reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1420o. Rulemaking functions of the Interstate Commission

§ 1420o. Rulemaking functions of the Interstate Commission
(a) The Interstate Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of the Compact. Notwithstanding the foregoing, in the event the Interstate Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the Compact, or the powers granted hereunder, then such an action by the Interstate Commission shall be invalid and have no force or effect.
(b) Rules deemed appropriate for the operations of the Interstate Commission shall be made pursuant to a rulemaking process that substantially conforms to the “Model State Administrative Procedure Act” of 2010, and subsequent amendments thereto.
(c) Not later than 30 days after a rule is promulgated, any person may file a petition for judicial review of the rule in the U.S. District Court for the District of Columbia or the federal district where the Interstate Commission has its principal offices, provided that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the Interstate Commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the authority granted to the Interstate Commission. (Added 2017, No. 115 (Adj. Sess.), § 1, eff. Jan. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1420p. Oversight of Interstate Compact

§ 1420p. Oversight of Interstate Compact
(a) The executive, legislative, and judicial branches of state government in each member state shall enforce the Compact and shall take all actions necessary and appropriate to effectuate the Compact’s purposes and intent. The provisions of the Compact and the rules promulgated hereunder shall have standing as statutory law but shall not override existing state authority to regulate the practice of medicine.
(b) All courts shall take judicial notice of the Compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of the Compact that may affect the powers, responsibilities, or actions of the Interstate Commission.
(c) The Interstate Commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the Interstate Commission shall render a judgment or order void as to the Interstate Commission, the Compact, or promulgated rules. (Added 2017, No. 115 (Adj. Sess.), § 1, eff. Jan. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1420q. Enforcement of Interstate Compact

§ 1420q. Enforcement of Interstate Compact
(a) The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of the Compact.
(b) The Interstate Commission may, by majority vote of the Commissioners, initiate legal action in the U.S. District Court for the District of Columbia, or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its principal offices, to enforce compliance with the provisions of the Compact, and its promulgated rules and bylaws, against a member state in default. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation including reasonable attorney’s fees.
(c) The remedies herein shall not be the exclusive remedies of the Interstate Commission. The Interstate Commission may avail itself of any other remedies available under state law or the regulation of a profession. (Added 2017, No. 115 (Adj. Sess.), § 1, eff. Jan. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1420r. Default procedures

§ 1420r. Default procedures
(a) The grounds for default include, but are not limited to, failure of a member state to perform such obligations or responsibilities imposed upon it by the Compact, or the rules and bylaws of the Interstate Commission promulgated under the Compact.
(b) If the Interstate Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under the Compact or the bylaws or promulgated rules, the Interstate Commission shall:
(1) Provide written notice to the defaulting state and other member states, of the nature of the default, the means of curing the default, and any action taken by the Interstate Commission. The Interstate Commission shall specify the conditions by which the defaulting state must cure its default; and
(2) Provide remedial training and specific technical assistance regarding the default.
(c) If the defaulting state fails to cure the default, the defaulting state shall be terminated from the Compact upon an affirmative vote of a majority of the Commissioners and all rights, privileges, and benefits conferred by the Compact shall terminate on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default.
(d) Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to terminate shall be given by the Interstate Commission to the governor, the majority and minority leaders of the defaulting state’s legislature, and each of the member states.
(e) The Interstate Commission shall establish rules and procedures to address licenses and physicians that are materially impacted by the termination of a member state or the withdrawal of a member state.
(f) The member state that has been terminated is responsible for all dues, obligations, and liabilities incurred through the effective date of termination including obligations, the performance of which extends beyond the effective date of termination.
(g) The Interstate Commission shall not bear any costs relating to any state that has been found to be in default or that has been terminated from the Compact, unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state.
(h) The defaulting state may appeal the action of the Interstate Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Interstate Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation including reasonable attorney’s fees. (Added 2017, No. 115 (Adj. Sess.), § 1, eff. Jan. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1420s. Dispute resolution

§ 1420s. Dispute resolution
(a) The Interstate Commission shall attempt, upon the request of a member state, to resolve disputes that are subject to the Compact and that may arise among member states or member boards.
(b) The Interstate Commission shall promulgate rules providing for both mediation and binding dispute resolution as appropriate. (Added 2017, No. 115 (Adj. Sess.), § 1, eff. Jan. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1420t. Member states; effective date and amendment

