reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 62 - Alcohol and Drug Abuse Counselors › § 3231. Definitions

§ 3231. Definitions
As used in this chapter:
(1) “Alcohol and drug abuse counselor” means a person who engages in the practice of alcohol and drug abuse counseling for compensation.
(2) “Director” means the Director of the Office of Professional Regulation.
(3) “Office” means the Office of Professional Regulation.
(4) [Repealed.]
(5) “Practice of alcohol and drug abuse counseling” means the application of methods, including psychotherapy, that assist an individual or group to develop an understanding of alcohol and drug abuse dependency problems or process disorders, and to define goals and plan actions reflecting the individual’s or group’s interests, abilities, and needs as affected by alcohol and drug abuse dependency problems and comorbid conditions.
(6) “Supervision” means the oversight of a person for the purposes of teaching, training, or clinical review by a licensed alcohol and drug abuse counselor or a qualified supervisor as determined by the Director by rule. (Added 2013, No. 131 (Adj. Sess.), § 129, eff. May 20, 2014; amended 2015, No. 156 (Adj. Sess.), § 4, eff. Sept. 1, 2016; 2019, No. 30, § 20.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 62 - Alcohol and Drug Abuse Counselors › § 3232. Prohibition; penalties

§ 3232. Prohibition; penalties
(a) A person shall not perform either of the following acts:
(1) practice or attempt to practice alcohol and drug abuse counseling without a valid license issued in accordance with this chapter, except as otherwise provided in section 3233 of this chapter; or
(2) use in connection with the person’s name any letters, words, or insignia indicating or implying that the person is an alcohol and drug abuse counselor, unless the person is licensed or certified in accordance with this chapter.
(b) 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 2013, No. 131 (Adj. Sess.), § 129, eff. May 20, 2014; amended 2015, No. 156 (Adj. Sess.), § 4, eff. Sept. 1, 2016.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 62 - Alcohol and Drug Abuse Counselors › § 3233. Exemptions

§ 3233. Exemptions
The provisions of subdivision 3232(a)(1) of this chapter, relating to the practice of alcohol and drug abuse counseling, shall not apply to:
(1) the activities and services of a rabbi, priest, minister, Christian Science practitioner, or clergy of any religious denomination or sect when engaging in activities that are within the scope of the performance of the person’s regular or specialized ministerial duties and for which no separate charge is made, or when these activities are performed, with or without charge, for or under the auspices or sponsorship, individually or in conjunction with others, of an established and legally recognizable church, denomination, or sect and when the person rendering services remains accountable to the established authority of that church, denomination, or sect;
(2) the activities and services of a person licensed, certified, or registered under other laws of this State while acting within the scope of his or her profession or occupation, provided the person does not hold himself or herself out to the public as possessing a license issued pursuant to this chapter;
(3) the activities and services of a student intern or trainee in alcohol and drug abuse counseling who is pursuing a course of study in an accredited institution of higher education or a training course approved by the Director, provided these activities are performed under supervision of and constitute a part of an approved course of study;
(4) the activities and services of an individual certified under this chapter who is working in a preferred provider program under the supervision of a licensed alcohol and drug abuse counselor; or
(5) a person acting as a member of a voluntary group of individuals who offer peer support to each other in recovering from an addiction. (Added 2013, No. 131 (Adj. Sess.), § 129, eff. May 20, 2014; amended 2015, No. 156 (Adj. Sess.), § 4, eff. Sept. 1, 2016.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 62 - Alcohol and Drug Abuse Counselors › § 3234. Coordination of practice acts

§ 3234. Coordination of practice acts
Notwithstanding any provision of law to the contrary, a person may practice psychotherapy when acting within the scope of a license or certification granted under this chapter, provided he or she does not hold himself or herself out as a practitioner of a profession for which he or she is not licensed or certified. (Added 2013, No. 131 (Adj. Sess.), § 129, eff. May 20, 2014; amended 2015, No. 156 (Adj. Sess.), § 4, eff. Sept. 1, 2016.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 62 - Alcohol and Drug Abuse Counselors › § 3235. Director; duties

