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2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 12 - Dentists, Dental Therapists, Dental Hygienists, and Dental Assistants › § 584. Unprofessional conduct

§ 584. Unprofessional conduct
The Board may refuse to give an examination or issue a license to practice dentistry, to practice as a dental therapist, or to practice dental hygiene or to register an applicant to be a dental assistant and may suspend or revoke any such license or registration or otherwise discipline an applicant, licensee, or registrant for unprofessional conduct. Unprofessional conduct means the following conduct and the conduct set forth in 3 V.S.A. § 129a by an applicant or person licensed or registered under this chapter:
(1) abandonment of a patient;
(2) rendering professional services to a patient if the dentist, dental therapist, dental hygienist, or dental assistant is intoxicated or under the influence of drugs;
(3) promotion of the sale of drugs, devices, appliances, goods, or services provided for a patient in a manner to exploit the patient for financial gain or selling, prescribing, giving away, or administering drugs for other than legal and legitimate therapeutic purposes;
(4) division of or agreeing to divide with any person for bringing or referring a patient the fees received for providing professional services to the patient;
(5) willful misrepresentation in treatments;
(6) practicing a profession regulated under this chapter with a dentist, dental therapist, dental hygienist, or dental assistant who is not legally practicing within the State or aiding or abetting such practice;
(7) gross and deceptive overcharging for professional services on single or multiple occasions, including filing of false statements for collection of fees for which services are not rendered;
(8) permitting one’s name, license, or registration to be used by a person, group, or corporation when not actually in charge of or responsible for the treatment given;
(9) practicing dentistry or maintaining a dental office in a manner so as to endanger the health or safety of the public; or
(10) holding out to the public as being specially qualified or announcing specialization in any branch of dentistry by using terms such as “specialist in” or “practice limited to” unless:
(A) the American Dental Association has formally recognized the specialty and an appropriate certifying board for the specialty;
(B) the dentist has met the educational requirements and standards set forth by the Commission on Dental Accreditation for the specialty; or
(C) the dentist is a diplomate of the specialty certifying board recognized by the American Dental Association. (Added 2011, No. 116 (Adj. Sess.), § 13; amended 2015, No. 161 (Adj. Sess.), § 2, eff. June 2, 2016.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 12 - Dentists, Dental Therapists, Dental Hygienists, and Dental Assistants › § 601. License by examination

§ 601. License by examination
To be eligible for licensure as a dentist, an applicant shall:
(1) have attained the age of majority;
(2) be a graduate of:
(A) a dental college accredited by the Commission on Dental Accreditation of the American Dental Association; or
(B) a program of foreign dental training and a postgraduate program accredited by the Commission on Dental Accreditation of the American Dental Association that is acceptable to the Board; and
(3) meet the certificate, examination, and training requirements established by the Board by rule. (Added 2011, No. 116 (Adj. Sess.), § 13; amended 2017, No. 144 (Adj. Sess.), § 14.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 12 - Dentists, Dental Therapists, Dental Hygienists, and Dental Assistants › § 602. License by endorsement

§ 602. License by endorsement
(a) The Board may grant a license to practice dentistry to an applicant who is a graduate of a dental college accredited by the Commission on Dental Accreditation of the American Dental Association and who:
(1) is currently licensed in good standing to practice dentistry in any jurisdiction of the United States or Canada that has licensing requirements deemed by the Board to be substantially equivalent to those of this State;
(2) has successfully completed an approved emergency office procedures course;
(3) has successfully completed the dentist jurisprudence examination; and
(4) has met active practice requirements and any other requirements established by the Board by rule.
(b) The Board may grant a license to an applicant who is a graduate of a dental college accredited by the Commission on Dental Accreditation of the American Dental Association and who is licensed and in good standing to practice dentistry in a jurisdiction of the United States or Canada that has licensing requirements deemed by the Board to be not substantially equivalent to those of this State if:
(1) the Board has determined that the applicant’s practice experience or education overcomes any lesser licensing requirement of the other jurisdiction in which the applicant is licensed; and
(2) the applicant:
(A) has been in full-time licensed practice of at least 1,200 hours per year for a minimum of five years preceding the application;
(B) is in good standing in all jurisdictions in which licensed;
(C) has successfully completed an approved emergency office procedures course;
(D) has successfully completed the dentist jurisprudence examination; and
(E) has met active practice requirements and any other requirements established by the Board by rule. (Added 2011, No. 116 (Adj. Sess.), § 13.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 12 - Dentists, Dental Therapists, Dental Hygienists, and Dental Assistants › § 611. License by examination

