26 V.S.A. | Title 26 — Professions and Occupations

The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated, provided as a convenience by the Vermont General Assembly. The official text is the printed Vermont Statutes Annotated published by LexisNexis.

Chapter 1 Accountants

Subchapter 1 General Provisions

§§ 1-12 Repealed

[Repealed]

1975, No. 89, § 15.

§ 13 Definitions

As used in this chapter:

(1)(A) “Attest services” means providing the following services:

(i) any audit or other engagement to be performed in accordance with the Statements on Auditing Standards (SAS);

(ii) any review of a financial statement or compilation of a financial statement to be performed in accordance with the Statement on Standards for Accounting and Review Services (SSARS);

(iii) any examination of prospective financial information to be performed in accordance with the Statements on Standards for Attestation Engagements (SSAE);

(iv) any engagement to be performed in accordance with the auditing standards of the Public Company Accounting Oversight Board (PCAOB); or

(v) any examination, review, or agreed upon procedures engagement to be performed in accordance with the SSAE, other than an examination described in subdivision (iii) of this subdivision (1)(A).

(B) The statements on standards specified in this section shall be adopted by reference by the Board pursuant to rulemaking, and shall be those developed for general application by the American Institute of Certified Public Accountants.

(2) “Board” means the Board of Public Accountancy.

(3) “Compilation” means providing a service to be performed in accordance with Statements on Standards for Accounting and Review Services (SSARS) that is presented in the form of financial statements or information that represents management or owners without expressing any type of assurance on the statements.

(4) [Repealed.]

(5) “Firm” means a sole proprietorship, a corporation, a partnership, association, or any other entity that practices public accountancy.

(6) [Repealed.]

(7) “Good character” means fiscal integrity, and a lack of any history of acts involving dishonesty, false statements, or fraud.

(8) “Home office” means the location specified by the client as the address to which a service described in subsection 74c(c) of this title is directed.

(9) “Peer review” means a systemwide study, appraisal, or review of one or more aspects of the professional work of a person or firm in the practice of public accounting that performs attest services by a person or persons who are licensed under this chapter and who are not affiliated with the person or firm being reviewed.

(10) “Practice of public accounting” means the performance or the offering to perform by a person or firm holding itself out to the public as being licensed, registered, or otherwise authorized under this chapter, for a client or potential client, of one or more kinds of services involving the use of accounting or auditing skills, including the issuance of reports on financial statements, or of one or more kinds of management advisory, financial advisory, or consulting services, or the preparation of tax returns or the furnishing of advice on tax matters.

(11) “Principal place of business” means the office location designated by the licensee for the purposes of substantial equivalency and reciprocity.

(12) “Public accountant” means a certified public accountant or a registered public accountant until July 1, 2003, after which the title of registered public accountant will still exist for those licensed as registered public accountants or having received conditional credit toward licensure as a registered public accountant by that date, but will no longer be a title granted by the Board.

(13) “Report” when used with reference to any attest or compilation service, means an opinion, report, or other form of language that states or implies assurance as to the reliability of the attested information or compiled financial statements and that also includes or is accompanied by any statement or implication that the person or firm issuing it has special knowledge or competence in accounting or auditing.

(A) A statement or implication of special knowledge or competence may arise from use by the issuer of the report of names or titles indicating that the person or firm is an accountant or auditor, or from the language of the report itself.

(B) The term “report” includes any form of language that disclaims an opinion when the form of language is conventionally understood to imply any positive assurance as to the reliability of the attested information or compiled financial statements referred to or special competence on the part of the person or firm issuing the language; and it includes any other form of language that is conventionally understood to imply such assurance or such special knowledge or competence.

(14) “Sole proprietorship,” when used for the specific purpose of describing the fee category applicable to a firm under this chapter, means a firm that employs only one certified public accountant.

(15) “State” includes the states of the United States, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, and other jurisdictions recognized by the National Association of State Boards of Accountancy (NASBA).

(Added 1975, No. 89, § 7; amended 1981, No. 161 (Adj. Sess.), § 2; 1991, No. 167 (Adj. Sess.), § 1; 2001, No. 129 (Adj. Sess.), § 4; eff. June 13, 2002; 2007, No. 29, § 4; 2009, No. 35, § 4; 2017, No. 48, § 8; 2019, No. 30, § 9.)

§ 14 Prohibitions

(a) No person or firm shall issue a report on financial statements of, or provide attest services for, any other person, firm, organization, or governmental unit unless the person or firm is licensed or registered under this chapter. This prohibition does not apply to:

(1) an individual with practice privileges set forth under section 74c of this title or a firm exempt from registration under section 74 of this title;

(2) an officer, partner, or employee of any firm or organization affixing their signature to any statement or report in reference to the financial affairs of that firm or organization with any wording designating the position, title, or office that they hold therein;

(3) any act of a public official or employee in the performance of his or her duties as such;

(4) the performance by any persons of other services involving the use of accounting skills, including the preparation of tax returns, management advisory services, and the preparation of financial statements without the issuance of reports thereon.

(b) No individual person may use the title “certified public accountant,” “CPA,” “registered public accountant,” “RPA,” or “auditor” or any other title tending to indicate that he or she is a public accountant, unless he or she is licensed as a public accountant under this chapter or is an individual with practice privileges set forth under section 74c of this title.

(c) No firm may use the title “certified public accountant,” “CPA,” “registered public accountant,” “RPA,” “auditor” or any other title tending to indicate that it is composed of public accountants unless the firm is registered under this chapter, or is exempt from registration under section 74 of this title.

(d) No person may use the title “chartered accountant,” “enrolled accountant,” “licensed accountant,” “certified accountant,” “registered accountant,” “accredited accountant,” or any other title likely to be confused with “certified public accountant” or “registered public accountant,” or the abbreviations “CA,” “EA,” “RA,” “LA,” or “AA,” or similar abbreviations likely to be confused with “CPA” or “RPA.” However, a person licensed under this chapter and individuals with practice privileges set forth under section 74c of this title may use the title “auditor.” The title “enrolled agent” or “EA” may be used only by an individual so designated by the Internal Revenue Service.

(e) No person or firm holding a license under this chapter shall use a professional or firm name or designation that is misleading about the legal form of the firm, or about the persons who are partners, officers, members, managers or shareholders of the firm, or about any other matter; provided, however, that the names of one or more partners, members, managers, or shareholders may be included in the name of a firm or its successor.

(f) However, a sole proprietorship or partnership lawfully using a title or designation in conjunction with those names or designation on July 1, 1981, may continue to do so if that person or partnership otherwise complies with the provisions of this chapter.

(g) The prohibition contained in subsection (a) of this section is applicable to issuance, by a person or firm not holding a valid license or registration, of a report using any form of language conventionally used by public accountants with respect to an audit, review, compilation of financial statements, or other attest services.

(h) No person or firm shall hold themselves out as public accountants while engaged in the practice of public accounting unless they:

(1) hold a valid license or registration issued under this chapter;

(2) qualify for practice privileges set forth under section 74c of this title; or

(3) are exempt from registration under section 74 of this title.

(Added 1975, No. 89, § 8; amended 1981, No. 161 (Adj. Sess.), § 2; 1991, No. 167 (Adj. Sess.) § 2; 1997, No. 40, § 9; 1999, No. 52, § 4; 2001, No. 129 (Adj. Sess.), § 5; eff. June 13, 2002; 2007, No. 29, § 5; 2009, No. 35, § 5.)

§ 15 Exemptions

Nothing in this chapter shall prohibit:

(1) A federal, State, or municipal officer or employee from performing the lawful functions and duties of any office or service required.

(2) An officer, employee, partner, or principal of any organization from:

(A) signing a statement or report in reference to the affairs of that organization, with wording designating the title held in the organization; or

(B) describing himself or herself by title.

(3) A person from offering or rendering to the public bookkeeping and tax services, including devising and installing systems, recording and presenting financial information or data, preparing financial statements, schedules, reports, and exhibits, and similar services.

(4) An individual person from using a title previously held as a public accountant licensed or certified in this or any other state, provided that the person’s license or certificate was not revoked or suspended, and provided further that the person is not currently engaged in the practice of public accounting and does not use the title for the purpose of practicing public accounting.

(5) Other licensed or certified professionals from carrying on in the usual manner any of the functions of their professions.

(6) A firm, which does not hold a valid registration under section 74 of this title and which does not have an office in this State, from providing its professional services and from practicing public accounting in this State as long as the firm complies with the requirements of subsection 74(b) of this title.

(Added 1975, No. 89, § 9; amended 1981, No. 161 (Adj. Sess.), § 2; 1991, No. 167 (Adj. Sess.), § 3; 2001, No. 129 (Adj. Sess.), § 6; eff. June 13, 2002; 2007, No. 29, § 6; 2009, No. 35, § 6.)

§ 16 Repealed

[Repealed]

1981, No. 161 (Adj. Sess.), § 2.

§ 17 Penalty

Any person who violates any provision of section 14 of this chapter shall be subject to the penalties set forth in 3 V.S.A. § 127.

(Added 1975, No. 89, § 11; amended 1981, No. 161 (Adj. Sess.), § 2; 2007, No. 29, § 7; 2019, No. 30, § 9.)

§ 18 Repealed

[Repealed]

1981, No. 161 (Adj. Sess.), § 2.

Subchapter 2 Board of Public Accountancy

§ 51 Creation of Board

(a) The Board of Public Accountancy is created, consisting of five members, who shall be residents of this State.

(b) At least one member of the Board shall be a member of the public who has no pecuniary interest in accounting other than as a consumer or possible consumer of its services. The member shall have no pecuniary interest personally or through a spouse, parent, child, brother, or sister.

(d) Board members shall be appointed for five-year terms by the Governor in accordance with 3 V.S.A. § 129b.

(Amended 1975, No. 89, § 1; 1981, No. 161 (Adj. Sess.), § 2; 1991, No. 167 (Adj. Sess.), § 4; 2001, No. 129 (Adj. Sess.), § 7; eff. June 13, 2002; 2007, No. 29, § 8.)

§ 52 Functioning of Board

(a) Annually, the Board shall meet to elect a chair and a secretary.

(b) Meetings may be called by the Chair and shall be called upon the request of any other two members.

(d) A majority of the members of the Board shall constitute a quorum.

(e) All business may be transacted by a majority vote of the members present and voting, unless otherwise provided by statute.

(Amended 1975, No. 89, § 2; 1981, No. 161 (Adj. Sess.), § 2.)

§ 53 Repealed

[Repealed]

1981, No. 161 (Adj. Sess.), § 2.

§ 54 General powers and duties of the Board

(a) The Board shall adopt rules concerning:

(1) a definition of the practice of public accountancy, interpreting section 13 of this title as appropriate;

(2) qualifications for obtaining licensure, interpreting the relevant statutes as appropriate;

(3) forms approved by the Secretary of State, which are to be used by the Board; and

(4) explanations of appeal and other significant rights given to applicants and the public.

(b) The Board may:

(1) conduct examinations and pass upon the qualifications of applicants for licensing;

(2) adopt rules of professional conduct for establishing and maintaining high standards of competence and integrity in the profession of public accounting;

(3) adopt rules establishing reasonable continuing education requirements, not to exceed 40 hours per year, and establish or approve continuing education programs to assist a licensee in meeting these requirements;

(4) investigate suspected violations of section 14 of this title and suspected unprofessional conduct;

(5) conduct hearings;

(6) issue subpoenas and administer oaths in connection with any authorized investigation or hearing;

(7) take or cause depositions to be taken as needed in any investigation or hearing before it;

(8) receive legal assistance from the Secretary of State’s office and from the Attorney General;

(9) seek and obtain injunctions to restrain violations of section 14 of this title or unprofessional conduct;

(10) cooperate with licensing and regulatory authorities in other jurisdictions to investigate suspected violations of section 14 of this title and suspected unprofessional conduct; and

(11) adopt rules regarding peer reviews that may be required to be performed under this chapter.

(Amended 1975, No. 89, § 4; 1981, No. 161 (Adj. Sess.), § 2; 1985, No. 257 (Adj. Sess.), § 2; 1991, No. 167 (Adj. Sess.), § 5; 1997, No. 145 (Adj. Sess.), § 31; 2001, No. 129 (Adj. Sess.), § 8; eff. June 13, 2002; 2007, No. 29, § 9; 2019, No. 178 (Adj. Sess.), § 5, eff. Oct. 1, 2020.)

§ 55 Repealed

[Repealed]

1981, No. 161 (Adj. Sess.), § 2.

§ 56 Fees

Applicants and persons regulated under this chapter shall pay the following fees:

| (1) Application for license | $115.00 | | --- | --- | | (2) Biennial renewal of license | $255.00 | | (3) Firm registration | $230.00 | | (4) [Repealed.] | | | (5) Firm biennial renewal of registration | $460.00 | | (6) Sole proprietor firm biennial renewal of registration | $230.00 |

(Amended 1975, No. 89, § 6; 1981, No. 161 (Adj. Sess.), § 2; 1989, No. 250 (Adj. Sess.), § 6; 1991, No. 167 (Adj. Sess.), § 6; 1997, No. 59, § 47, eff. June 30, 1997; 1999, No. 49, § 169; 2001, No. 143 (Adj. Sess.), § 19; eff. June 21, 2002; 2009, No. 35, § 7; 2011, No. 33, § 2; 2019, No. 70, § 14; 2019, No. 178 (Adj. Sess.), § 5, eff. Oct. 1, 2020; 2023, No. 77, § 18, eff. June 20, 2023.)

§§ 57-62 Repealed

[Repealed]

1975, No. 89, § 15.

Subchapter 3 Licenses

§ 71 Repealed

[Repealed]

1997, No. 145 (Adj. Sess.), § 31.

§ 71a License by examination

(a) A license as a “certified public accountant” shall be granted by the Board to any person:

(1) who is of good character;

(2) who completes:

(A) [Repealed.]

(B) 150 or more semester hours of college credit at a college or university recognized by the Board, including a baccalaureate degree and a minimum of 42 semester hours of accounting, auditing, and related subjects as the Board determines to be appropriate, and one year of experience in public accounting, meeting the requirements prescribed by Board rule or other experience or employment that the Board in its discretion considers substantially equivalent; and

(3) who has passed the examination required under subsection (b) of this section.

(b) The Board shall administer an examination using a nationally recognized uniform certified public accountants’ examination and advisory grading service.

(c) An applicant who has not yet completed a baccalaureate degree may sit for the exam upon the completion of 120 semester hours at an institution recognized by the Board, including a minimum of 30 semester hours of accounting, auditing, and related subjects as the Board determines to be appropriate.

(Added 1997, No. 145 (Adj. Sess.), § 7; amended 2001, No. 129 (Adj. Sess.), § 9; eff. June 13, 2002; 2007, No. 29, § 10; 2007, No. 163 (Adj. Sess.), § 6; 2009, No. 35, § 8; 2009, No. 35, § 41(b), eff. July 1, 2014.)

§ 71b Repealed

[Repealed]

2007, No. 29, § 77.

§ 72 Repealed

[Repealed]

1997, No. 145 (Adj. Sess.), § 31.

§ 72a General licensing provisions

(a) If a licensee has a principal place of business for the practice of public accounting, the license shall be prominently displayed at that place.

(b) Licensing standards adopted and used by the Board, and its procedures, shall be fair and reasonable and shall be designed and implemented to measure and reasonably ensure an applicant’s qualifications to practice public accounting. They shall not be designed or implemented for the purpose of limiting the number of licensees.

(Added 1981, No. 161 (Adj. Sess.), § 2; amended 1991, No. 167 (Adj. Sess.), § 9; 1997, No. 40, § 15; 2001, No. 129 (Adj. Sess.), § 11; eff. June 13, 2002; 2007, No. 29, § 11; 2009, No. 35, § 41(a).)

§ 72b Licensure by endorsement

Without requiring an examination, the Board shall issue an appropriate license to a public accountant who is licensed or certified under the laws of another state:

(1) with education, examination, and experience requirements that the Board considers to be substantially equal to those of this State; or

(2)(A) upon a showing that the applicant has had five years of experience in the practice of public accountancy or meets equivalent requirements prescribed by the Board by rule within the 10 years immediately preceding the application; and

(B) has fulfilled the requirements of continuing education or continuing professional competence programs that would have been applicable under subsection 75(b) of this title.

(Added 2007, No. 29, § 12.)

§ 73 Corporations practicing public accounting

A corporation, limited liability company, partnership, or other business organization engaged in the practice of public accounting may be disciplined by the Board for the unprofessional conduct of its officers, directors, managers, members, partners, shareholders, and employees. Disciplinary action against a corporation, limited liability company, partnership, or other business organization may include recommending to the Secretary of State that involuntary dissolution proceedings be begun.

(Added 1975, No. 89, § 13; amended 1981, No. 161 (Adj. Sess.), § 2; 1997, No. 40, § 10; 1999, No. 133 (Adj. Sess.), § 3.)

§ 74 Firms; registration and ownership

(a) A firm shall be required to obtain registration pursuant to this section if the firm:

(1) has an office established or maintained in this State for the practice of public accounting;

(2) has an office established or maintained in this State that uses the title “CPA” or “CPA firm”; or

(3) does not have an office in this State but performs services described in subdivision 13(1)(A)(i), (iii), or (iv) of this chapter for a client with a home office in this State.

(b) A firm that does not have an office in this State may perform those services set forth in subdivision 13(1)(A)(ii), 13(1)(A)(v), or 13(3) of this chapter for a client with a home office in this State, may otherwise practice public accounting as authorized under this chapter, and may use the title “CPA” or “CPA firm” without a registration issued only if the firm:

(1) meets the qualifications set forth in subsections (c) and (d) of this section;

(2) meets the requirements of subsection 75(c) of this chapter, as applicable; and

(3) performs services through an individual with practice privileges set forth under section 74c of this chapter.

(c) An applicant for initial registration or renewal under this section shall be required to show that, notwithstanding any other provision of law, a simple majority of the ownership of the firm, in terms of equity, creditor and voting rights of all partners, officers, members, shareholders, or managers, belongs to holders of a certificate who are licensed in some state, and such partners, officers, members, shareholders, or managers, whose principal place of business is in this State, and who perform professional services in this State, hold a valid license issued under this chapter. Although firms may include nonlicensee owners, the firm and its ownership must comply with the rules adopted by the Board.

(d) Any CPA or RPA firm as defined in this chapter may include nonlicensee owners, provided that:

(1) The firm designates a licensee of this State or, in the case of a firm that is required to have a registration pursuant to subsection (a) of this section, a licensee who meets the requirements set forth in section 74c of this chapter who is responsible for the proper registration of the firm, and identifies that individual to the Board.

(2) All nonlicensee owners are active individual participants in the CPA or RPA firm or affiliated entities.

(3) The firm complies with other requirements as the Board may impose by rule.

(e) Any individual licensee who is responsible for supervising attest services and signs or authorizes someone to sign the accountant’s report on behalf of the firm shall meet the experience and competency requirements set out in the professional standards for such services.

(f) Any individual exercising practice privileges pursuant to section 74c of this chapter, and who is responsible for supervising attest services and signs or authorizes someone to sign the accountant’s report on behalf of the firm, shall meet the experience and competency requirements set forth in the professional standards for those services.

(g) Each office in this State shall be under the supervision of a public accountant who is licensed in this State.

(Added 1975, No. 89, § 13; amended 1981, No. 161 (Adj. Sess.), § 2; 1991, No. 167 (Adj. Sess.), § 10; 1997, No. 59, § 48, eff. June 30, 1997; 1999, No. 133 (Adj. Sess.), § 4; 2001, No. 129 (Adj. Sess.), § 12; eff. June 13, 2002; 2007, No. 29, § 13; 2009, No. 35, § 9; 2017, No. 48, § 9; 2019, No. 178 (Adj. Sess.), § 5, eff. Oct. 1, 2020.)

§ 74a Repealed

[Repealed]

2019, No. 30, § 9.

§ 74b Repealed

[Repealed]

2001, No. 129 (Adj. Sess.), § 14.

§ 74c Substantial equivalency

(a) An individual whose principal place of business is not in this State shall be presumed to have qualifications substantially equivalent to this State’s requirements and shall have the privileges of licensure of this State, without the need to obtain a license under section 72b of this title, if the individual:

(1) holds a valid license as a certified public accountant from a state the Board determines has licensure requirements substantially equivalent to the requirements of the AICPA/NASBA Uniform Accountancy Act; or

(2) holds a valid license as a certified public accountant from any state, and the individual obtains verification from the NASBA National Qualification Appraisal Service that the individual’s qualifications are substantially equivalent to the licensure requirements of the AICPA/NASBA Uniform Accountancy Act. An individual who passed the uniform CPA examination and holds a valid license issued by any state prior to January 1, 2012 shall be exempt from the education requirements of subdivision 5(c)(2) of the Uniform Accountancy Act for purposes of this section.

(b) An individual licensee of another state exercising the privileges afforded under this section and the firm that employs that licensee, as a condition of the exercise of this privilege, shall consent to the following:

(1) personal and subject matter jurisdiction and the disciplinary authority of the Board;

(2) compliance with this chapter and the Board’s administrative rules and any other laws governing the practice of the profession in this State under the jurisdiction of the Board;

(3) cease offering or rendering professional services in this State individually and on behalf of a firm in the event the license issued by the state of the licensee’s principal place of business is no longer valid or is otherwise conditioned or restricted;

(4) the appointment of the state board or licensing authority, which issued its license, as the agent upon whom process may be served in any action or proceeding by the Board against the licensee; and

(5) perform only those services within the scope of practice authorized by the state of the licensee’s principal place of business.

(c) An individual practicing pursuant to this section and who performs services in this State, or an individual practicing pursuant to this section and who performs services for an entity with its home office in this State, may only provide the following services through a firm registered under section 74 of this title:

(1) a financial statement audit or other engagement to be performed in accordance with the Statements on Auditing Standards;

(2) an examination of prospective financial information to be performed in accordance with the Statements on Standards for Attestation Engagements;

(3) an engagement to be performed in accordance with PCAOB Auditing Standards.

(d) An individual who qualifies for practice privileges under this section and who performs services for which a firm registration is required shall not be required to obtain a license from this State.

(e) A licensee of this State offering or rendering services or using its title in another jurisdiction shall be subject to disciplinary action in this State for acts of unprofessional conduct committed in another jurisdiction that would otherwise subject the licensee to discipline in this State. The Board has the authority to investigate complaints made by persons of another state.

(f) Notwithstanding any provision of law to the contrary, an individual who performs professional services pursuant to this section shall not be assessed a fee or be required to provide notice to the Board.

(Added 2009, No. 35, § 11.)

§ 75 Renewal

(a) Public accountant licenses and firm registrations under this chapter shall be renewed every two years on payment of the required fee.

(b) As a condition of renewal of a license as a public accountant, the Board may require that the licensee establish that he or she has satisfied continuing education requirements established by Board rule.

(c) The Board may by rule require, on either a uniform or a random basis, as a condition to renewal of firm registrations under section 74 of this title, that applicants undergo peer reviews conducted no more frequently than once every three years in such manner and producing such satisfactory result as the Board may specify, provided, however, that any such requirement:

(1) shall be adopted reasonably in advance of the time when it is first required to be met; and

(2) shall include a reasonable provision for compliance by an applicant’s showing that the applicant has undergone a satisfactory peer review performed for other purposes that was substantially equivalent to peer reviews generally required pursuant to this section, and completion of such review was within the three years immediately preceding the renewal period.

(d) Information submitted for peer reviews is exempt from public disclosure under 1 V.S.A. § 317(c)(3) and (6).

(e) If a licensee fails to renew within 10 years of the license lapsing, the licensee must file a new application for licensure and satisfy the initial licensure requirements of the Board in order to obtain a license.

(Added 1975, No. 89, § 13; amended 1981, No. 161 (Adj. Sess.), § 2; 1991, No. 167 (Adj. Sess.), § 13; 1997, No. 59, § 49, eff. June 30, 1997; 1999, No. 133 (Adj. Sess.), § 5; 2001, No. 129 (Adj. Sess.), § 15; eff. June 13, 2002.)

§ 75a Agent for process

An application under this chapter for a license or registration by a person who is not a resident of this State shall constitute the appointment of the Secretary of State as an agent for service of process in any action or proceeding arising out of any transaction, activity, or operation in this State by the applicant concerning the practice of public accounting.

(Added 1981, No. 161 (Adj. Sess.), § 2.)

Subchapter 4 Discipline

§ 76 Unprofessional conduct

Unprofessional conduct means:

(1) The conduct prohibited by this section, by 3 V.S.A. § 129a, or by other statutes relating to public accounting, whether or not that conduct is by a licensee, an applicant, or a person who later becomes an applicant;

(2) Disciplinary action by another state or country or federal agency of a license or certificate to practice public accountancy;

(3) Failing to make available, upon request of a person using public accounting services, copies of documents in the possession or under the control of the accountant, when those documents have been prepared for and paid for by the user of services;

(4) Failing to return client-supplied information and documents, in whatever form contained, upon request of the client;

(5) Any of the following except when reasonably undertaken in an emergency situation in order to protect life, health, or property:

(A) practicing or offering to practice beyond the scope permitted by law; or

(B) accepting and performing public accounting responsibilities that the licensee knows or has reason to know that he or she is not competent to perform;

(C) performing public accounting services that have not been authorized by the consumer or the consumer’s legal representative;

(6) Dishonesty, fraud, or negligence in the practice of public accountancy, including making misleading, deceptive, or untrue representations in the practice of public accountancy;

(7) The making of any false or misleading statement in support of an application filed by another;

(8) Failure of a licensee to provide any explanation requested by the Board regarding evidence submitted by the licensee in support of an application for licensure filed by another, or regarding evidence submitted by the licensee in support of an application for licensure filed by another, or regarding a failure or refusal to submit such evidence; and failure by a licensee to furnish for inspection, upon request by the Board, or its representative, documentation relating to any evidence submitted by the licensee in support of such an application; or

(9) Failing to report changes to the Board as required by statute and the Board’s rules.

(Added 1975, No. 89, § 13; amended 1981, No. 161 (Adj. Sess.), § 2; 1991, No. 167 (Adj. Sess.), § 14; 1997, No. 145 (Adj. Sess.), § 32; 2001, No. 129 (Adj. Sess.), § 16; eff. June 13, 2002.)

§ 77 Repealed

[Repealed]

1981, No. 161 (Adj. Sess.), § 2.

§ 78 Repealed

[Repealed]

2019, No. 178 (Adj. Sess.), § 5, eff. October 1, 2020

§ 79 Repealed

[Repealed]

1989, No. 250 (Adj. Sess.), § 92.

§ 80 Repealed

[Repealed]

1983, No. 230 (Adj. Sess.), § 17(1).

Subchapter 5 Property; Testimonial Privilege

§ 81 Ownership of accountant’s working papers

(a) All statements, records, schedules, working papers, and memoranda made by a public accountant incident to or in the course of professional services to clients, except reports submitted by a public accountant to a client, are the property of the accountant. However, an express agreement between the accountant and the client to the contrary shall take precedence over this subsection.

(b) No statement, record, schedule, working paper, or memorandum shall be sold, transferred, or bequeathed, without the consent of the client or his or her personal representative or assignee, to anyone other than one or more surviving partners or new partners of the accountant or to his or her corporation or any combined or merged partnership or successor in interest to the partnership.

(c) Original copies of client documents in the possession of the licensee are the property of the client, and must be returned to the client upon request.

(d) An accountant or accountancy firm shall have in place a plan for responsible disposition of client records in case of unexpected incapacity or firm dissolution.

(Added 1981, No. 161 (Adj. Sess.), § 2; amended 1991, No. 167 (Adj. Sess.), § 15; 2001, No. 129 (Adj. Sess.), § 18, eff. June 13, 2002; 2019, No. 30, § 9.)

§ 82 Confidential communications

(a) No firm or any of its employees or other public accountants engaged by the firm, shall disclose any confidential information obtained in the course of a professional engagement except with the consent of the client or former client or as disclosure may be required by law, legal process, or the standards of the profession.

(b) This section does not limit the authority of this State or of the United States to subpoena and use information in connection with any investigation, or proceedings. This section does not prohibit a public accountant whose professional competence has been challenged in a court or before an administrative agency from disclosing confidential information as a part of a defense.

(c) Nothing in this chapter prohibits a firm or any of its employees, from disclosing any data to other public accountants, peer review teams, or partnerships or corporations of public accountants engaged in conducting peer reviews under the auspices of a recognized professional association, or any of their employees, in connection with peer reviews of the accountant’s accounting and auditing practice.

(d) Nothing contained in this chapter prohibits a firm or any of its employees, from disclosing any data in confidence to any representative of a recognized professional association or to the Board in connection with a professional ethics investigation or in the course of a peer review.

(Added 1981, No. 161 (Adj. Sess.), § 2; amended 1991, No. 167 (Adj. Sess.), § 16; 2001, No. 129 (Adj. Sess.), § 19, eff. June 13, 2002; 2007, No. 29, § 15.)

Chapter 3 Architects

Subchapter 1 General Provisions

§ 121 Definitions

As used in this chapter:

(1) “Architect” means a person who is licensed to practice architecture under this chapter.

(2) “Board” means the “Vermont Board of Architecture.”

(3) “Disciplinary action” includes any action taken against a licensee by the Board or on appeal from the Board, when that action suspends, revokes, limits, or conditions a license in any way, and includes reprimands and dismissals.

(4) “Plans” or “working drawings” mean any drawings or graphic representations or any combination of drawings or graphic representations, or reproductions thereof, prepared for the purpose of illustrating proposed or intended designs for the construction, enlargement, or alteration of any building or project.

(5) The “practice of architecture” means providing professional services such as consultation, investigation, evaluation, planning, designing (including structural design), or responsible supervision of construction in connection with any building or structure that has as its principal purpose human occupancy or habitation.

(6) “Responsible control” means that amount of control over and detailed knowledge of the content of technical submissions during their preparation as is ordinarily exercised by licensed architects applying the required professional standard of care.

(7) “Supervision” means work prepared under the regular, personal review of a licensed architect’s control and as to which the architect has detailed professional knowledge.

(8) “Technical submissions” means designs, drawings, specifications, studies, and other technical reports prepared in the course of executing a portion of a construction project.

(Amended 1985, No. 248 (Adj. Sess.), § 1; 1999, No. 52, § 5a; 1999, No. 133 (Adj. Sess.), § 6.)

§ 122 Prohibitions; penalties

(a) No person shall:

(1) practice or attempt to practice architecture or hold himself or herself out as being able to do so in this State without first having obtained the license required by this chapter;

(2) use in connection with the person’s name any letters, words, title, or insignia indicating or implying that the person is an architect unless the person is licensed in accordance with this chapter;

(3) practice or attempt to practice architecture during license revocation or suspension;

(4) stamp or seal any documents with their architect’s seal if their license to practice architecture has expired or is revoked; or

(5) violate any of the provisions of this chapter.

(b) A person who violates any of the provisions of subsection (a) of this section shall be subject to the penalties provided in 3 V.S.A. § 127(c).

(c) Injunctive relief will be available on application of the Office of Attorney General or an attorney assigned by the Office of Professional Regulation, pursuant to a complaint filed in the Superior Court of Washington County to restrain violations of this chapter.

(Amended 1985, No. 248 (Adj. Sess.), § 1; 2005, No. 27, § 15; 2007, No. 29, § 16.)

§ 123 Repealed

[Repealed]

1973, No. 118, § 25, eff. Oct. 1, 1973.

§ 124 Construction; exemptions

(a) This chapter shall not be construed to affect or prevent:

(1) the practice of engineering by a professional engineer licensed under the laws of this State;

(2) the preparation of working drawings, details, and shop drawings by persons other than architects for use in connection with the execution of their work;

(3) employees of those lawfully practicing as architects under the provisions of this chapter from acting under the instruction, control, or supervision of their employers;

(4) supervision by builders or superintendents employed by such builders, of the construction or structural alteration of buildings or structures;

(5) design and construction, and the provision of services related thereto, of the following if the structure is:

(A) a detached single, two-family, three-family, or four-family dwelling, or a shed, storage building, or garage incidental to that dwelling;

(B) a farm building, including barns, silos, sheds, or housing for farm equipment and machinery, livestock, poultry, or storage; or

(C) a pre-engineered building, or a building, plans for which have been stamped or sealed by a licensed professional in the appropriate field.

(b) The provisions of this section shall not be construed to permit any person not licensed as provided in this chapter to use the title architect, or any title, sign, card, or device to indicate that such person is an architect.

(Amended 1985, No. 248 (Adj. Sess.), § 1.)

Subchapter 2 Vermont Board of Architects

§ 161 Creation of Board; appointment of members; term of office; oath of office

(a) A board of architects is created whose official title shall be “Vermont Board of Architects.”

(b) The Board shall consist of seven members appointed by the Governor as follows: five architects and two public members. All members shall be Vermont residents. The architect members shall have been in active practice in Vermont for not less than three years and shall be in active practice during their incumbency. The public members shall be persons who have no financial interest personally or through a spouse, parent, child, brother, or sister in the activities regulated under this chapter, other than as consumers or possible consumers of its services.

(d) Each member shall file with the Director of the Office of Professional Regulation the constitutional oath of office.

(e) Vacancies may be filled in the same manner that initial appointments are made.

(f) No member may be appointed to more than two consecutive terms.

(g) [Repealed.]

(Amended 1959, No. 160, § 1; 1985, No. 248 (Adj. Sess.), § 1; 1989, No. 250 (Adj. Sess.), § 4(d); 2005, No. 27, § 16.)

§ 162 Meetings of Board; quorum

(a) A majority of the members of the Board shall be a quorum for transacting business and all action shall be taken upon a majority vote of the members present and voting.

(b) The provisions of 3 V.S.A. chapter 25 (the Vermont Administrative Procedure Act) relating to contested cases shall apply to proceedings under this chapter.

(c) Fees for the service of process and attendance before the Board shall be the same as the fees paid sheriffs and witnesses in Superior Court.

(Amended 1985, No. 248 (Adj. Sess.), § 1; 2005, No. 27, § 17.)

§ 163 Repealed

[Repealed]

1985, No. 248 (Adj. Sess.), § 1.

§ 164 Powers and duties of Board generally

(a) The Board shall:

(1) adopt rules, according to the provisions of 3 V.S.A. chapter 25, the Administrative Procedure Act, that are necessary for the performance of its duties;

(2) provide general information to applicants for licensure as architects;

(3) explain appeal procedures to licensees and applicants and complaint procedures to the public;

(4) adopt rules that define the activities that must be completed by an applicant in order to fulfill the experience requirements established by this chapter. Such activities shall be designed to ensure that all applicants acquire experience in critical areas of architecture but shall not be used to limit or unduly delay admission to practice;

(5) inform applicants of their right to register a complaint with the Board and the Office of Professional Regulation if they are unable to obtain the supervision necessary to fulfill the experience requirements of this chapter or the rules adopted under this chapter. The Board shall monitor the availability of supervised activities to determine that the experience requirements do not become a barrier to entry into the profession;

(6) if applications for licensure by examination are pending, offer examinations at least once each year and pass upon the qualifications of applicants;

(7) use the administrative and legal services provided by the Office of Professional Regulation under 3 V.S.A. chapter 5.

(b) The Board may conduct hearings as provided in 3 V.S.A. chapter 5.

(Amended 1983, No. 230 (Adj. Sess.), § 17(2); 1985, No. 248 (Adj. Sess.), § 1; 1989, No. 250 (Adj. Sess.), § 4(d); 2005, No. 148 (Adj. Sess.), § 5.)

§ 165 Repealed

[Repealed]

1997, No. 145 (Adj. Sess.), § 31.

§§ 166-170 Repealed

[Repealed]

1985, No. 248 (Adj. Sess.), § 1.

Subchapter 3 Licensure

§ 201 Qualifications

(a) To qualify for licensure as an architect in this State, an applicant shall have attained the age of majority and shall have graduated from an approved four-year high school course or must have equivalent training. Additionally, an applicant shall have had:

(1) Satisfactory training in a school or college of architecture approved by the Board, with graduation therefrom as evidenced by a diploma setting forth a satisfactory degree in an accredited architectural program, and three years of practical architectural experience under the supervision of a practicing architect or architects who have been licensed for more than three years; or

(2) A total of nine years of diversified practical architectural experience under the supervision of a practicing architect or architects who have been licensed for more than three years. Credits from an accredited postsecondary educational institution may be substituted for up to four years of the experience requirement; or

(3) Training equivalent to that required herein.

(b) An applicant shall pass written examinations under a syllabus selected or prepared by the Board, in such technical and professional subjects as may be prescribed by the Board. Examinations may be taken before the applicant completes the experience requirements established by this chapter, provided that the applicant has completed all but the final year of required practical experience. Notification of the results of such examinations shall be mailed to each candidate within 30 days of the date the results are received by the Board. A candidate failing to pass the examinations may apply for re-examination and may sit for any regularly scheduled examination as many times as the candidate chooses to do so. If an applicant does not pass the entire examination, the applicant shall not be required to retake any section of an examination that the applicant previously passed.

(c) Upon application for licensure, the applicant shall file a report to the Board certifying the practical experience requirements completed. The supervisor shall certify that to the best of the supervisor’s knowledge, the report is correct.

(d) The Board may conduct a personal interview of an applicant. A personal interview shall be for the limited purposes of assisting the applicant to obtain licensure and to verify the applicant’s educational qualifications and that the applicant completed the practical architectural experience requirements for licensure. A personal interview shall not serve directly or indirectly as an oral examination of the applicant’s substantive knowledge of architecture. An interview conducted under this section shall be taped and, at the request of the applicant, shall be transcribed. An applicant who is denied licensure shall be informed in writing of his or her right to have the interview transcribed free of charge. At least one of the public members of the Board shall be present at any personal interview.

(e) When the Board intends to deny an application for licensure, the Director of the Office of Professional Regulation shall send the applicant written notice of preliminary decision by certified mail, return receipt requested. The notice shall include a specific statement of the reasons for the action. Within 30 days of the date that an applicant receives such notice, the applicant may file a petition with the Board for review of its preliminary action. In cases where denial is based upon failure to pass the examination, the applicant may request and shall receive, within 30 days from the date of receipt of the request, further and more specific information on the content of questions which were answered incorrectly, and as to what the correct answers should have been. Such information shall be provided in the manner prescribed by the testing service. At the hearing to review the preliminary decision, which, if the applicant chooses, may not take place until the Board has responded to inquiries about the questions and answers, the burden shall be on the applicant to show that licensure should be granted. After the hearing, the Board shall affirm or reverse the preliminary denial. The applicant may appeal a final denial by the Board to the appeals panel.

(f) The Board may establish by rule intern development program training requirements for the purpose of providing a structured transition between formal education and architectural licensure. Completion of the program shall be a condition of eligibility for licensure under this chapter.

(Amended 1959, No. 160, § 4; 1969, No. 121, eff. April 22, 1969; 1971, No. 184 (Adj. Sess.), § 11, eff. March 29, 1972; 1985, No. 248 (Adj. Sess.), § 1; 1989, No. 250 (Adj. Sess.), § 4(d); 1997, No. 145 (Adj. Sess.), § 10.)

§ 202 Repealed

[Repealed]

1959, No. 160, § 5.

§ 203 Corporations; limited liability companies

(a) The right to practice architecture is a personal right based on the qualities of the individual and evidenced by a nontransferable license.

(b) A corporation, limited liability company, partnership, association, or individual proprietorship may furnish architectural services provided a member or employee thereof is a licensed architect and is in responsible charge of such services, and provided all plans and specifications are signed and stamped with the personal seal of the licensed architect in responsible charge.

(c) A corporation, limited liability company, partnership, association, or individual proprietorship with which the architect may practice shall be jointly and severally liable with the architect for work performed.

(Amended 1985, No. 248 (Adj. Sess.), § 1; 1997, No. 40, § 11.)

§ 204 Licenses generally

The Board shall upon payment of the fees prescribed in this chapter, license any applicant who, in the opinion of the Board, has satisfactorily met all the requirements of this chapter. Certificates of licensure shall bear a serial number and the full name of the licensee, and shall bear the signatures of the Chair, the Secretary of the Board, and the seal of the Board.

(Amended 1985, No. 248 (Adj. Sess.), § 1.)

§ 205 Licensure without examination

The Board may, upon payment of the required fee, license without examination an applicant who presents evidence that he or she:

(1) is licensed in another state in which the requirements for licensure are essentially equivalent to those required by this chapter; or

(2) holds the certificate of the National Council of Architectural Registration Boards.

(Amended 1966, No. 48 (Sp. Sess.); 1985, No. 248 (Adj. Sess.), § 1.)

§ 205a License renewal

(a) Licenses 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 by the license beginning on the expiration date of the license. A license that has lapsed shall be reinstated upon payment of the biennial renewal fee and the late renewal penalty.

(b) The Board may adopt rules necessary for the protection of the public to assure the Board that an applicant whose license has lapsed for more than three years is professionally qualified before reinstatement may occur. Conditions imposed under this subsection shall be in addition to the requirements of subsection (a) of this section.

(c) In addition to the provisions of subsection (a) of this section, an applicant for renewal shall have satisfactorily completed continuing education as required by the Board. For purposes of this subsection, the Board may require, by rule, not more than 24 hours of approved continuing education as a condition of renewal.

(Added 1997, No. 145 (Adj. Sess.), § 11; amended 2005, No. 27, § 18.)

§ 206 Display of license

A license shall be displayed in a conspicuous place in the licensee’s principal place of business or employment.

(Amended 1985, No. 248 (Adj. Sess.), § 1.)

§ 207 Repealed

[Repealed]

1985, No. 248 (Adj. Sess.), § 1.

§ 208 Seal

Each licensee shall obtain a seal of such design as the Board shall authorize and direct. Plans and specifications prepared by, or under the direct supervision of, a licensed architect shall be stamped with the licensee’s seal.

(Amended 1985, No. 248 (Adj. Sess.), § 1.)

§ 209 Fees

Applicants and persons regulated under this chapter shall pay the following fees:

| (1) | Application for initial license | $120.00 | | --- | --- | --- | | (2) | Bennial renewal | $225.00 |

(Amended 1967, No. 105, eff. April 14, 1967; 1985, No. 248 (Adj. Sess.), § 1; 1989, No. 250 (Adj. Sess.), § 8; 1999, No. 49, § 170; 2001, No. 143 (Adj. Sess.), § 20, eff. June 21, 2002; 2005, No. 202 (Adj. Sess.), § 10; 2023, No. 77, § 22, eff. June 20, 2023.)

§ 210 Unprofessional conduct

Unprofessional conduct means the following conduct and the conduct set forth in 3 V.S.A. § 129a:

(1) assisting the application for licensure of a person known by the licensee to be unqualified in respect to education, training, or experience;

(2) accepting compensation for services from more than one party on a project unless the circumstances are fully disclosed and agreed to by all interested parties;

(3) failing to disclose fully in writing to a client or employer the nature of any business association or direct or indirect financial interest substantial enough to influence the licensee’s judgment in the performance of professional services;

(4) soliciting or accepting compensation from material or equipment suppliers in return for specifying or endorsing their products;

(5) rendering decisions favoring either party to a contract when acting as interpreter of building contract documents and judge of contract performance;

(6) failing to disclose compensation for making public statements on architectural questions;

(7) offering or making any payment or gift to an elected or appointed government official with the intent to influence the official’s judgment in connection with a prospective or existing project in which the licensee is interested;

(8) offering or making any gifts of other than nominal value, including reasonable entertainment and hospitality, with the intent to influence the judgment of an existing or prospective client in connection with a project in which the licensee is interested;

(9) practicing or offering to practice beyond the scope permitted by law;

(10) knowingly designing a project in violation of applicable state and local building laws and regulations;

(11) accepting and performing responsibilities that the licensee knows or has reason to know that he or she is not competent to perform or undertaking to perform professional services in specific technical areas in which the licensee is not qualified by education, training, and experience;

(12) failing to practice with reasonable care and competence and to apply the technical knowledge and skill ordinarily applied by licensees practicing in the same locality;

(13) making any willful material misrepresentation with respect to the qualifications of or experience of an applicant or otherwise in the practice of the profession, whether by commission or omission;

(14) agreeing with any other person, as defined in 1 V.S.A. § 128, or subscribing to any code of ethics or organizational bylaws, when the intent or primary effect of that agreement, code, or bylaw is to restrict or limit the flow of information concerning alleged or suspected unprofessional conduct to the Board;

(15) failing to report to the Board knowledge of a violation of these rules by another licensee;

(16) failing to report to the public official charged with enforcement of applicable state or municipal building laws and regulations any decision taken by the licensee’s employer or client, against the licensee’s advice, which violates applicable state or municipal building laws and regulations and which will, in the licensee’s judgment, materially affect adversely safety to the public or the finished project;

(17) acting, while serving as a Board member, in any way to contravene willfully the provisions of this chapter and thereby artificially restricting the entry of qualified persons into the profession;

(18) using the licensee’s seal on drawings prepared by others not in the licensee’s direct employ, or using the seal of another;

(19) inaccurately representing to a prospective or existing client or employer the licensee’s qualifications and scope of responsibility for work for which the licensee claims credit;

(20) signing or sealing technical submissions unless they were prepared by or under the responsible control of the licensee; except that (A) the licensee may sign or seal those portions of the technical submissions that were prepared by or under the responsible control of persons who are licensed under this chapter if the licensee has reviewed and adopted in whole or in part such portions and has either coordinated their preparation or integrated them into his or her work, and (B) the licensee may sign or seal those portions of the technical submissions that are not required by this section to be prepared by or under the responsible control of a licensee if the licensee has reviewed and adopted in whole or in part such submissions and integrated them into his or her work. Reviewing, or reviewing and correcting, technical submissions after they have been prepared by others does not constitute the exercise of responsible control because the reviewer has neither control over nor detailed knowledge of the content of such submissions throughout their preparation. Any licensee signing and sealing technical submissions not prepared by that licensee but prepared under the licensee’s responsible control by persons not regularly employed in the office where the licensee is resident shall maintain and make available to the Board upon request, for at least five years following such signing and sealing, adequate and complete records demonstrating the nature and extent of the licensee’s control over and detailed knowledge of such technical submissions throughout their preparation;

(21) in each office maintained for preparation of drawings, specifications, reports, or other professional work, failing to have a licensee with direct knowledge and supervisory control of such work resident and regularly employed in that office.

(Amended 1985, No. 248 (Adj. Sess.), § 1; 1997, No. 145 (Adj. Sess.), § 33; 1999, No. 52, § 5b.)

§ 211 Repealed

[Repealed]

2005, No. 148 (Adj. Sess.), § 54.

§ 212 Repealed

[Repealed]

1989, No. 250 (Adj. Sess.), § 92.

Chapter 5 Barbers

§§ 261-270 Repealed

[Repealed]

1997, No. 40, § 17.

Chapter 6 Barbers and Cosmetologists

Subchapter 1 General Provisions

§ 271 Definitions

As used in this chapter:

(1) “Barbering” means engaging in the continuing performance, for compensation, of any of the following activities: cutting, shampooing, or styling hair; shaving the face, shaving around the vicinity of the ears and neckline, or trimming facial hair; facials, skin care, or scalp massages, and bleaching, coloring, straightening, or permanent-waving hair, or similar work by any means, with hands or mechanical or electrical apparatus or appliances. Barbering also includes esthetics.

(2) “Cosmetology” means engaging in the continuing performance, for compensation, of any of the following activities:

(A) Work on the hair of any person, including dressing, curling, waving, cleansing, cutting, bleaching, coloring, or similar work by any means, with hands or mechanical or electrical apparatus or appliances.

(B) Esthetics.

(3) “Director” means the Director of the Office of Professional Regulation.

(4)(A) “Esthetics” means services related to skin-care treatments to enhance or improve the appearance of the skin, including:

(i) cleansing, toning, stimulating, manipulating, beautifying, exfoliating, or performing any similar procedure on the human body using only cosmetic preparations, hands, mechanical or electrical apparatus or appliances, tonics, lotions, creams, or makeup;

(ii) beautifying lashes and brows; and

(iii) removing unwanted hair using manual and mechanical means.

(B) “Esthetics” does not include any of the following:

(i) the sale or application of cosmetics to customers in retail stores or customers’ homes;

(ii) any practice, activity, or treatment that constitutes the practice of medicine, as defined in section 1311 of this title, including injections of any substance and the use of lasers; or

(iii) the application of permanent cosmetics.

(5) “Manicuring” or “nail technician practice” means the nonmedical treatment of a person’s fingernails or toenails or the skin in the vicinity of the nails and includes the use of cosmetic preparations or appliances.

(6) “School of barbering or cosmetology” means a facility or facilities regularly used to train or instruct persons in the practice of barbering or cosmetology.

(7) “Shop” means a facility or facilities regularly used to offer or provide barbering, cosmetology, esthetics, or manicuring.

(Added 1997, No. 40, § 16; amended 2005, No. 27, § 19; 2017, No. 144 (Adj. Sess.), § 12, eff. Jan. 1, 2019; 2023, No. 158 (Adj. Sess.), § 3, eff. June 6, 2024.)

§ 272 Prohibitions; offenses

(a) A person shall not practice or attempt to practice barbering, cosmetology, esthetics, or manicuring or use in connection with the person’s name any letters, words, title, or insignia indicating or implying that the person is a barber, cosmetologist, esthetician, or manicurist unless the person is licensed in accordance with this chapter.

(b) A person who owns or controls a shop or school of barbering, cosmetology, esthetics, or manicuring shall not permit the practice of barbering, cosmetology, esthetics, or manicuring unless the shop or school is registered in accordance with this chapter.

(Added 1997, No. 40, § 16; amended 2017, No. 144 (Adj. Sess.), § 12, eff. Jan. 1, 2019; 2023, No. 158 (Adj. Sess.), § 4, eff. June 6, 2024.)

§ 273 Exemptions

The provisions of this chapter regulating barbers and cosmetologists shall not:

(1) affect or prevent the practice of barbering or cosmetology by a student at a school recognized by the Director;

(2) limit or restrict in any manner the right of a practitioner of another licensed profession or occupation from carrying on in the usual manner any of the functions incidental to that profession or occupation;

(3) prohibit a licensee from providing barbering or cosmetology services outside a licensed shop so long as those services are limited to only:

(A) patients or residents within a hospital, nursing home, community care home, or any similar facility;

(B) persons who are homebound, disabled, or in a hospice or similar program, or to deceased persons in a funeral home;

(C) persons as part of a special event, provided the sanitation standards expected of licensees in licensed shops are followed;

(4) affect or prevent individuals from serving as make-up artists or hairdressers in the theatrical and performing arts industries;

(5) affect or prevent the practice of barbering or cosmetology outside a registered shop or school by licensees in accordance with rules adopted by the Director;

(6) affect or prevent the practice of barbering or cosmetology within the confines of a State correctional facility by a person incarcerated therein, who has completed training acceptable to the Commissioner of Corrections; or

(7) affect or prevent the practice of natural hair braiding or styling, provided such practice does not involve cutting; the application of chemicals, dyes, or heat; or other changes to the structure of hair.

(Added 1997, No. 40, § 16; amended 2005, No. 27, § 20; 2007, No. 163 (Adj. Sess.), § 6a; 2017, No. 144 (Adj. Sess.), § 12, eff. Jan. 1, 2019.)

§ 274 Repealed

[Repealed]

2017, No. 144 (Adj. Sess.), § 12, eff. Jan. 1, 2019.

Subchapter 2 Administration

§ 275 Repealed

[Repealed]

2017, No. 144 (Adj. Sess.), § 12, eff. Jan. 1, 2019.

§ 276 General powers and duties of the Director

(a) The Director shall:

(1) adopt rules that:

(A) prescribe sanitary and safety standards for shops, schools, and other facilities used for the practice of barbering, cosmetology, esthetics, or manicuring;

(B) prescribe safe and sanitary practices for the performance of activities related to the practice of barbering, cosmetology, esthetics, or manicuring;

(C) establish standards for apprenticeships, courses, and examinations to be completed by an applicant for licensure under this chapter;

(D) establish qualifications for licensure under this chapter as:

(i) a barber, provided mandated formal training shall be 750 hours;

(ii) a cosmetologist, provided mandated formal training shall be 1,000 hours;

(iii) an esthetician, provided mandated formal training shall be 500 hours; and

(iv) a nail technician, provided mandated formal training shall be 200 hours; and

(E)(i) establish criteria for apprenticeships that would enable a person seeking licensure under this chapter to train under an appropriately qualified Vermont licensee in order to attain licensure without mandated formal training; and

(ii) limit the duration of a required apprenticeship to not more than 150 percent of the duration of the corresponding formal training.

(2) Provide general information to applicants for licensure or registration under this chapter.

(3) Explain appeal procedures to licensees and applicants and complaint procedures to the public.

(4) Offer examinations at least once a year, if applications for examination are pending, and pass on the qualifications of the applicants.

(b)(1) The Director may inspect shops and schools and other places used for the practice of barbering, cosmetology, esthetics, or manicuring.

(2) A fee shall not be charged for initial inspections under this subsection; however, if the Director determines that it is necessary to inspect the same premises in the same ownership more than once in any two-year period, the Director shall charge a reinspection fee.

(3) The Director may waive all or a part of the reinspection fee in accordance with criteria established by rule.

(Added 1997, No. 40, § 16; amended 2017, No. 144 (Adj. Sess.), § 12, eff. Jan. 1, 2019; 2023, No. 158 (Adj. Sess.), § 5, eff. June 6, 2024.)

§ 276a Advisor appointees

(a)(1) The Secretary of State shall appoint one barber, one cosmetologist, one esthetician, and one nail technician for five-year staggered terms to serve at the Secretary’s pleasure as advisors in matters relating to barbering and cosmetology. At least one of the initial appointments shall be for less than a five-year term.

(2) An appointee shall have not less than three years’ experience as a barber or cosmetologist immediately preceding appointment; shall be licensed as a barber or cosmetologist in Vermont; and shall be actively engaged in the practice of barbering or cosmetology in this State during incumbency.

(b) The Director shall seek the advice of the advisor appointees in carrying out the provisions of this chapter.

(Added 2017, No. 144 (Adj. Sess.), § 12, eff. Jan. 1, 2019.)

Subchapter 3 Licenses

§§ 277-280 Repealed

[Repealed]

2017, No. 144 (Adj. Sess.), § 12, eff. Jan. 1, 2019.

§ 280a Eligibility for licensure

An applicant for licensure as a barber, cosmetologist, esthetician, or nail technician shall meet the qualifications for licensure established by the Director under the provisions of subchapter 2 of this chapter.

(Added 2017, No. 144 (Adj. Sess.), § 12, eff. Jan. 1, 2019.)

§ 281 Postsecondary school of barbering and cosmetology; certificate of approval

(a) A school of barbering or cosmetology shall not be granted a certificate of approval unless the school:

(1) Is a postsecondary school operating a program of professional education.

(2) Employs and maintains a sufficient number of competent instructors and has apparatus and equipment sufficient for the proper and full teaching of all subjects of its curriculum.

(3) Maintains a daily record of the attendance of each student and regular class and instruction hours, establishes grades, and holds examinations before issuing diplomas.

(4) Requires a school term of training consistent with formal training requirements established by rule, which shall include practical demonstrations and theoretical studies in sanitation, sterilization, the use of antiseptics, and the use of appliances, devices, treatments, preparations relevant to the field of licensure, and training on the care, styling, and treatment of textured hair. For purposes of this subdivision, “textured hair” means hair that is coiled, curly, or wavy. The training on the care, styling, and treatment of textured hair shall include:

(A) techniques for cutting, styling, and chemical treatments for textured hair;

(B) knowledge of products and tools specifically designed for textured hair;

(D) cultural competency and historical education on the significance of textured hair in diverse communities.

(b) Regional vocational centers may offer courses of instruction in barbering or cosmetology without a certificate of approval from the Director, and State correctional facilities may offer courses of instruction in barbering and cosmetology without a certificate of approval from the Director; however, hours for licensing shall only be given for courses that meet the Director’s standards for courses offered in postsecondary schools of barbering or cosmetology certified by the Director.

(c) A school of barbering or cosmetology shall not require, as a condition of training for licensure, that a person enter into a covenant not to compete with the training organization or an affiliate.

(Added 1997, No. 40, § 16; amended 1999, No. 133 (Adj. Sess.), § 8; 2013, No. 138 (Adj. Sess.), § 4; 2017, No. 144 (Adj. Sess.), § 12, eff. Jan. 1, 2019; 2023, No. 77, § 3, eff. June 20, 2023; 2025, No. 58, § 7, eff. July 1, 2025.)

§ 282 Shop; license

(a) A shop shall not be granted a license unless the shop complies with the rules of the Director and has a designated licensee responsible for overall cleanliness, sanitation, and safety of the shop.

(b) The practices of barbering, cosmetology, esthetics, or manicuring shall be permitted only in shops licensed by the Director, except as provided in sections 273 and 281 of this chapter and the rules of the Director.

(Added 1997, No. 40, § 16; amended 2005, No. 27, § 26; 2017, No. 144 (Adj. Sess.), § 12, eff. Jan. 1, 2019; 2023, No. 158 (Adj. Sess.), § 6, eff. June 6, 2024.)

§ 283 Examination

(a) An applicant who is otherwise eligible for licensure and has paid the required fees shall be examined.

(b)(1) The examination for a license shall include examinations approved by the Director by rule in the area of practices for which a license is applied and other related studies or subjects as the Director may determine necessary.

(2) The examination shall not be confined to any specific system or method and shall be consistent with a prescribed curriculum as provided by this chapter.

(Added 1997, No. 40, § 16; amended 2017, No. 144 (Adj. Sess.), § 12, eff. Jan. 1, 2019; 2023, No. 158 (Adj. Sess.), § 7, eff. June 6, 2024.)

§ 284 Issuance of license

(a) The Director shall issue a license to an applicant who has passed the examination as determined by the Director, has paid the required fee, and has completed all the requirements for the particular license.

(b) The Director shall issue a license to the person who owns or controls a shop or school of barbering, cosmetology, esthetics, or manicuring who has paid the required fee and is in compliance with the rules of the Director and the provisions of this chapter.

(c) The license shall be conspicuously displayed for the customer in the licensee’s principal office, place of business, or place of employment.

(Added 1997, No. 40, § 16; amended 2005, No. 27, § 27; 2017, No. 144 (Adj. Sess.), § 12, eff. Jan. 1, 2019; 2023, No. 158 (Adj. Sess.), § 8, eff. June 6, 2024.)

§ 285 Licenses from other jurisdictions

Without requiring an examination, the Director shall issue an appropriate license to a person who is licensed or certified in good standing under the laws of another jurisdiction with requirements:

(1) substantially equal to those of this State; or

(2) materially less rigorous than those of this State, if the person has had 1,500 documented hours of practice in not less than one year.

(Added 1997, No. 40, § 16; amended 2017, No. 144 (Adj. Sess.), § 12, eff. Jan. 1, 2019.)

§§ 286-289 Repealed

[Repealed]

2017, No. 144 (Adj. Sess.), § 12, eff. Jan. 1, 2019.

Chapter 7 Podiatry

Subchapter 1 General Provisions

§ 321 Definitions

In this chapter, unless the context requires another meaning:

(1) “Board” means the State Board of Medical Practice established by chapter 23 of this title.

(2) “Disciplinary action” means any action taken against a licensee or an applicant by the Board, or on appeal from that action, when that action suspends, revokes, limits, or conditions licensure in any way, or when it includes reprimands or an administrative penalty.

(3) “Practice of podiatry,” by a podiatric physician, means any medical, mechanical, surgical, electrical, manipulation, strapping, or bandaging treatment of the ailments pertaining to the human foot and lower leg distal to the myotendinous junction of the triceps surae. If spinal or general anesthesia is required, it shall be administered by a health care professional regulated under this title who is authorized to administer anesthesia within the scope of his or her practice. In the case of amputations other than toe amputations and in the case of surgical treatment at or above the ankle, the surgical treatment shall be performed only in a general hospital licensed under 18 V.S.A. chapter 43 or a certified ambulatory surgical center as defined in 18 V.S.A. § 9432. For purposes of this section, “ankle” means the joint between the tibia and fibula proximally and the talus distally.

(Amended 1969, No. 93, § 6; 1985, No. 256 (Adj. Sess.), § 1, eff. June 30, 1986; 1989, No. 250 (Adj. Sess.), § 4(a); 1999, No. 107 (Adj. Sess.), § 1; 2011, No. 61, § 1, eff. June 2, 2011.)

§ 322 Repealed

[Repealed]

2011, No. 61, § 9, eff. June 2, 2011.

§ 323 Repealed

[Repealed]

1985, No. 256 (Adj. Sess.), § 14, eff. June 30, 1986.

§ 324 Prohibitions; penalties

(a) No person shall practice or attempt to practice podiatry or hold himself or herself out as being able to do so in this State without first having obtained a license under this chapter.

(b) No person shall use in connection with the person’s name, letters, words, or insignia indicating or implying that the person is a podiatrist unless the person is licensed under this chapter.

(c) A person who violates a provision of this section shall be imprisoned not more than two years or fined not more than $10,000.00.

(Amended 1985, No. 256 (Adj. Sess.), § 3, eff. June 30, 1986; 2011, No. 61, § 1, eff. June 2, 2011.)

§ 325 Repealed

[Repealed]

1985, No. 256 (Adj. Sess.), § 14, eff. June 30, 1986.

§ 325a Construction

This chapter shall not be construed to limit or restrict in any manner the right of a practitioner of another occupation that is regulated by this State from carrying on in the usual manner any of the functions of his or her profession.

(Added 1985, No. 256 (Adj. Sess.), § 4, eff. June 30, 1986.)

Subchapter 2 Licensure

§§ 361-369 Repealed

[Repealed]

1985, No. 256 (Adj. Sess.), § 14, eff. June 30, 1986.

§ 370 Application

Application for licensure shall be upon forms furnished by the Board and shall be accompanied by payment of the specified fee.

(Added 1985, No. 256 (Adj. Sess.), § 5, eff. June 30, 1986.)

§ 371 Eligibility

To be eligible for licensure as a podiatrist, an applicant must:

(1) be entitled to licensure without examination under section 372 of this title; or

(2) have attained the age of majority; and

(3) have received a diploma or certificate of graduation from an accredited school of podiatric medicine approved by the Board; and

(4) successfully complete all required steps of the examinations given by the National Board of Podiatric Medical Examiners, as set forth by the Board by rule; and

(5) if the applicant has not engaged in practice as a podiatrist within the last three years, comply with the requirements for updating knowledge and skills as defined by Board rules.

(Added 1985, No. 256 (Adj. Sess.), § 6, eff. June 30, 1986; amended 2011, No. 61, § 1, eff. June 2, 2011; 2019, No. 126 (Adj. Sess.), § 3.)

§ 372 Licensure without examination

(a) A person who is licensed under the laws of another jurisdiction and who desires licensure as a podiatrist without examination shall apply to the Board in writing on a form furnished by it and pay the specified fee. The Board shall license that person if it deems that person has met requirements in the other jurisdiction that are substantially equal to those of this State. The Board may adopt such rules as are reasonable and necessary for the protection of the public to ensure that applicants under this section are professionally qualified.

(b)(1) The Board shall have an endorsement process for podiatrist licensure that requires not more than three years of practice in good standing in another jurisdiction within the United States, regardless of whether that jurisdiction has licensing requirements substantially equal to those of this State, so long as the applicant meets one of the following postgraduate training requirements:

(A) A graduate of a U.S. or Canadian podiatric school accredited by a body that is acceptable to the Board shall have successfully completed at least two years of postgraduate training in a U.S. or Canadian program accredited by an organization that is acceptable to the Board; or

(B) A graduate of a Board-approved podiatric school outside the United States or Canada shall have successfully completed at least three years of postgraduate training in a U.S. or Canadian program accredited by an organization that is acceptable to the Board.

(2) If the Board determines that three years of demonstrated practice in another specific jurisdiction is not adequately protective of the public, it shall provide its rationale to the Commissioner, who may propose any necessary statutory or rule amendments in order to implement more restrictive requirements for endorsement for that jurisdiction.

(3) The Board may issue to an endorsement applicant a waiver of the practice requirement if there is a showing that the waiver follows State policy and the public is adequately protected.

(Added 1985, No. 256 (Adj. Sess.), § 7, eff. June 30, 1986; amended 2019, No. 152 (Adj. Sess.), § 16, eff. April 1, 2021.)

§ 373 Renewal of licensure

(a) A person licensed by the Board to practice podiatry shall apply biennially for the renewal of his or her license. At least one month prior to the date on which renewal is required, the Board shall send to each licensee a license renewal application form and notice of the date on which the existing license will expire. On or before the renewal date, the licensee shall file an application for license renewal and pay the required fee; however, any podiatrist while on extended active duty as a member of the U.S. Armed Forces, a reserve component of the U.S. Armed Forces, the National Guard, or the State Guard who is licensed as a podiatrist at the time of an activation or deployment shall receive an extension of licensure up to 90 days following the podiatrist’s return from activation or deployment, provided the podiatrist notifies the Board of his or her activation or deployment prior to the expiration of the current license and certifies that the circumstances of the activation or deployment impede good faith efforts to make timely application for renewal of the license. The Board shall register the applicant and issue the renewal license. Within one month following the date by which renewal is required, the Board shall pay the license renewal fees into the Board of Medical Practice Regulatory Fee Fund.

(b) A license that has lapsed for up to 364 days may be reinstated on payment of a renewal fee and a late renewal penalty. A license that has lapsed for one year or longer may be reinstated upon payment of the reinstatement fee and completion of the reinstatement application as set forth by the Board by rule. The applicant shall not be required to pay renewal fees during periods when the license was lapsed. However, if such license remains lapsed for a period of three years or longer, the Board may require the licensee to update his or her knowledge and skills as defined by Board rules.

(c) Notwithstanding the provision of subsection (a) of this section, the Board may, after notice and an opportunity for hearing, require reexamination as a condition of renewal if the Board finds that the licensee has failed to maintain competence in the knowledge and skills of a podiatrist.

(d) All applicants shall demonstrate that the requirements for licensure are met.

(Added 1985, No. 256 (Adj. Sess.), § 8, eff. June 30, 1986; amended 2011, No. 61, § 1, eff. June 2, 2011; 2019, No. 126 (Adj. Sess.), §§ 4, 5.)

§ 373 Renewal of licensure

(d) All applicants shall demonstrate that the requirements for licensure are met.

(Added 1985, No. 256 (Adj. Sess.), § 8, eff. June 30, 1986; amended 2011, No. 61, § 1, eff. June 2, 2011; 2019, No. 126 (Adj. Sess.), §§ 4, 5.)

§ 374 Fees; licenses

Applicants and persons regulated under this chapter shall pay the following fees:

(1) Application for licensure, $650.00; the Board shall use at least $25.00 of this fee 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) Biennial renewal, $525.00; the Board shall use at least $25.00 of this fee 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.

(Added 1985, No. 256 (Adj. Sess.), § 9, eff. June 30, 1986; amended 1989, No. 250 (Adj. Sess.), § 11; 1993, No. 108 (Adj. Sess.), § 20; 1999, No. 49, § 208; 2003, No. 163 (Adj. Sess.), § 3; 2003, No. 163 (Adj. Sess.), § 3a, eff. July 1, 2006; 2007, No. 76, § 17; 2011, No. 61, § 1, eff. June 2, 2011; 2015, No. 57, § 12; 2017, No. 39, § 1.)

§ 375 Unprofessional conduct

(a) [Repealed.]

(b) The following conduct and the conduct described in section 1354 of this title by a licensed podiatrist constitutes unprofessional conduct. When that conduct is by an applicant or person who later becomes an applicant, it may constitute grounds for denial of licensure:

(1) fraud or misrepresentation in applying for or procuring a podiatry license or in connection with applying for or procuring a periodic renewal of a podiatry license;

(2) occupational advertising that is intended or has a tendency to deceive the public;

(3) exercising undue influence on or taking improper advantage of a person using the individual’s services, or promoting the sale of professional goods or services in a manner that exploits a person for the financial gain of the practitioner or of a third party;

(4) failing to comply with provisions of federal or State statutes or rules governing the profession;

(5) conviction of a crime related to the profession;

(6) conduct that evidences unfitness to practice the profession.

(1) making or filing false professional reports or records, impeding or obstructing the proper making or filing of professional reports or records, or failing to file the proper professional report or record;

(2) practicing the profession when mentally or physically unfit to do so;

(3) failure to practice competently by reason of any cause on a single occasion or on multiple occasions constitutes unprofessional conduct. Failure to practice competently includes as determined by the Board:

(A) performance of unsafe or unacceptable patient care; and

(B) failure to conform to the essential standards of acceptable and prevailing practice;

(4) practicing or offering to practice beyond the scope permitted by law;

(5) accepting and performing responsibilities that the individual knows or has reason to know that he or she is not competent to perform;

(6) making any material misrepresentation in the practice of the profession, whether by commission or omission;

(7) administering, dispensing, or prescribing any controlled substance other than as authorized by law;

(8) habitual or excessive use or abuse of drugs, alcohol, or other substances that impair the podiatrist’s ability to practice.

(d) A person aggrieved by a determination of the Board may, within 30 days of the order, appeal that order to the Vermont Supreme Court on the basis of the record created before the Board.

(Added 1985, No. 256 (Adj. Sess.), § 10, eff. June 30, 1986; amended 1989, No. 250 (Adj. Sess.), § 12; 2003, No. 34, § 12, eff. May 23, 2003; 2011, No. 61, § 1, eff. June 2, 2011.)

§ 376 Disposition of complaints

(a) Complaints and allegations of unprofessional conduct shall be processed in accordance with the rules of procedure of the Board of Medical Practice.

(b) Any person, firm, corporation, or public officer may submit a written complaint to the Board charging any podiatrist practicing in the State with unprofessional conduct, specifying the grounds. The Board shall initiate an investigation of a podiatrist when a complaint is received or may act without having received a complaint.

(c) After giving an opportunity for a hearing, the Board shall take disciplinary action described in subsection 1374(b) of this title against a podiatrist or applicant found guilty of unprofessional conduct.

(d) 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. Such an 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 individual submit to care or counseling;

(2) a restriction that the individual practice only under supervision of a named person or a person with specified credentials;

(3) a requirement that the individual 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 and the professions regulated by the Board. The Commissioner shall detail in the annual report receipts and expenses from money received under this subsection.

(e) Upon application, the Board may modify the terms of an order under this section and, if licensure has been revoked or suspended, order reinstatement on terms and conditions it deems proper.

(Added 1985, No. 256 (Adj. Sess.), § 11, eff. June 30, 1986; amended 2011, No. 61, § 1, eff. June 2, 2011; 2023, No. 85 (Adj. Sess.), § 330, eff. July 1, 2024.)

§ 377 Exemption

The provisions of this chapter shall not apply to a podiatrist who is duly licensed and in good standing in another state, territory, or jurisdiction of the United States or in Canada if the podiatrist is employed as or formally designated as the team podiatrist by an athletic team visiting Vermont for a specific sporting event and the podiatrist limits his or her practice in this State to the treatment of the members, coaches, and staff of the sports team employing or designating the podiatrist.

(Added 2015, No. 94 (Adj. Sess.), § 1, eff. May 10, 2016.)

§ 378 Limited temporary licenses

(a) Notwithstanding section 371 of this title, the Board may grant an applicant a limited temporary license to practice podiatry for a period of up to 54 weeks if the applicant:

(1) furnishes the Board with satisfactory proof that he or she has attained the age of majority;

(2) has received a diploma or certificate of graduation from an accredited school of podiatric medicine approved by the Board;

(3) has been appointed as an intern, resident, fellow, or medical officer in a licensed hospital or in a clinic that is affiliated with a licensed hospital, or in a hospital or an institution maintained by the State, or in a clinic or an outpatient clinic affiliated with or maintained by the State; and

(4) pays the fee set forth in subdivision 1401a(a)(3) of this title.

(b) A limited temporary license may be renewed upon payment of the fee set forth in subdivision 1401a(a)(3) of this title for the period of the applicant’s postgraduate training, internship, or fellowship program.

(c) A limited temporary license shall entitle the applicant to practice podiatry only in the hospital or other institution designated on his or her certificate of limited temporary license and in clinics operated by or affiliated with that designated hospital or institution and only if the applicant is under the direct supervision and control of a licensed podiatrist. The licensed podiatrist shall be legally responsible and liable for all negligent or wrongful acts or omissions of the limited temporary licensee and shall file with the Board the name and address both of himself or herself and of the limited temporary licensee and the name of the hospital or other institution.

(d) A limited temporary license shall be revoked upon the death or legal incompetency of the supervising licensed podiatrist or, upon 10 days’ written notice, by withdrawal of his or her filing by the supervising licensed podiatrist. A limited temporary licensee shall at all times exercise the same standard of care and skill as a licensed podiatrist. Termination of appointment as intern, resident, fellow, or medical officer of a designated hospital or institution shall operate as a revocation of a limited temporary license.

(Added 2007, No. 163 (Adj. Sess.), § 8a.)

Chapter 9 Chiropractic

Subchapter 1 General Provisions

§§ 421-423 Repealed

[Repealed]

1991, No. 236 (Adj. Sess.), § 6.

Subchapter 2 State Board of Chiropractic Examination and Registration

§§ 461-464 Repealed

[Repealed]

1991, No. 236 (Adj. Sess.), § 6.

Subchapter 3 Licenses

§§ 501-510 Repealed

[Repealed]

1991, No. 236 (Adj. Sess.), § 6.

Chapter 10 Chiropractic

Subchapter 1 General Provisions

§ 521 Definitions

As used in this chapter:

(1) “Adjunctive therapies” means to treat the human body by manual, mechanical, electrical, or natural methods, or by the use of physical means which include light, heat, water, or exercise in preparation for a chiropractic adjustment or manipulation.

(2) “Board” means the Board of Chiropractic created under section 527 of this title.

(3) “The practice of chiropractic” means the diagnosis of human ailments and diseases related to subluxations, joint dysfunctions, and neuromuscular and skeletal disorders for the purpose of their detection, correction, or referral in order to restore and maintain health, including pain relief, without providing drugs or performing surgery; the use of physical and clinical examinations, conventional radiologic procedures and interpretation, as well as the use of diagnostic imaging read and interpreted by a person so licensed and clinical laboratory procedures to determine the propriety of a regimen of chiropractic care; adjunctive therapies approved by the Board, by rule, to be used in conjunction with chiropractic treatment; and treatment by adjustment or manipulation of the spine or other joints and connected neuromusculoskeletal tissues and bodily articulations.