§ 1420t. Member states; effective date and amendment
(a) Any state is eligible to become a member state of the Compact.
(b) The Compact shall become effective and binding upon legislative enactment of the Compact into law by no fewer than seven states. Thereafter, it shall become effective and binding on a state upon enactment of the Compact into law by that state.
(c) The governors of non-member states, or their designees, shall be invited to participate in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the Compact by all states.
(d) The Interstate Commission may propose amendments to the Compact for enactment by the member states. No amendment shall become effective and binding upon the Interstate Commission and the member states unless and until it is enacted into law by unanimous consent of the member states. (Added 2017, No. 115 (Adj. Sess.), § 1, eff. Jan. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1420u. Withdrawal

§ 1420u. Withdrawal
(a) Once effective, the Compact shall continue in force and remain binding upon each and every member state; provided that a member state may withdraw from the Compact by specifically repealing the statute that enacted the Compact into law.
(b) Withdrawal from the Compact shall be by the enactment of a statute repealing the same, but shall not take effect until one year after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other member state.
(c) The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing the Compact in the withdrawing state.
(d) The Interstate Commission shall notify the other member states of the withdrawing state’s intent to withdraw within 60 days of its receipt of notice provided under subsection (c) of this section.
(e) The withdrawing state is responsible for all dues, obligations, and liabilities incurred through the effective date of withdrawal, including obligations, the performance of which extends beyond the effective date of withdrawal.
(f) Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the Compact or upon such later date as determined by the Interstate Commission.
(g) The Interstate Commission is authorized to develop rules to address the impact of the withdrawal of a member state on licenses granted in other member states to physicians who designated the withdrawing 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 › § 1420v. Dissolution

§ 1420v. Dissolution
(a) The Compact shall dissolve effective on the date of the withdrawal or default of the member state that reduces the membership in the Compact to one member state.
(b) Upon the dissolution of the Compact, the Compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws. (Added 2017, No. 115 (Adj. Sess.), § 1, eff. Jan. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1420w. Severability and construction

§ 1420w. Severability and construction
(a) The provisions of the Compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the Compact shall be enforceable.
(b) The provisions of the Compact shall be liberally construed to effectuate its purposes.
(c) Nothing in the Compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members. (Added 2017, No. 115 (Adj. Sess.), § 1, eff. Jan. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1420x. Binding effect of Compact and other laws

§ 1420x. Binding effect of Compact and other laws
(a) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the Compact.
(b) All laws in a member state in conflict with the Compact are superseded to the extent of the conflict.
(c) All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Commission, are binding upon the member states.
(d) All agreements between the Interstate Commission and the member states are binding in accordance with their terms.
(e) In the event any provision of the Compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state. (Added 2017, No. 115 (Adj. Sess.), § 1, eff. Jan. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1441. Definitions and purpose

§ 1441. Definitions and purpose
As used in this subchapter, the term “peer review committee” shall mean the Vermont professional standards review organization or its subsidiary committees, the Vermont Program for Quality in Health Care, Inc. or its subsidiary committees, a peer review committee or other comparable committee established by a health maintenance organization in accordance with the provisions of 18 V.S.A. § 9414, or a committee of a state or local professional association or of a hospital or other health care provider that is formed to evaluate and improve the quality of health care rendered by providers of health services or to determine that health services rendered were professionally indicated or were performed in compliance with the applicable standard of care or that the cost of health care rendered was considered reasonable by the providers of professional health services in the area. (Added 1975, No. 249 (Adj. Sess.), § 4, eff. April 7, 1976; amended 1989, No. 108, § 1, eff. June 22, 1989; 1993, No. 30, § 20, eff. May 21, 1993.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1442. Immunity from liability of members of committee of professional society formed to maintain standards

§ 1442. Immunity from liability of members of committee of professional society formed to maintain standards
(a) There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any member of a peer review committee, any peer review committee or its predecessor or subsidiary organization, any person acting or employed as staff for a peer review committee, any person under a contract or other formal agreement with a peer review committee, or any person who participates with or assists a peer review committee for any act or proceeding related to peer review activities undertaken or performed within the scope of the functions of the peer review committee; provided that the member, peer review committee, predecessor or subsidiary organization, or person acts without malice, has made a reasonable effort to obtain the facts of the matter acted upon, and the action is taken with the reasonable belief that the action is warranted by the facts known after a reasonable effort to obtain all the facts. For purposes of this section, liability of a committee shall be determined with reference to acts taken by a majority of the members of the committee present at a meeting at which there was a quorum.
(b) This subchapter shall not be construed to confer immunity from liability on any professional association or upon any health professional while performing services other than as a member of a peer review committee.
(c) The provisions of subsection (a) of this section shall not apply in the case of a violation of section 1443 of this title or any law relating to confidentiality of medical records. (Added 1975, No. 249 (Adj. Sess.), § 4, eff. April 7, 1976; amended 1989, No. 108, §§ 2, 2a, eff. June 22, 1989.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1443. Records immune from discovery

