reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 28 - Nursing › § 1643. Nursing assistant licensure by endorsement

§ 1643. Nursing assistant licensure by endorsement
(a) The Board may issue a license to practice as a nursing assistant to an applicant who:
(1) is licensed or registered in another U.S. jurisdiction; and
(2) has met the practice requirements set by the Board by rule.
(b) Except as otherwise provided by law, the Board shall issue a license to practice as a nursing assistant to an applicant who:
(1) is a service member or a veteran;
(2) has received designation by the U.S. Armed Forces as a 68W Combat Medic Specialist or equivalent; and
(3) is certified as a National Registry Emergency Medical Technician.
(c) As used in this section:
(1) “Service member” means an individual who is an active member of:
(A) the U.S. Armed Forces;
(B) a reserve component of the U.S. Armed Forces;
(C) the U.S. Coast Guard; or
(D) the National Guard of any state.
(2) “Veteran” means a former service member who received an honorable discharge or a general discharge under honorable conditions from active duty not more than two years prior to submitting an application for licensure. (Added 2015, No. 38, § 14, eff. May 28, 2015; amended 2017, No. 119 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 28 - Nursing › § 1644. Prohibitions; offenses

§ 1644. Prohibitions; offenses
(a) A person shall not use any letters, words, or insignia in connection with the person’s name that indicate or imply that the person is a nursing assistant unless the person is licensed in accordance with this subchapter.
(b) A person shall not practice nursing or nursing-related functions as defined in section 1641 of this subchapter without being licensed by the Board.
(c) A person who violates this section shall be subject to the penalties set forth in 3 V.S.A. § 127. (Added 2015, No. 38, § 14, eff. May 28, 2015.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 28 - Nursing › § 1645. Renewal

§ 1645. Renewal
(a) To renew a license, a nursing assistant shall meet active practice requirements set by the Board by rule.
(b) The Board shall credit as active practice those activities, regardless of title or obligation to hold a license, that reasonably tend to reinforce the training and skills of a licensee. (Added 2015, No. 38, § 14, eff. May 28, 2015; amended 2017, No. 144 (Adj. Sess.), § 18.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 28 - Nursing › § 1646. Exemptions

§ 1646. Exemptions
(a) Nothing in this subchapter shall be construed to prohibit other licensed or certified professionals from carrying on in the usual manner any of the functions of their professions.
(b) This subchapter does not prohibit the performance of nursing or nursing-related functions that are incidental to their program of study by persons enrolled in approved nursing assistant education and competency evaluation programs.
(c) Nothing in this subchapter shall be construed to conflict with the administration of medication by nonlicensees pursuant to the residential care home licensing rules adopted by the Department of Disabilities, Aging, and Independent Living. (Added 2015, No. 38, § 14, eff. May 28, 2015.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 28 - Nursing › § 1647. Nurse Licensure Compact; adoption

§ 1647. Nurse Licensure Compact; adoption
This subchapter is the Vermont adoption of the Nurse Licensure Compact as amended by the National Council of State Boards of Nursing. 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 Nurse Licensure Compact that is enacted by other Compact party states. (Added 2021, No. 64, § 1, eff. Feb. 1, 2022.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 28 - Nursing › § 1647a. Findings and declaration of purpose

§ 1647a. Findings and declaration of purpose
(a) The party states find that:
(1) The health and safety of the public are affected by the degree of compliance with and the effectiveness of enforcement activities related to state nurse licensure laws.
(2) Violations of nurse licensure and other laws regulating the practice of nursing may result in injury or harm to the public.
(3) The expanded mobility of nurses and the use of advanced communication technologies as part of our nation’s health care delivery system require greater coordination and cooperation among states in the areas of nurse licensure and regulation.
(4) New practice modalities and technology make compliance with individual state nurse licensure laws difficult and complex.
(5) The current system of duplicative licensure for nurses practicing in multiple states is cumbersome and redundant for both nurses and states.
(6) Uniformity of nurse licensure requirements throughout the states promotes public safety and public health benefits.
(b) The general purposes of this Compact are to:
(1) Facilitate the states’ responsibility to protect the public’s health and safety.
(2) Ensure and encourage the cooperation of party states in the areas of nurse licensure and regulation.
(3) Facilitate the exchange of information between party states in the areas of nurse regulation, investigation, and adverse actions.
(4) Promote compliance with the laws governing the practice of nursing in each jurisdiction.
(5) Invest all party states with the authority to hold a nurse accountable for meeting all state practice laws in the state in which the patient is located at the time care is rendered through the mutual recognition of party state licenses.
(6) Decrease redundancies in the consideration and issuance of nurse licenses.
(7) Provide opportunities for interstate practice by nurses who meet uniform licensure requirements. (Added 2021, No. 64, § 1, eff. Feb. 1, 2022.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 28 - Nursing › § 1647d. Applications for licensure in a party state