(4) “Chiropractor” or “chiropractic physician” means a person licensed under this chapter.

(5) “Disciplinary action” includes any action taken by the Board against a person licensed under this chapter or an applicant premised on a finding that the person has engaged in unprofessional conduct. The term includes all sanctions of any kind, including refusing to give an examination, refusing to grant or renew a license, suspending or revoking a license, placing limitations or restrictions upon a license, and issuing reprimands and warnings.

(Added 1991, No. 236 (Adj. Sess.), § 1; amended 2009, No. 25, § 9; 2013, No. 27, § 2.)

§ 522 Prohibitions

(a) A person shall not practice chiropractic or hold himself or herself out as being able to do so in this State unless he or she is licensed under this chapter.

(b) A person shall not use in connection with the person’s name any letters, words, or insignia indicating that the person is a chiropractor, chiropractic physician, or doctor of chiropractic unless the person is licensed under this chapter.

(d) A person who violates the provisions of this section shall be subject to the penalties provided in 3 V.S.A. § 127(c).

(Added 1991, No. 236 (Adj. Sess.), § 1; amended 2007, No. 29, § 18.)

§ 523 Exemptions

The provisions of this chapter shall not apply to the following persons acting within the scope of their respective professional practices:

(1) A person licensed to practice medicine and surgery under chapter 23 of this title.

(2) A person licensed to practice osteopathic medicine under chapter 33 of this title.

(3) A physician assistant licensed or registered under chapter 31 of this title.

(4) A nurse licensed under chapter 28 of this title.

(5) A physical therapist licensed under chapter 38 of this title.

(6) A commissioned officer of the U.S. Armed Forces or Public Health Service when acting within the scope of his or her official duties.

(7) A nonresident licensed chiropractor who comes into the State to treat or to consult on a particular case in this State, to perform research, or to participate in or instruct regular or continuing education courses, provided he or she does not otherwise practice in this State.

(Added 1991, No. 236 (Adj. Sess.), § 1.)

§ 524 Reporting of contagious and infectious diseases; death certificates

Chiropractors shall be subject to the provisions of the law relating to contagious and infectious diseases and to the granting of certificates of deaths.

(Added 1991, No. 236 (Adj. Sess.), § 1.)

§ 525 Competency requirements of licensees

No person licensed by the Board shall apply ionizing radiation to human beings for diagnostic or therapeutic purposes without first having satisfied the Board of his or her competency to do so. The Board shall consult with the Board of Radiologic Technology concerning suitable performance standards to be adopted by rule. The Board shall, by rule, provide for periodic recertification of competency. A person subject to the provisions of this section shall be subject to the fees established under section 535 of this title.

(Added 1999, No. 52, § 6.)

Subchapter 2 Administration

§ 527 Composition of the Board; qualification of members; term of office

(a) A Board of Chiropractic is created. The Board shall consist of five members. Board members shall be appointed by the Governor pursuant to 3 V.S.A. §§ 129b and 2004.

(b) Three members of the Board shall be chiropractors licensed and in good standing in this State who are graduates of an accredited school of chiropractic and who reside and have resided and actively practiced chiropractic in this State during the two years immediately preceding their appointments. Two members shall be members of the public. A public member shall not be a member of any health-related licensing Board or profession or have a financial interest personally or through a spouse, parent, or sibling in the activities regulated under this chapter, other than as consumers or possible consumers of chiropractic services.

(Added 1991, No. 236 (Adj. Sess.), § 1; amended 2005, No. 27, § 32.)

§ 528 Board procedures

(a) Annually the Board shall elect from among its members a chair, vice chair, and secretary, each to serve for one year. No person shall serve as Chair or Vice Chair for more than three consecutive years.

(b), (c) [Repealed.]

(d) A majority of the members of the Board constitutes a quorum for transacting business and all action shall be taken upon a majority vote of the members present and voting.

(Added 1991, No. 236 (Adj. Sess.), § 1; amended 2011, No. 116 (Adj. Sess.), § 8.)

§ 529 Powers; duties

(a) In addition to its other powers and duties, the Board shall:

(1) Provide general information to applicants.

(2) Explain appeal procedures to licensees and applicants and complaint procedures to the public.

(3) Conduct a competency evaluation where radiographic services are performed by licensees required to demonstrate competency under section 525 of this title to ensure that optimum radiologic technology practices are used to minimize patient and occupational radiation dose. The evaluation fee required under section 535 of this title shall not be assessed more than once in any two-year period against any licensee evaluated under this subdivision. The Director of the Office of Professional Regulation may contract with the Department of Health or others to perform evaluations under this subsection.

(b) The Board may adopt rules necessary for the performance of its duties, including:

(1) procedures for mandatory reporting of unsafe radiologic conditions or practices;

(2) procedures for continued competency evaluation;

(3) procedures for radiation safety;

(4) procedures for competency standards for license applications and renewals;

(5) rules relating to medical recordkeeping standards and release of medical records;

(6) rules establishing requirements for licensing chiropractors with five years’ licensed experience in another jurisdiction of the United States or Canada.

(Added 1991, No. 236 (Adj. Sess.), § 1; amended 1999, No. 52, § 7; 1999, No. 133 (Adj. Sess.), § 9; 2009, No. 103 (Adj. Sess.), § 7.)

Subchapter 3 Licensure Requirements

§ 531 License by examination

To be eligible for licensure under this section, an applicant shall satisfy all of the following requirements:

(1) Have attained the age of majority.

(2) Present proof of having graduated from a four-year school of chiropractic, accredited by a chiropractic accrediting body recognized by the U.S. Department of Education and approved by the Board, or submit to the Board proof of equivalent education as provided in rules for foreign-trained persons.

(3) Pass the examinations required by section 532 of this title, which shall be administered in the manner and places designated by the Board.

(Added 1991, No. 236 (Adj. Sess.), § 1; amended 1993, No. 108 (Adj. Sess.), § 1; 1999, No. 52, § 8; 2003, No. 60, § 5.)

§ 532 Examinations

(a) The Board, or an examination service selected by the Board, shall examine applicants for licensure. The examinations may include the following subjects: anatomy, physiology, physiotherapy, diagnosis, hygiene, orthopedics, histology, pathology, neurology, chemistry, bacteriology, x-ray interpretation, x-ray technic and radiation protection, and principles of chiropractic. The Board may use a standardized national examination.

(b) In addition to the examination required by subsection (a) of this section, an applicant shall demonstrate proficiency in vertebral palpation, and spinal adjustment and may also be required to demonstrate proficiency in the practical application of orthopedics, neurology, x-ray interpretation and principles of ionizing radiation, laboratory diagnosis, and clinical diagnosis as they relate to the practice of chiropractic.

(c) Licensing standards and procedures shall be fair and reasonable and shall be designed and implemented to measure and reasonably ensure that all applicants are granted licensure if they demonstrate that they possess the minimum qualifications that are consistent with protecting the public health, safety, and welfare.

(Added 1991, No. 236 (Adj. Sess.), § 1; amended 2011, No. 116 (Adj. Sess.), § 9.)

§ 533 License by endorsement

(a) The Board may grant a license without written examination to an applicant who is licensed and is in good standing to practice chiropractic in another jurisdiction of the United States or Canada with standards and qualifications required for licensure of chiropractors that are deemed by the Board to be substantially equivalent to those required by this chapter.

(b) The Board may require an applicant under this section to take an examination on the Vermont laws and rules governing the practice of chiropractic.

(c) An applicant who is not in good standing may be eligible for licensure under this section if the applicant can demonstrate to the satisfaction of the Board that the applicant has passed the Special Purpose Examination for Chiropractors and is otherwise qualified for licensure under this section. The Board may place limitations or conditions on licenses issued under this subsection.

(Added 1991, No. 236 (Adj. Sess.), § 1; amended 2001, No. 151 (Adj. Sess.), § 9, eff. June 27, 2002; 2009, No. 103 (Adj. Sess.), § 8.)

§ 534 License renewal

(a) Licenses 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 by the license 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 Board may adopt rules necessary for the protection of the public to assure the Board that an applicant whose license has lapsed for more than three years is professionally qualified before the license is renewed. Conditions imposed under this subsection shall be in addition to the requirements of subsection (a) of this section.

(Added 1991, No. 236 (Adj. Sess.), § 1; amended 1993, No. 190 (Adj. Sess.), § 4; 2005, No. 27, § 33; 2011, No. 116 (Adj. Sess.), § 10.)

§ 535 Fees

Applicants and persons regulated under this chapter shall pay the following fees:

| (1) | Chiropractors | | | --- | --- | --- | | | (A) Application | $225.00 | | | (B) Biennial renewal | $295.00 | | | (C) Initial competency endorsement under section 525 of this title | $70.00 | | | (D) Biennial renewal of competency endorsement under section 525 of this title | $70.00 | | | (E) Evaluation | $125.00 | | (2) | Registration of intern | $80.00 |

(Added 1991, No. 236 (Adj. Sess.), § 1; amended 1993, No. 108 (Adj. Sess.), § 17; 1999, No. 49, § 171; 2001, No. 143 (Adj. Sess.), § 22, eff. June 21, 2002; 2005, No. 202 (Adj. Sess.), § 11; 2013, No. 191 (Adj. Sess.), § 12; 2023, No. 77, § 23, eff. June 20, 2023.)

§ 536 Registration of chiropractic interns

A student enrolled in a chiropractic college approved by the Board, who has completed three years of the curriculum, may work as a chiropractic intern provided he or she is registered with the Board. A registered intern shall work under the direct supervision of a licensed chiropractor. An intern may perform activities delegated to him or her by the supervising chiropractor, including the activities described in subdivision 521(3) of this title, provided that a licensed chiropractor observes all such activities. The supervising chiropractor shall be legally liable for such activities performed by the intern.

(Added 1991, No. 236 (Adj. Sess.), § 1.)

Subchapter 4 Unprofessional Conduct and Discipline

§ 541 Disciplinary proceedings; unprofessional conduct

Unprofessional conduct means the following conduct and the conduct set forth in 3 V.S.A. § 129a:

(1) Advertising or making a representation relating to chiropractic that is intended or has a tendency to deceive the public, including advertising by a licensee that does not clearly state that the services advertised are being offered by a “chiropractor” or “chiropractic physician.”

(2) Misrepresentation or concealment of a material fact to obtain, renew, or reinstate a license or registration under this chapter.

(3) Suspension or revocation of a license to practice chiropractic in another jurisdiction on one or more of the grounds specified in this section.

(4) Willful disregard of a subpoena or notice of the Board.

(5) Failure to keep written chiropractic records justifying a course of treatment for a patient, including patient histories, examination results, and test results.

(6) Performing professional services that have not been authorized by the patient or his or her legal representative.

(7) Performing any procedure or prescribing any therapy that, by the prevailing standards of chiropractic practice, would constitute experimentation on a human subject without first obtaining full, informed, and written consent.

(8) Practicing chiropractic with a chiropractor who is not legally practicing within the State, or aiding or abetting that person in the practice of chiropractic.

(9) Agreeing with any other person or organization, or subscribing to any code of ethics or organizational bylaws, when the intent or primary effect of that agreement, code, or bylaw is to restrict or limit the flow of information concerning alleged or suspected unprofessional conduct to the Board.

(10) Conduct that evidences unfitness to practice chiropractic.

(11) Addiction to narcotics, habitual drunkenness, or rendering professional services to a patient if the chiropractor is intoxicated or under the influence of drugs.

(12) Sexual harassment of a patient.

(13) Engaging in a sexual act as defined in 13 V.S.A. § 3251 with a patient.

(14) [Repealed.]

(15) Failing to inform a patient verbally and to obtain signed written consent from a patient before proceeding from advertised chiropractic services for which no payment is required to chiropractic services for which payment is required.

(Added 1991, No. 236 (Adj. Sess.), § 1; amended 1997, No. 145 (Adj. Sess.), § 34; 1999, No. 52, § 9; 1999, No. 133 (Adj. Sess.), § 10; 2011, No. 116 (Adj. Sess.), § 11.)

Chapter 11 Cosmeticians and Hairdressers

Subchapter 1 General Provisions

§§ 561-566 Repealed

[Repealed]

1993, No. 198 (Adj. Sess.), § 2(b).

Subchapter 2 State Board of Cosmetology

§§ 601-611 Repealed

[Repealed]

1993, No. 198 (Adj. Sess.), § 2(b).

Subchapter 3 Certificates of Registration or Licenses

§§ 651-660 Repealed

[Repealed]

1993, No. 198 (Adj. Sess.), § 2(b).

§ 661 Redesignated

[Redesignated]

1993, No. 198 (Adj. Sess.), § 2(a).

Chapter 12 Dentists, Dental Therapists, Dental Hygienists, and Dental Assistants

Subchapter 1 General Provisions

§ 561 Definitions

As used in this chapter:

(1) “Board” means the Board of Dental Examiners.

(2) “Director” means the Director of the Office of Professional Regulation.

(3) “Practicing dentistry” means an activity in which a person:

(A) undertakes by any means or method to diagnose or profess to diagnose or to treat or profess to treat or to prescribe for or profess to prescribe for any lesions, diseases, disorders, for deficiencies of the human oral cavity, teeth, gingiva, maxilla, or mandible or adjacent associated structures;

(B) extracts human teeth or corrects malpositions of the teeth or jaws;

(C) furnishes, supplies, constructs, reproduces, or repairs prosthetic dentures, bridges, appliances, or other structures to be used or worn as substitutes for natural teeth or adjusts those structures, except on the written prescription of a duly licensed dentist and by the use of impressions or casts made by a duly licensed and practicing dentist;

(D) administers general dental anesthetics;

(E) administers local dental anesthetics, except dental hygienists as authorized by Board rule; or

(F) engages in any of the practices included in the curricula of recognized dental colleges.

(4) “Dental therapist” means an individual licensed to practice as a dental therapist under this chapter.

(5) “Dental hygienist” means an individual licensed to practice as a dental hygienist under this chapter.

(6) “Dental assistant” means an individual registered to practice as a dental assistant under this chapter.

(7) “Direct supervision” means supervision by a licensed dentist who is readily available at the dental facility for consultation or intervention.

(8) “General supervision” means:

(A) the direct or indirect oversight of a dental therapist by a dentist, which need not be on-site; or

(B) the oversight of a dental hygienist by a dentist as prescribed by Board rule in accordance with sections 582 and 624 of this chapter.

(Added 2011, No. 116 (Adj. Sess.), § 13; amended 2015, No. 161 (Adj. Sess.), § 2, eff. June 2, 2016.)

§ 562 Prohibitions

(a) No person may use in connection with a name any words, including “Doctor of Dental Surgery” or “Doctor of Dental Medicine,” or any letters, signs, or figures, including the letters “D.D.S.” or “D.M.D.,” that imply that a person is a licensed dentist when not authorized under this chapter.

(b) No person may practice as a dentist, dental therapist, or dental hygienist unless currently licensed to do so under the provisions of this chapter.

(d) A person who violates this section shall be subject to the penalties provided in 3 V.S.A. § 127.

(Added 2011, No. 116 (Adj. Sess.), § 13; amended 2015, No. 161 (Adj. Sess.), § 2, eff. June 2, 2016.)

§ 563 Exemptions

The provisions of this chapter shall not apply to the following:

(1) the rights and privileges of physicians licensed under the laws of this State.

(2) an unlicensed person from performing merely mechanical work upon inert matter in a dental office or laboratory.

(3) a dental student currently enrolled in a dental school or college accredited by the Commission on Dental Accreditation of the American Dental Association who:

(A) provides dental treatment under the supervision of a licensed dentist at a State hospital or under licensed instructors within a dental school, college, or dental department of a university recognized by the Board;

(B) serves as an intern in any hospital approved by the Board; or

(C) participates in a supervised externship program authorized by a dental school recognized by the Board in order to provide dental treatment under the direct supervision of a dentist licensed under the provisions of this chapter.

(4) upon prior application and approval by the Board, a student of a dental school or college accredited by the Commission on Dental Accreditation of the American Dental Association who provides dental treatment for purposes of clinical study under the direct supervision and instruction and in the office of a licensed dentist.

(5) a dentist licensed in another state from consulting with a dentist licensed under the provisions of this chapter.

(Added 2011, No. 116 (Adj. Sess.), § 13.)

§ 564 Ownership and operation of a dental office or business

(a) A dental practice may be owned and operated by the following individuals or entities, either alone or in a combination thereof:

(1) a dentist licensed under the provisions of this chapter;

(2) a health department or clinic of this State or of a local government agency;

(3) a federally qualified health center or community health center designated by the U.S. Department of Health and Human Services to provide dental services;

(4) a 501(c)(3) nonprofit or charitable dental organization;

(5) a hospital licensed under the laws of this State;

(6) an institution or program accredited by the Commission on Dental Accreditation of the American Dental Association to provide education and training.

(b) The surviving spouse, the executor, or the administrator of the estate of a licensed dentist or the spouse of an incapacitated licensed dentist may employ a dentist licensed under the provisions of this chapter to terminate the practice of the deceased or incapacitated dentist within a reasonable length of time.

(Added 2011, No. 116 (Adj. Sess.), § 13.)

§ 565 Display of license or registration

Every dentist, dental therapist, dental hygienist, and dental assistant shall display a copy of his or her current license or registration at each place of practice and in such a manner so as to be easily seen and read.

(Added 2011, No. 116 (Adj. Sess.), § 13; amended 2015, No. 161 (Adj. Sess.), § 2, eff. June 2, 2016.)

§ 566 Nondental anesthesia

(a) A dentist may administer nondental anesthesia if he or she meets the following requirements:

(1) the administration of anesthesia occurs only in a hospital where the dentist is credentialed to perform nondental anesthesiology;

(2) the dentist holds an academic appointment in anesthesiology at an accredited medical school;

(3) the dentist has successfully completed a full anesthesiology residency in a program approved by the Accreditation Council for Graduate Medical Education;

(4) the dentist has a diploma from the National Board of Anesthesiology; and

(5) the dentist practicing nondental anesthesia is held to the same standard of care as a physician administering anesthesia under the same or similar circumstances.

(b) The Board shall refer a complaint or disciplinary proceeding about a dentist arising from his or her administration of nondental anesthesiology to the Board of Medical Practice, which shall have jurisdiction to investigate and sanction and limit or revoke the dentist’s license to the same extent that it may for physicians licensed under chapter 23 of this title.

(Added 2011, No. 116 (Adj. Sess.), § 13.)

Subchapter 2 Board of Dental Examiners

§ 581 Creation; qualifications

(a) The State Board of Dental Examiners is created and shall consist of six licensed dentists in good standing who have practiced in this State for a period of five years or more and are in active practice; two licensed dental hygienists who have practiced in this State for a period of at least three years immediately preceding the appointment and are in active practice; one registered dental assistant who has practiced in this State for a period of at least three years immediately preceding the appointment and is in active practice; and two members of the public who are not associated with the practice of dentistry.

(b) Board members shall be appointed by the Governor pursuant to 3 V.S.A. §§ 129b and 2004.

(c) A member of the Board shall not be an officer or serve on a committee of his or her respective state or local professional dental, dental therapy, dental hygiene, or dental assisting organization.

(Added 2011, No. 116 (Adj. Sess.), § 13; amended 2015, No. 156 (Adj. Sess.), § 16; 2015, No. 161 (Adj. Sess.), § 2, eff. June 2, 2016.)

§ 582 Authority of the Board

In addition to any other provisions of law, the Board shall have the authority to:

(1) provide general information to applicants;

(2) explain complaint and appeal procedures to applicants, licensees, registrants, and the public;

(3) adopt rules pursuant to the Vermont Administrative Procedure Act:

(A) as necessary to carry out the provisions of this chapter;

(B) relating to qualifications of applicants, examinations, and granting and renewal of licenses and registrations;

(D) setting standards for the continuing education of persons licensed or registered under this chapter;

(E) establishing requirements for licensing dental hygienists with five years of regulated practice experience;

(F) setting educational standards and standards of practice for the administration of anesthetics in the dental office;

(G) for the administration of local anesthetics by dental hygienists, including minimum education requirements and procedures for administration of local anesthetics;

(H) setting guidelines for general supervision of dental hygienists, to be known as “public-health hygienists,” who may perform tasks in the settings set forth in section 624 of this chapter; and

(I) prescribing minimum educational, training, experience, and supervision requirements and professional standards necessary for practice pursuant to this chapter as a dental assistant; and

(4) undertake any other actions or procedures specified in, required by, or appropriate to carry out the provisions of this chapter.

(Added 2011, No. 116 (Adj. Sess.), § 13; amended 2019, No. 30, § 10.)

§ 583 Meetings

The Board shall meet at least annually on the call of the Chair or two members.

(Added 2011, No. 116 (Adj. Sess.), § 13.)

§ 584 Unprofessional conduct

The Board may refuse to give an examination or issue a license to practice dentistry, to practice as a dental therapist, or to practice dental hygiene or to register an applicant to be a dental assistant and may suspend or revoke any such license or registration or otherwise discipline an applicant, licensee, or registrant for unprofessional conduct. Unprofessional conduct means the following conduct and the conduct set forth in 3 V.S.A. § 129a by an applicant or person licensed or registered under this chapter:

(1) abandonment of a patient;

(2) rendering professional services to a patient if the dentist, dental therapist, dental hygienist, or dental assistant is intoxicated or under the influence of drugs;

(3) promotion of the sale of drugs, devices, appliances, goods, or services provided for a patient in a manner to exploit the patient for financial gain or selling, prescribing, giving away, or administering drugs for other than legal and legitimate therapeutic purposes;

(4) division of or agreeing to divide with any person for bringing or referring a patient the fees received for providing professional services to the patient;

(5) willful misrepresentation in treatments;

(6) practicing a profession regulated under this chapter with a dentist, dental therapist, dental hygienist, or dental assistant who is not legally practicing within the State or aiding or abetting such practice;

(7) gross and deceptive overcharging for professional services on single or multiple occasions, including filing of false statements for collection of fees for which services are not rendered;

(8) permitting one’s name, license, or registration to be used by a person, group, or corporation when not actually in charge of or responsible for the treatment given;

(9) practicing dentistry or maintaining a dental office in a manner so as to endanger the health or safety of the public; or

(10) holding out to the public as being specially qualified or announcing specialization in any branch of dentistry by using terms such as “specialist in” or “practice limited to” unless:

(A) the American Dental Association has formally recognized the specialty and an appropriate certifying board for the specialty;

(B) the dentist has met the educational requirements and standards set forth by the Commission on Dental Accreditation for the specialty; or

(Added 2011, No. 116 (Adj. Sess.), § 13; amended 2015, No. 161 (Adj. Sess.), § 2, eff. June 2, 2016.)

Subchapter 3 Dentists

§ 601 License by examination

To be eligible for licensure as a dentist, an applicant shall:

(1) have attained the age of majority;

(2) be a graduate of:

(A) a dental college accredited by the Commission on Dental Accreditation of the American Dental Association; or

(B) a program of foreign dental training and a postgraduate program accredited by the Commission on Dental Accreditation of the American Dental Association that is acceptable to the Board; and

(3) meet the certificate, examination, and training requirements established by the Board by rule.

(Added 2011, No. 116 (Adj. Sess.), § 13; amended 2017, No. 144 (Adj. Sess.), § 14.)

§ 602 License by endorsement

(a) The Board may grant a license to practice dentistry to an applicant who is a graduate of a dental college accredited by the Commission on Dental Accreditation of the American Dental Association and who:

(1) is currently licensed in good standing to practice dentistry in any jurisdiction of the United States or Canada that has licensing requirements deemed by the Board to be substantially equivalent to those of this State;

(2) has successfully completed an approved emergency office procedures course;

(3) has successfully completed the dentist jurisprudence examination; and

(4) has met active practice requirements and any other requirements established by the Board by rule.

(b) The Board may grant a license to an applicant who is a graduate of a dental college accredited by the Commission on Dental Accreditation of the American Dental Association and who is licensed and in good standing to practice dentistry in a jurisdiction of the United States or Canada that has licensing requirements deemed by the Board to be not substantially equivalent to those of this State if:

(1) the Board has determined that the applicant’s practice experience or education overcomes any lesser licensing requirement of the other jurisdiction in which the applicant is licensed; and

(2) the applicant:

(A) has been in full-time licensed practice of at least 1,200 hours per year for a minimum of five years preceding the application;

(B) is in good standing in all jurisdictions in which licensed;

(D) has successfully completed the dentist jurisprudence examination; and

(E) has met active practice requirements and any other requirements established by the Board by rule.

(Added 2011, No. 116 (Adj. Sess.), § 13.)

Subchapter 3A Dental Therapists

§ 611 License by examination

(a) Qualifications for examination. To be eligible for examination for licensure as a dental therapist, an applicant shall:

(1) have attained the age of majority;

(2) be a Vermont-licensed dental hygienist;

(3) be a graduate of a dental therapist educational program administered by an institution accredited by the Commission on Dental Accreditation to train dental therapists;

(4) have successfully completed an emergency office procedure course approved by the Board; and

(5) pay the application fee set forth in section 662 of this chapter and an examination fee established by the Board by rule.

(b) Completion of examination.

(1)(A) An applicant for licensure meeting the qualifications for examination set forth in subsection (a) of this section shall pass a comprehensive, competency-based clinical examination approved by the Board and administered independently of an institution providing dental therapist education.

(B) An applicant shall also pass an examination testing the applicant’s knowledge of the Vermont statutes and rules relating to the practice of dentistry approved by the Board.

(2) An applicant who has failed the clinical examination twice is ineligible to retake the clinical examination until further education and training are obtained as established by the Board by rule.

(d) A person licensed as a dental therapist under this section shall not be required to maintain his or her dental hygienist license.

(Added 2015, No. 161 (Adj. Sess.), § 2, eff. June 2, 2016.)

§ 612 License by endorsement

(a) The Board may grant a license as a dental therapist to an applicant who:

(1) is currently licensed in good standing to practice as a dental therapist in any jurisdiction of the United States or Canada that has licensing requirements deemed by the Board to be at least substantially equivalent to those of this State;

(2) has passed an examination testing the applicant’s knowledge of the Vermont statutes and rules relating to the practice of dentistry approved by the Board;

(3) has successfully completed an emergency office procedure course approved by the Board;

(4) has met active practice requirements and any other requirements established by the Board by rule; and

(5) pays the application fee set forth in section 662 of this chapter.

(b) [Repealed.]

(Added 2015, No. 161 (Adj. Sess.), § 2, eff. June 2, 2016; amended 2017, No. 48, § 10.)

§ 613 Practice; scope of practice

(a) A person who provides oral health care services, including prevention, evaluation, and assessment; education; palliative therapy; and restoration under the general supervision of a dentist within the parameters of a collaborative agreement as provided under section 614 of this subchapter shall be regarded as practicing as a dental therapist within the meaning of this chapter.

(b) A dental therapist may perform the following oral health care services:

(1) Oral health instruction and disease prevention education, including nutritional counseling and dietary analysis.

(2) Periodontal charting, including a periodontal screening examination.

(3) Exposing radiographs.

(4) Oral evaluation and assessment of dental disease.

(5) Dental prophylaxis.

(6) Mechanical polishing.

(7) Applying topical preventive or prophylactic agents, including fluoride varnishes, antimicrobial agents, and pit and fissure sealants.

(8) Pulp vitality testing.

(9) Applying desensitizing medication or resin.

(10) Fabricating athletic mouthguards.

(11) Suture removal.

(12) Changing periodontal dressings.

(13) Brush biopsies.

(14) Administering local anesthetic.

(15) Placement of temporary restorations.

(16) Interim therapeutic restorations.

(17) Placement of temporary and preformed crowns.

(18) Emergency palliative treatment of dental pain in accordance with the other requirements of this subsection.

(19) Formulating an individualized treatment plan, including services within the dental therapist’s scope of practice and referral for services outside the dental therapist’s scope of practice.

(20) Minor repair of defective prosthetic devices.

(21) Recementing permanent crowns.

(22) Placement and removal of space maintainers.

(23) Prescribing, dispensing, and administering analgesics, anti-inflammatories, and antibiotics, except Schedule II, III, or IV controlled substances.

(24) Administering nitrous oxide.

(25) Fabricating soft occlusal guards, but not for treatment of temporomandibular joint disorders.

(26) Tissue conditioning and soft reline.

(27) Tooth reimplantation and stabilization.

(28) Extractions of primary teeth.

(29) Nonsurgical extractions of periodontally diseased permanent teeth with tooth mobility of +3. A dental therapist shall not extract a tooth if it is unerupted, impacted, fractured, or needs to be sectioned for removal.

(30) Cavity preparation.

(31) Restoring primary and permanent teeth, not including permanent tooth crowns, bridges, veneers, or denture fabrication.

(32) Preparation and placement of preformed crowns for primary teeth.

(33) Pulpotomies on primary teeth.

(34) Indirect and direct pulp capping on primary and permanent teeth.

(Added 2015, No. 161 (Adj. Sess.), § 2, eff. June 2, 2016.)

§ 614 Collaborative agreement

(a) Before a dental therapist may enter into his or her first collaborative agreement, he or she shall:

(1) complete 1,000 hours of direct patient care using dental therapy procedures under the direct supervision of a dentist; and

(2) receive a certificate of completion signed by that supervising dentist that verifies the dental therapist completed the hours described in subdivision (1) of this subsection.

(b) In order to practice as a dental therapist, a dental therapist shall enter into a written collaborative agreement with a dentist. The agreement shall include:

(1) practice settings where services may be provided and the populations to be served;

(2) any limitations on the services that may be provided by the dental therapist, including the level of supervision required by the supervising dentist;

(3) age- and procedure-specific practice protocols, including case selection criteria, assessment guidelines, and imaging frequency;

(4) a procedure for creating and maintaining dental records for the patients that are treated by the dental therapist;

(5) a plan to manage medical emergencies in each practice setting where the dental therapist provides care;

(6) a quality assurance plan for monitoring care provided by the dental therapist, including patient care review, referral follow-up, and a quality assurance chart review;

(7) protocols for prescribing, administering, and dispensing medications, including the specific conditions and circumstances under which these medications may be prescribed, dispensed, and administered;

(8) criteria relating to the provision of care to patients with specific medical conditions or complex medication histories, including requirements for consultation prior to the initiation of care;

(9) criteria for the supervision of dental assistants and dental hygienists; and

(10) a plan for the provision of clinical resources and referrals in situations that are beyond the capabilities of the dental therapist.

(c)(1) The supervising dentist shall be professionally responsible and legally liable for all services authorized and performed by the dental therapist pursuant to the collaborative agreement.

(2) A supervising dentist shall be licensed and practicing in Vermont.

(3) A supervising dentist is limited to entering into a collaborative agreement with no more than two dental therapists at any one time.

(d)(1) A collaborative agreement shall be signed and maintained by the supervising dentist and the dental therapist.

(2) A collaborative agreement shall be reviewed, updated, and submitted to the Board on an annual basis and as soon as a change is made to the agreement.

(e) Nothing in this chapter shall be construed to require a dentist to enter into a collaborative agreement with a dental therapist.

(Added 2015, No. 161 (Adj. Sess.), § 2, eff. June 2, 2016.)

§ 615 Application of other laws

(a) A dental therapist authorized to practice under this chapter shall not be in violation of section 562 of this chapter as it relates to the unauthorized practice of dentistry if the practice is authorized under this chapter and under the collaborative agreement.

(b) A dentist who permits a dental therapist to perform a dental service other than those authorized under this chapter or any dental therapist who performs an unauthorized service shall be in violation of section 584 of this chapter.

(Added 2015, No. 161 (Adj. Sess.), § 2, eff. June 2, 2016.)

§ 616 Use of dental hygienists and dental assistants

(a) A dental therapist may supervise dental assistants and dental hygienists directly to the extent permitted in the collaborative agreement.

(b) At any one practice setting, a dental therapist may have under his or her direct supervision no more than a total of two assistants or hygienists or a combination thereof.

(Added 2015, No. 161 (Adj. Sess.), § 2, eff. June 2, 2016.)

§ 617 Referrals

(a) The supervising dentist shall refer patients to another dentist or specialist to provide any necessary services needed by a patient that are beyond the scope of practice of the dental therapist and which the supervising dentist is unable to provide.

(b) A dental therapist, in accordance with the collaborative agreement, shall refer patients to another qualified dental or health care professional to receive any needed services that exceed the scope of practice of the dental therapist.

(Added 2015, No. 161 (Adj. Sess.), § 2, eff. June 2, 2016.)

Subchapter 4 Dental Hygienists

§ 621 License by examination

To be eligible for licensure as a dental hygienist, an applicant shall:

(1) have attained the age of majority;

(2) be a graduate of a program of dental hygiene accredited by the Commission on Dental Accreditation of the American Dental Association;

(3) present to the Board a certificate of the National Board of Dental Examiners;

(4) have completed an approved emergency office procedure course;

(5) have passed the American Board of Dental Examiners (ADEX) examination or other examination approved by the Board; and

(6) have passed the dental hygienist jurisprudence examination.

(Added 2011, No. 116 (Adj. Sess.), § 13.)

§ 622 Licensure by endorsement

The Board may grant a license to practice dental hygiene to an applicant who is a graduate of a program of dental hygiene accredited by the Commission on Dental Accreditation of the American Dental Association and who:

(1) is currently licensed in good standing to practice dental hygiene in any jurisdiction of the United States or Canada that has licensing requirements deemed by the board to be substantially equivalent to those of this State;

(2) has successfully completed an approved emergency office procedures course;

(3) has successfully completed the dental hygienist jurisprudence examination; and

(4) has met active practice and any other requirements established by the Board by rule.

(Added 2011, No. 116 (Adj. Sess.), § 13.)

§ 623 Licensure by endorsement based on training and experience

The Board may grant a license to an applicant who has met the training and experience requirements established by the Board by rule under its authority provided in this chapter.

(Added 2011, No. 116 (Adj. Sess.), § 13.)

§ 624 Practice

(a) A dental hygienist may perform duties for which the dental hygienist has been qualified by successful completion of the normal curriculum offered by programs of dental hygiene accredited by the American Dental Association or in continuing education courses approved by the Board. A dental hygienist may perform tasks in the office of any licensed dentist consistent with rules adopted by the Board.

(b) A public-health hygienist, who shall be a dental hygienist with no fewer than three years of experience, may perform tasks in out-of-office settings, including residences, schools, nursing home and long-term care facilities, clinics, hospitals, medical facilities, community health centers licensed or approved by the Department of Health, Head Start programs, and any other facilities or programs deemed appropriate by the Department of Health in a manner consistent with rules adopted by the Board.

(c)(1) A dental hygienist, when authorized by the Board by rule, may administer local anesthetics under the direct supervision and by the prescription of a licensed dentist.

(2) The license of a dental hygienist authorized by Board rule to administer local anesthetics shall have a special endorsement to that effect.

(d) A public health hygienist, who has completed training approved by the Vermont Department of Health in the silver modified atraumatic restorative technique (SMART), may use SMART to treat patients in a manner consistent with rules adopted by the Board.

(Added 2011, No. 116 (Adj. Sess.), § 13; amended 2013, No. 27, § 3; 2019, No. 30, § 10; 2023, No. 77, § 4, eff. June 20, 2023.)

Subchapter 5 Dental Assistants

§ 641 Registration

(a) No person shall practice as a dental assistant in this State unless registered for that purpose by the Board.

(b) On a form prepared and provided by the Board, each applicant shall state, under oath, that the dental assistant shall practice only under the supervision of a dentist.

(c) The supervising dentist shall be responsible for the professional acts of dental assistants under his or her supervision.

(Added 2011, No. 116 (Adj. Sess.), § 13.)

§ 642 Practice

(a) Except as provided in subsection (b) of this section, a dental assistant may perform duties in the office of any licensed dentist consistent with rules adopted by the Board and in public or private schools or institutions under the supervision of a licensed dentist or other dentist approved for the purpose by the Board. The performance of any intraoral tasks shall be under the direct supervision of a dentist.

(b) The following tasks may not be assigned to a dental assistant:

(1) Diagnosis, treatment planning, and prescribing, including for drugs and medicaments or authorization for restorative, prosthodontic, or orthodontic appliances; or

(2) Surgical procedures on hard or soft tissues within the oral cavity or any other intraoral procedure that contributes to or results in an irremediable alteration of the oral anatomy.

(Added 2011, No. 116 (Adj. Sess.), § 13.)

Subchapter 6 Renewals, Continuing Education, and Fees

§ 661 Renewal of license

(a) Licenses and registrations shall be renewed every two years on a schedule determined by the Office of Professional Regulation.

(b) No continuing education reporting is required at the first biennial license renewal date following licensure.

(d) Dentists.

(1) To renew a license, a dentist shall meet active practice requirements established by the Board by rule and document completion of no fewer than 30 hours of Board-approved continuing professional education, which shall include an emergency office procedures course during the two-year licensing period preceding renewal.

(2) Any dentist who has not been in active practice for a period of five years or more shall be required to meet the renewal requirements established by the Board by rule.

(e) Dental therapists. To renew a license, a dental therapist shall meet active practice requirements established by the Board by rule and document completion of no fewer than 20 hours of Board-approved continuing professional education, which shall include an emergency office procedures course during the two-year licensing period preceding renewal.

(f) Dental hygienists. To renew a license, a dental hygienist shall meet active practice requirements established by the Board by rule and document completion of no fewer than 18 hours of Board-approved continuing professional education, which shall include an emergency office procedures course during the two-year licensing period preceding renewal.

(g) Dental assistants. To renew a registration, a dental assistant shall meet the requirements established by the Board by rule.

(Added 2011, No. 116 (Adj. Sess.), § 13; amended 2015, No. 161 (Adj. Sess.), § 2, eff. June 2, 2016.)

§ 662 Fees

(a) Applicants and persons regulated under this chapter shall pay the following fees:

(1) Application

| | (A) | Dentist | $285.00 | | --- | --- | --- | --- | | | (B) | Dental therapist | $215.00 | | | (C) | Dental hygienist | $200.00 | | | (D) | Dental assistant | $80.00 |

(2) Biennial renewal

| | (A) | Dentist | $655.00 | | --- | --- | --- | --- | | | (B) | Dental therapist | $310.00 | | | (C) | Dental hygienist | $245.00 | | | (D) | Dental assistant | $105.00 |

(b) The licensing fee for a dentist, dental therapist, or dental hygienist or the registration fee for a dental assistant who is otherwise eligible for licensure or registration and whose practice in this State will be limited to providing pro bono services at a free or reduced-fee clinic or similar setting approved by the Board shall be waived.

(Added 2011, No. 116 (Adj. Sess.), § 13; amended 2015, No. 161 (Adj. Sess.), § 2, eff. June 2, 2016; 2019, No. 70, § 15; 2023, No. 77, § 24, eff. June 20, 2023.)

§§ 662-664 Repealed

[Repealed]

1997, No. 40, § 17.

§ 663 Repealed

[Repealed]

2017, No. 144 (Adj. Sess.), § 14.

§§ 665-667 Repealed

[Repealed]

1997, No. 40, § 17.

§§ 668-681 Repealed

[Repealed]

1997, No. 40, § 17.

Chapter 13 Dentists and Dental Hygienists

Subchapter 1 General Provisions

§§ 721-724 Repealed

[Repealed]

2011, No. 116 (Adj. Sess.), § 12.

§ 725 Repealed

[Repealed]

2007, No. 29, § 77.

Subchapter 2 Board of Dental Examiners

§ 761 Repealed

[Repealed]

2011, No. 116 (Adj. Sess.), § 12.

§ 762 Repealed

[Repealed]

2005, No. 27, § 117(1).

§ 763 Repealed

[Repealed]

2011, No. 116 (Adj. Sess.), § 12.

§§ 764, 765 Repealed

[Repealed]

1977, No. 255 (Adj. Sess.), § 9.

§ 766 Repealed

[Repealed]

1969, No. 81, § 10.

§ 767 Repealed

[Repealed]

2011, No. 116 (Adj. Sess.), § 12.

Subchapter 3 Dentists

§§ 801, 802 Repealed

[Repealed]

2011, No. 116 (Adj. Sess.), § 12.

§ 803 Repealed

[Repealed]

1961, No. 172, § 5, eff. June 21, 1961.

§§ 804, 805 Repealed

[Repealed]

2011, No. 116 (Adj. Sess.), § 12.

§§ 806, 807 Repealed

[Repealed]

1977, No. 255 (Adj. Sess.), § 9.

§§ 808-812 Repealed

[Repealed]

2011, No. 116 (Adj. Sess.), § 12.

§ 813 Repealed

[Repealed]

1993, No. 108 (Adj. Sess.), § 21.

Subchapter 4 Dental Hygienists

§ 851 Repealed

[Repealed]

2011, No. 116 (Adj. Sess.), § 12.

§ 852 Repealed

[Repealed]

1961, No. 172, § 5, eff. June 21, 1961.

§§ 853, 854 Repealed

[Repealed]

2011, No. 116 (Adj. Sess.), § 12.

§ 855 Repealed

[Repealed]

1969, No. 81, § 24.

§ 856 Repealed

[Repealed]

2011, No. 116 (Adj. Sess.), § 12.

Subchapter 5 Dental Assistants

§§ 861-867 Repealed

[Repealed]

2011, No. 116 (Adj. Sess.), § 12.

Chapter 15 Electricians and Electrical Installations

Subchapter 1 General Provisions

§ 881 Definitions

As used in this chapter, unless the context clearly requires otherwise:

(1) “Board” means the Electricians’ Licensing Board created under this chapter.

(2) “Commissioner” means the Commissioner of Public Safety.

(3) “Complex structure” shall have the same meaning as the term “public building” as defined in 20 V.S.A. § 2900(8).

(4) “Electrical inspector” means a State electrical inspector employed pursuant to section 915 of this title.

(5) “Electrical installation” means wires, fixtures, or apparatus installed in a complex structure or at the construction site of such structure for the transmission and use of commercially supplied or privately generated electrical energy.

(6) “Electrician’s helper” means a person assisting in the construction, installation, or repair of an electrical installation under the direct supervision of a master or journeyman electrician who is present at the work site.

(7) “Legislative body” means the selectboard of a town, the board of aldermen or city council of a city, or the board of trustees of an incorporated village.

(8) “Municipal inspector” means an electrical inspector authorized to conduct municipal inspections pursuant to section 898 of this title.

(9) “Registered apprentice” means an apprentice registered with the Apprenticeship Division of the State Department of Labor for electrical training.

(10) “Work notice” means the notice required to be filed under this chapter by an electrician prior to commencement of electrical work.

(Added 1969, No. 284 (Adj. Sess.), § 3; amended 1987, No. 274 (Adj. Sess.), § 1; 2003, No. 63, § 76, eff. June 11, 2003; 2003, No. 141 (Adj. Sess.), § 10a, eff. April 1, 2005; 2005, No. 8, § 8, eff. April 25, 2005; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)

§ 882 Exceptions

This chapter does not apply to:

(1) The construction, installation, operation, repair, or maintenance of electrical installations that are used by a public utility in rendering its authorized service; nor to the installation, operation, repair, and wiring associated with telecommunication services and equipment used for the transmission of information by electricity regardless of the location of such electrical installations, equipment, or facilities.

(2) Electrical installations in ships, pipeline systems, railway rolling stock, automotive equipment, or portable sound equipment.

(3) The manufacture, testing, or repair of electrical equipment in the plant of the manufacturer of the equipment.

(4) The construction, repairs, or maintenance of buildings used exclusively for agricultural purposes on owner-occupied farms.

(Added 1969, No. 284 (Adj. Sess.), § 3; amended 1983, No. 146 (Adj. Sess.), § 1, eff. April 11, 1984; 1987, No. 274 (Adj. Sess.), § 2.)

Subchapter 2 Regulation of Electrical Installations by Licensing Board

§ 891 Rules adopted by Board

The Electricians’ Licensing Board created under section 901 of this title may adopt, amend, revise, and repeal rules providing reasonable standards and requirements applicable to any electrical installation as defined in section 881 of this title, except as provided in sections 882 and 892 of this title. The Board, if it finds it practicable to do so, may adopt the provisions of a nationally recognized electrical code under authority of this section.

(Added 1969, No. 284 (Adj. Sess.), § 3; amended 1987, No. 274 (Adj. Sess.), § 3.)

§ 892 Work in progress

Rules adopted under section 891 of this title are not applicable to the construction, repair, or replacement of any electrical installation if the work is commenced within 30 days following their adoption, or to electrical installations in any structure standing or in the process of construction at the time of their adoption.

(Added 1969, No. 284, § 3; amended 1987, No. 274 (Adj. Sess.), § 4.)

§ 893 Commencement of work; fees; work notice; inspection of work; certificate of completion

(a) Electrical work in a complex structure shall not commence until a work notice accompanied by the required fee is submitted to the Department and the work notice is validated by the Department. There shall be a base fee of $40.00 for each work notice, except for electrical work done in one and two family residential dwellings. In addition to the base fee, the following fees shall be charged:

(1) Services

(A) Temporary—$30.00.

(B) Permanent—1 phase and 3 phase through 400 amp—$35.00.

(D) Permanent—801 amp and larger—$100.00.

(2) Transformers

(A) 1 to 25 KVA—$10.00 each.

(B) 26 to 75 KVA—$15.00 each.

(D) Over 200 KVA—$35.00 each.

(3) Motors and Generators

(A) Up to 5 hp, KW, KVA—$10.00 each.

(B) 5 to 25 hp, KW, KVA—$10.00 each.

(D) Over 100 hp, KW, KVA—$25.00 each.

(4) Other electrical work

(A) Each panel and feeder after the main disconnect—$35.00.

(B) Outlets for receptacles, switches, fixtures, electric baseboard (per 50 units or portion thereof)—$20.00.

(D) Fuel oil, kerosene, LP, natural gas, and gasoline pumps—$15.00 each.

(E) Boilers, furnaces, and other stationary appliances—$10.00 each.

(F) Elevators—$75.00 each.

(G) Platform lifts—$40.00 each.

(H) Fire alarm initiating, signaling, and associated devices (per 50 units or portions thereof)—$30.00.

(I) Fire alarm main panel and annunciator panels—$50.00 each.

(J) Fire pumps—$50.00.

(5) Reinspection fee. For each reinspection for code violations, there will be a fee of $125.00.

(b) The Commissioner may establish inspection priorities for electrical inspections. Priorities shall be based on the relative risks to persons and property, the type and size of the complex structure, and the type and number of electrical installations to be installed. Electrical installations regulated by the Board shall be inspected by the Commissioner or an electrical inspector in accordance with the procedures and priorities established by the Commissioner.

(c) An electrical installation in any part of a complex structure shall not be covered unless it is inspected by an electrical inspector. The provisions of this subsection may be specifically waived by an electrical inspector in writing. Upon completion of a new electrical installation, the applicant shall request a final inspection by an electrical inspector in writing. Within five working days of receipt of the application, the Commissioner, or inspector, shall conduct an inspection, establish a reasonable date for inspection, or issue a waiver of inspection.

(d) A certificate of completion shall be issued if the Commissioner or electrical inspector determines after inspection that the installation is in compliance with the standards and requirements adopted by the Board.

(e) No part of a complex structure, in which part a new electrical installation has been made, shall be sold or conveyed for use or occupancy without first securing a certificate of completion for the new electrical installation.

(f) The Commissioner or an inspector designated by the Commissioner shall have authority to enter any premises in which an electrical installation subject to the rules of the Board is being or has been installed, replaced, or repaired for the purpose of making such inspection as is necessary to carry out his or her responsibilities under this subchapter. If the owner or occupant of the premises refuses to permit entry by the Commissioner, or an electrical inspector, any Superior Court, on application of the Commissioner, shall have jurisdiction to issue an order enforcing such right of entry.

(Added 1969, No. 284 (Adj. Sess.), § 3; amended 1973, No. 146 (Adj. Sess.), § 1, eff. March 11, 1974; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1983, No. 146 (Adj. Sess.), § 2, eff. April 11, 1984; 1987, No. 274 (Adj. Sess.), § 5; 1991, No. 234 (Adj. Sess.), § 6; 1999, No. 49, § 141; 2001, No. 65, § 2; 2009, No. 134 (Adj. Sess.), § 5, eff. May 29, 2010.)

§ 894 Energizing installations

(a) A new electrical installation in or on a complex structure or an electrical installation used for the testing or construction of a complex structure shall not be connected or caused to be connected, to a source of electrical energy unless prior to such connection, either a temporary or a permanent energizing permit is issued for that installation by the Commissioner or an electrical inspector.

(b) This section shall not be construed to limit or interfere with a contractor’s right to receive payment for electrical work for which a certificate of completion has been granted.

(Added 1969, No. 284 (Adj. Sess.), § 3; amended 1987, No. 274 (Adj. Sess.), § 6.)

§ 895 Issuance of order by Commissioner

If the Commissioner finds a violation of the rules adopted under section 891 of this title or that the structure is not in substantial compliance with the safety requirements of the Department for that structure, the Commissioner may issue an order directing the owner of the premises in which the violation is found, or the owner’s agent and the person doing the work, to correct or remove the violation, withdraw validation of the work notice, or order the owner, any public utility, or any private party furnishing electricity to such installation to not connect or disconnect electrical energy from all or any portion of the electrical system until the cited violation is removed or corrected. The Commissioner may order any one or a combination of these options in order to effect compliance.

(Added 1969, No. 284 (Adj. Sess.), § 3; amended 1987, No. 274 (Adj. Sess.), § 7.)

§ 896 Request for reconsideration; appeals

A person aggrieved by a refusal to grant a certificate of completion under section 893 of this title or by an order under section 895 of this title may request that the Commissioner reconsider such refusal or order. A request for reconsideration shall be made in writing and shall be filed with the Commissioner within 15 days after receipt of written notice of such refusal or order. The Commissioner shall review the refusal or order within 30 days of the date the request for reconsideration is received. The Commissioner shall issue an order amending, modifying, or affirming the prior refusal or order as circumstances require within 30 days of the date of the review. A person aggrieved by the Commissioner’s decision under this section may appeal to the Superior Court, which shall hear the matter de novo.

(Added 1969, No. 284 (Adj. Sess.), § 3; amended 1987, No. 274 (Adj. Sess.), § 8.)

§ 897 Administrative penalties; enforcement; liability

(a) The Commissioner may, after notice and an opportunity for a hearing, assess an administrative penalty of not more than $1,000.00 for each violation against a person who violates any rule adopted under this subchapter, or any order lawfully issued under this subchapter. Penalties assessed under this section shall be based on the severity of the violation according to rules adopted by the Commissioner.

(b) The Superior Court for the county in which occurs a violation of any rule adopted or any order lawfully issued under this subchapter, on application by the Commissioner shall have jurisdiction to issue an order enjoining or restraining such violation. However, an election by the Commissioner to proceed under this subsection shall not limit or restrict the Commissioner’s authority to assess an administrative penalty under subsection (a) of this section.

(c) Violation of any rule adopted under this subchapter shall be prima facie evidence of negligence in any civil action for damage or injury that is the result of the violation.

(Added 1969, No. 284 (Adj. Sess.), § 3; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1987, No. 274 (Adj. Sess.), § 9.)

§ 898 Municipal inspection

(a) A legislative body may establish inspection procedures and appoint trained and qualified municipal inspectors to conduct electrical inspections. If the Commissioner determines that the inspection procedures and the training and qualifications of the municipal inspectors are sufficient, the Commissioner may assign the Department’s responsibility for conducting inspections of electrical installations regulated by the Board within that municipality to the municipality. An assignment of responsibility under this section shall not affect the authority of the Commissioner under this subchapter. If the Commissioner assigns responsibility for municipal inspections under this section, the Commissioner may exempt all electrical installations within the municipality from inspection by the State under section 893 of this title. The legislative body may establish reasonable fees for inspections for the purpose of defraying the cost of the same. Such fees will be in lieu of fees established under subsection 893(a) of this title.

(b) Work notices, certificates of completion, and energizing permits shall be issued by municipal inspectors in the same manner and subject to the same conditions that they are issued by the State electrical inspectors under sections 893 and 894 of this title.

(c) A municipal inspector shall have authority to enter any premises in which an electrical installation subject to rules adopted under section 891 of this title is being installed, replaced, or repaired for the purpose of making such inspection as is necessary to carry out his or her responsibilities under this subchapter.

(d)(1) If, after inspection of the electrical installation, a violation of the rules of the Board is found, a municipal inspector may:

(A) issue an order directing the electrician of record or the owner of the premises in which the violation is found, to correct or remove the violation;

(B) withdraw validation of the work notice; or

(C) order the owner, any public utility, or any private party furnishing electricity to such installation to disconnect electrical energy from all or any portion of the electrical system until the violation is removed or corrected.

(2) A municipal inspector may order any one or combination of these options set forth in subdivision (1) of this subsection, as necessary to effect compliance with the Board’s rules.

(e) Acceptance of an assignment of responsibility under this section shall not preclude a municipality from conducting its own electrical inspection program.

(f) A person aggrieved by a refusal of a municipal inspector to issue a certificate of completion or by any other action of a municipal inspector or the municipality relating to this section may appeal to the Commissioner by filing a written application for a hearing with the Commissioner within 15 calendar days after written notice of such refusal or action. A person filing an application in accordance with this subsection shall be entitled to notice and an opportunity for a hearing before the Commissioner within 45 calendar days. Within 30 calendar days after the hearing, the Commissioner shall issue an order amending, modifying, or affirming the action by the municipal inspector or municipality.

(g) The results of all inspections conducted by municipal inspectors under this section shall be reported monthly to the Commissioner. Reports shall include the date of inspections, locations of the work inspected, the name and license number of the contractor performing the work, violations found, orders issued, and the date of any completion certificates or energizing permits issued.

(h) Municipal inspectors shall participate in training provided by the Department of Public Safety. The Department shall also provide continuing consultation, review, and assistance as may be necessary to municipal inspectors.

(i) The Commissioner may revoke an assignment of responsibility to a municipality granted under this section if the Commissioner determines that the training or qualifications of the municipal inspectors or the inspection procedures adopted by the legislative body are insufficient.

(Added 1969, No. 284 (Adj. Sess.), § 3; amended 1987, No. 274 (Adj. Sess.), § 10; 2003, No. 141 (Adj. Sess.), § 10b, eff. April 1, 2005; 2019, No. 131 (Adj. Sess.), § 273.)

§ 899 Private inspections

(a) Upon a determination that the resources of the State and the municipality are insufficient to provide the approval or inspection services required by this chapter, the Commissioner may assign responsibility for inspecting electrical installations on its own premises to a private corporation, partnership, or sole proprietorship that has an ongoing need for services. Applications to conduct private inspections under this section shall be in the manner prescribed by the Commissioner.

(b) The Commissioner may grant an application under this section if he or she determines that the applicant has the ability to carry out inspections. The Commissioner shall consider at least the following factors:

(1) the size of the facility;

(2) self-insurance or other indication of incentive and motivation for safety;

(3) whether the applicant’s training program for inspectors and inspection procedures are at least equivalent to the State’s program and procedures.

(1) participate in State-sponsored training programs;

(2) file monthly reports with the Commissioner containing the number and type of inspections, electrical installations, violations for that month, and the license numbers of the electrical contractors performing work;

(3) permit electrical inspectors to perform random inspections of the applicant’s facility;

(4) pay the Department an annual flat fee. The amount of the fee shall be negotiated by the Department and the applicant and shall take into consideration the cost to the applicant of conducting private inspections. The fee shall not exceed the fee established under section 893 of this title.

(d) The Commissioner may revoke an approval to conduct private inspections whenever the Commissioner determines that the training program is insufficient or that the business has failed to comply with the provisions of subdivisions (c)(1)-(3) of this section.

(Added 1987, No. 274 (Adj. Sess.), § 11.)

Subchapter 3 Licensing Electricians

§ 901 Electricians’ Licensing Board; membership; powers

(a) Creation. A board for the licensing of electricians is created, to be known as the “Electricians’ Licensing Board.”

(b) Membership. The Board consists of the Commissioner of Public Safety or a member of that Department designated by the Commissioner and four persons appointed by the Governor with the advice and consent of the Senate.

(1) The four appointed members shall serve for terms of three years, beginning on July 1 in the year of appointment, and they shall include one licensed master electrician, one licensed journeyman electrician, one person associated with the public electrical utility industry who is knowledgeable in technical as well as operational issues of the electrical utility industry, and one person associated with the fire insurance industry.

(2) Not more than two appointed members’ terms shall expire in the same year.

(3) The Governor shall appoint one of the members of the Board to serve as its chair.

(1) Not less than once every five years, the Board shall review electricians’ continuing education or other continuing competency requirements. The review results shall be in writing and address the following:

(A) the renewal requirements for electricians;

(B) the renewal requirements in other jurisdictions, particularly in the Northeast region;

(D) an analysis of the utility and effectiveness of the renewal requirements with respect to public protection; and

(E) recommendations to the Commissioner on whether the continuing education or other continuing competency requirements should be modified.

(2) The Commissioner shall respond to the Board within 45 days of its submitted review results. The Commissioner may require the Board to reduce, modify, or otherwise change the renewal requirements, including by proposing any necessary amendments to statute or rule.

(Added 1969, No. 284 (Adj. Sess.), § 3; amended 1971, No. 14, § 14, eff. March 11, 1971; 1987, No. 274 (Adj. Sess.), § 12; 1993, No. 218 (Adj. Sess.), § 1; 2005, No. 8, § 9, eff. April 25, 2005; No. 152 (Adj. Sess.), § 11, eff. April 1, 2021; 2019, No. 178 (Adj. Sess.), § 36, eff. July 1, 2021.)

§ 902 Master electricians

(a) To be eligible for licensure as a master electrician, an applicant shall:

(1) have been licensed as a journeyman electrician under this chapter for at least two years; or

(2) have had comparable experience and training, within or without this State, acceptable to the Board; and

(3) pass an examination to the satisfaction of the Board.

(b) Upon successful completion of the examination and payment of the required fee, the applicant shall receive a master electrician’s license in the form of a wallet-size card. This license shall be carried by the master electrician at all times while performing his or her trade and shall be displayed upon request. Upon the request by the licensee and upon payment of the required fee, the Board shall issue a license certificate suitable for framing.

(c) A person licensed under this chapter as a master electrician is entitled to design, install, repair, maintain, and replace electrical installations including lightning rods, fire alarms, and fire detection systems as his or her principal business or in the course of another business conducted by him or her, and may employ other persons licensed under this chapter or electrician’s helpers to perform work in connection with electrical installations under his or her direction.

(Added 1969, No. 284 (Adj. Sess.), § 3; amended 1971, No. 42, § 1, eff. April 7, 1971; 1973, No. 214 (Adj. Sess.), § 25; 1979, No. 121 (Adj. Sess.), § 4; 1987, No. 274 (Adj. Sess.), § 13.)

§ 903 Journeyman electricians

(a) To be eligible for licensure as a journeyman electrician an applicant shall:

(1) provide verification by the Vermont Apprenticeship Council of completion of an apprenticeship in electrical wiring that included both instruction and practice in work processes; or

(2) have had equivalent training and experience, within or outside this State, acceptable to the Board; and

(3) pass an examination to the satisfaction of the Board.

(b) Upon successful completion of the examination and payment of the required fee, the applicant shall receive a journeyman electrician’s license in the form of a wallet-size card. This license shall be carried by the journeyman at all times while performing his or her trade and shall be displayed upon request. Upon request by the licensee and payment of the required fee, the Board shall issue a license certificate suitable for framing.

(c) A person licensed under this chapter as a journeyman electrician is entitled to perform electrical installations under the direction of a master electrician, and may supervise an apprentice electrician or an electrician’s helper employed by a master electrician under the master electrician’s direction.

(Added 1969, No. 284 (Adj. Sess.), § 3; amended 1971, No. 42, § 2, eff. April 7, 1971; 1979, No. 121 (Adj. Sess.), § 5; 1987, No. 274 (Adj. Sess.), § 14; 2019, No. 131 (Adj. Sess.), § 274.)

§ 904 Type-S journeyman electrician

(a) To be eligible for licensure as a type-S journeyman an applicant shall:

(1) complete an accredited training and experience program recognized by the Board; or

(2) have had training and experience, within or without this State, acceptable to the Board; and

(3) pass an examination to the satisfaction of the Board in one or more of the following fields:

(A) automatic gas or oil heating;

(B) outdoor advertising;

(D) appliance and motor repairs;

(E) well pumps;

(F) farm equipment;

(G) any miscellaneous specified area of specialized competence.

(b) Upon successful completion of the examination and payment of the required fee for each field in which a license is to be issued, the applicant shall receive a license in the form of a wallet-size that which shall be carried at all times while performing his or her trade and shall be displayed upon request. Upon request of the licensee and upon payment of the required fee, the Board shall issue a license certificate suitable for framing.

(Added 1969, No. 284 (Adj. Sess.), § 3; amended 1971, No. 42, § 3, eff. April 7, 1971; 1979, No. 121 (Adj. Sess.), § 6; 1987, No. 274 (Adj. Sess.), § 15.)

§ 905 Application; examinations, education, and fees

(a)(1) Each applicant for a license shall submit to the Board, on forms furnished by it, a written application containing such relevant information as the Board may require, accompanied by the required examination fee.

(2) The examination fee shall be established by the Board but shall be no greater than the cost associated with administering the examination. Notwithstanding 32 V.S.A. § 502(a), if the examination is conducted by an outside testing service, the required examination fee may be paid directly to the testing service.

(b) Examinations shall be conducted in writing and shall include a practical skills examination. The examination shall cover theoretical and practical aspects of electrical work, together with pertinent laws and rules. In addition, the master electrician’s examination shall contain questions on the installation of lightning rods, fire alarms, and fire detection systems.

(d)(1) Three-year electrical license fees shall be:

| (A) | for a masters license (initial and renewal) | $150.00 | | --- | --- | --- | | (B) | for a journeyman’s license (initial and renewal) | $115.00 | | (C) | for a type-S journeyman’s license (initial and renewal) per field | $115.00 |

(2) The fee for a certificate for framing shall be: $ 10.00.

(e) If a license is allowed to lapse, it may be renewed within one year of its expiration date by the payment of $25.00 in addition to the renewal fee.

(f) The fee for replacement of a lost or damaged license shall be: $20.00.

(g) Pursuant to qualifications and procedures determined by the Commissioner, the Board shall, upon request, waive application fees for qualified military members and military spouses.

(1) The education module shall be not more than two hours and shall be required as a condition of initial licensure and license renewal. The module shall include education on any State or utility incentives relevant to the profession.

(A) The education module for initial licensure shall provide general information regarding the State’s energy goals.

(B) The education module for license renewal shall provide any updates on the State’s energy goals and any updates regarding corresponding State energy programs applicable to the profession.

(2) The Commissioner shall consider any recommendations on these education modules provided by relevant stakeholders and approve education modules in consultation with the Agency of Natural Resources and the Department of Public Service.

(h) In addition to other education requirements of this subchapter, the Commissioner shall require each applicant to complete an education module regarding the State’s energy goals and how the electrician profession can further those goals.

(Added 1969, No. 284 (Adj. Sess.), § 3; amended 1979, No. 121 (Adj. Sess.), § 7; 1987, No. 274 (Adj. Sess.), § 16; 1991, No. 234 (Adj. Sess.), § 7; 1999, No. 49, §§ 142, 143; 2001, No. 65, § 3; 2009, No. 134 (Adj. Sess.), § 6, eff. May 29, 2010; 2019, No. 152 (Adj. Sess.), § 12, eff. April 1, 2021; 2019, No. 178 (Adj. Sess.), § 36, eff. July 1, 2021.)

§ 906 Examinations not required

(a) Generally. A license for an individual who is licensed by another state or who has received designation by the U.S. Armed Forces as a 12R electrician or equivalent shall be issued without examination as provided pursuant to this section on payment of the required fee.

(b)(1) Reciprocity. A master’s or journeyman’s license, as the case may be, shall be issued to a person to whom a master electrician’s license or a journeyman electrician’s license has been previously issued by another state, whose standards are equivalent to those of this State, if under the laws or regulations of the state issuing the license a similar privilege is granted to electricians licensed under the laws of this State.

(2) Uniform process for endorsement from other states.

(A) The Board shall issue a license to master and journeyman electricians who have been licensed in good standing in another jurisdiction within the United States for at least three years, regardless of whether that jurisdiction meets the reciprocity requirements of subdivision (1) of this subsection.

(B) If the Board determines that three years of demonstrated practice in another specific jurisdiction is not adequately protective of the public, it shall provide its rationale to the Commissioner, who may propose any necessary statutory or rule amendments in order to implement more restrictive requirements for endorsement for that jurisdiction.

(C) The Commissioner may issue to an endorsement applicant a waiver of the practice requirement if there is a showing that the waiver follows State policy and the public is adequately protected.

(1) submits a complete application and any documentation required by the Board;

(2) has received designation by the U.S. Armed Forces as a 12R electrician or equivalent; and

(3) has completed a minimum of 8,000 hours and four years of active duty field work as a 12R electrician or equivalent.

(d) As used in this section:

(1) “Service member” means an individual who is an active member of:

(A) the U.S. Armed Forces;

(B) a reserve component of the U.S. Armed Forces;

(D) the National Guard of any state.

(2) “Veteran” means a former service member who received an honorable discharge or a general discharge under honorable conditions from active duty not more than two years prior to submitting an application for licensure.

(Added 1969, No. 284 (Adj. Sess.), § 3; amended 1987, No. 274 (Adj. Sess.), § 17; 2017, No. 119 (Adj. Sess.), § 1; 2019, No. 152 (Adj. Sess.), § 13, eff. April 1, 2021.)

§ 907 Recognition of experience

(a) The Board, in determining the qualifications of an applicant for a license, may in its discretion give recognition:

(1) in the case of an application for a master’s license, to the applicant’s experience as a licensed journeyman in another state;

(2) in the case of an application for a journeyman’s license, to an apprenticeship served in another state; or

(3) to experience or prior qualifications.

(b)(1) The Board, in determining the qualifications of a service member or veteran, as defined pursuant to section 906 of this subchapter, who is applying for a master’s license, shall give recognition to the applicant’s:

(A) experience as a 12R electrician or equivalent in the U.S. Armed Forces; and

(B) other experience or prior qualifications.

(2) The Board may evaluate specific military credentials to determine equivalency to credentials within the Board’s jurisdiction. The determinations shall be adopted through written policy that shall be posted on the Board’s website.

(c)(1) The Commissioner shall adopt rules in consultation with the Board that prescribe a process for the Commissioner to assess the equivalence of an applicant’s professional credentials earned outside the United States as compared to State licensing requirements for electricians.

(2) Any determination of equivalence by the Commissioner under this subsection shall be in consultation with the Board, recorded in the applicant’s licensing file, and binding upon the Board.

(3) In administering this section, the Board may rely upon third-party credential verification services. The cost of such services shall be paid by the applicant.

(Added 1969, No. 284 (Adj. Sess.), § 3; amended 1973, No. 146 (Adj. Sess.), § 2, eff. March 11, 1974; 1987, No. 274 (Adj. Sess.), § 18; 2017, No. 119 (Adj. Sess.), § 2; 2019, No. 152 (Adj. Sess.), § 14, eff. April 1, 2021.)

§ 908 Expiration and renewal of licenses; continuing education

(a) All licenses expire on the last day of a month designated by the Board. A license shall be valid for three years. The Board shall renew the license of a person holding a valid license issued under this chapter on receipt of an application for renewal and the required fee on or before the expiration date of his license, except as provided in section 892 of this title.

(b) All journeyman and master electricians shall, as a condition of license renewal, complete 15 hours of instruction, approved by the Board, on the national electrical code during the preceding 36-month period. All holders of a type-S journeyman license shall, as a condition of renewal, complete eight hours of instruction, approved by the Board, on the subject of the license holder’s specialty during the preceding 36 months, except that holders of multiple type-S licenses shall not be required to complete more than 15 hours of instruction during the preceding 36 months.

(Added 1969, No. 284 (Adj. Sess.), § 3; amended 1979, No. 121 (Adj. Sess.), § 8; 1987, No. 274 (Adj. Sess.), § 19; 1991, No. 234 (Adj. Sess.), § 8; 2001, No. 151 (Adj. Sess.), § 44f, eff. June 27, 2002; 2003, No. 63, § 77, eff. June 11, 2003.)

§ 909 Revocation, suspension, and refusing of renewal of license

The Board, after notice to the licensee and opportunity for hearing, may revoke or suspend a license issued under this chapter, or refuse to renew the license of a person who has made application for renewal:

(1) if the license was wrongfully or fraudulently obtained;

(2) if the licensee has violated or failed to comply with any provision of this chapter, or any rule, regulation, or requirement adopted under this chapter;

(3) if the licensee is found by the Board to be unqualified to hold the license.

(Added 1969, No. 284 (Adj. Sess.), § 3.)

§ 910 License not required

A license shall not be required for the following types of work:

(1) Any electrical work, including construction, installation, operation, maintenance, and repair of electrical installations in, on, or about equipment or premises, that are owned or leased by the operator of any industrial or manufacturing plant, if the work is done under the supervision of an electrical engineer or master electrician in the employ of the operator.

(2) Installation in laboratories of exposed electrical wiring for experimental purposes only.

(3) Any electrical work by an owner or his or her regular employees in the owner’s freestanding single unit residence, in outbuildings accessory to such freestanding single unit residence, or any structure on owner-occupied farms.

(4) Electrical installations performed as a part of a training project of a vocational school or other educational institution. However, the installation shall be inspected if the building in which the installation is made is to be used as a “complex structure”.

(5) Electrical work performed by an electrician’s helper under the direct supervision of a person who holds an appropriate license issued under this chapter.

(6) Any electrical work in a building used for dwelling or residential purposes that contains no more than two dwelling units.

(7) Installation of solar electric modules and racking on complex structures to the point of connection to field-fabricated wiring and erection of net metered wind turbines.

(Added 1969, No. 284 (Adj. Sess.), § 3; amended 1973, No. 146 (Adj. Sess.), § 3, eff. March 11, 1974; 1987, No. 274 (Adj. Sess.), § 20; 2009, No. 159 (Adj. Sess.), § 18d, eff. June 4, 2010.)

§ 911 Penalty

Any person who installs, replaces, or repairs any electrical installation except as provided in sections 882 and 910 of this title, without first obtaining an appropriate license under this subchapter, or employs a person to make any electrical installation for which he or she is not properly licensed under this chapter, or procures any license wrongfully or by fraud, shall be fined not more than $500.00 for each offense.

(Added 1969, No. 284 (Adj. Sess.), § 3; amended 1987, No. 274 (Adj. Sess.), § 21.)

§ 912 Repealed

[Repealed]

1987, No. 274 (Adj. Sess.), § 24.

§ 913 License fees and licenses

All licenses shall be issued by the Chair of the Board.

(Added 1969, No. 284 (Adj. Sess.), § 3; amended 1975, No. 118, § 77; 1999, No. 49, § 144.)

§ 914 Members of Board; per diem and expenses

Each appointed member of the Board is entitled to a per diem and expenses as provided in 32 V.S.A. § 1010.

(Added 1969, No. 284 (Adj. Sess.), § 3; amended 1987, No. 274 (Adj. Sess.), § 22.)

§ 915 Employment of inspectors; appropriation

The Department of Public Safety is authorized to employ inspectors as necessary for carrying out the responsibilities of the Commissioner under section 893 of this title.

(Added 1969, No. 284 (Adj. Sess.), § 3; amended 1979, No. 121 (Adj. Sess.), § 9; 1999, No. 49, § 145; 2003, No. 141 (Adj. Sess.), § 10c, eff. April 1, 2005.)

Chapter 17 Embalmers

Subchapter 1 General Provisions

§§ 931-934 Repealed

[Repealed]

2009, No. 35, § 41(a).

Subchapter 2 Board of Funeral Service

§ 951 Repealed

[Repealed]

2009, No. 35, § 41(a).

§ 952 Repealed

[Repealed]

1999, No. 133 (Adj. Sess.), § 13.

§ 953 Repealed

[Repealed]

2009, No. 35, § 41(a).

§ 954 Repealed

[Repealed]

1969, No. 239 (Adj. Sess.), § 16.

Subchapter 3 Licenses

§§ 991-998 Repealed

[Repealed]

2009, No. 35, § 41(a).

Chapter 19 Property Inspectors

Subchapter 1 General Provisions

§ 1051 Purpose and effect

In order to safeguard the life and health of the people of this State, no person shall practice, or offer to practice, property inspecting unless currently licensed under this chapter.

(Added 2013, No. 136 (Adj. Sess.), § 2.)

§ 1052 Definitions

As used in this chapter:

(1) “Director” means the Director of the Office of Professional Regulation.

(2) “License” means a current authorization granted by the Director permitting the practice of property inspecting.

(3) “Practice of property inspecting” means performing or offering to perform for the public for a fee or other compensation services involving the physical inspection of real property structures and other improvements in order to evaluate the condition of the property, including any safety issues or material defects.

(4) “Property inspector” means a person who is licensed under this chapter to engage in the practice of property inspecting.

(Added 2013, No. 136 (Adj. Sess.), § 2.)

§ 1053 Prohibitions; offenses

(a) It shall be a violation of this chapter for any person to:

(1) sell or fraudulently obtain or furnish any property inspector degree, diploma, certificate of registration, license, or any other related document or record or to aid or abet in so doing;

(2) practice property inspecting 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 property inspecting unless currently licensed to do so under the provisions of this chapter;

(4) represent himself or herself as being licensed by this State to practice property inspecting or use in connection with a name any words, letters, signs, or figures that imply that a person is a property inspector when not licensed or otherwise authorized under this chapter; or

(5) practice property inspecting during the time a license or authorization issued under this chapter is suspended or revoked.

(b) Any person violating this section shall be subject to the penalties provided in 3 V.S.A. § 127.

(Added 2013, No. 136 (Adj. Sess.), § 2.)

§ 1054 Exceptions

This chapter does not prohibit:

(1) the practice of property inspection that is incidental to his or her program of study by a person enrolled in a property inspection training program approved by the Director; or

(2) the practice of any other occupation or profession by a person duly licensed or otherwise authorized under the laws of this State.

(Added 2013, No. 136 (Adj. Sess.), § 2.)

Subchapter 2 Administration

§ 1071 Duties of the Director

(a) The Director shall:

(1) provide general information to applicants for licensure as property inspectors;

(2) receive applications for licensure and issue licenses to applicants qualified under this chapter;

(3) administer fees as established by law;

(4) refer all disciplinary matters to an administrative law officer;

(5) renew, revoke, and reinstate licenses as ordered by an administrative law officer; and

(6) explain appeal procedures to licensed property inspectors and to applicants, and complaint procedures to the public.

