reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 46 - Landscape Architects › § 2623. Applications

§ 2623. Applications
Applications for licensure shall be on forms provided by the Director. Each application shall contain a statement under oath showing the applicant’s education, experience, and other pertinent information and shall be accompanied by the required fee. (Added 2009, No. 84 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 46 - Landscape Architects › § 2625. Licensure; generally

§ 2625. Licensure; generally
The Director shall issue a license, upon payment of the fees required in this chapter, to an applicant who has satisfactorily met all the requirements of this chapter. (Added 2009, No. 84 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 46 - Landscape Architects › § 2626. License renewal

§ 2626. License renewal
(a) A license shall be renewed every two years upon application and payment of the required fee. Failure to comply with the provisions of this section shall result in suspension of all privileges granted to the licensee, beginning on the expiration date of the license. A license that has lapsed shall be renewed upon payment of the biennial renewal fee and the late renewal penalty.
(b) The Director may adopt rules necessary for the protection of the public to assure the Director that an applicant whose license has lapsed or who has not worked for more than three years is professionally qualified. Conditions imposed under this subsection shall be in addition to the requirements of subsection (a) of this section. (Added 2009, No. 84 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 46 - Landscape Architects › § 2627. Fees

§ 2627. Fees
Applicants and persons regulated under this chapter shall pay those fees set forth in 3 V.S.A. § 125(b). (Added 2009, No. 84 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 46 - Landscape Architects › § 2628. Seal

§ 2628. Seal
Each licensed landscape architect shall obtain a seal of a design as the Director shall authorize and direct. Plans and specifications prepared by or under the direct supervision of a licensed landscape architect shall be stamped with the licensed landscape architect’s seal. (Added 2009, No. 84 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 47 - Opticians › § 2651. Definitions

§ 2651. Definitions
As used in this chapter:
(1) “Director” means the Director of the Office of Professional Regulation.
(2) “Optician” is a person who is qualified and licensed under this chapter to interpret and fill prescriptions of ophthalmologists or optometrists for ophthalmic lenses or repair and reproduce previously prepared ophthalmic lenses and frames, prepare and deliver work orders to technicians engaged in grinding lenses and fabricate eyewear, verify the accuracy of ophthalmic lenses, and adjust and disperse lenses, specially fabricated optical devices, frames, and appurtenances.
(3) “Optometrist” means a person licensed under chapter 30 of this title.
(4) “Ophthalmologist” means a licensed physician who has had special training in the field of ophthalmology.
(5) “Registered optician trainee” means a person registered as an optician trainee under this chapter. (Added 1973, No. 174 (Adj. Sess.), § 4; amended 2005, No. 27, § 74; 2005, No. 148 (Adj. Sess.), § 24.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 47 - Opticians › § 2652. Prohibitions

§ 2652. Prohibitions
(a) No person may engage in practice as an optician, or use any initials, letters, wording, abbreviations, or insignia used by an optician unless he or she is licensed under this chapter.
(b) A person may not seek or obtain a license or renewal by means of false or fraudulent actions or representations. (Added 1973, No. 174 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 47 - Opticians › § 2653. Exemptions

§ 2653. Exemptions
Nothing in this chapter shall prohibit:
(1) persons, firms, corporations, or others from supplying ophthalmic materials and supplies directly to licensed physicians, licensed optometrists, or opticians;
(2) the sales of magnifying glasses, goggles, nonprescription spectacles, sunglasses, telescopes, binoculars, or similar articles, when sold as merchandise at a regular established place of business;
(3) any person, firm, or corporation from employing or otherwise engaging the services of one or more opticians;
(4) any optician from practicing his or her occupation when the person, firm or corporation conducts his or her or its business in a permanently established place and in a manner which is in keeping with the limitations imposed upon individual opticians under this chapter;
(5) the employment of a person who only performs mechanical work upon inert matter in an optical office, laboratory, or shop. (Added 1973, No. 174 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 47 - Opticians › § 2654. Penalties

§ 2654. Penalties
Any person who violates a provision of section 2652 of this title shall be subject to the penalties provided in 3 V.S.A. § 127(c). (Added 1973, No. 174 (Adj. Sess.), § 4; amended 2007, No. 29, § 37.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 47 - Opticians › § 2661. Powers and duties of the Director

§ 2661. Powers and duties of the Director
(a) The Director shall:
(1) provide general information to applicants for licensure as opticians;
(2) explain appeal procedures to opticians and applicants and complaint procedures to the public;
(3) administer fees established by law;
(4) receive applications for licensure, issue licenses to applicants qualified under this chapter, deny or renew licenses, and issue, revoke, suspend, condition, and reinstate licenses as ordered by an administrative law officer;
(5) refer disciplinary matters for adjudication by an administrative law officer;
(6) conduct or specify examinations and pass upon the qualifications of applicants for reciprocal registration;
(7) conduct hearings as necessary for the issuance, renewal, or discipline of a license; and
(8) establish by rule standards of education required of applicants, as well as minimum standards for any school presenting a course for present or future opticians.
(b) The Director may, after consultation with the advisor appointees, adopt rules necessary to perform the Director’s duties under this chapter, including rules governing apprenticeship and continuing education. Rules adopted under this section shall not prohibit lawful advertising, the display of ophthalmic materials or merchandise, limit the place or location where opticians may practice, nor be designed to limit the number of opticians in the State. (Added 1973, No. 174 (Adj. Sess.), § 4; amended 2001, No. 129 (Adj. Sess.), § 26, eff. June 13, 2002; 2005, No. 27, § 75; 2005, No. 148 (Adj. Sess.), § 25; 2019, No. 30, § 17.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 47 - Opticians › § 2662. Advisor appointees