§ 3235. Director; duties
(a) In addition to the authority granted under 3 V.S.A. chapter 5, the Director shall:
(1) provide general information to applicants for licensure or certification under this chapter;
(2) administer fees collected under this chapter;
(3) refer complaints and disciplinary matters to an administrative law officer established under 3 V.S.A. § 129(j);
(4) explain appeal procedures to licensees, certified individuals, and applicants for licensure or certification under this chapter; and
(5) receive applications for licensure or certification under this chapter; issue and renew licenses or certifications; and revoke, suspend, reinstate, or condition licenses or certifications as ordered by an administrative law officer.
(b) The Director may adopt rules necessary to perform the Director’s duties under this section, including rules:
(1) Specifying acceptable master’s degree requirements.
(2) Setting standards for certifying apprentice addiction professionals and alcohol and drug abuse counselors.
(3) Requiring completion and documentation of not more than 40 hours of acceptable continuing education every two years as a condition for license or certification renewal.
(4) Requiring licensed alcohol and drug abuse counselors 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 clients of preferred providers, institutionalized clients, minors, and adults under the supervision of a guardian.
(5) Regarding ethical standards for individuals licensed or certified under this chapter.
(6) Regarding display of license or certification.
(7) Regarding reinstatement of a license or certification that has lapsed for more than five years.
(8) Regarding supervised practice toward licensure or certification. (Added 2013, No. 131 (Adj. Sess.), § 129, eff. May 20, 2014; amended 2015, No. 156 (Adj. Sess.), § 4, eff. Sept. 1, 2016.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 62 - Alcohol and Drug Abuse Counselors › § 3235a. Advisor appointees

§ 3235a. Advisor appointees
(a) The Secretary of State shall appoint three individuals licensed under this chapter to serve as advisors in matters relating to alcohol and drug abuse counselors. Advisors shall be appointed as set forth in 3 V.S.A. § 129b. Two of the initial appointments may be for less than a full term.
(b) Appointees shall not have less than three years’ licensed experience as an alcohol and drug abuse counselor in Vermont.
(c) The Director shall seek the advice of the advisors appointed under this section in carrying out the provisions of this chapter. (Added 2015, No. 156 (Adj. Sess.), § 4, eff. Sept. 1, 2016.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 62 - Alcohol and Drug Abuse Counselors › § 3236. Licensed alcohol and drug abuse counselor eligibility

§ 3236. Licensed alcohol and drug abuse counselor eligibility
(a) To be eligible for licensure as an alcohol and drug abuse counselor, an applicant shall:
(1) have received a master’s degree or doctorate in a human services field from an accredited educational institution, including a degree in counseling, social work, psychology, or an allied mental health field, or a master’s degree or higher in a health care profession regulated under this title or Title 33, after having successfully completed a course of study with course work including theories of human development, diagnostic and counseling techniques, professional ethics, and a supervised clinical practicum;
(2)(A) hold or be qualified to hold a current alcohol and drug counselor certification from the Office; or
(B) hold an International Certification and Reciprocity Consortium certification from another U.S. or Canadian jurisdiction or a U.S. or Canadian national certification organization approved by the Director;
(3) successfully pass the examination approved by the Director; and
(4) complete 2,000 hours of supervised practice as set forth in rule.
(b) A person who is engaged in supervised practice toward licensure who is not within the preferred provider network shall be registered on the roster of nonlicensed and noncertified psychotherapists. (Added 2013, No. 131 (Adj. Sess.), § 129, eff. May 20, 2014; amended 2015, No. 156 (Adj. Sess.), § 4, eff. Sept. 1, 2016.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 62 - Alcohol and Drug Abuse Counselors › § 3236a. Certification of apprentice addiction professionals and alcohol and drug abuse counselors

§ 3236a. Certification of apprentice addiction professionals and alcohol and drug abuse counselors
(a) The Director may certify an individual who has met requirements set by the Director by rule as:
(1) an apprentice addiction professional; or
(2) an alcohol and drug abuse counselor.
(b) The Director may seek cooperation with the International Certification and Reciprocity Consortium or other recognized alcohol and drug abuse provider credentialing organizations as a resource for examinations and rulemaking. (Added 2015, No. 156 (Adj. Sess.), § 4, eff. Sept. 1, 2016.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 62 - Alcohol and Drug Abuse Counselors › § 3236b. Licensure or certification by endorsement

