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2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1311. Definitions

§ 1311. Definitions
As used in this chapter:
(1) “Practice of medicine” means:
(A) using the designation “Doctor,” “Doctor of Medicine,” “Physician,” “Dr.,” “M.D.,” or any combination thereof in the conduct of any occupation or profession pertaining to the prevention, diagnosis, or treatment of human disease or condition unless the designation additionally contains the description of another branch of the healing arts for which one holds a valid license in Vermont;
(B) advertising, holding out to the public, or representing in any manner that one is authorized to practice medicine in the jurisdiction;
(C) offering or undertaking to prescribe, order, give, or administer any drug or medicine for the use of any other person;
(D) offering or undertaking to prevent, diagnose, correct, or treat in any manner or by any means, methods, or devices any disease, illness, pain, wound, fracture, infirmity, defect, or abnormal physical or mental condition of any person, including the management of all aspects of pregnancy, labor and delivery, and postpartum care;
(E) offering or undertaking to perform any surgical operation upon any person;
(F) rendering a written or otherwise documented medical opinion concerning the diagnosis or treatment of a patient or the actual rendering of treatment to a patient within the State by a physician located outside the State as a result of the transmission of individual patient data by electronic or other means from within the State to the physician or his or her agent; or
(G) rendering a determination of medical necessity or a decision affecting the diagnosis or treatment of a patient.
(2) “Board” means the Board of Medical Practice established under section 1351 of this title.
(3) “License” means license to practice medicine and surgery in the State as defined in subchapter 3 of this chapter. “Licensee” includes any individual licensed or certified by the Board.
(4) “Medical director” means, for purposes of this chapter, a physician who is Board-certified or Board-eligible in his or her field of specialty, as determined by the American Board of Medical Specialties (ABMS), and who is charged by a health maintenance organization with responsibility for overseeing all clinical activities of the plan in this State, or his or her designee.
(5) “Health maintenance organization,” as used in this section, has the same meaning as in 18 V.S.A. § 9402(9).
(6) “Members” means members of the Board.
(7) “Secretary” means the secretary of the Board. (Amended 1975, No. 249 (Adj. Sess.), § 1; 1999, No. 133 (Adj. Sess.), § 49; 2001, No. 129 (Adj. Sess.), § 20, eff. June 13, 2002; 2003, No. 34, § 4, eff. May 23, 2003; 2009, No. 25, § 10; 2011, No. 61, § 2, eff. June 2, 2011; 2015, No. 97 (Adj. Sess.), § 60; 2019, No. 126 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1312. Faith cure; mind healing; laying on of hands

§ 1312. Faith cure; mind healing; laying on of hands
The provisions of this chapter shall apply to persons professing and attempting to cure disease by means of “faith cure,” “mind healing,” or “laying on of hands,” but shall not apply to persons who merely practice the religious tenets of their church without pretending a knowledge of medicine or surgery.
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1313. Exemptions

§ 1313. Exemptions
(a) The provisions of this chapter shall not apply to the following:
(1) A health care professional licensed or certified by the Office of Professional Regulation when that person is practicing within the scope of his or her profession.
(2) A member of the U.S. Armed Forces or National Guard carrying out official military duties, including a National Guard member in state active duty status, or to any person giving aid, assistance, or relief in emergency or accident cases, pending the arrival of a regularly licensed physician.
(3) A nonresident physician coming into this State to consult or using telecommunications to consult with a duly licensed practitioner herein.
(4) A duly licensed physician in another state, in Canada, or in another nation as approved by the Board, who is visiting a medical school or a teaching hospital in this State to receive or conduct medical instruction for a period not to exceed three months, provided the practice is limited to that instruction and is under the supervision of a physician licensed by the Board.
(5) A physician who is duly licensed and in good standing in another state, territory, or jurisdiction of the United States or in Canada if the physician is employed as or formally designated as the team physician by an athletic team visiting Vermont for a specific sporting event and the physician limits the practice of medicine in this State to medical treatment of the members, coaches, and staff of the sports team employing or designating the physician.
(6) A student who is enrolled in an accredited educational program that leads to the issuance of a degree that would satisfy the educational requirement for a profession licensed or certified by the Board, who is engaged in an organized clinical training program, and who engages in acts constituting the practice of medicine while under the supervision of a Vermont-licensed or Vermont-certified health care professional who is qualified to supervise any acts by the student that constitute the practice of medicine. This exemption does not apply to postgraduate trainees who are required to obtain a training license.
(b) The provisions of sections 1311 and 1312 of this title shall not apply to a person, firm, or corporation that manufactures or sells patent, compound, or proprietary medicines that are compounded according to the prescription of a physician who has been duly authorized to practice medicine, or to the domestic administration of family remedies. (Amended 1971, No. 221 (Adj. Sess.), § 2; 1995, No. 171 (Adj. Sess.), § 2; 2003, No. 34, § 14, eff. May 23, 2003; 2011, No. 61, § 2, eff. June 2, 2011; 2015, No. 94 (Adj. Sess.), § 2, eff. May 10, 2016; 2019, No. 126 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1314. Illegal practice

