reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 44 - Veterinary Medicine › § 2401. Definitions

§ 2401. Definitions
As used in this chapter:
(1) “Animal” means any animal other than a human and includes fowl, birds, fish, and reptiles.
(2) “Board” means the Vermont Board of Veterinary Medicine created under this chapter.
(3) “E.C.F.V.G.” means American Veterinary Medical Association Education Commission for Foreign Veterinary Graduates.
(4) “Licensed veterinarian” means a person who is validly and currently licensed by the Board to practice veterinary medicine in Vermont.
(5) “Practice of veterinary medicine” means:
(A) for a consideration, to diagnose, treat, correct, change, relieve, or prevent animal disease, deformity, defect, injury, or other physical or mental conditions; including the prescription or administration of any drugs, biologic, apparatus, application, anesthetic, or other therapeutic or diagnostic substance or technique and the use of any manual or mechanical procedure for testing for pregnancy or for correcting sterility, or infertility, or to render advice or recommendation with regard to any of the acts described in this subdivision (A);
(B) to represent, directly or indirectly, publicly or privately, an ability and willingness to do any act described in subdivision (A) of this subdivision (5);
(C) to use any title, words, abbreviation, or letters in a manner or under circumstances that induce the belief that the person using them is qualified to do any act described in subdivision (A) of this subdivision (5), except where such a person is a veterinarian;
(D) to perform a dental operation on an animal.
(6) “School of veterinary medicine” means a college of veterinary medicine approved or accredited by the American Veterinary Medical Association.
(7) “Disciplinary action” or “disciplinary cases” includes any action taken by a board against a licensee or applicant premised upon a finding of wrongdoing or unprofessional conduct by the licensee or applicant. It includes all sanctions of any kind, including obtaining injunctions, issuing warnings, and other similar sanctions and ordering restitution.
(8) “Financial interest” means being:
(A) a licensed veterinarian;
(B) a person who deals in goods and services that are uniquely related to the practice of veterinary medicine; or
(C) a person who has invested anything of value in a business that provides veterinary services.
(9)(A) “Dental operation” means:
(i) the application or use of any instrument or device to any portion of an animal’s tooth, gum, or any related tissue for the prevention, cure, or relief of any wound, fracture, injury, or disease of an animal’s tooth, gum, or related tissue; and
(ii) preventive dental procedures, including the removal of calculus, soft deposits, plaque, or stains or the smoothing, filing, or polishing of tooth surfaces.
(B) “Dental operation” does not mean the use by any person of cotton swabs, gauze, dental floss, dentifrice, toothbrushes, or similar items to clean an animal’s teeth. (Added 1981, No. 67, § 1; amended 2007, No. 163 (Adj. Sess.), § 22; 2013, No. 114 (Adj. Sess.), § 1; 2017, No. 48, § 17.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 44 - Veterinary Medicine › § 2402. Prohibition; offenses

§ 2402. Prohibition; offenses
(a) No person shall:
(1) practice or attempt to practice veterinary 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 or implying that the person is a veterinarian unless the person is a graduate of a school of veterinary medicine;
(3) practice or attempt to practice veterinary medicine during license revocation or suspension;
(4) transfer a license to practice veterinary medicine; or
(5) violate any of the provisions of this chapter.
(b) A person who violates subdivision (a)(1), (2), or (3) of this section or who obtains a license by fraud or misrepresentation shall be subject to the penalties provided in 3 V.S.A. § 127(c). (Added 1981, No. 67, § 1; amended 2007, No. 29, § 34.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 44 - Veterinary Medicine › § 2403. Exemptions from licensure

§ 2403. Exemptions from licensure
Regardless of whether acts performed are within the definition of the practice of veterinary medicine as defined in subdivision 2401(5) of this title, a license to practice veterinary medicine shall not be required under section 2402 of this title by the following:
(1) The owner of an animal and the owner’s full-time regular employee caring for and treating the animal belonging to the owner, except where the ownership of the animal was transferred for purposes of circumventing this chapter.
(2) A person advising with respect to or performing acts that are accepted livestock management practices and animal husbandry practices such as the use of procedures for artificial insemination, dehorning, clipping and shoeing animals, trimming feet, and use of handheld files, rasps, or other devices to remove overgrowth from the teeth of horses (floating), but not to include power-assisted filing or power-assisted floating, extraction of teeth, or other procedures that invade the soft tissue of the mouth. Prescription drugs shall not be used except by or on the order of a licensed veterinarian, as provided by State and federal law.
(3) An employee of the federal, State, or local government performing his or her official duties.
(4) A person who is a regular student in a school of veterinary medicine performing duties or actions assigned by his or her instructors, or working under the direct on-premises supervision of a licensed veterinarian during a school vacation period, or in a preceptorship program.
(5) A veterinarian regularly licensed in another state consulting with a licensed veterinarian in this State.
(6) Any merchant or manufacturer selling at his or her regular place of business medicines, feed, appliances, or other products used in the prevention or treatment of animal diseases.
(7) A member of the faculty of a school of veterinary medicine performing his or her regular functions or a person lecturing or giving instructions or demonstrations at a school of veterinary medicine or in connection with a continuing education course or seminar.
(8) Any person selling or applying any pesticide, insecticide, or herbicide.
(9) Any person engaging in bona fide scientific research that reasonably requires experimentation involving animals.
(10) Any employee of a licensed veterinarian performing duties other than diagnosis, prescription, or surgery under the direct on-premises supervision of the veterinarian who is responsible for his or her performance.
(11) A graduate of a foreign college of veterinary medicine who is in the process of obtaining an E.C.F.V.G. certificate performing duties or actions under the direct on-premises supervision of a licensed veterinarian. (Added 1981, No. 67, § 1; amended 2001, No. 151 (Adj. Sess.), § 22, eff. June 27, 2002; 2013, No. 114 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 44 - Veterinary Medicine › § 2404. Immunity from liability; cases of animal cruelty