§ 611. License by examination
(a) Qualifications for examination. To be eligible for examination for licensure as a dental therapist, an applicant shall:
(1) have attained the age of majority;
(2) be a Vermont-licensed dental hygienist;
(3) be a graduate of a dental therapist educational program administered by an institution accredited by the Commission on Dental Accreditation to train dental therapists;
(4) have successfully completed an emergency office procedure course approved by the Board; and
(5) pay the application fee set forth in section 662 of this chapter and an examination fee established by the Board by rule.
(b) Completion of examination.
(1)(A) An applicant for licensure meeting the qualifications for examination set forth in subsection (a) of this section shall pass a comprehensive, competency-based clinical examination approved by the Board and administered independently of an institution providing dental therapist education.
(B) An applicant shall also pass an examination testing the applicant’s knowledge of the Vermont statutes and rules relating to the practice of dentistry approved by the Board.
(2) An applicant who has failed the clinical examination twice is ineligible to retake the clinical examination until further education and training are obtained as established by the Board by rule.
(c) The Board may grant a license to an applicant who has met the requirements of this section.
(d) A person licensed as a dental therapist under this section shall not be required to maintain his or her dental hygienist license. (Added 2015, No. 161 (Adj. Sess.), § 2, eff. June 2, 2016.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 12 - Dentists, Dental Therapists, Dental Hygienists, and Dental Assistants › § 612. License by endorsement

§ 612. License by endorsement
(a) The Board may grant a license as a dental therapist to an applicant who:
(1) is currently licensed in good standing to practice as a dental therapist in any jurisdiction of the United States or Canada that has licensing requirements deemed by the Board to be at least substantially equivalent to those of this State;
(2) has passed an examination testing the applicant’s knowledge of the Vermont statutes and rules relating to the practice of dentistry approved by the Board;
(3) has successfully completed an emergency office procedure course approved by the Board;
(4) has met active practice requirements and any other requirements established by the Board by rule; and
(5) pays the application fee set forth in section 662 of this chapter.
(b) [Repealed.] (Added 2015, No. 161 (Adj. Sess.), § 2, eff. June 2, 2016; amended 2017, No. 48, § 10.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 12 - Dentists, Dental Therapists, Dental Hygienists, and Dental Assistants › § 613. Practice; scope of practice

§ 613. Practice; scope of practice
(a) A person who provides oral health care services, including prevention, evaluation, and assessment; education; palliative therapy; and restoration under the general supervision of a dentist within the parameters of a collaborative agreement as provided under section 614 of this subchapter shall be regarded as practicing as a dental therapist within the meaning of this chapter.
(b) A dental therapist may perform the following oral health care services:
(1) Oral health instruction and disease prevention education, including nutritional counseling and dietary analysis.
(2) Periodontal charting, including a periodontal screening examination.
(3) Exposing radiographs.
(4) Oral evaluation and assessment of dental disease.
(5) Dental prophylaxis.
(6) Mechanical polishing.
(7) Applying topical preventive or prophylactic agents, including fluoride varnishes, antimicrobial agents, and pit and fissure sealants.
(8) Pulp vitality testing.
(9) Applying desensitizing medication or resin.
(10) Fabricating athletic mouthguards.
(11) Suture removal.
(12) Changing periodontal dressings.
(13) Brush biopsies.
(14) Administering local anesthetic.
(15) Placement of temporary restorations.
(16) Interim therapeutic restorations.
(17) Placement of temporary and preformed crowns.
(18) Emergency palliative treatment of dental pain in accordance with the other requirements of this subsection.
(19) Formulating an individualized treatment plan, including services within the dental therapist’s scope of practice and referral for services outside the dental therapist’s scope of practice.
(20) Minor repair of defective prosthetic devices.
(21) Recementing permanent crowns.
(22) Placement and removal of space maintainers.
(23) Prescribing, dispensing, and administering analgesics, anti-inflammatories, and antibiotics, except Schedule II, III, or IV controlled substances.
(24) Administering nitrous oxide.
(25) Fabricating soft occlusal guards, but not for treatment of temporomandibular joint disorders.
(26) Tissue conditioning and soft reline.
(27) Tooth reimplantation and stabilization.
(28) Extractions of primary teeth.
(29) Nonsurgical extractions of periodontally diseased permanent teeth with tooth mobility of +3. A dental therapist shall not extract a tooth if it is unerupted, impacted, fractured, or needs to be sectioned for removal.
(30) Cavity preparation.
(31) Restoring primary and permanent teeth, not including permanent tooth crowns, bridges, veneers, or denture fabrication.
(32) Preparation and placement of preformed crowns for primary teeth.
(33) Pulpotomies on primary teeth.
(34) Indirect and direct pulp capping on primary and permanent teeth. (Added 2015, No. 161 (Adj. Sess.), § 2, eff. June 2, 2016.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 12 - Dentists, Dental Therapists, Dental Hygienists, and Dental Assistants › § 614. Collaborative agreement

