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2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 31 - Physician Assistants › § 1732. Definitions

§ 1732. Definitions
As used in this chapter:
(1) “Accredited physician assistant program” means a physician assistant educational program that has been accredited by the Accreditation Review Commission on Education for the Physician Assistant (ARC-PA), or, prior to 2001, by either the Committee on Allied Health Education and Accreditation (CAHEA) or the Commission on Accreditation of Allied Health Education Programs (CAAHEP).
(2) “Board” means the State Board of Medical Practice established by chapter 23 of this title.
(3) “Collaboration” means a physician assistant’s consultation with or referral to an appropriate physician or other health care professional as indicated based on the patient’s condition; the physician assistant’s education, training, and experience; and the applicable standards of care.
(4) “Disciplinary action” means any action taken by the Board against a physician assistant or an applicant, or an appeal of that action, when the action suspends, revokes, limits, or conditions licensure in any way. The term includes reprimands and administrative penalties.
(5) “Health care facility” has the same meaning as in 18 V.S.A. § 9402.
(6) “Participating physician” means a physician practicing as a sole practitioner, a physician designated by a group of physicians to represent their physician group, or a physician designated by a health care facility to represent that facility, who enters into a practice agreement with a physician assistant in accordance with this chapter.
(7) “Physician” means an individual licensed to practice medicine pursuant to chapter 23 or 33 of this title.
(8) “Physician assistant” or “PA” means an individual licensed by the State of Vermont to practice medicine in collaboration with one or more physicians pursuant to this chapter.
(9) “Physician group” means a medical practice involving two or more physicians.
(10) “Practice agreement” means an agreement that meets the requirements of section 1735a of this chapter.
(11) “Practice as a physician assistant” means the practice of medicine by a PA pursuant to a practice agreement signed by a participating physician. (Added 1981, No. 100, § 2; amended 1985, No. 208 (Adj. Sess.), § 2, eff. June 30, 1986; 1989, No. 250 (Adj. Sess.), § 4(a); 2011, No. 61, § 4, eff. June 2, 2011; 2019, No. 123 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 31 - Physician Assistants › § 1733. Licensure

§ 1733. Licensure
The State Board of Medical Practice is responsible for the licensure of physician assistants, and the Commissioner of Health shall adopt, amend, or repeal rules regarding the training, practice, qualification, and discipline of physician assistants. (Added 1981, No. 100, § 3; amended 1985, No. 208 (Adj. Sess.), § 3, eff. June 30, 1986; 2003, No. 34, § 10, eff. May 23, 2003; 2011, No. 61, § 4, eff. June 2, 2011; 2019, No. 123 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 31 - Physician Assistants › § 1734. Eligibility

§ 1734. Eligibility
(a) The Board may grant a license to practice as a physician assistant to an applicant who meets all of the following requirements:
(1) Submits a completed application form provided by the Board.
(2) Pays the required application fee.
(3) Has graduated from an accredited physician assistant program or has passed and maintained the certification examination by the National Commission on the Certification of Physician Assistants (NCCPA) prior to 1988.
(4) Has passed the Physician Assistant National Certifying Examination administered by the NCCPA.
(5) Is mentally and physically able to engage safely in practice as a physician assistant.
(6) Does not hold any license, certification, or registration as a physician assistant in another state or jurisdiction that is under current disciplinary action, or has been revoked, suspended, or placed on probation for cause resulting from the applicant’s practice as a physician assistant, unless the Board has considered the applicant’s circumstances and determines that licensure is appropriate.
(7) Is of good moral character.
(8) Submits to the Board any other information that the Board deems necessary to evaluate the applicant’s qualifications.
(9) Has engaged in practice as a physician assistant within the last three years or has complied with the requirements for updating knowledge and skills as defined by Board rules. This requirement shall not apply to applicants who have graduated from an accredited physician assistant program within the last three years.
(b), (c) [Repealed.]
(d) When the Board intends to deny an application for licensure, it shall send the applicant written notice of its decision by certified mail. The notice shall include a statement of the reasons for the action. Within 30 days of the date that an applicant receives such notice, the applicant may file a petition with the Board for review of its preliminary decision. At the hearing, the burden shall be on the applicant to show that licensure should be granted. After the hearing, the Board shall affirm or reverse its preliminary denial.
(e) Failure to maintain competence in the knowledge and skills of a physician assistant, as determined by the Board, shall be cause for revocation of licensure. (Added 1981, No. 100, § 4; amended 1985, No. 208 (Adj. Sess.), § 4, eff. June 30, 1986; 2011, No. 61, § 4, eff. June 2, 2011; 2019, No. 123 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 31 - Physician Assistants › § 1734b. Renewal of license

