reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 73 - Dietitians › § 3389. Renewals; continuing education

§ 3389. Renewals; continuing education
(a) Certificates shall be renewed every two years upon payment of the required fee, provided the person applying for renewal completes at least 30 hours of continuing education, approved by the Director, during the preceding two-year period. The Director, with the advice of the advisors appointed under section 3384 of this title, shall establish by rule guidelines and criteria for continuing education credit.
(b) Biennially, the Director shall forward a renewal form to each certificate holder. Upon receipt of the completed form and the renewal fee, the Director shall issue a new certificate.
(c) Any application for reinstatement of a certificate that has lapsed shall be accompanied by the renewal fee and the late renewal penalty. A person shall not be required to pay renewal fees for years during which the certificate was lapsed.
(d) The Director may, after notice and opportunity for hearing, revoke a person’s right to reinstate certification if the certification has lapsed for five or more years. (Added 1993, No. 103, § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 73 - Dietitians › § 3390. Unprofessional conduct

§ 3390. Unprofessional conduct
(a) Unprofessional conduct means misusing a title in professional activity and any of the conduct listed in 3 V.S.A. § 129a, whether committed by a certified dietitian or an applicant.
(b) After hearing, and upon a finding of unprofessional conduct, an administrative law officer may take disciplinary action against a certified dietitian or applicant. (Added 1993, No. 103, § 1; amended 1997, No. 40, § 49(a); 1997, No. 145 (Adj. Sess.), § 57.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 75 - Acupuncturists › § 3401. Definitions

§ 3401. Definitions
As used in this chapter:
(1) “Acupuncture” or the “practice of acupuncture” means the insertion of fine needles through the skin at certain points on the body, with or without the application of electric current or the application of heat to the needles or skin, or both, for the purpose of promoting health and well-being or to prevent or alleviate pain or unease.
(2) “Licensed acupuncturist” means a person who is licensed to practice acupuncture under this chapter.
(3) “Director” means the Director of the Office of Professional Regulation. (Added 1993, No. 199 (Adj. Sess.), § 1; amended 1997, No. 40, §§ 37, 49(b); 2019, No. 30, § 23.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 75 - Acupuncturists › § 3401a. Scope of practice

§ 3401a. Scope of practice
(a) A licensed acupuncturist may, in addition to the practice of acupuncture employing fine needles, in a manner consistent with acupuncture theory, employ electrical, magnetic, thermal, and mechanical skin stimulation techniques; nonlaboratory diagnostic techniques; nutritional, herbal, and manual therapies; exercise and lifestyle counseling; acupressure; and massage.
(b) A licensed acupuncturist shall not offer diagnosis of any human pathology except for a functional diagnosis, based upon the physical complaint of a patient or acupuncture theory, for purposes of developing and managing a plan of acupuncture care, or as necessary to document to insurers and other payers the reason a patient sought care. (Added 2019, No. 30, § 23.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 75 - Acupuncturists › § 3403. Director; functions

§ 3403. Director; functions
(a) The Director shall:
(1) Provide general information to applicants for licensure as acupuncturists.
(2) Collect fees as provided under this chapter.
(3) Explain appeal procedures to licensed acupuncturists 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 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 chapter. (Added 1993, No. 199 (Adj. Sess.), § 1; amended 1997, No. 40, § 39; 2019, No. 30, § 23.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 75 - Acupuncturists › § 3404. Advisor appointees

§ 3404. Advisor appointees
(a)(1) The Secretary of State shall appoint two licensed acupuncturists to serve as advisors in matters relating to acupuncture as set forth in 3 V.S.A. § 129b.
(2) Appointees shall have at least three years’ experience as an acupuncturist immediately preceding appointment and shall be actively engaged in the practice of acupuncture in Vermont during incumbency.
(b) The Director shall seek the advice of the acupuncturist advisors in carrying out the provisions of this chapter. (Added 1993, No. 199 (Adj. Sess.), § 1; amended 1997, No. 40, § 49(b); 2005, No. 148 (Adj. Sess.), § 39; 2019, No. 30, § 23.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 75 - Acupuncturists › § 3405. Licenses

§ 3405. Licenses
To be eligible for licensure as an acupuncturist, an applicant shall be at least 18 years of age and shall furnish satisfactory proof that he or she:
(1) holds a degree or diploma from an educational institution accredited by the Accreditation Commission for Acupuncture and Oriental Medicine or a substantially equivalent or successor accrediting organization approved by the U.S. Department of Education and the Director, which shall include at least two academic years and a minimum of 400 hours of supervised clinical practice; and
(2) passed the examination described in section 3406 of this chapter. (Added 1993, No. 199 (Adj. Sess.), § 1; amended 1997, No. 40, § 49(b); 2005, No. 148 (Adj. Sess.), § 40; 2007, No. 29, § 55; 2017, No. 48, § 27; 2019, No. 30, § 23.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 75 - Acupuncturists › § 3406. Examination