§ 614. Collaborative agreement
(a) Before a dental therapist may enter into his or her first collaborative agreement, he or she shall:
(1) complete 1,000 hours of direct patient care using dental therapy procedures under the direct supervision of a dentist; and
(2) receive a certificate of completion signed by that supervising dentist that verifies the dental therapist completed the hours described in subdivision (1) of this subsection.
(b) In order to practice as a dental therapist, a dental therapist shall enter into a written collaborative agreement with a dentist. The agreement shall include:
(1) practice settings where services may be provided and the populations to be served;
(2) any limitations on the services that may be provided by the dental therapist, including the level of supervision required by the supervising dentist;
(3) age- and procedure-specific practice protocols, including case selection criteria, assessment guidelines, and imaging frequency;
(4) a procedure for creating and maintaining dental records for the patients that are treated by the dental therapist;
(5) a plan to manage medical emergencies in each practice setting where the dental therapist provides care;
(6) a quality assurance plan for monitoring care provided by the dental therapist, including patient care review, referral follow-up, and a quality assurance chart review;
(7) protocols for prescribing, administering, and dispensing medications, including the specific conditions and circumstances under which these medications may be prescribed, dispensed, and administered;
(8) criteria relating to the provision of care to patients with specific medical conditions or complex medication histories, including requirements for consultation prior to the initiation of care;
(9) criteria for the supervision of dental assistants and dental hygienists; and
(10) a plan for the provision of clinical resources and referrals in situations that are beyond the capabilities of the dental therapist.
(c)(1) The supervising dentist shall be professionally responsible and legally liable for all services authorized and performed by the dental therapist pursuant to the collaborative agreement.
(2) A supervising dentist shall be licensed and practicing in Vermont.
(3) A supervising dentist is limited to entering into a collaborative agreement with no more than two dental therapists at any one time.
(d)(1) A collaborative agreement shall be signed and maintained by the supervising dentist and the dental therapist.
(2) A collaborative agreement shall be reviewed, updated, and submitted to the Board on an annual basis and as soon as a change is made to the agreement.
(e) Nothing in this chapter shall be construed to require a dentist to enter into a collaborative agreement with a dental therapist. (Added 2015, No. 161 (Adj. Sess.), § 2, eff. June 2, 2016.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 12 - Dentists, Dental Therapists, Dental Hygienists, and Dental Assistants › § 615. Application of other laws

§ 615. Application of other laws
(a) A dental therapist authorized to practice under this chapter shall not be in violation of section 562 of this chapter as it relates to the unauthorized practice of dentistry if the practice is authorized under this chapter and under the collaborative agreement.
(b) A dentist who permits a dental therapist to perform a dental service other than those authorized under this chapter or any dental therapist who performs an unauthorized service shall be in violation of section 584 of this chapter. (Added 2015, No. 161 (Adj. Sess.), § 2, eff. June 2, 2016.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 12 - Dentists, Dental Therapists, Dental Hygienists, and Dental Assistants › § 616. Use of dental hygienists and dental assistants

§ 616. Use of dental hygienists and dental assistants
(a) A dental therapist may supervise dental assistants and dental hygienists directly to the extent permitted in the collaborative agreement.
(b) At any one practice setting, a dental therapist may have under his or her direct supervision no more than a total of two assistants or hygienists or a combination thereof. (Added 2015, No. 161 (Adj. Sess.), § 2, eff. June 2, 2016.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 12 - Dentists, Dental Therapists, Dental Hygienists, and Dental Assistants › § 617. Referrals

§ 617. Referrals
(a) The supervising dentist shall refer patients to another dentist or specialist to provide any necessary services needed by a patient that are beyond the scope of practice of the dental therapist and which the supervising dentist is unable to provide.
(b) A dental therapist, in accordance with the collaborative agreement, shall refer patients to another qualified dental or health care professional to receive any needed services that exceed the scope of practice of the dental therapist. (Added 2015, No. 161 (Adj. Sess.), § 2, eff. June 2, 2016.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 12 - Dentists, Dental Therapists, Dental Hygienists, and Dental Assistants › § 621. License by examination

§ 621. License by examination
To be eligible for licensure as a dental hygienist, an applicant shall:
(1) have attained the age of majority;
(2) be a graduate of a program of dental hygiene accredited by the Commission on Dental Accreditation of the American Dental Association;
(3) present to the Board a certificate of the National Board of Dental Examiners;
(4) have completed an approved emergency office procedure course;
(5) have passed the American Board of Dental Examiners (ADEX) examination or other examination approved by the Board; and
(6) have passed the dental hygienist jurisprudence examination. (Added 2011, No. 116 (Adj. Sess.), § 13.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 12 - Dentists, Dental Therapists, Dental Hygienists, and Dental Assistants › § 622. Licensure by endorsement