§ 3236b. Licensure or certification by endorsement
The Director may issue a license or certification to an individual under this chapter if the individual holds a license or certification from a U.S. or Canadian jurisdiction that the Director finds has requirements for licensure or certification that are substantially equivalent to those required under this chapter. (Added 2015, No. 156 (Adj. Sess.), § 4, eff. Sept. 1, 2016.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 62 - Alcohol and Drug Abuse Counselors › § 3238. Biennial renewals

§ 3238. Biennial renewals
(a) Licenses and certifications shall be renewed every two years on a schedule set by the Office upon:
(1) Payment of the required fee.
(2) Documentation that the applicant has completed at least 40 hours of continuing education, approved by the Director. 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.
(b) [Repealed.]
(c) Any application for reinstatement of a license or certification that has expired shall be accompanied by the appropriate fees. A person shall not be required to pay renewal fees for years during which the license or certification was lapsed.
(d) [Repealed.] (Added 2013, No. 131 (Adj. Sess.), § 129, eff. May 20, 2014; amended 2015, No. 156 (Adj. Sess.), § 4, eff. Sept. 1, 2016; 2021, No. 117 (Adj. Sess.), § 3, eff. July 1, 2023.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 62 - Alcohol and Drug Abuse Counselors › § 3239. Unprofessional conduct

§ 3239. Unprofessional conduct
The following conduct and the conduct set forth in 3 V.S.A. § 129a, by a person authorized to provide alcohol and drug abuse services under this chapter or an applicant for licensure or certification, constitutes unprofessional conduct:
(1) violation of any provision of this chapter or rule adopted under this chapter;
(2) failing to use a complete title in professional activity;
(3) conduct that evidences moral unfitness to practice alcohol and drug abuse counseling;
(4) negligent, incompetent, or wrongful conduct in the practice of alcohol and drug abuse counseling; or
(5) harassing, intimidating, or abusing a client.
(6) [Repealed.] (Added 2013, No. 131 (Adj. Sess.), § 129, eff. May 20, 2014; amended 2015, No. 156 (Adj. Sess.), § 4, eff. Sept. 1, 2016.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 62 - Alcohol and Drug Abuse Counselors › § 3241. Fees

§ 3241. Fees
In addition to the fees otherwise authorized by law, the Director may charge the fees for professions regulated by the Director as set forth in 3 V.S.A. § 125. (Added 2013, No. 131 (Adj. Sess.), § 129, eff. May 20, 2014; amended 2015, No. 156 (Adj. Sess.), § 4, eff. Sept. 1, 2016.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 62 - Alcohol and Drug Abuse Counselors › § 3242. Medicaid participating providers

§ 3242. Medicaid participating providers
(a) The Department of Vermont Health Access shall grant authorization to a licensed alcohol and drug abuse counselor acting within the scope of his or her practice to participate as a Medicaid provider to deliver clinical and case coordination services to Medicaid beneficiaries consistent with federal law, regardless of whether the counselor works for a preferred provider.
(b) The Department shall amend Vermont’s Medicaid State Plan as necessary to comply with subsection (a) of this section. (Added 2015, No. 59, § 1, eff. Oct. 1, 2015.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 65 - Clinical Mental Health Counselors › § 3262. Prohibition; offenses

§ 3262. Prohibition; offenses
(a) No person shall practice or attempt to practice clinical mental health counseling, 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 clinical mental health counselor unless the person is licensed in accordance with this chapter.
(b) A person who violates this section shall be subject to the penalties provided in 3 V.S.A. § 127(c). (Added 1987, No. 245 (Adj. Sess.), § 1; amended 1993, No. 98, § 9; 2007, No. 29, § 43.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 65 - Clinical Mental Health Counselors › § 3262a. Board of Allied Mental Health Practitioners

§ 3262a. Board of Allied Mental Health Practitioners
(a) The Board of Allied Mental Health Practitioners is established.
(b) The Board shall consist of six members appointed by the Governor pursuant to 3 V.S.A. §§ 129b and 2004.
(1) Two members shall be licensed clinical mental health counselors; one member shall be a licensed marriage and family therapist; one member shall, at the time of appointment, be a nonlicensed and noncertified psychotherapist entered on the roster; and two members shall be public members.
(2) The public members shall have no direct financial interest personally or through a spouse, parent, child, brother, or sister in clinical mental health counseling, marriage and family therapy, or psychotherapy.
(3) The professional members shall have at least three years of professional experience as a clinical mental health counselor, marriage and family therapist, or psychotherapist and shall be actively engaged in one of these professions during incumbency.
(c) [Repealed.] (Added 1997, No. 40, § 51; amended 2005, No. 27, § 92; 2013, No. 138 (Adj. Sess.), § 40; 2017, No. 144 (Adj. Sess.), § 25.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 65 - Clinical Mental Health Counselors › § 3263. Allied Mental Health Board; duties

