reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 91 - Respiratory Care › § 4711. Temporary licensure for student respiratory therapists

§ 4711. Temporary licensure for student respiratory therapists
(a) Respiratory care services may be performed without a license by a student currently enrolled in a respiratory care educational program when these services are incidental to the clinical aspect of a student’s course of study.
(b) A student enrolled in a respiratory care educational program who is employed in an organized health care system shall apply for a temporary student license from the Director prior to performing respiratory care services. Students who have obtained a temporary license may render respiratory care services only under the direct supervision of a licensed respiratory care practitioner for a limited period of time and under conditions specified by the Director by rule. The scope of practice of the student respiratory therapist is limited to those activities for which there is documented evidence of competency. (Added 2003, No. 139 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 91 - Respiratory Care › § 4713. Renewals; continuing education

§ 4713. Renewals; continuing education
(a) Licenses shall be renewed every two years upon payment of the required fee, provided the person applying for renewal completes at least 12 hours of continuing education requirements, approved by the Director, during the preceding two-year period.
(b) The Director, with the advice of the advisor appointees, shall establish, by rule, guidelines and criteria for continuing education credit.
(c) Biennially, the Director shall forward a renewal form to each licensee. Upon receipt of the completed form, renewal fee, and evidence of eligibility, the Director shall issue a new license.
(d) 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.
(e) If a respiratory care practitioner’s license has lapsed for more than five consecutive years, that person shall pay all applicable renewal and reinstatement fees and shall demonstrate competence to the Director’s satisfaction by one or more of the following, as determined by the Director:
(1) documenting licensed practice in another state;
(2) completing a remedial course;
(3) completing continuing education requirements; or
(4) passing an examination approved by the Director. (Added 2003, No. 139 (Adj. Sess.), § 2; amended 2005, No. 27, § 115; 2007, No. 163 (Adj. Sess.), § 44.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 91 - Respiratory Care › § 4714. Unprofessional conduct

§ 4714. Unprofessional conduct
(a) A person licensed under this chapter or a person applying for a license shall not engage in unprofessional conduct.
(b) Unprofessional conduct means the following conduct in addition to the conduct set forth in 3 V.S.A.§ 129a:
(1) Failure to keep written respiratory care records justifying a course of treatment for a patient, including patient history, examination results, and test results.
(2) Performing professional services that have not been authorized by the patient or his or her legal representative.
(3) Performing any procedure or prescribing any therapy that, by the prevailing standards of respiratory care practice, would constitute experimentation on a human subject without first obtaining full, informed written consent.
(4) Sexual harassment of a patient.
(5) Engaging in a sexual act as defined in 13 V.S.A. § 3251 with a patient under the care of the person licensed under this chapter.
(c) In connection with a disciplinary action, the Office of Professional Regulation may refuse to accept the return of a license tendered by the subject of a disciplinary investigation.
(d) 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.
(e) After hearing and upon a finding of unprofessional conduct or upon approval of a negotiated agreement, an administrative law officer may take disciplinary action against the licensee or applicant. That action may include any of the following conditions or restrictions, which may be in addition to or in lieu of a warning, reprimand, administrative penalty, suspension, or revocation:
(1) A requirement that the person submit to care or counseling.
(2) A restriction that a licensee practice only under supervision of a named individual or an individual with specified credentials.
(3) A requirement that a licensee participate in continuing education as directed by the administrative law officer in order to overcome specified deficiencies.
(4) A requirement that the licensee’s scope of practice be restricted to a specified extent.
(f) The administrative law officer may reinstate a revoked license on terms and conditions he or she deems proper. (Added 2003, No. 139 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 93 - Motor Vehicle Racing › § 4801. Definitions

§ 4801. Definitions
As used in this chapter:
(1) “Director” means the Director of the Office of Professional Regulation.
(2) “Disciplinary action” means an action by an administrative law officer appointed under 3 V.S.A. § 129 premised upon a finding of wrongdoing. It also means a sanction of any kind, including denying, suspending, or revoking a permit or license, issuing warnings, and other sanctions.
(3) “Motor vehicle” means a land vehicle propelled or drawn by power other than muscular power, including an automobile; midget, sprint, or stock car; go-cart; all-terrain vehicle; motorcycle; and snowmobile.
(4) “Municipality” means a town, city, or village.
(5) “Office” means the Office of Professional Regulation.
(6) “Permittee” means the permit holder.
(7) “Race” means a race, scramble, demolition derby, or contest involving a motor vehicle as defined in this section at which prizes or other consideration is awarded to participants or admission is charged to spectators. However, this subdivision shall not apply to sports car events as defined in subdivision (11) of this section.
(8) “Regulation,” unless otherwise specified, means a regulation or rule or amendment, revision, or repeal of a regulation or rule adopted by the Director.
(9) “Scramble” means a motorcycle race on a prescribed course over rugged terrain, usually a half-mile or more in length.
(10) “Selectboard” includes the mayor and board of aldermen or city council of a city, or the trustees of a village.
(11) A “sports car event” is an event in which one motor vehicle at a time competes over a defined course against a set standard and includes standards as to time, distance, and performance, including rallies, gymkhanas, autocrosses, hill climbs, and performance trials. (Added 2005, No. 27, § 116; 2019, No. 178 (Adj. Sess.), § 25, eff. Oct. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 93 - Motor Vehicle Racing › § 4802. Permit required