§ 622. Licensure by endorsement
The Board may grant a license to practice dental hygiene to an applicant who is a graduate of a program of dental hygiene accredited by the Commission on Dental Accreditation of the American Dental Association and who:
(1) is currently licensed in good standing to practice dental hygiene in any jurisdiction of the United States or Canada that has licensing requirements deemed by the board to be substantially equivalent to those of this State;
(2) has successfully completed an approved emergency office procedures course;
(3) has successfully completed the dental hygienist jurisprudence examination; and
(4) has met active practice and any other requirements established by the Board by rule. (Added 2011, No. 116 (Adj. Sess.), § 13.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 12 - Dentists, Dental Therapists, Dental Hygienists, and Dental Assistants › § 623. Licensure by endorsement based on training and experience

§ 623. Licensure by endorsement based on training and experience
The Board may grant a license to an applicant who has met the training and experience requirements established by the Board by rule under its authority provided in this chapter. (Added 2011, No. 116 (Adj. Sess.), § 13.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 12 - Dentists, Dental Therapists, Dental Hygienists, and Dental Assistants › § 624. Practice

§ 624. Practice
(a) A dental hygienist may perform duties for which the dental hygienist has been qualified by successful completion of the normal curriculum offered by programs of dental hygiene accredited by the American Dental Association or in continuing education courses approved by the Board. A dental hygienist may perform tasks in the office of any licensed dentist consistent with rules adopted by the Board.
(b) A public-health hygienist, who shall be a dental hygienist with no fewer than three years of experience, may perform tasks in out-of-office settings, including residences, schools, nursing home and long-term care facilities, clinics, hospitals, medical facilities, community health centers licensed or approved by the Department of Health, Head Start programs, and any other facilities or programs deemed appropriate by the Department of Health in a manner consistent with rules adopted by the Board.
(c)(1) A dental hygienist, when authorized by the Board by rule, may administer local anesthetics under the direct supervision and by the prescription of a licensed dentist.
(2) The license of a dental hygienist authorized by Board rule to administer local anesthetics shall have a special endorsement to that effect.
(d) A public health hygienist, who has completed training approved by the Vermont Department of Health in the silver modified atraumatic restorative technique (SMART), may use SMART to treat patients in a manner consistent with rules adopted by the Board. (Added 2011, No. 116 (Adj. Sess.), § 13; amended 2013, No. 27, § 3; 2019, No. 30, § 10; 2023, No. 77, § 4, eff. June 20, 2023.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 12 - Dentists, Dental Therapists, Dental Hygienists, and Dental Assistants › § 641. Registration

§ 641. Registration
(a) No person shall practice as a dental assistant in this State unless registered for that purpose by the Board.
(b) On a form prepared and provided by the Board, each applicant shall state, under oath, that the dental assistant shall practice only under the supervision of a dentist.
(c) The supervising dentist shall be responsible for the professional acts of dental assistants under his or her supervision. (Added 2011, No. 116 (Adj. Sess.), § 13.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 12 - Dentists, Dental Therapists, Dental Hygienists, and Dental Assistants › § 642. Practice

§ 642. Practice
(a) Except as provided in subsection (b) of this section, a dental assistant may perform duties in the office of any licensed dentist consistent with rules adopted by the Board and in public or private schools or institutions under the supervision of a licensed dentist or other dentist approved for the purpose by the Board. The performance of any intraoral tasks shall be under the direct supervision of a dentist.
(b) The following tasks may not be assigned to a dental assistant:
(1) Diagnosis, treatment planning, and prescribing, including for drugs and medicaments or authorization for restorative, prosthodontic, or orthodontic appliances; or
(2) Surgical procedures on hard or soft tissues within the oral cavity or any other intraoral procedure that contributes to or results in an irremediable alteration of the oral anatomy. (Added 2011, No. 116 (Adj. Sess.), § 13.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 12 - Dentists, Dental Therapists, Dental Hygienists, and Dental Assistants › § 661. Renewal of license

§ 661. Renewal of license
(a) Licenses and registrations shall be renewed every two years on a schedule determined by the Office of Professional Regulation.
(b) No continuing education reporting is required at the first biennial license renewal date following licensure.
(c) The Board may waive continuing education requirements for licensees who are on active duty in the U.S. Armed Forces.
(d) Dentists.
(1) To renew a license, a dentist shall meet active practice requirements established by the Board by rule and document completion of no fewer than 30 hours of Board-approved continuing professional education, which shall include an emergency office procedures course during the two-year licensing period preceding renewal.
(2) Any dentist who has not been in active practice for a period of five years or more shall be required to meet the renewal requirements established by the Board by rule.
(e) Dental therapists. To renew a license, a dental therapist shall meet active practice requirements established by the Board by rule and document completion of no fewer than 20 hours of Board-approved continuing professional education, which shall include an emergency office procedures course during the two-year licensing period preceding renewal.
(f) Dental hygienists. To renew a license, a dental hygienist shall meet active practice requirements established by the Board by rule and document completion of no fewer than 18 hours of Board-approved continuing professional education, which shall include an emergency office procedures course during the two-year licensing period preceding renewal.
(g) Dental assistants. To renew a registration, a dental assistant shall meet the requirements established by the Board by rule. (Added 2011, No. 116 (Adj. Sess.), § 13; amended 2015, No. 161 (Adj. Sess.), § 2, eff. June 2, 2016.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 12 - Dentists, Dental Therapists, Dental Hygienists, and Dental Assistants › § 662. Fees