§ 2404. Immunity from liability; cases of animal cruelty
(a) There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, a veterinarian licensed to practice in this State who, in good faith and in the normal course of practice, reports suspected cases of cruelty to animals, as defined in 13 V.S.A. §§ 352 and 352a, to any humane officer or officer as defined in 13 V.S.A. § 351(4) or local board of health officer or agent.
(b) There shall be no monetary liability on the part of, and no cause of action for damages against, a veterinarian licensed to practice in this State who accompanies a humane officer during the execution of a warrant pursuant to 13 V.S.A. § 354, or evaluates the health of and provides medical attention to, including a decision for euthanasia, an animal brought to that veterinarian for health assessment or necessary medical care, pursuant to 13 V.S.A. § 354.
(c) There shall be no monetary liability on the part of, and no cause of action for damages against, a veterinarian licensed to practice in this State who inspects premises or orders a quarantine pursuant to 20 V.S.A. § 3682 or 3683. (Added 2003, No. 60, § 12; amended 2013, No. 201 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 44 - Veterinary Medicine › § 2405. Immunity from liability for good samaritan acts

§ 2405. Immunity from liability for good samaritan acts
(a) For purposes of this section, an “emergency” shall include a fire, flood, storm, or other natural disaster, hazardous chemical or substance incident, vehicular collision with an animal, or other transportation accident where an animal is injured or in need of assistance to protect its health or life.
(b) A veterinarian licensed by the Board or any other person who, in good faith, provides care and treatment to an animal during an emergency shall not be held liable for civil damages by the owner of the animal, unless his or her acts constitute gross negligence or unless he or she will receive or expects to receive remuneration.
(c) Nothing contained in this section shall alter existing law with respect to tort liability of a practitioner of veterinary medicine for acts committed in the ordinary course of his or her practice. (Added 2001, No. 151 (Adj. Sess.), § 24, eff. June 27, 2002.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 44 - Veterinary Medicine › § 2411. Qualifications; term of office; removal

§ 2411. Qualifications; term of office; removal
(a) A State Veterinary Board is created, which shall be the continuation of and successor to the State Board of Veterinary Registration and Examination established by chapter 43, subchapter 2 of this title.
(b) The Board shall consist of six members, four of whom are residents of the State and are graduates of a school of veterinary medicine, and who have had at least five years’ experience in the State and are in the active practice of veterinary medicine at the time of their appointment; and two members who shall be representatives of the public who shall be residents of the State for five years and who shall have no financial interest in the profession other than as consumers or potential consumers of its services. They shall have no financial interest personally or through a spouse, parent, child, brother, or sister. The public members shall participate in all Board functions with the exception of drafting and grading examinations.
(c) Board members shall be appointed by the Governor pursuant to 3 V.S.A. §§ 129b and 2004. (Added 1981, No. 67, § 1; amended 2005, No. 27, § 69.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 44 - Veterinary Medicine › § 2412. Functioning of licensing Board

§ 2412. Functioning of licensing Board
(a) Annually, the Board shall meet to elect a chair, vice chair, and a secretary.
(b) Meetings may be called by the Chair and shall be called upon the request of any other three members.
(c) A majority of the members of the Board shall constitute a quorum for transacting business and all action shall be taken upon a majority vote of the members present and voting. (Added 1981, No. 67, § 1; amended 2005, No. 27, § 70.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 44 - Veterinary Medicine › § 2413. Powers and duties

§ 2413. Powers and duties
(a) The Board shall:
(1) Adopt rules under 3 V.S.A. chapter 25 necessary for the performance of its duties, ensuring that at least the following are established by statute or rule:
(A) a definition of the behavior for which a license is required;
(B) explanations of appeal and other significant rights given by law to licensees, applicants, and the public; and
(C) rules of practice in disciplinary cases, including provisions regarding representation and evidence at hearings and provisions regarding subpoenas and witness fees.
(2) Conduct any necessary hearings in connection with the issuance, renewal, suspension, or revocation of a license or otherwise related to the disciplining of a licensee.
(3) Receive complaints and charges of unprofessional conduct against any holder of a license. The Board shall investigate all complaints in which there are reasonable grounds to believe that unprofessional conduct has occurred.
(b) The Board may:
(1) with the approval of the Director of the Office of Professional Regulation, make contracts and arrangements for the performance of administrative and similar services required or appropriate in the performance of its duties;
(2) issue subpoenas and administer oaths in connection with any authorized investigation, hearing, or disciplinary proceeding;
(3) take or cause depositions to be taken as needed in any investigation, hearing, or proceeding;
(4) receive legal assistance from the Attorney General of the State. (Added 1981, No. 67, § 1; amended 1985, No. 158 (Adj. Sess.), § 1; 1989, No. 250 (Adj. Sess.), § 4(d).)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 44 - Veterinary Medicine › § 2414. Fees