§ 4802. Permit required
(a) No person shall conduct or hold any race, without first acquiring a permit from the Director and from the selectboard of the municipality where the race is to be held. Permits duly signed and certified to by the selectboard and Director shall be filed with the clerk in the municipality where the race is to be held.
(b) A person violating any of the provisions of subsection (a) of this section shall be subject to the penalties provided in 3 V.S.A. § 127(c). (Added 2005, No. 27, § 116; amended 2007, No. 29, § 75.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 93 - Motor Vehicle Racing › § 4803. Director; duties

§ 4803. Director; duties
(a) The Director shall:
(1) Provide general information to applicants for racing permits.
(2) Explain appeal procedures to permittees and applicants and complaint procedures to the public.
(3) Administer fees as established by law.
(4) Receive applications for permits, administer inspections of tracks, provide permits to applicants qualified under this chapter, and renew, revoke, and reinstate permits 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 and shall establish safety standards for protection of the public pursuant to the provisions of this chapter. The Director shall seek the advice of the advisor appointees in drafting and adopting those rules. (Added 2005, No. 27, § 116.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 93 - Motor Vehicle Racing › § 4804. Advisor appointees

§ 4804. Advisor appointees
(a) The Secretary of State shall appoint three advisors for five-year terms to serve at the Secretary’s pleasure in matters relating to motor vehicle racing.
(b) The Director shall seek the advice of the advisors in carrying out the provisions of this chapter. (Added 2005, No. 27, § 116.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 93 - Motor Vehicle Racing › § 4805. Contents and conditions of permits

§ 4805. Contents and conditions of permits
A separate permit shall be required for each location of a race. Each application shall be submitted in writing on a form furnished by the Director, accompanied by payment of a fee required by this chapter, prior to a race or scramble. The application shall include: the name and address of the permittee; a description of the location where the race is to be held; the days and hours on which the race is to be held; details of the way in which the safety standards set out in section 4811 of this title and in rule are to be implemented; the number of spectators anticipated; the service and accommodations to be provided by the permittee during the race; and other information as may be required by the Director. A permittee shall only be authorized to hold the type of race for which the permittee’s specific tracks and locations have been inspected and approved. (Added 2005, No. 27, § 116; amended 2005, No. 148 (Adj. Sess.), § 51.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 93 - Motor Vehicle Racing › § 4806. Fees; dispositions

§ 4806. Fees; dispositions
(a) Notwithstanding the fee provisions of 3 V.S.A. § 125, applicants and persons regulated under this chapter shall pay the following fees:
(1) Annual event permit applications:
(b) A municipality where a race is to be held may charge an additional fee, not to exceed the municipality’s costs associated with the race.
(c) A single event permit shall authorize any number of events within a 10-day period in the same location and on the same racing track. An annual-event permit shall authorize any number of events within two 10-day periods in consecutive years and may be renewed every two years.
(d) Notwithstanding the provisions of subdivision (a)(3)(B) of this section, a person in good standing incorporated or authorized to transact business as a nonprofit corporation under Title 11B shall pay a fee of $100.00 for a single-event snowmobile racing permit. (Added 2005, No. 27, § 116; amended 2009, No. 103 (Adj. Sess.), § 52; 2011, No. 128 (Adj. Sess.), § 2a.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 93 - Motor Vehicle Racing › § 4807. Renewals

§ 4807. Renewals
(a) Permits shall be renewed every two years upon payment of the required fee.
(b) Biennially, the Director shall forward a renewal form to each permit holder. Upon receipt of the completed form and the renewal fee, the Director shall issue a new permit.
(c) Any application for renewal of a permit that has expired shall be accompanied by the renewal fee and late renewal penalty. A person shall not be required to pay renewal fees for years during which the permit was lapsed. (Added 2005, No. 27, § 116.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 93 - Motor Vehicle Racing › § 4808. Proof of insurance required