§ 3263. Allied Mental Health Board; duties
(a) The Board shall:
(1) provide general information to applicants for licensure as clinical mental health counselors;
(2) administer fees collected under this chapter;
(3) explain appeal procedures to licensed clinical mental health counselors and applicants and complaint procedures to the public;
(4) receive applications for licensure, license applicants under this chapter, renew licenses, and revoke, reinstate, or condition licenses.
(b) The Board may adopt rules necessary to perform its duties under subsection (a) of this section. (Added 1987, No. 245 (Adj. Sess.), § 1; amended 1989, No. 250 (Adj. Sess.), §§ 4(d), 80; 1993, No. 98, § 10; 1997, No. 40, § 52.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 65 - Clinical Mental Health Counselors › § 3265. Eligibility

§ 3265. Eligibility
To be eligible for licensure as a clinical mental health counselor an applicant shall have:
(1) Received a master’s degree or higher degree in counseling or a related field, from an accredited educational institution, after having successfully completed a course of study requiring a minimum number of graduate credit hours established by the Board by rule and a supervised practicum, internship, or field experience, as defined by the Board by rule, in a mental health counseling setting.
(2) Documented a minimum of 3,000 hours of supervised work in clinical mental health counseling during a minimum of two years of post-master’s experience, including at least 100 hours of face-to-face supervision during a minimum of two years of post-master’s experience. Persons engaged in supervised work shall be registered on the roster of nonlicensed, noncertified psychotherapists and shall comply with the laws applicable to registrants.
(3) Passed the examinations required by Board rules. (Added 1987, No. 245 (Adj. Sess.), § 1; amended 1993, No. 98, § 12; 1993, No. 222 (Adj. Sess.), § 9a; 1997, No. 40, § 53; 2001, No. 151 (Adj. Sess.), § 32, eff. June 27, 2002; 2005, No. 27, § 93; 2005, No. 148 (Adj. Sess.), § 36; 2017, No. 144 (Adj. Sess.), § 25.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 65 - Clinical Mental Health Counselors › § 3268. Licensing without examination

§ 3268. Licensing without examination
The Board may waive the examination requirement if the applicant is a clinical mental health counselor regulated under the laws of another jurisdiction, who is in good standing to practice clinical mental health counseling in that jurisdiction, and, in the opinion of the Board, the standards and qualifications required for regulation of clinical mental health counseling in that jurisdiction are substantially equivalent to those required by this chapter. The Board may adopt by rule criteria for licensing clinical mental health counselors who have five years’ licensed or certified practice experience in another jurisdiction of the United States or Canada. (Added 1987, No. 245 (Adj. Sess.), § 1; amended 1989, No. 250 (Adj. Sess.), § 4(d); 1997, No. 40, § 73(a); 2003, No. 60, § 17; 2007, No. 29, § 44.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 65 - Clinical Mental Health Counselors › § 3269. Renewals

§ 3269. Renewals
Licenses shall be renewed every two years upon payment of required fees and proof of such continuing education as the Board may require by rule and as required by this section. 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. (Added 1987, No. 245 (Adj. Sess.), § 1; amended 1989, No. 250 (Adj. Sess.), § 4(d); 1993, No. 98, § 15; 1997, No. 40, § 55; 2011, No. 66, § 10, eff. June 1, 2011; 2017, No. 144 (Adj. Sess.), § 25; 2021, No. 117 (Adj. Sess.), § 4, eff. July 1, 2023.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 65 - Clinical Mental Health Counselors › § 3270a. Fees

§ 3270a. Fees
Applicants and persons regulated under this chapter shall pay the following fees:
(1) Application for licensure $175.00
(2) Biennial renewal $230.00 (Added 1997, No. 155 (Adj. Sess.), § 6, eff. April 29, 1998; amended 1999, No. 49, § 181; 2001, No. 143 (Adj. Sess.), § 31, eff. June 21, 2002; 2005, No. 202 (Adj. Sess.), § 20; 2019, No. 70, § 22; 2023, No. 77, § 21, eff. June 20, 2023.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 65 - Clinical Mental Health Counselors › § 3270a. Fees