§ 2414. Fees
Applicants and persons regulated under this chapter shall pay the following fees:
(1) Application $145.00
(2) Biennial Renewal $200.00 (Added 1981, No. 67, § 1; amended 1989, No. 250 (Adj. Sess.), § 57; 1991, No. 167 (Adj. Sess.), § 37; 1993, No. 108 (Adj. Sess.), § 14, eff. Feb. 16, 1994; 2005, No. 202 (Adj. Sess.), § 17; 2011, No. 116 (Adj. Sess.), § 29; 2015, No. 57, § 3; 2019, No. 178 (Adj. Sess.), § 14, eff. Oct. 1, 2020; 2023, No. 77, § 33, eff. June 20, 2023.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 44 - Veterinary Medicine › § 2421. Eligibility

§ 2421. Eligibility
(a) An applicant is eligible for licensure who has:
(1) reached the age of majority;
(2) graduated from a school of veterinary medicine accredited by the American Veterinary Medical Association or the Canadian Veterinary Medical Association; and
(3) passed the North American Veterinary Licensing Examination (NAVLE), or any subsequent licensing examinations prepared under the authority of the National Board of Veterinary Medical Examiners (NBVME) or its successor organization.
(b) Applicants who are not graduates of schools of veterinary medicine accredited by the American Veterinary Medical Association (AVMA) or Canadian Veterinary Medical Association (CVMA) shall possess a certificate issued by the Educational Commission for Foreign Veterinary Graduates (ECFVG), its successor organization, or an organization acceptable to the Board.
(c) Upon submission of evidence acceptable to the Board of satisfaction of these eligibility criteria and upon payment of the required fees, the applicant shall receive a license; provided, however, that the Board may also require satisfactory completion of an examination covering State laws and rules related to the practice of veterinary medicine and the State or national veterinary codes of ethics.
(d) For purposes of this section, an applicant’s score on the North American Veterinary Licensing Examination or any subsequent licensing examinations prepared under the authority of the National Board of Veterinary Medical Examiners, or its successor organization, shall be valid for two years from the date the applicant passed the examination. (Added 1981, No. 67, § 1; amended 1995, No. 111 (Adj. Sess.), § 1; 1997, No. 40, § 30; 2005, No. 148 (Adj. Sess.), § 21; 2007, No. 163 (Adj. Sess.), § 23.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 44 - Veterinary Medicine › § 2422. Application

§ 2422. Application
An application for a license shall be in writing and signed by the applicant, on forms furnished by the Office of Professional Regulation, setting forth facts concerning the applicant as the Board may require. (Added 1981, No. 67, § 1; amended 1989, No. 250 (Adj. Sess.), § 4(d); 2007, No. 163 (Adj. Sess.), § 24.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 44 - Veterinary Medicine › § 2423. Licensing standards and procedures

§ 2423. Licensing standards and procedures
Licensing standards and procedures established by the Board shall be fair and reasonable and shall be designed and implemented to measure and reasonably ensure an applicant’s qualifications to practice the occupation. They shall not be designed or implemented for the purpose of limiting the size of the occupation. (Added 1981, No. 67, § 1; amended 1995, No. 111 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 44 - Veterinary Medicine › § 2425. Certificate of licensure

§ 2425. Certificate of licensure
(a) The Board shall license as a veterinarian each applicant who proves to the satisfaction of the Board his or her fitness for licensure under the terms of this chapter. It shall issue to each person licensed a certificate of licensure, which shall be prima facie evidence of the right of the person to whom it is issued to practice as a licensed veterinarian or to represent himself or herself as a licensed veterinarian, subject to the conditions and limitations of this chapter.
(b) If a licensee has a principal place of business for the practice of veterinary medicine, a license shall be prominently displayed at that place.
(c) Licenses may not be transferred. (Added 1981, No. 67, § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 44 - Veterinary Medicine › § 2426. Renewal of license

§ 2426. Renewal of license
(a) On a schedule established by the Office of Professional Regulation, a licensed veterinarian shall pay to the Secretary of State a renewal fee in the amount prescribed by section 2414 of this title, and shall receive a license card bearing his or her name, address, registration number, and the date of expiration of the license.
(b) A person shall not be required to pay renewal fees for years during which the license was lapsed.
(c) As a condition of renewal, a licensee shall complete continuing veterinary medical education, approved by the Board by rule, during the preceding two-year period. For purposes of this subsection, the Board may require, by rule, not more than 24 hours of approved continuing veterinary medical education as a condition of renewal. (Added 1981, No. 67, § 1; amended 1997, No. 145 (Adj. Sess.), § 12; 1999, No. 133 (Adj. Sess.), § 18; 2007, No. 163 (Adj. Sess.), § 26.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 44 - Veterinary Medicine › § 2428. Reinstatement