§ 4808. Proof of insurance required
Permittees shall file with the Director and the clerk of the municipality issuing a permit a liability insurance certificate showing a current policy covering bodily injury with limits of not less than $500,000.00 per individual and $2 million per event and property damage with limits of not less than $2 million. (Added 2005, No. 27, § 116.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 93 - Motor Vehicle Racing › § 4809. Regulations under which a race may be conducted

§ 4809. Regulations under which a race may be conducted
The Director shall adopt and publish, and from time to time may alter, amend, or repeal, safety rules pertaining to racing and track standards. The safety standards set forth in section 4811 of this title shall be minimum standards only, and the Director may prescribe additional or more stringent safety rules as circumstances may require. (Added 2005, No. 27, § 116.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 93 - Motor Vehicle Racing › § 4810. Inspection and suspension

§ 4810. Inspection and suspension
The Director or his or her designees may inspect race facilities before or during any race and may suspend a permit immediately for failure to comply with this chapter or with any administrative rule or any of the conditions under which the permit was issued. (Added 2005, No. 27, § 116.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 93 - Motor Vehicle Racing › § 4811. Safety standards

§ 4811. Safety standards
Minimum safety standards for the conduct of any race covered by this chapter are established as follows:
(1) Each race track shall have a substantial fence of steel wire or plank construction or other barrier not less than three feet high between the track and area designated for spectators. A grandstand may be constructed or spectators allowed on a curved side of a track if the barrier requirements for a straightaway, as provided by rule adopted pursuant to section 4809 of this title, are met. For motorcycle, ATV, or snowmobile racing, each track shall have a snow fence or other suitable barrier not less than four feet high between the track and the area designated for spectators. The outside portion of all tracks shall be a reasonable distance from the spectators.
(2) Each racing promoter or permittee shall provide proper police protection, fire protection, and medical aid and enforce sanitary and health measures at all times.
(3) Any driver shall have a legal operator’s license. Any driver under the age of majority shall have the written consent of a parent or guardian. A person under 10 years of age shall not be allowed in the pit area.
(4) No operator suspected of being in violation of 23 V.S.A. § 1201 shall be permitted to drive in.
(5) The enforcement of all track safety standards shall be under the jurisdiction of the Director and the Department of Public Safety and the cost of enforcement shall be paid by the permittee.
(6) Any rules adopted by the Director or permittee for the protection of life, health, and property shall be posted in a conspicuous place at all times. (Added 2005, No. 27, § 116; amended 2013, No. 138 (Adj. Sess.), § 50a; 2023, No. 69, § 19, eff. June 14, 2023.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 93 - Motor Vehicle Racing › § 4812. Police protection

§ 4812. Police protection
Adequate police protection within the grounds and the vicinity of a race and the adjacent public highways shall be provided by the permittee as required by the Director. Expenses for police protection shall be borne by the permittee, and no funds shall be expended from the appropriation of the Department of Public Safety for that protection. (Added 2005, No. 27, § 116.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 93 - Motor Vehicle Racing › § 4813. Unprofessional conduct

§ 4813. Unprofessional conduct
(a) A permittee shall not engage in unprofessional conduct. When unprofessional conduct is committed by an applicant, it may be grounds for denial of the application or other disciplinary action.
(b) Unprofessional conduct means a failure to comply with the provisions of this chapter, the safety standards set forth by administrative rule, or the conduct set forth in 3 V.S.A. § 129a.
(c) After notice and an opportunity for hearing, and upon a finding of unprofessional conduct, an administrative law officer may take disciplinary action against a permittee or applicant. (Added 2005, No. 27, § 116.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 95 - Applied Behavior Analysis › § 4901. Purpose and effect

§ 4901. Purpose and effect
In order to safeguard the life and health of the people of this State, a person shall not hold himself or herself out as practicing, practice, or offer to practice, as an applied behavior analyst or an assistant behavior analyst unless currently licensed under this chapter. (Added 2015, No. 38, § 46, eff. July 1, 2016.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 95 - Applied Behavior Analysis › § 4902. Definitions

§ 4902. Definitions
As used in this chapter:
(1) “Applied behavior analyst” means a person who is licensed under this chapter to engage in the practice of applied behavior analysis.
(2) “Assistant behavior analyst” means a person who is licensed under this chapter to engage in the practice of applied behavior analysis under the supervision of an applied behavior analyst.
(3) “Director” means the Director of the Office of Professional Regulation.
(4) “License” means a current authorization granted by the Director permitting the practice of applied behavior analysis.
(5) “Practice of applied behavior analysis” means the design, implementation, and evaluation of systematic instructional and environmental modifications for the purpose of producing socially significant improvements in and understanding of behavior based on the principles of behavior identified through the experimental analysis of behavior.
(A) It includes the identification of functional relationships between behavior and environments.
(B) It uses direct observation and measurement of behavior and environment. Contextual factors, establishing operations, antecedent stimuli, positive reinforcers, and other consequences are used, based on identified functional relationships with the environment, in order to produce practical behavior change. (Added 2015, No. 38, § 46, eff. July 1, 2016; amended 2015, No. 97 (Adj. Sess.), § 86.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 95 - Applied Behavior Analysis › § 4903. Prohibitions; offenses