§ 2662. Advisor appointees
(a) The Secretary of State shall appoint two licensed opticians as set forth in 3 V.S.A. § 129b. One of the initial appointments may be for less than a five-year term. Appointees shall have not less than three years’ experience as an optician immediately preceding appointment and shall be actively engaged in optician practice in Vermont during incumbency.
(b) The Director shall seek the advice of the optician advisors in carrying out the provisions of this chapter. Advisor appointees shall be entitled to compensation and necessary expenses in the amount provided in 32 V.S.A. § 1010 for attendance at any meeting called by the Director for this purpose. (Added 1973, No. 174 (Adj. Sess.), § 4; amended 2005, No. 148 (Adj. Sess.), § 26.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 47 - Opticians › § 2671. Applications

§ 2671. Applications
Any person who desires to be licensed under this chapter shall submit an application as specified by the Director, accompanied by payment of the required fee. An applicant shall submit satisfactory proof that he or she meets the qualifications under section 2672 of this chapter. (Added 1973, No. 174 (Adj. Sess.), § 4; amended 1989, No. 250 (Adj. Sess.), § 60; 2005, No. 27, § 77; 2019, No. 30, § 17.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 47 - Opticians › § 2672. Qualifications

§ 2672. Qualifications
A person shall not be licensed under this chapter, except as otherwise provided in this chapter, unless he or she has obtained a high school education or its equivalent and:
(1) Education. Has completed:
(A) at least a two-year course of study in a school of ophthalmic dispensing approved by the Director or a school that is a candidate for accreditation by an accreditation agency approved by the U.S. Department of Education and by the Director;
(B) at least two years of practical training and experience, approved by the Director, under the supervision of a licensed optician, ophthalmologist, or optometrist; or
(C) the National Academy of Opticianry Ophthalmic Career Progression Program, including at least one year of practical training and experience, approved by the Director, under the supervision of a licensed optician, ophthalmologist, or optometrist; and
(2) Examination. Has passed an examination recognized by the Director that shall include assessment of competency in ophthalmic materials; laboratory, practical, and physiological optics; prescription interpretation; dispensing preparation; adjustment of lenses, spectacles, eyeglasses, prisms, tinted lenses, and appurtenances; the use of lensometers or equivalent instruments; adjusting instruments; and pupillary and facial measurements. (Added 1973, No. 174 (Adj. Sess.), § 4; amended 2005, No. 27, § 78; 2005, No. 148 (Adj. Sess.), § 28; 2019, No. 30, § 17.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 47 - Opticians › § 2674. Optician trainee; registration

§ 2674. Optician trainee; registration
(a) Any person entering into employment for the purpose of obtaining practical experience and skill as a licensed optician shall register as an optician trainee with the Office within 60 days of entering the employment. The computation of any period of training shall commence at the date of the registration.
(b) The application for registration shall be certified by the employer and by the applicant and accompanied by an application fee. The Office may issue to the applicant an optician trainee’s certificate. Every registered optician trainee who continues to act as an optician trainee shall, biennially, renew his or her optician trainee’s certificate of registration by paying a renewal fee.
(c) No optician may have more than two optician trainees under his or her supervision during any given period of time, nor shall any establishment employ more than two optician trainees for every full-time optician in its employment. An optician trainee must be under direct personal supervision of an optician, optometrist, or ophthalmologist. A supervisor shall provide direct personal supervision of an optician trainee, while the optician trainee is working, by being physically present for consultation or intervention on the premises where the trainee is working. Merely being available at another optical facility for consultation does not constitute direct personal supervision. (Added 1973, No. 174 (Adj. Sess.), § 4; amended 1989, No. 250 (Adj. Sess.), § 61; 1993, No. 190 (Adj. Sess.), § 5; 2005, No. 27, § 79; 2005, No. 148 (Adj. Sess.), § 30.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 47 - Opticians › § 2675. Examinations not required

§ 2675. Examinations not required
Licenses shall be issued without examination on application and upon payment of the required fee to an applicant who is an optician currently licensed in another state, territory, country, or province provided the requirements for the regulation or licensing of opticians in the other state, territory, country, or province are substantially equal to the requirements in force in this State. (Added 1973, No. 174 (Adj. Sess.), § 4; amended 1975, No. 111, § 3; 1989, No. 250 (Adj. Sess.), § 62; 1993, No. 108 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 47 - Opticians › § 2676. License; renewal; reinstatement