§ 2428. Reinstatement
A license that has lapsed for five years or longer may be reinstated upon successful completion of national board licensing examinations within the previous two years or upon proof that the licensee has actively practiced licensed clinical veterinary medicine for 3,000 hours during the preceding three years in another U.S. or Canadian jurisdiction. (Added 1981, No. 67, § 1; amended 1999, No. 133 (Adj. Sess.), § 19; 2005, No. 27, § 71; 2007, No. 163 (Adj. Sess.), § 27.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 44 - Veterinary Medicine › § 2431. Unprofessional conduct

§ 2431. Unprofessional conduct
(a) Unprofessional conduct is the conduct prohibited by this section, and by 3 V.S.A. § 129a, whether or not taken by a license holder.
(b) Unprofessional conduct means:
(1) failing to make available, upon request of a person using the licensee’s services, copies of documents in the possession or under the control of the licensee, when those documents have been prepared for and purchased by the user of services;
(2) conduct that evidences moral unfitness to practice the occupation;
(3) any of the following except when reasonably undertaken in an emergency situation in order to protect life, health, or property:
(A) practicing or offering to practice beyond the scope permitted by law;
(B) accepting and performing occupational responsibilities that the licensee knows or has reason to know that he or she is not competent to perform;
(C) performing occupational services that have not been authorized by the consumer or his or her legal representative.
(c) After hearing, the Board may take disciplinary action against a licensee or applicant found guilty of unprofessional conduct. Discipline against an applicant may be a warning, a reprimand, suspension of a license for a specific period of time, or permanent revocation or denial of license. (Added 1981, No. 67, § 1; amended 1997, No. 145 (Adj. Sess.), § 46.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 44 - Veterinary Medicine › § 2433. Veterinarian-client-patient relationship; veterinarian of record

§ 2433. Veterinarian-client-patient relationship; veterinarian of record
(a) The veterinarian-client-patient relationship (VCPR) exists when all of the following conditions have been met:
(1) The veterinarian has assumed the responsibility for making clinical judgments regarding the health of one or more animals and the need for medical treatment, and the client, who is the owner of the animals or their caretaker, has agreed to follow the veterinarian’s instructions;
(2) The veterinarian has sufficient knowledge of those animals to initiate at least a general or preliminary diagnosis of the medical condition of the animals. This means that the veterinarian has recently seen and is personally acquainted with the keeping and care of the animals by virtue of an examination of the animals or by medically appropriate and timely visits to the premises where the animals are kept; and
(3) The veterinarian is readily available or has arranged for emergency coverage for follow-up evaluation of those animals in the event of adverse reactions or failure of the treatment regimen.
(b) Only a licensed veterinarian with a valid VCPR may:
(1) authorize the dispensing of veterinary prescription drugs;
(2) issue a valid veterinary feed directive;
(3) authorize drug distributors to deliver veterinary prescription drugs to a specific client; or
(4) prescribe, order, or otherwise authorize a pharmacist to dispense veterinary prescription drugs to a specific client.
(c)(1) The veterinarian of record (VOR) is the food animal veterinarian responsible for providing appropriate oversight of drug use on a farm premises for specific animals or group of animals.
(2) If more than one veterinarian or veterinary practice has a working relationship on a farm premises, then the VCPR agreement shall establish which veterinarian has the responsibility for specific animals or animal groups.
(3) A veterinarian who is not the VOR, when providing professional services, is responsible for making provisions for emergency follow-up care and must notify the VOR of his or her findings and recommendations.
(d) Prescriptions from veterinarians are subject to Vermont prescription drug cost containment statutes set forth in 18 V.S.A. chapter 91.
(e) Establishment of a VCPR for the sole purpose of the sale of drugs or increased sales of a particular brand of drug product is not a valid or ethical reason for having a VCPR. (Added 2017, No. 48, § 17.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 45 - Land Surveyors › § 2501. Policy and purpose

§ 2501. Policy and purpose
In order to safeguard property and the public welfare, the practice of land surveying in this State is declared to be subject to regulation in the public interest in accordance with the terms of this chapter. (Added 1967, No. 364 (Adj. Sess.), § 1, eff. Jan. 1, 1969; amended 1981, No. 79, §§ 1, 2, eff. May 5, 1981; 1985, No. 245 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 45 - Land Surveyors › § 2502. Definitions