§ 4903. Prohibitions; offenses
(a) It shall be a violation of this chapter for any person, including any corporation, association, or individual, to:
(1) sell or fraudulently obtain or furnish any applied behavior analysis degree, diploma, certificate of registration, license, or any other related document or record or to aid or abet another person to do so;
(2) practice applied behavior analysis under cover of any degree, diploma, registration, license, or related document or record illegally or fraudulently obtained or signed or issued unlawfully or under fraudulent representation;
(3) practice applied behavior analysis unless currently licensed or otherwise authorized to do so under the provisions of this chapter;
(4) represent himself or herself as being licensed or otherwise authorized by this State to practice applied behavior analysis or use in connection with a name any words, letters, signs, or figures that imply that a person is an applied behavior analyst or assistant behavior analyst when not licensed or otherwise authorized under this chapter;
(5) practice applied behavior analysis during the time a license or authorization issued under this chapter is suspended or revoked; or
(6) employ an unlicensed or unauthorized person to practice as an applied behavior analyst or assistant behavior analyst.
(b) Any person violating this section shall be subject to the penalties provided in 3 V.S.A. § 127. (Added 2015, No. 38, § 46, eff. July 1, 2016.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 95 - Applied Behavior Analysis › § 4904. Exceptions

§ 4904. Exceptions
This chapter does not prohibit:
(1) The practice of a person who is not licensed under this chapter, who does not use the term “behavior analysis” or similar descriptors suggesting licensure under this chapter, and who is engaged in the course of his or her customary duties:
(A) in the practice of a religious ministry;
(B) in employment or rehabilitation counseling;
(C) as an employee of or under contract with the Agency of Human Services;
(D) as a mediator;
(E) in an official evaluation for court purposes;
(F) as a member of a self-help group, such as Alcoholics Anonymous, peer counseling, or domestic violence groups, whether or not for consideration;
(G) as a respite caregiver, foster care worker, or hospice worker; or
(H) incident to the practice of any other legally recognized profession or occupation.
(2) A person engaged or acting in the discharge of his or her duties as a student of applied behavior analysis or preparing for the practice of applied behavior analysis, provided that the person’s title indicates his or her training status and that the preparation occurs under the supervision of an applied behavior analyst in a recognized training institution or facility.
(3) A behavior interventionist or paraprofessional, employed by a school, from working under the close direction of a supervisor licensed under this chapter, in relation to the direct implementation of skill-acquisition and behavior-modification plans developed by the supervisor or in relation to data collection or assessment designed by the supervisor, provided the supervisor retains ultimate responsibility for delegating professional responsibilities in a manner consistent with 3 V.S.A. § 129a(a)(6). (Added 2015, No. 38, § 46, eff. July 1, 2016.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 95 - Applied Behavior Analysis › § 4911. Duties of the Director

§ 4911. Duties of the Director
(a) The Director shall:
(1) provide general information to applicants for licensure under this chapter;
(2) receive applications for licensure and provide licenses to applicants qualified under this chapter;
(3) administer fees as established by law;
(4) refer all disciplinary matters to an administrative law officer;
(5) renew, revoke, and reinstate licenses as ordered by an administrative law officer; and
(6) explain appeal procedures to persons licensed under this chapter and to applicants and complaint procedures to the public.
(b) The Director may adopt rules necessary to perform his or her duties under this section. (Added 2015, No. 38, § 46, eff. July 1, 2016.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 95 - Applied Behavior Analysis › § 4912. Advisor appointees

§ 4912. Advisor appointees
(a) The Secretary of State shall appoint three persons in accordance with 3 V.S.A. § 129b for three-year staggered terms to serve at the Secretary’s pleasure as advisors in matters relating to applied behavior analysis. One of the initial appointments shall be for less than a three-year term.
(1) Two of these appointees shall be applied behavior analysts.
(A) An applied behavior analyst advisor appointee shall have not less than three years’ experience as an applied behavior analyst immediately preceding appointment, shall be licensed as an applied behavior analyst in Vermont, and shall be actively engaged in the practice of applied behavior analysis in this State during incumbency.
(B) Not more than one of these appointees may be employed by a designated agency. As used in this subdivision, “designated agency” shall have the same meaning as in 18 V.S.A. § 7252.
(2) One of these appointees shall be the parent of an individual with autism or a developmental disorder who is a recipient of applied behavior analysis services. This appointee shall not have a child or other family member who is receiving applied behavior analysis services from one of the advisor appointees appointed under subdivision (1) of this subsection.
(b) The Director shall seek the advice of the advisor appointees in carrying out the provisions of this chapter. (Added 2015, No. 38, § 46, eff. July 1, 2016.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 95 - Applied Behavior Analysis › § 4921. Eligibility for licensure by examination as an applied behavior analyst