(b) The Director may adopt rules necessary to perform his or her duties under this section and may adopt rules establishing standards of practice for the profession.

(Added 2013, No. 136 (Adj. Sess.), § 2.)

§ 1072 Advisor appointees

(a) The Secretary of State shall appoint two property inspectors for five-year staggered terms to serve at the Secretary’s pleasure as advisors in matters relating to property inspection. One of the initial appointments may be for less than a five-year term.

(b) An appointee shall have not less than five years’ experience as a property inspector immediately preceding appointment, shall be licensed as a property inspector in Vermont, and shall be actively engaged in the practice of property inspecting in this State during incumbency.

(c) The Director shall seek the advice of the property inspector advisors in carrying out the provisions of this chapter.

(Added 2013, No. 136 (Adj. Sess.), § 2.)

Subchapter 3 Licenses

§ 1091 Eligibility for licensure

(a) Each applicant for licensure as a property inspector shall meet the following minimum requirements:

(1) Be at least 18 years of age and have successfully completed high school or its equivalent.

(2) Complete no less than 80 hours of education approved by the Director covering all of the following real property core components:

(A) heating systems;

(B) cooling systems;

(D) electrical systems;

(E) structural components;

(F) foundations;

(G) roof coverings;

(H) exterior and interior components; and

(I) site aspects as they affect the building.

(3) Pass an examination required for licensure. The Director shall identify by rule an eligibility examination required for licensure that is an independent, nationally recognized proctored examination.

(4) [Repealed.]

(b) Proof of certification issued by an independent, nationally recognized organization that provides certification for property inspectors satisfies the eligibility requirements set forth in subdivisions (a)(2) and (3) of this section. The Director shall identify by rule acceptable organizations for certification. The Director shall issue a license to practice to any person who in addition to the requirements of subdivision (a)(1) of this section is certified by an acceptable organization identified by the Director.

(Added 2013, No. 136 (Adj. Sess.), § 2; amended 2015, No. 38, § 6, eff. May 28, 2015.)

§ 1092 License renewal

(a) A license shall be renewed every two years on a schedule determined by the Director 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.

(b) A license that has lapsed may be renewed upon payment of the biennial renewal fee and the late renewal penalty.

(c) 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 five years as a property inspector is professionally qualified for license renewal. Conditions imposed under this subsection shall be in addition to the requirements of subsection (a) of this section.

(Added 2013, No. 136 (Adj. Sess.), § 2.)

§ 1093 Applications

Applications for licensure and license renewal 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 2013, No. 136 (Adj. Sess.), § 2.)

§ 1094 Licensure generally

The Director shall issue a license or renew a license, upon payment of the fees required under this chapter, to an applicant or licensee who has satisfactorily met all the requirements of this chapter.

(Added 2013, No. 136 (Adj. Sess.), § 2.)

§ 1095 Fees

Applicants and persons regulated under this chapter shall pay those fees set forth in 3 V.S.A. § 125.

(Added 2013, No. 136 (Adj. Sess.), § 2.)

Chapter 20 Professional Engineering

Subchapter 1 General Provisions

§ 1161 Definitions

As used in this chapter:

(1) “Board” means the Board of Professional Engineering.

(2) “Professional engineering” means any service or creative work, the adequate performance of which requires engineering education, training, and experience in the application of special knowledge of the mathematical, physical, and engineering sciences and the principles and methods of engineering analysis and design acquired by engineering education and engineering experience, insofar as the service or work involves safeguarding life, health, or property. This includes consultation, investigation, evaluation, planning, and design of engineering works and systems, planning the use of land, air, and water and accomplishing engineering surveys and studies, any of which embraces such services or work, either public or private, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, control systems, fire protection systems, communication systems, transportation systems, projects, and equipment systems of a mechanical, electrical, hydraulic, pneumatic, chemical, or thermal nature.

(3) “Financial interest” means being:

(A) a licensed professional engineer;

(B) a person who deals in goods and services that are uniquely related to the practice of engineering; or

(4) “Instruments of service” means project deliverables, such as reports, specifications, drawings, plans, construction documents, or engineering surveys, that have been prepared under the licensee’s responsible charge.

(5) “Practice of professional engineering” means providing, attempting to provide, or offering to provide professional engineering services.

(6) A professional engineer in “private practice” means a professional engineer who owns, operates, or is employed by a business entity that derives a substantial part of its income from providing professional engineering services to the public.

(7) “Professional engineer” means a person licensed under this chapter.

(8) “Responsible charge” means direct control and personal supervision of engineering work.

(9) “Specialty discipline” means that area of professional engineering recognized by the Board as the area of expertise and practice for which a license is granted.

(10) “State” includes the United States, the District of Columbia, Puerto Rico, Guam, and the U.S. Virgin Islands.

(11) “Unauthorized practice” means conduct prohibited by section 1162 of this chapter and not exempted by section 1163 of this chapter.

(Added 1983, No. 188 (Adj. Sess.), § 2; amended 1991, No. 167 (Adj. Sess.), § 24; 2009, No. 35, § 13; 2013, No. 27, § 4.)

§ 1162 Prohibition; enforcement

(a) No person shall engage in the practice of professional engineering in this State unless the person is licensed under or exempt from this chapter.

(b) No person shall use in connection with the person’s name any letters, words, or insignia, including “Professional Engineer,” “P.E.,” “PE,” or “P.Eng.,” indicating that the person is a professional engineer unless the person is licensed in accordance with this chapter.

(c) A person found guilty of violating this section shall be subject to penalties provided in 3 V.S.A. § 127(c). In addition to the power of criminal enforcement, the Attorney General, a State’s Attorney, or a prosecuting attorney from the Office of Professional Regulation may bring a civil action to restrain continuing violations of this section.

(Added 1983, No. 188 (Adj. Sess.), § 2; amended 2007, No. 29, § 21; 2009, No. 35, § 14; 2013, No. 27, § 5.)

§ 1163 Exemptions

(a) Persons exempt. Section 1162 of this chapter does not prohibit acts constituting the practice of engineering performed as a necessary part of the duties of:

(1) an officer or employee of the federal government;

(2) an officer or a full-time employee of the State;

(3) an officer or full-time employee of a municipality;

(4) certain classes of licensed potable water supply and wastewater system designers, as designated by rule of the Secretary of Natural Resources, who design supplies or systems with a design flow of up to 1,350 gallons per day and who are licensed under 10 V.S.A. chapter 64;

(5) an officer or employee of a corporation in interstate communications as defined in the act of Congress entitled “Communications Act of 1934” or of a telephone company under the supervision and regulation of the Public Utility Commission;

(6) an employee or subordinate of a professional engineer, provided the engineering work is done under the responsible charge of, and verified by, the professional engineer; or

(7) students of engineering acting under the supervision of a professional engineer.

(b) Other professions. Section 1162 of this chapter does not prohibit acts constituting the practice of any other legally recognized profession or occupation.

(c) Purposes exempt. Section 1162 of this chapter does not prohibit any person from performing acts constituting the practice of engineering for the purpose of:

(1) engineering of a manufactured product;

(2) engineering of a building that is not a public building as defined in 20 V.S.A. § 2730;

(3) engineering a building that contains only one, two, or three dwelling units and any outbuilding accessory to those units;

(4) [Repealed.]

(5) engineering of recreational trails and trail-related structures by a nonprofit organization whose trails have been recognized by the Agency of Natural Resources as part of the Vermont trails system; provided such organization purchases and maintains liability insurance in the amount required by law or under a contract with the State of Vermont, but in no event in an amount that is less than $100,000.00.

(d), (e) [Repealed.]

(Added 1983, No. 188 (Adj. Sess.), § 2; amended 1987, No. 76, § 18; 1991, No. 167 (Adj. Sess.), § 66(8); 1995, No. 175 (Adj. Sess.), § 1; 2001, No. 133 (Adj. Sess.), §§ 10, 11, eff. June 13, 2002; 2009, No. 35, §§ 15, 41; 2013, No. 27, § 6.)

Subchapter 2 Board of Professional Engineering

§ 1171 Board of Professional Engineering

(a) The Board of Professional Engineering is created, consisting of six members who are residents of this State. The Board shall be attached to the Office of Professional Regulation.

(b) One member of the Board shall be a member of the public who has no financial interest in engineering other than as a consumer or possible consumer of its services. The member shall have no financial interest personally or through a spouse.

(1) Membership under this subsection shall include one civil engineer, one mechanical engineer, one structural engineer, one electrical engineer, and one engineer from among all specialty disciplines licensed by the Board.

(2) Membership under this subsection shall include at least three engineers in private practice.

(3) Of the five professional members appointed under this subsection, at the time of appointment, three persons shall have been engaged in the practice of professional engineering for at least 12 years.

(d) Board members shall be appointed by the Governor in accordance with 3 V.S.A. §§ 129b and 2004. The Governor shall request nominations from the various State engineering societies and may request nominations from other sources, but shall not be bound to select members from among the persons nominated.

(Added 1983, No. 188 (Adj. Sess.), § 2; amended 1989, No. 250 (Adj. Sess.), § 4(d); 2005, No. 27, § 37; 2005, No. 148 (Adj. Sess.), § 11; 2007, No. 29, § 22; 2007, No. 163 (Adj. Sess.), § 10; 2013, No. 27, § 7.)

§ 1172 Powers and duties

(a) The Board shall adopt rules necessary for the performance of its duties, including:

(1) a list of recognized engineering specialty disciplines;

(2) qualifications for obtaining licensure, interpreting sections 1182a and 1182b of this chapter;

(3) explanations of appeal and other significant rights given to licensees, applicants, and the public; and

(4) procedures for disciplinary and reinstatement cases.

(b) The Board shall:

(1) offer examinations to qualified applicants for licensing;

(2) use administrative services provided by the Office of Professional Regulation under 3 V.S.A. chapter 5;

(3) investigate suspected unprofessional conduct; and

(4) have general responsibility for ensuring that professional engineering services available in this State are of uniformly good quality and take suitable action, within the scope of its powers, to solve or bring public and professional attention to any problem which it finds in this area.

(1) establish or approve continuing education programs or other methods of allowing licensees to maintain continued competency;

(2) conduct hearings;

(3) administer oaths and at the request of any party issue subpoenas;

(4) issue orders relating to discovery in the same manner as a judge under the Vermont Rules of Civil Procedure, which may be enforced under 3 V.S.A. § 809b;

(5) adopt rules relating to the procedures to be followed in hearings held under this chapter;

(6) receive assistance from and refer suspected unauthorized practice to the Attorney General; and

(7) request the Attorney General to obtain injunctions to restrain unprofessional conduct.

(Added 1983, No. 188 (Adj. Sess.), § 2; amended 1989, No. 250 (Adj. Sess.), § 4(d); 1999, No. 52, § 11; 2013, No. 27, § 8.)

§§ 1173-1175 Repealed

[Repealed]

2013, No. 27, § 16.

§ 1176 Fees

Applicants and persons regulated under this chapter shall pay the following fees:

| (1) | Application for engineering license or application to add additional specialty discipline | $115.00 | | --- | --- | --- | | (2) | Application for engineer intern certificate | $60.00 | | (3) | Biennial license renewal | $175.00 | | (4) | [Repealed.] | |

(Added 1983, No. 188 (Adj. Sess.), § 2; amended 1989, No. 250 (Adj. Sess.), § 33; 1991, No. 167 (Adj. Sess.), § 25; 1993, No. 108 (Adj. Sess.), § 3; 1997, No. 59, § 53, eff. June 30, 1997; 1999, No. 49, § 175; 2001, No. 143 (Adj. Sess.), § 23, eff. June 21, 2002; 2005, No. 202 (Adj. Sess.), § 12; 2007, No. 29, § 23; 2009, No. 47, § 9; 2013, No. 27, § 9; 2013, No. 191 (Adj. Sess.), § 13; 2019, No. 70, § 16; 2023, No. 77, § 25, eff. June 20, 2023.)

Subchapter 3 Licensing and Specialty Certifications

§ 1181 Repealed

[Repealed]

2013, No. 27, § 16.

§ 1181a Engineer interns

(a) An engineer intern certification shall be issued by the Board to recognize those persons who have completed preliminary steps toward becoming licensed as a professional engineer. Engineer interns are not authorized to practice professional engineering.

(b) The minimum qualifications for certification by the Board as an engineer intern are as follows:

(1) a bachelor’s degree in engineering or in engineering technology or six years or more of progressive engineering experience of a grade and character acceptable to the Board; and

(2) a passing score set by Board rule on a fundamentals of engineering examination recognized by Board rule and taken in the State of Vermont.

(c) Upon satisfaction of the minimum qualifications set forth in subsection (b) of this section, the Board shall issue a certificate as an engineer intern. The certificate shall have no expiration date and no renewal fees.

(d) The use of the titles “Engineer Intern” and “E.I.” in Vermont is restricted to those persons certified as engineer interns by the Board or by an equivalent board in another state. An engineer intern certified by an equivalent board in another state shall be recognized as an engineer intern by the Board without further application or examination.

(Added 2013, No. 27, § 10.)

§ 1182 Repealed

[Repealed]

2013, No. 27, § 16.

§ 1182a Licensing standards

(a) Licensing standards and procedures adopted or used by the Board shall be fair and reasonable. The standards and procedures shall be designed and implemented to ensure that all qualified applicants are admitted to practice unless there is good reason to believe that practice by a particular applicant would be inconsistent with the public health, safety, and welfare. Licensing standards shall not be designed or implemented for the purpose of limiting the number of licensees.

(b) The Board recognizes the following routes to licensure:

(1) Individuals with a bachelor’s degree in engineering. A professional engineering license shall be issued to a person who:

(A) satisfactorily completes a bachelor’s level engineering curriculum accredited by the Accreditation Board for Engineering and Technology (ABET);

(B) attains a passing score set by Board rule on a fundamentals of engineering examination recognized by Board rule;

(C) completes four years or more of progressive engineering experience after graduation of a grade and character that indicate to the Board that the applicant may be competent to practice engineering, at least two years of which shall be in the specialty discipline for which the license is sought. A master’s degree in engineering may be counted as one year of experience;

(D) attains a passing score on a specialized examination recognized by Board rule testing the principles and practices of engineering in the specialty discipline sought; and

(E) satisfies all requirements set forth in the Board’s rules.

(2) Individuals with a master’s degree in engineering. A professional engineering license shall be issued to a person who:

(A) satisfactorily completes a bachelor’s level curriculum in a technical field related to engineering and master’s level engineering curriculum accredited by ABET;

(B) attains a passing score on a fundamentals of engineering examination recognized by Board rule;

(C) completes four years or more of progressive engineering experience after graduation from the master’s degree program of a grade and character that indicate to the Board that the applicant may be competent to practice engineering, at least two years of which shall be in the specialty discipline for which the license is sought;

(D) attains a passing score on a specialized examination recognized by Board rule testing the principles and practices of engineering in the specialty discipline sought; and

(E) satisfies all requirements set forth in the Board’s rules.

(3) Individuals with a bachelor’s degree in engineering technology. A professional engineering license shall be issued to a person who:

(A) satisfactorily completes a bachelor’s level engineering technology curriculum accredited by ABET;

(B) attains a passing score on a fundamentals of engineering examination recognized by Board rule;

(C) completes eight years or more of progressive engineering experience after graduation of a grade and character that indicate to the Board that the applicant may be competent to practice engineering, at least four years of which shall be in the specialty discipline for which the license is sought;

(D) attains a passing score on a specialized examination recognized by Board rule testing the principles and practices of engineering in the specialty discipline sought; and

(E) satisfies all requirements set forth in the Board’s rules.

(4) Twelve years of engineering experience. A professional engineering license shall be issued to a person who:

(A) attains a passing score on a fundamentals of engineering examination recognized by Board rule;

(B) completes 12 years or more of progressive engineering experience of a grade and character that indicate to the Board that the applicant may be competent to practice engineering, at least six years of which shall be in the specialty discipline for which the license is sought;

(C) attains a passing score on a specialized examination recognized by Board rule testing the principles and practices of engineering in the specialty discipline sought; and

(D) satisfies all requirements set forth in the Board’s rules.

(5) Sixteen years of engineering experience. A professional engineering license shall be issued to a person who:

(A) completes 16 years or more of progressive engineering experience of a grade and character that indicate to the Board that the applicant may be competent to practice engineering, at least eight years of which shall be in the specialty discipline for which the license is sought;

(B) attains a passing score on a specialized examination recognized by Board rule testing the principles and practices of engineering in the specialty discipline sought; and

(6) Alternate route to licensure. A professional engineering license may be issued to a person who:

(A) attains a passing score on a fundamentals of engineering examination recognized by Board rule;

(B) completes education and experience that, in the judgment of the Board, demonstrates a substantially equivalent level of preparation for engineering practice as required by subdivision (b)(1), (b)(2), or (b)(3) of this section;

(C) attains a passing score on a specialized examination recognized by Board rule testing the principles and practices of engineering in the specialty discipline sought; and

(D) satisfies all requirements set forth in the Board’s rules.

(Added 2013, No. 27, § 11.)

§ 1182b License and specialty disciplines

(a) Upon determining that an applicant is qualified for licensure in one or more specialty disciplines under section 1182a of this subchapter, the Board shall issue a license indicating the specialty discipline or disciplines.

(b) Upon determining that an existing licensee is qualified by application in an additional specialty discipline under section 1182a of this subchapter, the Board shall issue a license to the licensee indicating all specialty disciplines.

(Added 2013, No. 27, § 12.)

§ 1183 License renewal

(a) Licenses shall be renewed every two years without examination and on payment of the required fees. However, by rule, the Board may establish a continuing education requirement. If the Board establishes a continuing education requirement and a licensee fails to demonstrate compliance with that requirement, it may deny or condition renewal, after opportunity for hearing.

(b) Following expiration of a license, it may be reinstated upon payment of a renewal fee and a late renewal penalty. A licensee shall not be required to pay renewal fees during periods when the license was expired.

(Added 1983, No. 188 (Adj. Sess.), § 2; amended 2013, No. 27, § 13.)

§§ 1184-1186 Repealed

[Repealed]

2013, No. 27, § 16.

§ 1187 Repealed

[Repealed]

2009, No. 103 (Adj. Sess.), § 53.

§ 1188 Seal

(a) Each licensee shall obtain a seal of a design approved by the Board by rule.

(b) Plans, specifications, reports, and other instruments of service issued by a licensee shall be signed and sealed by the licensee.

(c) A person who affixes to a plan or other document the seal of a licensee without the licensee’s authorization shall be fined not more than $1,000.00 or imprisoned not more than 30 days, or both.

(Added 1983, No. 188 (Adj. Sess.), § 2; amended 2013, No. 27, § 14.)

Subchapter 4 Discipline

§ 1191 Unprofessional conduct

(a) Unprofessional conduct is the conduct prohibited by this section, by 3 V.S.A. § 129a, or by other statutes relating to engineering.

(b) [Repealed.]

(1) failing to make available, upon the timely request of a person using engineering services, copies of instruments of service in the possession or under the control of the licensee, when those instruments of service have been prepared for and paid for by the user of services;

(2) signing or sealing instruments of service for which the engineer is not in responsible charge, or negligently allowing use of the engineer’s professional stamp on such an instrument;

(3) [Repealed.]

(4) accepting and performing engineering responsibilities that the licensee knows or has reason to know that he or she is not competent to perform;

(5) making any material misrepresentation in the practice of engineering, whether by commission or omission;

(6) agreeing with any other person or organization, or subscribing to any code of ethics or organizational bylaws, when the intent or primary effect of that agreement, code, or bylaw is to restrict or limit the flow of information concerning alleged or suspected unprofessional conduct to the Board;

(7) failing to supervise adequately employees and subordinates under the licensee’s responsible charge who are engaged in the practice of professional engineering;

(8) accepting and performing engineering responsibilities that are outside the scope of engineering specialties held by the licensee;

(9) failing to protect the trust of engineering clients;

(10) failing to hold public health and safety above all other considerations in the practice of professional engineering;

(11) engaging in dishonorable or unethical conduct in the practice of professional engineering of a character likely to deceive, defraud, or harm the public; or

(12) failing to report to the Board knowledge of a perceived violation of this statute or the Board’s rule by another professional engineer licensed in this State.

(Added 1983, No. 188 (Adj. Sess.), § 2; amended 1989, No. 250 (Adj. Sess.), § 34; 1997, No. 145 (Adj. Sess.), § 37; 2013, No. 27, § 15.)

§§ 1192, 1193 Repealed

[Repealed]

2013, No. 27, § 16.

§ 1194 Repealed

[Repealed]

1989, No. 250 (Adj. Sess.), § 92.

Chapter 21 Funeral Services

Subchapter 1 General Provisions

§ 1211 Definitions

(a) As used in this chapter, unless a contrary meaning is required by the context:

(1) [Repealed.]

(2) “Director” means the Director of the Office of Professional Regulation.

(3) “Funeral director” means a licensed person who is the owner, co-owner, employee, or manager of a licensed funeral establishment and who, for compensation, engages in the practice of funeral service.

(4) “Funeral establishment” means a business registered with the Office conducted at a specific street address or location devoted to the practice of funeral service, and includes a limited services establishment.

(5) “Office” means the Office of Professional Regulation.

(6) “Practice of funeral service” means arranging, directing, or providing for the care, preparation, or disposition of dead human bodies for a fee or other compensation. This includes:

(A) meeting with the public to select a method of disposition or funeral observance and merchandise;

(B) entering into contracts, either at-need or pre-need, for the provision of dispositions, funeral observances, and merchandise;

(D) securing or filing certificates, permits, forms, or other documents;

(E) supervising or arranging a funeral, memorial, viewing, or graveside observance; and

(F) holding oneself out to be a licensed funeral director by using the words or terms “funeral director,” “mortician,” “undertaker,” or any other words, terms, title, or picture that, when considered in context, would imply that such person is engaged in the practice of funeral service or is a licensed funeral director.

(7) “Removal” means the removal of dead human bodies from places of death, hospitals, institutions, or other locations, for a fee or other compensation.

(8) “Disposition facility” means a business registered with the Office conducted at a specific street address or location devoted to the disposition of human remains by means of cremation, alkaline hydrolysis, or natural organic reduction.

(9) “Natural organic reduction” has the same meaning as in 18 V.S.A. § 5302.

(b) Nothing in this section shall prohibit:

(1) cemetery owners, associations, or their employees from engaging in any functions normally performed by them in the course of their everyday affairs as allowed by 18 V.S.A. chapter 121;

(2) the University of Vermont from engaging in functions normally performed by it in the course of receiving anatomical gifts for research or education, provided that embalming and removal of dead human remains are performed by persons licensed or registered under this chapter;

(3) immediate family members of the deceased from providing for the care, preparation, or disposition of dead human bodies; or

(4) religious or spiritual persons directly authorized by the immediate family members or authorized person of the deceased from providing for the care or preparation of dead human bodies without compensation.

(c) Notwithstanding this section, owners of a disposition facility and their personnel may engage in the listed activities in subdivision (a)(6) of this section only to the extent such functions are necessary to the performance of their duties. Specifically, personnel at a disposition facility may:

(1) provide for the disposition of dead human bodies by cremation, alkaline hydrolysis, or natural organic reduction and meet with the public to arrange and provide for the disposition;

(2) enter into contracts, without taking prepaid funds, for the provision of dispositions by cremation, alkaline hydrolysis, or natural organic reduction;

(3) arrange, direct, or perform the removal or transportation of a dead human body, provided that removals are performed by licensed removal personnel; and

(4) secure and file certificates, permits, forms, or other documents.

(Amended 1959, No. 224, § 3; 1995, No. 138 (Adj. Sess.), § 1a; 1999, No. 52, § 12; 2001, No. 151 (Adj. Sess.), § 10, eff. June 27, 2002; 2013, No. 138 (Adj. Sess.), § 5; 2017, No. 144 (Adj. Sess.), § 15; 2021, No. 169 (Adj. Sess.), § 19, eff. January 1, 2023.)

§ 1212 Advisor appointees; Director duties; rules

(a)(1) The Secretary of State shall appoint four persons for five-year staggered terms to serve at the Secretary’s pleasure as advisors in matters relating to funeral service. Three of the initial appointments shall be for four-, three-, and two-year terms. Appointees shall include three licensed funeral directors, one of whom is a licensed embalmer and one of whom has training or experience in the operation of a disposition facility. One appointee shall be a public member.

(2) The Director shall seek the advice of the advisor appointees in carrying out the provisions of this chapter.

(b) The Director shall:

(1) adopt rules establishing requirements for facilities used for embalming and preparation of dead human bodies, including the use of universal precautions. Rules adopted under this subdivision shall be submitted to the Commissioner of Health before the proposed rule is filed with the Secretary of State under 3 V.S.A. chapter 25;

(2) adopt rules governing professional standards, standards for disclosure of prices, and a description of the goods and services that will be provided for those prices not inconsistent with Federal Trade Commission regulations regarding funeral industry practices and unfair or deceptive business practices;

(3) provide general information to applicants for licensure;

(4) explain appeal procedures to licensees and applicants and complaint procedures to the public;

(5) issue licenses to qualified applicants under this chapter; and

(6) adopt rules regarding:

(A) minimum standards for disposition facilities, including standards for permits and documentation, body handling, containers, infectious diseases, pacemakers, body storage, sanitation, equipment and maintenance, dealing with the public, and other measures necessary to protect the public; and

(B) the transaction of business as the Director deems necessary.

(7) [Repealed.]

(8) [Repealed.]

(Amended 1969, No. 239 (Adj. Sess.), § 9; 1973, No. 236 (Adj. Sess.), § 4; 1991, No. 219 (Adj. Sess.), § 3, eff. May 28, 1992; 1995, No. 138 (Adj. Sess.), § 1; 1997, No. 40, § 22; 2001, No. 151 (Adj. Sess.), § 11, eff. June 27, 2002; 2005, No. 27, § 38; 2009, No. 35, § 16; 2017, No. 144 (Adj. Sess.), § 15; 2021, No. 169 (Adj. Sess.), § 20, eff. January 1, 2023.)

§ 1212a Repealed

[Repealed]

2005, No. 27, § 117(1).

§ 1213 Inspection of premises

(a) The Director or his or her designee may, at any reasonable time, inspect funeral establishments and disposition facilities.

(b) Each funeral establishment and disposition facility shall be inspected at least once every two years. Copies of the inspector’s report of inspections of establishments and facilities shall be provided to the Director.

(Amended 1969, No. 239 (Adj. Sess.), § 10; 1973, No. 236 (Adj. Sess.), § 4; 1995, No. 138 (Adj. Sess.), § 2; 2001, No. 151 (Adj. Sess.), § 12, eff. June 27, 2002; 2005, No. 27, § 39; 2017, No. 144 (Adj. Sess.), § 15; 2021, No. 169 (Adj. Sess.), § 21, eff. January 1, 2023.)

§ 1214 Repealed

[Repealed]

2001, No. 151 (Adj. Sess.), § 13.

§ 1215 Penalties; jurisdiction of offenses

(a) A person who engages in the practice of funeral services without a license shall be subject to the penalties provided in 3 V.S.A. § 127.

(b) A person shall not embalm or introduce any fluid into a dead human body unless the person is a licensed embalmer or is an apprentice and performs under the direction of an embalmer in his or her presence. A person who is not duly licensed as provided in this chapter shall not practice or hold himself or herself out to the public as a practicing embalmer; a person who does so shall be subject to the penalties provided in 3 V.S.A. § 127.

(Amended 1965, No. 194, § 10, operative Feb. 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1995, No. 138 (Adj. Sess.), § 7; 2007, No. 29, § 24; 2009, No. 35, § 17; 2017, No. 144 (Adj. Sess.), § 15.)

§ 1216 Construction

(a) Nothing herein shall be construed as meaning that a licensed funeral establishment shall not have the right to prepare at the residence or place of death or some place approved by the local board of health a dead human body for burial.

(b) Nothing in this chapter shall be construed to prevent a funeral director licensed in another state from performing the duties of a funeral director in this State provided a licensed funeral director in this State is granted similar powers in such other state.

Subchapter 2 Licenses

§ 1251 License requirements

(a) A person, partnership, corporation, association, or other organization shall not open or maintain a funeral establishment unless the establishment is licensed by the Office to conduct the business and unless the owner, a co- owner, or manager is a licensed funeral director.

(b) A person, partnership, corporation, association, or other organization shall not open or maintain a disposition facility unless the establishment is licensed by the Office.

(c) A person shall not hold himself or herself out as performing the duties of a funeral director unless licensed by the Office.

(d) Except as otherwise permitted by law, a person employed by a funeral establishment or disposition facility shall not perform a removal unless registered with the Office.

(Amended 1959, No. 224, § 4; 1969, No. 239 (Adj. Sess.), § 11; 1973, No. 236 (Adj. Sess.), § 4; 2001, No. 151 (Adj. Sess.), § 14, eff. June 27, 2002; 2005, No. 27, § 40; 2017, No. 144 (Adj. Sess.), § 15; 2021, No. 169 (Adj. Sess.), § 22, eff. January 1, 2023.)

§ 1252 Application; qualifications

(a) Funeral director.

(1) Any person holding a high school certificate or its equivalent shall be entitled to take an examination as a funeral director provided that he or she has:

(A) graduated from a school of funeral service accredited or approved by the American Board of Funeral Service Education in a course of instruction of not less than two academic years, or graduated from a school of funeral service accredited or approved by the American Board of Funeral Service Education in a course of instruction of not less than one academic year or its equivalent as determined by the Director, with 30 additional credit hours in subjects approved by the Director and obtained in a college or university approved by the Director;

(B) completed a traineeship of 12 months of full-time employment or its equivalent under the direct supervision of a person duly licensed for the practice of funeral service within a licensed funeral establishment not connected with a school. The duration of the traineeship and the work performed shall be verified by affidavit as required by the Director; and

(2) The Director may waive the educational and traineeship requirements for examination as a funeral director, provided the applicant possesses a valid license from another state with licensure requirements substantially similar to those required by this chapter.

(3) Notwithstanding the provisions of subdivision (1)(A) of this subsection, the Director may by rule prescribe an alternative pathway to licensure for individuals who have not attended a school of funeral service but who have demonstrated through an approved program of apprenticeship and study the skills deemed necessary by the Director to ensure competence as a funeral director.

(b) Embalmer.

(1) Any person holding a high school certificate or its equivalent shall be entitled to take an examination in embalming provided that he or she has:

(B) served a traineeship of 12 months of full-time employment or its equivalent under the direct supervision of a person duly licensed for the practice of funeral service, within a licensed funeral establishment not connected with a school. The duration of the traineeship and the work performed shall be verified by affidavit as required by the Director; and

(2) The Director may waive the educational and traineeship requirements for examination as an embalmer, provided the applicant possesses a valid license from another state with licensure requirements substantially similar to those required by this chapter.

(1) A person, partnership, association, or other organization desiring to operate a funeral establishment, shall apply, in writing, to the Director for a license. The applicant, if a corporation, partnership, association, or other organization, must have a manager or co-owner who is a licensed funeral director.

(2) The application for a license shall be sworn to by the individual, a partner, or a duly authorized officer of a corporation, and shall be on the form prescribed and furnished by the Director, and the applicant shall furnish such information as required by the Director by rule. The application shall be accompanied by a licensing fee.

(d) Disposition facility.

(1) A person, partnership, corporation, association, or other organization desiring to operate a disposition facility shall apply, in writing, to the Director for a license. The applicant, if a partnership, corporation, association, or other organization, must have a designated manager or co-owner who is responsible for the operation of the disposition facility and who is registered with the Office under subsection (e) of this section.

(2) The application for a license shall be sworn to by the individual, or a partner or a duly authorized officer of a corporation, shall be on the form prescribed and furnished by the Director, and the applicant shall furnish information, as required by rule. The application shall be accompanied by a licensing fee. However, the applicant shall not be required to pay the fee under this subsection if the applicant pays the fee under subsection (b) of this section.

(e) Disposition facility personnel.

(1) Any person who desires to engage in direct handling, processing, identification, cremation, alkaline hydrolysis, or natural organic reduction of dead human remains within a licensed disposition facility shall register with the Office and pay the fee established in subsection 1256(d) of this chapter. The applicant shall have attained the age of majority and be directly employed by a licensed disposition facility.

(2) The Director may prescribe, by rule, the forms for applicants, which may include proof of completion of up to three hours of education and training in programs approved by the Director.

(f) Removal personnel.

(1) Any person who desires to engage in removals shall register with the Office and pay the fee established in subsection 1256(d) of this chapter. The applicant shall have attained the age of majority and be directly employed by a licensed funeral establishment or disposition facility or the University of Vermont for removals related to the University’s anatomical gift program.

(2) The Director may prescribe, by rule, the forms for applicants, which may include proof of completion of up to three hours of education and training in infectious diseases in programs approved by the Director.

(3) Registrants under this subsection are authorized to perform removals only, as defined by this chapter. Unregistered personnel may accompany registered personnel to assist in removals, provided they have been instructed in handling and precautionary procedures prior to the call.

(g) Limited services establishment.

(1) The Director may adopt rules for the issuance of limited service establishment licenses in accordance with this chapter. Limited service establishment licensees are authorized to perform only disposition services without arranging, directing, or performing embalming, public viewings, gatherings, memorials, funerals, or related ceremonies. Disposition services under this subsection include direct cremation, direct alkaline hydrolysis, direct natural organic reduction, immediate burial, or direct natural burial.

(2) Limited services shall be overseen by a funeral director licensed under this chapter who is employed by the limited service establishment.

(3) Each limited service arrangement shall include a mandatory written disclosure providing notice to the purchaser that limited services do not include embalming, public viewings, gatherings, memorials, funerals, or related ceremonies.

(4) A funeral director associated with a funeral establishment licensed under subsection (c) of this section may provide limited services, provided the mandatory disclosure described under subdivision (3) of this subsection is provided to the purchaser.

(Amended 1959, No. 224, § 5; 1969, No. 239 (Adj. Sess.), § 12; 1971, No. 184 (Adj. Sess.), § 18, eff. March 29, 1972; 1973, No. 236 (Adj. Sess.), § 4; 1989, No. 250 (Adj. Sess.), § 35; 2001, No. 151 (Adj. Sess.), § 15, eff. June 27, 2002; 2005, No. 27, § 41; 2009, No. 35, § 18; 2013, No. 138 (Adj. Sess.), § 6; 2017, No. 48, § 11; 2017, No. 144 (Adj. Sess.), § 15; 2019, No. 178 (Adj. Sess.), § 6, eff. Oct. 1, 2020; 2021, No. 169 (Adj. Sess.), § 23, eff. January 1, 2023.)

§ 1253 Examinations

An applicant for a funeral director’s or embalmer’s license shall be examined as the Director may require by rule.

(Amended 1959, No. 224, § 6; 1969, No. 239 (Adj. Sess.), § 13; 2009, No. 35, § 19; 2017, No. 144 (Adj. Sess.), § 15.)

§ 1254 Issuance or denial of license

If, upon review, it is found that the applicant possesses sufficient skill and knowledge of the business and has met the application and qualification requirements set forth in this chapter, the Director shall issue to him or her a license to engage in the business of funeral director, embalmer, funeral establishment, disposition facility, or removal personnel.

(Amended 1959, No. 224, § 7; 1989, No. 250 (Adj. Sess.), § 36; 2001, No. 151 (Adj. Sess.), § 16, eff. June 27, 2002; 2005, No. 27, § 42; 2007, No. 76, § 5; 2009, No. 35, § 20; 2017, No. 144 (Adj. Sess.), § 15; 2021, No. 169 (Adj. Sess.), § 24, eff. January 1, 2023.)

§ 1255 Repealed

[Repealed]

2017, No. 144 (Adj. Sess.), § 15.

§ 1256 Renewal of registration or license

(a) Biennially, every licensee shall renew his or her or its registration or license by paying the required fee.

(b) Upon request of the Department of Health or a person authorized to issue burial or removal permits, a licensee shall show proof of current licensure.

(d) Applicants and persons regulated under this chapter shall pay the following fees:

| | (1) | Application for license | $ 70.00 | | --- | --- | --- | --- | | | (2) | Biennial renewal of license | | | | | (A) Funeral director | $ 350.00 | | | | (B) Embalmer | $ 350.00 | | | | (C) Funeral establishment | $ 800.00 | | | | (D) Disposition facility | $ 800.00 | | | | (E) Disposition facility personnel | $ 125.00 | | | | (F) Removal personnel | $ 125.00 | | | | (G) Limited services establishment license | $ 800.00 |

(e)(1) In addition to the provisions of subsection (a) of this section, an applicant for renewal as a funeral director or embalmer shall have satisfactorily completed continuing education as required by the Director.

(2) For purposes of this subsection, the Director shall require, by rule, not less than six nor more than ten hours of approved continuing education as a condition of renewal and may require up to three hours of continuing education for removal personnel in the subject area of universal precautions and infectious diseases.

(Amended 1959, No. 224, §§ 8, 9; 1969, No. 239 (Adj. Sess.), § 14; 1973, No. 236 (Adj. Sess.), § 4; 1989, No. 250 (Adj. Sess.) § 37; 1991, No. 167 (Adj. Sess.), § 29; 1991, No. 219 (Adj. Sess.), § 4, eff. May 28, 1992; 1995, No. 138 (Adj. Sess.), § 10; 1999, No. 49, § 176; 2001, No. 143 (Adj. Sess.), § 24, eff. June 21, 2002; 2001, No. 151 (Adj. Sess.), § 17, eff. June 27, 2002; 2005, No. 27, § 43; 2005, No. 148 (Adj. Sess.), § 12; 2007, No. 76, § 4; 2009, No. 35, § 21; 2011, No. 33, § 3; 2013, No. 191 (Adj. Sess.), § 14; 2017, No. 144 (Adj. Sess.), § 15; 2017, No. 144 (Adj. Sess.), § 16, eff. June 1, 2023; 2021, No. 169 (Adj. Sess.), § 25, eff. January 1, 2023; 2023, No. 53, § 125, eff. June 8, 2023.)

§ 1257 Unprofessional conduct

(a) A licensee shall not engage in unprofessional conduct.

(b) Unprofessional conduct means the following conduct and conduct set forth in 3 V.S.A. § 129a:

(1) Using dishonest or misleading advertising.

(2) Failure to make available, upon request of a person who had received services, copies of documents in the possession or under the control of the practitioner.

(3) Failure to comply with rules adopted by the Director, the Office, or by the Federal Trade Commission relating to funeral goods and services.

(4) For funeral directors, failure to make available at the licensee’s place of business, by color picture or display, the three least expensive caskets, as available. For the purposes of this section and related administrative rules, the three least expensive caskets shall include one cloth, one metal, and one wood casket.

(d) [Repealed.]

(e) [Repealed.]

(Amended 1969, No. 239 (Adj. Sess.), § 15; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 236 (Adj. Sess.), § 4; 1995, No. 138 (Adj. Sess.), § 3; 1997, No. 40, § 22c; 1997, No. 145 (Adj. Sess.), § 38; 1999, No. 133 (Adj. Sess.), § 14; 2001, No. 151 (Adj. Sess.), § 18, eff. June 27, 2002; 2005, No. 27, § 44; 2017, No. 144 (Adj. Sess.), § 15.)

§ 1258 Repealed

[Repealed]

1995, No. 138, § 11.

Subchapter 3 Prepaid Funeral Arrangements

§ 1271 Prepaid arrangements

A funeral establishment that sells services or merchandise that is not to be delivered or provided within 30 days of sale has entered into a prepaid funeral arrangement and shall comply with the requirements of this subchapter.

(Added 1991, No. 219 (Adj. Sess.), § 5, eff. Jan. 1, 1993; amended 2013, No. 138 (Adj. Sess.), § 8.)

§ 1272 Rules; prepaid funeral funds

The Director shall adopt rules to carry out the provisions of this subchapter to ensure the proper handling of all funds paid pursuant to a prepaid funeral agreement and to protect consumers in the event of default. The rules shall include provisions relating to the following:

(1) The timely establishment of escrow accounts and verification of the establishment of an account. An escrow account shall be maintained by a federally insured depository institution, but shall not be required to be maintained by a trust department, an insurance company licensed to do business in Vermont that is a member of the Vermont’s Property and Casualty Insurance Guaranty Association established by 8 V.S.A. chapter 101, subchapter 9, or a trust company chartered by the State of Vermont, if that insurance or trust company is a federally insured depository.

(2) [Repealed.]

(3) Permissible investments to include demand and time deposits, certificates of deposit, bonds of the United States or its agencies, bonds of the State of Vermont, bonds of a Vermont municipality, and bonds in which savings banks in this State may, by law, invest.

(4) The crediting of income earned by an escrow account, use of the taxpayer identification number, and the deduction of reasonable administrative costs, taxes, and bank fees. The beneficiary shall be considered to be the owner of irrevocable escrow accounts.

(5) Information to be provided the escrow agent by the funeral director and information regarding the escrow account or the prepaid funeral that shall be made available to the buyer on request and annually in a format as determined by the Director.

(6) Records to be kept, manner of disclosure, and clauses to be included in contracts, including pre-need trust forms, and agreements. Records shall include a copy of the prepaid arrangement check, which shall be kept in the prepaid account file maintained by the funeral director.

(7) Preparation of appropriate tax and other reports.

(8) Other factors determined by the Director to be reasonably necessary to ensure the security of the funds paid into an escrow account as part of a prepaid funeral arrangement.

(9) Establishment of a funeral services trust account.

(A) For purposes of funding the Funeral Services Trust Account, the Office shall assess each funeral establishment or disposition facility a per funeral, burial, or disposition fee of $6.00.

(B) The Account shall be administered by the Secretary of State and shall be used for the sole purpose of protecting prepaid funeral contract holders in the event a funeral establishment or disposition facility defaults on its obligations under the contract.

(C) The Account shall consist of all fees collected under this subdivision (9) and any assessments authorized by the General Assembly. The principal and interest remaining in the Account at the close of any fiscal year shall not revert but shall remain in the Account for use in succeeding fiscal years.

(D) Notwithstanding the provisions of this subdivision (9) to the contrary, if the fund balance at the beginning of a fiscal year is at least $200,000.00, no fees shall be imposed during that fiscal year.

(E) Payments on consumer claims from the fund shall be made on warrants by the Commissioner of Finance and Management, at the direction of the Director.

(F) When an investigation reveals financial discrepancies within a licensed establishment or facility, the Director may order an audit to determine the existence of possible claims on the Funeral Services Trust Account. In cases where both a funeral establishment or disposition facility are involved in a disposition, the party receiving the burial permit shall be responsible for the disposition fee.

(Added 1991, No. 219 (Adj. Sess.), § 5, eff. Jan. 1, 1993; amended 1995, No. 138 (Adj. Sess.), § 8; 1997, No. 50, § 2, eff. June 26, 1997; 2001, No. 151 (Adj. Sess.), § 19, eff. June 27, 2002; 2005, No. 27, § 44a; 2009, No. 35, § 22; 2017, No. 144 (Adj. Sess.), § 15; 2021, No. 169 (Adj. Sess.), § 26, eff. January 1, 2023; 2025, No. 58, § 10, eff. July 1, 2025.)

§ 1272a Activities connected with funeral

A funeral establishment may offer food and drink in connection with a funeral, provided the establishment complies with applicable requirements of the Department of Health.

(Added 1997, No. 40, § 22d.)

§ 1273 Written agreements

(a) Each prepaid funeral arrangement shall be expressed in a written contract. The Director shall adopt rules for standard provisions to be included in all pre-need trust forms and may adopt a standard form that every funeral director accepting prepaid funeral arrangements shall use. Those provisions shall include:

(1) Disclosure of whether the contract is revocable or irrevocable.

(2) A declaration of the person who will most likely be responsible for the funeral and who is to be notified of the prepaid funeral.

(3) Any other provision determined by the Director to be reasonably necessary to ensure full disclosure to the buyer of all prepaid funeral arrangements as required under this chapter.

(b) The contract shall itemize the funeral services and merchandise to be provided. At the time of performance, if the itemized merchandise is no longer reasonably available, the funeral director may substitute merchandise similar in style and at least equal in quality of material and workmanship.

(Added 1991, No. 219 (Adj. Sess.), § 5, eff. Jan. 1, 1993; amended 1995, No. 138 (Adj. Sess.), § 9; 2009, No. 35, § 23; 2017, No. 144 (Adj. Sess.), § 15.)

§ 1274 Transfer of contracts and assets

(a) A buyer of prepaid funeral arrangements may transfer a revocable or irrevocable contract and assets to another funeral director under similar arrangements, in Vermont or outside. The funeral director who originated the contract may charge the buyer a transfer fee of no more than five percent of the principal amount of the assets.

(b) A funeral director shall transfer a contract and assets to another funeral director if any of the following events occur:

(1) The funeral director’s business is sold.

(2) The funeral director becomes insolvent or bankrupt.

(3) The funeral director ceases to do business. Before transferring a contract and assets under this subsection, the funeral director shall notify the buyer of the director’s intent to make such a transfer, and the buyer may choose the funeral director to whom the contract and assets will be transferred.

(c) If a buyer of a prepaid funeral arrangement defaults in making payments required under the terms of the contract, or if the buyer or the person responsible for making funeral arrangements for the deceased beneficiary fails to have the funeral director provide services, the funeral director may retain up to five percent of the amount in the escrow account at the time of default. The escrow agent shall pay the amount retained to the funeral director and the balance to the buyer when the funeral director gives written notice of default.

(d) The assets held in an escrow account, including any earnings on the assets, shall not be available to the funeral director and shall be exempt from levy or execution for the debts of the funeral director, except as otherwise provided in this subchapter.

(Added 1991, No. 219 (Adj. Sess.), § 5, eff. Jan. 1, 1993.)

§ 1275 Repealed

[Repealed]

(Added 1991, No. 219 (Adj. Sess.), § 5, eff. Jan. 1, 1993; repealed by 2025, No. 58, § 11(a), eff. July 1, 2025.)

§ 1276 Embalming fluids and compounds; sale or use; prohibition

The sale or use for embalming purposes of any fluid containing arsenic, zinc, mercury, copper, lead, silver, antimony, chloral, or cyanogen, or of any compound containing any of these, or any poisonous alkaloid, shall be prohibited, and all brands of embalming compounds used within the State shall be tested and approved under direction of the Department of Health.

(Added 2009, No. 35, § 24; amended 2023, No. 53, § 126, eff. June 8, 2023.)

§ 1277 Suspicious cases

A person shall not embalm or introduce any fluid into a body of a person who has died under suspicious circumstances or when a criminal cause of death is suspected until after a legal investigation has determined the facts. An embalmer shall forthwith report any such case to the office of the Chief Medical Examiner and obtain permission to embalm the body.

(Added 2009, No. 35, § 25.)

Chapter 23 Medicine

Subchapter 1 General Provisions

§ 1311 Definitions

As used in this chapter:

(1) “Practice of medicine” means:

(A) using the designation “Doctor,” “Doctor of Medicine,” “Physician,” “Dr.,” “M.D.,” or any combination thereof in the conduct of any occupation or profession pertaining to the prevention, diagnosis, or treatment of human disease or condition unless the designation additionally contains the description of another branch of the healing arts for which one holds a valid license in Vermont;

(B) advertising, holding out to the public, or representing in any manner that one is authorized to practice medicine in the jurisdiction;

(C) offering or undertaking to prescribe, order, give, or administer any drug or medicine for the use of any other person;

(D) offering or undertaking to prevent, diagnose, correct, or treat in any manner or by any means, methods, or devices any disease, illness, pain, wound, fracture, infirmity, defect, or abnormal physical or mental condition of any person, including the management of all aspects of pregnancy, labor and delivery, and postpartum care;

(E) offering or undertaking to perform any surgical operation upon any person;

(F) rendering a written or otherwise documented medical opinion concerning the diagnosis or treatment of a patient or the actual rendering of treatment to a patient within the State by a physician located outside the State as a result of the transmission of individual patient data by electronic or other means from within the State to the physician or his or her agent; or

(G) rendering a determination of medical necessity or a decision affecting the diagnosis or treatment of a patient.

(2) “Board” means the Board of Medical Practice established under section 1351 of this title.

(3) “License” means license to practice medicine and surgery in the State as defined in subchapter 3 of this chapter. “Licensee” includes any individual licensed or certified by the Board.

(4) “Medical director” means, for purposes of this chapter, a physician who is Board-certified or Board-eligible in his or her field of specialty, as determined by the American Board of Medical Specialties (ABMS), and who is charged by a health maintenance organization with responsibility for overseeing all clinical activities of the plan in this State, or his or her designee.

(5) “Health maintenance organization,” as used in this section, has the same meaning as in 18 V.S.A. § 9402(9).

(6) “Members” means members of the Board.

(7) “Secretary” means the secretary of the Board.

(Amended 1975, No. 249 (Adj. Sess.), § 1; 1999, No. 133 (Adj. Sess.), § 49; 2001, No. 129 (Adj. Sess.), § 20, eff. June 13, 2002; 2003, No. 34, § 4, eff. May 23, 2003; 2009, No. 25, § 10; 2011, No. 61, § 2, eff. June 2, 2011; 2015, No. 97 (Adj. Sess.), § 60; 2019, No. 126 (Adj. Sess.), § 1.)

§ 1312 Faith cure; mind healing; laying on of hands

The provisions of this chapter shall apply to persons professing and attempting to cure disease by means of “faith cure,” “mind healing,” or “laying on of hands,” but shall not apply to persons who merely practice the religious tenets of their church without pretending a knowledge of medicine or surgery.

§ 1313 Exemptions

(a) The provisions of this chapter shall not apply to the following:

(1) A health care professional licensed or certified by the Office of Professional Regulation when that person is practicing within the scope of his or her profession.

(2) A member of the U.S. Armed Forces or National Guard carrying out official military duties, including a National Guard member in state active duty status, or to any person giving aid, assistance, or relief in emergency or accident cases, pending the arrival of a regularly licensed physician.

(3) A nonresident physician coming into this State to consult or using telecommunications to consult with a duly licensed practitioner herein.

(4) A duly licensed physician in another state, in Canada, or in another nation as approved by the Board, who is visiting a medical school or a teaching hospital in this State to receive or conduct medical instruction for a period not to exceed three months, provided the practice is limited to that instruction and is under the supervision of a physician licensed by the Board.

(5) A physician who is duly licensed and in good standing in another state, territory, or jurisdiction of the United States or in Canada if the physician is employed as or formally designated as the team physician by an athletic team visiting Vermont for a specific sporting event and the physician limits the practice of medicine in this State to medical treatment of the members, coaches, and staff of the sports team employing or designating the physician.

(6) A student who is enrolled in an accredited educational program that leads to the issuance of a degree that would satisfy the educational requirement for a profession licensed or certified by the Board, who is engaged in an organized clinical training program, and who engages in acts constituting the practice of medicine while under the supervision of a Vermont-licensed or Vermont-certified health care professional who is qualified to supervise any acts by the student that constitute the practice of medicine. This exemption does not apply to postgraduate trainees who are required to obtain a training license.

(b) The provisions of sections 1311 and 1312 of this title shall not apply to a person, firm, or corporation that manufactures or sells patent, compound, or proprietary medicines that are compounded according to the prescription of a physician who has been duly authorized to practice medicine, or to the domestic administration of family remedies.

(Amended 1971, No. 221 (Adj. Sess.), § 2; 1995, No. 171 (Adj. Sess.), § 2; 2003, No. 34, § 14, eff. May 23, 2003; 2011, No. 61, § 2, eff. June 2, 2011; 2015, No. 94 (Adj. Sess.), § 2, eff. May 10, 2016; 2019, No. 126 (Adj. Sess.), § 1.)

§ 1314 Illegal practice

(a) A person who, not being licensed, advertises or holds himself or herself out to the public as described in section 1311 of this title, or who, not being licensed, practices medicine as defined in section 1311 of this title, or who practices medicine under a fictitious or assumed name, or who impersonates another practitioner or who is not a licensed health care professional as defined in 18 V.S.A. § 5202 and signs a certificate of death for the purpose of burial or removal, shall be imprisoned not more than two years or fined not more than $10,000.00, or both.

(b) An action shall not be maintained by such person for the recovery of compensation for such services.

(Amended 2011, No. 61, § 2, eff. June 2, 2011.)

§ 1317 Unprofessional conduct to be reported to Board

(a) Required reporters. Any hospital, clinic, community mental health center, or other health care institution in which a licensee performs professional services shall report to the Board, along with supporting information and evidence, any reportable disciplinary action taken by it or its staff.

(b) Definition of reportable disciplinary action. A reportable disciplinary action is an action based on one or more of the following:

(1) Acts or omissions of a licensee that relate to the licensee’s fitness or competence to practice medicine under the license held.

(2) Acts or omissions of the licensee that constitute a violation of a law or rule that relates in any way to the practice of medicine.

(3) Acts or omissions of the licensee that occur in the course of practice and result in one or more of the following:

(A) Resignation, leave of absence, termination, or nonrenewal of an employment relationship or contract. This includes a licensee’s own initiation of such action following notification to the licensee by the reporter that the reporter or an affiliated entity is conducting an investigation or inquiry regarding an event that, assuming the accuracy of the information or allegation, is likely to result in reportable disciplinary action. The reporter or affiliated entity shall complete the investigation or inquiry even if the licensee initiates a resignation, leave of absence, termination, or nonrenewal, and shall make a report to the Board if the investigation results in a finding of a reportable disciplinary action. Resignations and leaves of absence that are entirely voluntary by the licensee, and terminations and nonrenewals of employment or contract by a required reporter that are not related to acts or omissions of the licensee, are not reportable disciplinary actions.

(B) Revocation, suspension, restriction, relinquishment, or nonrenewal of a right or privilege. This includes a licensee’s own initiation of such action following notification to the licensee by the reporter that the reporter or an affiliated entity is conducting an investigation or inquiry regarding an event that, assuming the accuracy of the information or allegation, is likely to result in reportable disciplinary action. The reporter or affiliated entity shall complete the investigation or inquiry even if the licensee initiates a resignation, leave of absence, termination, or nonrenewal, and shall make a report to the Board if the investigation results in a finding of a reportable disciplinary action. Relinquishments of privileges that are entirely voluntary by the licensee, and revocations, nonrenewals, or other limitations on privileges by a required reporter that are not related to acts or omissions of the licensee, are not reportable disciplinary actions.

(C) Written discipline that constitutes a censure, reprimand, or admonition, if it is the second or subsequent censure, reprimand, or admonition within a 12-month period for the same or related acts or omissions that previously resulted in written censure, reprimand, or admonition. The same or related acts or omissions includes similar behavior or behavior involving the same parties, or both. Oral censure, oral reprimand, and oral admonition are not considered reportable disciplinary actions, and notation of an oral censure, oral reprimand, or oral admonition in a personnel or supervisor’s file does not transform the action from oral to written.

(D) Fine or any other form of monetary penalty imposed as a form of discipline.

(E) Required education, remedial counseling, or monitoring that is imposed as a result of a completed, contested disciplinary process. This includes recommendation or referral for services from the Vermont Practitioner Recovery Network established pursuant to section 1401a of this chapter, or from an employer wellness program or similar program, as a result of a completed, contested disciplinary process.

(c) Timing of reports. A required report of reportable disciplinary action under subsection (b) of this section shall be made within 30 days following the date on which the disciplinary action was taken or upon completion of an investigation or inquiry pursuant to subdivision (b)(3)(A) or (B) of this section.

(d) Mental health services. If reportable disciplinary action is reported to the Board based on a licensee’s provision of mental health services, the Commissioner of Health shall forward the report to the Commissioners of Mental Health and of Disabilities, Aging, and Independent Living. Except as provided in section 1368 of this title, information provided to the Department of Health, the Department of Mental Health, or the Department of Disabilities, Aging, and Independent Living under this section shall be confidential unless the Department of Health decides to treat the report as a complaint; in which case, the provisions of section 1318 of this title shall apply.

(e) Limitation on liability. A person who acts in good faith in accordance with the provisions of this section shall not be liable for damages in any civil action based on the fact that a report was made.

(f) Violations. A reporter who violates this section shall be subject to a civil penalty of not more than $5,000.00, provided that a reporter who employs or grants privileges to five or more Board licensees and who violates this section shall be subject to a civil penalty of not more than $10,000.00.

(Added 2001, No. 132 (Adj. Sess.), § 3, eff. June 13, 2002; amended 2007, No. 15, § 20; 2007, No. 172 (Adj. Sess.), § 7a; 2011, No. 61, § 2, eff. June 2, 2011; 2015, No. 23, § 13; 2019, No. 126 (Adj. Sess.), § 1.)

§ 1318 Accessibility and confidentiality of disciplinary matters

(a) It is the purpose of this section both to protect the reputation of licensees from public disclosure of unwarranted complaints against them and to fulfill the public’s right to know of any action taken against a licensee when that action is based on a determination of unprofessional conduct.

(b) All meetings and hearings of the Board shall be open to the public, except in accord with 1 V.S.A. § 313.

(c)(1) The Commissioner of Health shall prepare and maintain a register of all complaints, which shall be a public record, and which shall show:

(A) with respect to all complaints, the following information:

(i) the date and the nature of the complaint, but not including the identity of the licensee; and

(ii) a summary of the completed investigation; and

(B) only with respect to complaints resulting in filing of disciplinary charges or stipulations or the taking of disciplinary action and except as provided in subdivision (2) of this subsection (c), the following additional information, except for medical and other protected health information contained therein pertaining to any identifiable person that is otherwise confidential by State or federal law:

(i) the name and business addresses of the licensee and complainant;

(ii) formal charges, provided they have been served or a reasonable effort to serve them has been made;

(iii) the findings, conclusions, and order of the Board;

(iv) the transcript of the hearing, if one has been made, and exhibits admitted at the hearing;

(v) stipulations presented to the Board at a public meeting;

(vi) final disposition of the matter by the courts; and

(vii) a summary of the final disposition of the matter indicating any charges that were dismissed and any charges resulting in a finding of unprofessional conduct.

(2) The Commissioner shall remove from the register any of the information described in subdivision (1)(B) of this subsection if the final disposition of the matter dismisses all charges filed against a licensee in the same action. The Commissioner shall ensure that the period for appealing an order has expired prior to removing any such information from the register, and shall remove that information within five business days of the expiration of the appeal period.

(d) The Commissioner shall not make public any information regarding disciplinary complaints, proceedings, or records, except the information required to be released under this section. The Commissioner shall, upon request, provide information that was maintained on the register under subdivision (c)(1) of this section but that was later removed from the register under the provisions of subdivision (c)(2) of this section.

(e) A licensee or applicant shall have the right to inspect and copy all information in the possession of the Department of Health pertaining to the licensee or applicant, except investigatory files that have not resulted in charges of unprofessional conduct and attorney work product.

(f) As used in this section, “disciplinary action” means action that suspends, revokes, limits, or conditions licensure or certification in any way, and includes reprimands and administrative penalties.

(g) Nothing in this section shall prohibit the disclosure of information by the Commissioner regarding disciplinary complaints to Vermont or other state or federal law enforcement or regulatory agencies in the execution of its duties authorized by statute or regulation, including the Department of Disabilities, Aging, and Independent Living or the Department of Financial Regulation in the course of its investigations about an identified licensee, provided the agency or department agrees to maintain the confidentiality and privileged status of the information as provided in subsection (d) of this section.

(h) Nothing in this section shall prohibit the Board, at its discretion, from sharing investigative and adjudicatory files of an identified licensee with another state, territorial, or international medical board at any time during the investigational or adjudicative process.

(i) Neither the Commissioner nor any person who received documents, material, or information while acting under the authority of the Commissioner shall be permitted or required to testify in any private civil action concerning any confidential documents, material, or information.

(Added 2001, No. 132 (Adj. Sess.), § 4, eff. June 13, 2002; amended 2003, No. 34, § 5, eff. May 23, 2003; 2011, No. 61, § 2, eff. June 2, 2011; 2011, No. 78 (Adj. Sess.), § 2, eff. April 2, 2012; 2013, No. 130 (Adj. Sess.), § 1.)

Subchapter 2 Board of Medical Practice

§ 1351 Board of Medical Practice

(a) The Board of Medical Practice is created. The Board shall be composed of 17 members, nine of whom shall be licensed physicians, one of whom shall be a physician assistant licensed pursuant to chapter 31 of this title, one of whom shall be a podiatrist licensed pursuant to chapter 7 of this title, and six of whom shall be persons not associated with the medical field. The Governor, with the advice and consent of the Senate, shall appoint the members of the Board. Appointments shall be for a term of five years, except that a vacancy occurring during a term shall be filled by an appointment by the Governor for the unexpired term. No member shall be appointed to more than two consecutive full terms, but a member appointed for less than a full term, originally or to fill a vacancy, may serve two full terms in addition to such part of a full term, and a former member shall again be eligible for appointment after a lapse of one or more years. Any member of the Board may be removed by the Governor at any time. The Board shall elect from its members a chair, vice chair, and secretary who shall serve for one year and until their successors are appointed and qualified. The Board shall meet upon the call of the Chair or the Commissioner of Health, or at such other times and places as the Board may determine. Except as otherwise provided in sections 1372, 1373, and 1374 of this title, nine members of the Board shall constitute a quorum for the transaction of business. The affirmative vote of the majority of the members present and voting shall be required to carry any motion or resolution, to adopt any rule, to pass any measure, or to authorize any decision or order of the Board.

(b) In the performance of their duties, members of the Board shall be paid a per diem and their actual and necessary expenses as provided by 32 V.S.A. § 1010(b).

(c) The Board of Medical Practice is established as an office within the Department of Health. With respect to the Board, the Commissioner shall have the following powers and duties to:

(1) Appoint a director of the office.

(2) Employ or contract for legal counsel and such assistants as may be required, to fix the compensation to be paid for these services, and to incur such other expenses as the Commissioner determines are necessary.

(3) Employ, contract, or make arrangements for the performance of administrative, investigative, and similar services required or appropriate in the performance of the duties of the Board.

(4) Act as custodian of the records of the Board.

(5) Prepare an annual budget and administer money appropriated to the Board by the General Assembly. The budget of the Board shall be part of the budget of the Department. A Board of Medical Practice Regulatory Fee Fund is created. All Board regulatory fees received by the Department shall be deposited into this Fund and used to offset up to two years of the costs incurred by the Board, and shall not be used for any purpose other than professional regulation and responsibilities of the Board, as determined by the Commissioner of Health. To ensure that revenues derived by the Department are adequate to offset the cost of regulation, the Commissioner shall review fees from time to time, and present proposed fee changes to the General Assembly.

(6) Prepare and maintain a registry of all physicians licensed by the Board.

(7) Make available an accounting of all fees and fines received by the Board and all expenditures and costs of the Board annually.

(d) The Commissioner of Health shall appoint, and may terminate the employment of, the Director, administrative support staff, and any investigator or private legal counsel employed or retained by the Board.

(e) The Commissioner of Health shall adopt, amend, and repeal rules of the Board that the Commissioner determines necessary to carry out the provisions of this chapter and chapters 7, 29, 31, and 52 of this title.

(f)(1) A classified State employee who is employed as an investigator by the Department of Health who is certified as a Level III law enforcement officer under 20 V.S.A. chapter 151 shall have the same powers as sheriffs in criminal matters and the enforcement of the law and in serving criminal process, and shall have all the immunities and matters of defense now available or hereafter made available to sheriffs in a suit brought against him or her in consequence for acts done in the course of his or her employment.

(2) A Board of Medical Practice investigator employed by the Department of Health who is not certified as a Level III law enforcement officer under 20 V.S.A. chapter 151 shall annually obtain a minimum of 25 hours of training regarding the methods of conducting investigations of alleged unprofessional conduct, as approved by the Board.

(3) Any Board of Medical Practice investigator employed by the Department of Health shall obtain as soon as practicable and thereafter maintain certification by a nationally or regionally recognized entity regarding the investigation of licensing cases, as approved by the Board.

(Amended 1969, No. 187 (Adj. Sess.), § 2; 1975, No. 249 (Adj. Sess.), § 2; 1977, No. 91, § 1, eff. May 5, 1977; 1981, No. 100, § 12; 1985, No. 208 (Adj. Sess.), § 18, eff. June 30, 1986; 1989, No. 102, § 1; 1989, No. 250 (Adj. Sess.), § 92; 2001, No. 129 (Adj. Sess.), § 21, eff. June 13, 2002; 2001, No. 132 (Adj. Sess.), § 5, eff. June 13, 2002; 2003, No. 34, § 6, eff. May 23, 2003; 2003, No. 122 (Adj. Sess.), § 117a; 2009, No. 103 (Adj. Sess.), § 19d, eff. May 12, 2010; 2011, No. 61, § 2, eff. June 2, 2011; 2013, No. 130 (Adj. Sess.), § 3; 2013, No. 141 (Adj. Sess.), § 20, eff. July 1, 2015; 2015, No. 2, § 5, eff. March 12, 2015; 2015, No. 2, § 6; 2019, No. 126 (Adj. Sess.), § 1.)

§ 1352 Repealed

[Repealed]

2011, No. 61, § 9, eff. June 2, 2011.

§ 1353 Powers and duties of the Board

The Board shall have the following powers and duties to:

(1) License and certify health professionals pursuant to this title.

(2) Investigate all complaints and charges of unprofessional conduct against any holder of a license or certificate, or any medical practitioner practicing pursuant to section 1313 of this title, and to hold hearings to determine whether such charges are substantiated or unsubstantiated. The Board may employ or contract with one or more hearing officers to schedule, oversee prehearing processes, preside over hearings, and assist with the preparation of reports and decisions.

(3) Issue subpoenas and administer oaths in connection with any investigations, hearings, or disciplinary proceedings held under this chapter. Any individual or entity served with a subpoena issued by the Board shall comply notwithstanding the patient’s privilege established in 12 V.S.A. § 1612.

(4) Take or cause depositions to be taken as needed in any investigation, hearing, or proceeding.

(5) Undertake any such other actions and procedures specified in, or required or appropriate to carry out, the provisions of this chapter and chapters 7, 29, 31, and 52 of this title.

(6) Require a licensee or applicant to submit to a mental or physical examination, and an evaluation of medical knowledge and skill by individuals or entities designated by the Board if the Board has a reasonable basis to believe a licensee or applicant may be incompetent or unable to practice medicine with reasonable skill and safety. The results of the examination or evaluation shall be admissible in any hearing before the Board. The results of an examination or evaluation obtained under this subsection and any information directly or indirectly derived from such examination or evaluation shall not be used for any purpose, including impeachment or cross-examination against the licensee or applicant in any criminal or civil case, except a prosecution for perjury or giving a false statement. The Board shall bear the cost of any examination or evaluation ordered and conducted pursuant to this subdivision in whole or in part if the licensee demonstrates financial hardship or other good cause. The licensee or applicant, at his or her expense, shall have the right to present the results or reports of independent examinations and evaluations for the Board’s due consideration. An order by the Board that a licensee or applicant submit to an examination, test, or evaluation shall be treated as a discovery order for the purposes of enforcement under 3 V.S.A. §§ 809a and 809b. The results of an examination or evaluation obtained under this subdivision shall be confidential except as provided in this subdivision.

(7) Investigate all complaints of illegal practice of medicine and refer any substantiated illegal practice of medicine to the Office of the Attorney General or the State’s Attorney in the county in which the violation occurred.

(8)(A) Inquire into the criminal history backgrounds of applicants for licensure and for biennial license renewal for all professionals licensed or certified by the Board. In obtaining these background checks, the Board may inquire directly of the Vermont Crime Information Center, the Federal Bureau of Investigation, the National Crime Information Center, or other holders of official criminal record information, and may arrange for these inquiries to be made by a commercial service.

(B) Prior to acting on an initial or renewal application, the Board may obtain with respect to the applicant a Vermont criminal history record, an out-of-state criminal history record, and a criminal history record from the Federal Bureau of Investigation. Federal Bureau of Investigation background checks shall be fingerprint-supported, and fingerprints so obtained may be retained on file and used to notify the Board of future triggering events. Each applicant shall consent to the release of criminal history records to the Board on forms developed by the Vermont Crime Information Center.

(D) The Board shall comply with all laws regulating the release of criminal history records and the protection of individual privacy.

(E) No person shall confirm the existence or nonexistence of criminal history record information to any person who would not be eligible to receive the information pursuant to this chapter. As used in this subdivision, “criminal history record” has the same meaning as in 20 V.S.A. § 2056a.

(9) Inquire, at the Board’s discretion, of the Vermont Department for Children and Families or of the Vermont Department of Disabilities, Aging, and Independent Living to determine whether any applicant, licensee, or holder of certification who may provide care or treatment to a child or a vulnerable adult is listed on the Child Protection Registry or the vulnerable adult abuse, neglect, and exploitation registry.

(10) As part of the license application or renewal process, collect data necessary to allow for workforce strategic planning required under 18 V.S.A. chapter 222.

(11) During a declared state of emergency:

(A) The Board or the Executive Director of the Board may issue a temporary license to an individual who is currently licensed to practice as a physician, physician assistant, or podiatrist in another jurisdiction, whose license is in good standing, and who is not subject to disciplinary proceedings in any other jurisdiction. The temporary license shall authorize the holder to practice in Vermont until the termination of the declared state of emergency or 90 days, whichever occurs first, provided the licensee remains in good standing, and may be reissued by the Board if the declared state of emergency continues longer than 90 days. Fees shall be waived when a license is required to provide services under this subdivision (A).

(B) The Board or the Executive Director of the Board may waive supervision and scope of practice requirements for physician assistants, including the requirement for documentation of the relationship between a physician assistant and a physician pursuant to section 1735a of this title. The Board or Executive Director may impose limitations or conditions when granting a waiver under this subdivision (B).

(12) Provide a pre-application determination of an individual’s criminal background. This determination shall not be binding on the Board in a future application if the individual violates probation or parole or is convicted of another crime following the determination.

(A) The Board shall initiate this determination upon an individual’s “second chance” determination request. This request shall provide documentation related to the individual’s conviction or convictions, evidence of rehabilitation, and identification of the profession or professions for which the individual seeks licensure.

(B) The individual shall submit this request online, accompanied by the fee for pre-application determinations set forth in section 1401a of this chapter. If the individual thereafter applies for licensure, this pre-application fee shall be deducted from that license application fee.

(i) process a request within 30 days of receiving a complete request;

(ii) assess the nature of the underlying conviction or convictions, the nexus to the profession or professions for which the individual seeks licensure, and the provided evidence of rehabilitation; and

(iii) respond to the individual’s request in writing.

(13)(A) Establish uniform procedures applicable to all of the professions under its jurisdiction, providing for:

(i) appropriate recognition of education, training, or service completed by a member of the U.S. Armed Forces toward the requirements of professional licensure;

(ii) expedited issuance of a professional license to a person who is licensed in good standing in another regulatory jurisdiction:

(I) whose spouse is a member of the U.S. Armed Forces and who has been subject to a military transfer to Vermont; and

(II) who left employment to accompany his or her spouse to Vermont.

(B) The Board may evaluate specific military credentials to determine equivalency to credentials within the Board’s jurisdiction. The determinations shall be adopted through written policy that shall be posted on the Board’s website.

(14)(A) Adopt rules that prescribe a process for the Board to assess the equivalence of an applicant’s professional credentials earned outside the United States as compared to State licensing requirements for those professions within the Board’s jurisdiction.

(B) Any determination of equivalence by the Board under this subdivision (14) shall be recorded in the applicant’s licensing file.

(C) In administering this section, the Board may rely upon third-party credential verification services. The cost of such services shall be paid by the applicant.

(15)(A) Not less than once every five years, review the continuing education and other continuing competency requirements for each of the professions it regulates. The review results shall be in writing and address the following:

(i) the renewal requirements of the profession;

(ii) the renewal requirements in other jurisdictions, particularly in the Northeast region;

(iii) the cost of the renewal requirements for the profession’s licensees;

(iv) an analysis of the utility and effectiveness of the renewal requirements with respect to public protection; and

(v) recommendations to the Commissioner of Health on whether the continuing education or other continuing competency requirements should be modified.

(B) The Commissioner of Health shall respond to the Board within 45 days of its submitted review results. The Commissioner may require the Board to reduce, modify, or otherwise change the renewal requirements, including by proposing any necessary amendments to statute or rule.

(Amended 1975, No. 249 (Adj. Sess.), § 2; 1989, No. 250 (Adj. Sess.), § 38; 1991 No. 167 (Adj. Sess.), § 30; 1993, No. 108 (Adj. Sess.), §§ 24, 25, eff. Feb. 16, 1994; 1995, No. 188 (Adj. Sess.), §§ 1, 8, 9; 1999, No. 14, § 2; 2001, No. 132 (Adj. Sess.), § 7, eff. June 13, 2002; 2003, No. 34, § 8, eff. May 23, 2003; 2011, No. 61, § 2, eff. June 2, 2011; 2013, No. 79, § 43, eff. June 7, 2013; 2013, No. 119 (Adj. Sess.), § 15; 2019, No. 91 (Adj. Sess.), § 15, eff. March 30, 2020; 2019, No. 126 (Adj. Sess.), § 1; 2019, No. 152 (Adj. Sess.), § 15, eff. April 1, 2021.)

§ 1354 Unprofessional conduct

(a) Prohibited conduct. The Board shall find that any one of the following, or any combination of the following, whether the conduct at issue was committed within or outside the State, constitutes unprofessional conduct:

(1) fraud or misrepresentation in applying for or procuring a medical license or in connection with applying for or procuring periodic renewal of a medical license;

(2) all advertising about health care services or a medical business that is intended or has a tendency to mislead or deceive the public or impose upon credulous or ignorant persons and so be harmful or injurious to public morals or safety;

(3) [Repealed.]