§ 1314. Illegal practice
(a) A person who, not being licensed, advertises or holds himself or herself out to the public as described in section 1311 of this title, or who, not being licensed, practices medicine as defined in section 1311 of this title, or who practices medicine under a fictitious or assumed name, or who impersonates another practitioner or who is not a licensed health care professional as defined in 18 V.S.A. § 5202 and signs a certificate of death for the purpose of burial or removal, shall be imprisoned not more than two years or fined not more than $10,000.00, or both.
(b) An action shall not be maintained by such person for the recovery of compensation for such services. (Amended 2011, No. 61, § 2, eff. June 2, 2011.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1364. References to the State Board of Medical Registration

§ 1364. References to the State Board of Medical Registration
The State Board of Medical Registration is abolished. All references in the Vermont Statutes Annotated to the State Board of Medical Registration shall be deemed from and after July 1, 1976, to refer to the State Board of Medical Practice. (Added 1975, No. 249 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1365. Notice of conviction of crime; interim suspension of license

§ 1365. Notice of conviction of crime; interim suspension of license
(a) The Board shall treat a notice of conviction of a crime for which a licensee may be disciplined under section 1354 of this title as an unprofessional conduct complaint. A certified copy of the judgment of conviction shall be conclusive evidence of the fact that the conviction occurred.
(b) Upon receipt of the certified copy of the judgment of conviction of a crime for which a licensee may be disciplined for unprofessional conduct, the Board may immediately suspend that person’s license until the time for appeal has elapsed and no appeal has been taken, or until the judgment of conviction has been affirmed on appeal or has otherwise become final, and until further order of the Board. The Board shall notify the licensee whose license has been suspended under this section and advise the licensee of his or her right to request a hearing, within 90 days. At such hearing, the licensee shall have the burden of showing why the suspension should not remain in effect pending appeal.
(c) The disciplinary hearing shall not be commenced until all appeals from the conviction are concluded unless the licensee requests that the matter not be deferred. The sole issue to be determined at such hearing shall be the nature of the disciplinary action to be taken by the Board.
(d) An interim suspension ordered under subsection (b) of this section shall automatically terminate if the licensee demonstrates that the conviction that served as the basis of the interim suspension has been reversed or vacated. However, a reversal or vacated conviction shall not prohibit the Board from pursuing disciplinary action based on any cause other than the overturned conviction. (Added 1995, No. 188 (Adj. Sess.), § 11; amended 2011, No. 61, § 2, eff. June 2, 2011; 2019, No. 126 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1366. Out-of-state discipline; interim suspension of license

§ 1366. Out-of-state discipline; interim suspension of license
(a) The Board shall treat a certified copy of an order revoking or suspending the license of a person licensed to practice medicine or surgery in another jurisdiction on grounds for which a licensee may be disciplined under subdivision 1354(a)(23) of this title as an unprofessional conduct complaint. A certified copy of the order of revocation or suspension shall be conclusive evidence of the fact that the revocation or suspension occurred.
(b) The Board shall treat as an unprofessional conduct complaint any notice of a statement of a licensing entity in another jurisdiction that verifies that a person licensed to practice medicine or surgery in that jurisdiction failed to renew, surrendered, or otherwise terminated his or her license during, or prior to initiation of, proceedings to revoke or suspend his or her license. A certified copy of the statement shall be conclusive evidence of the fact that such termination occurred.
(c) Upon receipt of the certified copy of an order or statement referred to in subsection (a) or (b) of this section, the Board shall follow the procedures for interim suspension set forth in subsection 1365(b) of this chapter.
(d) The sole issue to be determined at the disciplinary hearing on a complaint filed under subsection (a) of this section shall be the nature of the disciplinary action to be taken by the Board. (Added 1995, No. 188 (Adj. Sess.), § 12; 2019, No. 126 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1367. Appeals from Board orders