§ 1443. Records immune from discovery
(a) The proceedings, reports, and records of committees defined in section 1441 of this title including information and evidence required to be reported pursuant to section 1317 of this title shall be confidential and privileged, and shall not be subject to discovery or introduction into evidence in any civil action against a provider of professional health services arising out of the matters that are subject to evaluation and review by such committee, and no person who was in attendance at a meeting of such committee shall be permitted or required to testify in any such civil action as to any findings, recommendations, evaluations, opinions, or other actions of such committees or any members thereof. However, information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any such action merely because they were presented during the proceedings of such committee, nor shall any person who testifies before such committee or who is a member of such committee be prevented from testifying as to matters within his or her knowledge, but such witness shall not be asked about his or her testimony before such committee or about opinions formed by him or her as a result of such committee hearings.
(b) Notwithstanding the provisions of subsection (a) of this section, a peer review committee shall provide the Board with all supporting information and evidence pertaining to information required to be reported under section 1317 of this title and shall provide access to such information and evidence to the Department of Health as provided in and for the purpose of determining a hospital’s compliance with 18 V.S.A. chapter 43a.
(c) Notwithstanding the provisions of section 1318 of this title, relating to accessibility and confidentiality of disciplinary matters, the proceedings, reports, records, reporting information, and evidence of a peer review committee provided by the committee to the Board in accordance with the provisions of section 1317 of this title or to the Department of Health in accordance with 18 V.S.A. chapter 43a and subsection (b) of this section may be used by the Board or by the Commissioner of Health for disciplinary and enforcement purposes but shall not be subject to public disclosure. (Added 1975, No. 249 (Adj. Sess.), § 4, eff. April 7, 1976; amended 1991, No. 167 (Adj. Sess.), § 34; 2001, No. 132 (Adj. Sess.), § 14, eff. June 13, 2002; 2005, No. 215 (Adj. Sess.), § 325; 2019, No. 131 (Adj. Sess.), § 276; 2023, No. 53, § 127, eff. June 8, 2023.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1444. Liability for actions of agent

§ 1444. Liability for actions of agent
(a) A physician may delegate to a medical technician or other assistant or employee certain activities related to medical care and treatment that the individual is qualified to perform by training, education, experience, or a combination of these when the activities are under the control of the physician. The physician delegating the activities to the individual shall be legally liable for the individual’s performance of those activities, and in this relationship, the individual shall be the physician’s agent.
(b)(1) Nothing in this section shall be construed to apply to a nurse acting pursuant to chapter 28 of this title.
(2) Nothing in this section shall be construed to apply to a physician assistant acting pursuant to chapter 31 of this title. Liability for the actions or inactions of a physician assistant shall be governed by the provisions of section 1739 of this title. (Added 2019, No. 123 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1445. Findings

§ 1445. Findings
The General Assembly finds that the Vermont Program for Quality in Health Care, Inc., a nonprofit corporation, is organized for the purpose of implementing and maintaining a statewide quality assurance system based on the collection and interpretation of clinical data, feedback of such data to physicians and, when necessary, the provision of professional accountability. (Added 1989, No. 108, § 3, eff. June 22, 1989.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1446. Directors of corporation

§ 1446. Directors of corporation
The Board of Directors of the Vermont Program for Quality in Health Care, Inc. shall include the Commissioner of Health and two directors, each of whom represents at least one of the following populations: elders, people with disabilities, or people with low income. (Added 1989, No. 108, § 3, eff. June 22, 1989; amended 2011, No. 61, § 2, eff. June 2, 2011; 2013, No. 96 (Adj. Sess.), § 175.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1447. Dissolution

§ 1447. Dissolution
In the event of dissolution without a successor, the corporation shall transfer all its quality assurance data to the Department of Health. While the data is in the possession of the Department of Health, the Commissioner may disclose such data to the public as long as individual patients or health care practitioners are not directly or indirectly identifiable. (Added 1989, No. 108, § 3, eff. June 22, 1989.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 23 - Medicine › § 1448. Release of clinical data authorized