§ 2676. License; renewal; reinstatement
(a) A license issued under this chapter shall be valid for a period of two years. A person may renew the license biennially by payment of the renewal fee to the Office.
(b) Any person whose license expired, provided the period of expiration has been less than five years, may reinstate that license by paying the renewal fee plus the late renewal penalty.
(c) Licenses that have lapsed for more than five years may be reinstated by:
(1) demonstrating more than 1,000 hours’ licensed practice in another state over the preceding two years; or
(2) successfully completing the national licensing examination within one year prior to applying for reinstatement; and
(3) paying of the renewal fee and late renewal penalty. (Added 1973, No. 174 (Adj. Sess.), § 4; amended 1975, No. 111, § 4; 1983, No. 233 (Adj. Sess.), § 2; 1989, No. 250 (Adj. Sess.), § 63; 2005, No. 27, § 80; 2005, No. 148 (Adj. Sess.), § 31; 2007, No. 163 (Adj. Sess.), § 29.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 47 - Opticians › § 2677. Revocation; suspension and refusing of renewal of license

§ 2677. Revocation; suspension and refusing of renewal of license
The Director may, in his or her discretion, refuse to issue, suspend, revoke, or refuse to renew a license when the applicant or licensee engages in any of the following conduct or the conduct set forth in 3 V.S.A. § 129a:
(1) is guilty, upon the finding of a court of competent jurisdiction, of violating the provisions of this chapter;
(2) is incompetent to practice, by reason of addiction to alcohol, narcotics, or other habit-forming drugs;
(3) is guilty of fraud or deceit in practice as an optician;
(4) violates, induces others to violate, or cooperates with others in violating any of the rules and regulations of the profession;
(5) advertises in any manner that would tend to deceive or mislead the public, or engages in any form of house-to-house canvassing or soliciting for the sale of eyeglasses or other ophthalmic materials or services;
(6) participates in the division, assignment, rebate, or refund of fees or parts thereof in connection referrals from the prescriber; or
(7) originates, issues, alters, or changes in any way any optical prescription, or practices ocular refraction, orthoptics, or visual training, or offers to do so. (Added 1973, No. 174 (Adj. Sess.), § 4; amended 1997, No. 145 (Adj. Sess.), § 48; 2005, No. 148 (Adj. Sess.), § 32.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 51 - Radiology › § 2801. Definitions

§ 2801. Definitions
As used in this chapter:
(1) “Director” means the Director of the Office of Professional Regulation.
(2) “Practice of radiologic technology” means the practice of:
(A) radiography;
(B) nuclear medicine technology; or
(C) radiation therapy.
(3) “Practice of radiography” means the direct application of ionizing radiation to human beings.
(4) “Practice of nuclear medicine technology” means the act of giving a radioactive substance to a human being or the act of performing associated imaging procedures, or both.
(5) “Practice of radiation therapy” means the direct application of ionizing radiation to human beings for therapeutic purposes or the act of performing associated imaging procedures, or both.
(6) “Licensed practitioner” means a person licensed under this title to practice medicine, osteopathy, advanced practice registered nursing, dentistry, podiatry, naturopathic medicine, or chiropractic.
(7) “Financial interest” means being:
(A) a licensed practitioner of radiologic technology;
(B) a person who deals in goods and services that are uniquely related to the practice of radiologic technology; or
(C) a person who has invested anything of value in a business that provides radiologic technology services.
(8) “Unauthorized practice” means conduct prohibited by section 2802 of this chapter and not exempted by section 2803 of this chapter.
(9) “Direct supervision” means that the person being supervised remains in the physical presence of the supervisor at all times.
(10) “General supervision” means that the supervisor is readily available for consultation or intervention on the premises where radiologic technology services are being provided.
(11) “ARRT” means the American Registry of Radiologic Technologists.
(12) “NMTCB” means the Nuclear Medicine Technologist Certification Board.
(13) “Office” means the Office of Professional Regulation. (Added 1983, No. 230 (Adj. Sess.), § 1; amended 1991, No. 167 (Adj. Sess.), § 40; 1999, No. 52, § 15; 2011, No. 116 (Adj. Sess.), § 38; 2019, No. 30, § 18.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 51 - Radiology › § 2802. Prohibitions

§ 2802. Prohibitions
(a) [Repealed.]
(b) A person shall not practice radiologic technology unless he or she is licensed in accordance with the provisions of this chapter.
(c) A person shall not practice radiography without a license for radiography unless exempt under section 2803 of this chapter.
(d) [Repealed.]
(e) A person shall not practice nuclear medicine technology without a license for that purpose unless exempt under section 2803 of this chapter.
(f) A person shall not practice radiation therapy technology without a license for that purpose unless exempt under section 2803 of this chapter. (Added 1983, No. 230 (Adj. Sess.), § 1; amended 1991, No. 167 (Adj. Sess.), § 41; 1999, No. 52, § 16; 2011, No. 116 (Adj. Sess.), § 39; 2019, No. 30, § 18.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 51 - Radiology › § 2804. Competency requirement of certain licensed practitioners