§ 3406. Examination
(a) The Director shall examine applicants for licensure and may use a standardized national examination. The examination shall include the following subjects:
(1) Anatomy and physiology.
(2) Acupuncture pathology.
(3) Acupuncture diagnosis.
(4) Hygiene, sanitation, and sterilization techniques.
(5) The principles, practices, and techniques of acupuncture.
(6) Clean needle techniques.
(7) [Repealed.]
(b) The Director may adopt rules necessary to perform his or her duties under this section. (Added 1993, No. 199 (Adj. Sess.), § 1; amended 1997, No. 40, § 49(b); 2005, No. 148 (Adj. Sess.), § 41; 2019, No. 30, § 23; 2021, No. 69, § 6.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 75 - Acupuncturists › § 3407. Licensure without examination

§ 3407. Licensure without examination
(a) The Director may waive the examination requirement under subdivision 3405(2) of this chapter if the applicant is an acupuncturist regulated under the laws of another state who is in good standing to practice acupuncture in that state and, in the opinion of the Director, the standards and qualifications required for regulation of acupuncturists in that state are substantially equivalent to those required by this chapter.
(b) The Director may waive the examination requirement under subdivision 3405(2) of this chapter for an applicant who has furnished evidence of having passed the examination administered by the National Certification Commission for Acupuncture and Oriental Medicine. (Added 1993, No. 199 (Adj. Sess.), § 1; amended 1997, No. 40, § 49(b); 2007, No. 163 (Adj. Sess.), § 33; 2019, No. 30, § 23.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 75 - Acupuncturists › § 3408. Renewals

§ 3408. Renewals
Licenses shall be renewed every two years upon payment of the required fee and furnishing satisfactory evidence of having completed 30 hours of continuing education credit during the preceding two years. The Director may adopt rules for the approval of continuing education programs and the awarding of credit. (Added 1993, No. 199 (Adj. Sess.), § 1; amended 1997, No. 40, § 40; 2019, No. 30, § 23.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 75 - Acupuncturists › § 3411. Disclosure information

§ 3411. Disclosure information
The Director shall adopt rules requiring licensed acupuncturists to disclose to each new client before the first treatment the acupuncturist’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 acupuncturist and the client. (Added 1993, No. 199 (Adj. Sess.), § 1; amended 1997, No. 40, § 42.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 76 - Marriage and Family Therapists › § 4031. Definitions

§ 4031. Definitions
As used in this chapter:
(1) “American Association for Marriage and Family Therapy” means a national professional association of marriage and family therapists that accredits marriage and family therapy academic programs and provides direction and leadership for marriage and family therapy practice, education, and research.
(2) “Board” means the Board of Allied Mental Health Practitioners established under section 3262a of this title.
(3) “Licensed marriage and family therapist” means a person who is licensed under this chapter.
(4) “Commission” means the Commission on Accreditation for Marriage and Family Therapy Education, the committee of the American Association for Marriage and Family Therapy that reviews and accredits academic programs in marriage and family therapy that are offered at both regionally recognized colleges and universities and at independent post-graduate training institutes.
(5) “Disciplinary action” includes any action taken by the Board against a licensed marriage and family therapist on a finding of unprofessional conduct by the licensed marriage and family therapist or an applicant. It includes all sanctions of any kind, such as refusing to license a person as a marriage and family therapist or to renew a licensure, suspension or revocation of the person’s licensure, issuing warnings, and other such limitations.
(6) “Marriage and family services” means the diagnosis and treatment of mental conditions or disabilities, whether cognitive, affective, or behavioral, from the context of marital and family systems. It further involves the professional application of psychotherapeutic and family systems theory and technique in the delivery of services to individuals, couples, and families for the purpose of treating such diagnosed mental conditions or disabilities.
(7) “Marriage and family therapy” means the rendering of professional marriage and family services to individuals, family groups, couples, singly or in groups, whether such services are offered directly to the general public or through organizations either private or public, for compensation, monetary or otherwise. (Added 1993, No. 222 (Adj. Sess.), § 13; amended 1997, No. 40, § 59; 1999, No. 52, § 35; 2013, No. 96 (Adj. Sess.), § 181.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 76 - Marriage and Family Therapists › § 4032. Disclosure of information