§ 1734b. Renewal of license
(a) Licenses shall be renewed every two years on payment of the required fee. At least one month prior to the date on which renewal is required, the Board shall send to each licensee a license renewal application form and notice of the date on which the existing license will expire. On or before the renewal date, the licensee shall file an application for license renewal and pay the required fee. The Board shall register the applicant and issue the renewal license. Within one month following the date renewal is required, the Board shall pay the license renewal fees into the Medical Practice Board Special Fund. Any physician assistant while on extended active duty as a member of the U.S. Armed Forces, a reserve component of the U.S. Armed Forces, the National Guard, or the State Guard who is licensed as a physician assistant at the time of an activation or deployment shall receive an extension of licensure up to 90 days following the physician assistant’s return from activation or deployment, provided the physician assistant notifies the Board of the activation or deployment prior to the expiration of the current license, and certifies that the circumstances of the activation or deployment impede good faith efforts to make timely application for renewal of the license.
(b) A licensee shall demonstrate that the requirements for licensure are met.
[Subsection (c) effective 60 days after the adoption of the maintenance of licensure for physician assistants.]
(c) A licensee for renewal of an active license to practice shall have practiced as a physician assistant within the last three years or have complied with the requirements for updating knowledge and skills as defined by Board rules.
(d) A licensee shall promptly provide the Board with new or changed information pertinent to the information in the physician assistant’s license and license renewal applications at the time the licensee becomes aware of the new or changed information.
(e) A license 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 renewal fees during periods when the license was lapsed. However, if a license remains lapsed for a period of three years, the Board may require the licensee to update the licensee’s knowledge and skills as defined by Board rules. (Added 1985, No. 208 (Adj. Sess.), § 6, eff. June 30, 1986; amended 2011, No. 61, § 4, eff. June 2, 2011; 2019, No. 123 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 31 - Physician Assistants › § 1734c. Exemptions

§ 1734c. Exemptions
(a) Nothing in this chapter shall be construed to require licensure under this chapter of any of the following:
(1) Physician assistant students enrolled in a physician assistant educational program accredited by the Accreditation Review Commission on Education for the Physician Assistant.
(2) Physician assistants employed in the service of the U.S. Armed Forces or National Guard, including National Guard in state status, while performing duties incident to that employment.
(3) Technicians or other assistants or employees of a physician who perform physician-delegated tasks but who are not rendering services as physician assistants or identifying themselves as physician assistants.
(4) Physician assistants who are duly licensed and in good standing in another state, territory, or jurisdiction of the United States or in Canada if the physician assistants are employed as or formally designated as team physician assistants by an athletic team visiting Vermont for a specific sporting event and the physician assistants limit their practice in this State to the treatment of the members, coaches, and staff of the sports team employing or designating the physician assistants.
(b) Physician assistants licensed in this State or credentialed as physician assistants by a federal employer shall not be required to have a practice agreement when responding to a need for medical care created by a disaster or emergency, as that term is defined in 20 V.S.A. § 102(c). (Added 2011, No. 61, § 4, eff. June 2, 2011; amended 2015, No. 94 (Adj. Sess.), § 3, eff. May 10, 2016; 2017, No. 113 (Adj. Sess.), § 166; 2019, No. 123 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 31 - Physician Assistants › § 1735b. Physician assistant as primary care provider

§ 1735b. Physician assistant as primary care provider
Notwithstanding any provision of law to the contrary, a physician assistant shall be considered a primary care provider when the physician assistant practices in one or more of the medical specialties for which a physician would be considered to be a primary care provider. (Added 2019, No. 123 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 31 - Physician Assistants › § 1737. Disposition of complaints

§ 1737. Disposition of complaints
(a) Complaints and allegations of unprofessional conduct shall be processed in accordance with the rules of procedure of the Board of Medical Practice.
(b) Any person, firm, corporation, or public officer may submit a written complaint to the Board alleging a physician assistant practicing in the State committed unprofessional conduct, specifying the grounds. The Board may initiate disciplinary action in any complaint against a physician assistant and may act 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 a physician 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 interests of the public health, safety, or welfare to do so. Such an 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 individual submit to care or counseling.
(2) A restriction that the individual practice only under supervision of a named person or a person with specified credentials.
(3) A requirement that the individual 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 subdivision shall be deposited into the Board of Medical Practice Regulatory Fee Fund for the purpose of providing education and training for Board members and the professions regulated by the Board. The Commissioner shall detail in the annual report receipts and expenses from money received under this subsection.
(e) Upon application, the Board may modify the terms of an order under this section and, if licensure has been revoked or suspended, order reinstatement on terms and conditions it deems proper. (Added 1981, No. 100, § 7; amended 1985, No. 208 (Adj. Sess.), § 9, eff. June 30, 1986; 2011, No. 61, § 4, eff. June 2, 2011.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 31 - Physician Assistants › § 1738. Use of title