(4) abandonment of a patient;

(5) habitual or excessive use or abuse of drugs, alcohol, or other substances that impair the licensee’s ability to practice medicine;

(6) promotion by a physician of the sale of drugs, devices, appliances, or goods provided for a patient in such a manner as to exploit the patient for financial gain of the physician or selling, prescribing, giving away, or administering drugs for other than legal and legitimate therapeutic purposes;

(7) conduct that evidences unfitness to practice medicine;

(8) willfully making and filing false reports or records in his or her practice as a physician;

(9) willful omission to file or record, or willfully impeding or obstructing a filing or recording, or inducing another person to omit to file or record medical reports required by law;

(10) failure to make available promptly to a person using professional health care services, that person’s representative, succeeding health care professionals, or institutions, when given proper written request and direction of the person using professional health care services, copies of that person’s records in the possession or under the control of the licensed practitioner;

(11) solicitation of professional patronage by agents or persons or profiting from the acts of those representing themselves to be agents of the licensed physician;

(12) division of fees or agreeing to split or divide the fees received for professional services for any person for bringing to or referring a patient;

(13) agreeing with clinical or bio-analytical laboratories to make payments to such laboratories for individual tests or test series for patients, unless the physician discloses on the bills to patients or third party payors the name of such laboratory, the amount or amounts to such laboratory for individual tests or test series, and the amount of his or her processing charge or procurement, if any, for each specimen taken;

(14) willful misrepresentation in treatments;

(15) practicing medicine with a physician who is not legally practicing within the State, or aiding or abetting such physician in the practice of medicine; except that it shall be legal to practice in an accredited preceptorship or residency training program or pursuant to section 1313 of this title;

(16) gross overcharging for professional services on repeated occasions, including filing of false statements for collection of fees for which services are not rendered;

(17) offering, undertaking, or agreeing to cure or treat disease by a secret method, procedure, treatment, or medicine;

(18) consistent improper utilization of services;

(19) consistent use of nonaccepted procedures that have a consistent detrimental effect upon patients;

(20) professional incompetency resulting from physical or mental impairment;

(21) permitting one’s name or license to be used by a person, group, or corporation when not actually in charge of, responsible for, or actively overseeing the treatment or other health care services provided;

(22) in the course of practice, gross failure to use and exercise on a particular occasion or the failure to use and exercise on repeated occasions, that degree of care, skill, and proficiency that is commonly exercised by the ordinary skillful, careful, and prudent physician engaged in similar practice under the same or similar conditions, whether or not actual injury to a patient has occurred;

(23) revocation of a license to practice medicine or surgery, or other disciplinary sanction, by another jurisdiction on one or more of the grounds specified in this section;

(24) failure to comply with the provisions of 18 V.S.A. § 1852;

(25) failure to comply with an order of the Board or violation of any term or condition of a license that is restricted or conditioned by the Board;

(26) any physician who, in the course of a collaborative agreement with a nurse practitioner allows the nurse practitioner to perform a medical act that is outside the usual scope of the physician’s own practice or that the nurse practitioner is not qualified to perform by training or experience, or that the ordinary reasonable and prudent physician engaged in a similar practice would not agree should be written into the scope of the nurse practitioner’s practice;

(27) failure to comply with provisions of federal statutes or regulations, or the statutes or rules of this or any other state, governing the practice of medicine or surgery;

(28) practice of profession when medically or psychologically unfit to do so;

(29) delegation of professional responsibilities, including delivery of any health care services, to a person whom the licensed professional knows, or has reason to know, is not qualified by training, experience, education, or licensing credentials to perform them;

(30) conviction of a crime related to the practice of the profession or conviction of a felony, whether or not related to the practice of the profession, or failure to report to the Board a conviction of any crime related to the practice of the profession or any felony in any court within 30 days of the conviction;

(31) use of the services of an anesthesiologist assistant by an anesthesiologist in a manner that is inconsistent with the provisions of chapter 29 of this title;

(32) use of the services of a radiologist assistant by a radiologist in a manner that is inconsistent with the provisions of chapter 52 of this title;

(33)(A) providing, prescribing, dispensing, or furnishing medical services or prescription medication or prescription-only devices to a person in response to any communication transmitted or received by computer or other electronic means, when the licensee fails to take the following actions to establish and maintain a proper physician-patient relationship:

(i) a reasonable effort to verify that the person requesting medication is in fact the patient, and is in fact who the person claims to be;

(ii) establishment of documented diagnosis through the use of accepted medical practices; and

(iii) maintenance of a current medical record;

(B) for the purposes of this subdivision (33), an electronic, online, or telephonic evaluation by questionnaire is inadequate for the initial evaluation of the patient, except as otherwise provided in subdivision (C)(iv) of this subdivision (33);

(C) the following would not be in violation of this subdivision (33) if transmitted or received by computer or other electronic means:

(i) initial admission orders for newly hospitalized patients;

(ii) prescribing for a patient of another physician for whom the prescriber has taken the call;

(iii) prescribing for a patient examined by a licensed advanced practice registered nurse, physician assistant, or other advanced practitioner authorized by law and supported by the physician;

(iv) in furtherance of 18 V.S.A. chapter 223, prescribing medication for an individual to terminate the individual’s pregnancy based on an adaptive questionnaire developed by or in consultation with health care providers with clinically appropriate expertise that allows the licensee to obtain additional medical history and ask follow-up questions as needed;

(v) continuing medication on a short-term basis for a new patient, prior to the patient’s first appointment; or

(vi) emergency situations where life or health of the patient is in imminent danger;

(34) failure to provide to the Board such information it may reasonably request in furtherance of its statutory duties. The patient privilege set forth in 12 V.S.A. § 1612 shall not bar the licensee’s obligations under this subsection (a) and no confidentiality agreement entered into in concluding a settlement of a malpractice claim shall exempt the licensee from fulfilling his or her obligations under this subdivision;

(35) disruptive behavior that involves interaction with physicians, hospital personnel, office staff, patients, or support persons of the patient or others that interferes with patient care or could reasonably be expected to adversely affect the quality of care rendered to a patient;

(36) commission of any sexual misconduct that exploits the physician-patient relationship, including sexual contact with a patient, surrogates, or key third parties;

(37) prescribing, selling, administering, distributing, ordering, or dispensing any drug legally classified as a controlled substance for the licensee’s own use or to an immediate family member as defined by rule;

(38) signing a blank or undated prescription form;

(39) [Repealed.]

(40) use of conversion therapy as defined in 18 V.S.A. § 8351 on a client younger than 18 years of age; or

(41) failure to comply with one or more of the notice, disclosure, or advertising requirements in 18 V.S.A. § 4502 for administering stem cell or stem cell-related products not approved by the U.S. Food and Drug Administration.

(b) Failure to practice competently. The Board may also find that failure to practice competently by reason of any cause on a single occasion or on multiple occasions constitutes unprofessional conduct. Failure to practice competently includes, as determined by the Board:

(1) performance of unsafe or unacceptable patient care; or

(2) failure to conform to the essential standards of acceptable and prevailing practice.

(c) Burden of proof. The burden of proof in a disciplinary action shall be on the State to show by a preponderance of the evidence that the person has engaged in unprofessional conduct.

(d) Health care providers. Notwithstanding any other law to the contrary, no health care provider who is certified, registered, or licensed in Vermont shall be subject to professional disciplinary action by the Board, nor shall the Board take adverse action on an application for certification, registration, or licensure of a qualified health care provider, based solely on:

(1) the health care provider providing or assisting in the provision of legally protected health care activity; or

(2) a criminal, civil, or disciplinary action in another state against the health care provider that is based solely on the provider providing or assisting in the provision of legally protected health care activity.

(e) Definitions. As used in this section:

(1) “Health care provider” means a person who provides professional health care services to an individual during that individual’s medical care, treatment, or confinement.

(2) “Health care services” means services for the diagnosis, prevention, treatment, cure, or relief of a physical or mental health condition, including counseling, procedures, products, devices, and medications.

(3) “Legally protected health care activity” has the same meaning as in 1 V.S.A. § 150.

(Amended 1967, No. 307 (Adj. Sess.), § 6, eff. March 22, 1968; 1975, No. 249 (Adj. Sess.), § 2; 1977, No. 259 (Adj. Sess.), § 6; 1985, No. 163 (Adj. Sess.), § 3; 1989, No. 161 (Adj. Sess.), §§ 1, 2; 1991, No. 167 (Adj. Sess.), § 31; 1993, No. 190 (Adj. Sess.), § 6, eff. June 11, 1994; 1993, No. 201 (Adj. Sess.), § 4; 2001, No. 132 (Adj. Sess.), § 8, eff. June 13, 2002; 2001, No. 151 (Adj. Sess.), § 19a, eff. June 27, 2002; 2003, No. 34, § 3, eff. May 23, 2003; 2009, No. 103 (Adj. Sess.), § 19c, eff. May 12, 2010; 2011, No. 61, § 2, eff. June 2, 2011; 2015, No. 138 (Adj. Sess.), § 3; 2017, No. 74, § 117; 2019, No. 123 (Adj. Sess.), § 2; 2019, No. 126 (Adj. Sess.), § 1; 2021, No. 61, § 3; 2023, No. 15, § 7, eff. May 10, 2023; 2025, No. 20, § 10, eff. May 13, 2025.)

§§ 1355-1361 Repealed

[Repealed]

2019, No. 126 (Adj. Sess.), § 1.

§ 1362 Repealed

[Repealed]

1989, No. 250 (Adj. Sess.), § 92.

§ 1363 Repealed

[Repealed]

1991, No. 167 (Adj. Sess.), § 66(7).

§ 1364 References to the State Board of Medical Registration

The State Board of Medical Registration is abolished. All references in the Vermont Statutes Annotated to the State Board of Medical Registration shall be deemed from and after July 1, 1976, to refer to the State Board of Medical Practice.

(Added 1975, No. 249 (Adj. Sess.), § 2.)

§ 1365 Notice of conviction of crime; interim suspension of license

(a) The Board shall treat a notice of conviction of a crime for which a licensee may be disciplined under section 1354 of this title as an unprofessional conduct complaint. A certified copy of the judgment of conviction shall be conclusive evidence of the fact that the conviction occurred.

(b) Upon receipt of the certified copy of the judgment of conviction of a crime for which a licensee may be disciplined for unprofessional conduct, the Board may immediately suspend that person’s license until the time for appeal has elapsed and no appeal has been taken, or until the judgment of conviction has been affirmed on appeal or has otherwise become final, and until further order of the Board. The Board shall notify the licensee whose license has been suspended under this section and advise the licensee of his or her right to request a hearing, within 90 days. At such hearing, the licensee shall have the burden of showing why the suspension should not remain in effect pending appeal.

(c) The disciplinary hearing shall not be commenced until all appeals from the conviction are concluded unless the licensee requests that the matter not be deferred. The sole issue to be determined at such hearing shall be the nature of the disciplinary action to be taken by the Board.

(d) An interim suspension ordered under subsection (b) of this section shall automatically terminate if the licensee demonstrates that the conviction that served as the basis of the interim suspension has been reversed or vacated. However, a reversal or vacated conviction shall not prohibit the Board from pursuing disciplinary action based on any cause other than the overturned conviction.

(Added 1995, No. 188 (Adj. Sess.), § 11; amended 2011, No. 61, § 2, eff. June 2, 2011; 2019, No. 126 (Adj. Sess.), § 1.)

§ 1366 Out-of-state discipline; interim suspension of license

(a) The Board shall treat a certified copy of an order revoking or suspending the license of a person licensed to practice medicine or surgery in another jurisdiction on grounds for which a licensee may be disciplined under subdivision 1354(a)(23) of this title as an unprofessional conduct complaint. A certified copy of the order of revocation or suspension shall be conclusive evidence of the fact that the revocation or suspension occurred.

(b) The Board shall treat as an unprofessional conduct complaint any notice of a statement of a licensing entity in another jurisdiction that verifies that a person licensed to practice medicine or surgery in that jurisdiction failed to renew, surrendered, or otherwise terminated his or her license during, or prior to initiation of, proceedings to revoke or suspend his or her license. A certified copy of the statement shall be conclusive evidence of the fact that such termination occurred.

(c) Upon receipt of the certified copy of an order or statement referred to in subsection (a) or (b) of this section, the Board shall follow the procedures for interim suspension set forth in subsection 1365(b) of this chapter.

(d) The sole issue to be determined at the disciplinary hearing on a complaint filed under subsection (a) of this section shall be the nature of the disciplinary action to be taken by the Board.

(Added 1995, No. 188 (Adj. Sess.), § 12; 2019, No. 126 (Adj. Sess.), § 1.)

§ 1367 Appeals from Board orders

A party aggrieved by a final order of the Board may, within 30 days of the order, appeal that order to the Vermont Supreme Court on the basis of the record created before the Board.

(Added 2001, No. 132 (Adj. Sess.), § 10, eff. June 13, 2002.)

§ 1368 Data repository; licensee profiles

(a) A data repository is created within the Department of Health that will be responsible for the compilation of all data required under this section, under this chapter, and under any other law or rule that requires the reporting of such information. Notwithstanding any provision of law to the contrary, licensees shall promptly report and the Department shall collect the following information to create individual profiles on all health care professionals licensed, certified, or registered by the Department, pursuant to the provisions of this title, in a format created by the Department that shall be available for dissemination to the public:

(1) A description of any criminal convictions for felonies and serious misdemeanors, as determined by the Commissioner of Health, within the most recent 10 years. For the purposes of this subdivision, a person shall be deemed to be convicted of a crime if he or she pleaded guilty or was found or adjudged guilty by a court of competent jurisdiction.

(2) A description of any charges to which a health care professional pleads nolo contendere or where sufficient facts of guilt were found and the matter was continued without a finding by a court of competent jurisdiction.

(3)(A) A description of any formal charges served, findings, conclusions, and orders of the licensing authority, and final disposition of matters by the courts within the most recent 10 years, and a summary of the final disposition of such matters indicating any charges that were dismissed and any charges resulting in a finding of unprofessional conduct.

(B) The Department shall remove from the data repository any charges, findings, conclusions, and order if the final disposition of the matter dismissed all charges filed against the licensee in the same action. The Department shall ensure that the period for appealing an order has expired prior to removing any such information from the data repository, and shall remove that information within five business days of the expiration of the appeal period.

(4)(A) A description of any formal charges served by licensing authorities, findings, conclusions, and orders of such licensing authorities, and final disposition of matters by the courts in other states within the most recent 10 years.

(B) Upon request of the licensee, the Department shall remove from the data repository any charges, findings, conclusions, and order if the final disposition of the matter dismissed all charges filed against the licensee in the same action. The Department shall confirm the dismissal and shall ensure that the period for appealing an order has expired prior to removing any such information from the data repository, and shall remove that information within five business days of the expiration of the appeal period or within five business days of the request of the licensee, whichever is later.

(5) A description of revocation or involuntary restriction of hospital privileges for reasons related to competence or character that has been issued by the hospital’s governing body or any other official of the hospital after procedural due process has been afforded, or the resignation from, or nonrenewal of, medical staff membership or the restriction of privileges at a hospital taken in lieu of, or in settlement of, a pending disciplinary case related to competence or character in that hospital. Only cases that have occurred within the most recent 10 years shall be disclosed by the Board to the public.

(6)(A) All medical malpractice court judgments and all medical malpractice arbitration awards in which a payment is awarded to a complaining party during the last 10 years, and all settlements of medical malpractice claims in which a payment is made to a complaining party within the last 10 years. Dispositions of paid claims shall be reported in a minimum of three graduated categories, indicating the level of significance of the award or settlement, if valid comparison data are available for the profession or specialty. Information concerning paid medical malpractice claims shall be put in context by comparing an individual health care professional’s medical malpractice judgment awards and settlements to the experience of other health care professionals within the same specialty within the New England region or nationally. The Commissioner may, in consultation with the Vermont Medical Society, report comparisons of individual health care professionals covered under this section to all similar health care professionals within the New England region or nationally.

(B) Comparisons of malpractice payment data shall be accompanied by:

(i) an explanation of the fact that professionals treating certain patients and performing certain procedures are more likely to be the subject of litigation than others;

(ii) a statement that the report reflects data for the last 10 years, and the recipient should take into account the number of years the professional has been in practice when considering the data;

(iii) an explanation that an incident giving rise to a malpractice claim may have occurred years before any payment was made, due to the time lawsuits take to move through the legal system;

(iv) an explanation of the possible effect of treating high-risk patients on a professional’s malpractice history; and

(v) an explanation that malpractice cases may be settled for reasons other than liability.

(C)(i) Information concerning all settlements shall be accompanied by the following statement: “Settlement of a claim may occur for a variety of reasons that do not necessarily reflect negatively on the professional competence or conduct of the health care professional. A payment in settlement of a medical malpractice action or claim should not be construed as creating a presumption that medical malpractice has occurred.” Nothing in this subdivision (6) shall be construed to limit or prevent the licensing authority from providing further explanatory information regarding the significance of categories in which settlements are reported.

(ii) Pending malpractice claims and actual amounts paid by or on behalf of a professional in connection with a malpractice judgment, award, or settlement shall not be disclosed by the Commissioner of Health or by the licensing authority to the public. Nothing in this subdivision (6) shall be construed to prevent the licensing authority from investigating and disciplining a health care professional on the basis of medical malpractice claims that are pending.

(7) The names of medical professional schools and dates of graduation.

(8) Graduate medical education.

(9) Specialty board certification.

(10) The number of years in practice.

(11) The names of the hospitals where the health care professional has privileges.

(12) Appointments to medical school or professional school faculties, and indication as to whether the health care professional has had a responsibility for teaching graduate medical education within the last 10 years.

(13) Information regarding publications in peer-reviewed medical literature within the last 10 years.

(14) Information regarding professional or community service activities and awards.

(15) The location of the health care professional’s primary practice setting.

(16) The identification of any translating services that may be available at the health care professional’s primary practice location.

(17) An indication of whether the health care professional participates in the Medicaid program, and is currently accepting new patients.

(b) The Department shall provide individual health care professionals with a copy of their profiles prior to the initial release to the public and each time a physician’s profile is modified or amended. A health care professional shall be provided a reasonable time to correct factual inaccuracies that appear in such profile, and may elect to have his or her profile omit the information required under subdivisions (a)(12) through (14) of this section. In collecting information for such profiles and in disseminating the same, the Department shall inform health care professionals that they may choose not to provide such information required under subdivisions (a)(12) through (14).

(c) The profile shall include the following conspicuous statement: “This profile contains information that may be used as a starting point in evaluating the professional. This profile should not, however, be your sole basis for selecting a professional.”

(Added 2001, No. 132 (Adj. Sess.), § 15, eff. June 13, 2002; amended 2011, No. 61, § 2, eff. June 2, 2011; 2013, No. 130 (Adj. Sess.), § 2, eff. July 1, 2015; 2015, No. 23, § 14; 2017, No. 113 (Adj. Sess.), § 165.)

§ 1369 Repealed

[Repealed]

2013, No. 42, § 3.

§ 1370 Complaints; investigative committee

(a)(1) Any individual, organization, or public officer may submit a written complaint to the Board alleging that any individual practicing medicine in the State committed unprofessional conduct or that an individual practiced without being licensed in violation of section 1314 of this chapter. The complaint shall specify the grounds on which the allegations of unprofessional conduct are based.

(2) A person or organization shall not be liable in a civil action for damages resulting from the good faith reporting of information to the Board about alleged incompetent, unprofessional, or unlawful conduct of a licensee.

(b)(1) The Board shall initiate an investigation of the individual complained against whenever a complaint is received. The Board may also act on its own initiative without having received a complaint.

(2) The Executive Director shall designate three or more members, including at least one public member, to serve as an investigative committee to investigate and report to the Board its findings regarding the complaint and whether an evidentiary hearing is warranted. If there is an insufficient number of members to investigate a complaint by reason of disqualification, resignation, vacancy, or necessary absence, the Commissioner of Health may, at the request of the Board, appoint ad hoc members to serve on the investigative committee for that matter only.

(3) If the investigative committee determines that an evidentiary hearing is warranted, the Executive Director shall prepare a specification of the charge or charges of unprofessional conduct made against the individual licensed by the Board, a copy of which shall be served upon the subject of the charge or charges, together with the notice of hearing set forth in subsection 1372(b) of this chapter.

(Added 2019, No. 126 (Adj. Sess.), § 1.)

§ 1371 Access to documents; discovery

(a)(1) A licensee who is notified that a specification of one or more charges of unprofessional conduct have been made against the individual in accordance with subdivision 1370(b)(3) of this chapter shall be entitled to inspect and copy all information in the possession of the Department of Health pertaining to the licensee, except:

(A) investigatory files that have not resulted in charges of unprofessional conduct;

(B) materials that constitute attorney work product; and

(2) The Executive Director shall notify the licensee of the right to inspect and copy information as provided in subsection 1372(b) of this chapter.

(b) A licensee who is notified that a specification of one or more charges of unprofessional conduct have been made against the individual in accordance with subdivision 1370(b)(3) of this chapter shall be entitled to produce fact witnesses, expert witnesses, and evidence on the licensee’s own behalf, to cross-examine witnesses testifying against the licensee, and to engage in other methods of discovery as set forth by order of the Board or its hearing officer.

(c) A licensee who is notified that a specification of one or more charges of unprofessional conduct have been made against the individual in accordance with subdivision 1370(b)(3) of this chapter shall be entitled to request to depose witnesses by motion to the Board or its hearing officer. Any deposition so ordered shall be subject to:

(1) the provisions of section 1376 of this chapter, relating to confidentiality and the inadmissibility of certain evidence;

(2) limitations or conditions necessary to protect witnesses who are minors or who are adults subject to a guardianship or conservatorship; and

(3) such other reasonable limitations as the Board or its hearing officer may provide in the interests of justice and consistent with the provisions of 3 V.S.A. § 810, relating to rules of evidence and official notice in contested cases.

(Added 2019, No. 126 (Adj. Sess.), § 1.)

§ 1372 Hearing panel

(a) Composition of hearing panel.

(1) The Executive Director may designate a hearing panel constituting less than a quorum of the Board to conduct hearings that would otherwise be heard by the full Board. A hearing panel shall consist of at least three members, including at least one physician member of the Board and at least one public member of the Board. No member of the hearing panel shall have been a member of the investigative committee that reviewed the matter at the investigative stage. A party may move to disqualify a member of a hearing panel due to a conflict of interest.

(2) If there is an insufficient number of members to serve on a hearing panel by reason of disqualification, resignation, vacancy, or necessary absence, the Commissioner of Health may, at the request of the Board, appoint ad hoc members to serve on the hearing panel for that matter only.

(b) Time and notice of hearing.

(1) The Executive Director or a hearing officer shall set a time for the evidentiary hearing as soon as convenient following the determination by the investigative committee that an evidentiary hearing is warranted, subject to the discovery needs of the parties as established in any prehearing or discovery conference or in any orders regulating discovery and depositions, or both, but no earlier than 30 days after service of the charge upon the individual complained against. A party may file motions to extend the time of the hearing for good cause.

(2) The Executive Director shall issue a notice of the evidentiary hearing on the charges, which notice shall specify the time and place of the hearing and shall notify the individual complained against that he or she may file with the Executive Director a written response within 20 days of the date of service. The notice shall also notify the individual complained against that a record of the proceeding will be kept, that he or she will have the right to inspect and copy information as set forth in section 1371 of this chapter, and that he or she will have the opportunity to appear personally and to have counsel present, with the right to produce witnesses and evidence on his or her own behalf, to cross-examine witnesses testifying against him or her, and to examine such documentary evidence as may be produced against him or her.

(c) Hearing panel report. Within 60 days after holding an evidentiary hearing under this section, unless the Board grants an extension, the hearing panel shall provide a written report of its findings of fact and its recommendations to the full Board, with a transcript of the evidence.

(Added 2019, No. 126 (Adj. Sess.), § 1.)

§ 1373 Hearing before the Board

(a) If the Board deems it necessary, following receipt of the report of the hearing panel pursuant to section 1372 of this chapter and after further notice to the individual complained against, the Board may take additional evidence at a hearing before the Board, which shall be conducted according to the same process as provided for the hearing panel.

(b)(1) Five members of the Board, including at least one physician member and at least one public member, shall constitute a quorum for purposes of this section.

(2) Members of the investigative committee designated pursuant to section 1370 of this chapter shall not sit with the Board when it conducts hearings under this section.

(Added 2019, No. 126 (Adj. Sess.), § 1.)

§ 1374 Decision and order

(a) Regardless of whether the Board makes its determination on the findings of the hearing panel pursuant to section 1372 of this chapter alone, on the findings of the hearing panel as supplemented by a hearing before the Board pursuant to section 1373 of this chapter, or on its own findings, the Board shall render its decision on the merits of the charge or charges on the basis of the evidence in the record before it.

(b)(1) If a majority of the members of the Board present and voting find that the individual complained against committed unprofessional conduct as specified in one or more of the charges, the Board shall prepare written findings of fact, conclusions, and an order, copies of which shall be served upon the individual complained against.

(2)(A) reprimand the individual complained against;

(i) reprimand the individual complained against;

(ii) condition, limit, suspend, or revoke the license, certificate, or practice of the individual complained against; or

(iii) take such other action relating to discipline or practice as the Board determines appropriate, including imposing an administrative penalty of not more than $1,000.00 for each act that constitutes an unprofessional conduct violation.

(B) Any monies received from the imposition of an administrative penalty imposed pursuant to this subdivision (2) shall be deposited into the Board of Medical Practice Regulatory Fee Fund for the purpose of providing education and training for Board members and licensees. The Commissioner of Health’s accounting under section 1351 of this chapter shall detail the receipts of administrative penalties and the purposes for which such monies were used.

(c) If the Board finds the individual complained against not guilty of the charge or charges, or the charges against the individual are dismissed, the Board shall promptly order a dismissal of the charges and issue a statement that the charges were not proved.

(d) Any order issued by the Board under this section shall be in full force and effect until further order of the Board or of a court of competent jurisdiction.

(Added 2019, No. 126 (Adj. Sess.), § 1.)

§ 1375 Subpoenas; contempt

(a) The Board may issue subpoenas to compel the attendance of witnesses at any investigation or hearing.

(b) The Board shall issue subpoenas on behalf of the individual complained against at the request of such person.

(Added 2019, No. 126 (Adj. Sess.), § 1.)

§ 1376 Confidentiality; inadmissibility of certain evidence

(a) A hearing panel or the Board, or both, may close portions of a hearing or hearings to the public if the panel or Board deems it appropriate in order to protect the confidentiality of an individual or for medical and other protected health information pertaining to any identifiable person that is otherwise confidential under State or federal law.

(b) In any proceeding under section 1372 or 1373 of this chapter that addresses an applicant’s or licensee’s alleged sexual misconduct, evidence of the sexual history of a victim of the alleged sexual misconduct shall neither be subject to discovery nor be admitted into evidence. Neither opinion evidence nor evidence of the reputation of a victim’s sexual conduct shall be admitted. At the request of a victim, a hearing panel or the Board may close portions of hearings to the public if the panel or Board deems it appropriate in order to protect the identity of a victim and the confidentiality of his or her medical records.

(Added 2019, No. 126 (Adj. Sess.), § 1.)

§ 1377 Nondisciplinary financial penalty

(a) For violations of statutes and Board rules of an administrative nature, the Board may, in its sole discretion, elect to offer a licensee the opportunity to pay a nondisciplinary financial penalty of not more than $250.00 for each instance of noncompliance. If the licensee accepts the offer and submits the required payment, the matter shall be considered to be closed in lieu of investigating the failure to comply with the rule or statute as unprofessional conduct.

(b) A matter closed by payment of a nondisciplinary financial penalty shall not be considered to be a disciplinary action, and the matter shall remain confidential in the manner of dismissed charges in accordance with section 1318 of this chapter.

(c) The Board shall not be required to offer the option of a nondisciplinary financial penalty in any particular case and may elect to process any matter as a disciplinary action.

(d) Any monies received from nondisciplinary financial penalties imposed pursuant to this section shall be deposited into the Board of Medical Practice Regulatory Fee Fund for the purpose of providing education and training for Board members and licensees.

(Added 2019, No. 126 (Adj. Sess.), § 1.)

Subchapter 3 Licenses

§ 1391 Qualifications for medical licensure

(a) Basic requirements.

(1) An applicant for physician licensure as a medical doctor shall meet each of the requirements set forth in subdivisions (2)(A) through (D) of this subsection. A requirement may be met either by satisfying the requirement on its own terms or by qualifying for an exception established in this chapter or by the Board by rule.

(2) An applicant shall submit evidence of identity acceptable to the Board as set forth by rule and shall establish that the applicant:

(A) is at least 18 years of age;

(B) has completed high school, or the equivalent, and at least two years of undergraduate postsecondary school;

(C) has graduated from a medical school accredited by an organization that is acceptable to the Board, or from a medical school that has been approved by the Board by rule, with a degree of doctor of medicine or an equivalent as may be determined by the Board; and

(D) is of sound moral character and professional competence as evidenced by:

(i) references submitted in accordance with rules adopted by the Board;

(ii) a personal interview, as may be required in the discretion of the Board; and

(iii) the applicant’s entire personal history, as established by information about the applicant’s academic, licensing examination, employment, professional credentialing, professional certification, professional regulation, civil litigation, and criminal records submitted by the applicant or otherwise obtained by the Board in the application process.

(b) Postgraduate training requirements.

(1) A graduate of a U.S. or Canadian medical school accredited by a body that is acceptable to the Board shall submit evidence of the successful completion of at least two years of postgraduate training in a U.S. or Canadian program accredited by an organization that is acceptable to the Board and that meets such other requirements as the Board may establish by rule.

(2) A graduate of a Board-approved medical school outside the United States or Canada shall submit evidence of success of completing at least three years of postgraduate training in a U.S. or Canadian program accredited by an organization that is acceptable to the Board and that meets such other requirements as the Board may establish by rule.

(c) Examination. An applicant shall satisfy the Board’s requirements for medical licensing examination as established by the Board by rule. The Board may identify which examinations are accepted, set passing standards, and set limits on time and numbers of attempts for exams. The Board may establish by rule exceptions or alternative means to meet examination requirements.

(d) ECFMG certificate. A graduate of a medical school outside the United States or Canada shall also submit evidence of certification by the Educational Commission for Foreign Medical Graduates unless the individual qualifies for licensure as a Fifth Pathway applicant, as established by the Board by rule.

(e) Current medical practice. An applicant for licensure shall have actively engaged in the practice of medicine, as defined by section 1311 of this chapter, within three years prior to the date on which the application for licensure becomes complete. In its discretion, the Board may license an applicant who does not meet this practice requirement but who agrees to such conditions as the Board may reasonably require to verify or confirm the applicant’s readiness to reenter the practice of medicine.

(f) License by faculty appointment.

(1) The Board may issue a license without examination to a reputable physician who is a resident of a foreign country and who furnishes to the Board satisfactory proof of appointment to the faculty of a medical college in Vermont that is accredited by the Liaison Committee on Medical Education (LCME). The Board may establish additional conditions and requirements by rule for this type of license.

(2) An applicant for a license pursuant to this subsection shall furnish to the Board satisfactory proof that the applicant is at least 18 years of age, has good moral character, is licensed to practice medicine in the applicant’s country of residence, and has been appointed to the faculty of an LCME-accredited medical college located in Vermont. The application shall include detailed information concerning the nature and term of the appointment, the method by which the applicant’s performance will be monitored and evaluated, and any other information the Board may require by rule.

(3) A license issued pursuant to this subsection shall be for a period not to exceed the term of the faculty appointment and may, in the Board’s discretion, be for a shorter period.

(4) A license issued pursuant to this subsection shall expire automatically upon termination for any reason of the licensee’s faculty appointment.

(Amended 1961, No. 256; 1967, No. 307 (Adj. Sess.), § 1, eff. March 22, 1968; 1969, No. 187 (Adj. Sess.), § 5; 1971, No. 14, § 15, eff. March 11, 1971; 1971, No. 184 (Adj. Sess.), § 19, eff. March 29, 1972; 1977, No. 91, § 2; 1977, No. 259 (Adj. Sess.), § 1; 1989, No. 250 (Adj. Sess.), §§ 39, 40; 2003, No. 34, § 9, eff. May 23, 2003; 2011, No. 61, § 2, eff. June 2, 2011; 2019, No. 126 (Adj. Sess.), § 1.)

§ 1392 Limited temporary license for postgraduate training

(a) Qualifications for limited training license.

(1) An applicant for a limited training license to practice medicine in a postgraduate training program shall meet each of requirements set forth in subdivisions (2)(A) through (E) of this subsection. A requirement may be met either by satisfying the requirement on its own terms or by qualifying for an exception established in this chapter or by the Board by rule.

(2) An applicant shall submit evidence of identity acceptable to the Board and shall establish that the applicant:

(A) is at least 18 years of age;

(B) has graduated from a medical school accredited by an organization that is acceptable to the Board, or from a medical school that has been approved by the Board by rule;

(C) has been accepted to participate in a postgraduate medical training program accredited by a body approved by the Board by rule;

(D) is of sound moral character and professional competence as evidenced by the applicant’s entire personal history, as established by information about the applicant’s academic, licensing examination, employment, professional credentialing, professional certification, professional regulation, civil litigation, and criminal records submitted by the applicant or otherwise obtained by the Board in the application process; and

(E) will be practicing in a program under the supervision of a Vermont-licensed physician who has acknowledged in writing:

(i) the responsibility to ensure that the program operates in accordance with the requirements of the accrediting body; and

(ii) the responsibility to ensure that physicians in training practice only under the close supervision and control of Vermont-licensed physicians.

(b) Terms of limited training license.

(1) A limited training license shall be issued for the period of a “training year,” which shall run from July 1 through June 30. All limited training licenses shall expire at 12:00 midnight on July 1, regardless of when issued, unless the holder leaves the program before that date, in which case the license expires upon the holder leaving the program. The Board may issue a limited training license up to 90 days prior to the beginning of a training year.

(2) A limited training license shall be renewed annually for each licensee who intends to continue to practice in a training program, in accordance with such requirements as the Board may provide by rule.

(3) A limited training license authorizes the holder to practice only within the approved training program and only at sites that are part of the hospital or other facility hosting the training program, along with such other locations as may be formally designated as a training site of the program.

(4) A limited training license shall become invalid 14 days after the supervising physician described in subdivision (a)(2)(E) of this subsection stops supervising the program for any reason, unless documentation of a new supervising physician is filed with the Board prior to the expiration of the 14-day period.

(5) A physician practicing under a limited training license is subject to the provisions of section 1354 of this chapter.

(Added 2019, No. 126 (Adj. Sess.), § 1.)

§§ 1393-1394 Repealed

[Repealed]

2019, No. 126 (Adj. Sess.), § 1.

§ 1395 License by endorsement

(a) The Board shall have an endorsement process for physician licensure that requires not more than three years of practice in good standing in another jurisdiction within the United States, regardless of whether that jurisdiction has licensing requirements substantially equal to those of this State, provided the applicant meets one of the following postgraduate training requirements:

(1) A graduate of a U.S. or Canadian medical school accredited by a body that is acceptable to the Board shall have successfully completed at least two years of postgraduate training in a U.S. or Canadian program accredited by an organization that is acceptable to the Board.

(2) A graduate of a Board-approved medical school outside the United States or Canada shall have successfully completed at least three years of postgraduate training in a U.S. or Canadian program accredited by an organization that is acceptable to the Board.

(b) If the Board determines that three years of demonstrated practice in another specific jurisdiction is not adequately protective of the public, it shall provide its rationale to the Commissioner, who may propose any necessary statutory or rule amendments in order to implement more restrictive requirements for endorsement for that jurisdiction.

(c) The Board may issue to an endorsement applicant a waiver of the practice requirement if there is a showing that the waiver follows State policy and the public is adequately protected.

(Amended 1967, No. 307 (Adj. Sess.), § 2, eff. March 22, 1968; 1977, No. 91, § 3, eff. May 5, 1977; 1977, No. 259 (Adj. Sess.), § 4; 1989, No. 250 (Adj. Sess.), § 41; 2001, No. 151 (Adj. Sess.), § 19b, eff. June 13, 2002; 2011, No. 61, § 2, eff. June 2, 2011; 2017, No. 39, § 2; 2019, No. 152 (Adj. Sess.), § 17, eff. April 1, 2021.)

§ 1396 Repealed

[Repealed]

2019, No. 126 (Adj. Sess.), § 1.

§ 1397 Repealed

[Repealed]

2011, No. 61, § 9(3), eff. June 2, 2011.

§ 1398 Refusal or revocation of licenses

(a) The Board may refuse to issue a license or certificate to an applicant who applies to be licensed or certified under this chapter and who, by false or fraudulent representations, has obtained or sought to obtain practice in the profession, or by false or fraudulent representations in practice, has obtained or sought to obtain money or any other thing of value, or who assumes a name other than the applicant’s own for the purpose of misleading others, or for any other immoral, unprofessional, or dishonorable conduct.

(b) A license or certificate shall not be suspended, except as provided in section 1365 or 1366 of this chapter; revoked; or refused until the holder or applicant:

(1) is given a hearing before the Board using the same procedures as a hearing on disciplinary matters as set forth in sections 1372 through 1376 of this chapter;

(2) is offered and declines or fails to attend a hearing; or

(3) agrees to the action.

(c) In the event of a revocation, the holder of any license or certificate so revoked shall promptly relinquish the license or certificate to the Secretary of the Board.

(Amended 1967, No. 307 (Adj. Sess.), § 3, eff. March 22, 1968; 2011, No. 61, § 2, eff. June 2, 2011; 2019, No. 126 (Adj. Sess.), § 1.)

§ 1399 Repealed

[Repealed]

1975, No. 249 (Adj. Sess.), § 5.

§ 1400 Renewal of license; continuing medical education

(a) Every person licensed to practice medicine by the Board shall apply biennially for the renewal of his or her license. At least one month prior to the date on which renewal is required, the Board shall send to each licensee a license renewal application form and notice of the date on which the existing license will expire. On or before the renewal date, the licensee shall file an application for license renewal and pay the required fee. The Board shall register the applicant and issue the renewal license. Within one month following the date renewal is required, the Board shall pay the license renewal fees into the Board of Medical Practice Regulatory Fee Fund.

(b) A licensee for renewal of an active license to practice medicine shall have completed continuing medical education that shall meet minimum criteria as established by rule, by the Board, by August 31, 2012 and that shall be in effect for the renewal of licenses to practice medicine expiring after August 31, 2014. The Board shall require a minimum of 10 hours of continuing medical education by rule. The training provided by the continuing medical education shall be designed to assure that the licensee has updated his or her knowledge and skills in his or her own specialties and also has kept abreast of advances in other fields for which patient referrals may be appropriate. The Board shall require evidence of current professional competence in recognizing the need for timely appropriate consultations and referrals to assure fully informed patient choice of treatment options, including treatments such as those offered by hospice, palliative care, and pain management services.

(c) A licensee for renewal of an active license to practice medicine shall have practiced medicine within the last three years as defined in section 1311 of this title or have complied with the requirements for updating knowledge and skills as defined by Board rules.

(d) All licensees shall demonstrate that the requirements for licensure are met.

(e) A licensee shall promptly provide the Board with new or changed information pertinent to the information in his or her license and license renewal applications at the time he or she becomes aware of the new or changed information.

(f) A person who practices medicine and who fails to renew his or her license in accordance with the provisions of this section shall be deemed an illegal practitioner and shall forfeit the right to so practice or to hold himself or herself out as a person licensed to practice medicine in the State until reinstated by the Board, except that a physician while on extended active duty as a member of the U.S. Armed Forces, a reserve component of the U.S. Armed Forces, the National Guard, or the State Guard who is licensed as a physician at the time of an activation or deployment shall receive an extension of licensure up to 90 days following the physician’s return from activation or deployment, provided the physician notifies the Board of his or her activation or deployment prior to the expiration of the current license and certifies that the circumstances of the activation or deployment impede good faith efforts to make timely application for renewal of the license.

(g) Any person who allows a license to lapse by failing to renew the same in accordance with the provisions of this section may be reinstated by the Board by payment of the renewal fee, the late renewal penalty, and if applicable, by completion of the required continuing medical education requirement as established in subsection (b) of this section and any other requirements for licensure as required by this section and Board rule.

(Amended 1967, No. 307 (Adj. Sess.), § 5, eff. March 22, 1968; 1975, No. 118, § 80; 1975, No. 249 (Adj. Sess.), § 3; 1977, No. 91, § 4, eff. May 5, 1977; 1989, No. 250 (Adj. Sess.), § 42; 1995, No. 178 (Adj. Sess.), § 81; 2001, No. 132 (Adj. Sess.), § 12, eff. June 13, 2002; 2011, No. 60, § 7, eff. June 1, 2011; 2011, No. 61, § 2, eff. June 2, 2011; 2019, No. 126 (Adj. Sess.), § 1.)

§ 1401 Expired.

§ 1401a Fees

(a) The Department of Health shall collect the following fees:

(3) Initial limited temporary license; annual renewal $75.00.

(4) Pursuant to qualifications and procedures determined by the Board, the Department shall, upon request, waive application fees to qualified military members and military spouses.

(b) The Department of Health may charge the following fees:

(1) Late renewal penalty of $25.00 for a renewal submitted less than 30 days late. Thereafter, the Department may increase the late renewal penalty by $5.00 for every additional month or fraction of a month, provided the total penalty for a late renewal shall not exceed $100.00.

(2) Reinstatement of revoked or suspended license, $20.00.

(3) Replacement of license, $20.00.

(4) Verification of license, $40.00 and in fiscal year 2010 and thereafter $50.00.

(5) Pre-application criminal background determination, $25.00.

(c)(1) Notwithstanding any other provision of this chapter, a physician who holds an unrestricted license in all jurisdictions where the physician is currently licensed and who meets the criteria of the Board shall be licensed without fee if the physician certifies to the Board that he or she shall limit practice in Vermont solely to providing:

(A) pro bono services at a free or reduced-fee health care clinic in Vermont; or

(B) volunteer services through the Vermont Medical Reserve Corps.

(2) A physician, under this subsection, shall file with the Board using forms provided on the Board’s website, information on medical qualifications, professional discipline, criminal record, malpractice claims, or any other such information as the Board may require. A license granted under this subsection shall authorize the licensee to practice medicine either on a voluntary basis at a free or reduced fee clinic in Vermont or in connection with the Vermont Medical Reserve Corps, respectively.

(d) If at any time an assessment is imposed on the State for its membership in the Interstate Medical Licensure Compact Commission pursuant to section 1420m of this title, the Board and the Board of Osteopathic Physicians and Surgeons shall assume responsibility for paying the assessment from their respective special funds in proportional amounts based on their numbers of licensees for professions eligible for licensure through the Compact.

(Added 1993, No. 108 (Adj. Sess.), § 26, eff. Feb. 16, 1994; amended 1995, No. 186 (Adj. Sess.), § 25; 1999, No. 49, § 209; 2001, No. 132 (Adj. Sess.), § 13, eff. June 13, 2002; 2003, No. 163 (Adj. Sess.), § 4; 2003, No. 163 (Adj. Sess.), § 4a, eff. July 1, 2006; 2007, No. 76, § 18; 2011, No. 61, § 2, eff. June 2, 2011; 2015, No. 57, § 13; 2017, No. 39, § 3; 2017, No. 115 (Adj. Sess.), § 3a, eff. Jan. 1, 2020; 2019, No. 152 (Adj. Sess.), § 18, eff. April 1, 2021.)

§ 1402 Health maintenance organization; medical director

A medical director who is a physician employed by a health maintenance organization in this State, which has individuals who have entered into contracts with a health maintenance organization for the provision of health care services, or on whose behalf such an arrangement has been made, shall possess a full and unrestricted license issued by the Board.

(Added 1999, No. 133 (Adj. Sess.), § 50; amended 2001, No. 129 (Adj. Sess.), § 22, eff. June 13, 2002.)

§ 1403 Professional corporations; medicine

A person licensed to practice medicine under this chapter may own shares in a professional corporation created under 11 V.S.A. chapter 4 that provides professional services in the medical and nursing professions.

(Added 2007, No. 14, § 1, eff. May 2, 2007; amended 2011, No. 61, § 2, eff. June 2, 2011.)

§ 1404 Applicant for expedited licensure; fingerprint data

(a) An applicant for expedited licensure pursuant to section 1420e of this chapter shall submit a full set of fingerprints to the Board for the purpose of obtaining State and federal criminal background checks pursuant to subdivision 1420e(b)(2) of this chapter. The Department of Public Safety may exchange fingerprint data with the Federal Bureau of Investigation.

(b) Communications between the Board and the Interstate Medical Licensure Compact Commission regarding verification of physician eligibility for licensure under the Interstate Medical Licensure Compact shall not include any information received from the Federal Bureau of Investigation related to State and federal criminal background checks performed for the purposes of subdivision 1420e(b)(2) of this chapter.

(Added 2017, No. 115 (Adj. Sess.), § 3, eff. Jan. 1, 2020.)

Subchapter 3A Interstate Medical Licensure Compact

§ 1420 Interstate Medical Licensure Compact; adoption

This subchapter is the Vermont adoption of the Interstate Medical Licensure Compact as revised by the Interstate Medical Licensure Compact Commission. The form, format, and text of the compact have been conformed to the conventions of the Vermont Statutes Annotated. It is the intent of the General Assembly that this subchapter be interpreted as substantively the same as the Interstate Medical Licensure Compact that is enacted by other member states.

(Added 2017, No. 115 (Adj. Sess.), § 1, eff. Jan. 1, 2020.)

§ 1420a Purpose

In order to strengthen access to health care, and in recognition of the advances in the delivery of health care, the member states of the Interstate Medical Licensure Compact have allied in common purpose to develop a comprehensive process that complements the existing licensing and regulatory authority of state medical boards and provides a streamlined process that allows physicians to become licensed in multiple states, thereby enhancing the portability of a medical license and ensuring the safety of patients. The Compact creates another pathway for licensure and does not otherwise change a state’s existing Medical Practice Act. The Compact also adopts the prevailing standard for licensure and affirms that the practice of medicine occurs where the patient is located at the time of the physician-patient encounter, and therefore, requires the physician to be under the jurisdiction of the state medical board where the patient is located. State medical boards that participate in the Compact retain the jurisdiction to impose an adverse action against a license to practice medicine in that state issued to a physician through the procedures in the Compact.

(Added 2017, No. 115 (Adj. Sess.), § 1, eff. Jan. 1, 2020.)

§ 1420b Definitions

As used in this compact:

(1) “Bylaws” means those bylaws established by the Interstate Commission pursuant to section 1420k of this subchapter for its governance or for directing and controlling its actions and conduct.

(2) “Commissioner” means the voting representative appointed by each member board pursuant to section 1420k of this subchapter.

(3) “Conviction” means a finding by a court that an individual is guilty of a criminal offense through adjudication or entry of a plea of guilt or no contest to the charge by the offender. Evidence of an entry of a conviction of a criminal offense by the court shall be considered final for purposes of disciplinary action by a member board.

(4) “Expedited License” means a full and unrestricted medical license granted by a member state to an eligible physician through the process set forth in the Compact.

(5) “Interstate Commission” means the interstate commission created pursuant to section 1420k of this subchapter.

(6) “License” means authorization by a state for a physician to engage in the practice of medicine, which would be unlawful without the authorization.

(7) “Medical Practice Act” means laws and regulations governing the practice of allopathic and osteopathic medicine within a member state.

(8) “Member Board” means a state agency in a member state that acts in the sovereign interests of the state by protecting the public through licensure, regulation, and education of physicians as directed by the state government.

(9) “Member State” means a state that has enacted the Compact.

(10) “Practice of Medicine” means the clinical prevention, diagnosis, or treatment of human disease, injury, or condition requiring a physician to obtain and maintain a license in compliance with the Medical Practice Act of a member state.

(11) “Physician” means any person who:

(A) is a graduate of a medical school accredited by the Liaison Committee on Medical Education, the Commission on Osteopathic College Accreditation, or a medical school listed in the International Medical Education Directory or its equivalent;

(B) passed each component of the United States Medical Licensing Examination (USMLE) or the Comprehensive Osteopathic Medical Licensing Examination (COMLEX-USA) within three attempts, or any of its predecessor examinations accepted by a state medical board as an equivalent examination for licensure purposes;

(C) successfully completed graduate medical education approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association;

(D) holds specialty certification or a time-unlimited specialty certificate recognized by the American Board of Medical Specialties or the American Osteopathic Association’s Bureau of Osteopathic Specialists;

(E) possesses a full and unrestricted license to engage in the practice of medicine issued by a member board;

(F) has never been convicted, received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense by a court of appropriate jurisdiction;

(G) has never held a license authorizing the practice of medicine subjected to discipline by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to nonpayment of fees related to a license;

(H) has never had a controlled substance license or permit suspended or revoked by a state or the U.S. Drug Enforcement Administration; and

(I) is not under active investigation by a licensing agency or law enforcement authority in any state, federal, or foreign jurisdiction.

(12) “Offense” means a felony, gross misdemeanor, or crime of moral turpitude.

(13) “Rule” means a written statement by the Interstate Commission promulgated pursuant to section 1420l of this subchapter that is of general applicability, implements, interprets, or prescribes a policy or provision of the Compact, or an organizational, procedural, or practice requirement of the Interstate Commission, and has the force and effect of statutory law in a member state, and includes the amendment, repeal, or suspension of an existing rule.

(14) “State” means any state, commonwealth, district, or territory of the United States.

(15) “State of Principal License” means a member state where a physician holds a license to practice medicine and that has been designated as such by the physician for purposes of registration and participation in the Compact.

(Added 2017, No. 115 (Adj. Sess.), § 1, eff. Jan. 1, 2020.)

§ 1420c Eligibility

(a) A physician must meet the eligibility requirements as defined in subdivision 1420b(11) of this subchapter to receive an expedited license under the terms and provisions of the Compact.

(b) A physician who does not meet the requirements of subdivision 1420b(11) of this subchapter may obtain a license to practice medicine in a member state if the individual complies with all laws and requirements, other than the Compact, relating to the issuance of a license to practice medicine in that state.

(Added 2017, No. 115 (Adj. Sess.), § 1, eff. Jan. 1, 2020.)

§ 1420d Designation of state of principal license

(a) A physician shall designate a member state as the state of principal license for purposes of registration for expedited licensure through the Compact if the physician possesses a full and unrestricted license to practice medicine in that state, and the state is:

(1) the state of primary residence for the physician;

(2) the state where at least 25 percent of the practice of medicine occurs;

(3) the location of the physician’s employer; or

(4) if no state qualifies under subdivision (1), (2), or (3) of this subsection, the state designated as state of residence for purpose of federal income tax.

(b) A physician may redesignate a member state as state of principal license at any time, as long as the state meets the requirements in subsection (a) of this section.

(c) The Interstate Commission is authorized to develop rules to facilitate redesignation of another member state as the state of principal license.

(Added 2017, No. 115 (Adj. Sess.), § 1, eff. Jan. 1, 2020.)

§ 1420e Application and issuance of expedited licensure

(a) A physician seeking licensure through the Compact shall file an application for an expedited license with the member board of the state selected by the physician as the state of principal license.

(b) Upon receipt of an application for an expedited license, the member board within the state selected as the state of principal license shall evaluate whether the physician is eligible for expedited licensure and issue a letter of qualification, verifying or denying the physician’s eligibility, to the Interstate Commission.

(1) Static qualifications, which include verification of medical education, graduate medical education, results of any medical or licensing examination, and other qualifications as determined by the Interstate Commission through rule, shall not be subject to additional primary source verification where already primary source verified by the state of principal license.

(2) The member board within the state selected as the state of principal license shall, in the course of verifying eligibility, perform a criminal background check of an applicant, including the use of the results of fingerprint or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, with the exception of federal employees who have suitability determination in accordance with 5 C.F.R. § 731.202.

(3) Appeal on the determination of eligibility shall be made to the member state where the application was filed and shall be subject to the law of that state.

(c) Upon verification in subsection (b) of this section, physicians eligible for an expedited license shall complete the registration process established by the Interstate Commission to receive a license in a member state selected pursuant to subsection (a) of this section, including the payment of any applicable fees.

(d) After receiving verification of eligibility under subsection (b) and any fees under subsection (c) of this section, a member board shall issue an expedited license to the physician. This license shall authorize the physician to practice medicine in the issuing state consistent with the Medical Practice Act and all applicable laws and regulations of the issuing member board and member state.

(e) An expedited license shall be valid for a period consistent with the licensure period in the member state and in the same manner as required for other physicians holding a full and unrestricted license within the member state.

(f) An expedited license obtained through the Compact shall be terminated if a physician fails to maintain a license in the state of principal licensure for a nondisciplinary reason, without redesignation of a new state of principal licensure.

(g) The Interstate Commission is authorized to develop rules regarding the application process, including payment of any applicable fees, and the issuance of an expedited license.

(Added 2017, No. 115 (Adj. Sess.), § 1, eff. Jan. 1, 2020.)

§ 1420f Fees for expedited licensure

(a) A member state issuing an expedited license authorizing the practice of medicine in that state may impose a fee for a license issued or renewed through the Compact.

(b) The Interstate Commission is authorized to develop rules regarding fees for expedited licenses.

(Added 2017, No. 115 (Adj. Sess.), § 1, eff. Jan. 1, 2020.)

§ 1420g Renewal and continued participation

(a) A physician seeking to renew an expedited license granted in a member state shall complete a renewal process with the Interstate Commission if the physician:

(1) maintains a full and unrestricted license in a state of principal license;

(2) has not been convicted, received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense by a court of appropriate jurisdiction;

(3) has not had a license authorizing the practice of medicine subject to discipline by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to nonpayment of fees related to a license; and

(4) has not had a controlled substance license or permit suspended or revoked by a state or the U.S. Drug Enforcement Administration.

(b) Physicians shall comply with all continuing professional development or continuing medical education requirements for renewal of a license issued by a member state.

(c) The Interstate Commission shall collect any renewal fees charged for the renewal of a license and distribute the fees to the applicable member board.

(d) Upon receipt of any renewal fees collected in subsection (c) of this section, a member board shall renew the physician’s license.

(e) Physician information collected by the Interstate Commission during the renewal process will be distributed to all member boards.

(f) The Interstate Commission is authorized to develop rules to address renewal of licenses obtained through the Compact.

(Added 2017, No. 115 (Adj. Sess.), § 1, eff. Jan. 1, 2020.)

§ 1420h Coordinated information system

(a) The Interstate Commission shall establish a database of all physicians licensed or who have applied for licensure under section 1420e of this subchapter.

(b) Notwithstanding any other provision of law, member boards shall report to the Interstate Commission any public action or complaints against a licensed physician who has applied or received an expedited license through the Compact.

(c) Member boards shall report disciplinary or investigatory information determined as necessary and proper by rule of the Interstate Commission.

(d) Member boards may report any nonpublic complaint, disciplinary, or investigatory information not required by subsection (c) of this section to the Interstate Commission.

(e) Member boards shall share complaint or disciplinary information about a physician upon request of another member board.

(f) All information provided to the Interstate Commission or distributed by member boards shall be confidential, filed under seal, and used only for investigatory or disciplinary matters.

(g) The Interstate Commission is authorized to develop rules for mandated or discretionary sharing of information by member boards.

(Added 2017, No. 115 (Adj. Sess.), § 1, eff. Jan. 1, 2020.)

§ 1420i Joint investigations

(a) Licensure and disciplinary records of physicians are deemed investigative.

(b) In addition to the authority granted to a member board by its respective Medical Practice Act or other applicable state law, a member board may participate with other member boards in joint investigations of physicians licensed by the member boards.

(d) Member boards may share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.

(e) Any member state may investigate actual or alleged violations of the statutes authorizing the practice of medicine in any other member state in which a physician holds a license to practice medicine.

(Added 2017, No. 115 (Adj. Sess.), § 1, eff. Jan. 1, 2020.)

§ 1420j Disciplinary actions

(a) Any disciplinary action taken by any member board against a physician licensed through the Compact shall be deemed unprofessional conduct that may be subject to discipline by other member boards, in addition to any violation of the Medical Practice Act or regulations in that state.

(b) If a license granted to a physician by the member board in the state of principal license is revoked, surrendered or relinquished in lieu of discipline, or suspended, then all licenses issued to the physician by member boards shall automatically be placed, without further action necessary by any member board, on the same status. If the member board in the state of principal license subsequently reinstates the physician’s license, a license issued to the physician by any other member board shall remain encumbered until that respective member board takes action to reinstate the license in a manner consistent with the Medical Practice Act of that state.

(c) If disciplinary action is taken against a physician by a member board not in the state of principal license, any other member board may deem the action conclusive as to matter of law and fact decided, and:

(1) impose the same or lesser sanction or sanctions against the physician so long as such sanctions are consistent with the Medical Practice Act of that state; or

(2) pursue separate disciplinary action against the physician under its respective Medical Practice Act, regardless of the action taken in other member states.

(d) If a license granted to a physician by a member board is revoked, surrendered or relinquished in lieu of discipline, or suspended, then any license or licenses issued to the physician by any other member board shall be suspended, automatically and immediately without further action necessary by the other member boards, for 90 days upon entry of the order by the disciplining board, to permit the member boards to investigate the basis for the action under the Medical Practice Act of that state. A member board may terminate the automatic suspension of the license it issued prior to the completion of the 90-day suspension period in a manner consistent with the Medical Practice Act of that state.

(Added 2017, No. 115 (Adj. Sess.), § 1, eff. Jan. 1, 2020.)

§ 1420k Interstate Medical Licensure Compact Commission

(a) The member states hereby create the “Interstate Medical Licensure Compact Commission.”

(b) The purpose of the Interstate Commission is the administration of the Interstate Medical Licensure Compact, which is a discretionary state function.

(c) The Interstate Commission shall be a body corporate and joint agency of the member states and shall have all the responsibilities, powers, and duties set forth in the Compact and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of the Compact.

(d) The Interstate Commission shall consist of two voting representatives appointed by each member state who shall serve as Commissioners. In states where allopathic and osteopathic physicians are regulated by separate member boards, or if the licensing and disciplinary authority is split between multiple member boards within a member state, the member state shall appoint one representative from each member board. A Commissioner shall be:

(1) an allopathic or osteopathic physician appointed to a member board;

(2) an executive director, executive secretary, or similar executive of a member board; or

(3) a member of the public appointed to a member board.

(e) The Interstate Commission shall meet at least once each calendar year. A portion of this meeting shall be a business meeting to address such matters as may properly come before the Commission, including the election of officers. The chairperson may call additional meetings and shall call for a meeting upon the request of a majority of the member states.

(f) The bylaws may provide for meetings of the Interstate Commission to be conducted by telecommunication or electronic communication.

(g) Each Commissioner participating at a meeting of the Interstate Commission is entitled to one vote. A majority of Commissioners shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission. A Commissioner shall not delegate a vote to another Commissioner. In the absence of its Commissioner, a member state may delegate voting authority for a specified meeting to another person from that state who shall meet the requirements of subsection (d) of this section.

(h) The Interstate Commission shall provide public notice of all meetings and all meetings shall be open to the public. The Interstate Commission may close a meeting, in full or in portion, when it determines by a two-thirds’ vote of the Commissioners present that an open meeting would be likely to:

(1) relate solely to the internal personnel practices and procedures of the Interstate Commission;

(2) discuss matters specifically exempted from disclosure by federal statute;

(3) discuss trade secrets or commercial or financial information that is privileged or confidential;

(4) involve accusing a person of a crime or formally censuring a person;

(5) discuss information of a personal nature when disclosure would constitute a clearly unwarranted invasion of personal privacy;

(6) discuss investigative records compiled for law enforcement purposes; or

(7) specifically relate to the participation in a civil action or other legal proceeding.

(i) The Interstate Commission shall keep minutes that shall fully describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, including record of any roll call votes.

(j) The Interstate Commission shall make its information and official records, to the extent not otherwise designated in the Compact or by its rules, available to the public for inspection.

(k) The Interstate Commission shall establish an executive committee, which shall include officers, members, and others as determined by the bylaws. The executive committee shall have the power to act on behalf of the Interstate Commission, with the exception of rulemaking, during periods when the Interstate Commission is not in session. When acting on behalf of the Interstate Commission, the executive committee shall oversee the administration of the Compact, including enforcement of and compliance with the provisions of the Compact, its bylaws and rules, and other such duties as necessary.

(l) The Interstate Commission may establish other committees for governance and administration of the Compact.

(Added 2017, No. 115 (Adj. Sess.), § 1, eff. Jan. 1, 2020.)

§ 1420l Powers and duties of the Interstate Commission

The Interstate Commission shall have a duty and power to:

(1) Oversee and maintain the administration of the Compact;

(2) Promulgate rules that shall be binding to the extent and in the manner provided for in the Compact;

(3) Issue, upon the request of a member state or member board, advisory opinions concerning the meaning or interpretation of the Compact, its bylaws, rules, and actions;

(4) Enforce compliance with Compact provisions, the rules promulgated by the Interstate Commission, and the bylaws, using all necessary and proper means, including but not limited to the use of judicial process;

(5) Establish and appoint committees including, but not limited to, an executive committee as required by section 1420k of this subchapter, which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties;

(6) Pay or provide for the payment of the expenses related to the establishment, organization, and ongoing activities of the Interstate Commission;

(7) Establish and maintain one or more offices;

(8) Borrow, accept, hire, or contract for services of personnel;

(9) Purchase and maintain insurance and bonds;

(10) Employ an executive director who shall have such powers to employ, select, or appoint employees, agents, or consultants and to determine their qualifications, define their duties, and fix their compensation;

(11) Establish personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel;

(12) Accept donations and grants of money, equipment, supplies, materials, and services and to receive, utilize, and dispose of it in a manner consistent with the conflict-of-interest policies established by the Interstate Commission;

(13) Lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use, any property, real, personal, or mixed;

(14) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;

(15) Establish a budget and make expenditures;

(16) Adopt a seal and bylaws governing the management and operation of the Interstate Commission;

(17) Report annually to the legislatures and governors of the member states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include reports of financial audits and any recommendations that may have been adopted by the Interstate Commission;

(18) Coordinate education, training, and public awareness regarding the Compact, its implementation, and its operation;

(19) Maintain records in accordance with the bylaws;

(20) Seek and obtain trademarks, copyrights, and patents; and

(21) Perform such functions as may be necessary or appropriate to achieve the purposes of the Compact.

(Added 2017, No. 115 (Adj. Sess.), § 1, eff. Jan. 1, 2020.)

§ 1420m Finance powers

(a) The Interstate Commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff. The total assessment must be sufficient to cover the annual budget approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated upon a formula to be determined by the Interstate Commission, which shall promulgate a rule binding upon all member states.

(b) The Interstate Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same.

(c) The Interstate Commission shall not pledge the credit of any of the member states, except by, and with the authority of, the member state.

(d) The Interstate Commission shall be subject to a yearly financial audit conducted by a certified or licensed public accountant and the report of the audit shall be included in the annual report of the Interstate Commission.

(Added 2017, No. 115 (Adj. Sess.), § 1, eff. Jan. 1, 2020.)

§ 1420n Organization and operation of the Interstate Commission

(a) The Interstate Commission shall, by a majority of the Commissioners present and voting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the Compact within 12 months of the first Interstate Commission meeting.

(b) The Interstate Commission shall elect or appoint annually from among its Commissioners a chairperson, a vice chairperson, and a treasurer, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson, or in the chairperson’s absence or disability, the vice chairperson, shall preside at all meetings of the Interstate Commission.

(d) The officers and employees of the Interstate Commission shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of, or relating to, an actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of Interstate Commission employment, duties, or responsibilities; provided that such person shall not be protected from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.

(1) The liability of the executive director and employees of the Interstate Commission or representatives of the Interstate Commission, acting within the scope of such person’s employment or duties for acts, errors, or omissions occurring within such person’s state, may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees, and agents. The Interstate Commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.

(2) The Interstate Commission shall defend the executive director, its employees, and subject to the approval of the attorney general or other appropriate legal counsel of the member state represented by an Interstate Commission representative, shall defend such Interstate Commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.

(3) To the extent not covered by the state involved, member state, or the Interstate Commission, the representatives or employees of the Interstate Commission shall be held harmless in the amount of a settlement or judgment, including attorney’s fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.

(Added 2017, No. 115 (Adj. Sess.), § 1, eff. Jan. 1, 2020.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

Subchapter 4 Professional Liability

§ 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.)

§ 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.)

§ 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.)

§ 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.)

Subchapter 5 Quality Assurance Data

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 1449 Repealed

[Repealed]

2009, No. 33, § 83(k).

Chapter 25 Nurses

Subchapter 1 Board of Registration of Nurses

§§ 1451-1460 Repealed

[Repealed]

1961, No. 184, § 13, eff. June 28, 1961.

Subchapter 2 Registered Nurses

§§ 1491-1500 Repealed

[Repealed]

1961, No. 184, § 13, eff. June 28, 1961.

Subchapter 3 Practical Nurses

§§ 1531-1545 Repealed

[Repealed]

1961, No. 184, § 13, eff. June 28, 1961.

Chapter 27 Nursing

§§ 1551-1562 Repealed

[Repealed]

1979, No. 192 (Adj. Sess.), § 2.

Chapter 28 Nursing

Subchapter 1 General Provisions

§ 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.)

§ 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.

(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;

(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.)

§ 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.

(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.)

§ 1573a Repealed

[Repealed]

2015, No. 38, § 7, eff. May 28, 2015.

§ 1574 Powers and duties

(a) In addition to the powers granted by 3 V.S.A. § 129, the Board shall:

(1) Hold annual meetings at which it shall elect a chair, a vice chair, and a secretary from its members; and hold such other meetings as may be deemed necessary to transact its business.

(2) Adopt rules necessary to perform its duties under this chapter.

(3) Adopt rules setting standards for approval of medication nursing assistant and nursing education programs in Vermont, including all clinical facilities. The Board may require reimbursement for actual and necessary costs incurred for site surveys.

(A) After an opportunity for a hearing, the Board may deny or withdraw approval or take lesser action when a program fails to meet the rules requirements.

(B) The Board may reinstate a program whose approval has been denied or withdrawn when the Board is satisfied that deficiencies have been remedied and the requirements have been met.

(i) rely upon the standards of recognized national accrediting bodies without duplicating the function of those bodies;

(ii) call for the annual reporting of data, including graduation rates and examination pass rates, appropriate to verify that programs are capable of meeting national standards and sustaining responsible operation in the interests of the public; and

(iii) be waivable by the Director of Professional Regulation if the Director finds that a program has exhausted reasonable efforts to comply and that such waiver will not compromise a program’s educational integrity.

(4) [Repealed.]

(5) Adopt rules setting standards required for licensure as a nursing assistant, practical nurse, registered nurse, or advanced practice registered nurse, and for endorsement of those nurses in special areas of nursing practice that require additional education and experience.

(6) Examine, license, and renew the licenses of duly qualified applicants and keep a record of all persons currently licensed as nursing assistants, practical nurses, registered nurses, and advanced practice registered nurses.

(7) Adopt rules setting continued competency and ongoing practice requirements for licensure and renewal.

(8) Adopt rules for and approve education programs for the benefit of nurses who are reentering practice following a lapse of five or more years.

(9) Investigate complaints of unauthorized practice or unprofessional conduct or incompetency against any person and take proper action under section 1582 or 1584 of this chapter, as the case may be.

(10) Adopt rules establishing a program to serve as an alternative to the disciplinary process for nurses and nursing assistants with chemical dependencies or other professional practice issues as designated by the Board.

(b) In consultation with the Board, the Director of the Office of Professional Regulation may employ an Executive Director of the Board and contract for such persons as may be necessary to carry out the work of the Board.

(Added 1979, No. 192 (Adj. Sess.), § 1; amended 1993, No. 201 (Adj. Sess.), § 1; 2007, No. 29, § 25; 2009, No. 103 (Adj. Sess.), § 10; 2015, No. 38, § 7, eff. May 28, 2015; 2019, No. 30, § 11; 2019, No. 178 (Adj. Sess.), § 7, eff. Oct. 1, 2020; 2023, No. 158 (Adj. Sess.), § 9, eff. June 6, 2024.)

§§ 1575, 1576 Repealed

[Repealed]

2015, No. 38, § 7, eff. May 28, 2015.

§ 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.)

§ 1578 Repealed

[Repealed]

2015, No. 38, § 7, eff. May 28, 2015.

§ 1579 Repealed

[Repealed]

2017, No. 144 (Adj. Sess.), § 18.

§ 1580 Repealed

[Repealed]

1993, No. 201 (Adj. Sess.), §§ 1, 3.

§ 1581 Repealed

[Repealed]

2015, No. 38, § 7, eff. May 28, 2015.

§ 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.)

§ 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.)

§ 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.

(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.)

§ 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.)

Subchapter 2 Advanced Practice Registered Nurses

§§ 1591-1601 Repealed

[Repealed]

2015, No. 38, § 8, eff. May 28, 2015.

§ 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

(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.)

§ 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.)

§ 1612 Repealed

[Repealed]

2017, No. 144 (Adj. Sess.), § 18.

§ 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.)

§ 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.)

§ 1615 Advanced practice registered nurses; regulatory authority; unprofessional conduct

(a) In addition to the provisions of 3 V.S.A. § 129a and section 1582 of this chapter, the Board may deny an application for licensure, renewal, or reinstatement or may revoke, suspend, or otherwise discipline an advanced practice registered nurse upon due notice and opportunity for hearing if the person engages in the following conduct:

(1) Abandonment of a patient in violation of the duty to maintain a provider-patient relationship within the reasonable expectations of continuing care or referral.

(2) Solicitation of professional patronage by agents or persons or profiting from the acts of those representing themselves to be agents of the licensed APRN.

(3) Division of fees or agreeing to split or divide the fees received for professional services for any person for bringing or referring a patient.

(4) Practice beyond those acts and situations that are within the limits of the knowledge and experience of the APRN, and, for an APRN who is practicing under a collaborative agreement, practice beyond those acts and situations that are within both the usual scope of the collaborating provider’s practice and the terms of the collaborative agreement.

(5) For an APRN who acts as the collaborating provider for an APRN who is practicing under a collaboration agreement, allowing the mentored APRN to perform a medical act that is outside the usual scope of the mentor’s own practice or that the mentored APRN is not qualified to perform by training or experience or that is not consistent with the requirements of this chapter and the rules of the Board.

(6) Except as otherwise provided in subsection (b) of this section, providing, prescribing, dispensing, or furnishing medical services or prescription medication or prescription-only devices to a person in response to any communication transmitted or received by computer or other electronic means when the licensee fails to take the following actions to establish and maintain a proper provider-patient relationship:

(A) a reasonable effort to verify that the person requesting medication is in fact the patient and is in fact who the person claims to be;

(B) establishment of documented diagnosis through the use of accepted medical practices; and

(7) Prescribing, selling, administering, distributing, ordering, or dispensing any drug legally classified as a controlled substance for his or her own use or for an immediate family member.

(8) Signing a blank or undated prescription form.

(9) Administering or promoting the sale of medication, devices, appliances, or other patient goods and services in a manner that exploits the patient.

(10) Selling, prescribing, giving away, or administering drugs for other than legal and legitimate therapeutic purposes.

(11) Agreeing with clinical or bioanalytical laboratories to make payments to such laboratories for individual tests or test series for patients, unless the APRN discloses on the bills to patients or third party payers the name of such laboratory, the amount or amounts to such laboratory for individual tests or test series, and the amount of his or her processing charge or procurement, if any, for each specimen taken.

(12) Willful misrepresentation in treatments.

(13) 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.

(b)(1) For the purposes of subdivision (a)(6) of this section, an electronic, online, or telephonic evaluation by questionnaire is inadequate for the initial evaluation of the patient, except as otherwise provided in subdivision (2)(D) of this subsection.

(2) The following would not be in violation of subdivision (a)(6) of this section:

(A) initial admission orders for newly hospitalized patients;

(B) prescribing for a patient of another provider for whom the prescriber has taken call;

(C) prescribing for a patient examined by a licensed APRN, physician assistant, or other practitioner authorized by law and supported by the APRN;

(D) in furtherance of 18 V.S.A. chapter 223, prescribing medication for an individual to terminate the individual’s pregnancy based on an adaptive questionnaire developed by or in consultation with health care providers with clinically appropriate expertise that allows the licensee to obtain additional medical history and ask follow-up questions as needed;

(E) continuing medication on a short-term basis for a new patient prior to the patient’s first appointment; or

(F) emergency situations where the life or health of the patient is in imminent danger.

(Added 2011, No. 66, § 5, eff. June 1, 2011; amended 2015, No. 38, § 9, eff. May 28, 2015; 2017, No. 144 (Adj. Sess.), § 18; 2025, No. 20, § 11, eff. May 13, 2025.)

§ 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.)

§ 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.)

Subchapter 3 Registered Nurses and Practical Nurses

§ 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.)

Subchapter 4 Nursing Assistants

§§ 1621-1624 Repealed

[Repealed]

2015, No. 38, § 10, eff. May 28, 2015.

§ 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.

(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;

(D) the National Guard of any state.

(Added 2015, No. 38, § 11, eff. May 28, 2015; amended 2017, No. 119 (Adj. Sess.), § 4; 2017, No. 144 (Adj. Sess.), § 18.)

§ 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.)

§ 1624 Registered nurse license renewal

To renew a license, a registered nurse shall meet continued competency requirements set by the Board by rule.

(Added 2015, No. 38, § 11, eff. May 28, 2015; amended 2023, No. 158 (Adj. Sess.), § 9, eff. June 6, 2024.)

§ 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.)

§ 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.)

§ 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.)

§ 1628 Practical nurse license renewal

To renew a license, a practical nurse shall meet continued competency requirements set by the Board by rule.

(Added 2015, No. 38, § 11, eff. May 28, 2015; amended 2023, No. 158 (Adj. Sess.), § 9, eff. June 6, 2024.)

§ 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.)

§ 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

(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.)

§ 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.)

§ 1643 Nursing assistant licensure by endorsement

(a) The Board may issue a license to practice as a nursing assistant to an applicant who:

(1) is licensed or registered in another U.S. jurisdiction; and

(2) has met the 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 nursing assistant to an applicant who:

(1) is a service member or a veteran;

(2) has received designation by the U.S. Armed Forces as a 68W Combat Medic Specialist or equivalent; and

(3) is certified as a National Registry Emergency Medical Technician.

(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;

(D) the National Guard of any state.

(Added 2015, No. 38, § 14, eff. May 28, 2015; amended 2017, No. 119 (Adj. Sess.), § 5.)

§ 1644 Prohibitions; offenses

(a) A person shall not use any letters, words, or insignia in connection with the person’s name that indicate or imply that the person is a nursing assistant unless the person is licensed in accordance with this subchapter.

(b) A person shall not practice nursing or nursing-related functions as defined in section 1641 of this subchapter without being licensed by the Board.

(Added 2015, No. 38, § 14, eff. May 28, 2015.)

§ 1645 Renewal

(a) To renew a license, a nursing assistant shall meet ongoing practice requirements set by the Board by rule.

(b) The Board shall credit as ongoing practice those activities, regardless of title or obligation to hold a license, that reasonably tend to reinforce the training and skills of a licensee.

(c)(1) A licensee seeking to renew an expired or lapsed license after fewer than five years of absence from practice shall repeat and pass the competency examinations approved by the Department of Disabilities, Aging, and Independent Living before licensure renewal.

(2) A licensee who does not pass the competency examinations shall repeat a nursing assistant education program and competency examination.