§ 662. Fees
(a) Applicants and persons regulated under this chapter shall pay the following fees:
(1) Application
(2) Biennial renewal
(b) The licensing fee for a dentist, dental therapist, or dental hygienist or the registration fee for a dental assistant who is otherwise eligible for licensure or registration and whose practice in this State will be limited to providing pro bono services at a free or reduced-fee clinic or similar setting approved by the Board shall be waived. (Added 2011, No. 116 (Adj. Sess.), § 13; amended 2015, No. 161 (Adj. Sess.), § 2, eff. June 2, 2016; 2019, No. 70, § 15; 2023, No. 77, § 24, eff. June 20, 2023.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 15 - Electricians and Electrical Installations › § 881. Definitions

§ 881. Definitions
As used in this chapter, unless the context clearly requires otherwise:
(1) “Board” means the Electricians’ Licensing Board created under this chapter.
(2) “Commissioner” means the Commissioner of Public Safety.
(3) “Complex structure” shall have the same meaning as the term “public building” as defined in 20 V.S.A. § 2900(8).
(4) “Electrical inspector” means a State electrical inspector employed pursuant to section 915 of this title.
(5) “Electrical installation” means wires, fixtures, or apparatus installed in a complex structure or at the construction site of such structure for the transmission and use of commercially supplied or privately generated electrical energy.
(6) “Electrician’s helper” means a person assisting in the construction, installation, or repair of an electrical installation under the direct supervision of a master or journeyman electrician who is present at the work site.
(7) “Legislative body” means the selectboard of a town, the board of aldermen or city council of a city, or the board of trustees of an incorporated village.
(8) “Municipal inspector” means an electrical inspector authorized to conduct municipal inspections pursuant to section 898 of this title.
(9) “Registered apprentice” means an apprentice registered with the Apprenticeship Division of the State Department of Labor for electrical training.
(10) “Work notice” means the notice required to be filed under this chapter by an electrician prior to commencement of electrical work. (Added 1969, No. 284 (Adj. Sess.), § 3; amended 1987, No. 274 (Adj. Sess.), § 1; 2003, No. 63, § 76, eff. June 11, 2003; 2003, No. 141 (Adj. Sess.), § 10a, eff. April 1, 2005; 2005, No. 8, § 8, eff. April 25, 2005; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 15 - Electricians and Electrical Installations › § 882. Exceptions

§ 882. Exceptions
This chapter does not apply to:
(1) The construction, installation, operation, repair, or maintenance of electrical installations that are used by a public utility in rendering its authorized service; nor to the installation, operation, repair, and wiring associated with telecommunication services and equipment used for the transmission of information by electricity regardless of the location of such electrical installations, equipment, or facilities.
(2) Electrical installations in ships, pipeline systems, railway rolling stock, automotive equipment, or portable sound equipment.
(3) The manufacture, testing, or repair of electrical equipment in the plant of the manufacturer of the equipment.
(4) The construction, repairs, or maintenance of buildings used exclusively for agricultural purposes on owner-occupied farms. (Added 1969, No. 284 (Adj. Sess.), § 3; amended 1983, No. 146 (Adj. Sess.), § 1, eff. April 11, 1984; 1987, No. 274 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 15 - Electricians and Electrical Installations › § 891. Rules adopted by Board

§ 891. Rules adopted by Board
The Electricians’ Licensing Board created under section 901 of this title may adopt, amend, revise, and repeal rules providing reasonable standards and requirements applicable to any electrical installation as defined in section 881 of this title, except as provided in sections 882 and 892 of this title. The Board, if it finds it practicable to do so, may adopt the provisions of a nationally recognized electrical code under authority of this section. (Added 1969, No. 284 (Adj. Sess.), § 3; amended 1987, No. 274 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 15 - Electricians and Electrical Installations › § 892. Work in progress

§ 892. Work in progress
Rules adopted under section 891 of this title are not applicable to the construction, repair, or replacement of any electrical installation if the work is commenced within 30 days following their adoption, or to electrical installations in any structure standing or in the process of construction at the time of their adoption. (Added 1969, No. 284, § 3; amended 1987, No. 274 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 15 - Electricians and Electrical Installations › § 894. Energizing installations