§ 1448. Release of clinical data authorized
Hospitals licensed under 18 V.S.A. § 1905 may release clinical data to the Vermont Program for Quality in Health Care, Inc., for use in a statewide quality assurance system. (Added 1989, No. 108, § 3, eff. June 22, 1989.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 28 - Nursing › § 1571. Purpose and effect

§ 1571. Purpose and effect
In order to safeguard the life and health of the people of this State, a person shall not practice or offer to practice registered or practical nursing or as a nursing assistant unless licensed under this chapter. (Added 1979, No. 192 (Adj. Sess.), § 1; amended 1993, No. 201 (Adj. Sess.), § 1; 2015, No. 38, § 7, eff. May 28, 2015.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 28 - Nursing › § 1572. Definitions

§ 1572. Definitions
As used in this chapter:
(1) “Board” means the Vermont State Board of Nursing.
(2) “Registered nursing” means the practice of nursing, which includes:
(A) Assessing the health status of individuals and groups.
(B) Establishing a nursing diagnosis.
(C) Establishing goals to meet identified health care needs.
(D) Planning a strategy of medical or health care.
(E) Prescribing nursing interventions to implement the strategy of care.
(F) Implementing the strategy of care.
(G) Delegating nursing interventions that may be performed by others and that do not conflict with this subchapter.
(H) Maintaining safe and effective nursing care rendered directly or indirectly.
(I) Evaluating responses to interventions.
(J) Teaching the theory and practice of nursing.
(K) Managing and supervising the practice of nursing.
(L) Collaborating with other health professionals in the management of health care.
(M) Addressing patient pain.
(N) Performance of such additional acts requiring education and training and that are recognized jointly by the medical and nursing professions as proper to be performed by registered nurses.
(3) “Licensed practical nursing” means a directed scope of nursing practice that includes:
(A) contributing to the assessment of the health status of individuals and groups;
(B) participating in the development and modification of the strategy of care;
(C) implementing the appropriate aspects of the strategy of care as defined by the Board;
(D) maintaining safe and effective nursing care rendered directly or indirectly;
(E) participating in the evaluation of responses to interventions:
(F) delegating nursing interventions that may be performed by others and that do not conflict with this chapter; and
(G) functioning at the direction of a registered nurse, advanced practice registered nurse, licensed physician, or licensed dentist in the performance of activities delegated by that health care professional.
(4) “Advanced practice registered nurse” or “APRN” means a licensed registered nurse authorized to practice in this State who, because of specialized education and experience, is licensed and authorized to perform acts of medical diagnosis and to prescribe medical, therapeutic, or corrective measures under administrative rules adopted by the Board.
(5) “License” means a current authorization permitting the practice of nursing as a registered nurse, licensed practical nurse, or advanced practice registered nurse, or the practice as a nursing assistant. (Added 1979, No. 192 (Adj. Sess.), § 1; amended 1993, No. 201 (Adj. Sess.), § 1; 2009, No. 25, § 11; 2011, No. 66, § 5, eff. June 1, 2011; 2015, No. 38, § 7, eff. May 28, 2015.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 28 - Nursing › § 1573. Vermont State Board of Nursing

§ 1573. Vermont State Board of Nursing
(a) There is hereby created the Vermont State Board of Nursing consisting of six registered nurses, including at least two licensed as advanced practice registered nurses, two practical nurses, one nursing assistant, and two public members. Board members shall be appointed by the Governor pursuant to 3 V.S.A. §§ 129b and 2004.
(b) Appointments of registered and licensed practical nurse members shall be made in a manner designed to be representative of the various types of nursing education programs and nursing services.
(c) Each member of the Board shall be a resident of this State.
(1) The licensed members shall have the following in their respective categories of licensure:
(A) An active license to practice in Vermont.
(B) At least five years’ licensed experience. Three of these five years shall have been immediately preceding appointment.
(2) The public members shall not be members of any other health-related licensing boards, licensees of any health-occupation boards, or employees of any health agencies or facilities, and shall not derive primary livelihood from the provision of health services at any level of responsibility.
(d) [Repealed.] (Added 1979, No. 192 (Adj. Sess.), § 1; amended 1993, No. 201 (Adj. Sess.), § 1; 2005, No. 27, § 45; 2007, No. 163 (Adj. Sess.), § 11; 2011, No. 66, § 5, eff. June 1, 2011; 2015, No. 38, § 7, eff. May 28, 2015; 2017, No. 144 (Adj. Sess.), § 18; 2019, No. 178 (Adj. Sess.), § 7, eff. Oct. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 28 - Nursing › § 1577. Fees