§ 1738. Use of title
Any person who is licensed to practice as a physician assistant in this State shall have the right to use the title “physician assistant” and the abbreviations “PA” and “PA-C.” No other person shall assume that title, use those abbreviations, or use any other words, letters, signs, or devices to indicate that the person using them is a physician assistant. (Added 1981, No. 100, § 8; amended 1985, No. 208 (Adj. Sess.), § 11, eff. June 30, 1986; 2011, No. 61, § 4, eff. June 2, 2011; 2019, No. 123 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 31 - Physician Assistants › § 1739. Legal liability

§ 1739. Legal liability
Physician assistants are responsible for their own medical decision making. A participating physician in a practice agreement with a physician assistant shall not, by the existence of the practice agreement alone, be legally liable for the actions or inactions of the physician assistant; provided, however, that this does not otherwise limit the liability of the participating physician. (Added 1981, No. 100, § 9; amended 1985, No. 208 (Adj. Sess.), § 12, eff. June 30, 1986; 2011, No. 61, § 4, eff. June 2, 2011; 2019, No. 123 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 31 - Physician Assistants › § 1740. Fees

§ 1740. Fees
Applicants and persons regulated under this chapter shall pay the following fees:
(1) Original application for licensure, $225.00; the Board shall use at least $10.00 of this fee 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) Biennial renewal, $215.00; the Board shall use at least $10.00 of this fee to support the cost of maintaining the Vermont Practitioner Recovery Network described in subdivision (1) of this section. (Added 1981, No. 100, § 10; amended 1985, No. 208 (Adj. Sess.), § 14, eff. June 30, 1986; 1989, No. 250 (Adj. Sess.), § 48; 1999, No. 49, § 211; 2003, No. 163 (Adj. Sess.), § 6; 2007, No. 76, § 20; 2011, No. 61, § 4, eff. June 2, 2011; 2015, No. 57, § 15; 2017, No. 39, § 5; 2019, No. 123 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 31 - Physician Assistants › § 1742. Penalty

§ 1742. Penalty
(a) Any person who not being licensed holds himself or herself out to the public as being licensed 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 1981, No. 100, § 15; amended 1985, No. 208 (Adj. Sess.), § 16, eff. June 30, 1986; 2011, No. 61, § 4, eff. June 2, 2011.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 31 - Physician Assistants › § 1743. Medicaid reimbursement

§ 1743. Medicaid reimbursement
The Secretary of Human Services shall provide reimbursement under Title XIX (Medicaid) of the Social Security Act and 33 V.S.A. chapter 19 that recognizes reasonable cost differences between services provided by physicians and those provided by physician assistants under this chapter. (Added 1981, No. 100, § 16; amended 1985, No. 208 (Adj. Sess.), § 17, eff. June 30, 1986; 2011, No. 61, § 4, eff. June 2, 2011; 2015, No. 23, § 129; 2019, No. 123 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 31 - Physician Assistants › § 1743a. Payment for medical services

§ 1743a. Payment for medical services
(a) As used in this section:
(1) “Health insurer” has the same meaning as in 18 V.S.A. § 9402.
(2) “Participating provider” has the same meaning as in 18 V.S.A. § 9418 and includes providers participating in the Vermont Medicaid program.
(b) Health insurers and, to the extent permitted under federal law, Medicaid shall reimburse a participating provider who is a physician assistant for any medical service delivered by the physician assistant if the same service would be covered if delivered by a physician. Physician assistants are authorized to bill for and receive direct payment for the medically necessary services they deliver.
(c) To provide accountability and transparency for patients, payers, and the health care system, the physician assistant shall be identified as the treating provider in the billing and claims processes when the physician assistant delivered the medical services to the patient.
(d) A health insurer shall not impose any practice, education, or collaboration requirement for a physician assistant that is inconsistent with or more restrictive than the provisions of this chapter. (Added 2019, No. 123 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 33 - Osteopathy › § 1750. Definitions

§ 1750. Definitions
As used in this chapter:
(1) “Approved hospital” means a hospital approved by the American Osteopathic Association (AOA) or Accreditation Council for Graduate Medical Education (ACGME).
(2) “Approved program” means a one-year internship or postgraduate program approved by the AOA or the ACGME.
(3) “Accredited school or college of osteopathic medicine” means a school approved by the AOA or by the Board according to its rules.
(4) “Board” means the Board of Osteopathic Physicians and Surgeons created under section 1791 of this title.
(5) “Disciplinary action” includes any action taken by the Board against a person licensed under this chapter or an applicant premised on a finding that the person has engaged in unprofessional conduct. The term includes all sanctions of any kind, including obtaining injunctions, refusing to grant or renew a license, suspending or revoking a license, and issuing warnings.
(6) “Medical director” means, for purposes of this chapter, an osteopathic physician who is board-certified or board-eligible in his or her field of specialty, as determined by the AOA or the American Board of Medical Specialties (ABMS), and who is charged by a health maintenance organization with responsibility for overseeing all clinical activities of the plan in this State, or his or her designee.
(7) “Health maintenance organization”, as used in this section, shall have the same meaning as defined in 18 V.S.A. § 9402(9).
(8) “Member” means any individual who has entered into a contract with a health maintenance organization for the provision of health care services, or on whose behalf such an arrangement has been made, as well as the individual’s dependents covered by the contract.
(9) “Osteopathic physician” means a person licensed under this chapter to practice osteopathic medicine.
(10) “Practice of osteopathic medicine” means the diagnosis, treatment, operation, or prescription for any human disease, pain, injury, deformity, or other physical or mental condition, which practice is based in part upon educational standards and requirements that emphasize the importance of the neuromusculoskeletal structure and manipulative treatment in the maintenance and restoration of health. (Added 1989, No. 253 (Adj. Sess.), § 1; amended 1999, No. 133 (Adj. Sess.), § 15; 2001, No. 129 (Adj. Sess.), § 23, eff. June 13, 2002.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 33 - Osteopathy › § 1751. Application of laws; rights