§ 1367. Appeals from Board orders
A party aggrieved by a final order of the Board may, within 30 days of the order, appeal that order to the Vermont Supreme Court on the basis of the record created before the Board. (Added 2001, No. 132 (Adj. Sess.), § 10, eff. June 13, 2002.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1370. Complaints; investigative committee

§ 1370. Complaints; investigative committee
(a)(1) Any individual, organization, or public officer may submit a written complaint to the Board alleging that any individual practicing medicine in the State committed unprofessional conduct or that an individual practiced without being licensed in violation of section 1314 of this chapter. The complaint shall specify the grounds on which the allegations of unprofessional conduct are based.
(2) A person or organization shall not be liable in a civil action for damages resulting from the good faith reporting of information to the Board about alleged incompetent, unprofessional, or unlawful conduct of a licensee.
(b)(1) The Board shall initiate an investigation of the individual complained against whenever a complaint is received. The Board may also act on its own initiative without having received a complaint.
(2) The Executive Director shall designate three or more members, including at least one public member, to serve as an investigative committee to investigate and report to the Board its findings regarding the complaint and whether an evidentiary hearing is warranted. If there is an insufficient number of members to investigate a complaint by reason of disqualification, resignation, vacancy, or necessary absence, the Commissioner of Health may, at the request of the Board, appoint ad hoc members to serve on the investigative committee for that matter only.
(3) If the investigative committee determines that an evidentiary hearing is warranted, the Executive Director shall prepare a specification of the charge or charges of unprofessional conduct made against the individual licensed by the Board, a copy of which shall be served upon the subject of the charge or charges, together with the notice of hearing set forth in subsection 1372(b) of this chapter. (Added 2019, No. 126 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1371. Access to documents; discovery

§ 1371. Access to documents; discovery
(a)(1) A licensee who is notified that a specification of one or more charges of unprofessional conduct have been made against the individual in accordance with subdivision 1370(b)(3) of this chapter shall be entitled to inspect and copy all information in the possession of the Department of Health pertaining to the licensee, except:
(A) investigatory files that have not resulted in charges of unprofessional conduct;
(B) materials that constitute attorney work product; and
(C) any other document or information that the Board has an obligation to protect from disclosure.
(2) The Executive Director shall notify the licensee of the right to inspect and copy information as provided in subsection 1372(b) of this chapter.
(b) A licensee who is notified that a specification of one or more charges of unprofessional conduct have been made against the individual in accordance with subdivision 1370(b)(3) of this chapter shall be entitled to produce fact witnesses, expert witnesses, and evidence on the licensee’s own behalf, to cross-examine witnesses testifying against the licensee, and to engage in other methods of discovery as set forth by order of the Board or its hearing officer.
(c) A licensee who is notified that a specification of one or more charges of unprofessional conduct have been made against the individual in accordance with subdivision 1370(b)(3) of this chapter shall be entitled to request to depose witnesses by motion to the Board or its hearing officer. Any deposition so ordered shall be subject to:
(1) the provisions of section 1376 of this chapter, relating to confidentiality and the inadmissibility of certain evidence;
(2) limitations or conditions necessary to protect witnesses who are minors or who are adults subject to a guardianship or conservatorship; and
(3) such other reasonable limitations as the Board or its hearing officer may provide in the interests of justice and consistent with the provisions of 3 V.S.A. § 810, relating to rules of evidence and official notice in contested cases. (Added 2019, No. 126 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1372. Hearing panel