§ 1577. Fees
Applicants and persons regulated under this chapter shall pay the following fees:
(1) Nursing Assistants
(A) Application $25.00
(B) Biennial renewal $65.00
(2) Practical Nurses and Registered Nurses
(A) Application by exam $75.00
(B) Application by endorsement $175.00
(C) Biennial renewal for Practical Nurses $200.00
(D) Biennial renewal for Registered Nurses $220.00
(3) Advanced Practice Registered Nurses
(A) Initial endorsement of advanced practice registered nurses $115.00
(B) Biennial renewal of advanced practice registered nurses $145.00 (Added 1979, No. 192 (Adj. Sess.), § 1; amended 1989, No. 250 (Adj. Sess.), § 44; 1993, No. 201 (Adj. Sess.), § 1; 1995, No. 47, § 23; 1997, No. 59, § 54, eff. June 30, 1997; 2001, No. 143 (Adj. Sess.), § 25, eff. June 27, 2002; 2005, No. 202 (Adj. Sess.), § 13; 2013, No. 191 (Adj. Sess.), § 15; 2015, No. 38, § 7, eff. May 28, 2015; 2019, No. 70, § 17; 2023, No. 77, § 27, eff. June 20, 2023.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 28 - Nursing › § 1582. Regulatory authority; unprofessional conduct

§ 1582. Regulatory authority; unprofessional conduct
(a) The Board may deny an application for licensure, renewal, or reinstatement; revoke or suspend any license to practice issued by it; or discipline or in other ways condition the practice of an applicant or licensee upon due notice and opportunity for hearing if the person engages in the following conduct or the conduct set forth in 3 V.S.A. § 129a:
(1) making or causing to be made a false, fraudulent, or forged statement or representation in procuring or attempting to procure registration or renew a license;
(2) diverting or attempting to divert drugs or equipment or supplies for unauthorized use;
(3) engaging in conduct of a character likely to deceive, defraud, or harm the public;
(4) willfully failing to file or record, or willfully impeding or obstructing filing or recording, or inducing another person to omit to file or record medical reports;
(5) fraudulent or deceitful submission of any information or records to the Board;
(6) leaving a nursing assignment without properly advising appropriate personnel;
(7) violating confidentiality by inappropriately revealing information or knowledge about a patient or client;
(8) knowingly aiding or abetting a health care provider who is not legally practicing within the State in the provision of health care services;
(9) permitting one’s name or license to be used by a person, group, or corporation when not actually in charge of or responsible for the treatment given;
(10) failing to comply with the patient bill of rights provisions of 18 V.S.A. § 1852 or other statutes governing the profession;
(11) sexual misconduct that exploits the provider-patient relationship, including sexual contact with a patient, surrogates, or key third parties;
(12) abusing or neglecting a patient or misappropriating patient property;
(13) failing to report to the Board any violation of this chapter or of the Board’s rules; or
(14) failing to take appropriate action to safeguard a patient from incompetent health care.
(b) A person shall not be liable in a civil action for damages resulting from the good faith reporting of information to the Board about incompetent, unprofessional, or unlawful conduct of a licensee. (Added 1979, No. 192 (Adj. Sess.), § 1; amended 1993, No. 201 (Adj. Sess.), § 1; 1997, No. 145 (Adj. Sess.), § 39; 2011, No. 66, § 5, eff. June 1, 2011; 2015, No. 38, § 7, eff. May 28, 2015.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 28 - Nursing › § 1583. Exemptions