§ 2502. Definitions
For the purpose of this chapter:
(1) “Board” means the Board of Land Surveyors established under this chapter.
(2) “Disciplinary action” includes any action taken against a licensee for unprofessional conduct.
(3) “Licensed land surveyor” means a person licensed by the Board who is:
(A) a professional specialist in measuring land;
(B) educated in the principles of mathematics, the related physical and applied sciences, and real property law; and
(C) engaged in the practice of land surveying as defined in this section.
(4) “Practice of land surveying” means providing, or offering to provide, professional services, including record research, reconnaissance, measurements, gathering parol evidence, analysis of evidence, mapping, planning, expert testimony, and consultation related to any of the following:
(A) locating, relocating, establishing, reestablishing, or retracing property lines or boundaries, or demarcating other legal rights or interests in any tract of land, road, right-of-way, or easement;
(B) determining, by the use of principles of surveying, the position for any boundary monument or reference point, or replacing any monument or reference point;
(C) making any survey for the division, subdivision, or consolidation of any tract of land;
(D) creating, preparing, or modifying graphic documents such as maps, plats, and plans, or electronic data used or referenced in instruments of conveyance of rights in real property, or that define rights in real property, or are used to define such rights;
(E) calculating dimensions and areas, which may be used to define rights in real property.
(5) “Monument” excludes paint marks, ribbons, signs, and any nonpermanent structures supporting ribbons or signs.
(6) “Responsible charge” means direct control and personal supervision.
(7) “Supervision” of an applicant means regular personal review of the applicant’s land surveying work. (Added 1967, No. 364 (Adj. Sess.), § 2, eff. Jan. 1, 1969; amended 1985, No. 245 (Adj. Sess.), § 1; 2003, No. 60, § 13.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 45 - Land Surveyors › § 2503. Prohibition; exceptions

§ 2503. Prohibition; exceptions
(a) A person who is not licensed by the Board shall not:
(1) use the title “licensed land surveyor” or any substantially equivalent title;
(2) represent himself or herself as licensed by this State or able to perform land surveying; or
(3) practice land surveying or act in responsible charge of another person who practices land surveying.
(b) Subdivision (a)(3) of this section does not prohibit preparation of assessment maps, current use maps for use valuation appraisal, or similar maps, which are clearly not intended to indicate the legally authoritative location or demarcation of property boundaries or extent where legal rights or interests in any tract of land are or may be affected, or licensed or qualified members of other professions or trades from performing duties incidental to those occupations. (Added 1967, No. 364 (Adj. Sess.), § 3, eff. Jan. 1, 1969; amended 1985, No. 245 (Adj. Sess.), § 1; 2003, No. 60, § 14.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 45 - Land Surveyors › § 2504. Penalties and enforcement

§ 2504. Penalties and enforcement
A person who violates subsection 2503(a) of this chapter shall be subject to the penalties provided in 3 V.S.A. § 127(c). (Added 1967, No. 364 (Adj. Sess.), § 21, eff. Jan. 1, 1969; amended 1985, No. 245 (Adj. Sess.), § 1; 2007, No. 29, § 36; 2007, No. 163 (Adj. Sess.), § 28.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 45 - Land Surveyors › § 2541. Creation and organization of Board

§ 2541. Creation and organization of Board
(a) A State board of land surveyors is created to regulate the licensure of land surveyors. It shall be called “Board of Land Surveyors.”
(b) The Board shall consist of five licensed land surveyors and two members of the public who have no financial interest in the activities regulated under this chapter, other than as consumers or possible consumers of its services. Public members shall have no financial interest personally or through a spouse, parent, child, brother, or sister. “Financial interest” means dealing in goods or services that are uniquely related to activities regulated under this chapter, or investing anything of value in a business licensed under this chapter.
(c) Board members shall be appointed by the Governor pursuant to 3 V.S.A. §§ 129b and 2004.
(d) One member shall have been licensed under this chapter after written examination taken within the five years immediately preceding the date of appointment. (Added 1967, No. 364 (Adj. Sess.), § 4, eff. Jan. 1, 1969; amended 1969, No. 11, eff. Feb. 26, 1969; 1985, No. 245 (Adj. Sess.), § 1; 2005, No. 27, § 72.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 45 - Land Surveyors › § 2543. Board meetings

§ 2543. Board meetings
(a) The Board shall meet, at least two times each year, at the call of the Chair or upon the request of any other two members.
(b) [Repealed.]
(c) A majority of the members of the Board shall be a quorum for transacting business, and all action shall be taken upon a majority vote of the members present and voting.
(d) The provisions of the Vermont Administrative Procedure Act, 3 V.S.A. chapter 25, relating to contested cases, shall apply to proceedings under this chapter.
(e) Fees for the service of process and attendance before the Board shall be the same as the fees paid sheriffs and witnesses in Superior Court. (Added 1967, No. 364 (Adj. Sess.), § 6, eff. Jan. 1, 1969; amended 1985, No. 245 (Adj. Sess.), § 1; 2005, No. 27, § 73; 2011, No. 116 (Adj. Sess.), § 30.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 45 - Land Surveyors › § 2544. Powers and duties of the Board