(Added 2015, No. 38, § 14, eff. May 28, 2015; amended 2017, No. 144 (Adj. Sess.), § 18; 2023, No. 158 (Adj. Sess.), § 9, eff. June 6, 2024; 2025, No. 58, § 8, eff. July 1, 2025.)

§ 1646 Exemptions

(a) Nothing in this subchapter shall be construed to prohibit other licensed or certified professionals from carrying on in the usual manner any of the functions of their professions.

(b) This subchapter does not prohibit the performance of nursing or nursing-related functions that are incidental to their program of study by persons enrolled in approved nursing assistant education and competency evaluation programs.

(c) Nothing in this subchapter shall be construed to conflict with the administration of medication by nonlicensees pursuant to the residential care home licensing rules adopted by the Department of Disabilities, Aging, and Independent Living.

(Added 2015, No. 38, § 14, eff. May 28, 2015.)

Subchapter 5 Nurse Licensure Compact

§ 1647 Nurse Licensure Compact; adoption

This subchapter is the Vermont adoption of the Nurse Licensure Compact as amended by the National Council of State Boards of Nursing. The form, format, and text of the Compact have been conformed to the conventions of the Vermont Statutes Annotated. It is the intent of the General Assembly that this subchapter be interpreted as substantively the same as the Nurse Licensure Compact that is enacted by other Compact party states.

(Added 2021, No. 64, § 1, eff. Feb. 1, 2022.)

§ 1647a Findings and declaration of purpose

(a) The party states find that:

(1) The health and safety of the public are affected by the degree of compliance with and the effectiveness of enforcement activities related to state nurse licensure laws.

(2) Violations of nurse licensure and other laws regulating the practice of nursing may result in injury or harm to the public.

(3) The expanded mobility of nurses and the use of advanced communication technologies as part of our nation’s health care delivery system require greater coordination and cooperation among states in the areas of nurse licensure and regulation.

(4) New practice modalities and technology make compliance with individual state nurse licensure laws difficult and complex.

(5) The current system of duplicative licensure for nurses practicing in multiple states is cumbersome and redundant for both nurses and states.

(6) Uniformity of nurse licensure requirements throughout the states promotes public safety and public health benefits.

(b) The general purposes of this Compact are to:

(1) Facilitate the states’ responsibility to protect the public’s health and safety.

(2) Ensure and encourage the cooperation of party states in the areas of nurse licensure and regulation.

(3) Facilitate the exchange of information between party states in the areas of nurse regulation, investigation, and adverse actions.

(4) Promote compliance with the laws governing the practice of nursing in each jurisdiction.

(5) Invest all party states with the authority to hold a nurse accountable for meeting all state practice laws in the state in which the patient is located at the time care is rendered through the mutual recognition of party state licenses.

(6) Decrease redundancies in the consideration and issuance of nurse licenses.

(7) Provide opportunities for interstate practice by nurses who meet uniform licensure requirements.

(Added 2021, No. 64, § 1, eff. Feb. 1, 2022.)

§ 1647b Definitions

As used in this subchapter:

(1) “Adverse action” means any administrative, civil, equitable, or criminal action permitted by a state’s laws that is imposed by a licensing board or other authority against a nurse, including actions against an individual’s license or multistate licensure privilege, such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee’s practice, or any other encumbrance on licensure affecting a nurse’s authorization to practice, including issuance of a cease and desist action.

(2) “Alternative program” means a nondisciplinary monitoring program approved by a licensing board.

(3) “Commission” means the Interstate Commission of Nurse Licensure Compact Administrators.

(4) “Coordinated licensure information system” means an integrated process for collecting, storing, and sharing information on nurse licensure and enforcement activities related to nurse licensure laws that is administered by a nonprofit organization composed of and controlled by licensing boards.

(5) “Current significant investigative information” means:

(A) investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the nurse to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or

(B) investigative information that indicates that the nurse represents an immediate threat to public health and safety regardless of whether the nurse has been notified and had an opportunity to respond.

(6) “Encumbrance” means a revocation or suspension of, or any limitation on, the full and unrestricted practice of nursing imposed by a licensing board.

(7) “Home state” means the party state that is the nurse’s primary state of residence.

(8) “Licensing board” means a party state’s regulatory body responsible for issuing nurse licenses.

(9) “Multistate license” means a license to practice as a registered nurse (RN) or a licensed practical or vocational nurse (LPN/VN) issued by a home state licensing board that authorizes the licensed nurse to practice in all party states under a multistate licensure privilege.

(10) “Multistate licensure privilege” means a legal authorization associated with a multistate license permitting the practice of nursing as either an RN or LPN/VN in a remote state.

(11) “Nurse” means RN or LPN/VN, as those terms are defined by each party state’s practice laws.

(12) “Party state” means any state that has adopted this Compact.

(13) “Remote state” means a party state other than the home state.

(14) “Single-state license” means a nurse license issued by a party state that authorizes practice only within the issuing state and does not include a multistate licensure privilege to practice in any other party state.

(15) “State” means a state, territory, or possession of the United States and the District of Columbia.

(16) “State practice laws” means a party state’s laws, rules, and regulations that govern the practice of nursing, define the scope of nursing practice, and create the methods and grounds for imposing discipline. “State practice laws” do not include requirements necessary to obtain and retain a license, except for qualifications or requirements of the home state.

(Added 2021, No. 64, § 1, eff. Feb. 1, 2022.)

§ 1647c General provisions and jurisdiction

(a) A multistate license to practice registered or licensed practical or vocational nursing issued by a home state to a resident in that state will be recognized by each party state as authorizing a nurse to practice as an RN or LPN/VN, under a multistate licensure privilege, in each party state.

(b) A state must implement procedures for considering the criminal history records of applicants for initial multistate license or licensure by endorsement. Such procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant’s criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal records.

(c) Each party state shall require the following for an applicant to obtain or retain a multistate license in the home state:

(1) meets the home state’s qualifications for licensure or renewal of licensure as well as all other applicable state laws;

(2)(A) has graduated or is eligible to graduate from a licensing board-approved RN or LPN/VN pre-licensure education program; or

(B) has graduated from a foreign RN or LPN/VN pre-licensure education program that has been:

(i) approved by the authorized accrediting body in the applicable country; and

(ii) verified by an independent credentials review agency to be comparable to a licensing board-approved pre-licensure education program;

(3) has, if a graduate of a foreign pre-licensure education program not taught in English or if English is not the individual’s native language, successfully passed an English proficiency examination that includes the components of reading, speaking, writing, and listening;

(4) has successfully passed an NCLEX-RN or NCLEX-PN Examination or recognized predecessor, as applicable;

(5) is eligible for or holds an active, unencumbered license;

(6) has submitted, in connection with an application for initial licensure or licensure by endorsement, fingerprints or other biometric data for the purpose of obtaining criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal records;

(7) has not been convicted or found guilty, or has entered into an agreed disposition, of a felony offense under applicable state or federal criminal law;

(8) has not been convicted or found guilty, or has entered into an agreed disposition, of a misdemeanor offense related to the practice of nursing as determined on a case-by-case basis;

(9) is not currently enrolled in an alternative program;

(10) is subject to self-disclosure requirements regarding current participation in an alternative program; and

(11) has a valid U.S. Social Security number.

(d) All party states shall be authorized, in accordance with existing state due process law, to take adverse action against a nurse’s multistate licensure privilege, such as revocation, suspension, probation, or any other action that affects a nurse’s authorization to practice under a multistate licensure privilege, including cease and desist actions. If a party state takes such action, it shall promptly notify the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the home state of any such actions by remote states.

(e) A nurse practicing in a party state must comply with the state practice laws of the state in which the client is located at the time service is provided. The practice of nursing is not limited to patient care but shall include all nursing practice as defined by the state practice laws of the party state in which the client is located. The practice of nursing in a party state under a multistate licensure privilege will subject a nurse to the jurisdiction of the licensing board, the courts, and the laws of the party state in which the client is located at the time service is provided.

(f) Individuals not residing in a party state shall continue to be able to apply for a party state’s single-state license as provided under the laws of each party state. However, the single-state license granted to these individuals will not be recognized as granting the privilege to practice nursing in any other party state. Nothing in this Compact shall affect the requirements established by a party state for the issuance of a single-state license.

(g) Any nurse holding a home state multistate license on the effective date of this Compact may retain and renew the multistate license issued by the nurse’s then-current home state, provided that:

(1) A nurse who changes primary state of residence after this Compact’s effective date must meet all applicable requirements of subsection (c) of this section to obtain a multistate license from a new home state.

(2) A nurse who fails to satisfy the multistate licensure requirements in subsection (c) of this section due to a disqualifying event occurring after this Compact’s effective date shall be ineligible to retain or renew a multistate license, and the nurse’s multistate license shall be revoked or deactivated in accordance with applicable rules adopted by the Interstate Commission of Nurse Licensure Compact Administrators.

(Added 2021, No. 64, § 1, eff. Feb. 1, 2022.)

§ 1647d Applications for licensure in a party state

(a) Upon application for a multistate license, the licensing board in the issuing party state shall ascertain, through the coordinated licensure information system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or multistate licensure privilege held by the applicant, whether any adverse action has been taken against any license or multistate licensure privilege held by the applicant, and whether the applicant is currently participating in an alternative program.

(b) A nurse may hold a multistate license, issued by the home state, in only one party state at a time.

(c) If a nurse changes primary state of residence by moving between two party states, the nurse must apply for licensure in the new home state, and the multistate license issued by the prior home state will be deactivated in accordance with applicable rules adopted by the Commission.

(1) The nurse may apply for licensure in advance of a change in primary state of residence.

(2) A multistate license shall not be issued by the new home state until the nurse provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a multistate license from the new home state.

(d) If a nurse changes primary state of residence by moving from a party state to a non-party state, the multistate license issued by the prior home state will convert to a single-state license, valid only in the former home state.

(Added 2021, No. 64, § 1, eff. Feb. 1, 2022.)

§ 1647e Additional authority invested in party state licensing boards

(a) In addition to the other powers conferred by state law, a licensing board shall have the authority to:

(1) Take adverse action against a nurse’s multistate licensure privilege to practice within that party state.

(A) Only the home state shall have the power to take adverse action against a nurse’s license issued by the home state.

(B) For purposes of taking adverse action, the home state licensing board shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.

(2) Issue cease and desist orders or impose an encumbrance on a nurse’s authority to practice within that party state.

(3) Complete any pending investigations of a nurse who changes primary state of residence during the course of such investigations. The licensing board shall also have the authority to take appropriate action and shall promptly report the conclusions of such investigations to the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any such actions.

(4) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing board in a party state for the attendance and testimony of witnesses or the production of evidence from another party state shall be enforced in the latter state by any court of competent jurisdiction according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence is located.

(5) Obtain and submit, for each nurse licensure applicant, fingerprint or other biometric-based information to the Federal Bureau of Investigation for criminal background checks, receive the results of the Federal Bureau of Investigation record search on criminal background checks, and use the results in making licensure decisions.

(6) If otherwise permitted by state law, recover from the affected nurse the costs of investigations and disposition of cases resulting from any adverse action taken against that nurse.

(7) Take adverse action based on the factual findings of the remote state, provided that the licensing board follows its own procedures for taking such adverse action.

(b) If adverse action is taken by the home state against a nurse’s multistate license, the nurse’s multistate licensure privilege to practice in all other party states shall be deactivated until all encumbrances have been removed from the multistate license. All home state disciplinary orders that impose adverse action against a nurse’s multistate license shall include a statement that the nurse’s multistate licensure privilege is deactivated in all party states during the pendency of the order.

(c) Nothing in this Compact shall override a party state’s decision that participation in an alternative program may be used in lieu of adverse action. The home state licensing board shall deactivate the multistate licensure privilege under the multistate license of any nurse for the duration of the nurse’s participation in an alternative program.

(Added 2021, No. 64, § 1, eff. Feb. 1, 2022.)

§ 1647f Coordinated licensure information system

(a) All party states shall participate in a coordinated licensure information system of all licensed RNs and LPNs/VNs. This system will include information on the licensure and disciplinary history of each nurse, as submitted by party states, to assist in the coordination of nurse licensure and enforcement efforts.

(b) The Commission, in consultation with the administrator of the coordinated licensure information system, shall formulate necessary and proper procedures for the identification, collection, and exchange of information under this Compact.

(c) All licensing boards shall promptly report to the coordinated licensure information system any adverse action, current significant investigative information, denials of applications with the reasons for such denials, and nurse participation in alternative programs known to the licensing board regardless of whether such participation is deemed nonpublic or confidential under state law.

(d) Current significant investigative information and participation in nonpublic or confidential alternative programs shall be transmitted through the coordinated licensure information system only to party state licensing boards.

(e) Notwithstanding any other provision of law, all party state licensing boards contributing information to the coordinated licensure information system may designate information that may not be shared with non-party states or disclosed to other entities or individuals without the express permission of the contributing state.

(f) Any personally identifiable information obtained from the coordinated licensure information system by a party state licensing board shall not be shared with non-party states or disclosed to other entities or individuals except to the extent permitted by the laws of the party state contributing the information.

(g) Any information contributed to the coordinated licensure information system that is subsequently required to be expunged by the laws of the party state contributing that information shall also be expunged from the coordinated licensure information system.

(h) The Compact administrator of each party state shall furnish a uniform data set to the Compact administrator of each other party state, which shall include, at a minimum:

(1) identifying information;

(2) licensure data;

(3) information related to alternative program participation; and

(4) other information that may facilitate the administration of this Compact, as determined by Commission rules.

(i) The Compact administrator of a party state shall provide all investigative documents and information requested by another party state.

(Added 2021, No. 64, § 1, eff. Feb. 1, 2022.)

§ 1647g Interstate Commission of Nurse Licensure Compact Administrators; establishment

(a) The party states hereby create and establish a joint public entity known as the Interstate Commission of Nurse Licensure Compact Administrators.

(1) The Commission is an instrumentality of the party states.

(2) Venue is proper, and judicial proceedings by or against the Commission shall be brought solely and exclusively, in a court of competent jurisdiction, where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.

(3) Nothing in this Compact shall be construed to be a waiver of sovereign immunity.

(b) Membership, voting, and meetings.

(1) Each party state shall have and be limited to one administrator. The head of the state licensing board or designee shall be the administrator of this Compact for each party state. Any administrator may be removed or suspended from office as provided by the law of the state from which the administrator is appointed. Any vacancy occurring in the Commission shall be filled in accordance with the laws of the party state in which the vacancy exists.

(2) Each administrator shall be entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission. An administrator shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for an administrator’s participation in meetings by telephone or other means of communication.

(3) The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws or rules of the Commission.

(4) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in section 1647h of this chapter.

(5) The Commission may convene in a closed, nonpublic meeting if the Commission must discuss:

(A) noncompliance of a party state with its obligations under this Compact;

(B) the employment, compensation, discipline, or other personnel matters, practices, or procedures related to specific employees or other matters related to the Commission’s internal personnel practices and procedures;

(D) negotiation of contracts for the purchase or sale of goods, services, or real estate;

(E) accusing any person of a crime or formally censuring any person;

(F) disclosure of trade secrets or commercial or financial information that is privileged or confidential;

(G) disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

(H) disclosure of investigatory records compiled for law enforcement purposes;

(I) disclosure of information related to any reports prepared by or on behalf of the Commission for the purpose of investigation of compliance with this Compact; or

(J) matters specifically exempted from disclosure by federal or state statute.

(6) If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.

(c) The Commission shall, by a majority vote of the administrators, prescribe bylaws or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of this Compact, including, but not limited to:

(1) Establishing the fiscal year of the Commission.

(2) Providing reasonable standards and procedures:

(A) for the establishment and meetings of other committees; and

(B) governing any general or specific delegation of any authority or function of the Commission.

(3) Providing reasonable procedures for calling and conducting meetings of the Commission, ensuring reasonable advance notice of all meetings, and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public’s interest, the privacy of individuals, and proprietary information, including trade secrets. The Commission may meet in closed session only after a majority of the administrators vote to close a meeting in whole or in part. As soon as practicable, the Commission must make public a copy of the vote to close the meeting, revealing the vote of each administrator, with no proxy votes allowed.

(4) Establishing the titles, duties, and authority and reasonable procedures for the election of the officers of the Commission.

(5) Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Commission. Notwithstanding any civil service or other similar laws of any party state, the bylaws shall exclusively govern the personnel policies and programs of the Commission.

(6) Providing a mechanism for winding up the operations of the Commission and the equitable disposition of any surplus funds that may exist after the termination of this Compact after the payment or reserving of all of its debts and obligations.

(d) The Commission shall publish its bylaws and rules, and any amendments thereto, in a convenient form on the website of the Commission.

(e) The Commission shall maintain its financial records in accordance with the bylaws.

(f) The Commission shall meet and take such actions as are consistent with the provisions of this Compact and the bylaws.

(g) The Commission shall have the following powers:

(1) To promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact. The rules shall have the force and effect of law and shall be binding in all party states.

(2) To bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any licensing board to sue or be sued under applicable law shall not be affected.

(3) To purchase and maintain insurance and bonds.

(4) To borrow, accept, or contract for services of personnel, including, but not limited to, employees of a party state or nonprofit organizations.

(5) To cooperate with other organizations that administer state compacts related to the regulation of nursing, including, but not limited to, sharing administrative or staff expenses, office space, or other resources.

(6) To hire employees, elect or appoint officers, fix compensation, define duties, and grant such individuals appropriate authority to carry out the purposes of this Compact and to establish the Commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters.

(7) To accept any and all appropriate donations, grants, and gifts of money, equipment, supplies, materials, and services and to receive, utilize, and dispose of the same, provided that at all times the Commission shall avoid any appearance of impropriety or conflict of interest.

(8) To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve, or use any property, whether real, personal, or mixed, provided that at all times the Commission shall avoid any appearance of impropriety.

(9) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, whether real, personal, or mixed.

(10) To establish a budget and make expenditures.

(11) To borrow money.

(12) To appoint committees, including advisory committees composed of administrators, state nursing regulators, state legislators or their representatives, consumer representatives, and other such interested persons.

(13) To provide and receive information from, and to cooperate with, law enforcement agencies.

(14) To adopt and use an official seal.

(15) To perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of nurse licensure and practice.

(h) Financing of the Commission.

(1) The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.

(2) The Commission may also levy on and collect an annual assessment from each party state to cover the cost of its operations, activities, and staff in its annual budget as approved each year. The aggregate annual assessment amount, if any, shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a rule that is binding upon all party states.

(3) The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same, nor shall the Commission pledge the credit of any of the party states, except by, and with the authority of, such party state.

(4) The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission.

(i) Qualified immunity, defense, and indemnification.

(1) The administrators, officers, executive director, employees, and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of Commission employment, duties, or responsibilities, provided that nothing in this subsection shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional, willful, or wanton misconduct of that person.

(2) The Commission shall defend any administrator, officer, executive director, employee, or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel, and provided further that the actual or alleged act, error, or omission did not result from that person’s intentional, willful, or wanton misconduct.

(3) The Commission shall indemnify and hold harmless any administrator, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional, willful, or wanton misconduct of that person.

(Added 2021, No. 64, § 1, eff. Feb. 1, 2022.)

§ 1647h Rulemaking

(a) The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment and shall have the same force and effect as provisions of this Compact.

(b) Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission.

(c) Prior to promulgation and adoption of a final rule or rules by the Commission, and at least 60 days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a notice of proposed rulemaking:

(1) on the website of the Commission; and

(2) on the website of each licensing board or the publication in which each state would otherwise publish proposed rules.

(d) The notice of proposed rulemaking shall include:

(1) the proposed time, date, and location of the meeting in which the rule will be considered and voted upon;

(2) the text of the proposed rule or amendment and the reason for the proposed rule;

(3) a request for comments on the proposed rule from any interested person; and

(4) the manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.

(e) Prior to adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.

(f) The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment.

(g) The Commission shall publish the place, time, and date of the scheduled public hearing.

(1) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. All hearings will be recorded, and a copy will be made available upon request.

(2) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.

(h) If no one appears at the public hearing, the Commission may proceed with promulgation of the proposed rule.

(i) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.

(j) The Commission shall, by majority vote of all administrators, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.

(k) Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in this Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:

(1) meet an imminent threat to public health, safety, or welfare;

(2) prevent a loss of Commission or party state funds; or

(3) meet a deadline for the promulgation of an administrative rule that is required by federal law or rule.

(l) The Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.

(Added 2021, No. 64, § 1, eff. Feb. 1, 2022.)

§ 1647i Oversight, dispute resolution, and enforcement

(a) Oversight.

(1) Each party state shall enforce this Compact and take all actions necessary and appropriate to effectuate this Compact’s purposes and intent.

(2) The Commission shall be entitled to receive service of process in any proceeding that may affect the powers, responsibilities, or actions of the Commission and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process in such proceeding to the Commission shall render a judgment or order void as to the Commission, this Compact, or promulgated rules.

(b) Default, technical assistance, and termination.

(1) If the Commission determines that a party state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall:

(A) provide written notice to the defaulting state and other party states of the nature of the default, the proposed means of curing the default, or any other action to be taken by the Commission; and

(B) provide remedial training and specific technical assistance regarding the default.

(2) If a state in default fails to cure the default, the defaulting state’s membership in this Compact may be terminated upon an affirmative vote of a majority of the administrators, and all rights, privileges, and benefits conferred by this Compact may be terminated 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 default.

(3) Termination of membership in this Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor of the defaulting state and to the executive officer of the defaulting state’s licensing board and each of the party states.

(4) A state whose membership in this Compact has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.

(5) The Commission shall not bear any costs related to a state that is found to be in default or whose membership in this Compact has been terminated unless agreed upon in writing between the Commission and the defaulting state.

(6) The defaulting state may appeal the action of the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district in which the Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney’s fees.

(1) Upon request by a party state, the Commission shall attempt to resolve disputes related to the Compact that arise among party states and between party and non-party states.

(2) The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes, as appropriate.

(3) In the event the Commission cannot resolve disputes among party states arising under this Compact:

(A) The party states may submit the issues in dispute to an arbitration panel, which will be composed of individuals appointed by the Compact administrator in each of the affected party states and an individual mutually agreed upon by the Compact administrators of all the party states involved in the dispute.

(B) The decision of a majority of the arbitrators shall be final and binding.

(d) Enforcement.

(1) The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact.

(2) By majority vote, the Commission may initiate legal action in the U.S. District Court for the District of Columbia or the federal district in which the Commission has its principal offices against a party state that is in default to enforce compliance with the provisions of this Compact and its promulgated rules and bylaws. 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.

(3) The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.

(Added 2021, No. 64, § 1, eff. Feb. 1, 2022.)

§ 1647j Effective date, withdrawal, and amendment

(a) This Compact shall become effective and binding on the earlier of the date of legislative enactment of this Compact into law by not fewer than 26 states or December 31, 2018. All party states to this Compact that also were parties to the prior Nurse Licensure Compact superseded by this Compact (“Prior Compact”) shall be deemed to have withdrawn from the Prior Compact within six months after the effective date of this Compact.

(b) Each party state to this Compact shall continue to recognize a nurse’s multistate licensure privilege to practice in that party state issued under the Prior Compact until such party state has withdrawn from the Prior Compact.

(c) Any party state may withdraw from this Compact by enacting a statute repealing the same. A party state’s withdrawal shall not take effect until six months after enactment of the repealing statute.

(d) A party state’s withdrawal or termination shall not affect the continuing requirement of the withdrawing or terminated state’s licensing board to report adverse actions and significant investigations occurring prior to the effective date of such withdrawal or termination.

(e) Nothing contained in this Compact shall be construed to invalidate or prevent any nurse licensure agreement or other cooperative arrangement between a party state and a non-party state that is made in accordance with the other provisions of this Compact.

(f) This Compact may be amended by the party states. No amendment to this Compact shall become effective and binding upon the party states unless and until it is enacted into the laws of all party states.

(g) Representatives of non-party states to this Compact shall be invited to participate in the activities of the Commission, on a nonvoting basis, prior to the adoption of this Compact by all states.

(Added 2021, No. 64, § 1, eff. Feb. 1, 2022.)

§ 1647k Construction and severability

This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable, and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any party state or of the United States, or if the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this Compact shall be held to be contrary to the constitution of any party state, this Compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.

(Added 2021, No. 64, § 1, eff. Feb. 1, 2022.)

§ 1648 Administration of the Nurse Licensure Compact

(a) The Vermont State Board of Nursing shall have the power to:

(1) oversee the administration and enforcement of the Nurse Licensure Compact within the State of Vermont;

(2) recover from a nurse practicing under the provisions of the Nurse Licensure Compact the cost of investigation and disposition of a case resulting in adverse action taken against that nurse; and

(3) conduct a background check, prior to issuing a multistate license under the provisions of the Nurse Licensure Compact, that includes a fingerprint-based check of State and federal criminal history databases, as authorized by 28 C.F.R. § 20.33.

(b) The Executive Director of the Vermont State Board of Nursing or designee shall be the administrator (State Administrator) of the Nurse Licensure Compact for the State of Vermont pursuant to subdivision 1647g(b)(1) of this subchapter.

(c) The State Administrator shall promptly, and prior to a vote of the Commission, notify the Commissioner of Finance and Management if the Commission proposes to pledge the credit of the State of Vermont under subdivision 1647g(h)(3) of this subchapter or in any way proposes to impose liability on the State of Vermont for an amount equal to or in excess of $100,000.00.

(d) The Vermont State Board of Nursing may:

(1) adopt rules necessary to implement and enforce the provisions of this subchapter within the State of Vermont; and

(2) take disciplinary action against the practice privilege of a nurse practicing within the State of Vermont under the provisions of the Nurse Licensure Compact, which may include disciplinary action based on disciplinary action taken against the nurse’s license by another party state to the Nurse Licensure Compact.

(e) Nothing in this subchapter shall supersede or abridge State labor laws.

(Added 2021, No. 64, § 1, eff. Feb. 1, 2022.)

Chapter 29 Anesthesiologist Assistants

Subchapter 1 General Provisions

§§ 1601-1606 Repealed

[Repealed]

1979, No. 158 (Adj. Sess.), § 2.

Subchapter 2 State Board of Examiners in Optometry

§§ 1641-1645 Repealed

[Repealed]

1979, No. 158 (Adj. Sess.), § 2.

§ 1651 Definitions

As used in this chapter:

(1) “Anesthesiologist” means a person licensed to practice medicine or osteopathy under chapter 23 or 33 of this title and who either has completed a residency in anesthesiology approved by the American Board of Anesthesiology or the American Osteopathic Board of Anesthesiology or their predecessors or successors or is credentialed by a hospital to practice anesthesiology and engages in the practice of anesthesiology at that hospital full time.

(2) “Anesthesiologist 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 an anesthesiologist.

(3) “Board” means the State Board of Medical Practice established under chapter 23 of this title.

(4) “Contract” means a legally binding written agreement containing the terms of employment of an anesthesiologist assistant.

(5) “Disciplinary action” means any action taken against a certified anesthesiologist assistant or an applicant by the Board 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.

(6) “NCCAA” means the National Commission for Certification of Anesthesiologist Assistants, or its successor, as recognized by the Board.

(7) “Protocol” means a detailed description of the duties and scope of practice delegated by an anesthesiologist to an anesthesiologist assistant.

(8) “Supervision” means the direction and review by the supervising physician, as determined to be appropriate by the Board, of the medical services provided by the anesthesiologist assistant. At a minimum, supervision shall mean that an anesthesiologist is readily available at the facility for consultation and intervention.

(Added 2003, No. 34, § 1, eff. May 23, 2003.)

§ 1652 Certification and rulemaking

The Board shall certify anesthesiologist assistants, and the Commissioner of Health shall adopt rules regarding the training, practice, supervision, qualification, scope of practice, places of practice, and protocols for anesthesiologist assistants, and patient notification and consent.

(Added 2003, No. 34, § 1, eff. May 23, 2003.)

§ 1653 Application

(a) Applications for certification shall be accompanied by an application by the proposed supervising anesthesiologist that shall contain a statement that the anesthesiologist shall be responsible for all professional activities of the anesthesiologist assistant.

(b) Applications for certification shall be accompanied by a protocol signed by the proposed supervising anesthesiologist and a copy of the anesthesiologist assistant employment contract.

(c) The applicant must submit to the Board any other information the Board considers necessary to evaluate the applicant’s qualifications.

(Added 2003, No. 34, § 1, eff. May 23, 2003.)

§ 1654 Eligibility

To be eligible for certification as an anesthesiologist assistant, an applicant shall have:

(1) obtained a master’s degree from a board-approved anesthesiologist assistant program at an institution of higher education accredited by the Committee on Allied Health Education and Accreditation, the Commission on Accreditation of Allied Health Education Programs, or their successor agencies, or graduated from a Board-approved anesthesiologist assistant program at an institution of higher education accredited by the Committee on Allied Health Education and Accreditation or the Commission of Accreditation of Allied Health Education Programs, prior to January 1, 1984;

(2) satisfactorily completed the certification examination given by the NCCAA and be currently certified by the NCCAA; and

[Subdivision (3) effective 60 days after the adoption of board rules.]

(3) if the applicant has not engaged in practice as an anesthesiologist assistant within the last three years, complied with the requirements for updating knowledge and skills as defined by Board rules.

(Added 2003, No. 34, § 1, eff. May 23, 2003; amended 2011, No. 61, § 3, eff. June 2, 2011.)

§ 1655 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 section 1654 of this title.

(b) Temporary certification may be issued only for the purpose of allowing an otherwise qualified applicant to practice as an anesthesiologist assistant until the applicant takes and passes the next NCCAA examination, and a determination is made of his or her qualifications to practice in this State.

(c) Temporary certification shall be issued on 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 2003, No. 34, § 1, eff. May 23, 2003.)

§ 1656 Renewal of certification

(a) Certifications shall be renewed every two years. At least one month prior to the date on which renewal is required, the Board shall send to each anesthesiologist assistant a renewal application form and notice of the date on which the existing certification will expire. On or before the renewal date, the anesthesiologist assistant shall file an application for renewal, pay the required fee, and submit proof of current active NCCAA certification. 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 such 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 2003, No. 34, § 1, eff. May 23, 2003; amended 2011, No. 61, § 3, eff. June 2, 2011.)

§ 1657 Supervision and scope of practice

(a) The number of anesthesiologist assistants permitted to practice under the direction and supervision of a physician shall be determined by the Board after review of the system of care delivery in which the supervising anesthesiologist and anesthesiologist assistants propose to practice. The authority of an anesthesiologist assistant to practice shall terminate immediately upon dissolution of the anesthesiologist assistant’s employment contract, and the supervising anesthesiologist shall immediately notify the Board and the Commissioner of the Department of Health of such termination. The anesthesiologist assistant’s authority to practice shall not resume until he or she provides proof of another employment contract and protocol as approved under this chapter.

(b) The anesthesiologist assistant’s scope of practice shall be limited to that delegated to the anesthesiologist assistant by the supervising anesthesiologist and for which the anesthesiologist assistant is qualified by education, training, and experience. At no time shall the practice of the anesthesiologist assistant exceed the normal scope of the supervising anesthesiologist’s practice.

(Added 2003, No. 34, § 1, eff. May 23, 2003.)

§ 1658 Unprofessional conduct

(a) The following conduct and the conduct described in section 1354 of this title by a certified anesthesiologist assistant constitutes unprofessional conduct. When that conduct is by an applicant or person who later becomes an applicant, it may constitute grounds for denial of certification:

(1) fraud or misrepresentation in applying for or procuring an anesthesiologist assistant certificate or in connection with applying for or procuring a periodic renewal of an anesthesiologist assistant certificate;

(2) occupational advertising that is intended or has a tendency to deceive the public;

(3) exercising undue influence on, or taking improper advantage of, a person using the anesthesiologist assistant’s services, or promoting the sale of professional goods or services in a manner that exploits a person for the financial gain of the anesthesiologist assistant or of a third party;

(4) failing to comply with provisions of federal or State statutes or rules governing the profession;

(5) conviction of a crime related to the profession or conviction of a felony, whether or not related to the practice of the profession;

(6) conduct that evidences unfitness to practice in the profession;

(7) making or filing false professional reports or records, impeding or obstructing the proper making or filing of professional reports or records, or failing to file the proper professional report or record;

(8) practicing the profession when mentally or physically unfit to do so;

(9) failure to practice competently by reason of any cause on a single occasion or on multiple occasions constitutes unprofessional conduct. Failure to practice competently includes as determined by the Board:

(A) performance of unsafe or unacceptable patient care; or

(B) failure to conform to the essential standards of acceptable and prevailing practice;

(10) accepting and performing responsibilities that the person knows or has reason to know that he or she is not competent to perform;

(11) making any material misrepresentation in the practice of the profession, whether by commission or omission;

(12) the act of holding one’s self out as, or permitting one’s self to be represented as, a licensed physician;

(13) performing otherwise than at the direction and under the supervision of an anesthesiologist licensed by the Board;

(14) accepting the delegation of, or performing or offering to perform, a task or tasks beyond the person’s scope of practice as defined by the Board;

(15) administering, dispensing, or prescribing any controlled substance other than as authorized by law;

(16) failing to comply with an order of the Board or violating any term or condition of a certification restricted by the Board;

(17) delegating professional responsibilities to a person whom the certified professional knows, or has reason to know, is not qualified by training, experience, education, or licensing credentials to perform;

(18) in the course of practice, gross failure to use and exercise on a particular occasion or the failure to use and exercise on repeated occasions that degree of care, skill, and proficiency which is commonly exercised by the ordinary skillful, careful, and prudent professional engaged in similar practice under the same or similar conditions, whether or not actual injury to a patient has occurred;

(19) habitual or excessive use or abuse of drugs, alcohol, or other substances that impair the anesthesiologist assistant’s ability to provide medical services; or

(20) revocation of certification to practice as an anesthesiologist assistant in another jurisdiction on one or more of the grounds specified in subdivisions (1)-(19) of this subsection.

(b) A person aggrieved by a final order of the Board may, within 30 days of the order, appeal that order to the Vermont Supreme Court on the basis of the record created before the Board.

(Added 2003, No. 34, § 1, eff. May 23, 2003; amended 2011, No. 61, § 3, eff. June 2, 2011.)

§ 1659 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 any anesthesiologist assistant practicing in the State is engaged in unprofessional conduct, specifying the grounds. The Board shall initiate an investigation of an anesthesiologist assistant when a complaint is received or may act on its own initiative without having received a complaint.

(c) After giving opportunity for hearing, the Board shall take disciplinary action described in subsection 1361(b) of this title against an anesthesiologist assistant or applicant found guilty of unprofessional conduct.

(d) 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 subsection shall be deposited into the Board of Medical Practice Regulatory Fee Fund and shall not be used for any other purpose other than professional regulation and other responsibilities of the Board, as determined by the Commissioner of Health.

(e) 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 2003, No. 34, § 1, eff. May 23, 2003; amended 2011, No. 61, § 3, eff. June 2, 2011.)

§ 1660 Use of title

Any person who is certified to practice as an anesthesiologist assistant in this State shall have the right to use the title “anesthesiologist assistant” and the abbreviation “A.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 an anesthesiologist assistant. An anesthesiologist assistant shall not so represent himself or herself unless there is currently in existence a valid contract between the anesthesiologist assistant and his or her employer or supervising anesthesiologist, and unless the protocol under which the anesthesiologist assistant’s duties are delegated is on file with, and has been approved by, the Board.

(Added 2003, No. 34, § 1, eff. May 23, 2003.)

§ 1661 Legal liability

(a) The supervising anesthesiologist delegating activities to an anesthesiologist assistant shall be legally liable for such activities of the anesthesiologist assistant, and the anesthesiologist assistant shall in this relationship be the anesthesiologist’s agent.

(b) Nothing in this chapter shall be construed as prohibiting an anesthesiologist from delegating to an anesthesiologist assistant certain activities relating to medical care and treatment now being carried out by custom and usage when such activities are under the control of the anesthesiologist. Nothing contained in this chapter shall be construed to apply to nurses acting pursuant to chapter 28 of this title.

(Added 2003, No. 34, § 1, eff. May 23, 2003.)

§ 1662 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 NCCAA.

(3) Transfer of certification, $20.00.

(Added 2003, No. 34, § 1, eff. May 23, 2003; amended 2003, No. 163 (Adj. Sess.), § 5; 2007, No. 76, § 19; 2011, No. 61, § 3, eff. June 2, 2011; 2015, No. 57, § 14; 2017, No. 39, § 4.)

§ 1663 Notice of use of anesthesiologist assistants

An anesthesiologist that utilizes the services of an anesthesiologist assistant shall post a notice to that effect in an appropriate place and include language in the patient consent form that the anesthesiologist uses an anesthesiologist assistant.

(Added 2003, No. 34, § 1, eff. May 23, 2003.)

§ 1664 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 2003, No. 34, § 1, eff. May 23, 2003; amended 2011, No. 61, § 3, eff. June 2, 2011.)

Subchapter 3 Registration

§§ 1691-1696 Repealed

[Repealed]

1979, No. 158 (Adj. Sess.), § 2.

Chapter 30 Optometry

Subchapter 1 General Provisions

§ 1701 Legislative findings

The Legislature finds and declares that the public health, safety, and welfare of the State of Vermont requires the exercise of the authority of this State to safeguard the people of Vermont and further that the right to practice optometry is a privilege conferred by legislative grant to persons possessed of personal and professional qualifications.

(Added 1979, No. 158 (Adj. Sess.), § 1.)

§ 1702 Short title

This chapter shall be known and may be cited as the “Vermont Optometry Practice Act.”

(Added 1979, No. 158 (Adj. Sess.), § 1.)

§ 1703 Definitions

As used in this chapter:

(1) “Board” means the State Board of Optometry.

(2) The “practice of optometry” means any one or combination of the following practices:

(A) Examining the human eyes and visual system for purposes of:

(i) diagnosing refractive and functional ability; or

(ii) diagnosing the presence of eye and adnexa disease or injury, treating the disease or injury with the appropriate pharmaceutical agents and procedures in accordance with this chapter, and making referrals to the appropriate health care provider when warranted.

(B) Diagnosing and correcting anomalies of the refractive and functional ability of the visual system and the enhancement of visual performance including the following:

(i) prescribing and using ophthalmic lenses, prisms, autorefractor or other automatic testing devices, frames, ophthalmic aids, and prosthetic materials as consistent with the health of the eye;

(ii) prescribing and employing contact lenses; and

(iii) administering visual training, vision therapy, orthoptics, and pleoptics.

(D) Removing superficial foreign bodies from the eye and adnexa; epilating the eyelashes, including by electrolysis; and punctal dilation, lacrimal irrigation, and punctal plugs insertion.

(E) Managing the following types of glaucoma in patients who are 16 years of age or older:

(i) adult primary open angle glaucoma;

(ii) exfoliative glaucoma;

(iii) pigmentary glaucoma;

(iv) low tension glaucoma;

(v) inflammatory (uveitic) glaucoma; and

(vi) emergency treatment of angle closure glaucoma.

(3) “Director” means the Director of the Office of Professional Regulation.

(4) “Financial interest” means being:

(A) a licensed practitioner of optometry; or

(B) a person who deals in goods and services that are uniquely related to the practice of optometry; or

(5) “Contact lenses” means those lenses that are worn for cosmetic, therapeutic, or refractive purposes.

(Added 1979, No. 158 (Adj. Sess.), § 1; amended 1983, No. 242 (Adj. Sess.), § 1; 2003, No. 108 (Adj. Sess.), § 1; 2009, No. 35, § 27; 2009, No. 103 (Adj. Sess.), § 11; 2011, No. 116 (Adj. Sess.), § 23; 2019, No. 30, § 12.)

§ 1704 Penalties

A person who obtains a license by fraud or misrepresentation or who practices or attempts to practice optometry or hold himself or herself out as being able to do so in this State without first having obtained the license required by this chapter shall be subject to the penalties provided in 3 V.S.A. § 127.

(Added 1979, No. 158 (Adj. Sess.), § 1; amended 2007, No. 29, § 29; 2019, No. 30, § 12.)

Subchapter 2 State Board of Optometry

§ 1707 Qualifications; term of office; removal

(a) The State Board of Optometry is created.

(b) The Board shall consist of five members, three of whom shall be residents of the State who have had at least five years’ experience in the practice of optometry in the State and are in the active practice of optometry at the time of their appointment; and two members who shall be representatives of the public, who shall be residents of the State for five years, and who shall have no financial interest in the profession other than as a consumer or potential consumer of its services.

(d) [Repealed.]

(Added 1979, No. 158 (Adj. Sess.), § 1; amended 2005, No. 27, § 46; 2019, No. 30, § 12.)

§ 1708 Powers and duties

(a) The Board shall:

(1) Adopt rules under the Vermont Administrative Procedure Act necessary for the performance of its duties, ensuring that at least the following are established by statute or rule:

(A) a definition of the behavior for which a license is required;

(B) explanations of appeal and other significant rights given by law to licensees, applicants, and the public; and

(C) standards for acceptance of continuing education, which may identify mandatory content specific to pharmacology, and management of adverse drug reactions.

(b) [Repealed.]

(1) ownership of optometric practices to licensed optometrists;

(2) number of offices or sites at which an optometrist may practice; or

(3) right of optometrists to practice in an association, partnership, corporation, or other lawful entity with anyone.

(Added 1979, No. 158 (Adj. Sess.), § 1; amended 1983, No. 242 (Adj. Sess.), § 2; 1989, No. 250 (Adj. Sess.), § 4(d); 2009, No. 35, § 28; 2019, No. 30, § 12.)

§ 1709 Functioning of Board of Optometry

(a) Annually, the Board shall meet to elect a chair, vice chair, and a secretary.

(b) Meetings may be called by the Chair and shall be called upon the request of any other two members.

(d) A majority of the members of a Board shall constitute a quorum for transacting business, and all action shall be taken upon a majority vote of the members present and voting.

(e) [Repealed.]

(f) [Repealed.]

(Added 1979, No. 158 (Adj. Sess.), § 1; amended 2005, No. 27, § 47; 2009, No. 35, § 41.)

§ 1710 Repealed

[Repealed]

1983, No. 242 (Adj. Sess.), § 3.

Subchapter 3 Examinations and Licenses

§ 1712 License required

(a) No person may practice optometry in this State who is not licensed under this chapter.

(b) Licensing standards and procedures established by the Board shall be fair and reasonable and shall be designed and implemented to measure and reasonably ensure an applicant’s qualifications to practice the occupation. They shall not be designed or implemented for the purpose of limiting the size of the occupation.

(c) If a licensee has a principal place of business for a licensed occupation, a license shall be prominently displayed at that place.

(d) Licenses may not be transferred.

(e) No persons may use the title “doctor of optometry,” “optometrist,” or any substantially equivalent title unless he or she is licensed under this chapter.

(f) Nothing contained in subsection (a) of this section shall prevent a student from providing optometric services:

(1) under the on-site supervision of a licensed optometrist or ophthalmologist at a State hospital;

(2) as part of an optometric clinical program under the on-site supervision of a licensed optometry instructor of a school of optometry, a college, or an optometry department of a university recognized by the Board; or

(3) as a student intern in a hospital under the on-site supervision of a licensed optometrist or ophthalmologist.

(Added 1979, No. 158 (Adj. Sess.), § 1; amended 1991, No. 167 (Adj. Sess.), § 34a; 2005, No. 148 (Adj. Sess.), § 14.)

§ 1713 Exemptions

(a) Nothing in this chapter shall be construed to prohibit other licensed health care professionals from practicing to the full extent of their licenses, nor to apply to any eye screening, State or government eye testing programs, nor to any instruction in any medical, osteopathic, or nursing school.

(b) Nothing in this chapter shall prohibit persons or corporations from making mechanical repairs to spectacles, nor shall it prohibit any person, firm, or corporation engaged in grinding lenses and filling prescriptions from replacing lenses or filling prescriptions issued by a duly licensed optometrist or physician.

(Added 1979, No. 158 (Adj. Sess.), § 1.)

§ 1714 Repealed

[Repealed]

2009, No. 35, § 41(a).

§ 1715 Licensure by examination

(a) The Board may grant a license to an applicant who:

(1) has attained the age of majority;

(2) is a graduate of an optometric school or college accredited by a regional or professional accreditation organization approved by the Board;

(3) holds a current cardiopulmonary resuscitation certification from the American Red Cross, the Vermont Heart Association, or a comparable source recognized by the Director;

(4) has successfully completed an examination approved by the Board; and

(5) has paid the fee required by section 1718 of this chapter.

(b) [Repealed.]

(Added 1979, No. 158 (Adj. Sess.), § 1; amended 1983, No. 242 (Adj. Sess.), § 4; 2009, No. 35, § 29; 2019, No. 30, § 12.)

§ 1716 Licensure by endorsement

The Board may issue a license to an applicant who is licensed and currently in good standing in a United States jurisdiction having license requirements that are substantially equivalent to the requirements of this chapter.

(Added 1979, No. 158 (Adj. Sess.), § 1; amended 1997, No. 40, § 23; 2009, No. 35, § 30.)

§ 1716a Renewal

Licenses shall be renewed every two years upon payment of the required fee, provided that the person applying for renewal completes at least 40 hours of continuing education, approved by the Board, during the preceding two-year period and holds a current cardiopulmonary resuscitation certification.

(Added 1987, No. 236 (Adj. Sess.), § 2; amended 1993, No. 216 (Adj. Sess.), § 1; 2009, No. 35, § 31; 2019, No. 30, § 12.)

§ 1717 Repealed

[Repealed]

1983, No. 242 (Adj. Sess.), § 5.

§ 1718 Fees

Applicants and persons regulated under this chapter shall pay the following fees:

| (1) | Application | $325.00 | | --- | --- | --- | | (2) | Biennial renewal | $395.00 |

(Added 1979, No. 158 (Adj. Sess.), § 1; amended 1983, No. 242 (Adj. Sess.), § 6; 1989, No. 250 (Adj. Sess.), § 46; 1997, No. 59, § 56, eff. June 30, 1997; 2005, No. 202 (Adj. Sess.), § 15; 2013, No. 191 (Adj. Sess.), § 17; 2019, No. 178 (Adj. Sess.), § 9, eff. Oct. 1, 2020; 2023, No. 77, § 28, eff. June 20, 2023.)

Subchapter 4 Unprofessional Conduct and Discipline

§ 1719 Unprofessional conduct

(a) Unprofessional conduct is the conduct prohibited by this section and by 3 V.S.A. § 129a, whether committed by a licensee, an applicant, or a person who later becomes an applicant.

(b) Unprofessional conduct means:

(1) Conduct that evidences moral unfitness to practice the occupation.

(2) Any of the following except when reasonably undertaken in an emergency situation in order to protect life, health, or property:

(A) Practicing or offering to practice beyond the scope permitted by law.

(B) Performing treatments or providing services that a licensee is not qualified to perform or that are beyond the scope of the licensee’s education, training, capabilities, experience, or scope of practice.

(3) Any of the following with regard to the buyer's prescription or purchase of ophthalmic goods:

(A) [Repealed.]

(B) Conditioning the availability of an eye examination to any person on a requirement that person agree to purchase any ophthalmic goods from the optometrists.

(C) Charging the buyer any fee in addition to the optometrist's examination fee as a condition to releasing the prescription to the buyer. Provided, an optometrist may charge an additional fee for verifying ophthalmic goods dispensed by another seller when the additional fee is imposed at the time the verification is performed.

(D) Placing on the prescription or requiring the buyer to sign, or delivering to the buyer a form or notice waiving or disclaiming the liability or responsibility of the optometrist for the accuracy of the eye examination or the accuracy of the prescription for ophthalmic goods or services to be dispensed by another seller.

(E) Failure to comply with prescription-released requirements established in the Federal Ophthalmic Practice Rule (16 C.F.R. Part 456) or the Fairness to Contact Lens Consumers Act (15 U.S.C.A. § 7601-7610).

(c) After hearing, the Board may take disciplinary action against a licensee or applicant found guilty of unprofessional conduct.

(Added 1979, No. 158 (Adj. Sess.), § 1; amended 1983, No. 242 (Adj. Sess.), §§ 7-9; 1993, No. 108 (Adj. Sess.), § 8; 1997, No. 145 (Adj. Sess.), § 41; 2003, No. 108 (Adj. Sess.), § 2; 2009, No. 103 (Adj. Sess.), § 12; 2011, No. 116 (Adj. Sess.), § 24; 2019, No. 30, § 12.)

§ 1720 Repealed

[Repealed]

1989, No. 250 (Adj. Sess.), § 92.

§ 1721 Repealed

[Repealed]

2009, No. 35, § 41(a).

Subchapter 5 Diagnostic Pharmaceutical Agents

§ 1723 Repealed

[Repealed]

2009, No. 103 (Adj. Sess.), § 53.

§ 1724 Repealed

[Repealed]

2005, No. 71, § 72a, eff. July 1, 2006.

§ 1724a Repealed

[Repealed]

2009, No. 103 (Adj. Sess.), § 53.

§ 1725 Repealed

[Repealed]

2009, No. 35, § 41(a).

§ 1726 Repealed

[Repealed]

1993, No. 216 (Adj. Sess.), § 4.

§ 1727 Expiration date

(a) An optometrist shall state the expiration date on the face of every prescription written by that optometrist for contact lenses. The expiration date shall be one year after the examination date unless a medical or refractive problem affecting vision requires an earlier expiration date.

(b) An optometrist shall not refuse to give the buyer a copy of the buyer’s prescription after the expiration date; however, the copy shall be clearly marked to indicate that it is an expired prescription.

(Added 1993, No. 108 (Adj. Sess.), § 9; amended 2011, No. 116 (Adj. Sess.), § 25; 2019, No. 30, § 12.)

Subchapter 6 Therapeutic Pharmaceutical Agents

§ 1728 Use of therapeutic pharmaceutical agents

(a)(1) A licensee who employs an oral therapeutic pharmaceutical agent that might prove to have significant systemic adverse reactions or systemic side effects shall, in a manner consistent with Vermont law, ascertain the risk of systemic side effects through either a case history or by communicating with the patient’s primary care provider.

(2) The licensee shall also communicate with the patient’s primary care provider, or with a physician skilled in diseases of the eye, when, in the professional judgment of the licensee, it is medically appropriate.

(3) Any communication shall be noted in the patient’s permanent record. The methodology of communication shall be determined by the licensee.

(b)(1) If a glaucoma patient does not respond to up to three topically administered pharmaceutical agents within a reasonable time, the licensee shall refer the patient to a licensed ophthalmologist.

(2) A glaucoma patient shall not be treated by an optometrist with more than three topically administered agents at any given time.

(3) If an oral medication is required to obtain an adequate clinical response in a glaucoma patient, the licensee shall consult with a licensed ophthalmologist as soon as clinically prudent following initiation of the oral medication.

(4) This subsection shall not require that the licensee transfer care of the patient to the consulting ophthalmologist, but does require that the patient be seen by the consulting ophthalmologist.

(Added 1993, No. 216 (Adj. Sess.), § 3; amended 2003, No. 108 (Adj. Sess.), § 5; 2009, No. 103 (Adj. Sess.), § 13; 2019, No. 30, § 12.)

§ 1728a Repealed

[Repealed]

2019, No. 30, § 12.

§ 1728b Repealed

[Repealed]

2005, No. 71, § 72b.

§§ 1728c-1729a Repealed

[Repealed]

2019, No. 30, § 12.

Chapter 31 Physician Assistants

§§ 1725-1729 Repealed

[Repealed]

1981, No. 100 § 13.

§ 1730 Reserved

[Reserved]

§ 1731 Policy and purpose

The General Assembly recognizes the need to provide means by which physician assistants may practice medicine in collaboration with physicians and other health care professionals to provide increased efficiency and to ensure that high-quality medical services are available to all Vermonters at reasonable cost. The General Assembly recognizes that physician assistants, with their education, training, and experience in the field of medicine, are well suited to provide these services to Vermonters.

(Added 1981, No. 100, § 1; amended 1985, No. 208 (Adj. Sess.), § 1, eff. June 30, 1986; 2019, No. 123 (Adj. Sess.), § 1.)

§ 1732 Definitions

As used in this chapter:

(1) “Accredited physician assistant program” means a physician assistant educational program that has been accredited by the Accreditation Review Commission on Education for the Physician Assistant (ARC-PA), or, prior to 2001, by either the Committee on Allied Health Education and Accreditation (CAHEA) or the Commission on Accreditation of Allied Health Education Programs (CAAHEP).

(2) “Board” means the State Board of Medical Practice established by chapter 23 of this title.

(3) “Collaboration” means a physician assistant’s consultation with or referral to an appropriate physician or other health care professional as indicated based on the patient’s condition; the physician assistant’s education, training, and experience; and the applicable standards of care.

(4) “Disciplinary action” means any action taken by the Board against a physician assistant or an applicant, or an appeal of that action, when the action suspends, revokes, limits, or conditions licensure in any way. The term includes reprimands and administrative penalties.

(5) “Health care facility” has the same meaning as in 18 V.S.A. § 9402.

(6) “Participating physician” means a physician practicing as a sole practitioner, a physician designated by a group of physicians to represent their physician group, or a physician designated by a health care facility to represent that facility, who enters into a practice agreement with a physician assistant in accordance with this chapter.

(7) “Physician” means an individual licensed to practice medicine pursuant to chapter 23 or 33 of this title.

(8) “Physician assistant” or “PA” means an individual licensed by the State of Vermont to practice medicine in collaboration with one or more physicians pursuant to this chapter.

(9) “Physician group” means a medical practice involving two or more physicians.

(10) “Practice agreement” means an agreement that meets the requirements of section 1735a of this chapter.

(11) “Practice as a physician assistant” means the practice of medicine by a PA pursuant to a practice agreement signed by a participating physician.

(Added 1981, No. 100, § 2; amended 1985, No. 208 (Adj. Sess.), § 2, eff. June 30, 1986; 1989, No. 250 (Adj. Sess.), § 4(a); 2011, No. 61, § 4, eff. June 2, 2011; 2019, No. 123 (Adj. Sess.), § 1.)

§ 1733 Licensure

The State Board of Medical Practice is responsible for the licensure of physician assistants, and the Commissioner of Health shall adopt, amend, or repeal rules regarding the training, practice, qualification, and discipline of physician assistants.

(Added 1981, No. 100, § 3; amended 1985, No. 208 (Adj. Sess.), § 3, eff. June 30, 1986; 2003, No. 34, § 10, eff. May 23, 2003; 2011, No. 61, § 4, eff. June 2, 2011; 2019, No. 123 (Adj. Sess.), § 1.)

§ 1734 Eligibility

(a) The Board may grant a license to practice as a physician assistant to an applicant who meets all of the following requirements:

(1) Submits a completed application form provided by the Board.

(2) Pays the required application fee.

(3) Has graduated from an accredited physician assistant program or has passed and maintained the certification examination by the National Commission on the Certification of Physician Assistants (NCCPA) prior to 1988.

(4) Has passed the Physician Assistant National Certifying Examination administered by the NCCPA.

(5) Is mentally and physically able to engage safely in practice as a physician assistant.

(6) Does not hold any license, certification, or registration as a physician assistant in another state or jurisdiction that is under current disciplinary action, or has been revoked, suspended, or placed on probation for cause resulting from the applicant’s practice as a physician assistant, unless the Board has considered the applicant’s circumstances and determines that licensure is appropriate.

(7) Is of good moral character.

(8) Submits to the Board any other information that the Board deems necessary to evaluate the applicant’s qualifications.

(9) Has engaged in practice as a physician assistant within the last three years or has complied with the requirements for updating knowledge and skills as defined by Board rules. This requirement shall not apply to applicants who have graduated from an accredited physician assistant program within the last three years.

(b), (c) [Repealed.]

(d) When the Board intends to deny an application for licensure, it shall send the applicant written notice of its decision by certified mail. The notice shall include a statement of the reasons for the action. Within 30 days of the date that an applicant receives such notice, the applicant may file a petition with the Board for review of its preliminary decision. At the hearing, the burden shall be on the applicant to show that licensure should be granted. After the hearing, the Board shall affirm or reverse its preliminary denial.

(e) Failure to maintain competence in the knowledge and skills of a physician assistant, as determined by the Board, shall be cause for revocation of licensure.

(Added 1981, No. 100, § 4; amended 1985, No. 208 (Adj. Sess.), § 4, eff. June 30, 1986; 2011, No. 61, § 4, eff. June 2, 2011; 2019, No. 123 (Adj. Sess.), § 1.)

§ 1734a Repealed

[Repealed]

2011, No. 61, § 9, eff. June 2, 2011.

§ 1734b Renewal of license

(a) Licenses shall be renewed every two years on payment of the required fee. At least one month prior to the date on which renewal is required, the Board shall send to each licensee a license renewal application form and notice of the date on which the existing license will expire. On or before the renewal date, the licensee shall file an application for license renewal and pay the required fee. The Board shall register the applicant and issue the renewal license. Within one month following the date renewal is required, the Board shall pay the license renewal fees into the Medical Practice Board Special Fund. Any physician assistant while on extended active duty as a member of the U.S. Armed Forces, a reserve component of the U.S. Armed Forces, the National Guard, or the State Guard who is licensed as a physician assistant at the time of an activation or deployment shall receive an extension of licensure up to 90 days following the physician assistant’s return from activation or deployment, provided the physician assistant notifies the Board of the activation or deployment prior to the expiration of the current license, and certifies that the circumstances of the activation or deployment impede good faith efforts to make timely application for renewal of the license.

(b) A licensee shall demonstrate that the requirements for licensure are met.

(c) A licensee for renewal of an active license to practice shall have practiced as a physician assistant within the last three years or have complied with the requirements for updating knowledge and skills as defined by Board rules.

(d) A licensee shall promptly provide the Board with new or changed information pertinent to the information in the physician assistant’s license and license renewal applications at the time the licensee becomes aware of the new or changed information.

(e) A license 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 renewal fees during periods when the license was lapsed. However, if a license remains lapsed for a period of three years, the Board may require the licensee to update the licensee’s knowledge and skills as defined by Board rules.

(Added 1985, No. 208 (Adj. Sess.), § 6, eff. June 30, 1986; amended 2011, No. 61, § 4, eff. June 2, 2011; 2019, No. 123 (Adj. Sess.), § 1.)

§ 1734c Exemptions

(a) Nothing in this chapter shall be construed to require licensure under this chapter of any of the following:

(1) Physician assistant students enrolled in a physician assistant educational program accredited by the Accreditation Review Commission on Education for the Physician Assistant.

(2) Physician assistants employed in the service of the U.S. Armed Forces or National Guard, including National Guard in state status, while performing duties incident to that employment.

(3) Technicians or other assistants or employees of a physician who perform physician-delegated tasks but who are not rendering services as physician assistants or identifying themselves as physician assistants.

(4) Physician assistants who are duly licensed and in good standing in another state, territory, or jurisdiction of the United States or in Canada if the physician assistants are employed as or formally designated as team physician assistants by an athletic team visiting Vermont for a specific sporting event and the physician assistants limit their practice in this State to the treatment of the members, coaches, and staff of the sports team employing or designating the physician assistants.

(b) Physician assistants licensed in this State or credentialed as physician assistants by a federal employer shall not be required to have a practice agreement when responding to a need for medical care created by a disaster or emergency, as that term is defined in 20 V.S.A. § 102(c).

(Added 2011, No. 61, § 4, eff. June 2, 2011; amended 2015, No. 94 (Adj. Sess.), § 3, eff. May 10, 2016; 2017, No. 113 (Adj. Sess.), § 166; 2019, No. 123 (Adj. Sess.), § 1.)

§ 1735 Repealed

[Repealed]

2011, No. 61, § 9, eff. June 2, 2011.

§ 1735a Practice agreement and scope of practice

(a) Except as provided in subsection 1734c(b) of this chapter and subsection (e) of this section, a physician assistant shall engage in practice as a physician assistant in this State only if the physician assistant has entered into a written practice agreement as set forth in subsection (b) of this section.

(1) A physician assistant shall enter into a practice agreement with a physician who practices as a sole practitioner only if the participating physician’s area of specialty is similar to or related to the physician assistant’s area of specialty.

(2) A physician assistant shall enter into a practice agreement with a participating physician who represents a physician group or health care facility only if one or more of the physicians practicing in the physician group or at the health care facility has an area of specialty similar to or related to the physician assistant’s area of specialty.

(b) A practice agreement shall include all of the following:

(1) Processes for physician communication, availability, decision making, and periodic joint evaluation of services delivered when providing medical care to a patient.

(2) An agreement that the physician assistant’s scope of practice shall be limited to medical care that is within the physician assistant’s education, training, and experience. Specific restrictions, if any, on the physician assistant’s practice shall be listed.

(3) A plan to have a physician available for consultation at all times when the physician assistant is practicing medicine.

(4) The signatures of the physician assistant and the participating physician; no other signatures shall be required.

(c) A practice agreement may specify the extent of the collaboration required between the PA and physicians and other health care professionals; provided, however, that a physician shall be accessible for consultation by telephone or electronic means at all times when a PA is practicing.

(d) The practice agreement shall be reviewed by the physician assistant and either the participating physician or a representative of the practice, physician group, or health care facility, at a minimum, at the time of the physician assistant’s license renewal.

(e) In the event of the unanticipated unavailability of a participating physician practicing as a sole practitioner due to serious illness or death, a physician assistant may continue to practice for not more than a 30-day period without entering into a new practice agreement with another participating physician.

(f) The practice agreement shall be filed with the Board. The Board shall not request or require any modifications to the practice agreement. The practice agreement may be filed with the Board electronically at the option of the physician assistant; no original documents shall be required.

(g) Nothing in this section shall be construed to require the physical presence of a physician at the time and place at which a physician assistant renders a medical service.

(h) A physician assistant may prescribe, dispense, administer, and procure drugs and medical devices to the same extent as may a physician. A physician assistant who prescribes controlled substances shall be registered with the federal Drug Enforcement Administration.

(Added 2011, No. 61, § 4, eff. June 2, 2011; 2019, No. 123 (Adj. Sess.), § 1.)

§ 1735b Physician assistant as primary care provider

Notwithstanding any provision of law to the contrary, a physician assistant shall be considered a primary care provider when the physician assistant practices in one or more of the medical specialties for which a physician would be considered to be a primary care provider.

(Added 2019, No. 123 (Adj. Sess.), § 1.)

§ 1736 Unprofessional conduct

(a) The following conduct and the conduct described in section 1354 of this title by a licensed physician assistant shall constitute unprofessional conduct; when that conduct is by an applicant or person who later becomes an applicant, it may constitute grounds for denial of licensure:

(1) fraud or misrepresentation in applying for or procuring a license or in applying for or procuring a periodic renewal of a license;

(2) occupational advertising or advertising about health care services that is intended or has a tendency to mislead or deceive the public;

(4) failing to comply with provisions of federal or state statutes or rules governing the profession;

(5) conviction of a crime related to the profession; and

(6) conduct that evidences unfitness to practice in the profession.

(b) Unprofessional conduct includes the following actions by a licensed physician assistant:

(1) Making or filing false professional reports or records, impeding or obstructing the proper making or filing of professional reports or records, or failing to file a proper professional report or record.

(2) Practicing the profession when mentally or physically unfit to do so.

(3) Practicing as a physician assistant without a practice agreement meeting the requirements of section 1735a of this chapter, except under the circumstances described in subsections 1734c(b) and 1735a(e) of this chapter. The Board’s receipt of a practice agreement filed in accordance with subsection 1735a(f) of this chapter shall not be construed to constitute Board approval of the practice agreement or of its contents.

(4) Accepting and performing responsibilities that the individual knows or has reason to know the individual is not competent to perform.

(5) Making any material misrepresentation in the practice of the profession, whether by commission or omission.

(6) The act of holding oneself out as, or permitting oneself to be represented as, a licensed physician.

(7) [Repealed.]

(8) Performing or offering to perform a task or tasks beyond the individual’s scope of practice.

(9) Administering, dispensing, procuring, or prescribing any controlled substance otherwise than as authorized by law.

(10) Habitual or excessive use or abuse of drugs, alcohol, or other substances that impair the ability to provide medical services.

(11) Failure to practice competently by reason of any cause on a single occasion or on multiple occasions. Failure to practice competently includes, as determined by the Board:

(A) performance of unsafe or unacceptable patient care; or

(B) failure to conform to the essential standards of acceptable and prevailing practice.

(c) A person aggrieved by a determination of the Board may, within 30 days of the order, appeal that order to the Vermont Supreme Court on the basis of the record created before the Board.

(d) As used in this section, “health care services” means services for the diagnosis, prevention, treatment, cure, or relief of a physical or mental health condition, including counseling, procedures, products, devices, and medications.

(Added 1981, No. 100, § 6; amended 1985, No. 208 (Adj. Sess.), § 8, eff. June 30, 1986; 1989, No. 250 (Adj. Sess.), § 47; 2003, No. 34, § 13, eff. May 23, 2003; 2011, No. 61, § 4, eff. June 2, 2011; 2019, No. 123 (Adj. Sess.), § 1; 2025, No. 20, § 12, eff. May 13, 2025.)

§ 1737 Disposition of complaints

(a) Complaints and allegations of unprofessional conduct shall be processed in accordance with the rules of procedure of the Board of Medical Practice.

(b) Any person, firm, corporation, or public officer may submit a written complaint to the Board alleging a physician assistant practicing in the State committed unprofessional conduct, specifying the grounds. The Board may initiate disciplinary action in any complaint against a physician assistant and may act without having received a complaint.

(c) After giving opportunity for hearing, the Board shall take disciplinary action described in subsection 1361(b) of this title against a physician assistant or applicant found guilty of unprofessional conduct.

(d) The Board may approve a negotiated agreement between the parties when it is in the best interests of the public health, safety, or welfare to do so. Such an 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 individual submit to care or counseling.

(2) A restriction that the individual practice only under supervision of a named person or a person with specified credentials.

(3) A requirement that the individual 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 and the professions regulated by the Board. The Commissioner shall detail in the annual report receipts and expenses from money received under this subsection.

(e) Upon application, the Board may modify the terms of an order under this section and, if licensure has been revoked or suspended, order reinstatement on terms and conditions it deems proper.

(Added 1981, No. 100, § 7; amended 1985, No. 208 (Adj. Sess.), § 9, eff. June 30, 1986; 2011, No. 61, § 4, eff. June 2, 2011.)

§ 1737a Repealed

[Repealed]

1989, No. 250 (Adj. Sess.), § 92.

§ 1738 Use of title

Any person who is licensed to practice as a physician assistant in this State shall have the right to use the title “physician assistant” and the abbreviations “PA” and “PA-C.” No other person shall assume that title, use those abbreviations, or use any other words, letters, signs, or devices to indicate that the person using them is a physician assistant.

(Added 1981, No. 100, § 8; amended 1985, No. 208 (Adj. Sess.), § 11, eff. June 30, 1986; 2011, No. 61, § 4, eff. June 2, 2011; 2019, No. 123 (Adj. Sess.), § 1.)

§ 1739 Legal liability

Physician assistants are responsible for their own medical decision making. A participating physician in a practice agreement with a physician assistant shall not, by the existence of the practice agreement alone, be legally liable for the actions or inactions of the physician assistant; provided, however, that this does not otherwise limit the liability of the participating physician.

(Added 1981, No. 100, § 9; amended 1985, No. 208 (Adj. Sess.), § 12, eff. June 30, 1986; 2011, No. 61, § 4, eff. June 2, 2011; 2019, No. 123 (Adj. Sess.), § 1.)

§ 1739a Repealed

[Repealed]

2019, No. 123 (Adj. Sess.), § 1.

§ 1740 Fees

Applicants and persons regulated under this chapter shall pay the following fees:

(1) Original application for licensure, $225.00; the Board shall use at least $10.00 of this fee 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) Biennial renewal, $215.00; the Board shall use at least $10.00 of this fee to support the cost of maintaining the Vermont Practitioner Recovery Network described in subdivision (1) of this section.

(Added 1981, No. 100, § 10; amended 1985, No. 208 (Adj. Sess.), § 14, eff. June 30, 1986; 1989, No. 250 (Adj. Sess.), § 48; 1999, No. 49, § 211; 2003, No. 163 (Adj. Sess.), § 6; 2007, No. 76, § 20; 2011, No. 61, § 4, eff. June 2, 2011; 2015, No. 57, § 15; 2017, No. 39, § 5; 2019, No. 123 (Adj. Sess.), § 1.)

§ 1741 Repealed

[Repealed]

2019, No. 123 (Adj. Sess.), § 1.

§ 1742 Penalty

(a) Any person who not being licensed holds himself or herself out to the public as being licensed 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 1981, No. 100, § 15; amended 1985, No. 208 (Adj. Sess.), § 16, eff. June 30, 1986; 2011, No. 61, § 4, eff. June 2, 2011.)

§ 1743 Medicaid reimbursement

The Secretary of Human Services shall provide reimbursement under Title XIX (Medicaid) of the Social Security Act and 33 V.S.A. chapter 19 that recognizes reasonable cost differences between services provided by physicians and those provided by physician assistants under this chapter.

(Added 1981, No. 100, § 16; amended 1985, No. 208 (Adj. Sess.), § 17, eff. June 30, 1986; 2011, No. 61, § 4, eff. June 2, 2011; 2015, No. 23, § 129; 2019, No. 123 (Adj. Sess.), § 1.)

§ 1743a Payment for medical services

(a) As used in this section:

(1) “Health insurer” has the same meaning as in 18 V.S.A. § 9402.

(2) “Participating provider” has the same meaning as in 18 V.S.A. § 9418 and includes providers participating in the Vermont Medicaid program.

(b) Health insurers and, to the extent permitted under federal law, Medicaid shall reimburse a participating provider who is a physician assistant for any medical service delivered by the physician assistant if the same service would be covered if delivered by a physician. Physician assistants are authorized to bill for and receive direct payment for the medically necessary services they deliver.

(c) To provide accountability and transparency for patients, payers, and the health care system, the physician assistant shall be identified as the treating provider in the billing and claims processes when the physician assistant delivered the medical services to the patient.

(d) A health insurer shall not impose any practice, education, or collaboration requirement for a physician assistant that is inconsistent with or more restrictive than the provisions of this chapter.

(Added 2019, No. 123 (Adj. Sess.), § 1.)

§ 1744 Repealed

[Repealed]

2019, No. 123 (Adj. Sess.), § 1.

Chapter 33 Osteopathy

Subchapter 1 General Provisions

§ 1750 Definitions

As used in this chapter:

(1) “Approved hospital” means a hospital approved by the American Osteopathic Association (AOA) or Accreditation Council for Graduate Medical Education (ACGME).

(2) “Approved program” means a one-year internship or postgraduate program approved by the AOA or the ACGME.

(3) “Accredited school or college of osteopathic medicine” means a school approved by the AOA or by the Board according to its rules.

(4) “Board” means the Board of Osteopathic Physicians and Surgeons created under section 1791 of this title.

(5) “Disciplinary action” includes any action taken by the Board against a person licensed under this chapter or an applicant premised on a finding that the person has engaged in unprofessional conduct. The term includes all sanctions of any kind, including obtaining injunctions, refusing to grant or renew a license, suspending or revoking a license, and issuing warnings.

(6) “Medical director” means, for purposes of this chapter, an osteopathic physician who is board-certified or board-eligible in his or her field of specialty, as determined by the AOA or the American Board of Medical Specialties (ABMS), and who is charged by a health maintenance organization with responsibility for overseeing all clinical activities of the plan in this State, or his or her designee.

(7) “Health maintenance organization”, as used in this section, shall have the same meaning as defined in 18 V.S.A. § 9402(9).

(8) “Member” means any individual who has entered into a contract with a health maintenance organization for the provision of health care services, or on whose behalf such an arrangement has been made, as well as the individual’s dependents covered by the contract.

(9) “Osteopathic physician” means a person licensed under this chapter to practice osteopathic medicine.

(10) “Practice of osteopathic medicine” means the diagnosis, treatment, operation, or prescription for any human disease, pain, injury, deformity, or other physical or mental condition, which practice is based in part upon educational standards and requirements that emphasize the importance of the neuromusculoskeletal structure and manipulative treatment in the maintenance and restoration of health.

(Added 1989, No. 253 (Adj. Sess.), § 1; amended 1999, No. 133 (Adj. Sess.), § 15; 2001, No. 129 (Adj. Sess.), § 23, eff. June 13, 2002.)

§ 1751 Application of laws; rights

Osteopathic physicians and surgeons shall be subject to the provisions of law relating to communicable diseases and to the granting of certificates of births and deaths and the issuance of certificates relating to the commitment of individuals with a mental illness, and such reports and certificates shall be accepted by the office or department to whom the same are made or presented, equally with the reports and certificates of physicians of any other school of medicine; and such physicians shall have the same rights with respect to the rendering of medical services under the provisions of public health, welfare, and assistance laws and rules.

(Amended 1989, No. 253 (Adj. Sess.), § 2; 2013, No. 96 (Adj. Sess.), § 176.)

§ 1752 Prohibition; penalty

(a) A person shall not perform any of the following acts:

(1) practice or attempt to practice osteopathic medicine or hold himself or herself out as being able to do so in this State without first having obtained a license from the Board;

(2) use in connection with the person’s name any letters, words, or insignia indicating that the person is an osteopathic physician unless the person is licensed in accordance with this chapter;

(3) practice or attempt to practice osteopathic medicine during license revocation or suspension.

(b) A person violating any of the provisions of subsection (a) of this section shall be subject to the penalties provided in 3 V.S.A. § 127.

(Amended 1989, No. 253 (Adj. Sess.), § 3; 2007, No. 29, § 30; 2015, No. 38, § 15, eff. May 28, 2015.)

§ 1753 Exemptions

(a) The provisions of subdivision 1752(a)(1) of this title, relating to practice, shall not apply to the following persons acting within the scope of their respective practices:

(1) A person licensed to practice medicine and surgery under chapter 23 of this title.

(2) A person licensed to practice chiropractic medicine under chapter 10 of this title.

(3) A physician assistant licensed or registered pursuant to chapter 31 of this title.

(4) A student who:

(A) is enrolled in an accredited educational program that leads to the issuance of a degree that would satisfy the educational requirement for a profession licensed under this chapter;

(B) is engaged in an organized clinical training program;

(C) engages in acts constituting the practice of medicine while under the supervision of a Vermont-licensed or Vermont-certified health care professional who is qualified to supervise any acts by the student that constitute the practice of medicine; and

(D) is not a postgraduate trainee who is otherwise required to obtain a training license.