§ 1751. Application of laws; rights
Osteopathic physicians and surgeons shall be subject to the provisions of law relating to communicable diseases and to the granting of certificates of births and deaths and the issuance of certificates relating to the commitment of individuals with a mental illness, and such reports and certificates shall be accepted by the office or department to whom the same are made or presented, equally with the reports and certificates of physicians of any other school of medicine; and such physicians shall have the same rights with respect to the rendering of medical services under the provisions of public health, welfare, and assistance laws and rules. (Amended 1989, No. 253 (Adj. Sess.), § 2; 2013, No. 96 (Adj. Sess.), § 176.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 33 - Osteopathy › § 1752. Prohibition; penalty

§ 1752. Prohibition; penalty
(a) A person shall not perform any of the following acts:
(1) practice or attempt to practice osteopathic medicine or hold himself or herself out as being able to do so in this State without first having obtained a license from the Board;
(2) use in connection with the person’s name any letters, words, or insignia indicating that the person is an osteopathic physician unless the person is licensed in accordance with this chapter;
(3) practice or attempt to practice osteopathic medicine during license revocation or suspension.
(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. (Amended 1989, No. 253 (Adj. Sess.), § 3; 2007, No. 29, § 30; 2015, No. 38, § 15, eff. May 28, 2015.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 33 - Osteopathy › § 1753. Exemptions

§ 1753. Exemptions
(a) The provisions of subdivision 1752(a)(1) of this title, relating to practice, shall not apply to the following persons acting within the scope of their respective practices:
(1) A person licensed to practice medicine and surgery under chapter 23 of this title.
(2) A person licensed to practice chiropractic medicine under chapter 10 of this title.
(3) A physician assistant licensed or registered pursuant to chapter 31 of this title.
(b) The provisions of subdivision 1752(a)(1) of this title shall not apply to any person or persons giving aid, assistance, or relief in emergency or accident cases, pending the arrival of a licensed physician or surgeon.
(c) The provisions of this chapter shall not apply to:
(1) a commissioned officer of the U.S. Armed Forces or Public Health Service when acting within the scope of his or her official duties;
(2) a nonresident licensed osteopathic physician or surgeon who is called to treat or to consult on a particular case in this State, provided he or she does not otherwise practice in this State; or
(3) an osteopathic physician who is duly licensed and in good standing in another state, territory, or jurisdiction of the United States or in Canada if the physician is employed as or formally designated as the team physician by an athletic team visiting Vermont for a specific sporting event and the physician limits the practice of medicine in this State to medical treatment of the members, coaches, and staff of the sports team employing or designating the physician. (Added 1989, No. 253 (Adj. Sess.), § 4; amended 2013, No. 27, § 19; 2015, No. 94 (Adj. Sess.), § 4, eff. May 10, 2016.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 33 - Osteopathy › § 1791. Composition of the Board; qualifications; term of office

§ 1791. Composition of the Board; qualifications; term of office
(a) A Board of Osteopathic Physicians and Surgeons is created. The Board shall consist of five members. Board members shall be appointed by the Governor pursuant to 3 V.S.A. §§ 129b and 2004.
(b)(1) Three members of the Board shall be osteopathic physicians licensed and in good standing in this State who are graduates of an accredited school of osteopathic medicine and who reside and have resided and actively practiced osteopathic medicine in this State during the two years immediately preceding their appointments.
(2) Two members shall be public members. A public member shall not have a financial interest personally or through a spouse, parent, child, brother, or sister in the activities regulated under this chapter, other than as a consumer or possible consumer of osteopathic medical services.
(c) A majority of the members of the Board shall constitute a quorum, and all action shall be taken upon a majority vote of the members present and voting.
(d), (e) [Repealed.] (Amended 1989, No. 253 (Adj. Sess.), § 5; 2005, No. 27, § 48; 2015, No. 38, § 16, eff. May 28, 2015.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 33 - Osteopathy › § 1792. Powers; duties