§ 1372. Hearing panel
(a) Composition of hearing panel.
(1) The Executive Director may designate a hearing panel constituting less than a quorum of the Board to conduct hearings that would otherwise be heard by the full Board. A hearing panel shall consist of at least three members, including at least one physician member of the Board and at least one public member of the Board. No member of the hearing panel shall have been a member of the investigative committee that reviewed the matter at the investigative stage. A party may move to disqualify a member of a hearing panel due to a conflict of interest.
(2) If there is an insufficient number of members to serve on a hearing panel by reason of disqualification, resignation, vacancy, or necessary absence, the Commissioner of Health may, at the request of the Board, appoint ad hoc members to serve on the hearing panel for that matter only.
(b) Time and notice of hearing.
(1) The Executive Director or a hearing officer shall set a time for the evidentiary hearing as soon as convenient following the determination by the investigative committee that an evidentiary hearing is warranted, subject to the discovery needs of the parties as established in any prehearing or discovery conference or in any orders regulating discovery and depositions, or both, but no earlier than 30 days after service of the charge upon the individual complained against. A party may file motions to extend the time of the hearing for good cause.
(2) The Executive Director shall issue a notice of the evidentiary hearing on the charges, which notice shall specify the time and place of the hearing and shall notify the individual complained against that he or she may file with the Executive Director a written response within 20 days of the date of service. The notice shall also notify the individual complained against that a record of the proceeding will be kept, that he or she will have the right to inspect and copy information as set forth in section 1371 of this chapter, and that he or she will have the opportunity to appear personally and to have counsel present, with the right to produce witnesses and evidence on his or her own behalf, to cross-examine witnesses testifying against him or her, and to examine such documentary evidence as may be produced against him or her.
(c) Hearing panel report. Within 60 days after holding an evidentiary hearing under this section, unless the Board grants an extension, the hearing panel shall provide a written report of its findings of fact and its recommendations to the full Board, with a transcript of the evidence. (Added 2019, No. 126 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1373. Hearing before the Board

§ 1373. Hearing before the Board
(a) If the Board deems it necessary, following receipt of the report of the hearing panel pursuant to section 1372 of this chapter and after further notice to the individual complained against, the Board may take additional evidence at a hearing before the Board, which shall be conducted according to the same process as provided for the hearing panel.
(b)(1) Five members of the Board, including at least one physician member and at least one public member, shall constitute a quorum for purposes of this section.
(2) Members of the investigative committee designated pursuant to section 1370 of this chapter shall not sit with the Board when it conducts hearings under this section. (Added 2019, No. 126 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1374. Decision and order

§ 1374. Decision and order
(a) Regardless of whether the Board makes its determination on the findings of the hearing panel pursuant to section 1372 of this chapter alone, on the findings of the hearing panel as supplemented by a hearing before the Board pursuant to section 1373 of this chapter, or on its own findings, the Board shall render its decision on the merits of the charge or charges on the basis of the evidence in the record before it.
(b)(1) If a majority of the members of the Board present and voting find that the individual complained against committed unprofessional conduct as specified in one or more of the charges, the Board shall prepare written findings of fact, conclusions, and an order, copies of which shall be served upon the individual complained against.
(A) In its order, the Board may do one or more of the following:
(i) reprimand the individual complained against;
(iii) take such other action relating to discipline or practice as the Board determines appropriate, including imposing an administrative penalty of not more than $1,000.00 for each act that constitutes an unprofessional conduct violation.
(ii) condition, limit, suspend, or revoke the license, certificate, or practice of the individual complained against; or
(B) Any monies received from the imposition of an administrative penalty imposed pursuant to this subdivision (2) shall be deposited into the Board of Medical Practice Regulatory Fee Fund for the purpose of providing education and training for Board members and licensees. The Commissioner of Health’s accounting under section 1351 of this chapter shall detail the receipts of administrative penalties and the purposes for which such monies were used.
(c) If the Board finds the individual complained against not guilty of the charge or charges, or the charges against the individual are dismissed, the Board shall promptly order a dismissal of the charges and issue a statement that the charges were not proved.
(d) Any order issued by the Board under this section shall be in full force and effect until further order of the Board or of a court of competent jurisdiction. (Added 2019, No. 126 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1375. Subpoenas; contempt

§ 1375. Subpoenas; contempt
(a) The Board may issue subpoenas to compel the attendance of witnesses at any investigation or hearing.
(b) The Board shall issue subpoenas on behalf of the individual complained against at the request of such person. (Added 2019, No. 126 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1376. Confidentiality; inadmissibility of certain evidence

§ 1376. Confidentiality; inadmissibility of certain evidence
(a) A hearing panel or the Board, or both, may close portions of a hearing or hearings to the public if the panel or Board deems it appropriate in order to protect the confidentiality of an individual or for medical and other protected health information pertaining to any identifiable person that is otherwise confidential under State or federal law.
(b) In any proceeding under section 1372 or 1373 of this chapter that addresses an applicant’s or licensee’s alleged sexual misconduct, evidence of the sexual history of a victim of the alleged sexual misconduct shall neither be subject to discovery nor be admitted into evidence. Neither opinion evidence nor evidence of the reputation of a victim’s sexual conduct shall be admitted. At the request of a victim, a hearing panel or the Board may close portions of hearings to the public if the panel or Board deems it appropriate in order to protect the identity of a victim and the confidentiality of his or her medical records. (Added 2019, No. 126 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1377. Nondisciplinary financial penalty