(b) The provisions of subdivision 1752(a)(1) of this title shall not apply to any person or persons giving aid, assistance, or relief in emergency or accident cases, pending the arrival of a licensed physician or surgeon.

(1) a commissioned officer of the U.S. Armed Forces or Public Health Service when acting within the scope of his or her official duties;

(2) a nonresident licensed osteopathic physician or surgeon who is called to treat or to consult on a particular case in this State, provided he or she does not otherwise practice in this State; or

(3) an osteopathic physician who is duly licensed and in good standing in another state, territory, or jurisdiction of the United States or in Canada if the physician is employed as or formally designated as the team physician by an athletic team visiting Vermont for a specific sporting event and the physician limits the practice of medicine in this State to medical treatment of the members, coaches, and staff of the sports team employing or designating the physician.

(Added 1989, No. 253 (Adj. Sess.), § 4; amended 2013, No. 27, § 19; 2015, No. 94 (Adj. Sess.), § 4, eff. May 10, 2016; 2023, No. 158 (Adj. Sess.), § 10, eff. June 6, 2024.)

Subchapter 2 Board of Osteopathic Physicians and Surgeons

§ 1791 Composition of the Board; qualifications; term of office

(a) A Board of Osteopathic Physicians and Surgeons is created. The Board shall consist of five members. Board members shall be appointed by the Governor pursuant to 3 V.S.A. §§ 129b and 2004.

(b)(1) Three members of the Board shall be osteopathic physicians licensed and in good standing in this State who are graduates of an accredited school of osteopathic medicine and who reside and have resided and actively practiced osteopathic medicine in this State during the two years immediately preceding their appointments.

(2) Two members shall be public members. A public member shall not have a financial interest personally or through a spouse, parent, child, brother, or sister in the activities regulated under this chapter, other than as a consumer or possible consumer of osteopathic medical services.

(c) A majority of the members of the Board shall constitute a quorum, and all action shall be taken upon a majority vote of the members present and voting.

(d), (e) [Repealed.]

(Amended 1989, No. 253 (Adj. Sess.), § 5; 2005, No. 27, § 48; 2015, No. 38, § 16, eff. May 28, 2015.)

§ 1792 Powers; duties

(a) In addition to its other powers and duties, the Board shall:

(1) Provide general information to applicants.

(2) Explain appeal procedures to licensees and applicants and complaint procedures to the public.

(3) Adopt rules that establish the activities that must be completed by an applicant in order to fulfill the experience requirements of this chapter. The rules shall require that the applicant’s experience be under the supervision of an osteopathic physician licensed under this chapter. Such activities shall be designed to ensure that all applicants acquire experience in critical areas of osteopathic medicine, but shall not limit admission to licensure unless there is good reason to believe that licensure of a particular applicant would be inconsistent with safeguarding the public welfare.

(b) The Board may adopt rules necessary for the performance of its duties.

(Amended 1989, No. 253 (Adj. Sess.), § 6; amended 2015, No. 38, § 17, eff. May 28, 2015.)

§ 1793 Repealed

[Repealed]

1989, No. 253 (Adj. Sess.), § 19.

§ 1794 Fees

(a) Applicants and persons regulated under this chapter shall pay the following fees:

| | (1) | Application | | | --- | --- | --- | --- | | | | (A) Licensure | $450.00 | | | | (B) Limited temporary license | $75.00 | | | (2) | Biennial license renewal | $350.00 | | | (3) | Annual limited temporary license renewal | $145.00 |

(b) If at any time an assessment is imposed on the State for its membership in the Interstate Medical Licensure Compact Commission pursuant to section 1420m of this title, the Board and the Board of Medical Practice shall assume responsibility for paying the assessment from their respective special funds in proportional amounts based on their numbers of licensees for professions eligible for licensure through the Compact.

(Amended 1989, No. 253 (Adj. Sess.), § 7; 1991, No. 167 (Adj. Sess.), § 35; 1993, No. 108 (Adj. Sess.), § 18; 1997, No. 59, § 57, eff. June 30, 1997; 1999, No. 49, § 177; 2001, No. 143 (Adj. Sess.), § 27, eff. June 13, 2002; 2005, No. 202 (Adj. Sess.), § 16; 2011, No. 128 (Adj. Sess.), § 1; 2015, No. 57, § 1; 2017, No. 115 (Adj. Sess.), § 3b, eff. Jan. 1, 2020; 2019, No. 178 (Adj. Sess.), § 10, eff. Oct. 1, 2020; 2023, No. 77, § 29, eff. June 20, 2023.)

Subchapter 3 Licenses and Examination

§ 1830 Repealed

[Repealed]

2015, No. 38, § 18, eff. May 28, 2015.

§ 1831 Qualifications for licensure

(a) To be eligible for licensure as an osteopathic physician, an applicant shall have attained the age of majority and shall provide evidence, acceptable to the Board, that he or she has satisfactorily completed all of the following:

(1) A course of study in osteopathic education from an accredited school or college of osteopathic medicine as evidenced by a graduation certificate.

(2) Documentation of no less than one year of an approved program of postgraduate training.

(b) In addition to the requirements of subsection (a) of this section, an applicant shall pass the Comprehensive Osteopathic Medical Licensing Examination — USA (COMLEX) or the U.S. Medical Licensing Examination (USMLE) or their successor or equivalent examinations approved by the Board unless the applicant is exempt from all or a part of the examination under the provisions of section 1832 or 1832a of this title.

(c) In addition to the requirements of this section, an applicant shall present evidence of good character and competence relating to his or her fitness to practice osteopathic medicine from the chief of service and two other active physician staff members at the hospital or institution where the applicant was last affiliated, if the applicant has been affiliated with a hospital or institution. The Board may seek evidence relating to the character and competence of the applicant from other sources. At the discretion of the Board, the applicant may present evidence relating to character and competence from different sources.

(Amended 1971, No. 184 (Adj. Sess.), § 21, eff. March 29, 1972; 1989, No. 250 (Adj. Sess.), §§ 49, 50; 1989, No. 253 (Adj. Sess.), § 9; 2009, No. 103 (Adj. Sess.), § 16.)

§ 1832 Examination

The Board or its designee shall administer examinations to applicants for licensure at least twice each year if applications are pending. Examinations shall be designed and implemented to ensure that all applicants are admitted to practice unless there is good reason to believe that practice by a particular applicant would be inconsistent with the public health, safety, and welfare; they shall not be designed for the purpose of limiting the number of licensees.

(Amended 1989, No. 253 (Adj. Sess.), § 10; 2009, No. 103 (Adj. Sess.), § 17.)

§ 1832a Licensure without examination

(a) A person shall be entitled to licensure without examination if he or she is a diplomate of the National Board of Examiners for Osteopathic Physicians and Surgeons.

(b) A person shall be entitled to licensure without examination if, at the time of application, he or she produces satisfactory evidence of the following and, in the judgment of the Board, he or she is qualified in all respects for a license:

(1) licensure in another U.S. or Canadian jurisdiction whose requirements are substantially equivalent to the requirements of this chapter; and

(2) the person has been granted a diploma by an accredited school or college of osteopathic medicine.

(Added 1989, No. 253 (Adj. Sess.), § 11; amended 2015, No. 38, § 19, eff. May 28, 2015.)

§ 1833 Reexamination

A person who fails to pass the Vermont examination required under section 1832 of this title may apply for reexamination and may, upon payment of the examination fee, sit for any regularly scheduled examination. If an applicant does not pass the entire examination, the applicant shall not be required to retake any section of an examination that the applicant has previously passed.

(Amended 1989, No. 253 (Adj. Sess.), § 12.)

§ 1834 Limited temporary license

(a) An applicant for a limited temporary license shall meet the following requirements:

(1) have attained the age of majority;

(2) be a graduate of an accredited school or college of osteopathic medicine;

(3) be appointed as an intern, resident, fellow, or medical officer in an approved hospital or in a clinic that is affiliated with an approved hospital, or in any hospital or institution maintained by the State, or in any clinic or outpatient clinic affiliated with or maintained by the State; and

(4) pass Parts 1 and 2 of the Comprehensive Osteopathic Medical Licensing Examination — USA (COMLEX) or Parts 1 and 2 of the U.S. Medical Licensing Examination (USMLE) or their successor or equivalent examinations approved by the Board, unless the applicant is exempt from all or a part of the examination under the provisions of section 1832 or 1832a of this chapter.

(b) The Board may grant a limited temporary license for a period of one year to an applicant who furnishes satisfactory proof of meeting the requirements set forth in subsection (a) of this section, and pays the required fee. A temporary license may be renewed or reissued only four times whether or not consecutive.

(c) A limited temporary license shall entitle the applicant to practice only in the hospital or other institution designated on the applicant’s limited temporary license and in clinics or outpatient clinics operated by or affiliated with such designated hospital or institution and only under the direct supervision and control of an osteopathic or allopathic physician licensed under this chapter or chapter 23 of this title. The supervising physician shall provide the Board with information regarding the names and addresses of the supervising physician and the limited temporary licensee and the name of the hospital or other institution in which the person will practice.

(d) The supervising physician shall be responsible for negligent or wrongful acts or omissions of the limited temporary licensee.

(e) The limited temporary licensee shall at all times exercise the same standard of care and skill as an osteopathic physician, practicing in the same specialty, in the State of Vermont.

(f) A limited temporary license shall expire upon occurrence of any of the following events:

(1) The death or legal incompetency of the supervising physician.

(2) Withdrawal of the filing by the supervising physician, provided the supervising physician gives 10 days’ written notice to the licensee and the hospital or institution.

(g) A limited temporary license granted under this section shall expire immediately upon termination of the licensee’s appointment as intern, resident, fellow, or medical officer of the designated hospital or institution.

(Amended 1989, No. 253 (Adj. Sess.), § 13; 2015, No. 38, § 20, eff. May 28, 2015.)

§ 1835 Repealed

[Repealed]

1989, No. 253 (Adj. Sess.), § 19.

§ 1836 Biennial renewal of license; continuing education

(a)(1) A license issued under this chapter shall be renewed every two years upon application, payment of the required fee, and proof of completion of required continuing education. Failure to comply with the provisions of this section shall result in the suspension of all privileges granted to the licensee, beginning on the expiration date of the license.

(2) 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 ensure that an applicant whose license has lapsed or who has not worked for more than three years as an osteopathic physician is professionally qualified for license renewal. Conditions imposed under this subsection shall be in addition to the requirements of subsection (a) of this section.

(c) As a condition of renewal, a licensee shall complete a minimum of 30 hours of continuing medical education, during the preceding two-year period. The 30 hours of continuing medical education shall meet the requirements established by the Board by rule.

(d) [Repealed.]

(Amended 1989, No. 250 (Adj. Sess.), § 51; 1989, No. 253 (Adj. Sess.), § 14; 2013, No. 27, § 20; 2015, No. 38, § 21, eff. May 28, 2015; 2023, No. 77, § 6, eff. June 20, 2023; 2023, No. 85 (Adj. Sess.), § 331, eff. July 1, 2024.)

§ 1837 Repealed

[Repealed]

2015, No. 38, § 22, eff. May 28, 2015.

Subchapter 4 Denials; Unprofessional Conduct and Discipline

§ 1841 Repealed

[Repealed]

2015, No. 38, § 22, eff. May 28, 2015.

§ 1842 Unprofessional conduct

(a) A person licensed under this chapter shall not engage in unprofessional conduct. If such conduct is committed by an applicant it shall be grounds for denial of a license.

(b) Unprofessional conduct means the following conduct and conduct set forth in 3 V.S.A. § 129a:

(1) Inability to practice osteopathic medicine with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition.

(2) Misrepresentation or concealment of a material fact in the obtaining of a license to practice osteopathic medicine, or renewal or reinstatement of a license.

(3) Suspension or revocation of the physician’s license to practice osteopathic medicine and surgery by competent authority in any state, federal, or foreign jurisdiction.

(4) Willful disregard of the subpoena or notice of the Board.

(5) Failure to keep written medical records justifying the course of treatment of the patient, including patient histories, examination results, and test results.

(6) Exploitation of a patient for financial, personal, or professional gain.

(7) Performing professional services that have not been authorized by the patient or his or her legal representative.

(8) Performing any procedure or prescribing any therapy that, by the prevailing standards of medical practice in the community, would constitute experimentation of a human subject, without first obtaining full, informed, and written consent.

(9) Delegating professional responsibilities to a person who the licensee knows or has reason to know is not qualified by training, experience, or licensure to perform them.

(10) Agreeing with any other person or organization, or subscribing to any code of ethics or organizational bylaws, when the intent or primary effect of that agreement, code, or bylaw is to restrict or limit the flow of information concerning alleged or suspected unprofessional conduct to the Board.

(11) Use of the services of an anesthesiologist assistant in a manner that is inconsistent with the provisions of chapter 29 of this title.

(12) Use of the services of a radiologist assistant in a manner that is inconsistent with the provisions of chapter 52 of this title.

(13) Use of conversion therapy as defined in 18 V.S.A. § 8351 on a client younger than 18 years of age.

(Added 1989, No. 253 (Adj. Sess.), § 15; amended 1997, No. 145 (Adj. Sess.), § 42; 2003, No. 34, § 2, eff. May 23, 2003; 2009, No. 103 (Adj. Sess.), § 19b, eff. May 12, 2010; 2015, No. 138 (Adj. Sess.), § 4.)

§§ 1843, 1844 Repealed

[Repealed]

2015, No. 38, § 22, eff. May 28, 2015.

§ 1845 Repealed

[Repealed]

2005, No. 148 (Adj. Sess.), § 54.

Subchapter 5 Health Maintenance Organization Medical Director

§§ 1851-1856 Repealed

[Repealed]

2015, No. 38, § 22, eff. May 28, 2015.

Chapter 35 Pharmacy

Subchapter 1 General Provisions

§§ 1891-1893 Repealed

[Repealed]

1977, No. 266 (Adj. Sess.), § 3.

§ 1894 Repealed

[Repealed]

1981, No. 244 (Adj. Sess.), § 17.

§§ 1895, 1896 Repealed

[Repealed]

1977, No. 266 (Adj. Sess.), § 3.

§ 1897 Repealed

[Repealed]

2001, No. 151 (Adj. Sess.), § 20.

Subchapter 2 State Board of Pharmacy

§§ 1931-1936 Repealed

[Repealed]

1977, No. 266 (Adj. Sess.), § 3.

Subchapter 3 Licenses to Practice Pharmacy

§§ 1971-1977 Repealed

[Repealed]

1977, No. 266 (Adj. Sess.), § 3.

Subchapter 4 Registration of Pharmacies

§§ 2011-2016 Repealed

[Repealed]

1977, No. 266 (Adj. Sess.), § 3.

Chapter 36 Pharmacy

Subchapter 1 General Provisions

§ 2021 Statement of purpose

It is the purpose of this chapter to promote, preserve, and protect the public health, safety, and welfare by and through the effective control and regulation of the practice of pharmacy and of the registration of drug outlets engaged in the manufacture, production, sale, and distribution of drugs, medications, and other such materials as may be used in the diagnosis and treatment of injury, illness, and disease.

(Added 1977, No. 266 (Adj. Sess.), § 1; amended 2011, No. 66, § 6, eff. June 1, 2011.)

§ 2022 Definitions

As used in this chapter:

(1) “Blood” means whole blood collected from a single donor and processed either for transfusion or further manufacturing.

(2) “Blood component” means that part of blood separated by physical or mechanical means.

(3) “Board of Pharmacy” or “Board” means the Vermont State Board of Pharmacy.

(4) “Disciplinary action” or “disciplinary cases” includes any action taken by the Board against a licensee or others premised upon a finding of unprofessional conduct by the licensee. It includes all sanctions of any kind, including obtaining injunctions, issuing warnings, and other similar sanctions.

(5) “Dispense” or “dispensing” means the preparation and delivery of a prescription drug pursuant to a lawful order of a practitioner in a suitable container appropriately labeled for subsequent administration to or use by a patient or other individual entitled to receive the prescription drug.

(6) “Drug” means:

(A) articles recognized as drugs in the official U.S. Pharmacopoeia, official national formulary, official homeopathic pharmacopoeia, other drug compendium, or any supplement to any of them;

(B) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans;

(D) articles intended for use as a component of any articles specified in subdivision (A), (B), or (C) of this subdivision (6).

(7) “Drug outlet” means all pharmacies, wholesalers, manufacturers, and other entities that are engaged in the manufacture, dispensing, delivery, or distribution of prescription drugs.

(8) “Drug sample” means a unit of a prescription drug that is not intended to be sold and is intended to promote the sale of the drug.

(9) “Financial interest” means being:

(A) a licensed practitioner of pharmacy;

(B) a person who deals in goods and services that are uniquely related to the practice of pharmacy;

(D) a person who is a parent, child, brother, sister, grandparent, or spouse of any person otherwise having a “financial interest” under this subsection.

(10) “Manufacturer” means a person, regardless of form, engaged in the manufacturing of drugs or devices.

(11)(A) “Manufacturing” means the production, preparation, propagation, conversion, or processing of a drug or device, either directly or indirectly, by extraction from substances of natural origin or independently by means of chemical or biological synthesis.

(B) “Manufacturing” includes the packaging or repackaging of a drug or device; the labeling or relabeling of the container of a drug or device for resale by a pharmacy, practitioner, or other person; and virtual manufacturing by an entity that sells its own prescription drug or device without physically possessing the product.

(12) “Nonprescription drugs” means nonnarcotic medicines or drugs that may be sold without a prescription and that are prepackaged for use by the consumer and labeled in accordance with the requirements of the statutes and regulations of this State and the federal government.

(13) “Pharmacist” means an individual licensed under this chapter.

(14) “Pharmacy technician” means an individual who, only while assisting and under the supervision of a licensed pharmacist, performs tasks relative to dispensing prescription drugs, administering immunizations, and performing tests for COVID-19. Pharmacy technicians shall administer immunizations and perform tests for COVID-19 in compliance and accordance with section 2042a of this title.

(15)(A) “Practice of pharmacy” means:

(i) interpreting and evaluating prescription orders;

(ii) compounding, dispensing, and labeling drugs and legend devices (except labeling by a manufacturer, packer, or distributor of nonprescription drugs and commercially packaged legend drugs and legend devices);

(iii) participating in drug selection and drug utilization reviews;

(iv) properly and safely storing drugs and legend devices, and maintaining proper records therefor;

(v) advising, where necessary or where regulated, of therapeutic values, content, hazards, and use of drugs and legend devices;

(vi) providing patient care services within the pharmacist’s authorized scope of practice;

(vii) the practice of clinical pharmacy; and

(viii) performing or offering to perform those acts, services, operations, or transactions necessary in the conduct, operation, management, and control of pharmacy.

(B) “Practice of clinical pharmacy” or “clinical pharmacy” means:

(i) the health science discipline in which, in conjunction with the patient’s other practitioners, a pharmacist provides patient care to optimize medication therapy and to promote disease prevention and the patient’s health and wellness;

(ii) providing patient care services within the pharmacist’s authorized scope of practice, including medication therapy management, comprehensive medication review, and postdiagnostic disease state management services;

(iii) practicing pharmacy pursuant to a collaborative practice agreement; or

(iv) prescribing as provided under section 2023 of this subchapter.

(C) The Board shall not adopt any rule requiring that pharmacists or pharmacies be involved in the sale and distribution of nonprescription drugs; provided, however, that nothing in this subdivision (C) shall limit the authority of the Board to adopt rules applicable to the elective sale or distribution of nonprescription drugs by pharmacists or pharmacies.

(16) “Practitioner” means an individual authorized by the laws of the United States or its jurisdictions or Canada to prescribe and administer prescription drugs in the course of his or her professional practice and permitted by that authorization to dispense, conduct research with respect to, or administer drugs in the course of his or her professional practice or research in his or her respective state or province.

(17) “Prescription drug” means any human drug required by federal law or regulation to be dispensed only by a prescription, including finished dosage forms and active ingredients subject to Section 503(b) of the Federal Food, Drug and Cosmetic Act.

(18) “Wholesale distribution” means distribution of prescription drugs to persons other than a consumer or patient, but does not include:

(A) Intracompany sales, meaning any transaction or transfer between any division, subsidiary, parent, or affiliated or related company under common ownership and control of a corporate entity.

(B) The purchase or other acquisition by a hospital or other health care entity that is a member of a group purchasing organization of a drug for its own use from the group purchasing organization or from other hospitals or health care entities that are members of such organizations.

(C) The sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug by a charitable organization described in Section 501(c)(3) of the U.S. Internal Revenue Code of 1986, as amended, to a nonprofit affiliate of the organization to the extent otherwise permitted by law.

(D) The sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug among hospitals or other health care entities that are under common control. For purposes of this subdivision, “common control” means the power to direct or cause the direction of the management and policies of a person or an organization, whether by ownership of stock, voting rights, by contract or otherwise.

(E) The sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug for “emergency medical reasons.” For purposes of this subdivision, “emergency medical reasons” include transfers of prescription drugs by a retail pharmacy to another retail pharmacy to alleviate a temporary shortage.

(F) The sale, purchase, or trade of a drug, an offer to sell, purchase, or trade a drug, or the dispensing of a drug pursuant to a prescription.

(G) The distribution of drug samples by manufacturers’ representatives or distributors’ representatives.

(H) The sale, purchase, or trade of blood or blood components intended for transfusion.

(19)(A) “Wholesale distributor” means any person who is engaged in wholesale distribution of prescription drugs, including virtual distribution by an entity that sells a prescription drug or device without physically possessing the product.

(B) “Wholesale distributor” does not include any for-hire carrier or person hired solely to transport prescription drugs.

(20) “Collaborative practice agreement” means a written agreement between a pharmacist and a health care facility or prescribing practitioner that permits the pharmacist to engage in the practice of clinical pharmacy for the benefit of the facility’s or practitioner’s patients.

(21) “Self-administered hormonal contraceptive” means a contraceptive medication or device approved by the U.S. Food and Drug Administration that prevents pregnancy by using hormones to regulate or prevent ovulation and that uses an oral, transdermal, subcutaneous, or vaginal route of administration.

(22) “Emergency contraception” means any drug approved by the U.S. Food and Drug Administration as a contraceptive method for use after sexual intercourse, whether provided over the counter or by prescription.

(Added 1977, No. 266 (Adj. Sess.), § 1; amended 1981, No. 244 (Adj. Sess.), §§ 1, 2, 18; 1991, No. 240 (Adj. Sess.), § 1; 2003, No. 60, § 7; 2007, No. 163 (Adj. Sess.), § 12; 2009, No. 103 (Adj. Sess.), § 18; 2013, No. 27, § 22; 2015, No. 38, § 23, eff. May 28, 2015; 2015, No. 173 (Adj. Sess.), § 5, eff. June 8, 2016; 2017, No. 144 (Adj. Sess.), § 20; 2019, No. 30, § 14; 2019, No. 178 (Adj. Sess.), § 11, eff. Oct. 1, 2020; 2023, No. 15, § 11, eff. September 1, 2023; 2023, No. 77, § 7, eff. June 20, 2023.)

§ 2023 Clinical pharmacy; prescribing

(a) In accordance with applicable rules adopted by the Board, a pharmacist may engage in the practice of clinical pharmacy, including prescribing as set forth in subsection (b) of this section, provided that a pharmacist shall not:

(1) prescribe a regulated drug as defined in 18 V.S.A. § 4201;

(2) prescribe a biological product as defined in 18 V.S.A. § 4601, other than an insulin medication, an influenza vaccine or vaccine to mitigate a significant public health risk, or, pursuant to a collaborative practice agreement, another vaccine; or

(3) initiate antibiotic therapy, except pursuant to a collaborative practice agreement.

(b) A pharmacist may prescribe in the following contexts:

(1) Collaborative practice agreement. A pharmacist may prescribe, for the patient or patients of a prescribing practitioner licensed pursuant to this title, within the scope of a written collaborative practice agreement with that primary prescriber.

(A) The collaborative practice agreement shall require the pharmacist and collaborating practitioner to contemporaneously notify each other of any change in the patient’s pharmacotherapy or known medical status.

(B) Under a collaborative practice agreement, a pharmacist may select or modify antibiotic therapy for a diagnosed condition under the direction of the collaborating practitioner.

(2) State protocol.

(A) A pharmacist may prescribe, order, or administer in a manner consistent with valid State protocols that are approved by the Commissioner of Health after consultation with the Director of Professional Regulation and the Board and the ability for public comment:

(i) opioid antagonists;

(ii) epinephrine auto-injectors;

(iii) tobacco cessation products;

(iv) tuberculin purified protein derivative products;

(v) self-administered hormonal contraceptives, including subcutaneous depot medroxyprogesterone acetate;

(vi) dietary fluoride supplements;

(vii) for patients 18 years of age or older, vaccinations recommended by the Centers for Disease Control and Prevention’s Advisory Committee on Immunization Practices (ACIP) and administered consistently with the ACIP-approved immunization schedules, as may be amended from time to time;

(viii) for patients five years of age or older, influenza vaccine, COVID-19 vaccine, and subsequent formulations or combination products thereof;

(ix) in the event of a significant public health risk, an appropriate vaccine to mitigate the effects on public health after finding that existing channels for vaccine administration are insufficient to meet the public health need;

(x) emergency prescribing of albuterol or glucagon while contemporaneously contacting emergency services;

(xi) tests for COVID-19 for individuals by entities holding a Certificate of Waiver pursuant to the Clinical Laboratory Amendments of 1988 (42 U.S.C. § 263a). If a test for COVID-19, prescribed, ordered, or administered by a pharmacist in accordance with this section and the resulting State protocol incidentally detects influenza or human respiratory syncytial virus, a pharmacist shall advise the individual tested that the results indicate influenza or human respiratory syncytial virus infection and recommend to the individual to seek further care from an appropriate health care provider;

(xii) tests for SARS-CoV for asymptomatic individuals or related serology for individuals by entities holding a Certificate of Waiver pursuant to the Clinical Laboratory Amendments of 1988 (42 U.S.C. § 263a); and

(xiii) emergency contraception.

(B)(i) State protocols shall be valid if signed by the Commissioner of Health and the Director of Professional Regulation, and the Board of Pharmacy shall feature the active protocol conspicuously on its website.

(ii) The Commissioner of Health may invalidate a protocol if the Commissioner finds that the protocol’s continued operation would pose an undue risk to the public health, safety, or welfare and signs a declaration to that effect. Upon such a declaration, the Director shall remove the invalidated protocol from the Board website and shall cause electronic notice of the protocol’s discontinuation to be transmitted to all Vermont drug outlets.

(3) Accessory devices. A pharmacist may prescribe accessory-type devices, such as spacers, needles, and diabetic testing supplies, where clinically indicated in the judgment of the pharmacist.

(4) Prescriber-authorized substitution. A prescribing practitioner licensed pursuant to this title may authorize a pharmacist to substitute a drug with another drug in the same therapeutic class that would, in the opinion of the pharmacist, have substantially equivalent therapeutic effect even though the substitute drug is not a therapeutic equivalent drug, provided:

(A) the prescriber has clearly indicated that drug product substitution is permissible by indicating “therapeutic substitution allowed” or similar designation;

(B) the drug product substitution is intended to ensure formulary compliance with the patient’s health insurance plan or otherwise to minimize cost to the patient;

(D) the pharmacist or designee notifies the prescriber which drug was dispensed as a substitute within five days of dispensing.

(5) Over-the-counter availability. A pharmacist may prescribe over-the-counter drugs where appropriate to reduce costs to the patient, such as by drawing from a health savings account or flexible spending account.

(6) Short-term extensions.

(A) A pharmacist may extend a previous prescription in the absence of a collaborative practice agreement or a State protocol so long as the pharmacist provides only sufficient quantity to the patient until the patient is able to consult with another practitioner, not to exceed a five-day supply or the smallest available unit, and takes all reasonable measures to notify the patient’s primary care provider of record or the appropriate original prescriber, if the original prescriber is different from the primary care provider of record.

(B) A short-term extension shall be provided on a one-time basis.

(1) specify the required elements of a collaborative practice agreement;

(2) prohibit conflicts of interest and inappropriate commercial incentives related to prescribing, such as reimbursement based on brands or numbers of prescriptions filled, renewing prescriptions without request by a patient, steering patients to particular brands or selections of products based on any commercial relationships, or acceptance of gifts offered or provided by manufactures in violation of 18 V.S.A. § 4631a;

(3) define appropriate bounds of short-term extension prescribing; and

(4) establish minimum standards for patient privacy in clinical consultation.

(Added 2015, No. 173 (Adj. Sess.), § 6, eff. June 8, 2016; amended 2019, No. 178 (Adj. Sess.), § 11, eff. Oct. 1, 2020; 2021, No. 20, § 262; 2023, No. 15, § 11, eff. May 10, 2023; 2023, No. 77, § 8, eff. June 20, 2023.)

§ 2024 Confidentiality of prescriber and pharmacist information on medications for legally protected health care activity

(a) As used in this section:

(1) “Gender-affirming health care services” and “reproductive health care services” have the same meanings as in 1 V.S.A. § 150.

(2) “Noncontrolled medication” means a medication that is not a controlled substance as defined in 21 U.S.C. § 802.

(b)(1) Upon the request of a prescribing practitioner and to the extent not expressly required under federal law, a pharmacist or other licensed member of the pharmacy staff shall redact or otherwise remove the practitioner’s name or initials from a fulfilled prescription for a noncontrolled medication for gender-affirming health care services or reproductive health care services, and from any accompanying printed materials.

(2) A pharmacist may, or, upon the pharmacist’s request, another licensed member of the pharmacy staff shall, redact or otherwise remove the pharmacist’s name or initials from a fulfilled prescription for a noncontrolled medication for gender-affirming health care services or reproductive health care services, and from any accompanying printed materials.

(3) If a prescribing practitioner dispenses medication directly to patients for gender-affirming health care services or reproductive health care services, or both, the practitioner may redact or otherwise remove the practitioner’s own name or initials from a fulfilled prescription for a noncontrolled medication for gender-affirming health care services or reproductive health care services, and from any accompanying printed materials.

(c) Nothing in this chapter or the rules governing the pharmacy profession shall be construed to require a pharmacist or other licensed member of a pharmacy’s staff to list the prescribing practitioner’s or pharmacist’s name or initials on a fulfilled prescription for noncontrolled medication for gender-affirming health care services or reproductive health care services.

(d) A pharmacist or other licensed member of a pharmacy’s staff shall be immune from civil and administrative liability for failing to redact or remove the name of a prescriber or pharmacist when requested to do so pursuant to subdivision (b)(1) or (2) of this section; provided, however, that this immunity shall not apply to gross negligence, recklessness, or intentional misconduct by a pharmacist or other licensed member of the pharmacy staff.

(Added 2025, No. 20, § 13, eff. May 13, 2025.)

Subchapter 2 Board of Pharmacy

§ 2031 Creation; appointment; terms; organization

(a)(1) There is hereby created the Board of Pharmacy to enforce the provisions of this chapter.

(2) The Board shall consist of eight members, five of whom shall be pharmacists licensed under this chapter with five years of experience in the practice of pharmacy in this State. One member shall be a pharmacy technician registered under this chapter. Two members shall be members of the public having no financial interest in the practice of pharmacy.

(b) Members of the Board shall be appointed by the Governor pursuant to 3 V.S.A. §§ 129b and 2004.

(Added 1977, No. 266 (Adj. Sess.), § 1; amended 1981, No. 244 (Adj. Sess.), § 3; 1997, No. 145 (Adj. Sess.), § 31; 2005, No. 27, § 49; 2017, No. 144 (Adj. Sess.), § 20; 2019, No. 30, § 14.)

§ 2032 Powers; duties; limitations

(a) The Board shall adopt rules necessary for the performance of its duties, including:

(1) scope of the practice of pharmacy;

(2) qualifications for obtaining licensure;

(3) explanations of appeal and other rights given to licensees, applicants, and the public;

(4) rules regulating pharmacy technicians; and

(5) provisions for the inspection of any regulated entity or commercial location where legend drugs are manufactured or kept.

(b) The Board of Pharmacy shall supervise the practice of pharmacy in this State, including the following:

(1) the determination and issuance of standards for recognition and approval of schools and colleges of pharmacy whose graduates shall be eligible for licensure in this State, and the specification and enforcement of requirements for practical training;

(2) the enforcement of those provisions of this chapter relating to the conduct or competence of pharmacists practicing in this State, and the suspension, revocation, or restriction of licenses to engage in the practice of pharmacy; and

(3) an internship program that shall have the following elements:

(A) a curriculum governing the internship that requires an intern to spend at least 50 percent of the internship on compounding, dispensing, or inventorying prescription drugs under the direct supervision of a licensed pharmacist, and maintaining required records;

(B) the establishment of a referral function administered by the Office of Professional Regulation whereby the Board collects information on available internships and disseminates this information to prospective interns; and

(C) allowance of up to 1,240 hours of the program to be “concurrent time” or internship time served under the supervision of, concurrent with, or part of an educational course requirement leading to a pharmacy degree, as defined by Board rule, or by equivalent service in any branch of the U.S. Armed Forces, as defined by Board rule.

(c) The Board of Pharmacy shall also have the following responsibilities in regard to medications, drugs, legend devices, and other materials used in this State in the diagnosis, mitigation, and treatment or prevention of injury, illness, and disease:

(1) the regulation of the sale, compounding, administration, and dispensing of medications, drugs, legend devices, and other materials, including the right to seize any such drugs, legend devices, and other materials found to be detrimental to the public health and welfare by the Board pursuant to an appropriate hearing as required under the Administrative Procedure Act;

(2) the specifications of minimum professional and technical equipment, environment, supplies, and procedures for the compounding or dispensing of such medications, drugs, legend devices, and other materials within the practice of pharmacy;

(3) the control of the purity and quality of such medications, drugs, legend devices, and other materials within the practice of pharmacy; and

(4) the issuance of certificates of registration and licenses of drug outlets.

(d) The Board:

(1) shall make examinations available at least twice each year and pass upon the qualifications of applicants for licensing; and

(2) may enact rules for continuing education requirements and approve continuing education programs.

(e) With the approval of the Board, the Director of the Office of Professional Regulation may employ or contract with persons as may be necessary to carry out the duties of the Board.

(f) The Board or its authorized representatives shall also have power to investigate and gather evidence concerning alleged violations of the provisions of this chapter or of the rules and regulations of the Board. The Board may take testimony under oath and may compel the attendance of witnesses and the production of tangible evidence by serving a subpoena.

(g) The Board may by rule adopt standards for creating, licensing, and operating remote pharmacies and automatic dispensing units in Vermont.

(h) It shall be lawful for a drug outlet licensed under this chapter to sell and distribute nonprescription drugs. Drug outlets engaging in the sale and distribution of such items shall not be deemed to be improperly engaged in the practice of pharmacy. A rule or regulation shall not be adopted by the Board under this chapter that shall require the sale of nonprescription drugs by a licensed pharmacist or under the supervision of a licensed pharmacist or otherwise apply to or interfere with the sale and distribution of such medicines.

(Added 1977, No. 266 (Adj. Sess.), § 1; amended 1979, No. 158 (Adj. Sess.), § 4, eff. April 28, 1980; 1981, No. 244 (Adj. Sess.), § 4; 1983, No. 230 (Adj. Sess.), § 8; 1989, No. 250 (Adj. Sess.), § 4(d); 1997, No. 40, § 24; 2001, No. 127 (Adj. Sess.), § 2b, eff. June 13, 2002; 2003, No. 60, § 8; 2005, No. 148 (Adj. Sess.), § 17; 2007, No. 163 (Adj. Sess.), § 13; 2009, No. 4, § 104a, eff. April 29, 2009; 2009, No. 35, § 33; 2011, No. 66, § 6, eff. June 1, 2011; 2013, No. 27, § 23; 2019, No. 30, § 14.)

Subchapter 3 Licensing

§ 2041 Unlawful practice

(a) It shall be unlawful for any person to engage in the practice of pharmacy unless licensed to so practice under the provisions of this chapter; provided, however, physicians, dentists, veterinarians, osteopaths, or other practitioners of the healing arts who are licensed under the laws of this State may dispense and administer prescription drugs to their patients in the practice of their respective professions where specifically authorized to do so by statute of this State.

(b) Any person, including a business entity, violating this section shall be subject to the penalties provided in 3 V.S.A. § 127.

(Added 1977, No. 266 (Adj. Sess.), § 1; amended 1981, No. 244 (Adj. Sess.), § 5; 2007, No. 29, § 31; 2017, No. 48, § 12; 2017, No. 144 (Adj. Sess.), § 20.)

§ 2042 Qualifications for licensure

(a) To obtain a license to engage in the practice of pharmacy, an applicant for licensure by examination shall:

(1) have attained the age of majority;

(2) have graduated and received the professional undergraduate degree from a school or college of pharmacy that has been approved by the Board of Pharmacy, or, for foreign-trained applicants, have successfully passed an examination demonstrating that their education was equivalent to the education at a Board-approved school or college;

(3) if required by subdivision 2032(b)(3) of this title, have completed any internship program established by the Board or demonstrated experience in the practice of pharmacy that meets or exceeds any internship requirement established under this chapter;

(4) have successfully passed an examination required by the Board of Pharmacy;

(5) paid the fees specified by this chapter.

(b) The Board may license by endorsement an applicant who is licensed under the laws of another state whose requirements the Board deems to be substantially equal to those of this State.

(c) Licensing standards promulgated by the Board and its procedures shall be fair and reasonable and shall be designed and implemented to measure and reasonably ensure an applicant’s qualifications to practice pharmacy. They shall not be designed or implemented for the purpose of limiting the number of licensees.

(d) If a licensee has a principal place of business, the license shall be prominently displayed at that place.

(Added 1977, No. 266 (Adj. Sess.), § 1; amended 1981, No. 244 (Adj. Sess.), § 6; 1989, No. 250 (Adj. Sess.), § 52; 2009, No. 35, § 33a.)

§ 2042a Pharmacy technicians; qualifications for registration

(a) No person shall perform the duties of a pharmacy technician unless registered with the Board. To obtain a registration as a pharmacy technician, an applicant shall:

(1) not have engaged in acts that affect the ability of the applicant to practice as a pharmacy technician;

(2) if required by rules adopted by the Board, be certified or eligible for certification by a national pharmacy technician certification authority; and

(3) have paid the fee specified in section 2046 of this chapter.

(b) Pharmacy technicians administering immunizations shall meet the following requirements:

(1) hold a registration as a pharmacy technician in accordance with subsection (a) of this section;

(2) hold a current CPR certification;

(3) have successfully completed an Accreditation Council of Pharmacy Education–accredited training program approved by the Board; and

(4) successfully complete two hours of immunization-related continuing education approved by the Accreditation Council for Pharmacy Education every two-year licensing period.

(1) to patients 18 years of age or older, as established in subdivision 2023(b)(2)(A)(vii) and the resulting State protocol;

(2) to patients five years of age or older, influenza vaccine, COVID-19 vaccine, and subsequent formulations or combination products thereof, in accordance with subdivision 2023(b)(2)(A)(viii) and the resulting State protocol;

(3) pursuant to the schedules and recommendations of the Advisory Committee on Immunization Practices’ recommendations for the administration of immunizations, as those recommendations may be updated from time to time; and

(4) when a licensed pharmacist who is trained to immunize is present and able to assist with the immunization, as needed.

(d) Pharmacy technicians shall administer only those immunizations that:

(1) are recommended by the Centers for Disease Control and Prevention’s Advisory Committee on Immunization Practices (ACIP); and

(2) licensed pharmacists are permitted to administer under the State clinical pharmacy protocol, as established in subdivision 2023(b)(2) of this title.

(e) Pharmacy technicians performing COVID-19 tests shall do so only:

(1) when a licensed pharmacist who is trained to perform COVID-19 tests is present and able to assist with the test, as needed;

(2) in accordance with a State protocol adopted under subdivision 2023(b)(2)(A)(x) of this title; and

(3) in accordance with rules adopted by the Board.

(f) The Board may adopt rules regarding the administration of immunizations and the performance of COVID-19 tests by pharmacy technicians.

(Added 2003, No. 60, § 9; amended 2013, No. 138 (Adj. Sess.), § 12; 2023, No. 77, § 9, eff. June 20, 2023.)

§ 2042b Repealed

[Repealed]

2019, No. 30, § 14.

§ 2043 Repealed

[Repealed]

1981, No. 244 (Adj. Sess.), § 17.

§§ 2044, 2045 Repealed

[Repealed]

2017, No. 144 (Adj. Sess.), § 20.

§ 2046 Fees

Applicants and persons regulated under this chapter shall pay the following fees:

(1) Initial application:

| | (A) Pharmacists | $155.00 | | --- | --- | --- | | | (B) Retail drug outlets | $410.00 | | | (C) Institutional drug outlets | $460.00 | | | (D) Manufacturing drug outlet | $550.00 | | | (E) Wholesale drug outlet | $800.00 | | | (F) Investigative and research projects | $410.00 | | | (G) Pharmacy technicians | $70.00 | | | (H) Outsourcing drug outlet | $800.00 | | | (I) Nuclear drug outlet | $800.00 | | | (J) Compounding drug outlet | $800.00 | | | (K) Home infusion drug outlet | $800.00 | | | (L) Third-party logistics | $800.00 | | | (M) Pharmacy interns | $25.00 | | | (N) Nonresident manufacturers | $800.00 | | | (O) Community-based long-term care pharmacy | $550.00 | | | (P) Institutional long-term care pharmacy | $550.00 |

(2) Biennial renewal:

| | (A) Pharmacists | $145.00 | | --- | --- | --- | | | (B) Retail drug outlets | $460.00 | | | (C) Institutional drug outlets | $570.00 | | | (D) Manufacturing drug outlet | $570.00 | | | (E) Wholesale drug outlet | $570.00 | | | (F) Investigative and research projects | $345.00 | | | (G) Pharmacy technicians | $85.00 | | | (H) Outsourcing drug outlet | $570.00 | | | (I) Nuclear drug outlet | $570.00 | | | (J) Compounding drug outlet | $570.00 | | | (K) Home infusion drug outlet | $570.00 | | | (L) Third-party logistics | $570.00 | | | (M) Pharmacy interns | $55.00 | | | (N) Nonresident manufacturers | $570.00 | | | (O) Community-based long-term care pharmacy | $570.00 | | | (P) Institutional long-term care pharmacy | $570.00 |

| (3) Pharmacy reinspection | $100.00 | | --- | --- |

(Added 1981, No. 244 (Adj. Sess.), § 9; amended 1989, No. 250 (Adj. Sess.), § 53; 1991, No. 167 (Adj. Sess.), § 36; 1995, No. 47, § 24; 2003, No. 60, § 11; 2005, No. 27, § 51; 2007, No. 76, § 6; 2019, No. 70, § 18; 2023, No. 77, § 30, eff. June 20, 2023.)

Subchapter 4 Discipline

§§ 2051, 2052 Repealed

[Repealed]

2017, No. 144 (Adj. Sess.), § 20.

§ 2053 Unprofessional conduct; discipline

(a) It shall be unprofessional conduct for a licensee to:

(1) introduce or enforce policies and procedures related to the provision of pharmacy services in a manner that results in deviation from safe practice;

(2) unreasonably prevent or restrict a patient’s timely access to patient records or essential pharmacy services;

(3) fail to identify and resolve conditions that interfere with a pharmacist’s ability to practice with competency and safety or create an environment that jeopardizes patient care, including by failing to provide mandated rest periods; and

(4) repeatedly, habitually, or knowingly fail to provide resources appropriate for a pharmacist of reasonable diligence to safely complete professional duties and responsibilities, including:

(A) drug utilization review;

(B) immunization;

(D) verification of the accuracy of a prescription; and

(E) all other duties and responsibilities of a pharmacist under State and federal laws and regulations.

(b) Drug outlets under common ownership and control constitute a chain. Discipline against any one drug outlet in a chain may be imposed against all drug outlets in a chain, provided the State alleges in a specification of charges and the Board subsequently finds:

(1) unprofessional conduct has occurred at one or more drug outlets;

(2) the unprofessional conduct is attributable to pharmacy or pharmacy business-related policies, procedures, systems, or practices of the chain whether or not those practices manifested in unprofessional conduct at each individual location; and

(3) imposition of disciplinary sanctions or conditions against all drug outlets in the chain is appropriate to protect the public.

(Added 2021, No. 69, § 5.)

Subchapter 5 Drug Outlets

§ 2061 Registration and licensure

(a) All drug outlets shall biennially register with the Board of Pharmacy.

(b) Each drug outlet shall apply for a license in one or more of the following classifications:

(1) Retail.

(2) Institutional.

(3) Manufacturer.

(4) Wholesale distributor.

(5) Investigative and research projects.

(6) Compounding.

(7) Outsourcing.

(8) Home infusion.

(9) Nuclear.

(10) Third-party logistics provider.

(c) No individual who is employed by a corporation that is licensed under any classification listed in subsection (b) of this section need obtain a license under the provisions of this subchapter.

(d) The Board shall establish by rule under the powers granted to it under section 2032 of this title and 3 V.S.A. chapter 25, the criteria that each drug outlet that has employees or personnel engaged in the practice of pharmacy must meet to qualify for licensure in each classification designated in subsection (b) of this section. The Board may issue various types of licenses with varying restrictions to such outlets referred to in this subsection where the Board deems it necessary by reason of the type drug outlet requesting a license.

(e) Retail and institutional drug outlets shall be managed by licensed pharmacists who have held an unrestricted license in this or another state for at least one year. The Board may grant a pharmacy permission to appoint a licensed pharmacist to manage the pharmacy who has been licensed for less than a year, subject to rules adopted by the Board. A pharmacist who holds a restricted license may petition the Board for permission to be a pharmacist manager, which may be granted by the Board for good cause shown.

(f) Any nonpublic corporation owning a retail or institutional drug outlet, upon application, shall declare all owners of five percent or more of the stock of the corporation.

(g) Any nonpharmacist owner of a retail or institutional drug outlet may be denied the right to own another pharmacy for a period to be determined by the Board, if he or she is found to be in violation of any of the grounds listed under 3 V.S.A. § 129a.

(h) Each individual licensee and each business licensed under this chapter shall provide to the Office of Professional Regulation a working, readily accessible email address permitting communication with the Office.

(Added 1977, No. 266 (Adj. Sess.), § 1; amended 1981, No. 244 (Adj. Sess.), § 12; 1991, No. 240 (Adj. Sess.), § 3; 2005, No. 27, § 52; 2017, No. 48, § 13; 2017, No. 144 (Adj. Sess.), § 20; 2019, No. 30, § 14; 2019, No. 178 (Adj. Sess.), § 11, eff. Oct. 1, 2020; 2023, No. 77, § 13, eff. June 20, 2023.)

§ 2062 Application

(a) The Board shall specify by rule the procedures to be followed for licensure.

(b) Applications for licenses shall include the following information about the proposed drug outlet:

(1) ownership;

(2) location;

(3) identity of pharmacist licensed to practice in the State, who shall be the pharmacist in charge of the drug outlet, in a retail or institutional drug outlet and such further information as the Board may deem necessary.

(d) The Board shall specify by rule minimum standards for the professional responsibility in the conduct of any drug outlet that has employees or personnel engaged in the practice of pharmacy. The Board is specifically authorized to require that the portion of the facility to which such license applies be operated only under the direct supervision of no less than one pharmacist licensed to practice in this State and not otherwise, and to provide such other special requirements as deemed necessary.

(Added 1977, No. 266 (Adj. Sess.), § 1; amended 1981, No. 244 (Adj. Sess.), § 13.)

§ 2063 Notifications

(a) All licensed drug outlets shall report to the Board of Pharmacy within 48 hours the occurrence of any of the following changes:

(1) permanent closing;

(2) change of ownership, management, location, or pharmacist manager; or

(3) any and all other matters and occurrences as the Board may properly require by rule.

(b) Disasters, thefts, accidents, and emergencies that may affect the strength, purity, or labeling of drugs, medications, legend devices, or other materials used in the diagnosis or the treatment of injury, illness, and disease shall be immediately reported to the Board.

(Added 1977, No. 266 (Adj. Sess.), § 1; amended 1981, No. 244 (Adj. Sess.), § 14; 2009, No. 35, § 35; 2013, No. 27, § 25; 2019, No. 178 (Adj. Sess.), § 11, eff. Oct. 1, 2020.)

§ 2064 Violations and penalties

(a) A drug outlet designated in section 2061 of this subchapter shall not be operated until a license has been issued to that outlet by the Board.

(b) Unauthorized operation of a drug outlet may be penalized as provided in 3 V.S.A. § 127 and shall constitute unprofessional conduct by the licensees involved.

(Added 1977, No. 266 (Adj. Sess.), § 1; amended 1981, No. 244 (Adj. Sess.), § 15; 2017, No. 144 (Adj. Sess.), § 20.)

§ 2067 Wholesale distributors and manufacturers; licensure required

(a) A person who is not licensed under this subchapter shall not engage in wholesale distribution or manufacturing in this State.

(b) [Repealed.]

(c) The Board may require a separate license for each facility directly or indirectly owned or operated by the same business entity, or for a parent entity with divisions, subsidiaries, or affiliate companies when operations are conducted at more than one location and there exists joint ownership and control among all the entities.

(d) An agent or employee of any licensed wholesale distributor or manufacturer shall not be required to obtain a license under this subchapter and may lawfully possess pharmaceutical drugs when that agent or employee is acting in the usual course of business or employment.

(Added 1991, No. 240 (Adj. Sess.), § 2; amended 2013, No. 27, § 26; 2017, No. 144 (Adj. Sess.), § 20; 2019, No. 30, § 14.)

§ 2068 Requirements; applicants; licenses

An applicant shall satisfy the Board that it has, and licensees shall maintain, the following:

(1) Acceptable storage and handling conditions plus facilities standards.

(2) Minimum liability and other insurance as may be required under any applicable federal or State law.

(3) A security system that includes after hours, central alarm or comparable entry detection capability, restricted premises access, adequate outside perimeter lighting, comprehensive employment applicant screening, and safeguards against employee theft.

(4) An electronic, manual, or any other reasonable system of records, describing activities governed by this subchapter for the two-year period following disposition of each product, which shall be reasonably accessible, as defined by the Board by rule, during any inspection authorized by the Board.

(5) Officers, directors, managers, and other persons in charge of wholesale drug distribution, manufacture, storage, and handling, who shall at all times demonstrate and maintain their capability to conduct business according to sound financial practices as well as State and federal law.

(6) Complete, updated information about the applicant or licensee, which shall be provided to the Board. The information shall include all pertinent ownership and other key personnel and facilities information deemed necessary, by the Board, for enforcement of this subchapter. Any changes in such information shall be submitted at the time of license renewal or within 12 months from the date of such change, whichever occurs first.

(7) Written policies and procedures that assure reasonable wholesale distributor preparation for, protection against, and handling of any facility security or operation problems, including those caused by natural disaster or government emergency, inventory inaccuracies or product shipping and receiving, outdated product or other unauthorized product control, appropriate disposition of returned goods, and product recalls.

(8) Sufficient inspection procedures for all incoming and outgoing product shipments.

(9) Operations in compliance with all federal requirements.

(10)(A) Compliance with standards and procedures that the Board shall adopt by rule concerning provisions for initial and periodic on-site inspections, criminal and financial background checks, ongoing monitoring, reciprocity for out-of-state entities inspected by a third party organization recognized by the Board or inspected and licensed by a State licensing authority with legal standards for licensure that are comparable to the standards adopted by the Board pursuant to this subdivision (10), protection of proprietary information, and any other requirements consistent with the purposes of this subdivision (10).

(B) The Board rules may recognize third party accreditation in satisfaction of some or all of the requirements of this subdivision (10).

(Added 1991, No. 240 (Adj. Sess.), § 2; amended 2005, No. 139 (Adj. Sess.), § 4; 2019, No. 30, § 14.)

§ 2069 Denials based on public interest

The Board shall grant licensure to an applicant who satisfies the requirements of section 2061 of this title unless the Board determines that licensure would not be in the public interest. To determine whether licensure would not be in the public interest, the Board shall consider, at a minimum, the following factors:

(1) Any conviction of the applicant under any federal, state, or local laws relating to drug samples, wholesale or retail drug distribution, or distribution of controlled substances.

(2) Any felony convictions of the applicant under federal, state, or local laws.

(3) The applicant’s past experience in the manufacture or distribution of prescription drugs, including controlled substances.

(4) The furnishing by the applicant of false or fraudulent material in any application made in connection with drug manufacturing or distribution.

(5) Suspension or revocation by federal, state, or local government of any license currently or previously held by the applicant for the manufacture or distribution of any drug, including controlled substances.

(6) Compliance with licensing requirements under previously granted licenses, if any.

(7) Compliance with requirements to maintain or make available to the Board or to federal, state, or local law enforcement officials records required to be maintained or made available under this subchapter.

(8) Any other factors or qualifications the Board considers relevant to and consistent with the public health and safety.

(Added 1991, No. 240 (Adj. Sess.), § 2; 2009, No. 35, § 36.)

§ 2070 Repealed

[Repealed]

2013, No. 27, § 27.

§ 2071 Application of federal guidelines

(a) The requirements set forth in sections 2068 and 2069 of this chapter shall conform to wholesale distributor licensing guidelines formally adopted by the U.S. Food and Drug Administration (FDA).

(b) In case of conflict between any wholesale distributor licensing requirement imposed by the Board under this chapter and any FDA wholesale distributor licensing guideline, the latter shall control.

(Added 1991, No. 240 (Adj. Sess.), § 2; amended 2017, No. 144 (Adj. Sess.), § 20.)

§ 2072 Repealed

[Repealed]

2017, No. 144 (Adj. Sess.), § 20.

§ 2073 Rules

(a) The Board may adopt rules necessary to carry out the purposes of the provisions of this subchapter.

(b) All rules adopted under this subchapter shall conform to wholesale distributor licensing guidelines formally adopted by the FDA at 21 C.F.R. Part 205.

(Added 1991, No. 240 (Adj. Sess.), § 2; amended 2017, No. 144 (Adj. Sess.), § 20.)

§§ 2074, 2075 Repealed

[Repealed]

2017, No. 144 (Adj. Sess.), § 20.

§ 2076 Inspection powers; access to wholesale distributor and manufacturer records

(a) A person authorized by the Board may enter, during normal business hours, all open premises purporting or appearing to be used by a wholesale distributor or manufacturer for purposes of inspection.

(b)(1) Wholesale distributors and manufacturers may keep records regarding purchase and sales transactions at a central location apart from the principal office of the wholesale distributor or the location at which the drugs were stored and from which they were shipped, provided that such records shall be made available for inspection within two working days of a request by the Board.

(2) Records may be kept in any form permissible under federal law applicable to prescription drugs record keeping.

(c) If the Board determines it is necessary to inspect a certain premises under the same ownership more than once in any two-year period, the Board may charge a reinspection fee of not more than $500.00.

(Added 1991, No. 240 (Adj. Sess.), § 2; amended 2005, No. 27, § 53; 2017, No. 144 (Adj. Sess.), § 20; 2019, No. 30, § 14; 2019, No. 70, § 19.)

Subchapter 7 Emergency Contraception

§ 2077 Emergency contraception; vending machines

(a) A retail or institutional drug outlet licensed under this chapter or a postsecondary school, as defined in and subject to 16 V.S.A. § 176, may make over-the-counter emergency contraception and other nonprescription drugs or articles for the prevention of pregnancy or conception available through a vending machine or similar device.

(b) Notwithstanding any provision of subsection 2032(h) of this chapter to the contrary, the Board may adopt rules in accordance with 3 V.S.A. chapter 25 to regulate the location, operation, utilization, and oversight of the vending machines and similar devices described in subsection (a) of this section in a manner that balances consumer access with appropriate safeguards for theft prevention and safety.

(Added 2023, No. 15, § 11a, eff. May 10, 2023.)

§§ 2077-2079 Repealed

[Repealed]

2015, No. 38, § 24, eff. May 28, 2015.

Subchapter 8 Naloxone Hydrochloride

§ 2080 Naloxone hydrochloride; dispensing or furnishing

(a) The Board of Pharmacy shall adopt protocols for licensed pharmacists to dispense or otherwise furnish naloxone hydrochloride to patients who do not hold an individual prescription for naloxone hydrochloride. Such protocols shall be consistent with rules adopted by the Commissioner of Health.

(b) Notwithstanding any provision of law to the contrary, a licensed pharmacist may dispense naloxone hydrochloride to any person as long as the pharmacist complies with the protocols adopted pursuant to subsection (a) of this section.

(Added 2013, No. 195 (Adj. Sess.), § 15.)

Chapter 37 Physical Therapists

Subchapter 1 General Provisions

§§ 2071-2074 Repealed

[Repealed]

1981, No. 227 (Adj. Sess.), § 7(b).

Subchapter 2 State Board of Physical Therapy Registration

§§ 2111-2114 Repealed

[Repealed]

1981, No. 227 (Adj. Sess.), § 7(b).

Subchapter 3 Registration

§§ 2151-2159 Repealed

[Repealed]

1981, No. 227 (Adj. Sess.), § 7(b).

Chapter 38 Physical Therapists

Subchapter 1 General Provisions

§ 2081 Repealed

[Repealed]

1997, No. 40, § 27.

§ 2081a Definitions

As used in this chapter:

(1) [Repealed.]

(2) “Disciplinary action” or “disciplinary cases” includes any action taken by the administrative law officer appointed under 3 V.S.A. § 129(j) against a licensee or applicant premised upon a finding of wrongdoing or unprofessional conduct by the licensee or applicant. It includes all sanctions of any kind, including obtaining injunctions, suspending or revoking licenses, issuing conditions on practice, warnings, and other similar sanctions.

(3) “Distance consultation” means the rendering of professional or expert opinion or advice to a licensed physical therapist, including the review or transfer of patient records or related information by means of audio, video, or data communications.

(4) “Physical therapist” means a person who has met all the conditions of this chapter and is licensed for the practice of physical therapy in this State.

(5) “Physical therapist assistant” means a person who has met the conditions of this chapter and is licensed to perform selected physical therapy interventions and related tasks that have been assigned by the supervising physical therapist.

(6) “Physical therapy” means the care and services provided by or under the direction and supervision of a physical therapist who is licensed pursuant to this chapter.

(7) “Physical therapy aide” means a person, trained under the direction of a physical therapist, who performs designated and supervised routine physical therapy tasks.

(8) “Practice of physical therapy” means:

(A) examining, evaluating, and testing, in order to determine a plan of care inclusive of appropriate therapeutic interventions and expected outcome and effect of the interventions of individuals with:

(i) mechanical, physiological, and developmental impairments;

(ii) functional limitations in physical movement and mobility;

(iii) disabilities; and

(iv) other movement-related conditions;

(B) alleviating impairments and functional limitations in physical movement and mobility and disabilities by developing, implementing, and modifying treatment interventions; or

(C) reducing the risk of injury, impairment, functional limitation, and disability related to physical movement and mobility, including the promotion and maintenance of fitness, health, and wellness related to movement and function.

(Added 1997, No. 40, § 25; amended 2005, No. 27, § 54; 2007, No. 141 (Adj. Sess.), § 3, eff. July 1, 2009; 2007, No. 163 (Adj. Sess.), § 14.)

§ 2082 Prohibition; offenses

(a) No person shall:

(1) practice or attempt to practice physical therapy or hold himself or herself out as being able to do so in this State without first having obtained a license; or

(2) use in connection with the person’s name or business the words “physical therapy,” “physical therapist,” “physical therapist assistant,” “physiotherapy,” “physiotherapist,” the initials “PT,” “PTA,” “DPT,” or any letters, words, abbreviations, or insignia indicating or implying that the person is a physical therapist or physical therapist assistant unless the person is licensed in accordance with this chapter; or

(3) practice or attempt to practice physical therapy during license revocation or suspension.

(4) [Repealed.]

(b) A person violating any of the provisions of subsection (a) of this section shall be subject to the penalties provided in 3 V.S.A. § 127(c).

(c) A physical therapist shall use the letters “PT” in connection with the physical therapist’s name or place of business to denote licensure, and a physical therapist assistant shall use the letters “PTA.”

(Added 1981, No. 227 (Adj. Sess.), § 6; amended 2005, No. 27, § 55; 2005, No. 148 (Adj. Sess.), § 19; 2007, No. 163 (Adj. Sess.), § 15.)

§ 2083 Exemptions from licensure

The following persons shall be permitted to practice as a physical therapist or physical therapist assistant in this State without obtaining a license under this chapter upon the following conditions:

(1) students enrolled in accredited physical therapist or physical therapist assistant educational programs, while engaged in completing a clinical requirement for graduation, which must be performed under the supervision and direction of a licensed physical therapist;

(2) physical therapists licensed in other jurisdictions while enrolled in this State in postprofessional educational programs that include the evaluation and treatment of patients as part of their experience required for credit, as long as the student’s practice is limited to the scope of the educational program;

(3) physical therapists and physical therapist assistants employed in the U.S. Armed Services, U.S. Public Health Service, U.S. Department of Veterans Affairs, or by another federal agency;

(4) physical therapists or physical therapist assistants licensed or regulated in another jurisdiction of the United States or credentialed to practice physical therapy in another country if that person is teaching, demonstrating, or providing physical therapy in connection with teaching or participating in an educational seminar of no more than 60 days in a calendar year;

(5) a physical therapist who is licensed in another jurisdiction of the United States if that person is providing distance consultation to a physical therapist licensed pursuant to this chapter;

(6) a physical therapist or physical therapist assistant licensed in another jurisdiction of the United States or credentialed in another country, if that person by contract or employment is providing physical therapy to individuals affiliated with or employed by an athletic team, an athletic organization, or a performing arts company temporarily practicing, competing, or performing in the State for no more than 60 days in a calendar year.

(Added 1981, No. 227 (Adj. Sess.), § 6; amended 2005, No. 27, § 56; 2007, No. 163 (Adj. Sess.), § 16; 2019, No. 131 (Adj. Sess.), § 278.)

§ 2084 Construction

(Added 1981, No. 227 (Adj. Sess.), § 6.)

§ 2085 Repealed

[Repealed]

2007, No. 141 (Adj. Sess.), § 3(b).

§ 2086 Patient care management

(a) A physical therapist shall be professionally responsible and legally liable for all aspects of the physical therapy care of each of his or her patients. The Director of the Office of Professional Regulation shall identify by rule physical therapy services that only a physical therapist may perform. At a minimum, a physical therapist shall provide:

(1) the initial examination and documentation for each of his or her patients;

(2) periodic reexamination and documentation of each of his or her patients;

(3) the documented discharge of the patient, including the response to therapeutic intervention at the time of discharge.

(b) A physical therapist shall ensure the qualifications of all physical therapist assistants and physical therapy aides under his or her direction or supervision.

(c) For each of his or her patients on each date of treatment, a physical therapist shall provide all of the therapeutic intervention that requires the expertise of a physical therapist and shall determine the use of physical therapist assistants or physical therapy aides who provide for the delivery of care that is safe, effective, and efficient, provided the assigned acts, tasks, or procedures do not exceed the person’s education or training and provided:

(1) A physical therapist assistant shall work under a physical therapist’s supervision. A physical therapist assistant may document care pursuant to the existing treatment plan from the supervising physical therapist.

(2) A physical therapist may use physical therapy aides for designated routine tasks. A physical therapy aide shall work under the on-site supervision of a physical therapist who is continuously on site and present at the facility, who is immediately available to assist the person being supervised in the services being performed, and who maintains continued involvement in appropriate aspects of each treatment session in which a component of treatment is assigned. This supervision by the physical therapist may extend to off-site supervision of the aide only when the physical therapy aide is accompanying and working directly with a physical therapist assistant with a specific patient or when performing nonpatient-related tasks.

(d) A physical therapist’s responsibility for patient care management shall include accurate documentation of and billing for the services provided.

(e) A physical therapist shall be responsible for communicating the status of a patient’s progress and other relevant information to the patient’s referring health care professional unless the patient declines to authorize release of the patient’s physical therapy records.

(Added 2007, No. 141 (Adj. Sess.), § 2, eff. July 1, 2009.)

Subchapter 2 Administration

§ 2091 Director of the Office of Professional Regulation; duties

The Director of the Office of Professional Regulation, with the advice of the advisors appointed under this chapter, shall:

(1) provide general information to applicants for admission to licensure as physical therapists or physical therapist assistants;

(2) explain appeal procedures to licensees and applicants and complaint procedures to the public;

(3) explain sanctions, including license revocation and suspension, which may be imposed in disciplinary cases, the criteria by which sanctions are selected, and procedures for reinstatement where appropriate;

(4) administer fees as previously established by law;

(5) receive and evaluate applications for licensure, provide for examinations and set passing scores, provide licenses to applicants qualified under this chapter, renew, revoke, and reinstate licenses, or otherwise discipline licensees as ordered by an administrative law officer;

(6) issue to each person licensed a certificate of licensure that shall be prima facie evidence of the right of the person to whom it is issued to practice as a licensed physical therapist or to represent himself or herself as a licensed physical therapist assistant, subject to the conditions and limitations of this chapter; and

(7) adopt rules necessary to perform his or her duties under this chapter.

(Added 1981, No. 227 (Adj. Sess.), § 6; amended 1989, No. 250 (Adj. Sess.), § 4(d); 1997, No. 40, § 49(a); 2005, No. 27, § 57.)

§ 2092 Advisor appointees

(a) The Secretary of State shall appoint two physical therapists to serve as advisors in matters relating to physical therapy. They shall be appointed for staggered five-year terms and shall serve at the pleasure of the Secretary. One of the initial appointments may be for less than a full term. Appointees shall have not less than three years’ experience as a physical therapist immediately preceding appointment and shall be actively engaged in the practice of physical therapy in Vermont during incumbency.

(b) The Director shall refer complaints and disciplinary matters to an administrative law officer established under 3 V.S.A. § 129(j).

(c) The Director shall seek the advice of the physical therapists appointed under this section in carrying out the provisions of this chapter.

(Added 1981, No. 227 (Adj. Sess.), § 6; amended 1989, No. 250 (Adj. Sess.), § 54; 1997, No. 40, § 49(a); 2005, No. 27, § 58.)

Subchapter 3 Licensure

§ 2101 Eligibility

(a) An applicant for a license as a physical therapist shall:

(1) be a graduate of a professional physical therapy education program accredited by a national accreditation agency approved by the Director;

(2) pass an examination approved by the Director; and

(3) pass an approved English proficiency exam if the applicant’s native language is not English.

(b) An applicant for a license as a physical therapist who has been educated outside the United States and has graduated from a professional physical therapy education program not accredited by a national accreditation agency approved by the Director shall:

(1) provide satisfactory evidence that the applicant’s education is substantially equivalent to the requirements of physical therapists educated in an accredited education program as determined by the Director. For the purpose of this section, “substantially equivalent” means that an applicant for licensure educated outside the United States shall have:

(A) graduated from a physical therapist education program that prepares the applicant to engage in the practice of physical therapy without restriction;

(B) provided written proof that the applicant’s school of physical therapy education is recognized by its own ministry or department of education;

(C) undergone a credentials evaluation as directed by the Director that demonstrates that the candidate has met uniform criteria for educational requirements as adopted by rule; and

(D) completed any additional education as required by the Director;

(2) pass an approved English proficiency examination if the applicant’s native language is not English; and

(3) pass an examination approved by the Director.

(1) be a graduate of a physical therapist assistant education program accredited by a national accreditation agency approved by the Director;

(2) pass an approved English proficiency examination if the applicant’s native language is not English; and

(3) pass an examination approved by the Director.

(Added 1981, No. 227 (Adj. Sess.), § 6; amended 1989, No. 250 (Adj. Sess.), § 4(d); 2005, No. 27, § 59.)

§ 2102 Application

Unless entitled to licensure under section 2104 of this title, and according to the procedures outlined in the rules of the Director of the Office of Professional Regulation, a person who desires to be licensed as a physical therapist or physical therapist assistant shall apply to the Director in writing on a form furnished by the Director, accompanied by payment of the specified fee.

(Added 1981, No. 227 (Adj. Sess.), § 6; amended 1989, No. 250 (Adj. Sess.), § 4(d).)

§ 2103 Examination

(a) The Director of the Office of Professional Regulation shall provide for examinations for licensure as physical therapists or physical therapist assistants at such times and places as he or she may determine.

(b) Examinations administered and procedures followed by the Director shall be fair and reasonable and shall be designed and implemented to reasonably ensure that an applicant is at least minimally qualified to practice physical therapy. They shall not be designed or implemented for the purpose of limiting the number of licensees.

(c) An applicant for licensure as a physical therapist may take the examination after the application process has been completed and the application approved. The examination shall test entry-level competence related to physical therapy theory, examination, evaluation, diagnosis, prognosis, treatment intervention, prevention, and consultation.

(d) An applicant for licensure as a physical therapist assistant may take the examination after the application process has been completed and the application approved. The examination shall test for requisite knowledge and skills in the technical application of physical therapy services.

(e) An applicant for licensure who does not pass the examination on the first attempt may retake the examination one additional time without reapplication for licensure within six months of the first examination. Before the Director may approve an applicant for subsequent testing beyond two attempts, an applicant shall reapply for licensure and shall submit evidence satisfactory to the Director of having successfully completed additional clinical training or course work, or both, as determined by the Director.

(f) The Director may require an examination designed to test the knowledge of the applicant regarding Vermont laws relating to physical therapy practice.

(Added 1981, No. 227 (Adj. Sess.), § 6; amended 1989, No. 250 (Adj. Sess.), § 4(d); 2005, No. 27, § 60; 2019, No. 178 (Adj. Sess.), § 13, eff. Oct. 1, 2020.)

§ 2104 Licensure by endorsement

A person who is licensed under the laws of another jurisdiction and who desires licensure as a physical therapist or physical therapist assistant shall apply to the Director of the Office of Professional Regulation in writing on a form furnished by the Director, accompanied by the specified fee. The Director shall license those persons if he or she deems that they have met requirements in the other jurisdiction that are substantially equivalent to those of this State. In all other cases, the Director of the Office of Professional Regulation may make such regulations as are reasonable and necessary for the protection of the public to assure that the applicant under this section is professionally qualified.

(Added 1981, No. 227 (Adj. Sess.), § 6; amended 1989, No. 250 (Adj. Sess.), § 4(d); 2005, No. 27, § 61; 2007, No. 163 (Adj. Sess.), § 18.)

§ 2105 Temporary licensure pending endorsement

The Director may issue a temporary license to practice as a physical therapist for a period not to exceed 90 days to a physical therapist currently licensed in another jurisdiction who has applied for licensure by endorsement in accordance with the statutes and rules governing the profession.

(Added 1981, No. 227 (Adj. Sess.), § 6; amended 1989, No. 250 (Adj. Sess.), § 4; 2007, No. 163 (Adj. Sess.), § 19.)

§ 2106 Repealed

[Repealed]

1997, No. 59, § 65(1), eff. June 30, 1997.

§ 2106a Repealed

[Repealed]

2005, No. 27, § 117(1).

§ 2107 Renewals

(a) Licenses shall be renewed every two years upon payment of the required fee.

(b) Biennially, the Director shall forward a renewal form to each license holder. Upon receipt of the completed form and the renewal fee, the Director shall issue a new license.

(c) Any application for renewal of a license that has expired shall be accompanied by the renewal fee and late fee. A person shall not be required to pay renewal fees for years during which the license was lapsed.

(d) The Director shall establish continuing competence requirements by rule as a condition of licensure renewal.

(Added 1999, No. 52, § 13; amended 2005, No. 27, § 62.)

§ 2108 Reinstatement

If a physical therapist’s license has lapsed for more than five consecutive years, that person may have his or her license reinstated upon payment of all applicable renewal and reinstatement fees, and demonstration of competence to practice the profession by one or more of the following, as determined by the Director:

(1) practice for a specified time under a limited or supervised license;

(2) completion of a remedial course;

(3) completion of continuing competence requirements;

(4) passage of an examination approved by the Director; or

(5) practice with a license in good standing in another jurisdiction.

(Added 2005, No. 27, § 63; amended 2007, No. 163 (Adj. Sess.), § 20.)

Subchapter 4 Discipline

§ 2121 Unprofessional conduct

(a) Unprofessional conduct is the conduct prohibited by this section and by 3 V.S.A. § 129a, whether or not taken by a license holder.

(b) Unprofessional conduct shall include:

(1) sexual harassment of a patient;

(2) engaging in a sexual act as defined in 13 V.S.A. § 3251 with a patient;

(3) any of the following except when reasonably undertaken in an emergency situation in order to protect life, health, or property:

(A) practicing or offering to practice beyond the scope permitted by law;

(B) accepting and performing physical therapy responsibilities that the licensee knows or has reason to know that he or she is not competent to perform; or

(C) performing physical therapy services that have not been authorized by the consumer or the consumer’s legal representative.

(c) After hearing, an administrative law officer may take disciplinary action against a licensee or applicant found guilty of unprofessional conduct. A finding of unprofessional conduct shall be grounds for:

(1) denying an application for licensure;

(2) revoking, suspending, or conditioning a license; or

(3) otherwise disciplining a licensee.

(Added 1981, No. 227 (Adj. Sess.), § 6; amended 1989, No. 250 (Adj. Sess.), § 4; 1997, No. 40, § 49; 1997, No. 145 (Adj. Sess.), § 44; 1999, No. 52, § 14; 2005, No. 27, § 64; 2007, No. 163 (Adj. Sess.), § 21.)

Subchapter 5 Physical Therapy Licensure Compact

§ 2131 Physical Therapy Licensure Compact; adoption

This subchapter is the Vermont adoption of the Physical Therapy Licensure Compact. The form, format, and text of the Compact have been conformed to the conventions of the Vermont Statutes Annotated. It is the intent of the General Assembly that this subchapter be interpreted as substantively the same as the Physical Therapy Licensure Compact that is enacted by other Compact party states.

(Added 2023, No. 35, § 1, eff. July 1, 2024.)

§ 2132 Purpose

(a) The purpose of this Compact is to facilitate interstate practice of physical therapy with the goal of improving public access to physical therapy services. The practice of physical therapy occurs in the state where the patient/client is located at the time of the patient/client encounter. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.

(b) This Compact is designed to achieve the following objectives:

(1) Increase public access to physical therapy services by providing for the mutual recognition of other member state licenses;

(2) Enhance the states’ ability to protect the public’s health and safety;

(3) Encourage the cooperation of member states in regulating multi-state physical therapy practice;

(4) Support spouses of relocating military members;

(5) Enhance the exchange of licensure, investigative, and disciplinary information between member states; and

(6) Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state’s practice standards.