§ 3270a. Fees
(a) Applicants and persons regulated under this chapter shall pay the following fees:
(1) Application for licensure $150.00
(2) Biennial renewal $200.00
(b) A licensee of a remote state under the Counseling Compact established in subchapter 2 of this chapter shall pay a biennial $50.00 privilege to practice fee. (Added 1997, No. 155 (Adj. Sess.), § 6, eff. April 29, 1998; amended 1999, No. 49, § 181; 2001, No. 143 (Adj. Sess.), § 31, eff. June 21, 2002; 2005, No. 202 (Adj. Sess.), § 20; 2019, No. 70, § 22; 2023, No. 77, § 21, eff. June 20, 2023; 2023, No. 34, § 3, eff. July 1, 2024.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 65 - Clinical Mental Health Counselors › § 3271. Unprofessional conduct

§ 3271. Unprofessional conduct
(a) Unprofessional conduct means the following conduct and conduct set forth in 3 V.S.A. § 129a:
(1) using dishonest or misleading advertising;
(2) misusing a title in professional activity;
(3) conduct that evidences unfitness to practice clinical mental health counseling;
(4) engaging in any sexual conduct with a client, or with the immediate family member of a client, with whom the licensee has had a professional relationship within the previous five years;
(5) harassing, intimidating, or abusing a client;
(6) entering into an additional relationship with a client, supervisee, research participant, or student that might impair the licensed clinical mental health counselor’s objectivity or otherwise interfere with the clinical mental health counselor’s professional obligations;
(7) independently practicing outside or beyond a clinical mental health counselor’s area of training, experience, or competence without appropriate supervision; or
(8) 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, the Board may take disciplinary action against a licensed clinical mental health counselor or applicant. (Added 1987, No. 245 (Adj. Sess.), § 1; amended 1993, No. 98, § 17; 1993, No. 222 (Adj. Sess.), § 10; 1997, No. 40, § 57; 1997, No. 145 (Adj. Sess.), § 53; 2007, No. 29, § 45; 2015, No. 138 (Adj. Sess.), § 8.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 65 - Clinical Mental Health Counselors › § 3272. Professional designation

§ 3272. Professional designation
Nothing in this chapter shall be construed to prohibit the use and incorporation into the title of a clinical mental health counselor of a professional designation issued by a nationally recognized professional licensing organization. (Added 1987, No. 245 (Adj. Sess.), § 1; amended 1993, No. 98, § 18.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 65 - Clinical Mental Health Counselors › § 3273. Exemptions

§ 3273. 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, psychologists, nurses, osteopaths, optometrists, dentists, lawyers, social workers, 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 clinical mental health counselors or are licensed to practice clinical mental health counseling.
(b) The provisions of this chapter shall not apply to persons while engaged in the course of their customary duties:
(1) in the activities and services of the clergy or leader of any religious denomination, or sect or a Christian Science practitioner when engaging in activities that are within the scope of the performance of the person’s regular or specialized ministerial duties and for which no separate charge is made, or when these activities are performed, with or without charge, for or under the auspices of sponsorship, individually or in conjunction with others, of an established and legally recognizable church, denomination, or sect, and when the person rendering services remains accountable to the established authority of that church, denomination, or sect;
(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 3261 of this title;
(4) as a mediator;
(5) in an official evaluation for court purposes;
(6) as a member of a self-help group, such as Alcoholics Anonymous, peer counseling, or domestic violence groups, whether or not the person is serving for a consideration;
(7) as a respite caregiver, foster care worker, or hospice worker.
(c) Notwithstanding the provisions of subsections (a) and (b) of this section, the provisions of this chapter shall apply to any person licensed as a clinical mental health counselor under this chapter. (Added 1993, No. 98, § 19; amended 1993, No. 222 (Adj. Sess.), § 11; 1995, No. 126 (Adj. Sess.), § 8; 1997, No. 145 (Adj. Sess.), § 23; 1999, No. 52, § 29.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 65 - Clinical Mental Health Counselors › § 3273a. Exceptions