§ 4032. Disclosure of information
The Board shall adopt rules requiring licensed marriage and family therapists to disclose to each client the marriage and family therapist’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 marriage and family therapist and the client. The rules may include provisions for applying or modifying these requirements in cases involving clients for designated agencies, institutionalized clients, minors, and adults under the supervision of a guardian. (Added 1993, No. 222 (Adj. Sess.), § 13; amended 1997, No. 40, § 60; 1999, No. 52, § 35; 2015, No. 38, § 36, eff. May 28, 2015.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 76 - Marriage and Family Therapists › § 4033. Prohibition; penalty

§ 4033. Prohibition; penalty
(a) No person shall practice or attempt to practice marriage and family therapy, nor shall any person use in connection with the person’s name any letters, words, or insignia indicating or implying that the person is a licensed marriage and family therapist unless licensed in accordance with this chapter.
(b) A person who violates subsection (a) of this section shall be subject to the penalties provided in 3 V.S.A. § 127(c). (Added 1993, No. 222 (Adj. Sess.), § 13; amended 1999, No. 52, § 31; 2007, No. 29, § 56.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 76 - Marriage and Family Therapists › § 4034. Board of Allied Mental Health Practitioners; duties

§ 4034. Board of Allied Mental Health Practitioners; duties
(a) The Board shall:
(1) Provide general information to applicants for licensure as marriage and family therapists.
(2) Administer fees collected under this chapter.
(3) Explain appeal procedures to marriage and family therapists and applicants and complaint procedures to the public.
(4) Receive applications for licensure of applicants under this chapter, renew licensure, and revoke, suspend, reinstate, or condition licensure as ordered by the Board.
(5) Refer all disciplinary matters to the Board.
(b) The Board may adopt rules necessary to perform its duties under this section. (Added 1993, No. 222 (Adj. Sess.), § 13; amended 1997, No. 40, §§ 61, 73(a), (b); 1999, No. 52, § 35.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 76 - Marriage and Family Therapists › § 4036. Application

§ 4036. Application
To apply for licensure as a marriage and family therapist, a person shall apply to the Board on a form that the Director shall furnish. The application shall be accompanied by payment of the specified fee and evidence of eligibility as requested by the Board. (Added 1993, No. 222 (Adj. Sess.), § 13; amended 1997, No. 40, § 73(a); 1999, No. 52, § 35.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 76 - Marriage and Family Therapists › § 4037. Eligibility

§ 4037. Eligibility
To be eligible for licensure as a marriage and family therapist, an applicant:
(1) Shall have successfully:
(A)(i) completed a graduate degree program in marriage and family therapy at an institution that is accredited by both a regional educational accrediting body and the Commission, or a post-graduate training institute that is accredited by the Commission; or
(ii) obtained a graduate degree focusing on marriage and family therapy, as defined by the Board by rule, at an institution that is accredited by a regional or national educational accrediting body recognized by the U.S. Department of Education and approved by the Board; and
(B) met specific graduate credit and course requirements for licensure as set forth by the Board by rule.
(2) [Repealed.]
(3) Shall have successfully completed a two-calendar-year work experience in marriage and family therapy under the supervision of either a licensed marriage and family therapist or licensed clinical social worker in this State or a marriage and family therapist or licensed clinical social worker in another state who would meet the license requirements. The Board may, when a qualified marriage and family therapist is not reasonably available, permit a person licensed as a clinical mental health counselor, clinical social worker, psychologist, or licensed physician certified in psychiatry by the American Board of Medical Specialties, to serve as a supervisor. Persons engaged in the work experience shall be entered on the Roster of Psychotherapists who are Nonlicensed and Noncertified and shall comply with the laws of that profession. The Board shall adopt rules establishing standards and procedures for satisfying the requirements of this subdivision.
(4) Shall have passed an examination as provided in section 4038 of this title. (Added 1993, No. 222 (Adj. Sess.), § 13; amended 1997, No. 40, § 62; 1997, No. 111 (Adj. Sess.), § 1; 1999, No. 52, §§ 32, 35; 2001, No. 129 (Adj. Sess.), § 29a, eff. June 13, 2002; 2005, No. 27, § 97; 2005, No. 148 (Adj. Sess.), § 42.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 76 - Marriage and Family Therapists › § 4038. Examination