§ 894. Energizing installations
(a) A new electrical installation in or on a complex structure or an electrical installation used for the testing or construction of a complex structure shall not be connected or caused to be connected, to a source of electrical energy unless prior to such connection, either a temporary or a permanent energizing permit is issued for that installation by the Commissioner or an electrical inspector.
(b) This section shall not be construed to limit or interfere with a contractor’s right to receive payment for electrical work for which a certificate of completion has been granted. (Added 1969, No. 284 (Adj. Sess.), § 3; amended 1987, No. 274 (Adj. Sess.), § 6.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 15 - Electricians and Electrical Installations › § 895. Issuance of order by Commissioner

§ 895. Issuance of order by Commissioner
If the Commissioner finds a violation of the rules adopted under section 891 of this title or that the structure is not in substantial compliance with the safety requirements of the Department for that structure, the Commissioner may issue an order directing the owner of the premises in which the violation is found, or the owner’s agent and the person doing the work, to correct or remove the violation, withdraw validation of the work notice, or order the owner, any public utility, or any private party furnishing electricity to such installation to not connect or disconnect electrical energy from all or any portion of the electrical system until the cited violation is removed or corrected. The Commissioner may order any one or a combination of these options in order to effect compliance. (Added 1969, No. 284 (Adj. Sess.), § 3; amended 1987, No. 274 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 15 - Electricians and Electrical Installations › § 896. Request for reconsideration; appeals

§ 896. Request for reconsideration; appeals
A person aggrieved by a refusal to grant a certificate of completion under section 893 of this title or by an order under section 895 of this title may request that the Commissioner reconsider such refusal or order. A request for reconsideration shall be made in writing and shall be filed with the Commissioner within 15 days after receipt of written notice of such refusal or order. The Commissioner shall review the refusal or order within 30 days of the date the request for reconsideration is received. The Commissioner shall issue an order amending, modifying, or affirming the prior refusal or order as circumstances require within 30 days of the date of the review. A person aggrieved by the Commissioner’s decision under this section may appeal to the Superior Court, which shall hear the matter de novo. (Added 1969, No. 284 (Adj. Sess.), § 3; amended 1987, No. 274 (Adj. Sess.), § 8.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 15 - Electricians and Electrical Installations › § 897. Administrative penalties; enforcement; liability

§ 897. Administrative penalties; enforcement; liability
(a) The Commissioner may, after notice and an opportunity for a hearing, assess an administrative penalty of not more than $1,000.00 for each violation against a person who violates any rule adopted under this subchapter, or any order lawfully issued under this subchapter. Penalties assessed under this section shall be based on the severity of the violation according to rules adopted by the Commissioner.
(b) The Superior Court for the county in which occurs a violation of any rule adopted or any order lawfully issued under this subchapter, on application by the Commissioner shall have jurisdiction to issue an order enjoining or restraining such violation. However, an election by the Commissioner to proceed under this subsection shall not limit or restrict the Commissioner’s authority to assess an administrative penalty under subsection (a) of this section.
(c) Violation of any rule adopted under this subchapter shall be prima facie evidence of negligence in any civil action for damage or injury that is the result of the violation. (Added 1969, No. 284 (Adj. Sess.), § 3; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1987, No. 274 (Adj. Sess.), § 9.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 15 - Electricians and Electrical Installations › § 899. Private inspections

§ 899. Private inspections
(a) Upon a determination that the resources of the State and the municipality are insufficient to provide the approval or inspection services required by this chapter, the Commissioner may assign responsibility for inspecting electrical installations on its own premises to a private corporation, partnership, or sole proprietorship that has an ongoing need for services. Applications to conduct private inspections under this section shall be in the manner prescribed by the Commissioner.
(b) The Commissioner may grant an application under this section if he or she determines that the applicant has the ability to carry out inspections. The Commissioner shall consider at least the following factors:
(1) the size of the facility;
(2) self-insurance or other indication of incentive and motivation for safety;
(3) whether the applicant’s training program for inspectors and inspection procedures are at least equivalent to the State’s program and procedures.
(c) A person authorized to perform private inspections under this section shall:
(1) participate in State-sponsored training programs;
(2) file monthly reports with the Commissioner containing the number and type of inspections, electrical installations, violations for that month, and the license numbers of the electrical contractors performing work;
(3) permit electrical inspectors to perform random inspections of the applicant’s facility;
(4) pay the Department an annual flat fee. The amount of the fee shall be negotiated by the Department and the applicant and shall take into consideration the cost to the applicant of conducting private inspections. The fee shall not exceed the fee established under section 893 of this title.
(d) The Commissioner may revoke an approval to conduct private inspections whenever the Commissioner determines that the training program is insufficient or that the business has failed to comply with the provisions of subdivisions (c)(1)-(3) of this section. (Added 1987, No. 274 (Adj. Sess.), § 11.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 15 - Electricians and Electrical Installations › § 901. Electricians’ Licensing Board; membership; powers