§ 2804. Competency requirement of certain licensed practitioners
(a) Unless the requirements of subdivision 2803(1) of this chapter have been satisfied, a licensed practitioner shall not apply ionizing radiation to human beings without first having satisfied the Director of his or her competency to do so.
(b) The Director shall:
(1) consult with the appropriate licensing boards concerning suitable performance standards; and
(2) by rule, provide for periodic recertification of competency.
(c) A person subject to the provisions of this section shall be subject to the fees established under subdivisions 2814(4) and (5) of this chapter.
(d) This section does not apply to radiologists who are certified or eligible for certification by the American Board of Radiology, nuclear cardiologists who are certified or eligible for certification by the Certification Board of Nuclear Cardiology, or interventional cardiologists and electrophysiologists who are certified or eligible for certification by the American Board of Internal Medicine. (Added 1983, No. 230 (Adj. Sess.), § 1; amended 1991, No. 167 (Adj. Sess.), § 43; 1995, No. 171 (Adj. Sess.), § 5; 1999, No. 52, § 18; 1999, No. 133 (Adj. Sess.), § 20; 2011, No. 116 (Adj. Sess.), § 41; 2015, No. 38, § 28, eff. May 28, 2015; 2017, No. 48, § 19; 2019, No. 30, § 18.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 51 - Radiology › § 2805. Penalty and enforcement

§ 2805. Penalty and enforcement
A person found guilty of violating section 2802 or 2804 of this chapter shall be subject to the penalties provided in 3 V.S.A. § 127. (Added 1983, No. 230 (Adj. Sess.), § 1; amended 2007, No. 29, § 38; 2019, No. 30, § 18.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 51 - Radiology › § 2811. Regulation of radiologic technology; Director; advisor appointees

§ 2811. Regulation of radiologic technology; Director; advisor appointees
(a)(1) The Director shall administer the provisions of this chapter.
(2)(A) The Secretary of State shall appoint six persons of suitable qualifications in accordance with this section to advise the Director in matters concerning radiologic technology, radiologic safety, and the optimal administration of this chapter.
(B) The Secretary shall appoint the advisors for five-year staggered terms. Four of the initial appointments shall be for four-, three-, two-, and one-year terms.
(3) The Director shall consult the appointed advisors prior to exercising interpretive discretion, adopting or amending rules, and determining any substantial regulatory question presented in the course of administering this chapter.
(b) One advisor shall be a member of the public who has no financial interest in radiologic technology other than as a consumer or possible consumer of its services. The public member shall have no financial interest personally or through a spouse.
(c) One advisor shall be a radiologist certified by the American Board of Radiology.
(d) Three advisors shall be licensed under this chapter, one representing each of the three following primary modalities: radiography, nuclear medicine technology, and radiation therapy.
(e) One advisor shall be a representative from the radiological health program of the Vermont Department of Health.
(f) [Repealed.] (Added 1983, No. 230 (Adj. Sess.), § 1; amended 1989, No. 250 (Adj. Sess.), § 4; 1991, No. 167 (Adj. Sess.), § 44; 1997, No. 40, § 32; 2001, No. 151 (Adj. Sess.), § 26, eff. June 27, 2002; 2011, No. 116 (Adj. Sess.), § 42; 2019, No. 30, § 18.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 51 - Radiology › § 2812. Director; powers and duties

§ 2812. Director; powers and duties
(a) The Director shall adopt rules necessary for the effective administration of this chapter, including:
(1) a definition of the practice of radiologic technology, interpreting section 2801 of this chapter;
(2) qualifications for obtaining licensure, interpreting sections 2821a and 2821b of this chapter;
(3) explanations of appeal and other significant rights given to applicants and the public;
(4) procedures for disciplinary and reinstatement cases;
(5) [Repealed.]
(6) procedures for mandatory reporting of unsafe radiologic conditions or practices;
(7) procedures for continued competency evaluation;
(8) procedures for radiation safety;
(9) procedures for competency standards for license applications and renewals.
(b) The Director shall:
(1) [Repealed.]
(2) [Repealed.]
(3) investigate suspected unprofessional conduct;
(4) periodically determine whether a sufficient supply of good quality radiologic technology services is available in Vermont at a competitive and reasonable price and take suitable action, within the scope of the Office’s powers, to solve or bring public and professional attention to any problem that it finds in this area; and
(5) as a condition of renewal require that a licensee establish that he or she has completed a minimum of 24 hours of continuing education, the specific requirements of which may be specified by rule.
(c) The Director may:
(1) Refer cases of apparent improper radiologic technology practice to any occupational board with authority over the person concerned.
(2) Investigate suspected cases of unauthorized practice of radiologic technology, and refer any such case to the Office’s State prosecuting attorney, the Attorney General, or a State’s Attorney for possible prosecution and injunctive relief.
(3) Conduct hearings.
(4) Administer oaths and issue subpoenas.
(5) Issue orders relating to discovery in the same manner as a judge under the Vermont Rules of Civil Procedure, which may be enforced in the same manner as a subpoena.
(6) Adopt rules relating to the procedures to be followed in handling complaints and conducting hearings under this chapter.
(7) Receive assistance from the Attorney General or other State agencies, so long as the assistance is not contrary to any other State law.
(8)(A) Conduct a competency evaluation where radiographic services are performed by licensees and licensed practitioners required to demonstrate competency under section 2804 of this chapter to ensure that optimum radiologic technology practices are used to minimize patient and occupational radiation dose.
(B) The Director may contract with the Department of Health or others to perform evaluations under this subdivision (8). (Added 1983, No. 230 (Adj. Sess.), § 1; amended 1989, No. 250 (Adj. Sess.), § 4; 1991, No. 167 (Adj. Sess.) § 45; 1993, No. 108 (Adj. Sess.), § 12; 1999, No. 52, §§ 19, 20; 2011, No. 116 (Adj. Sess.), § 43; 2013, No. 27, § 32; 2019, No. 30, § 18.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 51 - Radiology › § 2814. Fees