§ 1647d. Applications for licensure in a party state
(a) Upon application for a multistate license, the licensing board in the issuing party state shall ascertain, through the coordinated licensure information system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or multistate licensure privilege held by the applicant, whether any adverse action has been taken against any license or multistate licensure privilege held by the applicant, and whether the applicant is currently participating in an alternative program.
(b) A nurse may hold a multistate license, issued by the home state, in only one party state at a time.
(c) If a nurse changes primary state of residence by moving between two party states, the nurse must apply for licensure in the new home state, and the multistate license issued by the prior home state will be deactivated in accordance with applicable rules adopted by the Commission.
(1) The nurse may apply for licensure in advance of a change in primary state of residence.
(2) A multistate license shall not be issued by the new home state until the nurse provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a multistate license from the new home state.
(d) If a nurse changes primary state of residence by moving from a party state to a non-party state, the multistate license issued by the prior home state will convert to a single-state license, valid only in the former home state. (Added 2021, No. 64, § 1, eff. Feb. 1, 2022.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 28 - Nursing › § 1647f. Coordinated licensure information system

§ 1647f. Coordinated licensure information system
(a) All party states shall participate in a coordinated licensure information system of all licensed RNs and LPNs/VNs. This system will include information on the licensure and disciplinary history of each nurse, as submitted by party states, to assist in the coordination of nurse licensure and enforcement efforts.
(b) The Commission, in consultation with the administrator of the coordinated licensure information system, shall formulate necessary and proper procedures for the identification, collection, and exchange of information under this Compact.
(c) All licensing boards shall promptly report to the coordinated licensure information system any adverse action, current significant investigative information, denials of applications with the reasons for such denials, and nurse participation in alternative programs known to the licensing board regardless of whether such participation is deemed nonpublic or confidential under state law.
(d) Current significant investigative information and participation in nonpublic or confidential alternative programs shall be transmitted through the coordinated licensure information system only to party state licensing boards.
(e) Notwithstanding any other provision of law, all party state licensing boards contributing information to the coordinated licensure information system may designate information that may not be shared with non-party states or disclosed to other entities or individuals without the express permission of the contributing state.
(f) Any personally identifiable information obtained from the coordinated licensure information system by a party state licensing board shall not be shared with non-party states or disclosed to other entities or individuals except to the extent permitted by the laws of the party state contributing the information.
(g) Any information contributed to the coordinated licensure information system that is subsequently required to be expunged by the laws of the party state contributing that information shall also be expunged from the coordinated licensure information system.
(h) The Compact administrator of each party state shall furnish a uniform data set to the Compact administrator of each other party state, which shall include, at a minimum:
(1) identifying information;
(2) licensure data;
(3) information related to alternative program participation; and
(4) other information that may facilitate the administration of this Compact, as determined by Commission rules.
(i) The Compact administrator of a party state shall provide all investigative documents and information requested by another party state. (Added 2021, No. 64, § 1, eff. Feb. 1, 2022.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 28 - Nursing › § 1647j. Effective date, withdrawal, and amendment

§ 1647j. Effective date, withdrawal, and amendment
(a) This Compact shall become effective and binding on the earlier of the date of legislative enactment of this Compact into law by not fewer than 26 states or December 31, 2018. All party states to this Compact that also were parties to the prior Nurse Licensure Compact superseded by this Compact (“Prior Compact”) shall be deemed to have withdrawn from the Prior Compact within six months after the effective date of this Compact.
(b) Each party state to this Compact shall continue to recognize a nurse’s multistate licensure privilege to practice in that party state issued under the Prior Compact until such party state has withdrawn from the Prior Compact.
(c) Any party state may withdraw from this Compact by enacting a statute repealing the same. A party state’s withdrawal shall not take effect until six months after enactment of the repealing statute.
(d) A party state’s withdrawal or termination shall not affect the continuing requirement of the withdrawing or terminated state’s licensing board to report adverse actions and significant investigations occurring prior to the effective date of such withdrawal or termination.
(e) Nothing contained in this Compact shall be construed to invalidate or prevent any nurse licensure agreement or other cooperative arrangement between a party state and a non-party state that is made in accordance with the other provisions of this Compact.
(f) This Compact may be amended by the party states. No amendment to this Compact shall become effective and binding upon the party states unless and until it is enacted into the laws of all party states.
(g) Representatives of non-party states to this Compact shall be invited to participate in the activities of the Commission, on a nonvoting basis, prior to the adoption of this Compact by all states. (Added 2021, No. 64, § 1, eff. Feb. 1, 2022.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 28 - Nursing › § 1647k. Construction and severability

§ 1647k. 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 party state or of the United States, or if 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 to be contrary to the constitution of any party state, this Compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters. (Added 2021, No. 64, § 1, eff. Feb. 1, 2022.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 28 - Nursing › § 1648. Administration of the Nurse Licensure Compact