§ 901. Electricians’ Licensing Board; membership; powers
(a) Creation. A board for the licensing of electricians is created, to be known as the “Electricians’ Licensing Board.”
(b) Membership. The Board consists of the Commissioner of Public Safety or a member of that Department designated by the Commissioner and four persons appointed by the Governor with the advice and consent of the Senate.
(1) The four appointed members shall serve for terms of three years, beginning on July 1 in the year of appointment, and they shall include one licensed master electrician, one licensed journeyman electrician, one person associated with the public electrical utility industry who is knowledgeable in technical as well as operational issues of the electrical utility industry, and one person associated with the fire insurance industry.
(2) Not more than two appointed members’ terms shall expire in the same year.
(3) The Governor shall appoint one of the members of the Board to serve as its chair.
(c) Continuing education; sunset review.
(1) Not less than once every five years, the Board shall review electricians’ continuing education or other continuing competency requirements. The review results shall be in writing and address the following:
(A) the renewal requirements for electricians;
(B) the renewal requirements in other jurisdictions, particularly in the Northeast region;
(C) the cost of the renewal requirements for electricians;
(D) an analysis of the utility and effectiveness of the renewal requirements with respect to public protection; and
(E) recommendations to the Commissioner on whether the continuing education or other continuing competency requirements should be modified.
(2) The Commissioner shall respond to the Board within 45 days of its submitted review results. The Commissioner may require the Board to reduce, modify, or otherwise change the renewal requirements, including by proposing any necessary amendments to statute or rule. (Added 1969, No. 284 (Adj. Sess.), § 3; amended 1971, No. 14, § 14, eff. March 11, 1971; 1987, No. 274 (Adj. Sess.), § 12; 1993, No. 218 (Adj. Sess.), § 1; 2005, No. 8, § 9, eff. April 25, 2005; No. 152 (Adj. Sess.), § 11, eff. April 1, 2021; 2019, No. 178 (Adj. Sess.), § 36, eff. July 1, 2021.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 15 - Electricians and Electrical Installations › § 902. Master electricians

§ 902. Master electricians
(a) To be eligible for licensure as a master electrician, an applicant shall:
(1) have been licensed as a journeyman electrician under this chapter for at least two years; or
(2) have had comparable experience and training, within or without this State, acceptable to the Board; and
(3) pass an examination to the satisfaction of the Board.
(b) Upon successful completion of the examination and payment of the required fee, the applicant shall receive a master electrician’s license in the form of a wallet-size card. This license shall be carried by the master electrician at all times while performing his or her trade and shall be displayed upon request. Upon the request by the licensee and upon payment of the required fee, the Board shall issue a license certificate suitable for framing.
(c) A person licensed under this chapter as a master electrician is entitled to design, install, repair, maintain, and replace electrical installations including lightning rods, fire alarms, and fire detection systems as his or her principal business or in the course of another business conducted by him or her, and may employ other persons licensed under this chapter or electrician’s helpers to perform work in connection with electrical installations under his or her direction. (Added 1969, No. 284 (Adj. Sess.), § 3; amended 1971, No. 42, § 1, eff. April 7, 1971; 1973, No. 214 (Adj. Sess.), § 25; 1979, No. 121 (Adj. Sess.), § 4; 1987, No. 274 (Adj. Sess.), § 13.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 15 - Electricians and Electrical Installations › § 903. Journeyman electricians

§ 903. Journeyman electricians
(a) To be eligible for licensure as a journeyman electrician an applicant shall:
(1) provide verification by the Vermont Apprenticeship Council of completion of an apprenticeship in electrical wiring that included both instruction and practice in work processes; or
(2) have had equivalent training and experience, within or outside this State, acceptable to the Board; and
(3) pass an examination to the satisfaction of the Board.
(b) Upon successful completion of the examination and payment of the required fee, the applicant shall receive a journeyman electrician’s license in the form of a wallet-size card. This license shall be carried by the journeyman at all times while performing his or her trade and shall be displayed upon request. Upon request by the licensee and payment of the required fee, the Board shall issue a license certificate suitable for framing.
(c) A person licensed under this chapter as a journeyman electrician is entitled to perform electrical installations under the direction of a master electrician, and may supervise an apprentice electrician or an electrician’s helper employed by a master electrician under the master electrician’s direction. (Added 1969, No. 284 (Adj. Sess.), § 3; amended 1971, No. 42, § 2, eff. April 7, 1971; 1979, No. 121 (Adj. Sess.), § 5; 1987, No. 274 (Adj. Sess.), § 14; 2019, No. 131 (Adj. Sess.), § 274.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 15 - Electricians and Electrical Installations › § 904. Type-S journeyman electrician