§ 4038. Examination
(a) A written examination shall be conducted under this chapter at least twice a year except that an examination need not be conducted when no one has applied to be examined.
(b) An examination administered and the procedures of administration shall be fair and reasonable and shall be designed and implemented to ensure that all applicants are granted licensure if they demonstrate that they possess the minimal occupational qualifications that are necessary for the protection of the public health, safety, and welfare. The examination shall not be designed or implemented for the purpose of limiting the number of licensed marriage and family therapists. The Board shall establish criteria for passing the examination that shall apply to all persons taking the examination.
(c) The Board shall administer a written examination based on the applicant’s marriage and family therapy educational and clinical background.
(d) The Board may authorize the use of established marriage and family therapy tests as utilized by the American Association for Marriage and Family Therapy. (Added 1993, No. 222 (Adj. Sess.), § 13; amended 1997, No. 40, § 63; 1999, No. 52, § 35.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 76 - Marriage and Family Therapists › § 4039. Certification without examination

§ 4039. Certification without examination
The Board may waive the examination requirement for licensure if the applicant is a marriage and family therapist regulated under the laws of another jurisdiction who is in good standing to practice marriage and family therapy in that jurisdiction and, in the opinion of the Board, the standards and qualifications required for regulation of marriage and family therapy in that jurisdiction are substantially equivalent to those required by this chapter. The Board may adopt by rule criteria for licensing marriage and family therapists who have five years’ licensed or certified practice experience in another jurisdiction of the United States or Canada. (Added 1993, No. 222 (Adj. Sess.), § 13; amended 1997, No. 40, § 73; 1999, No. 52, § 35; 2003, No. 60, § 19; 2007, No. 29, § 57.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 76 - Marriage and Family Therapists › § 4040. Renewals

§ 4040. Renewals
(a) Licenses shall be renewed every two years upon payment of the required fee, provided the person applying for renewal has completed at least 20 hours of continuing education, approved by the Board, during the preceding two-year period.
(1) The Board shall establish, by rule, guidelines and criteria for continuing education credit. 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.
(2) The continuing education requirement shall not apply for the first renewal period. 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) Biennially, the Board shall forward a renewal form to each licensed marriage and family therapist. Upon receipt of the completed form and the renewal fee, the Board shall renew a license.
(c) Any application for renewal of a license that has expired shall be accompanied by the renewal fee and late fee. A person shall not be required to pay renewal fees for years during which the license was lapsed.
(d) [Repealed.] (Added 1993, No. 222 (Adj. Sess.), § 13; amended 1997, No. 40, §§ 64, 73(a); 1999, No. 52, § 33; 2013, No. 27, § 45; 2021, No. 117 (Adj. Sess.), § 5, eff. July 1, 2023.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 76 - Marriage and Family Therapists › § 4041a. Fees

§ 4041a. Fees
Applicants and persons regulated under this chapter shall pay the following fees:
(1) Application for licensure $175.00
(2) Biennial renewal $285.00 (Added 1997, No. 155 (Adj. Sess.), § 7, eff. April 29, 1998; amended 1999, No. 49, § 182; 2001, No. 143 (Adj. Sess.), § 32, eff. June 21, 2002; 2005, No. 202 (Adj. Sess.), § 21; 2019, No. 70, § 24; 2023, No. 77, § 20, eff. June 20, 2023.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 76 - Marriage and Family Therapists › § 4042. Unprofessional conduct

§ 4042. Unprofessional conduct
(a) Unprofessional conduct means the following conduct and the conduct set forth in 3 V.S.A. § 129a:
(1) Failing to use a complete title in professional activity.
(2) Conduct that evidences moral unfitness to practice marriage and family therapy.
(3) Engaging in any sexual conduct with a client, or with the immediate family member of a client, with whom the licensed marriage and family therapist has had a professional relationship within the previous two years.
(4) Harassing, intimidating, or abusing a client.
(5) Entering into an additional relationship with a client, supervisee, research participant, or student that might impair the marriage and family therapist’s objectivity or otherwise interfere with the marriage and family therapist’s professional obligations.
(6) Practicing outside or beyond a marriage and family therapist’s area of training, experience, and competence without appropriate supervision.
(7) 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, or upon approval of a negotiated agreement, the Board may take disciplinary action against the licensed marriage and family therapist or applicant. That action may include any of the following conditions or restrictions, which may be in addition to or in lieu of suspension:
(1) A requirement that the person submit to appropriate treatment.
(2) A restriction that a licensed marriage and family therapist practice only under the supervision of a named individual or an individual with specified credentials.
(3) A requirement that a licensed marriage and family therapist participate in continuing education as directed by the Board in order to overcome specified deficiencies.
(4) A requirement that the licensed marriage and family therapist’s scope of practice be restricted to a specified extent.
(c) The Board may reinstate a revoked license on terms and conditions that the Board deems to be proper. (Added 1993, No. 222 (Adj. Sess.), § 13; amended 1997, No. 40, § 65; 1997, No. 145 (Adj. Sess.), § 59; 1999, No. 52, §§ 34, 35; 2015, No. 138 (Adj. Sess.), § 9.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 77 - Psychoanalysts › § 4051. Definitions