§ 2544. Powers and duties of the Board
(a) The Board shall:
(1) Adopt rules according to the provisions of 3 V.S.A. chapter 25 that are necessary for the performance of its duties.
(2) Adopt an official seal.
(3) Provide general information to applicants for admission to licensure as land surveyors.
(4) Explain appeal procedures to licensees and applicants and complaint procedures to the public.
(5) Adopt rules that establish the activities that must be completed by an applicant in order to fulfill the experience requirements established by this chapter. The rules shall require that the applicant’s experience be under the supervision of a licensed land surveyor who has been licensed for three years or more, and shall not require that the applicant be in charge of the surveying. Such activities shall be designed to ensure that all applicants acquire experience in critical areas of land surveying, 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 property and the public welfare.
(6) Inform prospective applicants that they may notify the Board if, after reasonable effort, they have been unable to obtain supervision by a licensee for activities prerequisite to licensure. When the Board receives such a notice, it may interview the prospective applicant, and thereafter shall take whatever action it considers appropriate.
(7) If applications for licensure by examination are pending, offer examinations at least twice each year and pass upon the qualifications of applicants.
(8) Use the administrative and legal services provided by the Office of Professional Regulation under 3 V.S.A. chapter 5.
(9) Adopt rules establishing minimum standards of practice. Standards adopted by the Board shall not exceed the minimum required to protect the public and shall be responsive to a demonstrated need to impose such standards. Rules adopted under this section shall relate to land surveying in the following areas:
(A) Researching deeds and other records.
(B) Measurements.
(C) Evaluation and verification of evidence pertaining to surveying.
(D) Monumentation.
(E) Survey reports and documents.
(b) The Board may conduct disciplinary proceedings as provided for in 3 V.S.A. chapter 5. (Added 1967, No. 364 (Adj. Sess.), § 7, eff. Jan. 1, 1969; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; amended 1983, No. 230 (Adj. Sess.), § 17(5); 1985, No. 245 (Adj. Sess.), § 1; 1989, No. 250 (Adj. Sess.), § 4(d); 1991, No. 167 (Adj. Sess.), § 38a; 2005, No. 148 (Adj. Sess.), § 22.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 45 - Land Surveyors › § 2591. Applications

§ 2591. Applications
Applications for licensure shall be on forms provided by the Board. Each application shall contain a statement under oath showing the applicant’s education, land surveying experience, and other pertinent information and shall be accompanied by the required fee. (Added 1967, No. 364 (Adj. Sess.), § 13, eff. Jan. 1, 1969; amended 1985, No. 245 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 45 - Land Surveyors › § 2592. Licensure by examination

§ 2592. Licensure by examination
(a) Any person shall be eligible for licensure as a land surveyor if the person qualifies under one of the following provisions, as established by the Board by rule:
(1) Bachelor’s degree in land surveying, internship, portfolio, and examination. A person who has graduated with a bachelor’s degree in land surveying from a program accredited by the Accreditation Board for Engineering and Technology (ABET), completed a 24-month internship, successfully completed a portfolio, and successfully completed the examinations required by the Board may be granted a license.
(2) Associate’s degree in land surveying, internship, portfolio, and examination. A person who has graduated with an associate’s degree in land surveying from a program accredited by the ABET, completed a 36-month internship, successfully completed a portfolio, and successfully completed the examinations required by the Board may be granted a license.
(3) Internship, portfolio, and examinations. An applicant who has completed a 72-month internship, successfully completed a portfolio, and passed the examinations required by the Board may be granted a license.
(b) License examinations may consist of a national surveying examination selected by the Board plus a Vermont portion. The Vermont portion shall be limited to those subjects and skills necessary to perform land surveying. (Added 1967, No. 364 (Adj. Sess.), § 14, eff. Jan. 1, 1969; amended 1969, No. 207 (Adj. Sess.), § 10, eff. March 24, 1970; 1971, No. 250 (Adj. Sess.), § 1; 1985, No. 245 (Adj. Sess.), § 1; 1989, No. 250 (Adj. Sess.), § 4; 1991, No. 167 (Adj. Sess.), § 38; 2009, No. 103 (Adj. Sess.), § 19; 2011, No. 66, § 7, eff. June 1, 2011; 2011, No. 116 (Adj. Sess.), § 31.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 45 - Land Surveyors › § 2592a. Licensure by endorsement

§ 2592a. Licensure by endorsement
Upon an applicant’s successful completion of the Vermont portion of the licensing examination, the Board may issue a license to an applicant who is licensed or registered and currently in good standing in a U.S. or Canadian jurisdiction having licensing requirements that are substantially equivalent to the requirements of this chapter. The absence of a portfolio requirement in another jurisdiction shall not prevent the Board from finding substantial equivalence. (Added 2011, No. 116 (Adj. Sess.), § 32.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 45 - Land Surveyors › § 2593. Corporations, limited liability companies, partnerships, associations; individual proprietorships; liability