§ 1583. Exemptions
This chapter does not prohibit:
(1) Rendering assistance in the case of an emergency or disaster.
(2) The practice of nursing that is incidental to their program of study by persons enrolled in approved nursing education programs approved by the Board.
(3) The practice of any nurse who is employed by the U.S. government or any bureau, division, or agency thereof, while in the discharge of his or her official duties.
(4) The practice of nursing in this State by any currently licensed nurse whose engagement was made outside of this State but required the nurse to accompany and care for the patient while in Vermont. This exception shall not exceed six months.
(5) The care of the sick by domestic help of any type, whether employed regularly or because of illness, provided such person is employed primarily in a domestic capacity.
(6) The work and duties of attendants in attendant care services programs.
(7) The practice of any other occupation or profession licensed under the laws of this State.
(8) The providing of care for the sick in accordance with the tenets of any church or religious denomination by its adherents if the individual does not hold himself or herself out to be a registered nurse, licensed practical nurse, or licensed nursing assistant and does not engage in the practice of nursing as defined in this chapter.
(9) A person holding an unencumbered license in another U.S. jurisdiction from practicing nursing for no more than 30 days in any calendar year under the supervision of a Vermont licensed registered nurse as part of an educational offering.
(10) An advanced practice registered nurse who is duly licensed and in good standing in another state, territory, or jurisdiction of the United States or in Canada from practicing in this State if the APRN is employed as or formally designated as the team APRN by an athletic team visiting Vermont for a specific sporting event and the APRN limits the practice of advanced practice registered nursing in this State to treatment of the members, coaches, and staff of the sports team employing or designating the APRN. (Added 1979, No. 192 (Adj. Sess.), § 1; amended 1989, No. 75, § 2; 1993, No. 201 (Adj. Sess.), § 1; 2009, No. 54, § 88, eff. June 1, 2009; 2011, No. 79 (Adj. Sess.), § 30, eff. April 4, 2012; 2015, No. 38, § 7, eff. May 28, 2015; 2015, No. 94 (Adj. Sess.), § 5, eff. May 10, 2016; 2017, No. 74, § 118.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 28 - Nursing › § 1584. Prohibitions; offenses

§ 1584. Prohibitions; offenses
(a) It shall be a violation of this chapter for any person, including any corporation, association, or individual, to:
(1) sell or fraudulently obtain or furnish any nursing degree, diploma, certificate of registration, license, or any other related document or record, or to aid or abet therein;
(2) practice nursing under cover of any degree, diploma, registration, license, or related document or record illegally or fraudulently obtained or signed or issued unlawfully or under fraudulent representation;
(3) practice nursing unless duly registered and currently licensed to do so under the provisions of this chapter;
(4) use in connection with a name any words, letters, signs, or figures which imply that a person is a registered or practical nurse or an advanced practice registered nurse when not authorized under this chapter;
(5) practice nursing during the time a license issued under this chapter is suspended or revoked;
(6) conduct a nursing education program unless the program has been approved by the Board;
(7) employ unlicensed persons to practice registered nursing, practical nursing, or as a nursing assistant.
(8) [Repealed.]
(b) Any person violating this section shall be subject to the penalties provided in 3 V.S.A. § 127.
(c) [Repealed.] (Added 1979, No. 192 (Adj. Sess.), § 1; amended 1993, No. 201 (Adj. Sess.), § 1; 2005, No. 148 (Adj. Sess.), § 13; 2007, No. 29, § 27; 2011, No. 66, § 5, eff. June 1, 2011; 2017, No. 144 (Adj. Sess.), § 18.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 28 - Nursing › § 1585. Professional corporations; registered or licensed practical nursing

§ 1585. Professional corporations; registered or licensed practical nursing
A person licensed to practice registered or licensed practical nursing 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, § 2, eff. May 2, 2007.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 28 - Nursing › § 1611. Advanced practice registered nurse licensure

§ 1611. Advanced practice registered nurse licensure
To be eligible for an APRN license, an applicant shall:
(1) Have a degree or certificate from a Vermont graduate nursing program approved by the Board or a U.S. graduate program approved by a state or a national accrediting agency that includes a curriculum substantially equivalent to Vermont programs approved by the Board. The educational program shall meet the educational standards set by the national accrediting board and the national certifying board. Programs shall include a supervised clinical component in the role and population focus of the applicant’s certification. The program shall prepare nurses to practice advanced nursing in a role as a nurse practitioner, certified nurse midwife, certified nurse anesthetist, or clinical nurse specialist in psychiatric or mental health nursing and shall include, at a minimum, graduate level courses in:
(A) advanced pharmacotherapeutics;
(B) advanced patient assessment; and
(C) advanced pathophysiology.
(2) Hold current advanced nursing certification in a role and population focus granted by a national certifying organization recognized by the Board. (Added 2011, No. 66, § 5, eff. June 1, 2011; amended 2015, No. 38, § 9, eff. May 28, 2015.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 28 - Nursing › § 1611a. Fee waiver; pro bono practice

§ 1611a. Fee waiver; pro bono practice
(a) An advanced practice registered nurse who holds an unrestricted license in all jurisdictions in which the nurse is currently licensed, who certifies to the Board that he or she will limit his or her practice in Vermont to providing pro bono services at a free or reduced fee clinic, and who meets the requirements for licensure shall be licensed by the Board without payment of the licensing application fee.
(b) A license granted under this section shall authorize the licensee to practice advanced practice registered nursing on a voluntary basis in Vermont. (Added 2015, No. 38, § 9, eff. May 28, 2015.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 28 - Nursing › § 1613. Transition to practice