§ 1377. Nondisciplinary financial penalty
(a) For violations of statutes and Board rules of an administrative nature, the Board may, in its sole discretion, elect to offer a licensee the opportunity to pay a nondisciplinary financial penalty of not more than $250.00 for each instance of noncompliance. If the licensee accepts the offer and submits the required payment, the matter shall be considered to be closed in lieu of investigating the failure to comply with the rule or statute as unprofessional conduct.
(b) A matter closed by payment of a nondisciplinary financial penalty shall not be considered to be a disciplinary action, and the matter shall remain confidential in the manner of dismissed charges in accordance with section 1318 of this chapter.
(c) The Board shall not be required to offer the option of a nondisciplinary financial penalty in any particular case and may elect to process any matter as a disciplinary action.
(d) Any monies received from nondisciplinary financial penalties imposed pursuant to this section shall be deposited into the Board of Medical Practice Regulatory Fee Fund for the purpose of providing education and training for Board members and licensees. (Added 2019, No. 126 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1395. License by endorsement

§ 1395. License by endorsement
(a) The Board shall have an endorsement process for physician licensure that requires not more than three years of practice in good standing in another jurisdiction within the United States, regardless of whether that jurisdiction has licensing requirements substantially equal to those of this State, provided the applicant meets one of the following postgraduate training requirements:
(1) A graduate of a U.S. or Canadian medical school accredited by a body that is acceptable to the Board shall have successfully completed at least two years of postgraduate training in a U.S. or Canadian program accredited by an organization that is acceptable to the Board.
(2) A graduate of a Board-approved medical school outside the United States or Canada shall have successfully completed at least three years of postgraduate training in a U.S. or Canadian program accredited by an organization that is acceptable to the Board.
(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 Board 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. (Amended 1967, No. 307 (Adj. Sess.), § 2, eff. March 22, 1968; 1977, No. 91, § 3, eff. May 5, 1977; 1977, No. 259 (Adj. Sess.), § 4; 1989, No. 250 (Adj. Sess.), § 41; 2001, No. 151 (Adj. Sess.), § 19b, eff. June 13, 2002; 2011, No. 61, § 2, eff. June 2, 2011; 2017, No. 39, § 2; 2019, No. 152 (Adj. Sess.), § 17, eff. April 1, 2021.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1398. Refusal or revocation of licenses

§ 1398. Refusal or revocation of licenses
(a) The Board may refuse to issue a license or certificate to an applicant who applies to be licensed or certified under this chapter and who, by false or fraudulent representations, has obtained or sought to obtain practice in the profession, or by false or fraudulent representations in practice, has obtained or sought to obtain money or any other thing of value, or who assumes a name other than the applicant’s own for the purpose of misleading others, or for any other immoral, unprofessional, or dishonorable conduct.
(b) A license or certificate shall not be suspended, except as provided in section 1365 or 1366 of this chapter; revoked; or refused until the holder or applicant:
(1) is given a hearing before the Board using the same procedures as a hearing on disciplinary matters as set forth in sections 1372 through 1376 of this chapter;
(2) is offered and declines or fails to attend a hearing; or
(3) agrees to the action.
(c) In the event of a revocation, the holder of any license or certificate so revoked shall promptly relinquish the license or certificate to the Secretary of the Board. (Amended 1967, No. 307 (Adj. Sess.), § 3, eff. March 22, 1968; 2011, No. 61, § 2, eff. June 2, 2011; 2019, No. 126 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1402. Health maintenance organization; medical director

§ 1402. Health maintenance organization; medical director
A medical director who is a physician employed by a health maintenance organization in this State, which has individuals who have entered into contracts with a health maintenance organization for the provision of health care services, or on whose behalf such an arrangement has been made, shall possess a full and unrestricted license issued by the Board. (Added 1999, No. 133 (Adj. Sess.), § 50; amended 2001, No. 129 (Adj. Sess.), § 22, eff. June 13, 2002.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1403. Professional corporations; medicine

§ 1403. Professional corporations; medicine
A person licensed to practice medicine under this chapter may own shares in a professional corporation created under 11 V.S.A. chapter 4 that provides professional services in the medical and nursing professions. (Added 2007, No. 14, § 1, eff. May 2, 2007; amended 2011, No. 61, § 2, eff. June 2, 2011.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1404. Applicant for expedited licensure; fingerprint data