§ 904. Type-S journeyman electrician
(a) To be eligible for licensure as a type-S journeyman an applicant shall:
(1) complete an accredited training and experience program recognized by the Board; or
(2) have had training and experience, within or without this State, acceptable to the Board; and
(3) pass an examination to the satisfaction of the Board in one or more of the following fields:
(A) automatic gas or oil heating;
(B) outdoor advertising;
(C) refrigeration or air conditioning;
(D) appliance and motor repairs;
(E) well pumps;
(F) farm equipment;
(G) any miscellaneous specified area of specialized competence.
(b) Upon successful completion of the examination and payment of the required fee for each field in which a license is to be issued, the applicant shall receive a license in the form of a wallet-size that which shall be carried at all times while performing his or her trade and shall be displayed upon request. Upon request of the licensee and upon payment of the required fee, the Board shall issue a license certificate suitable for framing. (Added 1969, No. 284 (Adj. Sess.), § 3; amended 1971, No. 42, § 3, eff. April 7, 1971; 1979, No. 121 (Adj. Sess.), § 6; 1987, No. 274 (Adj. Sess.), § 15.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 15 - Electricians and Electrical Installations › § 906. Examinations not required

§ 906. Examinations not required
(a) Generally. A license for an individual who is licensed by another state or who has received designation by the U.S. Armed Forces as a 12R electrician or equivalent shall be issued without examination as provided pursuant to this section on payment of the required fee.
(b)(1) Reciprocity. A master’s or journeyman’s license, as the case may be, shall be issued to a person to whom a master electrician’s license or a journeyman electrician’s license has been previously issued by another state, whose standards are equivalent to those of this State, if under the laws or regulations of the state issuing the license a similar privilege is granted to electricians licensed under the laws of this State.
(2) Uniform process for endorsement from other states.
(A) The Board shall issue a license to master and journeyman electricians who have been licensed in good standing in another jurisdiction within the United States for at least three years, regardless of whether that jurisdiction meets the reciprocity requirements of subdivision (1) of this subsection.
(B) If the Board determines that three years of demonstrated practice in another specific jurisdiction is not adequately protective of the public, it shall provide its rationale to the Commissioner, who may propose any necessary statutory or rule amendments in order to implement more restrictive requirements for endorsement for that jurisdiction.
(C) The Commissioner may issue to an endorsement applicant a waiver of the practice requirement if there is a showing that the waiver follows State policy and the public is adequately protected.
(c) Except as otherwise provided by law, a journeyman’s license shall be issued to a service member or veteran who:
(1) submits a complete application and any documentation required by the Board;
(2) has received designation by the U.S. Armed Forces as a 12R electrician or equivalent; and
(3) has completed a minimum of 8,000 hours and four years of active duty field work as a 12R electrician or equivalent.
(d) As used in this section:
(1) “Service member” means an individual who is an active member of:
(A) the U.S. Armed Forces;
(B) a reserve component of the U.S. Armed Forces;
(C) the U.S. Coast Guard; or
(D) the National Guard of any state.
(2) “Veteran” means a former service member who received an honorable discharge or a general discharge under honorable conditions from active duty not more than two years prior to submitting an application for licensure. (Added 1969, No. 284 (Adj. Sess.), § 3; amended 1987, No. 274 (Adj. Sess.), § 17; 2017, No. 119 (Adj. Sess.), § 1; 2019, No. 152 (Adj. Sess.), § 13, eff. April 1, 2021.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 15 - Electricians and Electrical Installations › § 907. Recognition of experience

§ 907. Recognition of experience
(a) The Board, in determining the qualifications of an applicant for a license, may in its discretion give recognition:
(1) in the case of an application for a master’s license, to the applicant’s experience as a licensed journeyman in another state;
(2) in the case of an application for a journeyman’s license, to an apprenticeship served in another state; or
(3) to experience or prior qualifications.
(b)(1) The Board, in determining the qualifications of a service member or veteran, as defined pursuant to section 906 of this subchapter, who is applying for a master’s license, shall give recognition to the applicant’s:
(A) experience as a 12R electrician or equivalent in the U.S. Armed Forces; and
(B) other experience or prior qualifications.
(2) The Board may evaluate specific military credentials to determine equivalency to credentials within the Board’s jurisdiction. The determinations shall be adopted through written policy that shall be posted on the Board’s website.
(c)(1) The Commissioner shall adopt rules in consultation with the Board that prescribe a process for the Commissioner to assess the equivalence of an applicant’s professional credentials earned outside the United States as compared to State licensing requirements for electricians.
(2) Any determination of equivalence by the Commissioner under this subsection shall be in consultation with the Board, recorded in the applicant’s licensing file, and binding upon the Board.
(3) In administering this section, the Board may rely upon third-party credential verification services. The cost of such services shall be paid by the applicant. (Added 1969, No. 284 (Adj. Sess.), § 3; amended 1973, No. 146 (Adj. Sess.), § 2, eff. March 11, 1974; 1987, No. 274 (Adj. Sess.), § 18; 2017, No. 119 (Adj. Sess.), § 2; 2019, No. 152 (Adj. Sess.), § 14, eff. April 1, 2021.)