§ 4921. Eligibility for licensure by examination as an applied behavior analyst
To be eligible for licensure as an applied behavior analyst, an applicant shall:
(1) Obtain a doctoral or master’s degree from a recognized educational program accredited by the Association for Behavior Analysis International Accreditation Board, or from a program at a recognized educational institution that is approved by the Director and that substantially meets the educational standards of the Association for Behavior Analysis International Accreditation Board or the Behavior Analysis Certification Board. Any program shall include an approved course sequence of the Behavior Analyst Certification Board.
(2) Successfully complete an approved practicum or supervised experience in the practice of applied behavior analysis, totaling at least 1,500 hours over a period of not less than one calendar year, of which at least 75 hours are in direct one-to-one contact with a supervisor.
(3) Successfully complete, as defined by the Director, a nationally recognized examination adopted from the Behavior Analyst Certification Board and approved by the Director, related to the principles and practice of applied behavior analysis. This subdivision (3) shall not be construed to require the Director to develop or administer any examination. (Added 2015, No. 38, § 46, eff. July 1, 2016.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 95 - Applied Behavior Analysis › § 4922. Eligibility for licensure by examination as an assistant behavior analyst

§ 4922. Eligibility for licensure by examination as an assistant behavior analyst
To be eligible for licensure as an assistant behavior analyst, an applicant shall:
(1) Obtain a bachelor’s degree from a program at a recognized educational institution that is approved by the Director and that substantially meets the educational standards of the Association for Behavior Analysis International Accreditation Board or the Behavior Analysis Certification Board. Any program shall include an approved course sequence of the Behavior Analyst Certification Board.
(2) Successfully complete an approved practicum or supervised experience in the practice of applied behavior analysis, totaling at least 1,000 hours over a period of not less than one calendar year, of which at least 50 hours are in direct one-to-one contact with a supervisor.
(3) Successfully complete, as defined by the Director, a nationally recognized examination adopted from the Behavior Analyst Certification Board and approved by the Director, related to the principles and practice of applied behavior analysis. This subdivision (3) shall not be construed to require the Director to develop or administer any examination. (Added 2015, No. 38, § 46, eff. July 1, 2016.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 95 - Applied Behavior Analysis › § 4923. Licensure by endorsement

§ 4923. Licensure by endorsement
A person may be licensed under this chapter if he or she:
(1)(A) possesses a valid registration or license to engage in the practice of applied behavior analysis issued by the appropriate regulatory authority of a state, territory, or possession of the United States, or the District of Columbia, based on requirements and qualifications shown by the application to be equal to or greater than the requirements of this chapter; or
(B) is certified as a board certified behavior analyst by the Behavior Analyst Certification Board; and
(2) meets any active practice requirements established by the Director by rule. (Added 2015, No. 38, § 46, eff. July 1, 2016.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 95 - Applied Behavior Analysis › § 4924. Issuance of licenses

§ 4924. Issuance of licenses
The Director shall issue a license, upon payment of the fees prescribed in this chapter, to any applicant who has satisfactorily met all the requirements of this chapter. (Added 2015, No. 38, § 46, eff. July 1, 2016.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 95 - Applied Behavior Analysis › § 4925. Renewals

§ 4925. Renewals
(a) Licenses shall be renewed every two years, on a schedule determined by the Director, upon payment of the renewal fee.
(b) Biennially, the Director shall provide notice to each licensee of license expiration and renewal requirements. Upon receipt of a complete and satisfactory renewal application and fee, the Director shall issue a new license.
(c) As a condition of renewal, the Director may by rule require that a licensee establish that the licensee has completed continuing education.
(1) The Director may accept proof of current certification from the Behavior Analyst Certification Board as evidence of continuing competency if the Director finds that the maintenance of such certification implies appropriate continuing education consistent with this subsection and Board rule.
(2) 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.
(3) 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.
(d) [Repealed.] (Added 2015, No. 38, § 46, eff. July 1, 2016; amended 2019, No. 30, § 25; 2021, No. 117 (Adj. Sess.), § 7, eff. July 1, 2023.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 95 - Applied Behavior Analysis › § 4926. License and renewal fees