§ 1648. Administration of the Nurse Licensure Compact
(a) The Vermont State Board of Nursing shall have the power to:
(1) oversee the administration and enforcement of the Nurse Licensure Compact within the State of Vermont;
(2) recover from a nurse practicing under the provisions of the Nurse Licensure Compact the cost of investigation and disposition of a case resulting in adverse action taken against that nurse; and
(3) conduct a background check, prior to issuing a multistate license under the provisions of the Nurse Licensure Compact, that includes a fingerprint-based check of State and federal criminal history databases, as authorized by 28 C.F.R. § 20.33.
(b) The Executive Director of the Vermont State Board of Nursing or designee shall be the administrator (State Administrator) of the Nurse Licensure Compact for the State of Vermont pursuant to subdivision 1647g(b)(1) of this subchapter.
(c) The State Administrator shall promptly, and prior to a vote of the Commission, notify the Commissioner of Finance and Management if the Commission proposes to pledge the credit of the State of Vermont under subdivision 1647g(h)(3) of this subchapter or in any way proposes to impose liability on the State of Vermont for an amount equal to or in excess of $100,000.00.
(d) The Vermont State Board of Nursing may:
(1) adopt rules necessary to implement and enforce the provisions of this subchapter within the State of Vermont; and
(2) take disciplinary action against the practice privilege of a nurse practicing within the State of Vermont under the provisions of the Nurse Licensure Compact, which may include disciplinary action based on disciplinary action taken against the nurse’s license by another party state to the Nurse Licensure Compact.
(e) Nothing in this subchapter shall supersede or abridge State labor laws. (Added 2021, No. 64, § 1, eff. Feb. 1, 2022.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 29 - Anesthesiologist Assistants › § 1651. Definitions

§ 1651. Definitions
As used in this chapter:
(1) “Anesthesiologist” means a person licensed to practice medicine or osteopathy under chapter 23 or 33 of this title and who either has completed a residency in anesthesiology approved by the American Board of Anesthesiology or the American Osteopathic Board of Anesthesiology or their predecessors or successors or is credentialed by a hospital to practice anesthesiology and engages in the practice of anesthesiology at that hospital full time.
(2) “Anesthesiologist assistant” means a person certified by the State of Vermont under this chapter who is qualified by education, training, experience, and personal character to provide medical services under the direction and supervision of an anesthesiologist.
(3) “Board” means the State Board of Medical Practice established under chapter 23 of this title.
(4) “Contract” means a legally binding written agreement containing the terms of employment of an anesthesiologist assistant.
(5) “Disciplinary action” means any action taken against a certified anesthesiologist assistant or an applicant by the Board or an appeal of that action when that action suspends, revokes, limits, or conditions certification in any way, or when it results in a reprimand of the person.
(6) “NCCAA” means the National Commission for Certification of Anesthesiologist Assistants, or its successor, as recognized by the Board.
(7) “Protocol” means a detailed description of the duties and scope of practice delegated by an anesthesiologist to an anesthesiologist assistant.
(8) “Supervision” means the direction and review by the supervising physician, as determined to be appropriate by the Board, of the medical services provided by the anesthesiologist assistant. At a minimum, supervision shall mean that an anesthesiologist is readily available at the facility for consultation and intervention. (Added 2003, No. 34, § 1, eff. May 23, 2003.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 29 - Anesthesiologist Assistants › § 1652. Certification and rulemaking

§ 1652. Certification and rulemaking
The Board shall certify anesthesiologist assistants, and the Commissioner of Health shall adopt rules regarding the training, practice, supervision, qualification, scope of practice, places of practice, and protocols for anesthesiologist assistants, and patient notification and consent. (Added 2003, No. 34, § 1, eff. May 23, 2003.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 29 - Anesthesiologist Assistants › § 1653. Application

§ 1653. Application
(a) Applications for certification shall be accompanied by an application by the proposed supervising anesthesiologist that shall contain a statement that the anesthesiologist shall be responsible for all professional activities of the anesthesiologist assistant.
(b) Applications for certification shall be accompanied by a protocol signed by the proposed supervising anesthesiologist and a copy of the anesthesiologist assistant employment contract.
(c) The applicant must submit to the Board any other information the Board considers necessary to evaluate the applicant’s qualifications. (Added 2003, No. 34, § 1, eff. May 23, 2003.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 29 - Anesthesiologist Assistants › § 1654. Eligibility