§ 3273a. 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 mental health counseling or preparing for the practice of clinical mental health counseling provided that the person’s title indicates his or her training status, if the preparation occurs under the supervision of a licensed practicing clinical mental health counselor 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 social worker 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 mental health counselor.
(b) Notwithstanding the provisions of subsection (a) of this section, this chapter shall apply to any person licensed as a clinical mental health counselor under this chapter. (Added 1993, No. 222 (Adj. Sess.), § 11a; amended 1997, No. 145 (Adj. Sess.), § 24.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 65 - Clinical Mental Health Counselors › § 3274. Disclosure of information

§ 3274. Disclosure of information
The Board shall adopt rules requiring licensed clinical mental health counselors to disclose to each client the clinical mental health counselor’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 clinical mental health counselor and the client. The rules may include provisions for applying or modifying these requirements in cases involving clients of designated agencies, institutionalized clients, minors, and adults under the supervision of a guardian. (Added 1993, No. 222 (Adj. Sess.), § 12; amended 1997, No. 40, § 58; 2015, No. 38, § 33, eff. May 28, 2015.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 65 - Clinical Mental Health Counselors › § 3275. Counseling Compact; adoption

§ 3275. Counseling Compact; adoption
This subchapter is the Vermont adoption of the Counseling Compact. The form, format, and text of the Compact have been conformed to the conventions of the Vermont Statutes Annotated. It is the intent of the General Assembly that this subchapter be interpreted as substantively the same as the Counseling Compact that is enacted by other Compact party states. (Added 2023, No. 34, § 1, eff. July 1, 2024.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 65 - Clinical Mental Health Counselors › § 3275a. Purpose

§ 3275a. Purpose
(a) The purpose of this Compact is to facilitate interstate practice of licensed professional counselors with the goal of improving public access to professional counseling services. The practice of professional counseling occurs in the state where the client is located at the time of the counseling services. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.
(b) This Compact is designed to achieve the following objectives:
(1) increase public access to professional counseling services by providing for the mutual recognition of other member state licenses;
(2) enhance the states’ ability to protect the public’s health and safety;
(3) encourage the cooperation of member states in regulating multistate practice for licensed professional counselors;
(4) support spouses of relocating active duty military personnel;
(5) enhance the exchange of licensure, investigative, and disciplinary information among member states;
(6) allow for the use of telehealth technology to facilitate increased access to professional counseling services;
(7) support the uniformity of professional counseling licensure requirements throughout the states to promote public safety and public health benefits;
(8) invest all member states with the authority to hold a licensed professional counselor accountable for meeting all state practice laws in the state in which the client is located at the time care is rendered through the mutual recognition of member state licenses;
(9) eliminate the necessity for licenses in multiple states; and
(10) provide opportunities for interstate practice by licensed professional counselors who meet uniform licensure requirements. (Added 2023, No. 34, § 1, eff. July 1, 2024.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 65 - Clinical Mental Health Counselors › § 3275e. Obtaining a new home state license based on privilege

§ 3275e. Obtaining a new home state license based on privilege
(a) A licensed professional counselor may hold a home state license, which allows for a privilege to practice in other member states, in only one member state at a time.
(b) If a licensed professional counselor changes primary state of residence by moving between two member states:
(1) The licensed professional counselor shall file an application for obtaining a new home state license based on a privilege to practice, pay all applicable fees, and notify the current and new home state in accordance with applicable rules adopted by the Commission.
(2) Upon receipt of an application for obtaining a new home state license by virtue of a privilege to practice, the new home state shall verify that the licensed professional counselor meets the pertinent criteria outlined in section 3275d of this chapter via the data system, without need for primary source verification except for:
(A) a Federal Bureau of Investigation fingerprint based criminal background check if not previously performed or updated pursuant to applicable rules adopted by the Commission in accordance with Pub. L. No. 92-544;
(B) other criminal background check as required by the new home state; and
(C) completion of any requisite jurisprudence requirements of the new home state.
(3) The former home state shall convert the former home state license into a privilege to practice once the new home state has activated the new home state license in accordance with applicable rules adopted by the Commission.
(4) Notwithstanding any other provision of this Compact, if the licensed professional counselor cannot meet the criteria in section 3275d of this chapter, the new home state may apply its requirements for issuing a new single state license.
(5) The licensed professional counselor shall pay all applicable fees to the new home state in order to be issued a new home state license.
(c) If a licensed professional counselor changes primary state of residence by moving from a member state to a non-member state, or from a non-member state to a member state, the state criteria shall apply for issuance of a single state license in the new state.
(d) Nothing in this Compact shall interfere with a licensee’s ability to hold a single state license in multiple states; however, for the purposes of this Compact, a licensee shall have only one home state license.
(e) Nothing in this Compact shall affect the requirements established by a member state for the issuance of a single state license. (Added 2023, No. 34, § 1, eff. July 1, 2024.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 65 - Clinical Mental Health Counselors › § 3275f. Active duty military personnel or their spouses