§ 1613. Transition to practice
(a)(1) An APRN with fewer than 24 months and 2,400 hours of licensed active advanced nursing practice in an initial role and population focus or fewer than 12 months and 1,600 hours for any additional role and population focus shall have a formal agreement with a collaborating provider as required by Board rule.
(2) An APRN shall have and maintain signed and dated copies of all required collaborative provider agreements.
(3) An APRN required to practice with a collaborative provider agreement may not engage in solo practice, except with regard to a role and population focus in which the APRN has met the requirements of this subsection.
(b) An APRN who satisfies the requirements to engage in solo practice pursuant to subsection (a) of this section shall notify the Board that these requirements have been met.
(c) The Board may waive or modify the collaborative provider agreement requirement as necessary to allow an APRN to practice independently during a declared state of emergency. (Added 2011, No. 66, § 5, eff. June 1, 2011; amended 2019, No. 30, § 11; 2019, No. 91 (Adj. Sess.), § 16, eff. March 30, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 28 - Nursing › § 1614. APRN renewal

§ 1614. APRN renewal
An APRN license renewal application shall include:
(1) documentation of completion of the APRN practice requirement;
(2) possession of a current certification by a national APRN specialty certifying organization; and
(3) a current collaborative provider agreement if required for transition to practice. (Added 2011, No. 66, § 5, eff. June 1, 2011; amended 2017, No. 144 (Adj. Sess.), § 18.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 28 - Nursing › § 1615a. APRN subcommittee

§ 1615a. APRN subcommittee
(a) The Board shall appoint a subcommittee to study and report to the Board on matters relating to advanced practice registered nurse practice.
(b) The subcommittee shall be composed of at least five members.
(1) The majority shall be advanced practice registered nurses who are licensed and in good standing in this State.
(2) At least one member shall be a member of the public, and at least one member shall be a physician designated by the Board of Medical Practice.
(c) Members of the subcommittee shall be entitled to compensation and reimbursement of expenses as provided in 32 V.S.A. § 1010. (Added 2015, No. 38, § 9, eff. May 28, 2015.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 28 - Nursing › § 1616. Nurse practitioner and nurse midwife signature authority

§ 1616. Nurse practitioner and nurse midwife signature authority
Whenever any provision of Vermont statute or rule or any form provided to any person in this State requires a signature, certification, stamp, verification, affidavit, or other endorsement by a physician, such statute, rule, or form shall be deemed to include a signature, certification, stamp, verification, affidavit, or other endorsement by an advanced practice registered nurse (APRN) licensed pursuant to this chapter and certified as a nurse practitioner or a nurse midwife; provided, however, that nothing in this section shall be construed to expand the scope of practice of APRNs. (Added 2011, No. 122 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 28 - Nursing › § 1621. Registered nurse licensure by examination

§ 1621. Registered nurse licensure by examination
To be eligible for licensure as a registered nurse by examination, an applicant shall complete:
(1) an approved U.S. registered nursing education program meeting requirements set by the Board by rule; and
(2) examinations as determined by the Board. (Added 2015, No. 38, § 11, eff. May 28, 2015.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 28 - Nursing › § 1622. Registered nurse licensure by endorsement

§ 1622. Registered nurse licensure by endorsement
(a) Except as otherwise provided pursuant to subsection (b) of this section, to be eligible for licensure as a registered nurse by endorsement, an applicant shall:
(1) hold a current license to practice registered nursing in another U.S. jurisdiction based on education in a nursing program acceptable to the Board; and
(2) meet practice requirements set by the Board by rule.
(b) Except as otherwise provided by law, the Board shall issue a license to practice as a registered nurse to an applicant who:
(1) is a service member or veteran;
(2) has received designation by the U.S. Armed Forces as a 66H Nurse or equivalent;
(3) has received at least a bachelor’s degree in nursing from a program that is accredited by the Accreditation Commission for Education in Nursing (ACEN) or by the Commission on Collegiate Nursing Education (CCNE) or that is accepted by the U.S. Secretary of Education; and
(4) has completed a qualified course in public health nursing or one year of supervised nursing experience.
(c) As used in this section:
(1) “Service member” means an individual who is an active member of:
(A) the U.S. Armed Forces;
(B) a reserve component of the U.S. Armed Forces;
(C) the U.S. Coast Guard; or
(D) the National Guard of any state.
(2) “Veteran” means a former service member who received an honorable discharge or a general discharge under honorable conditions from active duty not more than two years prior to submitting an application for licensure. (Added 2015, No. 38, § 11, eff. May 28, 2015; amended 2017, No. 119 (Adj. Sess.), § 4; 2017, No. 144 (Adj. Sess.), § 18.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 28 - Nursing › § 1623. Licensure for registered nurses educated outside the United States