§ 1654. Eligibility
To be eligible for certification as an anesthesiologist assistant, an applicant shall have:
(1) obtained a master’s degree from a board-approved anesthesiologist assistant program at an institution of higher education accredited by the Committee on Allied Health Education and Accreditation, the Commission on Accreditation of Allied Health Education Programs, or their successor agencies, or graduated from a Board-approved anesthesiologist assistant program at an institution of higher education accredited by the Committee on Allied Health Education and Accreditation or the Commission of Accreditation of Allied Health Education Programs, prior to January 1, 1984;
(2) satisfactorily completed the certification examination given by the NCCAA and be currently certified by the NCCAA; and
[Subdivision (3) effective 60 days after the adoption of board rules.]
(3) if the applicant has not engaged in practice as an anesthesiologist assistant within the last three years, complied with the requirements for updating knowledge and skills as defined by Board rules. (Added 2003, No. 34, § 1, eff. May 23, 2003; amended 2011, No. 61, § 3, eff. June 2, 2011.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 29 - Anesthesiologist Assistants › § 1655. Temporary certification

§ 1655. Temporary certification
(a) The Board may issue a temporary certification to a person who applies for certification for the first time in this State and meets the educational requirements under section 1654 of this title.
(b) Temporary certification may be issued only for the purpose of allowing an otherwise qualified applicant to practice as an anesthesiologist assistant until the applicant takes and passes the next NCCAA examination, and a determination is made of his or her qualifications to practice in this State.
(c) Temporary certification shall be issued on payment of the specified fee for a fixed period of time to be determined by the Board and shall only be renewed by the Board if the applicant demonstrates proof of an exceptional cause. (Added 2003, No. 34, § 1, eff. May 23, 2003.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 29 - Anesthesiologist Assistants › § 1656. Renewal of certification

§ 1656. Renewal of certification
(a) Certifications shall be renewed every two years. At least one month prior to the date on which renewal is required, the Board shall send to each anesthesiologist assistant a renewal application form and notice of the date on which the existing certification will expire. On or before the renewal date, the anesthesiologist assistant shall file an application for renewal, pay the required fee, and submit proof of current active NCCAA certification. The Board shall register the applicant and issue the renewal certification. Within one month following the date renewal is required, the Board shall pay the certification renewal fees into the Medical Practice Board Special Fund.
[Subsection (b) effective 60 days after the adoption of board rules.]
(b) A certification that has lapsed may be reinstated on payment of a renewal fee and a late renewal fee. The applicant shall not be required to pay back renewal fees for the periods when certification was lapsed. However, if such certification remains lapsed for a period of three years, the Board may require the applicant to update his or her knowledge and skills as defined by Board rules. (Added 2003, No. 34, § 1, eff. May 23, 2003; amended 2011, No. 61, § 3, eff. June 2, 2011.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 29 - Anesthesiologist Assistants › § 1657. Supervision and scope of practice

§ 1657. Supervision and scope of practice
(a) The number of anesthesiologist assistants permitted to practice under the direction and supervision of a physician shall be determined by the Board after review of the system of care delivery in which the supervising anesthesiologist and anesthesiologist assistants propose to practice. The authority of an anesthesiologist assistant to practice shall terminate immediately upon dissolution of the anesthesiologist assistant’s employment contract, and the supervising anesthesiologist shall immediately notify the Board and the Commissioner of the Department of Health of such termination. The anesthesiologist assistant’s authority to practice shall not resume until he or she provides proof of another employment contract and protocol as approved under this chapter.
(b) The anesthesiologist assistant’s scope of practice shall be limited to that delegated to the anesthesiologist assistant by the supervising anesthesiologist and for which the anesthesiologist assistant is qualified by education, training, and experience. At no time shall the practice of the anesthesiologist assistant exceed the normal scope of the supervising anesthesiologist’s practice. (Added 2003, No. 34, § 1, eff. May 23, 2003.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 29 - Anesthesiologist Assistants › § 1659. Disposition of complaints

§ 1659. Disposition of complaints
(a) Complaints and allegations of unprofessional conduct shall be processed in accordance with the rules of procedure of the Board.
(b) Any person, firm, corporation, or public officer may submit a written complaint to the Board alleging any anesthesiologist assistant practicing in the State is engaged in unprofessional conduct, specifying the grounds. The Board shall initiate an investigation of an anesthesiologist assistant when a complaint is received or may act on its own initiative without having received a complaint.
(c) After giving opportunity for hearing, the Board shall take disciplinary action described in subsection 1361(b) of this title against an anesthesiologist assistant or applicant found guilty of unprofessional conduct.
(d) The Board may approve a negotiated agreement between the parties when it is in the best interest of the public health, safety, or welfare to do so. That agreement 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 care or counseling;
(2) a restriction that the person practice only under supervision of a named person or a person with specified credentials;
(3) a requirement that the person participate in continuing education in order to overcome specified practical deficiencies;
(4) a requirement that the scope of practice permitted be restricted to a specified extent;
(5) an administrative penalty not to exceed $1,000.00 for each act that constitutes an unprofessional conduct violation. Any money received from the imposition of an administrative penalty imposed under this subsection shall be deposited into the Board of Medical Practice Regulatory Fee Fund and shall not be used for any other purpose other than professional regulation and other responsibilities of the Board, as determined by the Commissioner of Health.
(e) Upon application, the Board may modify the terms of an order under this section and, if certification has been revoked or suspended, order reinstatement on terms and conditions it deems proper. (Added 2003, No. 34, § 1, eff. May 23, 2003; amended 2011, No. 61, § 3, eff. June 2, 2011.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 29 - Anesthesiologist Assistants › § 1660. Use of title