§ 4926. License and renewal fees
Applicants and persons regulated under this chapter shall pay those fees set forth in 3 V.S.A. § 125(b). (Added 2015, No. 38, § 46, eff. July 1, 2016.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 95 - Applied Behavior Analysis › § 4927. Applications

§ 4927. Applications
The Director shall promulgate applications for licensure and license renewal. Each application shall contain a statement under oath showing the applicant’s education, experience, and other pertinent information and shall be accompanied by the required fee. (Added 2015, No. 38, § 46, eff. July 1, 2016; amended 2019, No. 30, § 25.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 95 - Applied Behavior Analysis › § 4928. Scope of practice of applied behavior analysts

§ 4928. Scope of practice of applied behavior analysts
(a) A person licensed under this chapter shall only engage in the practice of applied behavior analysis upon, and within the scope of, a referral from a licensed health professional or school official duly authorized to make such a referral.
(b) The practice of applied behavior analysis shall not include psychological testing, neuropsychology, diagnosis of mental health or developmental conditions, psychotherapy, cognitive therapy, sex therapy, psychoanalysis, psychopharmacological recommendations, hypnotherapy, or academic teaching by college or university faculty. (Added 2015, No. 38, § 46, eff. July 1, 2016.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 95 - Applied Behavior Analysis › § 4929. Supervision of assistant behavior analysts

§ 4929. Supervision of assistant behavior analysts
An assistant behavior analyst shall only engage in the practice of applied behavior analysis if he or she has a minimum of five hours per month of off-site case supervision by an applied behavior analyst. A supervising applied behavior analyst may require that his or her supervision of an assistant behavior analyst exceed the minimum requirements of this section, including the requirement that the supervision be on-site. (Added 2015, No. 38, § 46, eff. July 1, 2016.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 95 - Applied Behavior Analysis › § 4930. Disclosure of information

§ 4930. Disclosure of information
The Director may adopt rules requiring a person licensed under this chapter to disclose the licensee’s professional qualifications and experience, those actions that constitute unprofessional conduct, and the method for filing a complaint or making a consumer inquiry, and the manner in which that information shall be made available and to whom. (Added 2015, No. 38, § 46, eff. July 1, 2016.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 95 - Applied Behavior Analysis › § 4931. Unprofessional conduct

§ 4931. Unprofessional conduct
(a) Unprofessional conduct means the following conduct and the conduct set forth in 3 V.S.A. § 129a, committed by a licensee, an applicant, or a person who later becomes an applicant:
(1) making or causing to be made a false, fraudulent, or forged statement or representation in procuring or attempting to procure licensure or renew a license to practice under this chapter;
(2) using dishonest or misleading advertising;
(3) misusing a title in professional activity;
(4) engaging in any sexual conduct with a client, or with the immediate family member of a client, with whom the licensee has had a professional relationship within the previous five years;
(5) harassing, intimidating, or abusing a client;
(6) entering into an additional relationship with a client, supervisee, research participant, or student that might impair the person’s objectivity or otherwise interfere with a licensee’s obligations;
(7) practicing outside or beyond a licensee’s area of training, experience, or competence;
(8) being or having been convicted of a misdemeanor related to the practice of applied behavior analysis or a felony;
(9) being unable to practice applied behavior analysis competently by reason of any cause;
(10) willfully or repeatedly violating any of the provisions of this chapter;
(11) being habitually intemperate or addicted to the use of habit-forming drugs;
(12) having a mental, emotional, or physical disability, the nature of which interferes with the ability to practice applied behavior analysis competently;
(13) engaging in conduct of a character likely to deceive, defraud, or harm the public, including exposing clients to unjustifiably degrading or cruel interventions or implementing therapies not supported by a competent clinical rationale; or
(14) failing to notify the Director in writing within ten days of the loss, revocation, discontinuation, or invalidation of any certification or degree offered to support eligibility for licensure or to demonstrate continuing competency.
(b) A person shall not be liable in a civil action for damages resulting from the good faith reporting of information to the Director or the Office of Professional Regulation about alleged incompetent, unprofessional, or unlawful conduct of a person licensed under this chapter. (Added 2015, No. 38, § 46, eff. July 1, 2016.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 97 - Potable Water Supply and Wastewater System Designers › § 5001. Purpose and effect

§ 5001. Purpose and effect
In order to safeguard the life and health of the people of this State, a person, other than a professional engineer exempted under this chapter, shall not design a potable water supply or wastewater system that requires a permit or designer’s certification or license under the laws of this State unless currently licensed under this chapter. (Added 2015, No. 156 (Adj. Sess.), § 11, eff. Jan. 1, 2017.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 97 - Potable Water Supply and Wastewater System Designers › § 5002. Definitions