§ 1623. Licensure for registered nurses educated outside the United States
To be eligible for licensure under this chapter, a registered nurse applicant who was educated outside the United States shall:
(1) hold a current registered nurse license from a country outside the United States;
(2) complete secondary education;
(3) graduate from a registered nursing education program meeting the requirements of rules set by the Board;
(4) demonstrate English language proficiency, if the nursing education program was conducted in a language other than English; and
(5) complete examinations as determined by the Board. (Added 2015, No. 38, § 11, eff. May 28, 2015.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 28 - Nursing › § 1625. Practical nurse licensure by examination

§ 1625. Practical nurse licensure by examination
To be eligible for licensure as a practical nurse by examination, an applicant shall:
(1) complete an approved U.S. practical nursing education program meeting requirements set by the Board by rule or completion of equivalent study in a program conducted by the U.S. Armed Forces satisfactory to the Director; and
(2) complete examinations as determined by the Board. (Added 2015, No. 38, § 11, eff. May 28, 2015; 2019, No. 152 (Adj. Sess.), § 19, eff. April 1, 2021.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 28 - Nursing › § 1626. Practical nurse licensure by endorsement

§ 1626. Practical nurse licensure by endorsement
To be eligible for licensure as a practical nurse by endorsement, an applicant shall:
(1) hold a current license to practice practical nursing in another U.S. jurisdiction based on education in a nursing program acceptable to the Board; and
(2) meet practice requirements set by the Board by rule. (Added 2015, No. 38, § 11, eff. May 28, 2015; amended 2017, No. 144 (Adj. Sess.), § 18.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 28 - Nursing › § 1627. Licensure for practical nurses educated outside the United States

§ 1627. Licensure for practical nurses educated outside the United States
To be eligible for licensure under this chapter, a practical nurse applicant who was educated outside the United States shall:
(1) hold a current practical nurse license from a country outside the United States;
(2) complete secondary education;
(3) graduate from a practical nursing education program meeting the requirements of rules set by the Board;
(4) demonstrate English language proficiency if the nursing education program was conducted in a language other than English; and
(5) complete examinations as determined by the Board. (Added 2015, No. 38, § 11, eff. May 28, 2015.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 28 - Nursing › § 1629. Fee waiver; pro bono practice

§ 1629. Fee waiver; pro bono practice
(a) A nurse who holds an unrestricted license in all jurisdictions in which the nurse is currently licensed, who certifies to the Board that he or she will limit his or her practice in Vermont to providing pro bono services at a free or reduced fee clinic, and who meets the requirements for licensure shall be licensed by the Board without payment of the licensing application fee.
(b) A license granted under this section shall authorize the licensee to practice nursing on a voluntary basis in Vermont. (Added 2015, No. 38, § 11, eff. May 28, 2015.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 28 - Nursing › § 1641. Definitions

§ 1641. Definitions
As used in this subchapter:
(1) “Medication nursing assistant” means a licensed nursing assistant who:
(A) is under the supervision of a nurse holding a currently valid endorsement authorizing the delegation to the nursing assistant of tasks of medication administration performed in a nursing home;
(B) has completed a Board-approved medication administration education program and an examination as set forth by rules adopted by the Board; and
(C) is endorsed by the Board and authorized to administer medication in a nursing home.
(2) “Nursing assistant” means an individual who performs nursing or nursing-related functions under the supervision of a licensed nurse.
(3) “Nursing or nursing-related functions” means nursing-related activities as defined by rule, which include basic nursing and restorative duties for which a nursing assistant is prepared by education and supervised practice. (Added 2015, No. 38, § 14, eff. May 28, 2015.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 28 - Nursing › § 1642. Nursing assistant licensure by examination

§ 1642. Nursing assistant licensure by examination
The Board may issue a license to practice as a nursing assistant to an applicant who:
(1) is no less than 16 years of age;
(2) has completed an approved nursing assistant education program; and
(3) has successfully completed the competency examination. (Added 2015, No. 38, § 14, eff. May 28, 2015.)