§ 1660. Use of title
Any person who is certified to practice as an anesthesiologist assistant in this State shall have the right to use the title “anesthesiologist assistant” and the abbreviation “A.A.” No other person may assume that title or use that abbreviation, or any other words, letters, signs, or devices to indicate that the person using them is an anesthesiologist assistant. An anesthesiologist assistant shall not so represent himself or herself unless there is currently in existence a valid contract between the anesthesiologist assistant and his or her employer or supervising anesthesiologist, and unless the protocol under which the anesthesiologist assistant’s duties are delegated is on file with, and has been approved by, the Board. (Added 2003, No. 34, § 1, eff. May 23, 2003.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 29 - Anesthesiologist Assistants › § 1661. Legal liability

§ 1661. Legal liability
(a) The supervising anesthesiologist delegating activities to an anesthesiologist assistant shall be legally liable for such activities of the anesthesiologist assistant, and the anesthesiologist assistant shall in this relationship be the anesthesiologist’s agent.
(b) Nothing in this chapter shall be construed as prohibiting an anesthesiologist from delegating to an anesthesiologist assistant certain activities relating to medical care and treatment now being carried out by custom and usage when such activities are under the control of the anesthesiologist. Nothing contained in this chapter shall be construed to apply to nurses acting pursuant to chapter 28 of this title. (Added 2003, No. 34, § 1, eff. May 23, 2003.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 29 - Anesthesiologist Assistants › § 1662. Fees

§ 1662. Fees
Applicants and persons regulated under this chapter shall pay the following fees:
(1)(A)(i) Original application for certification, $120.00;
(ii) Each additional application, $55.00;
(B) The Board shall use at least $10.00 of these fees to support the cost of maintaining the Vermont Practitioner Recovery Network, which, for the protection of the public, monitors and evaluates, coordinates services for, and promotes rehabilitation of licensees who have or potentially have an impaired ability to practice medicine with reasonable skill and safety.
(2)(A)(i) Biennial renewal, $120.00;
(ii) Each additional renewal, $55.00;
(B)(i) The Board shall use at least $10.00 of these fees to support the cost of maintaining the Vermont Practitioner Recovery Network, which, for the protection of the public, monitors and evaluates, coordinates services for, and promotes rehabilitation of licensees who have or potentially have an impaired ability to practice medicine with reasonable skill and safety.
(ii) In addition to the fee, an applicant for certification renewal shall submit evidence in a manner acceptable to the Board that he or she continues to meet the certification requirements of the NCCAA.
(3) Transfer of certification, $20.00. (Added 2003, No. 34, § 1, eff. May 23, 2003; amended 2003, No. 163 (Adj. Sess.), § 5; 2007, No. 76, § 19; 2011, No. 61, § 3, eff. June 2, 2011; 2015, No. 57, § 14; 2017, No. 39, § 4.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 29 - Anesthesiologist Assistants › § 1663. Notice of use of anesthesiologist assistants

§ 1663. Notice of use of anesthesiologist assistants
An anesthesiologist that utilizes the services of an anesthesiologist assistant shall post a notice to that effect in an appropriate place and include language in the patient consent form that the anesthesiologist uses an anesthesiologist assistant. (Added 2003, No. 34, § 1, eff. May 23, 2003.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 29 - Anesthesiologist Assistants › § 1664. Penalty

§ 1664. Penalty
(a) A person who, not being certified, holds himself or herself out to the public as being certified under this chapter shall be liable for a fine of not more than $10,000.00.
(b) In addition to the penalty provided in subsection (a) of this section, the Attorney General or a State’s Attorney may bring a civil action to restrain continuing violations of this section. (Added 2003, No. 34, § 1, eff. May 23, 2003; amended 2011, No. 61, § 3, eff. June 2, 2011.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 30 - Optometry › § 1701. Legislative findings

§ 1701. Legislative findings
The Legislature finds and declares that the public health, safety, and welfare of the State of Vermont requires the exercise of the authority of this State to safeguard the people of Vermont and further that the right to practice optometry is a privilege conferred by legislative grant to persons possessed of personal and professional qualifications. (Added 1979, No. 158 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 30 - Optometry › § 1703. Definitions