§ 2814. Fees
Applicants and persons regulated under this chapter shall pay those fees set forth in 3 V.S.A. § 125(b). (Added 1983, No. 230 (Adj. Sess.), § 1; amended 1989, No. 250 (Adj. Sess.), § 65; 1991, No. 167 (Adj. Sess.), § 46; 1997, No. 59, § 60, eff. June 30, 1997; 1999, No. 49, § 180; 2001, No. 143 (Adj. Sess.), § 29, eff. June 21, 2002; 2011, No. 66, § 9, eff. June 1, 2011; 2011, No. 116 (Adj. Sess.), § 44; 2019, No. 70, § 21.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 51 - Radiology › § 2821a. License for primary modalities; common requirements

§ 2821a. License for primary modalities; common requirements
The Director shall recognize and follow the ARRT and the NMTCB primary certification process. The Director shall issue a license to practice in one of the following three primary modalities to any person who in addition to the other requirements of this section, has reached the age of majority and has completed preliminary education equivalent to at least four years of high school:
(1) Radiography. The Director shall issue a radiography license to any person who, in addition to meeting the general requirements of this section:
(A) has graduated from a radiologic technology training program offered by a school of radiologic technology approved by ARRT; and
(B) has obtained primary certification in radiography from ARRT.
(2) Nuclear medicine technology. The Director shall issue a nuclear medicine technology license to any person who, in addition to meeting the general requirements of this section:
(A) has graduated from a nuclear medicine technology program offered by a school of nuclear medicine technology approved by ARRT or NMTCB; and
(B) has obtained primary certification in nuclear medicine technology from ARRT or NMTCB.
(3) Radiation therapy. The Director shall issue a radiation therapy license to any person who, in addition to meeting the general requirements of this section:
(A) has graduated from a radiation therapy training program offered by a school of radiologic technology approved by ARRT; and
(B) has obtained primary certification in radiation therapy from the ARRT. (Added 2011, No. 116 (Adj. Sess.), § 47; amended 2019, No. 30, § 18.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 51 - Radiology › § 2821b. License for postprimary modalities

§ 2821b. License for postprimary modalities
(a) The Director shall recognize and follow the ARRT and NMTCB postprimary certification process in the following postprimary practice categories: mammography, computed tomography (CT), cardiac-interventional radiography, vascular-interventional radiography, and positron emission tomography (PET).
(b) In order for a licensee who has obtained one of the three primary ARRT or NMTCB certifications set forth in section 2821a of this subchapter to practice in one of the postprimary modalities set forth in subsection (a) of this section, the licensee must first obtain postprimary certification from ARRT or NMTCB for that category, except:
(1) a person with a primary license in radiation therapy may perform CT for treatment simulation; and
(2) a person with a primary license in nuclear medicine technology may perform CT for attenuation correction on hybrid imaging equipment, such as PET/CT and SPECT/CT scanners.
(c) In order to practice bone densitometry or apply ionizing radiation using bone densitometry equipment, a primary certification and license in radiography is required, with the exception that individuals who perform quantitative computed tomography (QCT) bone densitometry must obtain postprimary certification in CT in addition to primary certification. (Added 2011, No. 116 (Adj. Sess.), § 48; amended 2017, No. 48, § 20; 2019, No. 30, § 18.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 51 - Radiology › § 2825a. Licensure by endorsement

§ 2825a. Licensure by endorsement
The Director may grant a license to an applicant who possesses a license in good standing in another state and possesses the applicable ARRT or NMTCB primary and postprimary certifications as set forth in sections 2821a and 2821b of this subchapter, respectively. (Added 2011, No. 116 (Adj. Sess.), § 51; amended 2019, No. 30, § 18.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 52 - Radiologist Assistants › § 2851. Definitions