§ 4051. Definitions
As used in this chapter:
(1) “Certified psychoanalyst” means a person who is certified under this chapter.
(2) “Director” means the Director of the Office of Professional Regulation.
(3) “Disciplinary action” includes any action taken by the Director or an administrative law officer appointed pursuant to 3 V.S.A. § 129(j) against a certified psychoanalyst or an applicant on a finding of unprofessional conduct by the certified psychoanalyst or applicant. It includes all sanctions of any kind, refusing to certify a person as a psychoanalyst or to renew a certification, suspension or revocation of the person’s certification, issuing warnings, and other such limitations.
(4) “National psychoanalytic association” means a national professional organization of psychoanalysts that conducts onsite visits of psychoanalytic institutes applying for association membership. National psychoanalytic associations also provide direction and leadership for psychoanalytic practice, education, and research within a specific school of thought.
(5) “Psychoanalytic services” means therapeutic services that are based on an understanding of the unconscious and how unconscious processes affect the human mind as a whole, including actions, thoughts, perceptions, and emotions. Psychoanalytic services are provided by individuals who have:
(A) undergone a personal analysis by a psychoanalyst who has been approved by a psychoanalytic training institute; and
(B) met all of the certification or certification exemption requirements of this chapter. (Added 1993, No. 222 (Adj. Sess.), § 15; amended 1997, No. 40, § 45.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 77 - Psychoanalysts › § 4052. Disclosure of information

§ 4052. Disclosure of information
The Office of Professional Regulation, in consultation with the advisor appointees, shall adopt rules requiring certified psychoanalysts to disclose to each client the psychoanalyst’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 psychoanalyst and the client. The rules may include provisions for applying or modifying these requirements in cases involving institutionalized clients, minors, and adults under the supervision of a guardian. (Added 1993, No. 222 (Adj. Sess.), § 15.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 77 - Psychoanalysts › § 4053. Prohibition; penalty

§ 4053. Prohibition; penalty
(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 certified psychoanalyst unless certified in accordance with this chapter.
(b) A person who violates subsection (a) of this section shall be subject to the penalties provided in 3 V.S.A. § 127(c). (Added 1993, No. 222 (Adj. Sess.), § 15; amended 2007, No. 29, § 58.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 77 - Psychoanalysts › § 4054. Director of the Office of Professional Regulation; duties

§ 4054. Director of the Office of Professional Regulation; duties
(a) The Director shall:
(1) Provide general information to applicants for certification as psychoanalysts.
(2) Administer fees collected under this chapter.
(3) Explain appeal procedures to psychoanalysts and applicants and complaint procedures to the public.
(4) Receive applications for certification of applicants under this chapter, renew certification, and revoke, suspend, reinstate, or condition certification as ordered by an administrative law officer.
(5) Refer all disciplinary matters to an administrative law officer.
(b) The Director of the Office of Professional Regulation, with the advice of the advisor appointees established under section 4055 of this title, may adopt rules under 3 V.S.A. chapter 25 that are necessary to perform the duties provided under this chapter. (Added 1993, No. 222 (Adj. Sess.), § 15; amended 1997, No. 40, § 49(a).)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 77 - Psychoanalysts › § 4055. Advisor appointees

§ 4055. Advisor appointees
(a) The Secretary of State shall appoint two certified psychoanalysts to serve as advisors in matters relating to psychoanalysts. 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 five years of experience as psychoanalysts during the period immediately preceding appointment and shall be actively practicing certified psychoanalysts in Vermont and remain in good standing during incumbency.
(c) The Director shall seek the advice of the certified psychoanalysts appointed under this section in carrying out the provisions of this chapter. These members shall be entitled to compensation and necessary expenses in the amount provided in 32 V.S.A. § 1010 for attendance at any meeting called by the Director for this purpose. (Added 1993, No. 222 (Adj. Sess.), § 15; amended 2007, No. 29, § 59.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 77 - Psychoanalysts › § 4056. Application

§ 4056. Application
To apply for certification as a psychoanalyst, a person shall apply to the Director on a form that the Director shall furnish. The application shall be accompanied by payment of the specified fee and evidence of eligibility as requested by the Director. (Added 1993, No. 222 (Adj. Sess.), § 15.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 77 - Psychoanalysts › § 4057. Eligibility