§ 2593. Corporations, limited liability companies, partnerships, associations; individual proprietorships; liability
(a) The right to practice land surveying is a personal right based on the qualities of the individual and evidenced by a nontransferable license.
(b) A corporation, limited liability company, partnership, association, or individual proprietorship may furnish land surveyor services provided a member or employee thereof is a licensed land surveyor and is in responsible charge of such surveys, and provided all land surveys are signed and stamped with the personal seal of the licensed land surveyor in responsible charge.
(c) A corporation, limited liability company, partnership, association, or individual proprietorship with which the land surveyor may practice shall be jointly and severally liable with the land surveyor for work performed. (Added 1967, No. 364 (Adj. Sess.), § 15, eff. Jan. 1, 1969; amended 1985, No. 245 (Adj. Sess.), § 1; 1997, No. 40, § 13.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 45 - Land Surveyors › § 2595. Exceptions

§ 2595. Exceptions
(a) The work of an employee or subordinate of a person having a license under this chapter is exempted from the licensing provisions of this chapter if such work is done under the supervision of and is verified by a licensee.
(b) This chapter shall not be construed to apply to or to interfere with federal employees in the performance of their official duties.
(c) This chapter shall not be construed to apply to or to interfere with State employees in the performance of their official duties, provided that the work is being done under the supervision of a licensed land surveyor.
(d) [Repealed.] (Added 1967, No. 364 (Adj. Sess.), § 17, eff. Jan. 1, 1969; amended 1985, No. 245 (Adj. Sess.), § 1; 2009, No. 35, § 41; 2011, No. 116 (Adj. Sess.), § 34.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 45 - Land Surveyors › § 2596. Use of seal; certification

§ 2596. Use of seal; certification
(a) Each licensed land surveyor shall procure a personal seal in a form approved by the Board. The surveyor shall affix the surveyor’s signature and seal together with a certification statement as to the nature of the survey work upon all completed maps, plats, surveys, or other documents before delivery thereof to any client or before any map, plat, survey, or other document is offered for filing at the office of the town clerk or any other proper authority. The certification statement shall clearly set forth what information was used as the basis of the survey and shall indicate that the survey work identified thereon is consistent with this information.
(b) Use of the seal for stamping or sealing documents after the corresponding certificate of licensure has expired or has been suspended or revoked unless the certificate has been renewed or reissued shall be unlawful. (Added 1967, No. 364 (Adj. Sess.), § 18, eff. Jan. 1, 1969; amended 1985, No. 245 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 45 - Land Surveyors › § 2597. Fees

§ 2597. Fees
Applicants and persons regulated under this chapter shall pay the following fees:
(1) Application $290.00
(2) Biennial renewal of license $365.00 (Added 1967, No. 364 (Adj. Sess.), § 19, eff. Jan. 1, 1969; amended 1971, No. 250 (Adj. Sess.), § 2; 1985, No. 245 (Adj. Sess.), § 1; 1989, No. 250 (Adj. Sess.), § 58; 1991, No. 167 (Adj. Sess.), § 38b; 1997, No. 59, § 58, eff. June 30, 1997; 1999, No. 49, § 179; 2001, No. 143 (Adj. Sess.), § 28, eff. June 21, 2002; 2005, No. 202 (Adj. Sess.), § 18; 2015, No. 57, § 4; 2023, No. 77, § 26, eff. June 20, 2023.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 45 - Land Surveyors › § 2598. Unprofessional conduct

§ 2598. Unprofessional conduct
(a) Unprofessional conduct is the conduct prohibited by this section and by 3 V.S.A. § 129a.
(b) Unprofessional conduct includes the following actions by a licensee:
(1) practicing or offering to practice beyond the scope permitted by law;
(2) accepting and performing responsibilities that the licensee knows or has reason to know that he or she is not competent to perform;
(3) making any material misrepresentation with respect to the qualifications of or experience of an applicant or otherwise in the practice of the profession, whether by commission or omission;
(4) [Repealed.]
(5) willfully acting, while serving as a Board member, in any way to contravene the provisions of this chapter and thereby artificially restrict the entry of qualified persons into the profession;
(6) using the licensee’s seal on documents prepared by others not in the licensee’s direct supervision, or using the seal of another. (Added 1967, No. 364 (Adj. Sess.), § 20, eff. Jan. 1, 1969; amended 1971, No. 250 (Adj. Sess.), § 3; 1985, No. 245 (Adj. Sess.), § 1; 1991, No. 167 (Adj. Sess.), § 38c; 1997, No. 145 (Adj. Sess.), § 47; 2011, No. 66, § 7, eff. June 1, 2011; 2011, No. 116 (Adj. Sess.), § 35.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 45 - Land Surveyors › § 2601. Renewals

§ 2601. Renewals
(a) Licenses shall be renewed every two years upon payment of the renewal fee following the procedure established by the Office of Professional Regulation.
(b) [Repealed.]
(c) A license that has lapsed for a period of three years or less may be renewed upon application and payment of the renewal fee and the late penalty fee.
(d) As a condition of renewal, the Board shall require that a licensee establish that he or she has completed continuing education, as approved by the Board not to exceed 15 hours for each year of renewal.
(e) The Board may renew the license of an individual whose license has lapsed for more than three years upon payment of the required fee and the late renewal penalty, provided the individual has satisfied all the requirements for renewal established by the Board by rule. (Added 1993, No. 108 (Adj. Sess.), § 11; amended 2011, No. 116 (Adj. Sess.), § 37.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 46 - Landscape Architects › § 2611. Definitions