§ 2851. Definitions
As used in this chapter:
(1) “ARRT” means the American Registry of Radiologic Technologists or its successor, as recognized by the Board.
(2) “Board” means the State Board of Medical Practice established under chapter 23 of this title.
(3) “Contract” means a legally binding written agreement containing the terms of employment of a radiologist assistant.
(4) “Disciplinary action” means any action taken by the Board against a certified radiologist assistant or an applicant or an appeal of that action when that action suspends, revokes, limits, or conditions certification in any way or when it results in a reprimand of the person.
(5) “Protocol” means a detailed description of the duties and scope of practice delegated by a radiologist to a radiologist assistant.
(6) “Radiologist” means a person who is licensed to practice medicine or osteopathy under chapter 23 or 33 of this title and who meets one or both of the following requirements:
(A) The person is certified by or eligible for certification by the American Board of Radiology or the American Osteopathic Board of Radiology or their predecessors or successors.
(B) The person is credentialed by a hospital to practice radiology and engages in the practice of radiology at that hospital full-time.
(7) “Radiologist assistant” means a person certified by the State of Vermont under this chapter who is qualified by education, training, experience, and personal character to provide medical services under the direction and supervision of a radiologist.
(8) “Readily available” means that a supervising radiologist is available in person or is available remotely by telephone or through a live, interactive audio and video connection.
(9) “Supervision” means the direction and review by a supervising radiologist, as determined to be appropriate by the Board, of the medical services provided by the radiologist assistant. At a minimum, supervision shall mean that a radiologist is readily available for consultation and intervention. A radiologist assistant may provide services under the direction and review of more than one supervising radiologist during the course of the radiologist assistant’s employment, subject to the limitations on the radiologist assistant’s scope of practice as set forth in this chapter and the protocol filed under subsection 2853(b) of this title. (Added 2009, No. 103 (Adj. Sess.), § 19a, eff. May 12, 2010; amended 2023, No. 38, § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 52 - Radiologist Assistants › § 2852. Certification and rulemaking

§ 2852. Certification and rulemaking
The Board shall certify radiologist assistants, and the Commissioner of Health shall adopt rules regarding the training, practice, supervision, qualification, scope of practice, places of practice, and protocols for radiologist assistants and regarding patient notification and consent. (Added 2009, No. 103 (Adj. Sess.), § 19a, eff. May 12, 2010.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 52 - Radiologist Assistants › § 2853. Application

§ 2853. Application
(a) An application for certification shall be accompanied by an application by the proposed primary supervising radiologist that shall contain a statement that the radiologist shall be responsible for all professional activities of the radiologist assistant.
(b) An application for certification shall be accompanied by a protocol signed by one proposed supervising radiologist and proof of employment of the radiologist assistant by that radiologist or by the hospital at which the radiologist practices. The supervising radiologist who signs the protocol shall be deemed the primary supervisor of the radiologist assistant for the purposes of this chapter.
(c) The applicant shall submit to the Board any other information the Board considers necessary to evaluate the applicant’s qualifications. (Added 2009, No. 103 (Adj. Sess.), § 19a, eff. May 12, 2010.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 52 - Radiologist Assistants › § 2854. Eligibility

§ 2854. Eligibility
To be eligible for certification as a radiologist assistant, an applicant shall:
(1) have obtained a degree from a radiologist assistant educational program that is recognized by the ARRT under its “Recognition Criteria for Radiologist Assistant Educational Programs” adopted on July 1, 2005, as periodically revised and updated;
(2) have satisfactorily completed the radiologist assistant certification examination given by the ARRT and be currently certified by the ARRT;
(3) be certified as a radiologic technologist in radiography by the ARRT;
(4) be licensed as a radiologic technologist in radiography in this State under chapter 51 of this title; and
[Subdivision (5) effective 60 days after the adoption of Board rules.]
(5) if the applicant has not engaged in practice as a radiologist assistant within the last three years, comply with the requirements for updating knowledge and skills as defined by Board rules. (Added 2009, No. 103 (Adj. Sess.), § 19a, eff. May 12, 2010; amended 2011, No. 61, § 5, eff. June 2, 2011.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 52 - Radiologist Assistants › § 2855. Temporary certification

§ 2855. Temporary certification
(a) The Board may issue a temporary certification to a person who applies for certification for the first time in this State and meets the educational requirements under subsection 2854 of this title.
(b) Temporary certification may be issued only for the purpose of allowing an otherwise qualified applicant to practice as a radiologist assistant until the applicant takes and passes the next ARRT certification examination and a determination is made that he or she is qualified to practice in this State.
(c) Temporary certification shall be issued upon payment of the specified fee for a fixed period of time to be determined by the Board and shall only be renewed by the Board if the applicant demonstrates proof of an exceptional cause. (Added 2009, No. 103 (Adj. Sess.), § 19a, eff. May 12, 2010.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 52 - Radiologist Assistants › § 2856. Renewal of certification