§ 1404. Applicant for expedited licensure; fingerprint data
(a) An applicant for expedited licensure pursuant to section 1420e of this chapter shall submit a full set of fingerprints to the Board for the purpose of obtaining State and federal criminal background checks pursuant to subdivision 1420e(b)(2) of this chapter. The Department of Public Safety may exchange fingerprint data with the Federal Bureau of Investigation.
(b) Communications between the Board and the Interstate Medical Licensure Compact Commission regarding verification of physician eligibility for licensure under the Interstate Medical Licensure Compact shall not include any information received from the Federal Bureau of Investigation related to State and federal criminal background checks performed for the purposes of subdivision 1420e(b)(2) of this chapter. (Added 2017, No. 115 (Adj. Sess.), § 3, eff. Jan. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1420. Interstate Medical Licensure Compact; adoption

§ 1420. Interstate Medical Licensure Compact; adoption
This subchapter is the Vermont adoption of the Interstate Medical Licensure Compact as revised by the Interstate Medical Licensure Compact Commission. The form, format, and text of the compact have been conformed to the conventions of the Vermont Statutes Annotated. It is the intent of the General Assembly that this subchapter be interpreted as substantively the same as the Interstate Medical Licensure Compact that is enacted by other member states. (Added 2017, No. 115 (Adj. Sess.), § 1, eff. Jan. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1420a. Purpose

§ 1420a. Purpose
In order to strengthen access to health care, and in recognition of the advances in the delivery of health care, the member states of the Interstate Medical Licensure Compact have allied in common purpose to develop a comprehensive process that complements the existing licensing and regulatory authority of state medical boards and provides a streamlined process that allows physicians to become licensed in multiple states, thereby enhancing the portability of a medical license and ensuring the safety of patients. The Compact creates another pathway for licensure and does not otherwise change a state’s existing Medical Practice Act. The Compact also adopts the prevailing standard for licensure and affirms that the practice of medicine occurs where the patient is located at the time of the physician-patient encounter, and therefore, requires the physician to be under the jurisdiction of the state medical board where the patient is located. State medical boards that participate in the Compact retain the jurisdiction to impose an adverse action against a license to practice medicine in that state issued to a physician through the procedures in the Compact. (Added 2017, No. 115 (Adj. Sess.), § 1, eff. Jan. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1420c. Eligibility

§ 1420c. Eligibility
(a) A physician must meet the eligibility requirements as defined in subdivision 1420b(11) of this subchapter to receive an expedited license under the terms and provisions of the Compact.
(b) A physician who does not meet the requirements of subdivision 1420b(11) of this subchapter may obtain a license to practice medicine in a member state if the individual complies with all laws and requirements, other than the Compact, relating to the issuance of a license to practice medicine in that state. (Added 2017, No. 115 (Adj. Sess.), § 1, eff. Jan. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1420d. Designation of state of principal license

§ 1420d. Designation of state of principal license
(a) A physician shall designate a member state as the state of principal license for purposes of registration for expedited licensure through the Compact if the physician possesses a full and unrestricted license to practice medicine in that state, and the state is:
(1) the state of primary residence for the physician;
(2) the state where at least 25 percent of the practice of medicine occurs;
(3) the location of the physician’s employer; or
(4) if no state qualifies under subdivision (1), (2), or (3) of this subsection, the state designated as state of residence for purpose of federal income tax.
(b) A physician may redesignate a member state as state of principal license at any time, as long as the state meets the requirements in subsection (a) of this section.
(c) The Interstate Commission is authorized to develop rules to facilitate redesignation of another member state as the state of principal license. (Added 2017, No. 115 (Adj. Sess.), § 1, eff. Jan. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1420e. Application and issuance of expedited licensure