(Added 2023, No. 35, § 1, eff. July 1, 2024.)

§ 2133 Definitions

As used in this Compact, and except as otherwise provided, the following definitions shall apply:

(1) “Active Duty Military” means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. chapters 1209 and 1211.

(2) “Adverse Action” means disciplinary action taken by a physical therapy licensing board based upon misconduct or unacceptable performance, or a combination of both.

(3) “Alternative Program” means a nondisciplinary monitoring or practice remediation process approved by a physical therapy licensing board. This includes, but is not limited to, substance abuse issues.

(4) “Compact privilege” means the authorization granted by a remote state to allow a licensee from another member state to practice as a physical therapist or work as a physical therapist assistant in the remote state under its laws and rules. The practice of physical therapy occurs in the member state where the patient/client is located at the time of the patient/client encounter.

(5) “Continuing competence” means a requirement, as a condition of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work.

(6) “Data system” means a repository of information about licensees, including examination, licensure, investigative, compact privilege, and adverse action.

(7) “Encumbered license” means a license that a physical therapy licensing board has limited in any way.

(8) “Executive Board” means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission.

(9) “Home state” means the member state that is the licensee’s primary state of residence.

(10) “Investigative information” means information, records, and documents received or generated by a physical therapy licensing board pursuant to an investigation.

(11) “Jurisprudence Requirement” means the assessment of an individual’s knowledge of the laws and rules governing the practice of physical therapy in a state.

(12) “Licensee” means an individual who currently holds an authorization from the state to practice as a physical therapist or to work as a physical therapist assistant.

(13) “Member state” means a state that has enacted the Compact.

(14) “Party state” means any member state in which a licensee holds a current license or compact privilege or is applying for a license or compact privilege.

(15) “Physical therapist” means an individual who is licensed by a state to practice physical therapy.

(16) “Physical therapist assistant” means an individual who is licensed/certified by a state and who assists the physical therapist in selected components of physical therapy.

(17) “Physical therapy,” “physical therapy practice,” and “the practice of physical therapy” mean the care and services provided by or under the direction and supervision of a licensed physical therapist.

(18) “Physical Therapy Compact Commission” or “Commission” means the national administrative body whose membership consists of all states that have enacted the Compact.

(19) “Physical therapy licensing board” or “licensing board” means the agency of a state that is responsible for the licensing and regulation of physical therapists and physical therapist assistants.

(20) “Remote State” means a member state other than the home state, where a licensee is exercising or seeking to exercise the compact privilege.

(21) “Rule” means a regulation, principle, or directive promulgated by the Commission that has the force of law.

(22) “State” means any state, commonwealth, district, or territory of the United States of America that regulates the practice of physical therapy.

(Added 2023, No. 35, § 1, eff. July 1, 2024.)

§ 2134 State participation in the Compact

(a) To participate in the Compact, a state must:

(1) participate fully in the Commission’s data system, including using the Commission’s unique identifier as defined in rules;

(2) have a mechanism in place for receiving and investigating complaints about licensees;

(3) notify the Commission, in compliance with the terms of the Compact and rules, of any adverse action or the availability of investigative information regarding a licensee;

(4) fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions in accordance with subsection (b) of this section;

(5) comply with the rules of the Commission;

(6) utilize a recognized national examination as a requirement for licensure pursuant to the rules of the Commission; and

(7) have continuing competence requirements as a condition for license renewal.

(b) Upon adoption of this statute, the member state shall have the authority to obtain biometric-based information from each physical therapy licensure applicant and submit this information to the Federal Bureau of Investigation for a criminal background check in accordance with 28 U.S.C. § 534 and 42 U.S.C. § 14616.

(c) A member state shall grant the compact privilege to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the Compact and rules.

(d) Member states may charge a fee for granting a compact privilege.

(Added 2023, No. 35, § 1, eff. July 1, 2024.)

§ 2135 Compact privilege

(a) To exercise the compact privilege under the terms and provisions of the Compact, the licensee shall:

(1) hold a license in the home state;

(2) have no encumbrance on any state license;

(3) be eligible for a compact privilege in any member state in accordance with subsections (d), (g), and (h) of this section;

(4) have not had any adverse action against any license or compact privilege within the previous two years;

(5) notify the Commission that the licensee is seeking the compact privilege within a remote state(s);

(6) pay any applicable fees, including any state fee, for the compact privilege;

(7) meet any jurisprudence requirements established by the remote state(s) in which the licensee is seeking a compact privilege; and

(8) report to the Commission adverse action taken by any nonmember state within 30 days from the date the adverse action is taken.

(b) The compact privilege is valid until the expiration date of the home license. The licensee must comply with the requirements of subsection (a) of this section to maintain the compact privilege in the remote state.

(c) A licensee providing physical therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state.

(d) A licensee providing physical therapy in a remote state is subject to that state’s regulatory authority. A remote state may, in accordance with due process and that state’s laws, remove a licensee’s compact privilege in the remote state for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its citizens. The licensee is not eligible for a compact privilege in any state until the specific time for removal has passed and all fines are paid.

(e) If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until the following occur:

(1) the home state license is no longer encumbered; and

(2) two years have elapsed from the date of the adverse action.

(f) Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of subsection (a) of this section to obtain a compact privilege in any remote state.

(g) If a licensee’s compact privilege in any remote state is removed, the individual shall lose the compact privilege in any remote state until the following occur:

(1) the specific period of time for which the compact privilege was removed has ended;

(2) all fines have been paid; and

(3) two years have elapsed from the date of the adverse action.

(h) Once the requirements of subsection (g) of this section have been met, the license must meet the requirements in subsection (a) of this section to obtain a compact privilege in a remote state.

(Added 2023, No. 35, § 1, eff. July 1, 2024.)

§ 2136 Active duty military personnel or their spouses

A licensee who is active duty military or is the spouse of an individual who is active duty military may designate one of the following as the home state:

(1) home of record;

(2) permanent Change of Station (PCS); or

(3) state of current residence if it is different than the PCS state or home of record.

(Added 2023, No. 35, § 1, eff. July 1, 2024.)

§ 2137 Adverse actions

(a) A home state shall have exclusive power to impose adverse action against a license issued by the home state.

(b) A home state may take adverse action based on the investigative information of a remote state, provided the home state follows its own procedures for imposing adverse action.

(c) Nothing in this Compact shall override a member state’s decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain nonpublic if required by the member state’s laws. Member states must require licensees who enter any alternative programs in lieu of discipline to agree not to practice in any other member state during the term of the alternative program without prior authorization from such other member state.

(d) Any member state may investigate actual or alleged violations of the statutes and rules authorizing the practice of physical therapy in any other member state in which a physical therapist or physical therapist assistant holds a license or compact privilege.

(e) A remote state shall have the authority to:

(1) Take adverse actions as set forth in subsection 2134(d) of this title against a licensee’s compact privilege in the state.

(2) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, and the production of evidence. Subpoenas issued by a physical therapy licensing board in a party state for the attendance and testimony of witnesses, and/or the production of evidence from another party state, shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses and/or evidence are located.

(3) If otherwise permitted by state law, recover from the licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee.

(f) Joint Investigations.

(1) In addition to the authority granted to a member state by its respective physical therapy practice act or other applicable state law, a member state may participate with other member states in joint investigations of licensees.

(2) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.

(Added 2023, No. 35, § 1, eff. July 1, 2024.)

§ 2138 Establishment of the Physical Therapy Compact Commission

(a) The Compact member states hereby create and establish a joint public agency known as the Physical Therapy Compact Commission.

(1) The Commission is an instrumentality of the Compact states.

(2) Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.

(3) Nothing in this Compact shall be construed to be a waiver of sovereign immunity.

(b) Membership, voting, and meetings.

(1) Each member state shall have and be limited to one delegate selected by that member state’s licensing board.

(2) The delegate shall be a current member of the licensing board, who is a physical therapist, physical therapist assistant, public member, or the board administrator.

(3) Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.

(4) The member state board shall fill any vacancy occurring in the Commission.

(6) A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates’ participation in meetings by telephone or other means of communication.

(7) The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.

(1) Establish the fiscal year of the Commission.

(2) Establish bylaws.

(3) Maintain its financial records in accordance with the bylaws.

(4) Meet and take such actions as are consistent with the provisions of this Compact and the bylaws.

(5) Promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact. The rules shall have the force and effect of law and shall be binding in all member states.

(6) Bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any state physical therapy licensing board to sue or be sued under applicable law shall not be affected.

(7) Purchase and maintain insurance and bonds.

(8) Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state.

(9) Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and to establish the Commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters.

(10) Accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same, provided that at all times the Commission shall avoid any appearance of impropriety and/or conflict of interest.

(11) Lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed, provided that at all times the Commission shall avoid any appearance of impropriety.

(12) Sell convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed.

(13) Establish a budget and make expenditures.

(14) Borrow money.

(15) Appoint committees, including standing committees composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws.

(16) Provide and receive information from, and cooperate with, law enforcement agencies.

(17) Establish and elect an Executive Board.

(18) Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of physical therapy licensure and practice.

(d) The Executive Board. The Executive Board shall have the power to act on behalf of the Commission according to the terms of this Compact.

(1) The Executive Board shall be composed of nine members:

(A) seven voting members who are elected by the Commission from the current membership of the Commission;

(B) one ex-officio, nonvoting member from the recognized national physical therapy professional association; and

(C) one ex-officio, nonvoting member from the recognized membership organization of the physical therapy licensing boards.

(2) The ex-officio members will be selected by their respective organizations.

(3) The Commission may remove any member of the Executive Board as provided in bylaws.

(4) The Executive Board shall meet at least annually.

(5) The Executive Board shall have the following Duties and responsibilities:

(A) recommend to the entire Commission changes to the rules or bylaws, changes to this Compact legislation, fees paid by Compact member states such as annual dues, and any commission Compact fee charged to licensees for the compact privilege;

(B) ensure Compact administration services are appropriately provided, contractual or otherwise;

(D) maintain financial records on behalf of the Commission;

(E) monitor Compact compliance of member states and provide compliance reports to the Commission;

(F) establish additional committees as necessary; and

(G) other duties as provided in rules or bylaws.

(e) Meetings of the Commission.

(1) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in section 2139 of this title.

(2) The Commission or the Executive Board or other committees of the Commission may convene in a closed, nonpublic meeting if the Commission or Executive Board or other committees of the Commission must discuss:

(A) noncompliance of a member state with its obligations under the Compact;

(B) the employment, compensation, discipline or other matters, practices or procedures related to specific employees, or other matters related to the Commission’s internal personnel practices and procedures;

(D) negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;

(E) accusing any person of a crime or formally censuring any person;

(F) disclosure of trade secrets or commercial or financial information that is privileged or confidential;

(G) disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

(H) disclosure of investigative records compiled for law enforcement purposes;

(I) disclosure of information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact; or

(J) matters specifically exempted from disclosure by federal or member state statute.

(3) If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.

(4) The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.

(f) Financing of the Commission.

(1) The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.

(2) The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.

(3) The Commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a rule binding upon all member states.

(4) The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same, nor shall the Commission pledge the credit of any of the member states, except by and with the authority of the member state.

(5) The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission.

(g) Qualified immunity, defense, and indemnification.

(1) The members, officers, executive director, employees, and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that nothing in this subdivision shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.

(2) The Commission shall defend any member, officer, executive director, employee, or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that nothing herein shall be construed to prohibit that person from retaining the person’s own counsel, and provided further, that the actual or alleged act, error, or omission did not result from that person’s intentional or willful or wanton misconduct.

(3) The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.

(Added 2023, No. 35, § 1, eff. July 1, 2024.)

§ 2139 Data system

(a) The Commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.

(b) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this Compact is applicable as required by the rules of the Commission, including:

(1) identifying information;

(2) licensure data;

(3) adverse actions against a license or compact privilege;

(4) nonconfidential information related to alternative program participation;

(5) any denial of application for licensure, and the reason(s) for such denial; and

(6) Other information that may facilitate the administration of this Compact, as determined by the rules of the Commission.

(d) The Commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state will be available to any other member state.

(e) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.

(f) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.

(Added 2023, No. 35, § 1, eff. July 1, 2024.)

§ 2140 Rulemaking

(b) If a majority of the legislatures of the member states reject a rule by enactment of a statute or resolution in the same manner used to adopt the Compact within four years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state.

(d) Prior to promulgation and adoption of a final rule or rules by the Commission, and at least 30 days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking:

(1) on the website of the Commission or other publicly accessible platform; and

(2) on the website of each member state physical therapy licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.

(e) The Notice of Proposed Rulemaking shall include:

(1) the proposed time, date, and location of the meeting in which the rule will be considered and voted upon;

(2) the text of the proposed rule or amendment and the reason for the proposed rule;

(3) a request for comments on the proposed rule from any interested person; and

(4) the manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.

(f) Prior to adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.

(g) The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:

(1) at least 25 persons;

(2) a state or federal governmental subdivision or agency; or

(3) an association having at least 25 members.

(h) If a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the Commission shall publish the mechanism for access to the electronic hearing.

(1) All persons wishing to be heard at the hearing shall notify the executive director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five business days before the scheduled date of the hearing.

(2) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.

(3) All hearings will be recorded. A copy of the recording will be made available on request.

(4) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.

(i) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.

(j) If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing.

(k) The Commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.

(l) Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:

(1) meet an imminent threat to public health, safety, or welfare;

(2) prevent a loss of Commission or member state funds;

(3) meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or

(4) protect public health and safety.

(m) The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.

(Added 2023, No. 35, § 1, eff. July 1, 2024.)

§ 2141 Oversight, dispute resolution, and enforcement

(a) Oversight.

(1) The executive, legislative, and judicial branches of state government in each member state shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact’s purposes and intent. The provisions of this Compact and the rules promulgated hereunder shall have standing as statutory law.

(2) 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 this Compact which may affect the powers, responsibilities or actions of the Commission.

(3) The Commission shall be entitled to receive service of process in any such proceeding, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the Commission shall render a judgment or order void as to the Commission, this Compact, or promulgated rules.

(b) Default, technical assistance, and termination.

(1) If the Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall:

(A) provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default and/or any other action to be taken by the Commission; and

(B) provide remedial training and specific technical assistance regarding the default.

(2) If a state in default fails to cure the default, the defaulting state may be terminated from the Compact upon an affirmative vote of a majority of the member states, and all rights, privileges, and benefits conferred by this Compact may be terminated 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 default.

(3) Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting state’s legislature, and each of the member states.

(4) A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.

(5) The Commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting state.

(6) The defaulting state may appeal the action of the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees.

(1) Upon request by a member state, the Commission shall attempt to resolve disputes related to the Compact that arise among member states and between member and non-member states.

(2) The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

(d) Enforcement.

(1) The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact.

(2) By majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a member state in default to enforce compliance with the provisions of the Compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees.

(3) The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.

(Added 2023, No. 35, § 1, eff. July 1, 2024.)

§ 2142 Date of implementation of the Interstate Commission for physical therapy practice and associated rules, withdrawal, and amendment

(a) The Compact shall come into effect on the date on which the Compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the Compact.

(b) Any state that joins the Compact subsequent to the Commission’s initial adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state.

(1) A member state’s withdrawal shall not take effect until six months after enactment of the repealing statute.

(2) Withdrawal shall not affect the continuing requirement of the withdrawing state’s physical therapy licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.

(d) Nothing contained in this Compact shall be construed to invalidate or prevent any physical therapy licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this Compact.

(e) This Compact may be amended by the member states. No amendment to this Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.

(Added 2023, No. 35, § 1, eff. July 1, 2024.)

§ 2143 Construction and severability

This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any party state, the Compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.

(Added 2023, No. 35, § 1, eff. July 1, 2024.)

§ 2144 State administration of the Compact

(a) The Office of Professional Regulation shall have the power to oversee the administration and enforcement of the Compact within the State of Vermont subject to the provisions and rules of the Compact.

(b) The Director of the Office of Professional Regulation shall designate the one delegate of the Compact for the State of Vermont pursuant to subsection 2138(b) of this subchapter.

(Added 2023, No. 35, § 1, eff. July 1, 2024.)

Chapter 39 Plumbers and Plumbing

Subchapter 1 General Provisions

§ 2171 Purpose

The purpose of this chapter is to protect and improve the general health and welfare of the people of the State of Vermont in the fields of environmental sanitation, water treatment, domestic supply, and hydronically related hot water heating, by authorizing and enforcing rules and regulations for properly designed, acceptably installed, and adequately maintained plumbing, water treatment, and hydronically related water heating systems and by licensing qualified plumbers and qualified heating and water treatment specialists.

(1959, No. 215, § 1, eff. June 2, 1959; amended 1993, No. 176 (Adj. Sess.), § 1.)

§ 2172 Definitions

The following words and phrases when used in this chapter shall be construed as follows:

(1) “Public water system” or “public sewerage disposal system” means any system supplying or serving 15 or more customers, each family, tenement, store, or other establishment being considered a single customer.

(2) “Master plumber” means any person, licensed under this chapter, that, as a business, installs plumbing systems, hires or employs a person or persons to do plumbing work, or supervises journey plumbers or apprentice plumbers in completion of their work.

(3) “Journeyman plumber” means any person licensed under this chapter who installs plumbing and water treatment or heating specialties under the direction of a master plumber. A journeyman plumber may supervise an apprentice employed by a master plumber and under the master plumber’s direction. A journeyman plumber shall not act as a master plumber.

(4) “Apprentice plumber” means any person, employed by a master plumber or under the direction of a master plumber or a journeyman plumber, who is engaged in learning and assisting in the installation of plumbing and water treatment or heating specialties under an apprenticeship program properly registered with the Vermont Apprenticeship Council. An apprentice plumber shall be supervised on the job by either a master or a journeyman plumber.

(5) “Plumbing” is the art of installing pipes, fixtures, and other apparatus for bringing in the water supply and removing liquid and water carried wastes and drainage venting systems within or on any building or structure.

(6) “Board” means the Plumber’s Examining Board created under this chapter.

(7) “State plumbing inspector” means a master plumber or duly qualified employee of the Department designated to enforce the rules and regulations pursuant to this chapter.

(8) “Municipal inspector” means a plumbing inspector authorized to conduct municipal inspections pursuant to this chapter.

(9) “Specialist” means any person licensed under this chapter who performs work in connection with water treatment and heating, or both, or performs that work as a principal business or an auxiliary to a principal business for the person’s own account as designated on the person’s license.

(10) “Commissioner” means the Commissioner of Public Safety.

(11) “Legislative body” means the selectboard, the alderboard, city council, or board of trustees of a municipality or an incorporated village.

(12) “Work notice” means the notice required to be filed under this chapter by a licensee prior to commencement of work.

(1959, No. 215, § 2, eff. June 2, 1959; amended 1993, No. 176 (Adj. Sess.), § 2; 2005, No. 8, § 10, eff. April 25, 2005.)

§ 2173 Rules adopted by the Board

(a) The Plumber’s Examining Board may, pursuant to the Administrative Procedure Act, make and revise such plumbing rules as necessary for protection of the public health, except that no rule of the Board may require the installation or maintenance of a water heater at a minimum temperature. To the extent that a rule of the Board conflicts with this subsection or with 18 V.S.A. chapter 40, that rule shall be invalid and unenforceable. The rules shall be in effect in every city, village, and town having a public water system or public sewerage system and apply to all premises connected to the systems and all public buildings containing plumbing or water treatment and heating specialties whether they are connected to a public water or sewerage system. The local board of health and the Commissioner of Public Safety shall each have authority to enforce these rules. The rules shall be limited to minimum performance standards reasonably necessary for the protection of the public against accepted health hazards and shall be consistent with any minimum efficiency standards for plumbing fixtures adopted under 9 V.S.A. chapter 74. The Board may, if it finds it practicable to do so, adopt the provisions of a nationally recognized plumbing code and as needed shall adopt a Vermont-specific amendment to the adopted code to ensure that it is consistent with any minimum efficiency standards for plumbing fixtures adopted under 9 V.S.A. chapter 74.

(b) The Commissioner shall make rules and adopt procedures and priorities for inspections and enforcement. Installations regulated by the Board shall be inspected by a State plumbing inspector. The Commissioner may set priorities based on consideration of health risks to persons and property, type and size of the building, and the complexity and size of the installation or job.

(c) The Commissioner or any State plumbing inspector designated by the Commissioner shall have the authority to enter any premises in which an installation subject to the rules of the Board is being or has been installed, replaced, or repaired for the purpose of performing inspections necessary to carry out inspection responsibilities under this subchapter. If the owner or occupant of the premises refuses entry, the Commissioner may apply to any Superior Court to issue an order enforcing the right of entry.

(Added 1959, No. 215, § 3, eff. June 2, 1959; amended 1979, No. 122 (Adj. Sess.), § 1; 1987, No. 268 (Adj. Sess.), § 6, eff. June 21, 1988; 1993, No. 176 (Adj. Sess.), § 3; 2005, No. 8, § 11, eff. April 25, 2005; 2007, No. 92 (Adj. Sess.), § 10a; 2017, No. 127 (Adj. Sess.), § 2; 2017, No. 139 (Adj. Sess.), § 7.)

§ 2174 Municipal rules and regulations; municipal inspections

(a) The legislative body may establish inspection procedures and appoint trained, qualified master plumbers to conduct municipal inspections. If the Board determines that the inspection procedures, training, and qualifications of the municipal plumbing inspectors are sufficient, the Commissioner may assign the responsibility to inspect plumbing installations within the municipality to the municipality. Municipal inspection standards shall be, at a minimum, equal to State standards. Municipal standards may exceed State standards with approval of the Board. Municipal standards shall not prohibit implementation of 18 V.S.A. chapter 40. An assignment of responsibility under this subsection shall not affect the authority of the Board or the Commissioner under this subchapter.

(b) Inspection procedures, including the issuance of work notices, shall be the same as for State plumbing inspections. A municipal inspector shall have the authority to enter a premises to carry out inspection responsibilities in accordance with the rules and procedures established by the Board. The legislative body may also establish reasonable fees for inspections, which shall be in lieu of fees charged by the State.

(c) If, after inspection of the plumbing installation, a violation of the rules of the Board or the inspection procedures of the municipality is found, a municipal inspector may:

(1) Issue an order directing the plumber of record or the owner of the premises in which the violation is found to correct or remove the violation.

(2) Invalidate the work permit.

(3) Pursue disciplinary procedures under section 2178 of this chapter.

(d) A person aggrieved by an action of a municipal inspector or municipality under subsection (c) of this section may appeal to the Commissioner by filing a written application for a hearing with the Commissioner within 15 days after receiving written notice of the action. A person filing an application under this subsection shall be entitled to notice and an opportunity for a hearing before the Commissioner within 45 days. Within 30 days after the hearing, the Commissioner shall issue an order amending, modifying, or affirming the action by the municipal inspector or municipality.

(e) Municipal inspectors shall participate in training provided by the Department of Public Safety. The Department of Public Safety shall also provide continuing consultation, review, and assistance to municipal inspectors.

(f) The Commissioner or the Board may revoke an assignment of responsibility to a municipality granted under this section if the Commissioner or the Board determines that the training or qualifications of the municipal inspectors or the inspection procedure adopted by the legislative body is insufficient.

(Added 1959, No. 215, § 4, eff. June 2, 1959; amended 1967, No. 295 (Adj. Sess.), § 7, eff. March 20, 1968; 1979, No. 122 (Adj. Sess.), § 2; 1987, No. 268 (Adj. Sess.), § 7, eff. June 21, 1988; 1993, No. 176 (Adj. Sess.), § 4; 2005, No. 8, § 12, eff. April 25, 2005; 2017, No. 127 (Adj. Sess.), § 3.)

§ 2175 Work notice; fees; enforcement; appeals; penalties

(a) Work in installations subject to the rules of the Board shall not commence until a work notice has been received and validated by the Department of Public Safety. The following schedule of work notice fees shall be paid to the Commissioner or a designated representative prior to the validation of a work notice.

(1) For all plumbing work, identified as a priority for inspection and review under subsection 2173(b) of this title, the fee shall be:

(A) $10.00 for each plumbing fixture described as a washing machine, dishwasher, grease trap, oil interceptor, sand interceptor, sewage ejector pump, water closet, urinal, bidet, disposal, drinking fountain, water cooler, lavatory, bathtub, shower, sink, hose bib, floor drain, or similar device. The total shall not be less than $50.00.

(B) $15.00 for each plumbing fixture described as a water heater, hydronic heating unit, domestic hot water coil, or water treatment device.

(2) For all plumbing work, not identified as a priority for inspection and review under subsection 2173(b) of this title, the fee shall be $50.00.

(3) At the discretion of the Commissioner, whenever an owner or licensed plumber requests for the owner’s or licensed plumber’s benefit that an inspection be made outside the normal working hours, all fees payable by the owner under this section shall be paid in an amount twice that indicated under this section.

(b) If the Commissioner or designee finds a violation of the rules adopted under this chapter, the Commissioner or designee may:

(1) Order the owner of the premises in which the violation is found or the owner’s agent or the person performing the work to correct or remove the violation.

(2) Invalidate a work notice or issue a cease and desist order, or both.

(3) Order any public water and sewerage company or to any private party furnishing water to such installation not to connect or to disconnect water service or sewer service, or both, from all or a portion of the premises until the violation is removed or corrected.

(4) Order any company supplying fuel service to the premises to disconnect the fuel supply until the cited violation has been removed or corrected.

(5) Issue an administrative citation.

(6) Pursue any combination of options under this subsection.

(c) Any person aggrieved under this chapter may request the Commissioner to reconsider the refusal or order. A request for reconsideration shall be made in writing and filed with the Commissioner within 15 days after receipt of the written order or notice of refusal. Within 30 days of receipt of the request for reconsideration, the Commissioner shall review the refusal or order and shall issue an order amending, modifying, or affirming the original refusal or order. A person aggrieved by the Commissioner’s decision under this section may appeal to the Superior Court in the district in which the violation occurred. The court shall hear the matter de novo.

(d) The Commissioner may after notice and an opportunity for hearing, assess an administrative penalty of not more than $1,000.00 per violation against a person, licensed or unlicensed, who violates this chapter, or any order lawfully issued under this chapter. Penalties assessed shall be related to the severity of the violation.

(e) On application by the Commissioner, the Superior Court in the county in which a violation occurs may issue an order enjoining or restraining the violation. An election by the Commissioner to proceed under this subsection shall not limit or restrict the Commissioner’s authority to assess an administrative penalty under subsection (d) of this section.

(f) Violation of any rule adopted under this subchapter shall be prima facie evidence of negligence in any civil action for damages that results from the violation.

(1959, No. 215, § 5, eff. June 2, 1959; amended 1969, No. 84, § 1, eff. April 18, 1969; 1979, No. 122 (Adj. Sess.), § 3; 1993, No. 176 (Adj. Sess.), § 5; 1999, No. 49, § 146; 2005, No. 8, § 13, eff. April 25, 2005; 2009, No. 134 (Adj. Sess.), § 7, eff. May 29, 2010.)

§ 2176 Existing buildings

The rules adopted under sections 2173, 2174, and 2175 of this title shall not apply to existing private dwellings and public buildings except as the plumbing systems in them may be altered in the future.

(1959, No. 215, § 6, eff. June 2, 1959; amended 1987, No. 268 (Adj. Sess.), § 8, eff. June 21, 1988; 1993, No. 176 (Adj. Sess.), § 6.)

Subchapter 2 Plumber's Examining Board

§ 2181 Plumber’s Examining Board; membership; powers

(a) Creation. The Plumber’s Examining Board, within the Department of Public Safety, shall consist of five members, one of whom shall be the Commissioner of Public Safety or designee and one of whom shall represent the Commissioner of Health or designee. The remaining three members shall be appointed by the Governor with the advice and consent of the Senate. One of the appointive members shall be a master plumber, one shall be a journey plumber, and one shall be a public member not associated with the plumbing or heating trades.

(b) General authority. The Board shall have authority to examine and license master plumbers and journeyman plumbers and specialists and shall have the right to make reasonable rules.

(c) Disciplinary actions. Upon notice to the affected person and after a hearing, the Board may refuse to issue a license or may suspend or revoke a license or may take other disciplinary action against a licensee for any of the following reasons:

(1) fraud or deceit in obtaining a license;

(2) gross negligence, incompetency, misrepresentation, or misconduct by a licensee;

(3) violation by a licensee of the rules of the Department of Health, the Department of Public Safety, or the Board;

(4) failure to comply with a written notice issued under section 2173, 2174, or 2175 of this title.

(d) Military credentials. The Board may evaluate specific military credentials to determine equivalency to credentials within its jurisdiction. The determinations shall be adopted through written policy that shall be posted on the Board’s website.

(e) Foreign credential verification.

(1) The Commissioner shall adopt rules in consultation with the Board that prescribe a process for the Commissioner to assess the equivalence of an applicant’s professional credentials earned outside the United States as compared to State licensing requirements for plumbers.

(2) Any determination of equivalence by the Commissioner under this subsection shall be in consultation with the Board, recorded in the applicant’s licensing file, and binding upon the Board.

(3) In administering this subsection, the Board may rely upon third-party credential verification services. The cost of such services shall be paid by the applicant.

(f) Continuing education; sunset review.

(1) Not less than once every five years, the Board shall review plumbers’ continuing education or other continuing competency requirements. The review results shall be in writing and address the following:

(A) the renewal requirements of the profession;

(B) the renewal requirements in other jurisdictions, particularly in the Northeast region;

(D) an analysis of the utility and effectiveness of the renewal requirements with respect to public protection; and

(E) recommendations to the Commissioner on whether the continuing education or other continuing competency requirements should be modified.

(Added 1959, No. 215, § 7, eff. June 2, 1959; amended 1969, No. 84, § 2, eff. April 18, 1969; 1973, No. 267 (Adj. Sess.), § 5; 1979, No. 122 (Adj. Sess.), § 4; 1993, No. 176 (Adj. Sess.), § 7; 2005, No. 8, § 14, eff. April 25, 2005; 2019, No. 152 (Adj. Sess.), § 20, eff. April 1, 2021; 2019, No. 178 (Adj. Sess.), § 37, eff. July 1, 2021.)

§ 2182 Terms of office

(a) Members of the Board shall be appointed for four year terms. Two of the appointed members shall initially be appointed for terms of two years beginning July 1 of the year of appointment.

(b) A vacancy shall be filled for the unexpired term in the same manner as the initial appointment.

(1959, No. 215, § 8, eff. June 2, 1959; amended 1993, No. 176 (Adj. Sess.), § 8.)

§ 2183 Fees; books and records

All fees for examinations, licenses, and renewals shall be forwarded to the Department of Public Safety. The Board shall have free and unrestricted access to all books, notes, records, transcriptions, recordings, and other related data within the care of the Department of Public Safety.

(1959, No. 215, § 17, eff. June 2, 1959; amended 1993, No. 176 (Adj. Sess.), § 9; 2005, No. 8, § 15, eff. April 25, 2005.)

§ 2184 Per diem pay and expenses

Each appointive member of the Board shall be entitled to compensation and expenses as provided in 32 V.S.A. § 1010.

(1959, No. 215, § 18, eff. June 2, 1959; amended 1963, No. 193, § 12, eff. June 28, 1963; 1983, No. 195 (Adj. Sess.), § 5(b); 1993, No. 176 (Adj. Sess.), § 10.)

§ 2185 Repealed

[Repealed]

1993, No. 176 (Adj. Sess.), § 19.

Subchapter 3 Licenses

§ 2191 Master plumbers

Any person who completes an application for a master plumber’s license, presents documentation of having held a valid journeyman plumber’s license under this chapter for at least 12 months, or documents equivalent training and experience in or outside of this State acceptable to the Board, and pays an examination fee in an amount determined by the Board based on the costs associated with administering the examination, shall be entitled to an examination. Upon successful completion of the examination and payment of a licensing fee, the applicant shall receive a master plumber’s license in the form of a wallet-sized card. The license shall be carried by the master plumber at all times while performing the licensee’s trade and shall be displayed upon request. Upon request of a license holder, a license certificate, suitable for framing, shall be available for a fee.

(1959, No. 215, § 9, eff. June 2, 1959; amended 1969, No. 84, § 3, eff. April 18, 1969; 1971, No. 6, § 1, eff. Feb. 17, 1971; 1991, No. 234 (Adj. Sess.), § 9; 1993, No. 176 (Adj. Sess.), § 11.)

§ 2192 Journeyman plumbers

Any person who completes an application for a journeyman plumber’s license and documents apprenticeship in plumbing that includes both instruction and practice in work processes as verified by the Vermont Apprenticeship Council, or equivalent training and experience in or out of this State acceptable to the Board, and pays an examination fee to be determined by the Board based on the costs associated with administering the examination, shall be entitled to examination. Upon successful completion of the examination and payment of a licensing fee, the applicant shall receive a journeyman plumber’s license in the form of a wallet-sized card. The license shall be carried by the journeyman at all times while performing the licensee’s trade and shall be displayed upon request. Upon request of a license holder, a license certificate, suitable for framing, shall be available for a fee.

(1959, No. 215, § 10, eff. June 2, 1959; amended 1969, No. 84, § 4, eff. April 18, 1969; 1971, No. 6, § 2, eff. Feb. 17, 1971; amended 1991, No. 234 (Adj. Sess.), § 10; 1993, No. 176 (Adj. Sess.), § 12.)

§ 2192a Limited licensure; specialists

(a) Any person who completes an application for a specialist’s license and documents successful completion of instruction, training, and experience in or out of the State acceptable to the Board and pays an examination fee to be determined by the Board based on the costs associated with administering the examination, shall be entitled to an examination. Upon successful completion of the examination and payment of a license fee, the applicant shall receive a specialist license in the form of a wallet-sized card. The license shall be carried by the licensee at all times while performing the licensee’s specialty and shall be displayed upon request. Upon request by the license holder, a specialist license suitable for framing shall be available for a fee. A specialist license shall indicate each specialty for which the licensee has been approved. A specialist license does not take the place of any other license required by law.

(b) Specialty fields include the following:

(1) Water Heater Specialist: Installation, replacement, and repair of any residential, industrial, or commercial domestic hot water supply tanks.

(2) Heating System Specialist: Installation, replacement, and repair of residential, industrial, or commercial hydronic space heating systems, including radiant, solar, and other types of hydronic system design. Any work on steam systems shall be limited to steam systems with operating pressure not to exceed 15 PSIG.

(3) Water Treatment Specialist: Installation, replacement, and repair of residential, industrial, or commercial potable water treatment and filtration equipment.

(c) A person duly licensed as a specialist under this section may perform specialty work, either as an employee or as an independent contractor only in connection with the specialty field designated on the person’s license. A specialty business may hire or employ only people licensed in the specialty of the business.

(d) A specialist may perform a supply connection to an existing water supply for test and related system operation, but at no time shall any specialist perform any plumbing or heating work that is not specified or permitted under the specialist’s license.

(e) Specialty classes shall be provided by the Department of Labor or others.

(f) The Commissioner shall adopt rules regarding work notices, inspection procedures, and priorities for each specialty.

(Added 1993, No. 176 (Adj. Sess.), § 13; amended 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)

§ 2193 Applications; examinations, education, and fees

(a)(1) Each applicant for license shall present to the executive office of the Board, on blanks furnished by the Board, a written application for examination and license containing such information as the Board may require, accompanied by the fee required. Notwithstanding 32 V.S.A. § 502(a), if the examination is conducted by an outside testing service, the required examination fee may be paid directly to the testing service.

(2) Examinations shall be in whole or in part in writing and shall include the theoretical and practical nature of plumbing or specialties, or both, and knowledge of State laws, the rules of the Departments of Health and of Environmental Conservation, and such other rules and regulations as the Board may determine necessary to satisfactorily determine the qualifications of the applicant. Examinations shall be relevant to the instructional material taught in classes, codes used, and new developments and procedures within the trade.

(b) Any applicant who fails an examination may, upon payment of the examination fee, retake the examination.

| | | (1) | Master plumber license | $ 120.00 | | --- | --- | --- | --- | --- | | | | (2) | Journeyman plumber license | $ 90.00 | | | | (3) | Specialist license | $ 50.00 | | | | (4) | Master renewal fee | $ 120.00 | | | | (5) | Journeyman renewal fee | $ 90.00 | | | | (6) | Specialist renewal fee | $ 50.00 | | | | (7) | License certificate | $ 10.00 |

(d) Master and journeyman plumbers shall be exempt from paying license or renewal fees as specialists.

(e) Pursuant to qualifications and procedures determined by the Commissioner, the Board shall, upon request, waive application fees to qualified military members and military spouses.

(f) In addition to other education requirements of this subchapter, the Commissioner shall require each applicant to complete an education module regarding the State’s energy goals and how the plumbing profession can further those goals.

(1) The education module shall be not more than two hours and shall be required as a condition of initial licensure and license renewal, except that master and journeyman plumbers who complete this education module shall not be required to complete this education module for any additional specialty license. The module shall include education on any State or utility incentives relevant to the profession.

(A) The education module for initial licensure shall provide general information regarding the State’s energy goals.

(B) The education module for license renewal shall provide any updates on the State’s energy goals and any updates regarding corresponding State energy programs applicable to the profession.

(Added 1959, No. 215, § 11, eff. June 2, 1959; amended 1961, No. 32, § 1; 1993, No. 176 (Adj. Sess.), § 14; 1999, No. 49, § 147; 2009, No. 134 (Adj. Sess.), § 8, eff. May 29, 2010; 2019, No. 131 (Adj. Sess.), § 279; 2019, No. 152 (Adj. Sess.), § 21, eff. April 1, 2021; 2019, No. 178 (Adj. Sess.), § 37, eff. July 1, 2021.)

§ 2194 Examinations not required; temporary licenses

(a) Generally.

(1) Reciprocity.

(A) Appropriate licenses without examination may be issued to a person to whom a master plumber’s license or a journeyman plumber’s license or a specialty license or equivalent has been previously issued by another state or municipality upon the payment of the required fee if:

(i) that state or municipality maintained a standard of requirements equivalent to those of this State; and

(ii) the applicant presents satisfactory proof to the Board that he or she is a bona fide licensee.

(B) An applicant under this subdivision (1) shall be exempt from examination only if the applicant holds a license from a foreign state or municipality and if under the laws or regulations of the foreign state or municipality issuing the license a like exemption or reciprocal agreement, or both, is granted to licensees under the laws of this State.

(2) Uniform process for endorsement from other states.

(A) The Board shall issue licenses for master plumbers and journeyman plumbers and specialists who have been licensed in good standing in another jurisdiction within the United States for at least three years, regardless of whether that jurisdiction meets the reciprocity requirements of subdivision (1) of this subsection.

(C) The Commissioner may issue to an endorsement applicant a waiver of the practice requirement if there is a showing that the waiver follows State policy and the public is adequately protected.

(b) Service members and veterans. Except as otherwise provided by law, a journeyman’s license shall be issued without examination and upon payment of the required fee to an applicant who is a service member or veteran who:

(1) submits a complete application and any documentation required by the Board;

(2) has received designation by the U.S. Armed Forces as a 12K Plumber or equivalent; and

(3) has completed a minimum of 8,000 hours and four years of active duty field work as a 12K Plumber or equivalent.

(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;

(D) the National Guard of any state.

(Added 1959, No. 215, § 12, eff. June 2, 1959; amended 1961, No. 32, §§ 2, 3; 1969, No. 84, § 5, eff. April 18, 1969; 1993, No. 176 (Adj. Sess.), § 15; 2017, No. 119 (Adj. Sess.), § 3; 2019, No. 152 (Adj. Sess.), § 22, eff. April 1, 2021.)

§ 2195 Licenses

(a) All licenses expire on the last day of a month designated by the Board. A license shall be valid for two years. The Board shall renew a valid license issued under this chapter on receipt of an application for renewal and the required fee before the expiration date of the license.

(b) If a licensee fails to renew his or her license prior to expiration, the licensee may reinstate the license within 90 days of its expiration by paying the reinstatement fee of $15.00 in addition to the renewal fee.

(c) If the licensee fails to renew within 90 days of the expiration of the license, the licensee shall appear before the Board to request reinstatement.

(d) After July 1, 1996, applicants for license renewal shall provide to the Board evidence of completion of eight hours of continued training or instruction, approved by the Board, within the previous 24-month period.

(Added 1959, No. 215, § 13, eff. June 2, 1959; amended 1969, No. 84, § 6, eff. April 18, 1969; 1991, No. 234 (Adj. Sess.), § 11; 1993, No. 176 (Adj. Sess.), § 16.)

§ 2196 Repealed

[Repealed]

1993, No. 176 (Adj. Sess.), § 19.

§ 2197 Penalty

Any person who installs any plumbing or specialty installation or who advertises as such, except as provided in section 2198 of this title, without first having obtained an appropriate license under this chapter or who employs a person to perform any plumbing work for which the employee is not licensed or procures any license wrongfully or by fraud, shall be fined not more than $1,000.00 for each offense.

(1959, No. 215, § 15, eff. June 2, 1959; amended 1967, No. 295 (Adj. Sess.), § 8, eff. March 20, 1968; 1969, No. 84, § 8, eff. April 18, 1969; 1979, No. 122 (Adj. Sess.), § 5; 1993, No. 176 (Adj. Sess.), § 17.)

§ 2198 Exceptions; license not required

(a) All plumbing and specialty work performed in Vermont shall be performed by persons licensed under this chapter except that a license shall not be required for the following types of work:

(1) Any plumbing and specialty work performed by an owner or the owner’s regular employees in the owner-occupied, freestanding single family dwelling or in outbuildings accessory to the owner-occupied, single family dwelling.

(2) Installations of plumbing systems in laboratories for experimental purposes only.

(3) A person who regularly employs a maintenance person whose duties include the maintenance of plumbing on the property of that person.

(4) Plumbing or specialty installations performed as part of a training project of a vocational school or other educational institution. However, the installation shall be inspected if the building is to be sold as a private dwelling or public building.

(5) A person who performs miscellaneous jobs of manual labor on the person’s own property in the course of which plumbing repairs or alterations are made.

(6) For the construction, repair, or maintenance of buildings used exclusively for agricultural purposes and animal housing located on owner-occupied farms.

(7) Work performed by employees of any public or private water company, who in the main course of their employment install, maintain, or repair water supply pipes, meters, or control valves.

(b) Plumbing installed or maintained by persons included in this section shall conform to State law.

(1959, No. 215, § 16, eff. June 2, 1959; amended 1969, No. 84, § 9, eff. April 18, 1969; 1979, No. 122 (Adj. Sess.), § 6; 1993, No. 176 (Adj. Sess.), § 18.)

§ 2199 Inspections

The Commissioner of Public Safety or designee may inspect premises subject to the rules adopted under section 2173 of this title.

(Added 1979, No. 122 (Adj. Sess.), § 7; amended 1999, No. 49, § 148; 2005, No. 8, § 16, eff. April 25, 2005.)

Chapter 41 Real Estate Brokers and Salespersons

Subchapter 1 General Provisions

§ 2211 Definitions

(a) As used in this chapter, the following definitions shall have the following meanings except where the context clearly indicates that another meaning is intended:

(1) “Commission” means the Vermont Real Estate Commission.

(2) “Person” means and includes individuals, corporations, partnerships, trusts, associations, cooperatives, or other firms or entities, foreign or domestic.

(3) “Real estate,” “real property,” “realty,” or words of like import means any interest or estate in land, excepting leaseholds, whether such interest or estate is corporeal, incorporeal, freehold, or nonfreehold, and whether situated in this State or elsewhere; provided, however, that the meaning as used in this chapter shall not include oil, gas, or mineral leases, nor shall it include any other mineral leasehold, mineral estate, or mineral interest of any nature whatsoever.

(4) “Real estate broker” or “broker” means any person who, for another, for a fee, commission, salary, or other consideration, or with the intention or expectation of receiving or collecting such compensation from another, engages in or offers or attempts to engage in, either directly or indirectly, by a continuing course of conduct, any of the following acts:

(A) lists, offers, attempts, or agrees to list real estate or any interest therein for sale or exchange;

(B) sells, exchanges, or purchases real estate or any interest therein;

(D) negotiates, or offers, attempts, or agrees to negotiate the sale, exchange, or purchase of real estate, or any interest therein;

(E) buys, sells, offers to buy or sell, or otherwise deals in options on real estate or any interest therein;

(F) advertises or holds himself or herself out as being engaged in the business of buying, selling, or exchanging real estate or any interest therein;

(G) assists or directs in the procuring of prospects, calculated to result in the sale or exchange of real estate or any interest therein; however, a nonlicensed employee of a licensee shall be allowed to respond to inquiries from members of the public, so long as the employee makes it clear that he or she is not licensed and that any information provided should be confirmed by a licensed person.

(5) “Real estate salesperson” or “salesperson” means any person who for a fee, compensation, salary, or other consideration, or in the expectation or upon the promise thereof, is employed by or associated with a licensed real estate broker to do any act or deal in any transaction as provided in subdivision (4) of this subsection for or on behalf of a licensed real estate broker.

(b) The terms “real estate broker,” “real estate salesperson,” or “broker” shall not include:

(1) Any person, partnership, association, or corporation who as a bona fide owner performs any of the acts set forth in subdivision (a)(4) of this section with reference to property owned by them, nor shall it apply to regular employees thereof, when such acts are performed in the regular course of or as an incident to the management of such property and the investment therein. This subdivision (1) shall not apply to licensees.

(2) Any attorney at law, admitted to practice in Vermont, handling sales of real estate in the course of estate or guardianship administration, or trust administration, bankruptcy proceedings, receiverships, or like actions subject to approval by a court of competent jurisdiction, or sales of real estate arising in the usual course of the practice of law.

(3) Any person selling real estate as an auctioneer, provided such sale is advertised as a bona fide public auction.

(4) Any bank or trust company or any of its officers or employees in the performance of their duties as an officer or employee of any such bank or trust company while performing activities listed in subdivision (a)(4) of this section with respect to real estate owned by that bank or trust company.

(5) Any person holding in good faith a duly executed power of attorney from the owner, authorizing a final consummation and execution for the sale, purchase, or exchange of real estate when such acts are not of a recurrent nature and done with the intention of evading this section.

(6) Any person while acting as a receiver, trustee, administrator, executor, guardian, or under court order, or while acting under authority of a deed, trust, or will.

(7) Public officers while performing their duties as such.

(8) Any person who leases real estate or any interest therein or any improvements affixed thereon, or offers to lease, negotiates the lease of, or advertises as being in the business of leasing real estate.

(9) Any person registered as a securities dealer or salesperson by the Commissioner of Financial Regulation pursuant to 9 V.S.A. chapter 131 when selling securities.

(Amended 1969, No. 283 (Adj. Sess.), § 1; 1979, No. 81, § 1, eff. May 10, 1979; 1985, No. 6, § 1; 1989, No. 225 (Adj. Sess.), § 25; 1995, No. 180 (Adj. Sess.), § 38; 2011, No. 78 (Adj. Sess.), § 2, eff. April 2, 2012; 2013, No. 138 (Adj. Sess.), § 13; 2017, No. 144 (Adj. Sess.), § 22.)

§ 2212 Prohibition

Except as may be otherwise provided in this chapter, a person, firm, partnership, association, or corporation shall not engage in the business or act in the capacity of real estate broker or salesperson within this State without first obtaining a license therefor.

(Amended 1985, No. 6, § 1.)

§ 2213 Penalties

A person who shall violate any provision of this chapter shall be subject to the penalties provided in 3 V.S.A. § 127.

(Amended 1985, No. 6, § 1; 2007, No. 29, § 33; 2019, No. 30, § 16.)

§ 2214 Trust and escrow accounts

(a) Every real estate broker, within five banking days, shall deposit in a trust or escrow account in a bank or other financial institution licensed to do business in this State all earnest money and contract deposits held by him or her as a real estate broker in which the clients or other persons with whom the broker is dealing have an interest. Trust and escrow accounts shall be maintained separate and apart from a broker’s individual or office account. The broker shall maintain at the broker’s usual place of business, books, records, contracts, and other documents pertinent to or relating to the trust or escrow account and monies therein, which shall be open for inspection by the Commission and its duly authorized agents at the broker’s usual place of business during regular business hours. The broker shall notify the Commission, within 10 days after opening any trust or escrow account, of the bank or other financial institution in which the account is located.

(b) If a deposit is reasonably expected to earn a substantial amount of interest, the broker shall, at the request of the person or persons making the deposit, place the deposit in an individual interest-bearing trust or escrow account for the benefit of the beneficial owner. In regard to individual interest-bearing trust and escrow accounts:

(1) Unless otherwise agreed to in writing by all parties, the interest earned shall be applied to the purchase price due from the buyer if the sale is consummated, shall be returned to the buyer if the deposit is returned to the buyer, and shall be payable to the seller if the buyer defaults. Contracts shall carry this language conspicuously above the signature lines.

(2) No checks shall be drawn against uncollected deposits in the account.

(3) None of the contract deposits shall be withdrawn until the contract has been terminated by performance, or by operation of its own terms, or by agreement in writing between all parties involved in the contract, or by order of a court of competent jurisdiction.

(c) If a deposit is not reasonably expected to earn a substantial amount of interest, the broker shall place the deposit in a pooled interest-bearing trust or escrow account and direct that the interest be remitted to the Vermont Housing Finance Agency in accordance with the provisions of 8 V.S.A. § 14210.

(d) The broker shall inform the depositor whether funds are deposited into an individual account pursuant to subsection (b) of this section or in a pooled account pursuant to subsection (c) of this section. The broker shall retain a written statement of this disclosure signed by the beneficial owner of the account.

(Added 1969, No. 283 (Adj. Sess.), § 12; amended 1985, No. 6, § 1; 1991, No. 86, § 4, eff. Jan. 1, 1992; 1999, No. 153 (Adj. Sess.), § 25, eff. Jan. 1, 2001; 2013, No. 138 (Adj. Sess.), § 14.)

Subchapter 2 Administration

§ 2251 Real Estate Commission

(a) A Vermont Real Estate Commission is created, consisting of seven members. One member of the Commission shall be an attorney at law. Two shall be members of the public who have no financial interest in the activities regulated under this chapter, other than as consumers or possible consumers of its services. These persons shall have no financial interest personally or through a spouse, parent, child, brother, or sister. “Financial interest” means dealing in goods or services that are uniquely related to activities regulated under this chapter, or investing anything of value in a business licensed under this chapter.

(b) Three members of the Commission shall be licensed real estate brokers whose vocations shall have been that of real estate broker for at least four years. At least one of the broker members shall not be a member of a professional real estate association at the time of appointment or at any time during tenure as a member. One of the Commission members shall be a licensed salesperson. If a salesperson becomes a broker while serving on the Commission, that salesperson shall become ineligible to continue to serve as the salesperson member of the Commission.

(c) Commission members shall be appointed by the Governor pursuant to 3 V.S.A. §§ 129b and 2004. To the extent possible, appointments shall be geographically representative.

(Amended 1963, No. 193, § 13, eff. June 28, 1963; 1969, No. 283 (Adj. Sess.), § 2; 1985, No. 6, § 1; 2005, No. 27, § 65.)

§ 2252 Powers and duties

(a) The Commission shall adopt rules in accordance with 3 V.S.A. chapter 25 necessary for the performance of its duties, including:

(1) a definition of the activities that may be performed only by a licensee, in accordance with section 2211 of this title;

(2) qualifications for obtaining licensure, in accordance with section 2292 of this title;

(3) explanations of appeal and other significant rights given to applicants and the public;

(4) procedures for disciplinary and reinstatement cases;

(5) criteria for determining whether or not a deposit is reasonably expected to earn a substantial amount of interest in accordance with subsections 2214(b) and (c) of this title. The criteria shall include the following:

(A) the amount of the deposit and the time period the deposit is expected to be held;

(B) the cost of establishing and maintaining an interest-bearing account, including minimum account balances, service charges, legal fees, accounting fees, and tax reporting procedures;

(b) The Commission shall:

(1) if applications for licensure by examination are pending, offer examinations at least four times each year and pass upon the qualifications of applicants for licensing;

(2) use the administrative and legal services provided by the Office of Professional Regulation under 3 V.S.A. chapter 5;

(3) investigate suspected unprofessional conduct.

(1) investigate suspected cases of unauthorized practice of activities regulated by this chapter, and refer any such case to the Attorney General or a State’s Attorney for possible prosecution and injunctive relief;

(2) conduct hearings;

(3) administer oaths and issue subpoenas pursuant to 3 V.S.A. §§ 809a and 809b;

(4) 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;

(5) adopt rules relating to the procedures to be followed in handling complaints and conducting hearings under this chapter;

(6) receive assistance from the Attorney General or other State agencies, so long as the assistance is not contrary to any other State law.

(d) The Commission shall provide proposed rules to the Director of the Office of Professional Regulation for review and comment. The Director’s comments shall be forwarded to the administrative rules committee.

(Amended 1969, No. 283 (Adj. Sess.), § 3; 1985, No. 6, § 1; 1989, No. 250 (Adj. Sess.) § 4(d); 1991, No. 86, § 5, eff. June 26, 1991.)

§ 2253 Commission procedures

(a) Annually, the Commission shall meet to elect a chair, a vice chair, and a secretary.

(b) Meetings may be called by the Chair and shall be called upon the request of any other two members.

(d) A majority of the members of the Commission shall be a quorum for transacting business, and all action shall be taken upon a majority vote of the members present and voting.

(Amended 1963, No. 66, § 1; 1969, No. 283 (Adj. Sess.), § 4; 1985, No. 6, § 1; 2005, No. 27, § 66.)

§ 2254 Repealed

[Repealed]

1985, No. 6, § 1.

§ 2255 Fees

(a) Applicants and persons regulated under this chapter shall pay the following fees:

| | (1) | Application | | | --- | --- | --- | --- | | | | (A) Broker license | $ 100.00 | | | | (B) Salesperson license | $ 100.00 | | | | (C) Brokerage firm registration | $ 200.00 | | | | (D) Branch office registration | $ 200.00 | | | (2) | Biennial renewal of broker or salesperson license | $ 200.00 | | | (3) | Biennial brokerage firm or branch office registration renewal | $ 400.00 | | | (4) | Temporary permit | $ 25.00 | | | (5) | Transfer of license | $ 10.00 | | | (6) | Transfer to inactive status | $ 25.00 | | | (7) | Education course review | $ 100.00 |

(b) [Repealed.]

(Added 1985, No. 6, § 1; amended 1989, No. 250 (Adj. Sess.), § 56; 1995, No. 47, § 25; 2013, No. 27, § 28; 2013, No. 191 (Adj. Sess.), § 18; 2015, No. 57, § 2; 2019, No. 70, § 20; 2023, No. 77, § 32, eff. June 20, 2023.)

Subchapter 3 Licenses

§ 2291 General provisions

(a) A real estate license shall not be authority for more than one person to perform the activities listed in section 2211 of this chapter.

(b) A registered brokerage firm shall designate in its application the individual who is to serve as the principal broker under the brokerage firm registration.

(Amended 1969, No. 283 (Adj. Sess.), § 5; 1971, No. 184 (Adj. Sess.), § 23, eff. March 29, 1972; 1985, No. 6, § 1; 2013, No. 138 (Adj. Sess.), § 16.)

§ 2292 Eligibility

(a) A license as a real estate broker shall be granted to a person who satisfies all of the following:

(1) has passed an examination as required by the Commission;

(2) has gained at least two years’ experience satisfactory to the Commission as a licensed salesperson, including at least eight separate and unrelated closed transactions;

(3) has completed a course of instruction of at least 40 hours, approved by the Commission.

(b) A license as a real estate salesperson shall be granted to a person who satisfies all of the following:

(1) has passed an examination as required by the Commission;

(2) is at least 18 years of age;

(3) has been employed by or become associated with a brokerage firm and that firm’s principal broker; and

(4) has completed a course of instruction, approved by the Commission, of at least 40 hours.

(c) The Commission may waive all or a part of the examination requirement if the applicant is a real estate broker or salesperson regulated under the laws of another jurisdiction, who is in good standing to practice in that jurisdiction and, in the opinion of the Commission, the jurisdiction’s examination is substantially equal to that required by this chapter.

(Amended 1963, No. 66, § 2; 1969, No. 283 (Adj. Sess.), § 6; 1979, No. 81, § 2, eff. May 10, 1979; 1985, No. 6, § 1; 1997, No. 40, § 28; 2001, No. 151 (Adj. Sess.), § 21, eff. June 27, 2002; 2005, No. 27, § 67; 2017, No. 48, § 14; 2019, No. 30, § 16.)

§ 2292a Examinations

(a) The Commission shall select and administer examinations for licensure. The Commission may use independent testing services or others to assist in the administration of written examinations.

(b) Examinations and examination procedures shall be fair and reasonable and shall be designed to ensure that all applicants are licensed if they demonstrate that they possess the minimal occupational qualifications that are consistent with the public health, safety, and welfare. They shall not be designed or implemented for the purpose of limiting the number of licensees.

(Added 1997, No. 40, § 29.)

§ 2293 Renewal of license; expired license

Licenses shall be renewed every two years without examination and on payment of the required fees, provided that the person applying for renewal completes at least 24 hours of instruction for brokers and 16 hours of instruction for salespersons, approved by the Commission, during the preceding two-year period. Four hours of this continuing education instruction shall address legislation and other topics specified by the Commission for each renewal period.

(Amended 1969, No. 283 (Adj. Sess.), § 7; 1985, No. 6, § 1; 1989, No. 250 (Adj. Sess.), § 4(d); 1997, No. 145 (Adj. Sess.), § 29a; 2005, No. 27, § 68; 2005, No. 148 (Adj. Sess.), § 20; 2005, No. 148 (Adj. Sess.), § 53, eff. Jan. 1, 2007; 2013, No. 138 (Adj. Sess.), § 17; 2017, No. 48, § 15; 2019, No. 30, § 16.)

§ 2294 Change of name or location

(a) Whenever a licensed broker desires to be licensed under a different name, the broker shall pay the fee established under section 2255 of this chapter. Notice of any change in the names and addresses of the licensees shall be given to the Commission within 30 days after the change becomes effective.

(b) Each licensee shall notify the Commission in writing of any change of the licensee’s principal business location, and the Commission shall issue a new license with the new address for the fee established under section 2255 of this chapter.

(c) If a brokerage firm maintains more than one place of business within the State, a branch office registration is required for each branch office so maintained. Branch offices shall use the same registered brokerage firm name as the main office and shall designate a licensed broker in charge for each branch office.

(Added 1969, No. 283 (Adj. Sess.), § 14; amended 1985, No. 6, § 1; 2013, No. 138 (Adj. Sess.), § 18.)

§ 2295 Display of license

All licenses shall be conspicuously displayed within licensee’s place of business.

(Amended 1979, No. 81, § 3, eff. May 10, 1979; 1985, No. 6, § 1.)

§ 2296 Unprofessional conduct

In addition to the conduct set forth in 3 V.S.A. § 129a, the following conduct by those regulated under this chapter constitutes unprofessional conduct:

(1) commingling money or other property to which the licensee’s clients or other persons are entitled with the licensee’s own, except to the extent nominal sums of the licensee’s funds may be required to maintain an open trust account;

(2) failing to inform clients, establish trust and escrow accounts, maintain records, and otherwise act in accordance with the provisions of section 2214 of this chapter with respect to all monies received by the licensee as a real estate broker, or as escrow agent, or as the temporary custodian of the funds of others, in a real estate transaction;

(3) failing promptly to segregate any properties received that are to be held for the benefit of others;

(4) failing to fully disclose to a buyer all material facts within the licensee’s knowledge concerning the property being sold;

(5) failing to fully disclose to a buyer the existence of an agency relationship between the licensee and the seller.

(Amended 1963, No. 66, §§ 3, 4; 1969, No. 283 (Adj. Sess.), § 8; 1979, No. 81, § 4, eff. May 10, 1979; 1985, No. 6, § 1; 1991, No. 86, § 6, eff. Jan. 1, 1992; 1997, No. 145 (Adj. Sess.), § 45; 2013, No. 27, § 29; 2017, No. 48, § 16; 2019, No. 30, § 16.)

§ 2297 Nonresident broker

A nonresident of the State, who has held a real estate broker’s or salesperson’s license in the previous state of residence for a period of two years prior to applying for a license, may be licensed to act in a similar capacity in this State by conforming to the provisions of this chapter regarding application for and securing of license, except that the application shall be accompanied by a statement from the regulatory body of the other state concerning whether the applicant has been the subject of any criminal or disciplinary investigation or action.

(Amended 1969, No. 283 (Adj. Sess.), § 9; 1985, No. 6, § 1.)

§ 2298 Repealed

[Repealed]

2015, No. 38, § 26, eff. May 28, 2015.

§ 2299 Death of broker; temporary license

In the event of the death of a licensed real estate broker, the Commission may, upon application by the broker’s legal representative, issue without examination a temporary license to such legal representative or to an individual designated by the representative or the broker and approved by the Commission on payment of the prescribed fee established under section 2255 of this chapter. Such temporary licensee may continue to transact said real estate business for a period not to exceed one year. A temporary licensee shall not enter into new brokerage service agreements.

(Added 1969, No. 283 (Adj. Sess.), § 15; amended 1985, No. 6, § 1; 2013, No. 138 (Adj. Sess.), § 19.)

§ 2300 Repealed

[Repealed]

1985, No. 6, § 1.

§ 2301 Repealed

[Repealed]

1979, No. 81, § 5, eff. May 10, 1979.

Chapter 43 Veterinary Science

Subchapter 1 General Provisions

§§ 2351-2354 Repealed

[Repealed]

1981, No. 67, § 2(a).

Subchapter 2 State Board of Veterinary Registration and Examination

§§ 2391-2396 Repealed

[Repealed]

1981, No. 67, § 2(a).

Subchapter 3 Licenses

§§ 2431-2436 Repealed

[Repealed]

1981, No. 67, § 2(a).

Chapter 44 Veterinary Medicine

Subchapter 1 General Provisions

§ 2401 Definitions

As used in this chapter:

(1) “Animal” means any animal other than a human and includes fowl, birds, fish, and reptiles.

(2) “Board” means the Vermont Board of Veterinary Medicine created under this chapter.

(3) “E.C.F.V.G.” means American Veterinary Medical Association Education Commission for Foreign Veterinary Graduates.

(4) “Licensed veterinarian” means a person who is validly and currently licensed by the Board to practice veterinary medicine in Vermont.

(5) “Practice of veterinary medicine” means:

(A) for a consideration, to diagnose, treat, correct, change, relieve, or prevent animal disease, deformity, defect, injury, or other physical or mental conditions; including the prescription or administration of any drugs, biologic, apparatus, application, anesthetic, or other therapeutic or diagnostic substance or technique and the use of any manual or mechanical procedure for testing for pregnancy or for correcting sterility, or infertility, or to render advice or recommendation with regard to any of the acts described in this subdivision (A);

(B) to represent, directly or indirectly, publicly or privately, an ability and willingness to do any act described in subdivision (A) of this subdivision (5);

(C) to use any title, words, abbreviation, or letters in a manner or under circumstances that induce the belief that the person using them is qualified to do any act described in subdivision (A) of this subdivision (5), except where such a person is a veterinarian;

(D) to perform a dental operation on an animal.

(6) “School of veterinary medicine” means a college of veterinary medicine approved or accredited by the American Veterinary Medical Association.

(7) “Disciplinary action” or “disciplinary cases” includes any action taken by a board against a licensee or applicant premised upon a finding of wrongdoing or unprofessional conduct by the licensee or applicant. It includes all sanctions of any kind, including obtaining injunctions, issuing warnings, and other similar sanctions and ordering restitution.

(8) “Financial interest” means being:

(A) a licensed veterinarian;

(B) a person who deals in goods and services that are uniquely related to the practice of veterinary medicine; or

(9)(A) “Dental operation” means:

(i) the application or use of any instrument or device to any portion of an animal’s tooth, gum, or any related tissue for the prevention, cure, or relief of any wound, fracture, injury, or disease of an animal’s tooth, gum, or related tissue; and

(ii) preventive dental procedures, including the removal of calculus, soft deposits, plaque, or stains or the smoothing, filing, or polishing of tooth surfaces.

(B) “Dental operation” does not mean the use by any person of cotton swabs, gauze, dental floss, dentifrice, toothbrushes, or similar items to clean an animal’s teeth.

(Added 1981, No. 67, § 1; amended 2007, No. 163 (Adj. Sess.), § 22; 2013, No. 114 (Adj. Sess.), § 1; 2017, No. 48, § 17.)

§ 2402 Prohibition; offenses

(a) No person shall:

(1) practice or attempt to practice veterinary medicine or hold himself or herself out as being able to do so in this State without first having obtained a license from the Board;

(2) use in connection with the person’s name any letters, words, or insignia indicating or implying that the person is a veterinarian unless the person is a graduate of a school of veterinary medicine;

(3) practice or attempt to practice veterinary medicine during license revocation or suspension;

(4) transfer a license to practice veterinary medicine; or

(5) violate any of the provisions of this chapter.

(b) A person who violates subdivision (a)(1), (2), or (3) of this section or who obtains a license by fraud or misrepresentation shall be subject to the penalties provided in 3 V.S.A. § 127(c).

(Added 1981, No. 67, § 1; amended 2007, No. 29, § 34.)

§ 2403 Exemptions from licensure

Regardless of whether acts performed are within the definition of the practice of veterinary medicine as defined in subdivision 2401(5) of this title, a license to practice veterinary medicine shall not be required under section 2402 of this title by the following:

(1) The owner of an animal and the owner’s full-time regular employee caring for and treating the animal belonging to the owner, except where the ownership of the animal was transferred for purposes of circumventing this chapter.

(2) A person advising with respect to or performing acts that are accepted livestock management practices and animal husbandry practices such as the use of procedures for artificial insemination, dehorning, clipping and shoeing animals, trimming feet, and use of handheld files, rasps, or other devices to remove overgrowth from the teeth of horses (floating), but not to include power-assisted filing or power-assisted floating, extraction of teeth, or other procedures that invade the soft tissue of the mouth. Prescription drugs shall not be used except by or on the order of a licensed veterinarian, as provided by State and federal law.

(3) An employee of the federal, State, or local government performing his or her official duties.

(4) A person who is a regular student in a school of veterinary medicine performing duties or actions assigned by his or her instructors, or working under the direct on-premises supervision of a licensed veterinarian during a school vacation period, or in a preceptorship program.

(5) A veterinarian regularly licensed in another state consulting with a licensed veterinarian in this State.

(6) Any merchant or manufacturer selling at his or her regular place of business medicines, feed, appliances, or other products used in the prevention or treatment of animal diseases.

(7) A member of the faculty of a school of veterinary medicine performing his or her regular functions or a person lecturing or giving instructions or demonstrations at a school of veterinary medicine or in connection with a continuing education course or seminar.

(8) Any person selling or applying any pesticide, insecticide, or herbicide.

(9) Any person engaging in bona fide scientific research that reasonably requires experimentation involving animals.

(10) Any employee of a licensed veterinarian performing duties other than diagnosis, prescription, or surgery under the direct on-premises supervision of the veterinarian who is responsible for his or her performance.

(11) A graduate of a foreign college of veterinary medicine who is in the process of obtaining an E.C.F.V.G. certificate performing duties or actions under the direct on-premises supervision of a licensed veterinarian.

(Added 1981, No. 67, § 1; amended 2001, No. 151 (Adj. Sess.), § 22, eff. June 27, 2002; 2013, No. 114 (Adj. Sess.), § 2.)

§ 2404 Immunity from liability; cases of animal cruelty

(a) There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, a veterinarian licensed to practice in this State who, in good faith and in the normal course of practice, reports suspected cases of cruelty to animals, as defined in 13 V.S.A. §§ 352 and 352a, to any humane officer or officer as defined in 13 V.S.A. § 351(4) or local board of health officer or agent.

(b) There shall be no monetary liability on the part of, and no cause of action for damages against, a veterinarian licensed to practice in this State who accompanies a humane officer during the execution of a warrant pursuant to 13 V.S.A. § 354, or evaluates the health of and provides medical attention to, including a decision for euthanasia, an animal brought to that veterinarian for health assessment or necessary medical care, pursuant to 13 V.S.A. § 354.

(c) There shall be no monetary liability on the part of, and no cause of action for damages against, a veterinarian licensed to practice in this State who inspects premises or orders a quarantine pursuant to 20 V.S.A. § 3682 or 3683.

(Added 2003, No. 60, § 12; amended 2013, No. 201 (Adj. Sess.), § 2.)

§ 2405 Immunity from liability for good samaritan acts

(a) For purposes of this section, an “emergency” shall include a fire, flood, storm, or other natural disaster, hazardous chemical or substance incident, vehicular collision with an animal, or other transportation accident where an animal is injured or in need of assistance to protect its health or life.

(b) A veterinarian licensed by the Board or any other person who, in good faith, provides care and treatment to an animal during an emergency shall not be held liable for civil damages by the owner of the animal, unless his or her acts constitute gross negligence or unless he or she will receive or expects to receive remuneration.

(c) Nothing contained in this section shall alter existing law with respect to tort liability of a practitioner of veterinary medicine for acts committed in the ordinary course of his or her practice.

(Added 2001, No. 151 (Adj. Sess.), § 24, eff. June 27, 2002.)

Subchapter 2 State Veterinary Board

§ 2411 Qualifications; term of office; removal

(a) A State Veterinary Board is created, which shall be the continuation of and successor to the State Board of Veterinary Registration and Examination established by chapter 43, subchapter 2 of this title.

(b) The Board shall consist of six members, four of whom are residents of the State and are graduates of a school of veterinary medicine, and who have had at least five years’ experience in the State and are in the active practice of veterinary medicine at the time of their appointment; and two members who shall be representatives of the public who shall be residents of the State for five years and who shall have no financial interest in the profession other than as consumers or potential consumers of its services. They shall have no financial interest personally or through a spouse, parent, child, brother, or sister. The public members shall participate in all Board functions with the exception of drafting and grading examinations.

(Added 1981, No. 67, § 1; amended 2005, No. 27, § 69.)

§ 2412 Functioning of licensing Board

(a) Annually, the Board shall meet to elect a chair, vice chair, and a secretary.

(b) Meetings may be called by the Chair and shall be called upon the request of any other three members.

(c) A majority of the members of the Board shall constitute a quorum for transacting business and all action shall be taken upon a majority vote of the members present and voting.

(Added 1981, No. 67, § 1; amended 2005, No. 27, § 70.)

§ 2413 Powers and duties

(a) The Board shall:

(1) Adopt rules under 3 V.S.A. chapter 25 necessary for the performance of its duties, ensuring that at least the following are established by statute or rule:

(A) a definition of the behavior for which a license is required;

(B) explanations of appeal and other significant rights given by law to licensees, applicants, and the public; and

(C) rules of practice in disciplinary cases, including provisions regarding representation and evidence at hearings and provisions regarding subpoenas and witness fees.

(2) Conduct any necessary hearings in connection with the issuance, renewal, suspension, or revocation of a license or otherwise related to the disciplining of a licensee.

(3) Receive complaints and charges of unprofessional conduct against any holder of a license. The Board shall investigate all complaints in which there are reasonable grounds to believe that unprofessional conduct has occurred.

(b) The Board may:

(1) with the approval of the Director of the Office of Professional Regulation, make contracts and arrangements for the performance of administrative and similar services required or appropriate in the performance of its duties;

(2) issue subpoenas and administer oaths in connection with any authorized investigation, hearing, or disciplinary proceeding;

(3) take or cause depositions to be taken as needed in any investigation, hearing, or proceeding;

(4) receive legal assistance from the Attorney General of the State.

(Added 1981, No. 67, § 1; amended 1985, No. 158 (Adj. Sess.), § 1; 1989, No. 250 (Adj. Sess.), § 4(d).)

§ 2414 Fees

Applicants and persons regulated under this chapter shall pay the following fees:

| (1) Application | $145.00 | | --- | --- | | (2) Biennial Renewal | $200.00 |

(Added 1981, No. 67, § 1; amended 1989, No. 250 (Adj. Sess.), § 57; 1991, No. 167 (Adj. Sess.), § 37; 1993, No. 108 (Adj. Sess.), § 14, eff. Feb. 16, 1994; 2005, No. 202 (Adj. Sess.), § 17; 2011, No. 116 (Adj. Sess.), § 29; 2015, No. 57, § 3; 2019, No. 178 (Adj. Sess.), § 14, eff. Oct. 1, 2020; 2023, No. 77, § 33, eff. June 20, 2023.)

Subchapter 3 Examinations and Licenses

§ 2421 Eligibility

(a) An applicant is eligible for licensure who has:

(1) reached the age of majority;

(2) graduated from a school of veterinary medicine accredited by the American Veterinary Medical Association or the Canadian Veterinary Medical Association; and

(3) passed the North American Veterinary Licensing Examination (NAVLE), or any subsequent licensing examinations prepared under the authority of the National Board of Veterinary Medical Examiners (NBVME) or its successor organization.

(b) Applicants who are not graduates of schools of veterinary medicine accredited by the American Veterinary Medical Association (AVMA) or Canadian Veterinary Medical Association (CVMA) shall possess a certificate issued by the Educational Commission for Foreign Veterinary Graduates (ECFVG), its successor organization, or an organization acceptable to the Board.

(c) Upon submission of evidence acceptable to the Board of satisfaction of these eligibility criteria and upon payment of the required fees, the applicant shall receive a license; provided, however, that the Board may also require satisfactory completion of an examination covering State laws and rules related to the practice of veterinary medicine and the State or national veterinary codes of ethics.

(d) For purposes of this section, an applicant’s score on the North American Veterinary Licensing Examination or any subsequent licensing examinations prepared under the authority of the National Board of Veterinary Medical Examiners, or its successor organization, shall be valid for two years from the date the applicant passed the examination.

(Added 1981, No. 67, § 1; amended 1995, No. 111 (Adj. Sess.), § 1; 1997, No. 40, § 30; 2005, No. 148 (Adj. Sess.), § 21; 2007, No. 163 (Adj. Sess.), § 23.)

§ 2422 Application

An application for a license shall be in writing and signed by the applicant, on forms furnished by the Office of Professional Regulation, setting forth facts concerning the applicant as the Board may require.

(Added 1981, No. 67, § 1; amended 1989, No. 250 (Adj. Sess.), § 4(d); 2007, No. 163 (Adj. Sess.), § 24.)

§ 2423 Licensing standards and procedures

Licensing standards and procedures established by the Board shall be fair and reasonable and shall be designed and implemented to measure and reasonably ensure an applicant’s qualifications to practice the occupation. They shall not be designed or implemented for the purpose of limiting the size of the occupation.