§ 1792. Powers; duties
(a) In addition to its other powers and duties, the Board shall:
(1) Provide general information to applicants.
(2) Explain appeal procedures to licensees and applicants and complaint procedures to the public.
(3) Adopt rules that establish the activities that must be completed by an applicant in order to fulfill the experience requirements of this chapter. The rules shall require that the applicant’s experience be under the supervision of an osteopathic physician licensed under this chapter. Such activities shall be designed to ensure that all applicants acquire experience in critical areas of osteopathic medicine, but shall not limit admission to licensure unless there is good reason to believe that licensure of a particular applicant would be inconsistent with safeguarding the public welfare.
(b) The Board may adopt rules necessary for the performance of its duties.
(c) [Repealed.] (Amended 1989, No. 253 (Adj. Sess.), § 6; amended 2015, No. 38, § 17, eff. May 28, 2015.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 33 - Osteopathy › § 1794. Fees

§ 1794. Fees
(a) Applicants and persons regulated under this chapter shall pay the following fees:
(1) Application
(A) Licensure $450.00
(B) Limited temporary license $75.00
(2) Biennial license renewal $350.00
(3) Annual limited temporary license renewal $145.00
(b) If at any time an assessment is imposed on the State for its membership in the Interstate Medical Licensure Compact Commission pursuant to section 1420m of this title, the Board and the Board of Medical Practice shall assume responsibility for paying the assessment from their respective special funds in proportional amounts based on their numbers of licensees for professions eligible for licensure through the Compact. (Amended 1989, No. 253 (Adj. Sess.), § 7; 1991, No. 167 (Adj. Sess.), § 35; 1993, No. 108 (Adj. Sess.), § 18; 1997, No. 59, § 57, eff. June 30, 1997; 1999, No. 49, § 177; 2001, No. 143 (Adj. Sess.), § 27, eff. June 13, 2002; 2005, No. 202 (Adj. Sess.), § 16; 2011, No. 128 (Adj. Sess.), § 1; 2015, No. 57, § 1; 2017, No. 115 (Adj. Sess.), § 3b, eff. Jan. 1, 2020; 2019, No. 178 (Adj. Sess.), § 10, eff. Oct. 1, 2020; 2023, No. 77, § 29, eff. June 20, 2023.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 33 - Osteopathy › § 1831. Qualifications for licensure

§ 1831. Qualifications for licensure
(a) To be eligible for licensure as an osteopathic physician, an applicant shall have attained the age of majority and shall provide evidence, acceptable to the Board, that he or she has satisfactorily completed all of the following:
(1) A course of study in osteopathic education from an accredited school or college of osteopathic medicine as evidenced by a graduation certificate.
(2) Documentation of no less than one year of an approved program of postgraduate training.
(b) In addition to the requirements of subsection (a) of this section, an applicant shall pass the Comprehensive Osteopathic Medical Licensing Examination — USA (COMLEX) or the U.S. Medical Licensing Examination (USMLE) or their successor or equivalent examinations approved by the Board unless the applicant is exempt from all or a part of the examination under the provisions of section 1832 or 1832a of this title.
(c) In addition to the requirements of this section, an applicant shall present evidence of good character and competence relating to his or her fitness to practice osteopathic medicine from the chief of service and two other active physician staff members at the hospital or institution where the applicant was last affiliated, if the applicant has been affiliated with a hospital or institution. The Board may seek evidence relating to the character and competence of the applicant from other sources. At the discretion of the Board, the applicant may present evidence relating to character and competence from different sources. (Amended 1971, No. 184 (Adj. Sess.), § 21, eff. March 29, 1972; 1989, No. 250 (Adj. Sess.), §§ 49, 50; 1989, No. 253 (Adj. Sess.), § 9; 2009, No. 103 (Adj. Sess.), § 16.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 33 - Osteopathy › § 1832. Examination

§ 1832. Examination
The Board or its designee shall administer examinations to applicants for licensure at least twice each year if applications are pending. Examinations shall be designed and implemented to ensure that all applicants are admitted to practice unless there is good reason to believe that practice by a particular applicant would be inconsistent with the public health, safety, and welfare; they shall not be designed for the purpose of limiting the number of licensees. (Amended 1989, No. 253 (Adj. Sess.), § 10; 2009, No. 103 (Adj. Sess.), § 17.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 33 - Osteopathy › § 1832a. Licensure without examination

§ 1832a. Licensure without examination
(a) A person shall be entitled to licensure without examination if he or she is a diplomate of the National Board of Examiners for Osteopathic Physicians and Surgeons.
(b) A person shall be entitled to licensure without examination if, at the time of application, he or she produces satisfactory evidence of the following and, in the judgment of the Board, he or she is qualified in all respects for a license:
(1) licensure in another U.S. or Canadian jurisdiction whose requirements are substantially equivalent to the requirements of this chapter; and
(2) the person has been granted a diploma by an accredited school or college of osteopathic medicine.
(c) [Repealed.] (Added 1989, No. 253 (Adj. Sess.), § 11; amended 2015, No. 38, § 19, eff. May 28, 2015.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 33 - Osteopathy › § 1833. Reexamination