§ 2611. Definitions
As used in this chapter:
(1) “Director” means the Director of the Office of Professional Regulation.
(2) “Disciplinary action” means any action taken against a licensed landscape architect for unprofessional conduct.
(3) “Landscape architect” means a person who complies with all provisions of this chapter and is licensed by the Director to engage in the practice of landscape architecture.
(4) “License” means an authorization granted by the Director to practice landscape architecture.
(5) “Practice of landscape architecture” means any service where landscape architectural education, training, experience, and the application of mathematical, physical, and social science principles are applied in consultation, evaluation, planning, and design, including the preparation and filing of drawings, plans, specifications, and other contract documents and the administration of contracts relative to projects principally directed at the functional and aesthetic development, use, or preservation of land that directly affects the health, safety, and welfare of the public. These services include the implementation of land development concepts and natural resource management plans through the design or grading of: land forms; on-site, surface, and storm water drainage; soil conservation and erosion control; small water features; pedestrian, bicycle, and local motor vehicular circulation systems; and related construction details. (Added 2009, No. 84 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 46 - Landscape Architects › § 2612. Prohibition and enforcement

§ 2612. Prohibition and enforcement
(a) No person shall:
(1) Practice or attempt to practice landscape architecture or hold himself or herself as being able to do so in this State without first obtaining a valid license as required by this chapter.
(2) Use the title “landscape architect,” “landscape architecture,” or “landscape architectural” in connection with the person’s name without being duly licensed under this chapter.
(b) No person licensed under this chapter shall:
(1) stamp or seal documents with his or her landscape architect seal if his or her license has expired or is revoked or suspended;
(2) practice or attempt to practice landscape architecture during license revocation or suspension;
(3) engage in unprofessional conduct;
(4) violate any provisions of this chapter.
(c) A person who willfully violates any provisions of subsection (a) of this section shall be subject to the penalties provided in 3 V.S.A. § 127(c).
(d) The administrative law officer may bring an action for injunctive relief to enforce the provisions of this chapter. (Added 2009, No. 84 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 46 - Landscape Architects › § 2613. Exemptions

§ 2613. Exemptions
(a) This chapter shall not affect or prevent:
(1) the practice of architecture, land surveying, engineering, or other licensed profession by persons not licensed under this chapter;
(2) drafters, clerks, project managers, superintendents, students, and other employees or interns from acting under the instructions, control, or supervision of their employers;
(3) the construction, alteration, or supervision of sites by contractors or superintendents employed by contractors or the preparation of shop drawings in connection with the construction, alteration, or supervision;
(4) owners or contractors from engaging persons who are not landscape architects to observe and supervise site construction of a project;
(5) the preparation of construction documents showing plantings, other horticulture-related elements, or landscape materials unrelated to horticulture;
(6) individuals from making plans, drawings, or specifications for any property owned by them and for their own personal use;
(7) the design of irrigation systems; or
(8) officers or employees of the federal government from working in connection with their employment.
(b) This section shall not be construed to permit a person not licensed as provided in this chapter to use the title landscape architect or any title, sign, card, or device to indicate that the person is a landscape architect.
(c) This chapter shall not be construed to limit or restrict in any manner the right of a practitioner of another profession or occupation from carrying on in the usual manner any of the functions of that profession or occupation as their experience, education, and training allow them to practice, including the professions of landscape design, garden design, planning, forestry, and forestry management. (Added 2009, No. 84 (Adj. Sess.), § 2; 2019, No. 178 (Adj. Sess.), § 15, eff. Oct. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 46 - Landscape Architects › § 2621. Office of Professional Regulation

§ 2621. Office of Professional Regulation
(a) The Director shall:
(1) provide general information to applicants for licensure as landscape architects;
(2) explain appeal procedures to licensed landscape architects and applicants, and complaint procedures to the public;
(3) administer fees as established by law;
(4) receive applications for licensure; administer examinations; provide licenses to applicants qualified under this chapter; and renew, revoke, and reinstate licenses as ordered by an administrative law officer; and
(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 section. (Added 2009, No. 84 (Adj. Sess.), § 2; amended 2013, No. 27, § 31.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 46 - Landscape Architects › § 2622. Advisor appointees

§ 2622. Advisor appointees
(a) The Secretary of State shall appoint two landscape architects for five-year staggered terms to serve at the Secretary’s pleasure as advisors in matters relating to landscape architecture. One of the initial appointments may be for less than a five-year term. An appointee shall have not less than three years’ experience as a landscape architect immediately preceding appointment, shall be licensed as a landscape architect in Vermont or be in the process of applying for licensure, and shall be actively engaged in the practice of landscape architecture in this State during incumbency.
(b) The Director shall seek the advice of the landscape architect advisors in carrying out the provisions of this chapter. (Added 2009, No. 84 (Adj. Sess.), § 2; amended 2011, No. 66, § 8, eff. June 1, 2011.)