§ 2856. Renewal of certification
(a) At least one month prior to the date on which renewal is required, the Board shall send to each radiology assistant a renewal application form and notice of the date on which the existing certification will expire. On or before the renewal date, the radiologist assistant shall file an application for renewal, pay the required fee, and submit proof of current active ARRT certification, including compliance with continuing education requirements. The Board shall register the applicant and issue the renewal certification. Within one month following the date renewal is required, the Board shall pay the certification renewal fees into the Medical Practice Board Special Fund.
[Subsection (b) effective 60 days after the adoption of Board rules.]
(b) A certification that has lapsed may be reinstated on payment of a renewal fee and a late renewal fee. The applicant shall not be required to pay back renewal fees for the periods when certification was lapsed. However, if certification remains lapsed for a period of three years, the Board may require the applicant to update his or her knowledge and skills as defined by Board rules. (Added 2009, No. 103 (Adj. Sess.), § 19a, eff. May 12, 2010; amended 2011, No. 61, § 5, eff. June 2, 2011.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 52 - Radiologist Assistants › § 2857. Supervision and scope of practice

§ 2857. Supervision and scope of practice
(a)(1) The number of radiologist assistants permitted to practice under the direction and supervision of a radiologist shall be determined by the Board after review of the system of care delivery in which the supervising radiologist and radiologist assistants propose to practice. Scope of practice and levels of supervision shall be consistent with guidelines adopted by the American College of Radiology, the American Society of Radiologic Technologists, and the ARRT.
(2) The authority of a radiologist assistant to practice shall terminate immediately upon termination of the radiologist assistant’s employment, and the primary supervising radiologist shall immediately notify the Board and the Commissioner of the Department of Health of the termination. The radiologist assistant’s authority to practice shall not resume until the radiologist assistant provides proof of other employment and a protocol as required under this chapter.
(3) The primary supervising radiologist and radiologist assistant shall be employed by and have as their primary work site the same health care facility or an affiliate of the facility, provided that:
(A) the radiologist assistant’s primary work site shall be located in Vermont; and
(B) the primary supervising radiologist does not need to be physically present at the same location where the radiologist assistant is practicing as long as a supervising radiologist is readily available for consultation and intervention.
(4) If a supervising radiologist is not physically present at the location at which a radiologist assistant is practicing, the radiologist assistant shall provide services only when a physician licensed pursuant to chapter 23 or 33 of this title, who need not be a radiologist, is physically present at the location and would be responsible for providing intervention or assistance in the event of a medical emergency.
(b)(1) Subject to the limitations set forth in subsection (a) of this section, the radiologist assistant’s scope of practice shall be limited to that delegated to the radiologist assistant by the primary supervising radiologist and for which the radiologist assistant is qualified by education, training, and experience. At no time shall the practice of the radiologist assistant exceed the normal scope of the supervising radiologist’s practice.
(2) A radiologist assistant shall not interpret images, make diagnoses, or prescribe medications or therapies but may communicate with patients regarding the radiologist assistant’s preliminary observations regarding the technical performance of a procedure or examination and regarding the findings from a radiologist’s report. Preliminary observations shall not include any communication about the presence or absence of features or characteristics that would be considered in making a diagnosis. (Added 2009, No. 103 (Adj. Sess.), § 19a, eff. May 12, 2010; amended 2023, No. 38, § 2, eff. July 1, 2023.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 52 - Radiologist Assistants › § 2859. Disposition of complaints

§ 2859. Disposition of complaints
(a) Complaints and allegations of unprofessional conduct shall be processed in accordance with the rules of procedure of the Board.
(b) Any person, firm, corporation, or public officer may submit a written complaint to the Board alleging a radiologist assistant practicing in the State engaged in unprofessional conduct, specifying the grounds. The Board shall initiate an investigation of a radiologist assistant when a complaint is received or may act on its own initiative without having received a complaint.
(c) If the Board determines that the action of a radiologist assistant that is the subject of a complaint falls entirely within the scope of practice of a radiologic technologist in radiography, the Board shall refer the complaint to the Board of Radiologic Technology for review under chapter 51 of this title.
(d) After giving an opportunity for hearing, the Board shall take disciplinary action described in subsection 1361(b) of this title against a radiologist assistant or applicant found guilty of unprofessional conduct.
(e) The Board may approve a negotiated agreement between the parties when it is in the best interest of the public health, safety, or welfare to do so. That agreement may include any of the following conditions or restrictions, which may be in addition to or in lieu of suspension:
(1) A requirement that the person submit to care or counseling.
(2) A restriction that the person practice only under supervision of a named person or a person with specified credentials.
(3) A requirement that the person participate in continuing education in order to overcome specified practical deficiencies.
(4) A requirement that the scope of practice permitted be restricted to a specified extent.
(5) An administrative penalty not to exceed $1,000.00 for each act that constitutes an unprofessional conduct violation. Any money received from the imposition of an administrative penalty imposed under this subdivision shall be deposited into the Board of Medical Practice Regulatory Fee Fund for the purpose of providing education and training for Board members. The Commissioner shall detail in the annual report receipts and expenses from money received under this subsection.
(f) Upon application, the Board may modify the terms of an order under this section and, if certification has been revoked or suspended, order reinstatement on terms and conditions it deems proper. (Added 2009, No. 103 (Adj. Sess.), § 19a, eff. May 12, 2010; amended 2011, No. 61, § 5, eff. June 2, 2011.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 52 - Radiologist Assistants › § 2860. Use of title