§ 1703. Definitions
As used in this chapter:
(1) “Board” means the State Board of Optometry.
(2) The “practice of optometry” means any one or combination of the following practices:
(A) Examining the human eyes and visual system for purposes of:
(i) diagnosing refractive and functional ability; or
(ii) diagnosing the presence of eye and adnexa disease or injury, treating the disease or injury with the appropriate pharmaceutical agents and procedures in accordance with this chapter, and making referrals to the appropriate health care provider when warranted.
(B) Diagnosing and correcting anomalies of the refractive and functional ability of the visual system and the enhancement of visual performance including the following:
(i) prescribing and using ophthalmic lenses, prisms, autorefractor or other automatic testing devices, frames, ophthalmic aids, and prosthetic materials as consistent with the health of the eye;
(ii) prescribing and employing contact lenses; and
(iii) administering visual training, vision therapy, orthoptics, and pleoptics.
(C) Prescribing appropriate pharmaceutical agents for the diagnosis, management, and treatment of the eye and adnexa.
(D) Removing superficial foreign bodies from the eye and adnexa; epilating the eyelashes, including by electrolysis; and punctal dilation, lacrimal irrigation, and punctal plugs insertion.
(E) Managing the following types of glaucoma in patients who are 16 years of age or older:
(i) adult primary open angle glaucoma;
(ii) exfoliative glaucoma;
(iii) pigmentary glaucoma;
(iv) low tension glaucoma;
(v) inflammatory (uveitic) glaucoma; and
(vi) emergency treatment of angle closure glaucoma.
(3) “Director” means the Director of the Office of Professional Regulation.
(4) “Financial interest” means being:
(A) a licensed practitioner of optometry; or
(B) a person who deals in goods and services that are uniquely related to the practice of optometry; or
(C) a person who has invested anything of value in a business that provides optometric services.
(5) “Contact lenses” means those lenses that are worn for cosmetic, therapeutic, or refractive purposes. (Added 1979, No. 158 (Adj. Sess.), § 1; amended 1983, No. 242 (Adj. Sess.), § 1; 2003, No. 108 (Adj. Sess.), § 1; 2009, No. 35, § 27; 2009, No. 103 (Adj. Sess.), § 11; 2011, No. 116 (Adj. Sess.), § 23; 2019, No. 30, § 12.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 30 - Optometry › § 1704. Penalties

§ 1704. Penalties
A person who obtains a license by fraud or misrepresentation or who practices or attempts to practice optometry or hold himself or herself out as being able to do so in this State without first having obtained the license required by this chapter shall be subject to the penalties provided in 3 V.S.A. § 127. (Added 1979, No. 158 (Adj. Sess.), § 1; amended 2007, No. 29, § 29; 2019, No. 30, § 12.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 30 - Optometry › § 1707. Qualifications; term of office; removal

§ 1707. Qualifications; term of office; removal
(a) The State Board of Optometry is created.
(b) The Board shall consist of five members, three of whom shall be residents of the State who have had at least five years’ experience in the practice of optometry in the State and are in the active practice of optometry at the time of their appointment; and two members who shall be representatives of the public, who shall be residents of the State for five years, and who shall have no financial interest in the profession other than as a consumer or potential consumer of its services.
(c) Board members shall be appointed by the Governor pursuant to 3 V.S.A. §§ 129b and 2004.
(d) [Repealed.] (Added 1979, No. 158 (Adj. Sess.), § 1; amended 2005, No. 27, § 46; 2019, No. 30, § 12.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 30 - Optometry › § 1708. Powers and duties

§ 1708. Powers and duties
(a) The Board shall:
(1) Adopt rules under the Vermont Administrative Procedure Act necessary for the performance of its duties, ensuring that at least the following are established by statute or rule:
(A) a definition of the behavior for which a license is required;
(B) explanations of appeal and other significant rights given by law to licensees, applicants, and the public; and
(C) standards for acceptance of continuing education, which may identify mandatory content specific to pharmacology, and management of adverse drug reactions.
(b) [Repealed.]
(c) The Board shall not limit the:
(1) ownership of optometric practices to licensed optometrists;
(2) number of offices or sites at which an optometrist may practice; or
(3) right of optometrists to practice in an association, partnership, corporation, or other lawful entity with anyone. (Added 1979, No. 158 (Adj. Sess.), § 1; amended 1983, No. 242 (Adj. Sess.), § 2; 1989, No. 250 (Adj. Sess.), § 4(d); 2009, No. 35, § 28; 2019, No. 30, § 12.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 30 - Optometry › § 1709. Functioning of Board of Optometry