§ 4057. Eligibility
(a) To be eligible for certification as a psychoanalyst, an applicant shall satisfy the following requirements:
(1) Have earned a master’s degree.
(2) Have earned a graduate certificate or doctoral degree in psychoanalysis from a free-standing psychoanalytic institute that is chartered by a state or foreign government and accredited by a national psychoanalytic association.
(b) A student who is in training at a free-standing state or foreign government chartered psychoanalytic institute may practice as a psychoanalyst-in-training until issuance of State certification as long as that person is meeting the requirements for supervised practice of the institute at which that person is training. (Added 1993, No. 222 (Adj. Sess.), § 15; amended 1997, No. 40, § 46.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 77 - Psychoanalysts › § 4059. Exemption

§ 4059. Exemption
(a) Any person who has met the educational and clinical criteria established under subdivision 4057(a)(2) of this title and is licensed or certified under this title as a physician, osteopath, psychologist, clinical social worker, clinical mental health counselor, or marriage and family therapist shall be exempt from the provisions of this chapter.
(b) Notwithstanding the provisions of subsection (a) of this section, the provisions of this chapter shall apply to any person certified as a psychoanalyst under this chapter. (Added 1993, No. 222 (Adj. Sess.), § 15; amended 1997, No. 40, § 47; 1997, No. 145 (Adj. Sess.), § 25.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 77 - Psychoanalysts › § 4060. Renewals

§ 4060. Renewals
(a) Certification shall be renewed every two years upon payment of the required fee, provided the person applying for renewal completes at least 20 hours of continuing education, approved by the Director, during the preceding two-year period.
(1) The Director, with the advice of the advisor appointees, shall establish, by rule, guidelines and criteria for continuing education credit. 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.
(2) The education requirement shall not apply for the first renewal period. 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) Biennially, the Director shall forward a renewal form to each certified psychoanalyst. Upon receipt of the completed form and the renewal fee, the Director shall issue a new certificate.
(c) Any application for renewal of a certificate that has expired shall be accompanied by the renewal fee and late fee. A person shall not be required to pay renewal fees for years during which the certificate was lapsed.
(d) The Director may, after notice and opportunity for hearing, revoke a person’s right to renew certification if the certification has lapsed for five or more years. (Added 1993, No. 222 (Adj. Sess.), § 15; amended 2021, No. 117 (Adj. Sess.), § 6, eff. July 1, 2023.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 77 - Psychoanalysts › § 4062. Unprofessional conduct

§ 4062. Unprofessional conduct
(a) Unprofessional conduct means the following conduct and the conduct set forth in 3 V.S.A. § 129a:
(1) Failing to use a complete title in professional activity.
(2) Conduct that evidences moral unfitness to practice psychoanalysis.
(3) Engaging in any sexual conduct with a client, or with the immediate family member of a client, with whom the certified psychoanalyst has had a professional relationship within the previous two years.
(4) Harassing, intimidating, or abusing a client.
(5) Entering into an additional relationship with a client, supervisee, research participant, or student that might impair the psychoanalyst’s objectivity or otherwise interfere with the psychoanalyst’s professional obligations.
(6) Practicing outside or beyond a psychoanalyst’s area of training, experience, or competence without appropriate supervision.
(7) Using conversion therapy as defined in 18 V.S.A. § 8351 on a client younger than 18 years of age.
(b) In connection with a disciplinary action, the Office of Professional Regulation may refuse to accept the return of a certification tendered by the subject of a disciplinary investigation.
(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, or upon approval of a negotiated agreement, the administrative law officer may take disciplinary action against the certified psychoanalyst or applicant. That action may include any of the following conditions or restrictions, which may be in addition to or in lieu of suspension:
(1) A requirement that the person submit to appropriate treatment.
(2) A restriction that a certified psychoanalyst practice only under supervision of a named individual or an individual with specified credentials.
(3) A requirement that a certified psychoanalyst participate in continuing education as directed by the Office of Professional Regulation in order to overcome specified deficiencies.
(4) A requirement that the certified psychoanalyst’s scope of practice be restricted to a specified extent.
(e) The administrative law officer may reinstate a revoked certification on terms and conditions that the administrative law officer deems to be proper. (Added 1993, No. 222 (Adj. Sess.), § 15; amended 1997, No. 145 (Adj. Sess.), § 60; 2015, No. 138 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 78 - Roster of Psychotherapists Who Are Nonlicensed and Noncertified › § 4081. Legislative intent