§ 2860. Use of title
Any person who is certified to practice as a radiologist assistant in this State shall have the right to use the title “radiologist assistant” or “registered radiologist assistant” and the abbreviation “R.A.” or “R.R.A.” No other person may assume that title or use that abbreviation or any other words, letters, signs, or devices to indicate that the person using them is a radiologist assistant. A radiologist assistant shall not so represent himself or herself unless there is currently in existence a valid employment arrangement between the radiologist assistant and his or her employer or primary supervising radiologist and unless the protocol under which the radiologist assistant’s duties are delegated is on file with and has been approved by the Board. (Added 2009, No. 103 (Adj. Sess.), § 19A, eff. May 12, 2010.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 52 - Radiologist Assistants › § 2861. Legal liability

§ 2861. Legal liability
(a) The primary supervising radiologist delegating activities to a radiologist assistant shall be legally liable for the activities of the radiologist assistant, and the radiologist assistant shall in this relationship be the radiologist’s agent.
(b) Nothing contained in this chapter shall be construed to apply to nurses acting pursuant to chapter 28 of this title. (Added 2009, No. 103 (Adj. Sess.), § 19a, eff. May 12, 2010.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 52 - Radiologist Assistants › § 2862. Fees

§ 2862. Fees
Applicants and persons regulated under this chapter shall pay the following fees:
(1)(A)(i) Original application for certification
$120.00;
(ii) Each additional application
$55.00;
(B) The Board shall use at least $10.00 of these fees to support the cost of maintaining the Vermont Practitioner Recovery Network, which, for the protection of the public, monitors and evaluates, coordinates services for, and promotes rehabilitation of licensees who have or potentially have an impaired ability to practice medicine with reasonable skill and safety.
(2)(A)(i) Biennial renewal
$120.00;
(ii) Each additional renewal
$55.00;
(B)(i) The Board shall use at least $10.00 of these fees to support the cost of maintaining the Vermont Practitioner Recovery Network, which, for the protection of the public, monitors and evaluates, coordinates services for, and promotes rehabilitation of licensees who have or potentially have an impaired ability to practice medicine with reasonable skill and safety.
(ii) In addition to the fee, an applicant for certification renewal shall submit evidence in a manner acceptable to the Board that he or she continues to meet the certification requirements of the ARRT and is licensed as a radiologic technologist under chapter 51 of this title.
(3) Transfer of certification
$20.00. (Added 2009, No. 103 (Adj. Sess.), § 19a, eff. May 12, 2010; amended 2011, No. 61, § 5, eff. June 2, 2011; 2015, No. 57, § 16; 2017, No. 39, § 6.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 52 - Radiologist Assistants › § 2863. Notice of use of radiologist assistants

§ 2863. Notice of use of radiologist assistants
A radiologist who uses the services of a radiologist assistant shall post a notice to that effect in an appropriate place and include language in the patient consent form that the radiologist uses a radiologist assistant. (Added 2009, No. 103 (Adj. Sess.), § 19a, eff. May 12, 2010.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 52 - Radiologist Assistants › § 2864. Penalty

§ 2864. Penalty
(a) A person who, not being certified, holds himself or herself out to the public as being certified under this chapter shall be liable for a fine of not more than $10,000.00.
(b) In addition to the penalty provided in subsection (a) of this section, the Attorney General or a State’s Attorney may bring a civil action to restrain continuing violations of this section. (Added 2009, No. 103 (Adj. Sess.), § 19a, eff. May 12, 2010; amended 2011, No. 61, § 5, eff. June 2, 2011.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 53 - Polygraph Examiners › § 2901. Definitions

§ 2901. Definitions
For the purposes of this chapter:
(1) “Commissioner” means the Commissioner of Public Safety.
(2) “Internship” means the study of polygraph examinations and of the administration of polygraph examinations by a trainee under the personal supervision and control of a polygraph examiner in accordance with a course of study approved by the Commissioner.
(3) “Polygraph examiner” means any person who purports to be able to detect deception or verify the truth of statements through instrumentation or the use of a mechanical device. (Added 1975, No. 110.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 53 - Polygraph Examiners › § 2902. Minimum instrumentation required

§ 2902. Minimum instrumentation required
(a) Any instrument used to test or question individuals for the purpose of detecting deception or verifying the truth of statements shall record visually, permanently, and simultaneously:
(1) A subject’s cardiovascular pattern; and
(2) A subject’s respiratory pattern.
(b) Patterns of other physiological changes in addition to subdivisions (a)(1) and (2) of this section may also be recorded. The use of any instrument or device to detect deception or to verify the truth of statements that does not meet these minimum instrumentation requirements is prohibited and that instrument may not be operated or used. (Added 1975, No. 110.)