§ 1420e. Application and issuance of expedited licensure
(a) A physician seeking licensure through the Compact shall file an application for an expedited license with the member board of the state selected by the physician as the state of principal license.
(b) Upon receipt of an application for an expedited license, the member board within the state selected as the state of principal license shall evaluate whether the physician is eligible for expedited licensure and issue a letter of qualification, verifying or denying the physician’s eligibility, to the Interstate Commission.
(1) Static qualifications, which include verification of medical education, graduate medical education, results of any medical or licensing examination, and other qualifications as determined by the Interstate Commission through rule, shall not be subject to additional primary source verification where already primary source verified by the state of principal license.
(2) The member board within the state selected as the state of principal license shall, in the course of verifying eligibility, perform a criminal background check of an applicant, including the use of the results of fingerprint or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, with the exception of federal employees who have suitability determination in accordance with 5 C.F.R. § 731.202.
(3) Appeal on the determination of eligibility shall be made to the member state where the application was filed and shall be subject to the law of that state.
(c) Upon verification in subsection (b) of this section, physicians eligible for an expedited license shall complete the registration process established by the Interstate Commission to receive a license in a member state selected pursuant to subsection (a) of this section, including the payment of any applicable fees.
(d) After receiving verification of eligibility under subsection (b) and any fees under subsection (c) of this section, a member board shall issue an expedited license to the physician. This license shall authorize the physician to practice medicine in the issuing state consistent with the Medical Practice Act and all applicable laws and regulations of the issuing member board and member state.
(e) An expedited license shall be valid for a period consistent with the licensure period in the member state and in the same manner as required for other physicians holding a full and unrestricted license within the member state.
(f) An expedited license obtained through the Compact shall be terminated if a physician fails to maintain a license in the state of principal licensure for a nondisciplinary reason, without redesignation of a new state of principal licensure.
(g) The Interstate Commission is authorized to develop rules regarding the application process, including payment of any applicable fees, and the issuance of an expedited license. (Added 2017, No. 115 (Adj. Sess.), § 1, eff. Jan. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1420f. Fees for expedited licensure

§ 1420f. Fees for expedited licensure
(a) A member state issuing an expedited license authorizing the practice of medicine in that state may impose a fee for a license issued or renewed through the Compact.
(b) The Interstate Commission is authorized to develop rules regarding fees for expedited licenses. (Added 2017, No. 115 (Adj. Sess.), § 1, eff. Jan. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1420g. Renewal and continued participation

§ 1420g. Renewal and continued participation
(a) A physician seeking to renew an expedited license granted in a member state shall complete a renewal process with the Interstate Commission if the physician:
(1) maintains a full and unrestricted license in a state of principal license;
(2) has not been convicted, received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense by a court of appropriate jurisdiction;
(3) has not had a license authorizing the practice of medicine subject to discipline by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to nonpayment of fees related to a license; and
(4) has not had a controlled substance license or permit suspended or revoked by a state or the U.S. Drug Enforcement Administration.
(b) Physicians shall comply with all continuing professional development or continuing medical education requirements for renewal of a license issued by a member state.
(c) The Interstate Commission shall collect any renewal fees charged for the renewal of a license and distribute the fees to the applicable member board.
(d) Upon receipt of any renewal fees collected in subsection (c) of this section, a member board shall renew the physician’s license.
(e) Physician information collected by the Interstate Commission during the renewal process will be distributed to all member boards.
(f) The Interstate Commission is authorized to develop rules to address renewal of licenses obtained through the Compact. (Added 2017, No. 115 (Adj. Sess.), § 1, eff. Jan. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1420h. Coordinated information system

§ 1420h. Coordinated information system
(a) The Interstate Commission shall establish a database of all physicians licensed or who have applied for licensure under section 1420e of this subchapter.
(b) Notwithstanding any other provision of law, member boards shall report to the Interstate Commission any public action or complaints against a licensed physician who has applied or received an expedited license through the Compact.
(c) Member boards shall report disciplinary or investigatory information determined as necessary and proper by rule of the Interstate Commission.
(d) Member boards may report any nonpublic complaint, disciplinary, or investigatory information not required by subsection (c) of this section to the Interstate Commission.
(e) Member boards shall share complaint or disciplinary information about a physician upon request of another member board.
(f) All information provided to the Interstate Commission or distributed by member boards shall be confidential, filed under seal, and used only for investigatory or disciplinary matters.
(g) The Interstate Commission is authorized to develop rules for mandated or discretionary sharing of information by member boards. (Added 2017, No. 115 (Adj. Sess.), § 1, eff. Jan. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1420i. Joint investigations

§ 1420i. Joint investigations
(a) Licensure and disciplinary records of physicians are deemed investigative.
(b) In addition to the authority granted to a member board by its respective Medical Practice Act or other applicable state law, a member board may participate with other member boards in joint investigations of physicians licensed by the member boards.
(c) A subpoena issued by a member state shall be enforceable in other member states.
(d) Member boards may share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.
(e) Any member state may investigate actual or alleged violations of the statutes authorizing the practice of medicine in any other member state in which a physician holds a license to practice medicine. (Added 2017, No. 115 (Adj. Sess.), § 1, eff. Jan. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1420j. Disciplinary actions