§ 4081. Legislative intent
It is the intent of this chapter:
(1) To ensure that consumers of psychotherapy services are provided with the information relating to the training and qualification of nonlicensed and noncertified providers of psychotherapy necessary to enable them to make informed decisions concerning their choice of providers.
(2) That psychotherapists who are nonlicensed and noncertified are entered on a roster and practice according to established standards of professional conduct and be subject to disciplinary procedures if they fail to adhere to those standards.
(3) That the term psychotherapy as used in this chapter be narrowly interpreted to ensure that only those persons who provide services that clearly fall within the definition of psychotherapy are subject to the provisions of this chapter. (Added 1993, No. 222 (Adj. Sess.), § 17.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 78 - Roster of Psychotherapists Who Are Nonlicensed and Noncertified › § 4082. Definitions

§ 4082. Definitions
As used in this chapter:
(1) “Board” means the Board of Allied Mental Health Practitioners established under section 3262a of this title.
(2) “Disciplinary action” includes any action taken by the Board against a person who is entered on the Roster or who applies for entry on the Roster, premised on a finding of unprofessional conduct. It includes all sanctions of any kind, such as refusal to enter a person on the Roster or to renew a Roster entry, suspension or revocation of the person’s right to be entered on the Roster, issuing warnings, limitations on a person’s right to practice, and other similar sanctions.
(3) “Psychotherapist who is nonlicensed and noncertified” means a person who practices psychotherapy and is neither a licensed psychologist, clinical social worker, or mental health counselor, nor a certified marriage and family therapist or a psychoanalyst.
(4) “Psychotherapy” means the provision of treatment, diagnosis, evaluation, or counseling services to individuals or groups, for a consideration, for the purpose of alleviating mental disorders. “Psychotherapy” involves the application of therapeutic techniques to understand unconscious or conscious motivation, resolve emotional, relationship, or attitudinal conflicts, or modify behavior that interferes with effective emotional, social, or mental functioning. “Psychotherapy” follows a systematic procedure of psychotherapeutic intervention that takes place on a regular basis over a period of time, or, in the case of evaluation and brief psychotherapies, in a single or limited number of interventions. If a person is employed by or under contract with the Agency of Human Services, this definition does not apply to persons with less than a master’s degree; to persons providing life skills training or instruction, such as learning to make friends, to handle social situations, to do laundry, and to develop community awareness; or interactions of employees or contracted individuals with clients whose job description or contract specifications do not specifically mention “psychotherapy” as a job responsibility or duty.
(5) “Roster” means the list of psychotherapists who are nonlicensed and noncertified that is maintained by the Office of Professional Regulation in the Office of the Secretary of State. (Added 1993, No. 222 (Adj. Sess.), § 17; amended 1997, No. 40, § 66; 1997, No. 145 (Adj. Sess.), § 26; 2005, No. 27, § 98.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 78 - Roster of Psychotherapists Who Are Nonlicensed and Noncertified › § 4083. Prohibitions; penalties

§ 4083. Prohibitions; penalties
(a) No person shall practice psychotherapy unless the person is entered on the Roster of Psychotherapists who are Nonlicensed and Noncertified.
(b) A person entered on the Roster shall not use the terms certified, clinical, licensed, registered, or State-approved, or any other term that would give the impression that the psychotherapist or the service that is being provided is recommended or approved by the State based solely on inclusion on the Roster.
(c) A person who violates the provisions of this section shall be subject to the penalties provided in 3 V.S.A. § 127(c). (Added 1993, No. 222 (Adj. Sess.), § 17; amended 2007, No. 29, § 60.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 78 - Roster of Psychotherapists Who Are Nonlicensed and Noncertified › § 4084. Unauthorized practice

§ 4084. Unauthorized practice
The provisions of 3 V.S.A. § 127, relating to unauthorized practice, shall apply to a psychotherapist who practices without being entered on the Roster. (Added 1993, No. 222 (Adj. Sess.), § 17.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 78 - Roster of Psychotherapists Who Are Nonlicensed and Noncertified › § 4085. Exemptions