§ 1833. Reexamination
A person who fails to pass the Vermont examination required under section 1832 of this title may apply for reexamination and may, upon payment of the examination fee, sit for any regularly scheduled examination. If an applicant does not pass the entire examination, the applicant shall not be required to retake any section of an examination that the applicant has previously passed. (Amended 1989, No. 253 (Adj. Sess.), § 12.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 33 - Osteopathy › § 1834. Limited temporary license

§ 1834. Limited temporary license
(a) An applicant for a limited temporary license shall meet the following requirements:
(1) have attained the age of majority;
(2) be a graduate of an accredited school or college of osteopathic medicine;
(3) be appointed as an intern, resident, fellow, or medical officer in an approved hospital or in a clinic that is affiliated with an approved hospital, or in any hospital or institution maintained by the State, or in any clinic or outpatient clinic affiliated with or maintained by the State; and
(4) pass Parts 1 and 2 of the Comprehensive Osteopathic Medical Licensing Examination — USA (COMLEX) or Parts 1 and 2 of the U.S. Medical Licensing Examination (USMLE) or their successor or equivalent examinations approved by the Board, unless the applicant is exempt from all or a part of the examination under the provisions of section 1832 or 1832a of this chapter.
(b) The Board may grant a limited temporary license for a period of one year to an applicant who furnishes satisfactory proof of meeting the requirements set forth in subsection (a) of this section, and pays the required fee. A temporary license may be renewed or reissued only four times whether or not consecutive.
(c) A limited temporary license shall entitle the applicant to practice only in the hospital or other institution designated on the applicant’s limited temporary license and in clinics or outpatient clinics operated by or affiliated with such designated hospital or institution and only under the direct supervision and control of an osteopathic or allopathic physician licensed under this chapter or chapter 23 of this title. The supervising physician shall provide the Board with information regarding the names and addresses of the supervising physician and the limited temporary licensee and the name of the hospital or other institution in which the person will practice.
(d) The supervising physician shall be responsible for negligent or wrongful acts or omissions of the limited temporary licensee.
(e) The limited temporary licensee shall at all times exercise the same standard of care and skill as an osteopathic physician, practicing in the same specialty, in the State of Vermont.
(f) A limited temporary license shall expire upon occurrence of any of the following events:
(1) The death or legal incompetency of the supervising physician.
(2) Withdrawal of the filing by the supervising physician, provided the supervising physician gives 10 days’ written notice to the licensee and the hospital or institution.
(g) A limited temporary license granted under this section shall expire immediately upon termination of the licensee’s appointment as intern, resident, fellow, or medical officer of the designated hospital or institution. (Amended 1989, No. 253 (Adj. Sess.), § 13; 2015, No. 38, § 20, eff. May 28, 2015.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 33 - Osteopathy › § 1836. Biennial renewal of license; continuing education

§ 1836. Biennial renewal of license; continuing education
(a)(1) A license issued under this chapter shall be renewed every two years upon application, payment of the required fee, and proof of completion of required continuing education. Failure to comply with the provisions of this section shall result in the 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 that an applicant whose license has lapsed or who has not worked for more than three years as an osteopathic physician is professionally qualified for license renewal. Conditions imposed under this subsection shall be in addition to the requirements of subsection (a) of this section.
(c) As a condition of renewal, a licensee shall complete a minimum of 30 hours of continuing medical education, during the preceding two-year period. The 30 hours of continuing medical education shall meet the requirements established by the Board by rule.
(d) [Repealed.] (Amended 1989, No. 250 (Adj. Sess.), § 51; 1989, No. 253 (Adj. Sess.), § 14; 2013, No. 27, § 20; 2015, No. 38, § 21, eff. May 28, 2015; 2023, No. 77, § 6, eff. June 20, 2023.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 33 - Osteopathy › § 1842. Unprofessional conduct