§ 1709. Functioning of Board of Optometry
(a) Annually, the Board shall meet to elect a chair, vice chair, and a secretary.
(b) Meetings may be called by the Chair and shall be called upon the request of any other two members.
(c) Meetings shall be warned and conducted in accordance with 1 V.S.A. chapter 5.
(d) A majority of the members of a Board shall constitute a quorum for transacting business, and all action shall be taken upon a majority vote of the members present and voting.
(e) [Repealed.]
(f) [Repealed.] (Added 1979, No. 158 (Adj. Sess.), § 1; amended 2005, No. 27, § 47; 2009, No. 35, § 41.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 30 - Optometry › § 1712. License required

§ 1712. License required
(a) No person may practice optometry in this State who is not licensed under this chapter.
(b) Licensing standards and procedures established by the Board shall be fair and reasonable and shall be designed and implemented to measure and reasonably ensure an applicant’s qualifications to practice the occupation. They shall not be designed or implemented for the purpose of limiting the size of the occupation.
(c) If a licensee has a principal place of business for a licensed occupation, a license shall be prominently displayed at that place.
(d) Licenses may not be transferred.
(e) No persons may use the title “doctor of optometry,” “optometrist,” or any substantially equivalent title unless he or she is licensed under this chapter.
(f) Nothing contained in subsection (a) of this section shall prevent a student from providing optometric services:
(1) under the on-site supervision of a licensed optometrist or ophthalmologist at a State hospital;
(2) as part of an optometric clinical program under the on-site supervision of a licensed optometry instructor of a school of optometry, a college, or an optometry department of a university recognized by the Board; or
(3) as a student intern in a hospital under the on-site supervision of a licensed optometrist or ophthalmologist. (Added 1979, No. 158 (Adj. Sess.), § 1; amended 1991, No. 167 (Adj. Sess.), § 34a; 2005, No. 148 (Adj. Sess.), § 14.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 30 - Optometry › § 1713. Exemptions

§ 1713. Exemptions
(a) Nothing in this chapter shall be construed to prohibit other licensed health care professionals from practicing to the full extent of their licenses, nor to apply to any eye screening, State or government eye testing programs, nor to any instruction in any medical, osteopathic, or nursing school.
(b) Nothing in this chapter shall prohibit persons or corporations from making mechanical repairs to spectacles, nor shall it prohibit any person, firm, or corporation engaged in grinding lenses and filling prescriptions from replacing lenses or filling prescriptions issued by a duly licensed optometrist or physician. (Added 1979, No. 158 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 30 - Optometry › § 1715. Licensure by examination

§ 1715. Licensure by examination
(a) The Board may grant a license to an applicant who:
(1) has attained the age of majority;
(2) is a graduate of an optometric school or college accredited by a regional or professional accreditation organization approved by the Board;
(3) holds a current cardiopulmonary resuscitation certification from the American Red Cross, the Vermont Heart Association, or a comparable source recognized by the Director;
(4) has successfully completed an examination approved by the Board; and
(5) has paid the fee required by section 1718 of this chapter.
(b) [Repealed.] (Added 1979, No. 158 (Adj. Sess.), § 1; amended 1983, No. 242 (Adj. Sess.), § 4; 2009, No. 35, § 29; 2019, No. 30, § 12.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 30 - Optometry › § 1716. Licensure by endorsement

§ 1716. Licensure by endorsement
The Board may issue a license to an applicant who is licensed and currently in good standing in a United States jurisdiction having license requirements that are substantially equivalent to the requirements of this chapter. (Added 1979, No. 158 (Adj. Sess.), § 1; amended 1997, No. 40, § 23; 2009, No. 35, § 30.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 30 - Optometry › § 1716a. Renewal

§ 1716a. Renewal
Licenses shall be renewed every two years upon payment of the required fee, provided that the person applying for renewal completes at least 40 hours of continuing education, approved by the Board, during the preceding two-year period and holds a current cardiopulmonary resuscitation certification. (Added 1987, No. 236 (Adj. Sess.), § 2; amended 1993, No. 216 (Adj. Sess.), § 1; 2009, No. 35, § 31; 2019, No. 30, § 12.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 30 - Optometry › § 1718. Fees

§ 1718. Fees
Applicants and persons regulated under this chapter shall pay the following fees:
(1) Application $325.00
(2) Biennial renewal $395.00 (Added 1979, No. 158 (Adj. Sess.), § 1; amended 1983, No. 242 (Adj. Sess.), § 6; 1989, No. 250 (Adj. Sess.), § 46; 1997, No. 59, § 56, eff. June 30, 1997; 2005, No. 202 (Adj. Sess.), § 15; 2013, No. 191 (Adj. Sess.), § 17; 2019, No. 178 (Adj. Sess.), § 9, eff. Oct. 1, 2020; 2023, No. 77, § 28, eff. June 20, 2023.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 30 - Optometry › § 1719. Unprofessional conduct