§ 3275f. Active duty military personnel or their spouses
Active duty military personnel, or their spouse, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual shall only change their home state through application for licensure in the new state, or through the process outlined in section 3275e of this title. (Added 2023, No. 34, § 1, eff. July 1, 2024.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 65 - Clinical Mental Health Counselors › § 3275g. Compact privilege to practice telehealth

§ 3275g. Compact privilege to practice telehealth
(a) Member states shall recognize the right of a licensed professional counselor, licensed by a home state in accordance with section 3275c of this title and under rules promulgated by the Commission, to practice professional counseling in any member state via telehealth under a privilege to practice as provided in the Compact and rules promulgated by the Commission.
(b) A Licensee providing professional counseling services in a remote state under the privilege to practice shall adhere to the laws and regulations of the remote state. (Added 2023, No. 34, § 1, eff. July 1, 2024.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 65 - Clinical Mental Health Counselors › § 3275j. Data system

§ 3275j. Data system
(a) The Commission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.
(b) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this Compact is applicable as required by the rules of the Commission, including:
(1) identifying information;
(2) licensure data;
(3) adverse actions against a license or privilege to practice;
(4) non-confidential information related to alternative program participation;
(5) any denial of application for licensure and the reason or reasons for such denial;
(6) current significant investigative information; and
(7) other information that may facilitate the administration of this Compact, as determined by the rules of the Commission.
(c) Investigative information pertaining to a licensee in any member state will only be available to other member states.
(d) The Commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state will be available to any other member state.
(e) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
(f) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system. (Added 2023, No. 34, § 1, eff. July 1, 2024.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 65 - Clinical Mental Health Counselors › § 3275m. Date of implementation of the Counseling Compact Commission and associated rules, withdrawal, and amendment

§ 3275m. Date of implementation of the Counseling Compact Commission and associated rules, withdrawal, and amendment
(a) The Compact shall come into effect on the date on which the Compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the Compact.
(b) Any state that joins the Compact subsequent to the Commission’s initial adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state.
(c) Any member state may withdraw from this Compact by enacting a statute repealing the same.
(1) A member state’s withdrawal shall not take effect until six months after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of the withdrawing state’s professional counseling licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.
(d) Nothing contained in this Compact shall be construed to invalidate or prevent any professional counseling licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this Compact.
(e) This Compact may be amended by the member states. No amendment to this Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states. (Added 2023, No. 34, § 1, eff. July 1, 2024.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 65 - Clinical Mental Health Counselors › § 3275n. Construction and severability

§ 3275n. Construction and severability
This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any member state, the Compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters. (Added 2023, No. 34, § 1, eff. July 1, 2024.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 65 - Clinical Mental Health Counselors › § 3275o. Binding effect of Compact and other laws

§ 3275o. Binding effect of Compact and other laws
(a) A licensee providing professional counseling services in a remote state under the privilege to practice shall adhere to the laws and regulations, including scope of practice, of the remote state.
(b) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the Compact.
(c) Any laws in a member state in conflict with the Compact are superseded to the extent of the conflict.
(d) Any lawful actions of the Commission, including all rules and bylaws properly promulgated by the Commission, are binding upon the member states.
(e) All permissible agreements between the Commission and the member states are binding in accordance with their terms.
(f) In the event any provision of the Compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state. (Added 2023, No. 34, § 1, eff. July 1, 2024.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 67 - Audiologists and Hearing Aid Dispensers › § 3282. Records and equipment