§ 1842. Unprofessional conduct
(a) A person licensed under this chapter shall not engage in unprofessional conduct. If such conduct is committed by an applicant it shall be grounds for denial of a license.
(b) Unprofessional conduct means the following conduct and conduct set forth in 3 V.S.A. § 129a:
(1) Inability to practice osteopathic medicine with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition.
(2) Misrepresentation or concealment of a material fact in the obtaining of a license to practice osteopathic medicine, or renewal or reinstatement of a license.
(3) Suspension or revocation of the physician’s license to practice osteopathic medicine and surgery by competent authority in any state, federal, or foreign jurisdiction.
(4) Willful disregard of the subpoena or notice of the Board.
(5) Failure to keep written medical records justifying the course of treatment of the patient, including patient histories, examination results, and test results.
(6) Exploitation of a patient for financial, personal, or professional gain.
(7) Performing professional services that have not been authorized by the patient or his or her legal representative.
(8) Performing any procedure or prescribing any therapy that, by the prevailing standards of medical practice in the community, would constitute experimentation of a human subject, without first obtaining full, informed, and written consent.
(9) Delegating professional responsibilities to a person who the licensee knows or has reason to know is not qualified by training, experience, or licensure to perform them.
(10) Agreeing with any other person or organization, or subscribing to any code of ethics or organizational bylaws, when the intent or primary effect of that agreement, code, or bylaw is to restrict or limit the flow of information concerning alleged or suspected unprofessional conduct to the Board.
(11) Use of the services of an anesthesiologist assistant in a manner that is inconsistent with the provisions of chapter 29 of this title.
(12) Use of the services of a radiologist assistant in a manner that is inconsistent with the provisions of chapter 52 of this title.
(13) Use of conversion therapy as defined in 18 V.S.A. § 8351 on a client younger than 18 years of age. (Added 1989, No. 253 (Adj. Sess.), § 15; amended 1997, No. 145 (Adj. Sess.), § 42; 2003, No. 34, § 2, eff. May 23, 2003; 2009, No. 103 (Adj. Sess.), § 19b, eff. May 12, 2010; 2015, No. 138 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 36 - Pharmacy › § 2021. Statement of purpose

§ 2021. Statement of purpose
It is the purpose of this chapter to promote, preserve, and protect the public health, safety, and welfare by and through the effective control and regulation of the practice of pharmacy and of the registration of drug outlets engaged in the manufacture, production, sale, and distribution of drugs, medications, and other such materials as may be used in the diagnosis and treatment of injury, illness, and disease. (Added 1977, No. 266 (Adj. Sess.), § 1; amended 2011, No. 66, § 6, eff. June 1, 2011.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 36 - Pharmacy › § 2031. Creation; appointment; terms; organization

§ 2031. Creation; appointment; terms; organization
(a)(1) There is hereby created the Board of Pharmacy to enforce the provisions of this chapter.
(2) The Board shall consist of eight members, five of whom shall be pharmacists licensed under this chapter with five years of experience in the practice of pharmacy in this State. One member shall be a pharmacy technician registered under this chapter. Two members shall be members of the public having no financial interest in the practice of pharmacy.
(b) Members of the Board shall be appointed by the Governor pursuant to 3 V.S.A. §§ 129b and 2004. (Added 1977, No. 266 (Adj. Sess.), § 1; amended 1981, No. 244 (Adj. Sess.), § 3; 1997, No. 145 (Adj. Sess.), § 31; 2005, No. 27, § 49; 2017, No. 144 (Adj. Sess.), § 20; 2019, No. 30, § 14.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 36 - Pharmacy › § 2041. Unlawful practice

§ 2041. Unlawful practice
(a) It shall be unlawful for any person to engage in the practice of pharmacy unless licensed to so practice under the provisions of this chapter; provided, however, physicians, dentists, veterinarians, osteopaths, or other practitioners of the healing arts who are licensed under the laws of this State may dispense and administer prescription drugs to their patients in the practice of their respective professions where specifically authorized to do so by statute of this State.
(b) Any person, including a business entity, violating this section shall be subject to the penalties provided in 3 V.S.A. § 127. (Added 1977, No. 266 (Adj. Sess.), § 1; amended 1981, No. 244 (Adj. Sess.), § 5; 2007, No. 29, § 31; 2017, No. 48, § 12; 2017, No. 144 (Adj. Sess.), § 20.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 36 - Pharmacy › § 2042. Qualifications for licensure

§ 2042. Qualifications for licensure
(a) To obtain a license to engage in the practice of pharmacy, an applicant for licensure by examination shall:
(1) have attained the age of majority;
(2) have graduated and received the professional undergraduate degree from a school or college of pharmacy that has been approved by the Board of Pharmacy, or, for foreign-trained applicants, have successfully passed an examination demonstrating that their education was equivalent to the education at a Board-approved school or college;
(3) if required by subdivision 2032(b)(3) of this title, have completed any internship program established by the Board or demonstrated experience in the practice of pharmacy that meets or exceeds any internship requirement established under this chapter;
(4) have successfully passed an examination required by the Board of Pharmacy;
(5) paid the fees specified by this chapter.
(b) The Board may license by endorsement an applicant who is licensed under the laws of another state whose requirements the Board deems to be substantially equal to those of this State.
(c) Licensing standards promulgated by the Board and its procedures shall be fair and reasonable and shall be designed and implemented to measure and reasonably ensure an applicant’s qualifications to practice pharmacy. They shall not be designed or implemented for the purpose of limiting the number of licensees.
(d) If a licensee has a principal place of business, the license shall be prominently displayed at that place. (Added 1977, No. 266 (Adj. Sess.), § 1; amended 1981, No. 244 (Adj. Sess.), § 6; 1989, No. 250 (Adj. Sess.), § 52; 2009, No. 35, § 33a.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 36 - Pharmacy › § 2042a. Pharmacy technicians; qualifications for registration