§ 1420j. Disciplinary actions
(a) Any disciplinary action taken by any member board against a physician licensed through the Compact shall be deemed unprofessional conduct that may be subject to discipline by other member boards, in addition to any violation of the Medical Practice Act or regulations in that state.
(b) If a license granted to a physician by the member board in the state of principal license is revoked, surrendered or relinquished in lieu of discipline, or suspended, then all licenses issued to the physician by member boards shall automatically be placed, without further action necessary by any member board, on the same status. If the member board in the state of principal license subsequently reinstates the physician’s license, a license issued to the physician by any other member board shall remain encumbered until that respective member board takes action to reinstate the license in a manner consistent with the Medical Practice Act of that state.
(c) If disciplinary action is taken against a physician by a member board not in the state of principal license, any other member board may deem the action conclusive as to matter of law and fact decided, and:
(1) impose the same or lesser sanction or sanctions against the physician so long as such sanctions are consistent with the Medical Practice Act of that state; or
(2) pursue separate disciplinary action against the physician under its respective Medical Practice Act, regardless of the action taken in other member states.
(d) If a license granted to a physician by a member board is revoked, surrendered or relinquished in lieu of discipline, or suspended, then any license or licenses issued to the physician by any other member board shall be suspended, automatically and immediately without further action necessary by the other member boards, for 90 days upon entry of the order by the disciplining board, to permit the member boards to investigate the basis for the action under the Medical Practice Act of that state. A member board may terminate the automatic suspension of the license it issued prior to the completion of the 90-day suspension period in a manner consistent with the Medical Practice Act of that state. (Added 2017, No. 115 (Adj. Sess.), § 1, eff. Jan. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1420l. Powers and duties of the Interstate Commission

§ 1420l. Powers and duties of the Interstate Commission
The Interstate Commission shall have a duty and power to:
(1) Oversee and maintain the administration of the Compact;
(2) Promulgate rules that shall be binding to the extent and in the manner provided for in the Compact;
(3) Issue, upon the request of a member state or member board, advisory opinions concerning the meaning or interpretation of the Compact, its bylaws, rules, and actions;
(4) Enforce compliance with Compact provisions, the rules promulgated by the Interstate Commission, and the bylaws, using all necessary and proper means, including but not limited to the use of judicial process;
(5) Establish and appoint committees including, but not limited to, an executive committee as required by section 1420k of this subchapter, which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties;
(6) Pay or provide for the payment of the expenses related to the establishment, organization, and ongoing activities of the Interstate Commission;
(7) Establish and maintain one or more offices;
(8) Borrow, accept, hire, or contract for services of personnel;
(9) Purchase and maintain insurance and bonds;
(10) Employ an executive director who shall have such powers to employ, select, or appoint employees, agents, or consultants and to determine their qualifications, define their duties, and fix their compensation;
(11) Establish personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel;
(12) Accept donations and grants of money, equipment, supplies, materials, and services and to receive, utilize, and dispose of it in a manner consistent with the conflict-of-interest policies established by the Interstate Commission;
(13) Lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use, any property, real, personal, or mixed;
(14) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;
(15) Establish a budget and make expenditures;
(16) Adopt a seal and bylaws governing the management and operation of the Interstate Commission;
(17) Report annually to the legislatures and governors of the member states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include reports of financial audits and any recommendations that may have been adopted by the Interstate Commission;
(18) Coordinate education, training, and public awareness regarding the Compact, its implementation, and its operation;
(19) Maintain records in accordance with the bylaws;
(20) Seek and obtain trademarks, copyrights, and patents; and
(21) Perform such functions as may be necessary or appropriate to achieve the purposes of the Compact. (Added 2017, No. 115 (Adj. Sess.), § 1, eff. Jan. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1420m. Finance powers

§ 1420m. Finance powers
(a) The Interstate Commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff. The total assessment must be sufficient to cover the annual budget approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated upon a formula to be determined by the Interstate Commission, which shall promulgate a rule binding upon all member states.
(b) The Interstate Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same.
(c) The Interstate Commission shall not pledge the credit of any of the member states, except by, and with the authority of, the member state.
(d) The Interstate Commission shall be subject to a yearly financial audit conducted by a certified or licensed public accountant and the report of the audit shall be included in the annual report of the Interstate Commission. (Added 2017, No. 115 (Adj. Sess.), § 1, eff. Jan. 1, 2020.)