§ 5002. Definitions
As used in this chapter:
(1) “Director” means the Director of the Office of Professional Regulation.
(2) “License” means a current authorization granted by the Director permitting the practice of potable water supply or wastewater system design.
(3) “Potable water supply or wastewater system designer” or “designer” means a person who is licensed under this chapter to engage in the practice of potable water supply or wastewater system design.
(4) “Practice of potable water supply or wastewater system design” or “design” means planning the physical and operational characteristics of a potable water supply or wastewater system that requires a permit or designer’s certification or license under the laws of this State. (Added 2015, No. 156 (Adj. Sess.), § 11, eff. Jan. 1, 2017.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 97 - Potable Water Supply and Wastewater System Designers › § 5003. Prohibitions; offenses

§ 5003. Prohibitions; offenses
(a) It shall be a violation of this chapter for any person, including any corporation, association, or individual, to:
(1) sell or fraudulently obtain or furnish any design degree, diploma, certificate of registration, license, or any other related document or record or to aid or abet therein;
(2) practice design under cover of any degree, diploma, registration, license, or related document or record illegally or fraudulently obtained or signed or issued unlawfully or under fraudulent representation;
(3) practice design unless duly registered and currently licensed or otherwise authorized to do so under the provisions of this chapter;
(4) represent himself or herself as being licensed or otherwise authorized by this State to practice design or use in connection with a name any words, letters, signs, or figures that imply that a person is a licensed designer when not licensed or otherwise authorized under this chapter;
(5) practice design during the time a license or authorization issued under this chapter is suspended or revoked;
(6) employ an unlicensed or unauthorized person to practice as a licensed designer; or
(7) practice or employ a licensed designer to practice beyond the scope of his or her practice prescribed by rule.
(b) Any person violating this section shall be subject to the penalties provided in 3 V.S.A. § 127. (Added 2015, No. 156 (Adj. Sess.), § 11, eff. Jan. 1, 2017.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 97 - Potable Water Supply and Wastewater System Designers › § 5004. Exceptions

§ 5004. Exceptions
This chapter does not prohibit:
(1) the furnishing of assistance in the case of an emergency or disaster;
(2) the practice of design by a person employed by the U.S. government or any bureau, division, or agency thereof while in the discharge of his or her official federal duties; or
(3) the practice of any other occupation or profession by a person duly licensed or otherwise authorized under the laws of this State. (Added 2015, No. 156 (Adj. Sess.), § 11, eff. Jan. 1, 2017.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 97 - Potable Water Supply and Wastewater System Designers › § 5005. Qualified professional engineers exempt

§ 5005. Qualified professional engineers exempt
A licensed professional engineer may practice design without a license under this chapter if he or she satisfies the criteria set forth in 10 V.S.A. § 1975(b). (Added 2015, No. 156 (Adj. Sess.), § 11, eff. Jan. 1, 2017.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 97 - Potable Water Supply and Wastewater System Designers › § 5011. Duties of the Director

§ 5011. Duties of the Director
(a) The Director shall:
(1) provide general information to applicants for licensure as designers;
(2) receive applications for licensure, administer or approve examinations, and provide licenses to applicants qualified under this chapter;
(3) administer fees as established by law;
(4) refer all disciplinary matters to an administrative law officer;
(5) renew, revoke, and reinstate licenses as ordered by an administrative law officer; and
(6) explain appeal procedures to licensed designers and to applicants, and complaint procedures to the public.
(b) The Director shall adopt rules necessary to perform his or her duties under this section after due consultation with the Secretary of Natural Resources. These rules may establish grades, types, classes, or subcategories of licenses corresponding to prescribed scopes of practice. (Added 2015, No. 156 (Adj. Sess.), § 11, eff. Jan. 1, 2017.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 97 - Potable Water Supply and Wastewater System Designers › § 5012. Advisor appointees

§ 5012. Advisor appointees
(a)(1) The Secretary of State shall appoint three persons to be advisors to the Secretary, two of which shall be designers licensed under this chapter and one of which shall be a representative of the Agency of Natural Resources. Advisors shall be appointed for five-year staggered terms to serve at the Secretary’s pleasure as advisors in matters relating to design. Two of the initial appointments may be for a term of fewer than five years.
(2) A designer appointee shall have not fewer than five years’ experience as a licensed designer immediately preceding appointment; shall be licensed as a designer in Vermont; and shall be actively engaged in the practice of design in this State during incumbency.
(3) The Agency of Natural Resources appointee shall be involved in the permitting program established under 10 V.S.A. chapter 64.
(b) The Director shall seek the advice of the advisor appointees in carrying out the provisions of this chapter. (Added 2015, No. 156 (Adj. Sess.), § 11, eff. Jan. 1, 2017.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 97 - Potable Water Supply and Wastewater System Designers › § 5021. Eligibility for licensure