§ 2042a. Pharmacy technicians; qualifications for registration
(a) No person shall perform the duties of a pharmacy technician unless registered with the Board. To obtain a registration as a pharmacy technician, an applicant shall:
(1) not have engaged in acts that affect the ability of the applicant to practice as a pharmacy technician;
(2) if required by rules adopted by the Board, be certified or eligible for certification by a national pharmacy technician certification authority; and
(3) have paid the fee specified in section 2046 of this chapter.
(b) Pharmacy technicians administering immunizations shall meet the following requirements:
(1) hold a registration as a pharmacy technician in accordance with subsection (a) of this section;
(2) hold a current CPR certification;
(3) have successfully completed an Accreditation Council of Pharmacy Education–accredited training program approved by the Board; and
(4) successfully complete two hours of immunization-related continuing education approved by the Accreditation Council for Pharmacy Education every two-year licensing period.
(c) Pharmacy technicians shall only administer immunizations:
(1) to patients 18 years of age or older, as established in subdivision 2023(b)(2)(A)(vii) and the resulting State protocol;
(2) to patients five years of age or older, influenza vaccine, COVID-19 vaccine, and subsequent formulations or combination products thereof, in accordance with subdivision 2023(b)(2)(A)(viii) and the resulting State protocol;
(3) pursuant to the schedules and recommendations of the Advisory Committee on Immunization Practices’ recommendations for the administration of immunizations, as those recommendations may be updated from time to time; and
(4) when a licensed pharmacist who is trained to immunize is present and able to assist with the immunization, as needed.
(d) Pharmacy technicians shall administer only those immunizations that:
(1) are recommended by the Centers for Disease Control and Prevention’s Advisory Committee on Immunization Practices (ACIP); and
(2) licensed pharmacists are permitted to administer under the State clinical pharmacy protocol, as established in subdivision 2023(b)(2) of this title.
(e) Pharmacy technicians performing COVID-19 tests shall do so only:
(1) when a licensed pharmacist who is trained to perform COVID-19 tests is present and able to assist with the test, as needed;
(2) in accordance with a State protocol adopted under subdivision 2023(b)(2)(A)(x) of this title; and
(3) in accordance with rules adopted by the Board.
(f) The Board may adopt rules regarding the administration of immunizations and the performance of COVID-19 tests by pharmacy technicians. (Added 2003, No. 60, § 9; amended 2013, No. 138 (Adj. Sess.), § 12; 2023, No. 77, § 9, eff. June 20, 2023.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 36 - Pharmacy › § 2046. Fees

§ 2046. Fees
Applicants and persons regulated under this chapter shall pay the following fees:
(1) Initial application:
(A) Pharmacists $155.00
(B) Retail drug outlets $410.00
(C) Institutional drug outlets $460.00
(D) Manufacturing drug outlet $550.00
(E) Wholesale drug outlet $800.00
(F) Investigative and research projects $410.00
(G) Pharmacy technicians $70.00
(H) Outsourcing drug outlet $800.00
(I) Nuclear drug outlet $800.00
(J) Compounding drug outlet $800.00
(K) Home infusion drug outlet $800.00
(L) Third-party logistics $800.00
(M) Pharmacy interns $25.00
(N) Nonresident manufacturers $800.00
(O) Community-based long-term care pharmacy $550.00
(P) Institutional long-term care pharmacy $550.00
(2) Biennial renewal:
(A) Pharmacists $145.00
(B) Retail drug outlets $460.00
(C) Institutional drug outlets $570.00
(D) Manufacturing drug outlet $570.00
(E) Wholesale drug outlet $570.00
(F) Investigative and research projects $345.00
(G) Pharmacy technicians $85.00
(H) Outsourcing drug outlet $570.00
(I) Nuclear drug outlet $570.00
(J) Compounding drug outlet $570.00
(K) Home infusion drug outlet $570.00
(L) Third-party logistics $570.00
(M) Pharmacy interns $55.00
(N) Nonresident manufacturers $570.00
(O) Community-based long-term care pharmacy $570.00
(P) Institutional long-term care pharmacy $570.00
(3) Pharmacy reinspection $100.00 (Added 1981, No. 244 (Adj. Sess.), § 9; amended 1989, No. 250 (Adj. Sess.), § 53; 1991, No. 167 (Adj. Sess.), § 36; 1995, No. 47, § 24; 2003, No. 60, § 11; 2005, No. 27, § 51; 2007, No. 76, § 6; 2019, No. 70, § 18; 2023, No. 77, § 30, eff. June 20, 2023.)