§ 4085. Exemptions
(a) The provisions of this chapter shall not apply to persons while engaged in the course of their customary duties as clergy, licensed physicians, nurses, osteopaths, optometrists, dentists, lawyers, psychologists, social workers, mental health counselors, certified marriage and family therapists, licensed alcohol and drug counselors, and psychoanalysts or licensed educators when performing their duties consistent with the accepted standards of their respective professions.
(b) The provisions of this chapter shall not apply to persons while engaged in the course of their 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 is not covered by the definition of psychotherapy in section 4082 of this title.
(4) As a mediator.
(5) In an official evaluation for court purposes.
(6) As a volunteer for, or a member of, a self-help group such as Alcoholics Anonymous and 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) The prohibitions of this chapter shall not apply to practices in the fields of:
(1) Body work education and healing, including massage therapy, stress reduction, physical fitness, or yoga.
(2) Energy-related therapy, including kinesiology, crystology, and sound therapy.
(3) Psychic reading and healing arts, including astrology, channeling, and palmistry.
(4) Social science research and education, including sociology and educational tutoring.
(5) Human resource development, including personnel management, career development, and business consultants.
(d) Notwithstanding the provisions of subsections (a), (b), and (c) of this section, the provisions of this chapter shall apply to any person entered on the Roster as a nonlicensed and noncertified psychotherapist under this chapter. (Added 1993, No. 222 (Adj. Sess.), § 17; amended 1995, No. 126 (Adj. Sess.), § 10; 1997, No. 145 (Adj. Sess.), § 27; 1999, No. 52, § 36; 2011, No. 66, § 12, eff. June 1, 2011.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 78 - Roster of Psychotherapists Who Are Nonlicensed and Noncertified › § 4086. Roster of Psychotherapists who are Nonlicensed and Noncertified

§ 4086. Roster of Psychotherapists who are Nonlicensed and Noncertified
(a) A roster of psychotherapists who are nonlicensed and noncertified is created. The Roster shall include all nonlicensed and noncertified psychotherapists who practice in this State.
(b) Any psychologist, clinical social worker, clinical mental health counselor, marriage and family therapist, psychoanalyst, or any other allied mental health practitioner whose license, certification, registration, or state endorsement is suspended or has been permanently revoked by Vermont or any other jurisdiction shall be ineligible for entry on the Roster. (Added 1993, No. 222 (Adj. Sess.), § 17; amended 2005, No. 27, § 99.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 78 - Roster of Psychotherapists Who Are Nonlicensed and Noncertified › § 4087. Entry on the Roster; procedure

§ 4087. Entry on the Roster; procedure
(a) A psychotherapist who is nonlicensed and noncertified shall apply for entry on the Roster. Applications shall be made on the form provided by the Director, shall contain such information and professional data as the Director may require, and shall be accompanied by payment of the specified fee.
(b) Each psychotherapist whose name appears on the Roster shall notify the Director, in writing, of any change in the information previously provided to the Director. Notifications of changes of information shall be made within 30 days of the date the change occurred.
(c) [Repealed.] (Added 1993, No. 222 (Adj. Sess.), § 17; amended 1997, No. 40, § 67; 2003, No. 60, § 20.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 78 - Roster of Psychotherapists Who Are Nonlicensed and Noncertified › § 4088. Renewal

§ 4088. Renewal
Entries on the Roster shall be renewed every two years by submission of a new, completed Roster form and shall be accompanied by payment of the specified fee. (Added 1993, No. 222 (Adj. Sess.), § 17.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 78 - Roster of Psychotherapists Who Are Nonlicensed and Noncertified › § 4089a. Fees

§ 4089a. Fees
A person who seeks entry on the roster shall pay the following fees:
(1) Initial roster entry $95.00
(2) Biennial roster reentry $175.00 (Added 1997, No. 155 (Adj. Sess.), § 8, eff. April 29, 1998; amended 1999, No. 49, § 184; 2001, No. 143 (Adj. Sess.), § 33, eff. June 21, 2002; 2005, No. 202 (Adj. Sess.), § 22; 2019, No. 70, § 25; 2023, No. 77, § 19, eff. June 20, 2023.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 78 - Roster of Psychotherapists Who Are Nonlicensed and Noncertified › § 4090. Disclosure of information

§ 4090. Disclosure of information
The Board shall adopt rules requiring persons entered on the Roster to disclose to each client the psychotherapist’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 rostered psychotherapist 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.), § 17; amended 1997, No. 40, § 69; 2015, No. 38, § 37, eff. May 28, 2015.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 78 - Roster of Psychotherapists Who Are Nonlicensed and Noncertified › § 4091. Board; duties

§ 4091. Board; duties
(a) The Board shall:
(1) Provide general information to applicants for entry on the Roster.
(2) Explain appeal procedures to persons entered on the Roster and complaint procedures to the public.
(3) Administer fees collected under this chapter.
(4) Receive applications for entry on the Roster, enter applicants, renew entries on the Roster, and revoke, reinstate, or condition entry on the Roster as ordered by the Board.
(5) Refer all complaints and disciplinary matters to the Board.
(b) The Board may adopt rules necessary to perform its duties under subsection (a) of this section. (Added 1993, No. 222 (Adj. Sess.), § 17; amended 1997, No. 40, §§ 70, 73(a), (b).)