§ 5021. Eligibility for licensure
(a) To be eligible for licensure as a designer, an applicant shall be at least 18 years of age; able to read and write the English language; hold a high school diploma, General Equivalency Diploma (GED), or equivalent; and demonstrate such specific education, training, experience, and examination performance as the Director may by rule require to hold the class of license sought.
(b) The Director may waive examination for an applicant licensed or certified in good standing by a foreign jurisdiction found by the Director to enforce equivalent standards to obtain the class of license sought in this State. The applicant’s previous job description and experience in the design field may be considered. (Added 2015, No. 156 (Adj. Sess.), § 11, eff. Jan. 1, 2017.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 97 - Potable Water Supply and Wastewater System Designers › § 5022. License renewal

§ 5022. License renewal
(a)(1) A license shall be renewed every two years upon application, payment of the required fee, and proof of compliance with such continuing education or periodic reexamination requirements as the Director may by rule prescribe. Failure to comply with the provisions of this section shall result in suspension of all privileges granted to the licensee, beginning on the expiration date of the license.
(2) A license that has lapsed shall be renewed upon payment of the biennial renewal fee and the late renewal penalty.
(b) The Director may adopt rules necessary for the protection of the public to assure the Director that an applicant whose license has lapsed or who has not worked for more than three years as a licensed designer is professionally qualified for license renewal. Conditions imposed under this subsection shall be in addition to the requirements of subsection (a) of this section. (Added 2015, No. 156 (Adj. Sess.), § 11, eff. Jan. 1, 2017.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 97 - Potable Water Supply and Wastewater System Designers › § 5023. Applications

§ 5023. Applications
Applications for licensure and license renewal shall be on forms provided by the Director. Each application shall contain a statement under oath showing the applicant’s education, experience, and other pertinent information and shall be accompanied by the required fee. (Added 2015, No. 156 (Adj. Sess.), § 11, eff. Jan. 1, 2017.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 97 - Potable Water Supply and Wastewater System Designers › § 5024. Licensure generally

§ 5024. Licensure generally
The Director shall issue a license or renew a license, upon payment of the fees required under this chapter, to an applicant or licensee who has satisfactorily met all the requirements of this chapter. (Added 2015, No. 156 (Adj. Sess.), § 11, eff. Jan. 1, 2017.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 97 - Potable Water Supply and Wastewater System Designers › § 5025. Fees

§ 5025. Fees
Applicants and persons regulated under this chapter shall pay those fees set forth in 3 V.S.A. § 125(b). (Added 2015, No. 156 (Adj. Sess.), § 11, eff. Jan. 1, 2017.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 97 - Potable Water Supply and Wastewater System Designers › § 5026. Unprofessional conduct

§ 5026. Unprofessional conduct
(a) Unprofessional conduct means the following conduct and the conduct set forth in 3 V.S.A. § 129a committed by a licensee, an applicant, or a person who later becomes an applicant:
(1) has made or caused to be made a false, fraudulent, or forged statement or representation in procuring or attempting to procure registration or renew a license to practice as a licensed designer;
(2) whether or not committed in this State, has been convicted of a crime related to water system design or installation or a felony that evinces an unfitness to practice design;
(3) is unable to practice design competently by reason of any cause;
(4) has willfully or repeatedly violated or caused the violation of any of the provisions of this chapter, the terms of a permit, the Vermont On-Site Wastewater and Potable Water Supply Regulations, or the Vermont Water Quality Standards;
(5) is habitually intemperate or is addicted to the use of habit-forming drugs;
(6) has a mental, emotional, or physical disability, the nature of which interferes with the ability to practice design competently;
(7) engages in conduct of a character likely to deceive, defraud, or harm the public;
(8) has reviewed or acted on permit applications for a potable water supply or wastewater system that he or she designed or installed.
(b) A person shall not be liable in a civil action for damages resulting from the good faith reporting of information to the Director or the Office of Professional Regulation about alleged incompetent, unprofessional, or unlawful conduct of a licensed designer. (Added 2015, No. 156 (Adj. Sess.), § 11, eff. Jan. 1, 2017.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 99 - Pollution Abatement Facility Operators › § 5101. Purpose and effect

§ 5101. Purpose and effect
In order to safeguard the life and health of the people of this State, a person shall not practice or offer to practice pollution abatement facility operation unless currently licensed under this chapter. (Added 2015, No. 156 (Adj. Sess.), § 13, eff. Jan. 1, 2017.)