§ 1719. Unprofessional conduct
(a) Unprofessional conduct is the conduct prohibited by this section and by 3 V.S.A. § 129a, whether committed by a licensee, an applicant, or a person who later becomes an applicant.
(b) Unprofessional conduct means:
(1) Conduct that evidences moral unfitness to practice the occupation.
(2) Any of the following except when reasonably undertaken in an emergency situation in order to protect life, health, or property:
(A) Practicing or offering to practice beyond the scope permitted by law.
(B) Performing treatments or providing services that a licensee is not qualified to perform or that are beyond the scope of the licensee’s education, training, capabilities, experience, or scope of practice.
(C) Performing occupational services that have not been authorized by the consumer or his or her legal representative.
(3) Any of the following with regard to the buyer's prescription or purchase of ophthalmic goods:
(A) [Repealed.]
(B) Conditioning the availability of an eye examination to any person on a requirement that person agree to purchase any ophthalmic goods from the optometrists.
(C) Charging the buyer any fee in addition to the optometrist's examination fee as a condition to releasing the prescription to the buyer. Provided, an optometrist may charge an additional fee for verifying ophthalmic goods dispensed by another seller when the additional fee is imposed at the time the verification is performed.
(D) Placing on the prescription or requiring the buyer to sign, or delivering to the buyer a form or notice waiving or disclaiming the liability or responsibility of the optometrist for the accuracy of the eye examination or the accuracy of the prescription for ophthalmic goods or services to be dispensed by another seller.
(E) Failure to comply with prescription-released requirements established in the Federal Ophthalmic Practice Rule (16 C.F.R. Part 456) or the Fairness to Contact Lens Consumers Act (15 U.S.C.A. § 7601-7610).
(c) After hearing, the Board may take disciplinary action against a licensee or applicant found guilty of unprofessional conduct. (Added 1979, No. 158 (Adj. Sess.), § 1; amended 1983, No. 242 (Adj. Sess.), §§ 7-9; 1993, No. 108 (Adj. Sess.), § 8; 1997, No. 145 (Adj. Sess.), § 41; 2003, No. 108 (Adj. Sess.), § 2; 2009, No. 103 (Adj. Sess.), § 12; 2011, No. 116 (Adj. Sess.), § 24; 2019, No. 30, § 12.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 30 - Optometry › § 1727. Expiration date

§ 1727. Expiration date
(a) An optometrist shall state the expiration date on the face of every prescription written by that optometrist for contact lenses. The expiration date shall be one year after the examination date unless a medical or refractive problem affecting vision requires an earlier expiration date.
(b) An optometrist shall not refuse to give the buyer a copy of the buyer’s prescription after the expiration date; however, the copy shall be clearly marked to indicate that it is an expired prescription. (Added 1993, No. 108 (Adj. Sess.), § 9; amended 2011, No. 116 (Adj. Sess.), § 25; 2019, No. 30, § 12.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 30 - Optometry › § 1728. Use of therapeutic pharmaceutical agents

§ 1728. Use of therapeutic pharmaceutical agents
(a)(1) A licensee who employs an oral therapeutic pharmaceutical agent that might prove to have significant systemic adverse reactions or systemic side effects shall, in a manner consistent with Vermont law, ascertain the risk of systemic side effects through either a case history or by communicating with the patient’s primary care provider.
(2) The licensee shall also communicate with the patient’s primary care provider, or with a physician skilled in diseases of the eye, when, in the professional judgment of the licensee, it is medically appropriate.
(3) Any communication shall be noted in the patient’s permanent record. The methodology of communication shall be determined by the licensee.
(b)(1) If a glaucoma patient does not respond to up to three topically administered pharmaceutical agents within a reasonable time, the licensee shall refer the patient to a licensed ophthalmologist.
(2) A glaucoma patient shall not be treated by an optometrist with more than three topically administered agents at any given time.
(3) If an oral medication is required to obtain an adequate clinical response in a glaucoma patient, the licensee shall consult with a licensed ophthalmologist as soon as clinically prudent following initiation of the oral medication.
(4) This subsection shall not require that the licensee transfer care of the patient to the consulting ophthalmologist, but does require that the patient be seen by the consulting ophthalmologist. (Added 1993, No. 216 (Adj. Sess.), § 3; amended 2003, No. 108 (Adj. Sess.), § 5; 2009, No. 103 (Adj. Sess.), § 13; 2019, No. 30, § 12.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 31 - Physician Assistants › § 1731. Policy and purpose

§ 1731. Policy and purpose
The General Assembly recognizes the need to provide means by which physician assistants may practice medicine in collaboration with physicians and other health care professionals to provide increased efficiency and to ensure that high-quality medical services are available to all Vermonters at reasonable cost. The General Assembly recognizes that physician assistants, with their education, training, and experience in the field of medicine, are well suited to provide these services to Vermonters. (Added 1981, No. 100, § 1; amended 1985, No. 208 (Adj. Sess.), § 1, eff. June 30, 1986; 2019, No. 123 (Adj. Sess.), § 1.)