§ 3282. Records and equipment
(a) A licensee shall maintain records relating to the sale of his or her goods and services and, upon request, shall make such records available to the Director for review. A licensee shall maintain records required to be kept under this section for a period of at least seven years from the date of the sale.
(b) A licensee shall make the testing equipment available for periodic inspection by the Director or the Director’s designee, and shall have all testing equipment calibrated annually by the manufacturer or a qualified testing service in accordance with American National Standards Institute specifications.
(c) The Director shall adopt rules implementing the provisions of this section. (Added 1989, No. 60, § 1; amended 1989, No. 250 (Adj. Sess.), § 4(d).)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 67 - Audiologists and Hearing Aid Dispensers › § 3283. Prices to be disclosed

§ 3283. Prices to be disclosed
A licensee shall disclose in a clear and conspicuous manner the range of retail prices charged for goods and services. The disclosure schedule shall be posted in each licensee’s office and retail establishment in which the licensee works, and a written copy given to each client, patient, or customer prior to any sale. Disclosures shall be in the manner set forth by the Director by rule. (Added 1989, No. 60, § 1; amended 2015, No. 38, § 34, eff. Sept. 1, 2015.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 67 - Audiologists and Hearing Aid Dispensers › § 3284. Terms of sale; 45-day trial period

§ 3284. Terms of sale; 45-day trial period
(a)(1) Any sales contract for equipment, including a hearing aid, sold by a licensee to a person in this State, shall contain a clause that requires the licensee to refund the full product price of the equipment, except for the cost of earmolds and service, up to 45 days from the date of delivery of any new or substantially refabricated equipment if, in the opinion of the consumer, the equipment is not satisfactory.
(2) If the returned equipment is damaged while in the possession of the consumer, the amount refunded shall be reduced by the reasonable amount of the damage.
(3) The equipment shall not be sold thereafter as new.
(4) As used in this subsection, “cost of service” means the actual cost of the service provided to fit a hearing aid or install or prepare the equipment, but shall not exceed five percent of the sale price or $50.00, whichever is greater.
(b) The complete terms of the sale, including the terms of the 45-day trial period, the individual prices for goods and services sold, and such other information as the Director may require shall be disclosed in writing to the consumer before the sale is completed.
(c) If the equipment is in the possession of the licensee, manufacturer, repairperson, or their agents during the trial period, the period of time the equipment is in such possession shall not be included in the calculation of the 45-day trial period. (Added 1989, No. 60, § 1; amended 1989, No. 250 (Adj. Sess.), § 4(d); 2015, No. 38, § 34, eff. Sept. 1, 2015.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 67 - Audiologists and Hearing Aid Dispensers › § 3285. Prohibitions; penalties

§ 3285. Prohibitions; penalties
(a) A person shall not:
(1) practice or attempt to practice audiology or dispense hearing aids or hold oneself out as being permitted to do so in this State unless the person is licensed in accordance with this chapter;
(2) use in connection with the person’s name an insignia or any letters or words that indicate the person is an audiologist or a hearing aid dispenser unless the person is licensed in accordance with this chapter; or
(3) practice audiology or dispense hearing aids after the person’s license under this chapter has been suspended or revoked.
(b) A person who violates a provision of this section or who obtains a license by fraud or misrepresentation shall be subject to the pertinent penalties provided in 3 V.S.A. § 127. (Added 2015, No. 38, § 34, eff. Sept. 1, 2015.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 67 - Audiologists and Hearing Aid Dispensers › § 3286. Exemptions

§ 3286. Exemptions
(a) The provisions of section 3285 of this chapter shall not apply to a person enrolled in a course of study leading to a degree or certificate in audiology at a school accredited by the American Speech-Language Hearing Association, provided:
(1) the activities and services performed constitute part of a supervised course of study;
(2) the person is designated by a title that clearly indicates the person’s student or trainee status; and
(3) the person is under the direct supervision of an audiologist licensed in this State.
(b) In accordance with 21 C.F.R. § 800.30, persons dispensing over-the- counter hearing aids, as defined in 21 C.F.R. § 800.30(b) and meeting the standards established in 21 C.F.R. § 800.30(c)–(f), including self-fitting air- conduction hearing aids, as defined in 21 C.F.R. § 874.3325, shall be exempt from this chapter. (Added 2015, No. 38, § 34, eff. Sept. 1, 2015; amended 2023, No. 77, § 10, eff. June 20, 2023.)