(Added 1981, No. 67, § 1; amended 1995, No. 111 (Adj. Sess.), § 2.)

§ 2424 Licensure by endorsement

(a) The Board, or Office of Professional Regulation on its behalf, shall, upon application and payment of the required fee, issue a license without a written national examination to a person who:

(1) holds a current license in good standing in another U.S. or Canadian jurisdiction whose licensing standards are substantially equivalent to those of Vermont; and

(2) has met the continuing education requirements.

(b) Notwithstanding the provisions of subsection (a) of this section, the Board may require that an applicant for licensure without examination satisfactorily complete an examination covering State laws and rules related to the practice of veterinary medicine and the State or national veterinary codes of ethics.

(1) has not:

(A) been the subject of any administrative penalties regarding his or her practice of veterinary medicine, including fines, formal reprimands, license suspension, or revocations, except for license revocations for nonpayment of license renewal fees;

(B) been the subject of probationary limitations; or

(C) entered into any “consent agreements” that contain conditions placed by a regulatory board on his or her professional conduct and practice, including any voluntary surrender of a license;

(2) has never had his or her U.S. Drug Enforcement Administration privileges restricted or revoked;

(3) is not currently under investigation by another veterinary licensing authority;

(4) has no physical or mental impairment related to drugs, alcohol, or a finding of mental incompetence by a physician that would limit the applicant’s ability to undertake the practice of veterinary medicine in a manner consistent with the safety of a patient or the public;

(5) has not been convicted of a felony; or

(6) has no criminal conviction record nor pending criminal charge relating to an offense that relates substantially to the practice of veterinary medicine. An applicant who has a criminal conviction record or against whom criminal charges are pending shall arrange for the appropriate authorities to provide information about the record or charge directly to the Board. Information provided under this subdivision shall be sufficiently specific to enable the Board to determine whether the record or charge is substantially related to the practice of veterinary medicine.

(d) An applicant who is not in good standing shall be eligible for licensure under this subsection, if the applicant can demonstrate, to the satisfaction of the Board, that he or she is otherwise qualified for licensure under this section. The Board may place limitations on licenses issued under this subsection or establish conditions of probation prior to the issuance of a license.

(Added 1981, No. 67, § 1; amended 1985, No. 158 (Adj. Sess.), § 2; 1989, No. 250 (Adj. Sess.), § 4(d); 1995, No. 111 (Adj. Sess.), § 3; 1997, No. 40, § 31; 2001, No. 151 (Adj. Sess.), § 25, eff. June 27, 2002; 2007, No. 29, § 35; 2007, No. 163 (Adj. Sess.), § 25.)

§ 2425 Certificate of licensure

(a) The Board shall license as a veterinarian each applicant who proves to the satisfaction of the Board his or her fitness for licensure under the terms of this chapter. It shall issue to each person licensed a certificate of licensure, which shall be prima facie evidence of the right of the person to whom it is issued to practice as a licensed veterinarian or to represent himself or herself as a licensed veterinarian, subject to the conditions and limitations of this chapter.

(b) If a licensee has a principal place of business for the practice of veterinary medicine, a license shall be prominently displayed at that place.

(Added 1981, No. 67, § 1.)

§ 2426 Renewal of license

(a) On a schedule established by the Office of Professional Regulation, a licensed veterinarian shall pay to the Secretary of State a renewal fee in the amount prescribed by section 2414 of this title, and shall receive a license card bearing his or her name, address, registration number, and the date of expiration of the license.

(b) A person shall not be required to pay renewal fees for years during which the license was lapsed.

(c) As a condition of renewal, a licensee shall complete continuing veterinary medical education, approved by the Board by rule, during the preceding two-year period. For purposes of this subsection, the Board may require, by rule, not more than 24 hours of approved continuing veterinary medical education as a condition of renewal.

(Added 1981, No. 67, § 1; amended 1997, No. 145 (Adj. Sess.), § 12; 1999, No. 133 (Adj. Sess.), § 18; 2007, No. 163 (Adj. Sess.), § 26.)

§ 2427 Repealed

[Repealed]

2009, No. 35, § 41(a).

§ 2428 Reinstatement

A license that has lapsed for five years or longer may be reinstated upon successful completion of national board licensing examinations within the previous two years or upon proof that the licensee has actively practiced licensed clinical veterinary medicine for 3,000 hours during the preceding three years in another U.S. or Canadian jurisdiction.

(Added 1981, No. 67, § 1; amended 1999, No. 133 (Adj. Sess.), § 19; 2005, No. 27, § 71; 2007, No. 163 (Adj. Sess.), § 27.)

Subchapter 4 Unprofessional Conduct and Discipline

§ 2431 Unprofessional conduct

(a) Unprofessional conduct is the conduct prohibited by this section, and by 3 V.S.A. § 129a, whether or not taken by a license holder.

(b) Unprofessional conduct means:

(1) failing to make available, upon request of a person using the licensee’s services, copies of documents in the possession or under the control of the licensee, when those documents have been prepared for and purchased by the user of services;

(2) conduct that evidences moral unfitness to practice the occupation;

(3) any of the following except when reasonably undertaken in an emergency situation in order to protect life, health, or property:

(A) practicing or offering to practice beyond the scope permitted by law;

(B) accepting and performing occupational responsibilities that the licensee knows or has reason to know that he or she is not competent to perform;

(c) After hearing, the Board may take disciplinary action against a licensee or applicant found guilty of unprofessional conduct. Discipline against an applicant may be a warning, a reprimand, suspension of a license for a specific period of time, or permanent revocation or denial of license.

(Added 1981, No. 67, § 1; amended 1997, No. 145 (Adj. Sess.), § 46.)

§ 2432 Repealed

[Repealed]

2013, No. 27, § 30.

§ 2433 Veterinarian-client-patient relationship; veterinarian of record

(a) The veterinarian-client-patient relationship (VCPR) exists when all of the following conditions have been met:

(1) The veterinarian has assumed the responsibility for making clinical judgments regarding the health of one or more animals and the need for medical treatment, and the client, who is the owner of the animals or their caretaker, has agreed to follow the veterinarian’s instructions;

(2) The veterinarian has sufficient knowledge of those animals to initiate at least a general or preliminary diagnosis of the medical condition of the animals. This means that the veterinarian has recently seen and is personally acquainted with the keeping and care of the animals by virtue of an examination of the animals or by medically appropriate and timely visits to the premises where the animals are kept; and

(3) The veterinarian is readily available or has arranged for emergency coverage for follow-up evaluation of those animals in the event of adverse reactions or failure of the treatment regimen.

(b) Only a licensed veterinarian with a valid VCPR may:

(1) authorize the dispensing of veterinary prescription drugs;

(2) issue a valid veterinary feed directive;

(3) authorize drug distributors to deliver veterinary prescription drugs to a specific client; or

(4) prescribe, order, or otherwise authorize a pharmacist to dispense veterinary prescription drugs to a specific client.

(c)(1) The veterinarian of record (VOR) is the food animal veterinarian responsible for providing appropriate oversight of drug use on a farm premises for specific animals or group of animals.

(2) If more than one veterinarian or veterinary practice has a working relationship on a farm premises, then the VCPR agreement shall establish which veterinarian has the responsibility for specific animals or animal groups.

(3) A veterinarian who is not the VOR, when providing professional services, is responsible for making provisions for emergency follow-up care and must notify the VOR of his or her findings and recommendations.

(d) Prescriptions from veterinarians are subject to Vermont prescription drug cost containment statutes set forth in 18 V.S.A. chapter 91.

(e) Establishment of a VCPR for the sole purpose of the sale of drugs or increased sales of a particular brand of drug product is not a valid or ethical reason for having a VCPR.

(Added 2017, No. 48, § 17.)

Chapter 45 Land Surveyors

Subchapter 1 General Provisions

§ 2501 Policy and purpose

In order to safeguard property and the public welfare, the practice of land surveying in this State is declared to be subject to regulation in the public interest in accordance with the terms of this chapter.

(Added 1967, No. 364 (Adj. Sess.), § 1, eff. Jan. 1, 1969; amended 1981, No. 79, §§ 1, 2, eff. May 5, 1981; 1985, No. 245 (Adj. Sess.), § 1.)

§ 2502 Definitions

For the purpose of this chapter:

(1) “Board” means the Board of Land Surveyors established under this chapter.

(2) “Disciplinary action” includes any action taken against a licensee for unprofessional conduct.

(3) “Licensed land surveyor” means a person licensed by the Board who is:

(A) a professional specialist in measuring land;

(B) educated in the principles of mathematics, the related physical and applied sciences, and real property law; and

(4) “Practice of land surveying” means providing, or offering to provide, professional services, including record research, reconnaissance, measurements, gathering parol evidence, analysis of evidence, mapping, planning, expert testimony, and consultation related to any of the following:

(A) locating, relocating, establishing, reestablishing, or retracing property lines or boundaries, or demarcating other legal rights or interests in any tract of land, road, right-of-way, or easement;

(B) determining, by the use of principles of surveying, the position for any boundary monument or reference point, or replacing any monument or reference point;

(D) creating, preparing, or modifying graphic documents such as maps, plats, and plans, or electronic data used or referenced in instruments of conveyance of rights in real property, or that define rights in real property, or are used to define such rights;

(E) calculating dimensions and areas, which may be used to define rights in real property.

(5) “Monument” excludes paint marks, ribbons, signs, and any nonpermanent structures supporting ribbons or signs.

(6) “Responsible charge” means direct control and personal supervision.

(7) “Supervision” of an applicant means regular personal review of the applicant’s land surveying work.

(Added 1967, No. 364 (Adj. Sess.), § 2, eff. Jan. 1, 1969; amended 1985, No. 245 (Adj. Sess.), § 1; 2003, No. 60, § 13.)

§ 2503 Prohibition; exceptions

(a) A person who is not licensed by the Board shall not:

(1) use the title “licensed land surveyor” or any substantially equivalent title;

(2) represent himself or herself as licensed by this State or able to perform land surveying; or

(3) practice land surveying or act in responsible charge of another person who practices land surveying.

(b) Subdivision (a)(3) of this section does not prohibit preparation of assessment maps, current use maps for use valuation appraisal, or similar maps, which are clearly not intended to indicate the legally authoritative location or demarcation of property boundaries or extent where legal rights or interests in any tract of land are or may be affected, or licensed or qualified members of other professions or trades from performing duties incidental to those occupations.

(Added 1967, No. 364 (Adj. Sess.), § 3, eff. Jan. 1, 1969; amended 1985, No. 245 (Adj. Sess.), § 1; 2003, No. 60, § 14.)

§ 2504 Penalties and enforcement

A person who violates subsection 2503(a) of this chapter shall be subject to the penalties provided in 3 V.S.A. § 127(c).

(Added 1967, No. 364 (Adj. Sess.), § 21, eff. Jan. 1, 1969; amended 1985, No. 245 (Adj. Sess.), § 1; 2007, No. 29, § 36; 2007, No. 163 (Adj. Sess.), § 28.)

Subchapter 2 Administration

§ 2541 Creation and organization of Board

(a) A State board of land surveyors is created to regulate the licensure of land surveyors. It shall be called “Board of Land Surveyors.”

(b) The Board shall consist of five licensed land surveyors and two members of the public who have no financial interest in the activities regulated under this chapter, other than as consumers or possible consumers of its services. Public members shall have no financial interest personally or through a spouse, parent, child, brother, or sister. “Financial interest” means dealing in goods or services that are uniquely related to activities regulated under this chapter, or investing anything of value in a business licensed under this chapter.

(d) One member shall have been licensed under this chapter after written examination taken within the five years immediately preceding the date of appointment.

(Added 1967, No. 364 (Adj. Sess.), § 4, eff. Jan. 1, 1969; amended 1969, No. 11, eff. Feb. 26, 1969; 1985, No. 245 (Adj. Sess.), § 1; 2005, No. 27, § 72.)

§ 2542 Repealed

[Repealed]

1985, No. 245 (Adj. Sess.), § 1.

§ 2543 Board meetings

(a) The Board shall meet, at least two times each year, at the call of the Chair or upon the request of any other two members.

(b) [Repealed.]

(c) A majority of the members of the Board shall be a quorum for transacting business, and all action shall be taken upon a majority vote of the members present and voting.

(d) The provisions of the Vermont Administrative Procedure Act, 3 V.S.A. chapter 25, relating to contested cases, shall apply to proceedings under this chapter.

(e) Fees for the service of process and attendance before the Board shall be the same as the fees paid sheriffs and witnesses in Superior Court.

(Added 1967, No. 364 (Adj. Sess.), § 6, eff. Jan. 1, 1969; amended 1985, No. 245 (Adj. Sess.), § 1; 2005, No. 27, § 73; 2011, No. 116 (Adj. Sess.), § 30.)

§ 2544 Powers and duties of the Board

(a) The Board shall:

(1) Adopt rules according to the provisions of 3 V.S.A. chapter 25 that are necessary for the performance of its duties.

(2) Adopt an official seal.

(3) Provide general information to applicants for admission to licensure as land surveyors.

(4) Explain appeal procedures to licensees and applicants and complaint procedures to the public.

(5) Adopt rules that establish the activities that must be completed by an applicant in order to fulfill the experience requirements established by this chapter. The rules shall require that the applicant’s experience be under the supervision of a licensed land surveyor who has been licensed for three years or more, and shall not require that the applicant be in charge of the surveying. Such activities shall be designed to ensure that all applicants acquire experience in critical areas of land surveying, but shall not limit admission to licensure unless there is good reason to believe that licensure of a particular applicant would be inconsistent with safeguarding property and the public welfare.

(6) Inform prospective applicants that they may notify the Board if, after reasonable effort, they have been unable to obtain supervision by a licensee for activities prerequisite to licensure. When the Board receives such a notice, it may interview the prospective applicant, and thereafter shall take whatever action it considers appropriate.

(7) If applications for licensure by examination are pending, offer examinations at least twice each year and pass upon the qualifications of applicants.

(8) Use the administrative and legal services provided by the Office of Professional Regulation under 3 V.S.A. chapter 5.

(9) Adopt rules establishing minimum standards of practice. Standards adopted by the Board shall not exceed the minimum required to protect the public and shall be responsive to a demonstrated need to impose such standards. Rules adopted under this section shall relate to land surveying in the following areas:

(A) Researching deeds and other records.

(B) Measurements.

(D) Monumentation.

(E) Survey reports and documents.

(b) The Board may conduct disciplinary proceedings as provided for in 3 V.S.A. chapter 5.

(Added 1967, No. 364 (Adj. Sess.), § 7, eff. Jan. 1, 1969; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; amended 1983, No. 230 (Adj. Sess.), § 17(5); 1985, No. 245 (Adj. Sess.), § 1; 1989, No. 250 (Adj. Sess.), § 4(d); 1991, No. 167 (Adj. Sess.), § 38a; 2005, No. 148 (Adj. Sess.), § 22.)

§ 2545 Repealed

[Repealed]

1997, No. 145 (Adj. Sess.), § 31.

§§ 2546-2549 Repealed

[Repealed]

1985, No. 245 (Adj. Sess.), § 1.

Subchapter 3 Licenses

§ 2591 Applications

Applications for licensure shall be on forms provided by the Board. Each application shall contain a statement under oath showing the applicant’s education, land surveying experience, and other pertinent information and shall be accompanied by the required fee.

(Added 1967, No. 364 (Adj. Sess.), § 13, eff. Jan. 1, 1969; amended 1985, No. 245 (Adj. Sess.), § 1.)

§ 2592 Licensure by examination

(a) Any person shall be eligible for licensure as a land surveyor if the person qualifies under one of the following provisions, as established by the Board by rule:

(1) Bachelor’s degree in land surveying, internship, portfolio, and examination. A person who has graduated with a bachelor’s degree in land surveying from a program accredited by the Accreditation Board for Engineering and Technology (ABET), completed a 24-month internship, successfully completed a portfolio, and successfully completed the examinations required by the Board may be granted a license.

(2) Associate’s degree in land surveying, internship, portfolio, and examination. A person who has graduated with an associate’s degree in land surveying from a program accredited by the ABET, completed a 36-month internship, successfully completed a portfolio, and successfully completed the examinations required by the Board may be granted a license.

(3) Internship, portfolio, and examinations. An applicant who has completed a 72-month internship, successfully completed a portfolio, and passed the examinations required by the Board may be granted a license.

(b) License examinations may consist of a national surveying examination selected by the Board plus a Vermont portion. The Vermont portion shall be limited to those subjects and skills necessary to perform land surveying.

(Added 1967, No. 364 (Adj. Sess.), § 14, eff. Jan. 1, 1969; amended 1969, No. 207 (Adj. Sess.), § 10, eff. March 24, 1970; 1971, No. 250 (Adj. Sess.), § 1; 1985, No. 245 (Adj. Sess.), § 1; 1989, No. 250 (Adj. Sess.), § 4; 1991, No. 167 (Adj. Sess.), § 38; 2009, No. 103 (Adj. Sess.), § 19; 2011, No. 66, § 7, eff. June 1, 2011; 2011, No. 116 (Adj. Sess.), § 31.)

§ 2592a Licensure by endorsement

Upon an applicant’s successful completion of the Vermont portion of the licensing examination, the Board may issue a license to an applicant who is licensed or registered and currently in good standing in a U.S. or Canadian jurisdiction having licensing requirements that are substantially equivalent to the requirements of this chapter. The absence of a portfolio requirement in another jurisdiction shall not prevent the Board from finding substantial equivalence.

(Added 2011, No. 116 (Adj. Sess.), § 32.)

§ 2593 Corporations, limited liability companies, partnerships, associations; individual proprietorships; liability

(a) The right to practice land surveying is a personal right based on the qualities of the individual and evidenced by a nontransferable license.

(b) A corporation, limited liability company, partnership, association, or individual proprietorship may furnish land surveyor services provided a member or employee thereof is a licensed land surveyor and is in responsible charge of such surveys, and provided all land surveys are signed and stamped with the personal seal of the licensed land surveyor in responsible charge.

(c) A corporation, limited liability company, partnership, association, or individual proprietorship with which the land surveyor may practice shall be jointly and severally liable with the land surveyor for work performed.

(Added 1967, No. 364 (Adj. Sess.), § 15, eff. Jan. 1, 1969; amended 1985, No. 245 (Adj. Sess.), § 1; 1997, No. 40, § 13.)

§ 2594 Repealed

[Repealed]

2011, No. 116 (Adj. Sess.), § 33.

§ 2595 Exceptions

(a) The work of an employee or subordinate of a person having a license under this chapter is exempted from the licensing provisions of this chapter if such work is done under the supervision of and is verified by a licensee.

(b) This chapter shall not be construed to apply to or to interfere with federal employees in the performance of their official duties.

(c) This chapter shall not be construed to apply to or to interfere with State employees in the performance of their official duties, provided that the work is being done under the supervision of a licensed land surveyor.

(d) [Repealed.]

(Added 1967, No. 364 (Adj. Sess.), § 17, eff. Jan. 1, 1969; amended 1985, No. 245 (Adj. Sess.), § 1; 2009, No. 35, § 41; 2011, No. 116 (Adj. Sess.), § 34.)

§ 2596 Use of seal; certification

(a) Each licensed land surveyor shall procure a personal seal in a form approved by the Board. The surveyor shall affix the surveyor’s signature and seal together with a certification statement as to the nature of the survey work upon all completed maps, plats, surveys, or other documents before delivery thereof to any client or before any map, plat, survey, or other document is offered for filing at the office of the town clerk or any other proper authority. The certification statement shall clearly set forth what information was used as the basis of the survey and shall indicate that the survey work identified thereon is consistent with this information.

(b) Use of the seal for stamping or sealing documents after the corresponding certificate of licensure has expired or has been suspended or revoked unless the certificate has been renewed or reissued shall be unlawful.

(Added 1967, No. 364 (Adj. Sess.), § 18, eff. Jan. 1, 1969; amended 1985, No. 245 (Adj. Sess.), § 1.)

§ 2597 Fees

Applicants and persons regulated under this chapter shall pay the following fees:

| (1) Application | $290.00 | | --- | --- | | (2) Biennial Renewal | $365.00 |

(Added 1967, No. 364 (Adj. Sess.), § 19, eff. Jan. 1, 1969; amended 1971, No. 250 (Adj. Sess.), § 2; 1985, No. 245 (Adj. Sess.), § 1; 1989, No. 250 (Adj. Sess.), § 58; 1991, No. 167 (Adj. Sess.), § 38b; 1997, No. 59, § 58, eff. June 30, 1997; 1999, No. 49, § 179; 2001, No. 143 (Adj. Sess.), § 28, eff. June 21, 2002; 2005, No. 202 (Adj. Sess.), § 18; 2015, No. 57, § 4; 2023, No. 77, § 26, eff. June 20, 2023.)

§ 2598 Unprofessional conduct

(a) Unprofessional conduct is the conduct prohibited by this section and by 3 V.S.A. § 129a.

(b) Unprofessional conduct includes the following actions by a licensee:

(1) practicing or offering to practice beyond the scope permitted by law;

(2) accepting and performing responsibilities that the licensee knows or has reason to know that he or she is not competent to perform;

(3) making any material misrepresentation with respect to the qualifications of or experience of an applicant or otherwise in the practice of the profession, whether by commission or omission;

(4) [Repealed.]

(5) willfully acting, while serving as a Board member, in any way to contravene the provisions of this chapter and thereby artificially restrict the entry of qualified persons into the profession;

(6) using the licensee’s seal on documents prepared by others not in the licensee’s direct supervision, or using the seal of another.

(Added 1967, No. 364 (Adj. Sess.), § 20, eff. Jan. 1, 1969; amended 1971, No. 250 (Adj. Sess.), § 3; 1985, No. 245 (Adj. Sess.), § 1; 1991, No. 167 (Adj. Sess.), § 38c; 1997, No. 145 (Adj. Sess.), § 47; 2011, No. 66, § 7, eff. June 1, 2011; 2011, No. 116 (Adj. Sess.), § 35.)

§ 2599 Repealed

[Repealed]

2011, No. 116 (Adj. Sess.), § 36.

§ 2600 Repealed

[Repealed]

1989, No. 250 (Adj. Sess.), § 92.

§ 2601 Renewals

(a) Licenses shall be renewed every two years upon payment of the renewal fee following the procedure established by the Office of Professional Regulation.

(b) [Repealed.]

(c) A license that has lapsed for a period of three years or less may be renewed upon application and payment of the renewal fee and the late penalty fee.

(d) As a condition of renewal, the Board shall require that a licensee establish that he or she has completed continuing education, as approved by the Board not to exceed 15 hours for each year of renewal.

(e) The Board may renew the license of an individual whose license has lapsed for more than three years upon payment of the required fee and the late renewal penalty, provided the individual has satisfied all the requirements for renewal established by the Board by rule.

(Added 1993, No. 108 (Adj. Sess.), § 11; amended 2011, No. 116 (Adj. Sess.), § 37.)

§ 2602 Expired. 1997, No. 77 (Adj. Sess.), § 2, as amended by 1999, No. 52, § 42.

Chapter 46 Landscape Architects

Subchapter 1 General Provisions

§ 2611 Definitions

As used in this chapter:

(1) “Director” means the Director of the Office of Professional Regulation.

(2) “Disciplinary action” means any action taken against a licensed landscape architect for unprofessional conduct.

(3) “Landscape architect” means a person who complies with all provisions of this chapter and is licensed by the Director to engage in the practice of landscape architecture.

(4) “License” means an authorization granted by the Director to practice landscape architecture.

(5) “Practice of landscape architecture” means any service where landscape architectural education, training, experience, and the application of mathematical, physical, and social science principles are applied in consultation, evaluation, planning, and design, including the preparation and filing of drawings, plans, specifications, and other contract documents and the administration of contracts relative to projects principally directed at the functional and aesthetic development, use, or preservation of land that directly affects the health, safety, and welfare of the public. These services include the implementation of land development concepts and natural resource management plans through the design or grading of: land forms; on-site, surface, and storm water drainage; soil conservation and erosion control; small water features; pedestrian, bicycle, and local motor vehicular circulation systems; and related construction details.

(Added 2009, No. 84 (Adj. Sess.), § 2.)

§ 2612 Prohibition and enforcement

(a) No person shall:

(1) Practice or attempt to practice landscape architecture or hold himself or herself as being able to do so in this State without first obtaining a valid license as required by this chapter.

(2) Use the title “landscape architect,” “landscape architecture,” or “landscape architectural” in connection with the person’s name without being duly licensed under this chapter.

(b) No person licensed under this chapter shall:

(1) stamp or seal documents with his or her landscape architect seal if his or her license has expired or is revoked or suspended;

(2) practice or attempt to practice landscape architecture during license revocation or suspension;

(3) engage in unprofessional conduct;

(4) violate any provisions of this chapter.

(c) A person who willfully violates any provisions of subsection (a) of this section shall be subject to the penalties provided in 3 V.S.A. § 127(c).

(d) The administrative law officer may bring an action for injunctive relief to enforce the provisions of this chapter.

(Added 2009, No. 84 (Adj. Sess.), § 2.)

§ 2613 Exemptions

(a) This chapter shall not affect or prevent:

(1) the practice of architecture, land surveying, engineering, or other licensed profession by persons not licensed under this chapter;

(2) drafters, clerks, project managers, superintendents, students, and other employees or interns from acting under the instructions, control, or supervision of their employers;

(3) the construction, alteration, or supervision of sites by contractors or superintendents employed by contractors or the preparation of shop drawings in connection with the construction, alteration, or supervision;

(4) owners or contractors from engaging persons who are not landscape architects to observe and supervise site construction of a project;

(5) the preparation of construction documents showing plantings, other horticulture-related elements, or landscape materials unrelated to horticulture;

(6) individuals from making plans, drawings, or specifications for any property owned by them and for their own personal use;

(7) the design of irrigation systems; or

(8) officers or employees of the federal government from working in connection with their employment.

(b) This section shall not be construed to permit a person not licensed as provided in this chapter to use the title landscape architect or any title, sign, card, or device to indicate that the person is a landscape architect.

(c) This chapter shall not be construed to limit or restrict in any manner the right of a practitioner of another profession or occupation from carrying on in the usual manner any of the functions of that profession or occupation as their experience, education, and training allow them to practice, including the professions of landscape design, garden design, planning, forestry, and forestry management.

(Added 2009, No. 84 (Adj. Sess.), § 2; 2019, No. 178 (Adj. Sess.), § 15, eff. Oct. 1, 2020.)

Subchapter 2 Administration

§ 2621 Office of Professional Regulation

(a) The Director shall:

(1) provide general information to applicants for licensure as landscape architects;

(2) explain appeal procedures to licensed landscape architects and applicants, and complaint procedures to the public;

(3) administer fees as established by law;

(4) receive applications for licensure; administer examinations; provide licenses to applicants qualified under this chapter; and renew, revoke, and reinstate licenses as ordered by an administrative law officer; and

(5) refer all disciplinary matters to an administrative law officer.

(b) The Director may adopt rules necessary to perform his or her duties under this section.

(Added 2009, No. 84 (Adj. Sess.), § 2; amended 2013, No. 27, § 31.)

§ 2622 Advisor appointees

(a) The Secretary of State shall appoint two landscape architects for five-year staggered terms to serve at the Secretary’s pleasure as advisors in matters relating to landscape architecture. One of the initial appointments may be for less than a five-year term. An appointee shall have not less than three years’ experience as a landscape architect immediately preceding appointment, shall be licensed as a landscape architect in Vermont or be in the process of applying for licensure, and shall be actively engaged in the practice of landscape architecture in this State during incumbency.

(b) The Director shall seek the advice of the landscape architect advisors in carrying out the provisions of this chapter.

(Added 2009, No. 84 (Adj. Sess.), § 2; amended 2011, No. 66, § 8, eff. June 1, 2011.)

§ 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.)

§ 2624 Qualifications

(a) A person shall be eligible for licensure as a landscape architect if the person qualifies under one of the following provisions:

(1) Comity or endorsement. A person holding a registration or license to engage in the practice of landscape architecture issued on the basis of an examination administered by the Council of Landscape Architectural Registration Boards, by the appropriate regulatory authority of a state, territory, or possession of the United States, the District of Columbia, or another country based on requirements and qualifications shown by the application to be equal to or greater than the requirements of this chapter may be examined on landscape architecture matters peculiar to Vermont and granted a license at the discretion of the Director. The Director shall accept evidence that an applicant holds a valid certificate from the Council of Landscape Architectural Registration Boards as proof of qualification for licensure under this subdivision.

(2) Graduation and examination. An applicant who has graduated, having completed a landscape architecture curriculum approved by the Landscape Architectural Accreditation Board, followed by at least three years of diversified experience in landscape architecture under the supervision of a licensed, registered, or certified landscape architect and who has passed an examination administered by the Council of Landscape Architectural Registration Boards may be granted a license. The Director may accept experience received under the supervision of a licensed or registered architect, professional engineer, or land surveyor for one year of the experience required under this subdivision. All applicants shall have at least two years of experience under the supervision of a licensed, certified, or registered landscape architect.

(3) Experience and examination. An applicant who has completed nine or more years’ diversified experience in landscape architecture under the supervision of a licensed, certified, or registered landscape architect and who has passed an examination administered by the Council of Landscape Architectural Review Boards may be granted a license. Experience received under the supervision of a licensed or registered architect, professional engineer, or land surveyor may be substituted for no more than three years of this requirement. Credits from a landscape architecture program accredited by the Landscape Architectural Accreditation Board may be substituted for up to no more than three years of this requirement.

(b) Upon application for licensure, an applicant qualifying for licensure under subdivision (a)(2) or (3) of this section shall file a report with the Director certifying the practical experience requirements completed. The Director shall certify that, to the best of the Director’s knowledge, the report is correct.

(c) An applicant may submit experience accrued for a period of three years in the practice of landscape architecture, as defined in subdivision 2611(5) of this title, in order to meet the experience requirements set forth in subsection (a) of this section if the experience was obtained in Vermont on or before December 31, 2011. Evidence of experience shall be reviewed and approved by the Director.

(d) An applicant qualifying for licensure under subdivision (a)(2) or (3) of this section shall pass a written examination administered by the Council of Landscape Architectural Boards on technical and professional subjects as may be prescribed by the Council of Landscape Architectural Boards. Applicants may apply for examination before completing the experience requirement as long as the experience requirements will be fulfilled by the examination date. Notification of the results of examinations shall be mailed to each candidate within 30 days of the date the results are received by the Director. A candidate failing to pass the examination may apply for reexamination and may sit for a regularly scheduled examination as many times as the candidate chooses to do so. If an applicant does not pass the entire examination, the applicant shall not be required to retake any section of an examination that the applicant has previously passed. No license shall be granted to an applicant until he or she passes all sections of the exam.

(e) Licensing standards and procedures adopted by the Director by rule shall be fair and reasonable. Those standards and procedures shall be designed and implemented to ensure that all applicants are admitted to practice unless there is a good reason to believe that practice by a particular applicant would be inconsistent with the public health, safety, or welfare. Licensing standards shall not be designed or implemented for the purpose of limiting the number of licensed landscape architects.

(Added 2009, No. 84 (Adj. Sess.), § 2.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 2629 Unprofessional conduct

Unprofessional conduct means the following conduct and the conduct by a licensee or applicant for licensure as set forth in 3 V.S.A. § 129a.

(1) Accepting and performing responsibilities which the licensed landscape architect knows or has reason to know that he or she is not competent to perform, or undertaking to perform professional services in specific technical areas in which the licensed landscape architect is not qualified by education, training, and experience;

(2) Failing to practice with reasonable care and competence and to apply the technical knowledge and skill ordinarily applied by licensed landscape architects practicing in the same locality;

(3) Assisting in the application for licensure of a person known by the licensed landscape architect to be unqualified in respect to education, training, or experience;

(4) Accepting compensation for services from more than one party on a project unless the circumstances are fully disclosed and agreed to by all interested parties;

(5) Failing to disclose fully in writing to a client or employer the nature of any business association or direct or indirect financial interest substantial enough to influence the licensed landscape architect’s judgment in the performance of professional services;

(6) Soliciting or accepting compensation from material or equipment suppliers in return for specifying or endorsing their products;

(7) Failing to disclose compensation for making public statements on landscape architectural questions;

(8) Offering or making a payment or gift to an elected or appointed government official with the intent to influence the official’s judgment in connection with a prospective or existing project in which the licensed landscape architect is interested;

(9) Offering or making a gift of other than nominal value, including reasonable entertainment and hospitality, with the intent to influence the judgment of an existing or prospective client in connection with a project in which the licensed landscape architect is interested;

(10) Knowingly designing a project in violation of applicable State and local laws and regulations;

(11) Making a willful material misrepresentation with respect to the qualifications or experience of an applicant or otherwise in the practice of the profession, whether by commission or omission;

(12) Acting, while serving as an advisor to the Director, in any way to contravene willfully the provisions of this chapter and thereby artificially restricting the entry of qualified persons into the profession;

(13) Using the licensed landscape architect’s seal on drawings prepared by others not in his or her employ, or using the seal of another;

(14) Inaccurately representing to a prospective or existing client or employer the licensed landscape architect’s qualifications and scope of responsibility for work for which he or she claims credit;

(15) Signing or sealing technical submissions unless they were prepared by or under the responsible control of the licensed landscape architect, except that the licensed landscape architect may sign or seal those portions of the technical submissions that were prepared by or under the responsible control of persons who are licensed under this chapter if the licensed landscape architect has reviewed and adopted in whole or in part those portions and has either coordinated their preparation or integrated them into his or her work; and

(16) In each office maintained for preparation of drawings, specifications, reports, or other professional work, failing to have a licensed landscape architect with direct knowledge and supervisory control of such work resident and regularly employed in that office.

(Added 2009, No. 84 (Adj. Sess.), § 2.)

Chapter 47 Opticians

Subchapter 1 General Provisions

§ 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.)

§ 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.)

§ 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.)

§ 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.)

Subchapter 2 Administration

§ 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.)

§ 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.)

§ 2663 Repealed

[Repealed]

2005, No. 148 (Adj. Sess.), § 54.

§ 2664 Repealed

[Repealed]

2005, No. 27, § 117(1).

§ 2665 Repealed

[Repealed]

2019, No. 30, § 17.

§ 2666 Repealed

[Repealed]

2005, No. 27, § 117(1).

Subchapter 3 Licenses

§ 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.)

§ 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.)

§ 2673 Repealed

[Repealed]

2019, No. 30, § 17.

§ 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.)

§ 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.)

§ 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.

(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.)

§ 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.)

§§ 2678, 2679 Repealed

[Repealed]

2005, No. 27, § 117(1).

§ 2680 Repealed

[Repealed]

1997, No. 59, § 65(2), eff. June 30, 1997.

§ 2681 Repealed

[Repealed]

2005, No. 148 (Adj. Sess.), § 54.

Chapter 49 Radio and Television Technicians

Subchapter 1 General Provisions

§§ 2701-2703 Repealed

[Repealed]

1979, No. 134 (Adj. Sess.), § 1, eff. April 22, 1980.

Subchapter 2 Licensing Board

§§ 2711-2713 Repealed

[Repealed]

1979, No. 134 (Adj. Sess.), § 1, eff. April 22, 1980.

Subchapter 3 Licenses

§§ 2721-2730 Repealed

[Repealed]

1979, No. 134 (Adj. Sess.), § 1, eff. April 22, 1980.

Chapter 51 Radiology

Subchapter 1 General Provisions

§ 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

(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, and includes holders of limited temporary licenses to practice medicine.

(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

(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, No. 158 (Adj. Sess.), § 11, eff. June 6, 2024.)

§ 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.)

§ 2803 Exemptions

The prohibitions in section 2802 of this chapter shall not apply to dentists licensed under chapter 12 of this title and actions within their scope of practice nor to:

(1) Licensed practitioners acting within the scope of practice for their licensed field, including holders of limited temporary licenses to practice medicine as authorized by the Board of Medical Practice, provided that their practice acts and rules adopted thereunder have been expressly found by the Director, in consultation with advisors appointed under this chapter, to match or surpass the training in radiation safety and proper radiation practices required by this chapter and rules adopted under this chapter.

(2) Students of medicine, dentistry, podiatry, naturopathic medicine, or chiropractic when participating in a program approved or recognized by the Board of Medical Practice, Board of Dental Examiners, or Board of Chiropractic, as appropriate, and when under the general supervision of an instructor who is a licensed practitioner and when acting within the scope of practice for that licensed practitioner’s field.

(3) Students in an approved school of radiologic technology under the general supervision of a licensed practitioner or licensed radiologic technologist.

(4) Any person acting as an employee of the United States.

(5) Any of the following when operating dental radiographic equipment to conduct intraoral radiographic examinations under the general supervision of a licensed practitioner; and any of the following when operating dental radiographic equipment to conduct specialized radiographic examinations, including tomographic, cephalometric, or temporomandibular joint examinations, if the person has completed a course in radiography approved by the Board of Dental Examiners and practices under the general supervision of a licensed practitioner:

(A) a licensed dental therapist;

(B) a licensed dental hygienist;

(C) a registered dental assistant who has completed a course in radiography approved by the Board of Dental Examiners; or

(D) a student of dental therapy, dental hygiene, or dental assisting as part of the training program when under the direct supervision of a licensed dentist, licensed dental therapist, licensed dental hygienist, or registered dental assistant.

(6) Licensees certified in one of the three primary modalities set forth in section 2821a of this chapter preparing for postprimary certification in accordance with ARRT or NMTCB under the general supervision of a licensee already certified in the specific postprimary modality at issue.

(7) Researchers operating bone densitometry equipment for body composition upon successful completion of courses on body composition and radiation safety approved by the Director. The Director shall not require this coursework to exceed eight hours. The Director may consider other exemptions from licensure for bona fide research projects subject to course and examination requirements as deemed necessary for public protection.

(Added 1983, No. 230 (Adj. Sess.), § 1; amended 1991, No. 167 (Adj. Sess.), § 42; 1999, No. 52, § 17; 2011, No. 116 (Adj. Sess.), § 40; 2015, No. 38, § 27, eff. May 28, 2015; 2017, No. 144 (Adj. Sess.), § 23; 2019, No. 30, § 18; 2023, No. 158 (Adj. Sess.), § 12, eff. June 6, 2024.)

§ 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.)

§ 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.)

Subchapter 2 Administration

§ 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.

(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.)

§ 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.

(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.)

§ 2813 Repealed

[Repealed]

2019, No. 30, § 18.

§ 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.)

Subchapter 3 Licensing

§ 2821 Repealed

[Repealed]

2011, No. 116 (Adj. Sess.), § 45.

§ 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.)

§ 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.)

§§ 2822, 2823 Repealed

[Repealed]

2019, No. 30, § 18.

§ 2824 Repealed

[Repealed]

1999, No. 52, § 46.

§ 2825 Repealed

[Repealed]

2011, No. 116 (Adj. Sess.), § 50.

§ 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.)

Subchapter 4 Discipline

§§ 2831, 2832 Repealed

[Repealed]

2019, No. 30, § 18.

§ 2833 Repealed

[Repealed]

1989, No. 250 (Adj. Sess.), § 92.

Chapter 52 Radiologist Assistants

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 2858 Unprofessional conduct

(a) The following conduct and the conduct described in section 1354 of this title by a certified radiologist assistant constitutes unprofessional conduct. When that conduct is by an applicant or person who later becomes an applicant, it may constitute grounds for denial of certification:

(1) fraud or misrepresentation in applying for or procuring a certificate or in connection with applying for or procuring a periodic recertification as a radiologist assistant;

(2) occupational advertising that is intended or has a tendency to deceive the public;

(3) exercising undue influence on or taking improper advantage of a person using the radiologist assistant’s services or promoting the sale of professional goods or services in a manner that exploits a person for the financial gain of the radiologist assistant or of a third party;

(4) failing to comply with provisions of federal or state law governing the profession;

(5) conviction of a crime related to the profession or conviction of a felony, whether or not related to the practice of the profession or failure to report to the Board of Medical Practice a conviction of any crime related to the practice of the profession or any felony in any court within 30 days of the conviction;

(6) conduct that evidences unfitness to practice in the profession;

(8) practicing the profession when mentally or physically unfit to do so;

(A) performance of unsafe or unacceptable patient care; or

(B) failure to conform to the essential standards of acceptable and prevailing practice;

(10) accepting and performing responsibilities that the person knows or has reason to know that he or she is not competent to perform;

(11) making any material misrepresentation in the practice of the profession, whether by commission or omission;

(12) holding one’s self out as or permitting one’s self to be represented as a licensed physician;

(13) performing otherwise than at the direction and under the supervision of a radiologist licensed by the Board;

(14) accepting the delegation of or performing or offering to perform a task or tasks beyond the person’s scope of practice as defined by the Board;

(15) administering, dispensing, or prescribing any controlled substance other than as authorized by law;

(16) failing to comply with an order of the Board or violating any term or condition of a certification restricted by the Board;

(17) delegating professional responsibilities to a person whom the certified professional knows or has reason to know is not qualified by training, experience, education, or licensing credentials to perform;

(18) in the course of practice, gross failure to use and exercise on a particular occasion or the failure to use and exercise on repeated occasions that degree of care, skill, and proficiency that is commonly exercised by the ordinary skillful, careful, and prudent professional engaged in similar practice under the same or similar conditions, whether or not actual injury to a patient has occurred;

(19) habitual or excessive use or abuse of drugs, alcohol, or other substances that impair the radiologist assistant’s ability to provide medical services; or

(20) revocation of certification to practice as a radiologist assistant in another jurisdiction on one or more of the grounds specified in subdivisions (1)-(19) of this subsection.

(b) A person aggrieved by a final order of the Board may, within 30 days of the order, appeal that order to the Vermont Supreme Court on the basis of the record created before the Board.

(Added 2009, No. 103 (Adj. Sess.), § 19a, eff. May 12, 2010; amended 2011, No. 61, § 5, eff. June 2, 2011.)

§ 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.)

§ 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.)

§ 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.)

§ 2862 Fees

Applicants and persons regulated under this chapter shall pay the following fees:

| (i) Original application for certification | $120.00; | | --- | --- | | (ii) Each additional application | $55.00; |

| 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.)

§ 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.)

§ 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.)

Chapter 53 Polygraph Examiners

§ 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.)

§ 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.)

§ 2903 Unauthorized practice

A person may not administer polygraph or other examinations utilizing instrumentation for the purpose of detecting deception or verifying the truth of statements or attempt to hold himself or herself out as a polygraph examiner or refer to himself or herself by any other title that would indicate or that is intended to indicate or calculated to mislead members of the public into believing that he or she is qualified to apply instrumentation to detect deception or to verify the truth of statements without being licensed as a polygraph examiner as provided in this chapter.

(Added 1975, No. 110.)

§ 2904 Qualifications for license

A person may be licensed as a polygraph examiner or an intern if he or she:

(1) establishes that he or she is a person of honesty, truthfulness, integrity, and moral fitness;

(2) has not been convicted of a felony or a misdemeanor involving moral turpitude;

(3) except in the case of an intern, is a graduate of a polygraph examiners course approved by the Commissioner; and

(4) has satisfactorily completed not less than six months of internship training or has completed such other training as the Commissioner may prescribe.

(Added 1975, No. 110.)

§ 2905 Application for license or internship license

An application for a polygraph operator’s license or an internship license shall be made to the Commissioner in writing under oath on forms prescribed by him or her and shall be accompanied by the required nonrefundable fee.

(Added 1975, No. 110.)

§ 2906 Examination and license fees

(a) The Commissioner shall adopt rules for the examination and licensing of all applicants under this chapter and may adopt such other rules as are required to carry out the intent or purposes of this chapter.

(b)(1) Fees are established for the issuance of examiner’s licenses, internship licenses, and duplicates and renewals thereof.

| (A) Examiner’s license fee: | $15.00 | | --- | --- | | (B) Internship fee: | $10.00 | | (C) Renewal of examiner’s license: | $15.00 | | (D) Any duplicate license: | $2.00 |

(2) Fees collected under this subsection shall be credited to a special fund and shall be available to the Department of Public Safety to offset the cost of providing the service.

(Added 1975, No. 110; amended 1999, No. 49, § 166.)

§ 2907 Termination and renewal of license

Each polygraph examiner’s license shall be issued for the term of one year and shall, upon application, unless suspended or revoked, be renewed annually. An internship license may be issued for a period not to exceed 12 months and may not be renewed. A polygraph examiner whose license has expired may at any time within two years after the expiration thereof obtain a renewal license without examination by applying therefor and satisfying the provisions of section 2904 of this title.

(Added 1975, No. 110.)

§ 2908 Refusal, suspension, revocation

The Commissioner may, pursuant to 3 V.S.A. chapter 25, refuse to issue or may suspend or revoke a license on any one or more of the following grounds:

(1) failure to inform a subject to be examined as to the nature of the examination;

(2) failure to inform a subject to be examined that his or her participation in the examination is voluntary;

(3) making a material misstatement in the application for original license or in the application for any renewal license;

(4) willful disregard or violation of this chapter or of any regulation or rule issued hereunder, including willfully making a false report concerning an examination for polygraph examination purposes;

(5) conviction of a felony or misdemeanor involving moral turpitude;

(6) making any willful misrepresentation or false promises or causing to be printed any false or misleading advertisement for the purpose of directly or indirectly obtaining business;

(7) having demonstrated unworthiness or incompetency to act as a polygraph examiner as defined by this chapter;

(8) allowing one’s license under this chapter to be used by any unlicensed person in violation of the provisions of this chapter;

(9) willfully aiding or abetting another in the violation of this chapter or any regulation or rule issued pursuant thereto;

(10) being adjudged as mentally incompetent by any court of this or any other state;

(11) failing, within a reasonable time, to provide information requested by the Commissioner of Public Safety as the result of a formal complaint to him or her that would indicate a violation of this chapter; or

(12) failing to inform the subject of the results of the examination if so requested.

(Added 1975, No. 110.)

§ 2909 Penalty

Any person who violates a provision of this chapter or any rule adopted under this chapter shall be fined not more than $1,000.00 or imprisoned for not more than six months, or both.

(Added 1975, No. 110.)

§ 2910 Effect

Nothing in this chapter shall be construed as altering, overruling, amending, or repealing any statute, regulation, rule of court, or judicial decision with respect to the admissibility or use of the results of polygraph examinations as evidence in a court of law or administrative proceeding.

(Added 1975, No. 110.)

Chapter 55 Psychologists

Subchapter 1 General Provisions

§ 3001 Definitions

As used in this chapter:

(1) “Practice of psychology” means rendering or offering to render to individuals, groups, or organizations, for a consideration, any service involving the application of principles, methods, and procedures of understanding, predicting, and influencing behavior that are primarily drawn from the science of psychology. The science of psychology includes assessment, diagnosis, prevention, and amelioration of adjustment problems and emotional and mental disorders of individuals and groups.

(2) “Psychologist” or “practicing psychologist” means a person who is licensed to practice psychology under this chapter.

(3) “Psychologist-doctorate” means a person who is so licensed under this chapter.

(4) “Psychologist-master” means a person who is so licensed under this chapter.

(5) “Board” means the Board of Psychological Examiners established under this chapter.

(6) “Disciplinary action” or “disciplinary cases” includes any action taken by a board against a licensee, applicant, or person engaged in supervised practice toward licensure as a psychologist, premised upon a finding of wrongdoing or unprofessional conduct by that individual. It includes all sanctions authorized under this chapter, but excluding obtaining injunctions.

(7) “Unprofessional conduct” means conduct prohibited by section 3016 of this title or by other statutes relating to the practice of psychology, whether or not taken by a license holder.

(8) “Financial interest” means being:

(A) a psychologist;

(B) a person who deals in goods and services that are uniquely related to the practice of psychology; or

(9) “Institution of higher education” means a university, professional school, or other institution of higher learning that:

(A) in the United States, is regionally accredited by bodies approved by the Council on Postsecondary Accreditation of the U.S. Department of Education;

(B) in Canada, holds a membership in the Association of Universities and Colleges of Canada; or

(10) “Professional psychology training program” means a postgraduate training program that:

(A) is a planned program of study, defined by the Board by rule, that reflects an integration of the science and practice of psychology and emphasizes assessment, intervention, psychopathology, statistical methods, and professional ethics, including practice and internship; or

(B) is designated as a doctoral program in psychology by the Association of State and Provincial Psychology Boards and the National Register of Health Service Providers in Psychology, or is accredited by the American Psychological Association or the Canadian Psychological Association; or

(C) is a master’s program in psychology that is offered by an educational institution that is a full member of the Council of Applied Master’s Programs in Psychology (CAMPP).

(11) “Psychotherapy” means the provision of treatment, diagnosis, evaluation, or counseling services to individuals or groups, for a consideration, for the purpose of alleviating mental disorders. “Psychotherapy” involves the application of therapeutic techniques to understand unconscious or conscious motivation, resolve emotional, relationship, or attitudinal conflicts, or modify behavior that interferes with effective emotional, social, or mental functioning. “Psychotherapy” follows a systematic procedure of psychotherapeutic intervention that takes place on a regular basis over a period of time, or, in the case of evaluation and brief psychotherapies, in a single or limited number of interventions. If a person is employed by or under contract with the Agency of Human Services, this definition does not apply to persons with less than a master’s degree; to persons providing life skills training or instruction, such as learning to make friends, to handle social situations, to do laundry, and to develop community awareness; or to interactions of employees or contracted individuals with clients whose job description or contract specifications do not specifically mention “psychotherapy” as a job responsibility or duty.

(12) [Repealed.]

(Added 1975, No. 228 (Adj. Sess.), § 2; amended 1981, No. 241 (Adj. Sess.), § 1; 1993, No. 98, § 1; 1993, No. 222 (Adj. Sess.), §§ 1, 1a; 1997, No. 145 (Adj. Sess.), § 13; 1999, No. 52, § 23; 1999, No. 133 (Adj. Sess.), § 21; 2009, No. 35, § 38; 2009, No. 103 (Adj. Sess.), § 20, eff. May 12, 2010; 2013, No. 138 (Adj. Sess.), § 21; 2015, No. 38, § 29, eff. May 28, 2015; 2015, No. 97 (Adj. Sess.), § 61.)

§ 3002 Prohibitions

(a) A person who is not licensed under this chapter shall not engage in the practice of psychology.

(b) A person who is not licensed under this chapter shall not use the title “psychologist” or any title that contains that word.

(Added 1975, No. 228 (Adj. Sess.), § 2; amended 1981, No. 241 (Adj. Sess.), § 1; 1993, No. 98, § 2.)

§ 3003 Penalties

A person who violates section 3002 of this title shall be subject to the penalties provided in 3 V.S.A. § 127(c).

(Added 1975, No. 228 (Adj. Sess.), § 2; amended 1981, No. 241 (Adj. Sess.), § 1; 2005, No. 27, § 83; 2007, No. 29, § 39.)

§ 3004 Exceptions

This chapter shall not apply to a person engaged or acting:

(1) In the discharge of his or her duties as a student of psychology.

(2) In the discharge of his or her duties as a psychologist in an accredited academic institution.

(3) In the discharge of his or her duties in a business, corporation, or research laboratory, provided that he or she is performing those duties for which he or she is employed within the confines of the corporation or organization, and provided that the corporation or organization does not sell psychological services to the public for a fee.

(4) In clinical training for licensure as a clinical social worker or clinical mental health counselor or for certification as a marriage and family therapist or a psychoanalyst provided that the person’s title indicates his or her training status and that the person does not identify himself or herself as a psychologist.

(Added 1975, No. 228 (Adj. Sess.), § 2; amended 1981, No. 241 (Adj. Sess.), § 1; 1993, No. 222 (Adj. Sess.), § 1b; 1995, No. 126 (Adj. Sess.), § 11; 1997, No. 145 (Adj. Sess.), § 14; 1999, No. 52, § 24; 2007, No. 163 (Adj. Sess.), § 30; 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2009, No. 103 (Adj. Sess.), § 21.)

§ 3005 Exemptions

(a) The provisions of this chapter shall not apply to persons while engaged in the course of their customary duties as clergy, licensed physicians, nurses, osteopaths, optometrists, dentists, lawyers, social workers, mental health counselors, certified marriage and family therapists and psychoanalysts, rostered psychotherapists, or licensed educators when performing their duties consistent with the accepted standards of their respective professions; provided, however, that they do not describe themselves to the public by any other title or description stating or implying that they are psychologists or are licensed to practice psychology.

(b) The provisions of this chapter shall not apply to persons while engaged in the course of their customary duties:

(1) in the practice of a religious ministry;

(2) in employment or rehabilitation counseling;

(3) as an employee of or under contract with the Agency of Human Services, provided that the person does not practice psychotherapy as defined in section 3001 of this title;

(4) as a mediator;

(5) in an official evaluation for court purposes;

(6) as a member of a self-help group such as Alcoholics Anonymous, peer counseling, or domestic violence groups, whether or not the person is serving for a consideration;

(7) as a respite caregiver, foster care worker, or hospice worker.

(c) Notwithstanding the provisions of subsections (a) and (b) of this section, the provisions of this chapter shall apply to any person licensed by the Board of Psychological Examiners.

(Added 1975, No. 228 (Adj. Sess.), § 2; amended 1981, No. 241 (Adj. Sess.), § 1; 1987, No. 245 (Adj. Sess.), § 4; 1993, No. 98, § 3; 1993, No. 222 (Adj. Sess.), § 2; 1995, No. 126 (Adj. Sess.), § 4; 1997, No. 145 (Adj. Sess.), § 15.)

§ 3006 Board; establishment

The Board of Psychological Examiners is established, which shall consist of five members. The Board shall be composed of three licensed psychologists and two other persons who are consumers but neither of whom are psychologists. Consumer members shall have no financial interest in the practice of psychology, either personally or through a spouse, parent, child, brother, or sister. At least one but not more than two of the psychologists shall represent the practice of psychology within the Agency of Human Services or a community mental health center. All members of the Board shall have been residents of the State of Vermont for at least two years prior to their appointment to the Board. When a person who is an employee of or under contract with a community mental health center is subject to disciplinary action and the Agency of Human Services member or the community mental health center member has a conflict of interest, the Secretary of State shall appoint a psychologist who is an employee of another community mental health center to serve as an ad hoc member of the Board.

(Added 1975, No. 228 (Adj. Sess.), § 2; amended 1981, No. 241 (Adj. Sess.), § 1; 1995, No. 126 (Adj. Sess.), § 3; 2005, No. 27, § 84.)

§ 3007 Board members; appointments

Board members shall be appointed by the Governor pursuant to 3 V.S.A. §§ 129b and 2004.

(Added 1975, No. 228 (Adj. Sess.), § 2; amended 1981, No. 241 (Adj. Sess.), § 1; 1993, No. 98, § 4; 2005, No. 27, § 85.)

§ 3008 Repealed

[Repealed]

2005, No. 27, § 117(1).

§ 3009 Organization of Board

The Board shall hold at least two regular meetings each year; but additional meetings may be held upon call of the Chair or at written request of any two members of the Board. A majority of the members of the Board shall constitute a quorum for transacting business and all action shall be taken upon a majority vote of the members present and voting.

(Added 1975, No. 228 (Adj. Sess.), § 2; amended 1981, No. 241 (Adj. Sess.), § 1; 2005, No. 27, § 86.)

§ 3009a Powers and duties of Board

(a) The Board shall adopt rules necessary to perform its duties under this chapter, including rules that:

(1) specify educational and other prerequisites for obtaining licensure;

(2) explain complaint and appeal procedures to licensees, applicants, and the public;

(3) explain continuing education requirements; and

(4) explain how the Board shall investigate suspected unprofessional conduct.

(b) The Board may:

(1) establish or approve continuing education programs;

(2) conduct hearings;

(3) receive assistance from the Director of the Office of Professional Regulation and from the Attorney General or an attorney assigned by the Office of Professional Regulation.

(Added 1981, No. 241 (Adj. Sess.), § 1; amended 1989, No. 250 (Adj. Sess.), § 4(d); 1993, No. 222 (Adj. Sess.), § 2a; 1997, No. 145 (Adj. Sess.), § 31; 2005, No. 27, § 87.)

§ 3009b Repealed

[Repealed]

2005, No. 27, § 117(1).

§ 3010 Fees; licenses

Applicants and persons regulated under this chapter shall pay the following fees:

(1) Application for license $240.00

(2) Biennial renewal of license $195.00

(3) [Repealed.]

(4) [Repealed.]

(Added 1975, No. 228 (Adj. Sess.), § 2; amended 1981, No. 241 (Adj. Sess.), § 1; 1989, No. 250 (Adj. Sess.), § 66; 1991, No. 167 (Adj. Sess.), § 50; 1997, No. 59, § 61, eff. June 30, 1997; 2007, No. 76, § 7; 2009, No. 103 (Adj. Sess.), § 22; 2011, No. 33, § 4; 2013, No. 191 (Adj. Sess.), § 18a; 2023, No. 77, § 31, eff. June 20, 2023.)

§ 3011 Repealed

[Repealed]

1997, No. 40, § 33.

§ 3011a Applications

(a) Any person desiring to obtain a license as a psychologist shall make application therefor to the Board upon such form and in such manner as the Board prescribes and shall furnish evidence satisfactory to the Board that he or she:

(1) is at least 18 years of age;

(2)(A) possesses a doctoral degree in psychology and has completed 4,000 hours of supervised practice as defined by the Board by rule, of which no fewer than 2,000 hours were completed after the doctoral degree in psychology was received; or

(B) possesses a master’s degree in psychology and has completed 4,000 hours of supervised practice as defined by the Board by rule of which no fewer than 2,000 hours were completed after the master’s degree in psychology was received; and

(3) has successfully completed the examinations designated by the Board.

(b) A person engaged in supervised practice in Vermont, if not licensed as a clinical mental health counselor, marriage and family therapist, licensed independent clinical social worker, or licensed master’s social worker shall be registered on the roster of psychotherapists who are nonlicensed and noncertified.

(c) In exceptional cases, the Board may waive any requirement of this section if in its judgment the applicant demonstrates appropriate qualifications.

(Added 1997, No. 40, § 34; amended 2011, No. 116 (Adj. Sess.), § 52; 2013, No. 138 (Adj. Sess.), § 23.)

§ 3012 Repealed

[Repealed]

1993, No. 222 (Adj. Sess.), § 2c.

§ 3013 Conduct of examinations

(a) The Board shall conduct examinations under this chapter at least twice a year at a time and place designated by it; provided, however, that examinations need not be conducted at times when there are no applicants requesting to be examined. Examinations may be written, computer-administered, computer-adapted, or oral as determined by the Board. In any written examination, each applicant shall be designated by a number so that his or her name is not disclosed to the Board until the examinations have been graded. Examinations shall include questions in such theoretical and applied fields as the Board deems most suitable to test an applicant’s knowledge and competence to engage in the practice of psychology. An applicant shall be held to have passed an examination upon the affirmative vote of at least four members of the Board.

(b) Examinations administered by the Board and its procedures of administration shall be fair and reasonable and shall be designed and implemented to ensure that all applicants are admitted to practice if they demonstrate that they possess the minimal occupational qualifications that are consistent with the public health, safety, and welfare. They shall not be designed or implemented for the purpose of limiting the number of licensees.

(Added 1975, No. 228 (Adj. Sess.), § 2; amended 1981, No. 241 (Adj. Sess.), § 1; 1999, No. 133 (Adj. Sess.), § 22.)

§ 3014 Licensure by endorsement

(a) The Board may at any time issue a license, upon payment of the required fee, if the applicant presents evidence that he or she:

(1) is licensed or certified to practice psychology in another jurisdiction in which the requirements for such licensing or certification are, in the judgment of the Board, substantially equivalent to those required by this chapter and the rules of the Board;

(2) is a diplomat in good standing of the American Board of Professional Psychology;

(3) holds evidence of professional qualification from an individual certification program acceptable to the Board; and

(4) has taken and passed an examination on the Vermont laws and rules governing the practice of psychology.

(b) The Board may at any time issue a license, upon payment of the required fee, to an applicant who is licensed as a psychologist at the doctoral level in another jurisdiction of the United States or Canada in which the requirements for licensure are not, in the judgment of the Board, substantially equivalent to those required by this chapter and the rules of the Board if the applicant:

(1) Is in good standing with no pending charges as verified to the Board by the licensing authorities of all jurisdictions in which the applicant has held a license;

(2) Has practiced as a licensed psychologist at the doctoral level for an average of at least 1,000 hours per year for a minimum of seven years. The seven years’ licensed practice experience need not immediately precede the application so long as the applicant has remained licensed for five years preceding the application; and

(3) Has had no disciplinary history resulting in a finding of unprofessional conduct in any jurisdiction.

(Added 1975, No. 228 (Adj. Sess.), § 2; amended 1981, No. 241 (Adj. Sess.), § 1; 1999, No. 52, § 25; 2005, No. 27, § 88; 2013, No. 27, § 33.)

§ 3015 Renewals

(a) Licenses shall be renewed every two years upon payment of the required fee.

(b) Two months prior to the expiration of the license, the Director of the Office of Professional Regulation shall forward to the holder a form or application of renewal. Upon the receipt of the completed form and the renewal fee, the Director shall issue a new license.

(c) Any application for renewal of a license that has expired shall in addition require the payment of a reinstatement fee. A person reinstating shall not be required to pay renewal fees for the years during which the license was lapsed.

(d) Continuing education units.

(1) As a condition of renewal, the Board shall require that licensees establish that they have satisfied continuing education requirements established by Board rule and this subsection.

(2) Continuing education requirements shall include requiring one or more continuing education units in the area of systematic oppression and anti-oppressive practice, or in related topic areas, consistent with the report recommendations from the Health Equity Advisory Commission required pursuant to 2021 Acts and Resolves No. 33, Sec. 5 for improving cultural competency, cultural humility, and antiracism in Vermont’s health care system.

(3) Synchronous virtual continuing education credits shall be approvable and accepted as live in-person training.

(4) Upon application, the Board may exempt from continuing education requirements a licensee on active duty in the U.S. Armed Forces if obtaining continuing education credits would be impossible in practice or a significant hardship for the licensee.

(5) If the licensee is licensed in one or more other mental health professions under this title, continuing education units completed for one mental health profession shall count toward the required continuing education units for the other mental health profession or professions for which the licensee is licensed under this title.

(Added 1975, No. 228 (Adj. Sess.), § 2; amended 1981, No. 241 (Adj. Sess.), § 1; 1993, No. 98, § 6; 1999, No. 133 (Adj. Sess.), § 23; 2007, No. 163 (Adj. Sess.), § 31; 2021, No. 117 (Adj. Sess.), § 1, eff. July 1, 2023.)

§ 3016 Unprofessional conduct

Unprofessional conduct means the conduct listed in this section and in 3 V.S.A. § 129a:

(1) Failing to make available, upon written request of a person using psychological services to succeeding health care professionals or institutions, copies of that person’s records in the possession or under the control of the licensee.

(2) Failing to use a complete title in professional activity.

(3) Conduct that evidences moral unfitness to practice psychology.

(4) Engaging in any sexual conduct with a client, or with the immediate family member of a client, with whom the licensee has had a professional relationship within the previous two years.

(5) Harassing, intimidating, or abusing a client or patient.

(6) Entering into an additional relationship with a client, supervisee, research participant, or student that might impair the psychologist’s objectivity or otherwise interfere with the psychologist’s professional obligations.

(7) Practicing outside or beyond a psychologist’s area of training or competence without appropriate supervision.

(8) In the course of practice, failure to use and exercise that degree of care, skill, and proficiency that is commonly exercised by the ordinary skillful, careful, and prudent psychologist engaged in similar practice under the same or similar conditions, whether or not actual injury to a client or patient has occurred.

(9) Conduct that violates the “Ethical Principles of Psychologists and Code of Conduct” of the American Psychological Association, effective December 1, 1992, or its successor principles and code.

(10) Conduct that violates the “ASPPB Code of Conduct-1990” of the Association of State and Provincial Psychology Boards, or its successor code.

(11) Use of conversion therapy as defined in 18 V.S.A. § 8351 on a client younger than 18 years of age.

(Added 1975, No. 228 (Adj. Sess.), § 2; amended 1981, No. 241 (Adj. Sess.), § 1; 1993, No. 98, § 7; 1993, No. 222 (Adj. Sess.), § 3; 1997, No. 145 (Adj. Sess.), § 50; 1999, No. 52, § 26; 1999, No. 133 (Adj. Sess.), § 24; 2013, No. 27, § 34; 2015, No. 138 (Adj. Sess.), § 5.)

§ 3016a Disciplinary action

(a) After giving opportunity for hearing, the Board may take disciplinary action against a licensee or applicant found guilty of unprofessional conduct.

(b) In connection with any disciplinary action, the Board may:

(1) refuse to accept the return of a license tendered by the subject of a disciplinary investigation;

(2) refuse to license a person who has been found guilty or who is under investigation in another jurisdiction for an offense that would constitute unprofessional conduct in this State;

(3) issue warnings to a licensee;

(4) suspend, revoke, or reinstate licenses;

(5) notify relevant State, federal, and local agencies and appropriate bodies in other states of the status of any pending or completed disciplinary case against an applicant or licensee, provided that the Board has taken disciplinary action against that person or the Board had made a finding after opportunity for hearing that there is probable cause to believe that disciplinary action is warranted; and

(6) require restitution of fees received from a complainant.

(c) The Board shall investigate all complaints and charges of unprofessional conduct against any licensee. The Board shall not discontinue a pending investigation or disciplinary case by reason of the absence of the applicant or licensee from the State.

(Added 1981, No. 241 (Adj. Sess.), § 1.)

§ 3017 Disclosure of information

The Board shall adopt rules requiring licensed psychologists to disclose to each client the psychologist’s professional qualifications and experience, those actions that constitute unprofessional conduct, the method for filing a complaint or making a consumer inquiry, and provisions relating to the manner in which the information shall be displayed and signed by both the psychologist and the client. The rules may include provisions for applying or modifying these requirements in cases involving institutionalized clients, minors, and adults under the supervision of a guardian.

(Added 1993, No. 222 (Adj. Sess.), § 4.)

§ 3018 Telepractice

Licensees who provide services regulated under this chapter by means of the Internet or any other electronic means are deemed to provide such services in this State, and are subject to the jurisdiction of the Board. The Board may take disciplinary or other action against such licensees. Action taken by the Board does not preclude any other jurisdiction from also taking disciplinary or other action against such licensees.

(Added 1999, No. 133 (Adj. Sess.), § 25.)

Subchapter 2 Psychology Interjurisdictional Compact

§ 3021 Psychology Interjurisdictional Compact; adoption

Vermont hereby enacts and adopts the Psychology Interjurisdictional Compact. The form, format, and text of the Compact have been conformed to the conventions of the Vermont Statutes Annotated. It is the intent of the General Assembly that this subchapter be interpreted as substantively the same as the Psychology Interjurisdictional Compact that is enacted by other Compact party states.

(Added 2023, No. 37, § 1, eff. July 1, 2024.)

§ 3022 Purpose

(a) Whereas, states license psychologists, in order to protect the public through verification of education, training, and experience and ensure accountability for professional practice;

(b) Whereas, this Compact is intended to regulate the day to day practice of telepsychology, which is the provision of psychological services using telecommunication technologies, by psychologists across state boundaries in the performance of their psychological practice as assigned by an appropriate authority;

(c) Whereas, this Compact is intended to regulate the temporary in-person, face-to-face practice of psychology by psychologists across state boundaries for 30 days within a calendar year in the performance of their psychological practice as assigned by an appropriate authority;

(d) Whereas, this Compact is intended to authorize state psychology regulatory authorities to afford legal recognition, in a manner consistent with the terms of the Compact, to psychologists licensed in another state;

(e) Whereas, this Compact recognizes that states have a vested interest in protecting the public’s health and safety through their licensing and regulation of psychologists and that such state regulation will best protect public health and safety;

(f) Whereas, this Compact does not apply when a psychologist is licensed in both the Home and Receiving States;

(g) Whereas, this Compact does not apply to permanent in-person, face-to-face practice, it does allow for authorization of temporary psychological practice; and

(h) Consistent with these principles, this Compact is designed to achieve the following purposes and objectives:

(1) increase public access to professional psychological services by allowing for telepsychological practice across state lines as well as temporary in-person, face-to-face services into a state in which the psychologist is not licensed to practice psychology;

(2) enhance the states’ ability to protect the public’s health and safety, especially client and patient safety;

(3) encourage the cooperation of Compact states in the areas of psychology licensure and regulation;

(4) facilitate the exchange of information between Compact states regarding psychologist licensure, adverse actions, and disciplinary history;

(5) promote compliance with the laws governing psychological practice in each Compact state; and

(6) invest all Compact states with the authority to hold licensed psychologists accountable through the mutual recognition of Compact state licenses.

(Added 2023, No. 37, § 1, eff. July 1, 2024.)

§ 3023 Definitions

As used in this subchapter:

(1) “Adverse action” means any action taken by a state psychology regulatory authority that finds a violation of a statute or regulation that is identified by the state psychology regulatory authority as discipline and is a matter of public record.

(2) “Association of State and Provincial Psychology Boards (ASPPB)” means the recognized membership organization composed of state and provincial psychology regulatory authorities responsible for the licensure and registration of psychologists throughout the United States and Canada.

(3) “Authority to Practice Interjurisdictional Telepsychology” means a licensed psychologist’s authority to practice telepsychology, within the limits authorized under this Compact, in another Compact state.

(4) “Bylaws” means those bylaws established by the Psychology Interjurisdictional Compact Commission pursuant to section 3031 of this title for its governance or for directing and controlling its actions and conduct.

(5) “Client or patient” means the recipient of psychological services, whether psychological services are delivered in the context of health care, corporate, supervision, consulting services, or a combination of these.

(6) “Commissioner” means the voting representative appointed by each state psychology regulatory authority pursuant to section 3031 of this title.

(7) “Compact state” means a state, the District of Columbia, or United States territory that has enacted this Compact legislation and that has not withdrawn pursuant to subsection 3024(c) of this title or been terminated pursuant to subsection 3023(b) of this title.

(8) “Coordinated licensure information system” or “coordinated database” means an integrated process for collecting, sorting, and sharing information on psychologists’ licensure and enforcement activities related to psychology licensure laws, which is administered by the recognized membership organization composed of state and provincial psychology regulatory authorities.

(9) “Confidentiality” means the principle that data or information is not made available or disclosed to unauthorized persons or processes, or both.

(10) “Day” means any part of a day in which psychological work is performed.

(11) “Distant State” means the Compact state where a psychologist is physically present, not through the use of the telecommunications technologies, to provide temporary in-person, face-to-face psychological services.

(12) “E.Passport” means a certificate issued by the Association of State and Provincial Psychology Boards (ASPPB) that promotes the standardization in the criteria of interjurisdictional telepsychology practice and facilitates the process for licensed psychologists to provide telepsychological services across state lines.

(13) “Executive Board” means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission.

(14) “Home State” means a Compact state where a psychologist is licensed to practice psychology. If the psychologist is licensed in more than one Compact state and is practicing under the authorization to practice interjurisdictional telepsychology, the Home State is the Compact state where the psychologist is physically present when the telepsychological services are delivered. If the psychologist is licensed in more than one Compact state and is practicing under the Temporary Authorization to Practice, the Home State is any Compact state where the psychologist is licensed.

(15) “Identity history summary” means a summary of information retained by the Federal Bureau of Investigation (FBI), or other designee with similar authority, in connection with arrests and, in some instances, federal employment, naturalization, or military service.

(16) “In-person, face-to-face” means interactions in which the psychologist and the client or patient are in the same physical space and does not include interactions that may occur through the use of telecommunication technologies.

(17) “Interjurisdictional Practice Certificate” or “IPC” means a certificate issued by the Association of State and Provincial Psychology Boards (ASPPB) that grants temporary authority to practice based on notification to the state psychology regulatory authority of intention to practice temporarily and verification of one’s qualifications for such practice.

(18) “License” means authorization by a state psychology authority to engage in the independent practice of psychology, which would be unlawful without the authorization.

(19) “Non-Compact state” means any state that is not at the time a Compact state.

(20) “Psychologist” means an individual licensed for the independent practice of psychology.

(21) “Psychology Interjurisdictional Compact Commission,” or “Commission,” means the national administration of which all Compact states are members.

(22) “Receiving State” means a Compact state where the client or patient is physically located when the telepsychological services are delivered.

(23) “Rule” means a written statement by the Psychology Interjurisdiction Compact Commission promulgated pursuant to section 3032 of this title that is of general applicability; implements, interprets, or prescribes a policy or provision of the Compact, or an organization, procedural, or practice requirement of the Commission and has the force and effect of statutory law in a Compact state; and includes the amendment, repeal, or suspension of an existing rule.

(24) “Significant investigatory information” means:

(A) investigative information that a state psychology regulatory authority, after preliminary inquiry that includes notification and an opportunity to respond if required by state laws, has reason to believe, if proven true, would indicate more than a violation of state statute or ethics code that would be considered more substantial than minor infraction; or

(B) investigative information that indicates that the psychologist represents an immediate threat to public health and safety regardless of whether the psychologist has been notified or had an opportunity to respond, or both.

(25) “State” means a state, commonwealth, territory, or possession of the Unites States, or the District of Columbia.

(26) “State psychology regulatory authority” means the board, office, or other agency with the legislative mandate to license and regulate the practice of psychology.

(27) “Telepsychology” means the provision of psychological services using telecommunication technologies.

(28) “Temporary Authorization to Practice” means a licensed psychologist’s authority to conduct temporary in-person, face-to-face practice, within the limits authorized under this Compact, in another Compact state.

(29) “Temporary in-person, face-to-face practice” means a psychologist is physically present, not through the use of telecommunications technologies, in the Distant State to provide for the practice of psychology for 30 days within a calendar year and based on notification to the Distant State.

(Added 2023, No. 37, § 1, eff. July 1, 2024.)

§ 3024 Home State licensure

(a) The Home State shall be a Compact state where a psychologist is licensed to practice psychology.

(b) A psychologist may hold one or more Compact state licenses at a time. If the psychologist is licensed in more than one Compact state, the Home State is the Compact state where the psychologist is physically present when the services are delivered as authorized by the Authority to Practice Interjurisdictional Telepsychology under the terms of this Compact.

(c) Any Compact state may require a psychologist not previously licensed in a Compact state to obtain and retain a license to be authorized to practice in the Compact state under the circumstances not authorized by the Authority to Practice Interjurisdictional Telepsychology under the terms of this Compact.

(d) Any Compact state may require a psychologist to obtain and retain a license to be authorized to practice in a Compact state under circumstances not authorized by the Temporary Authorization to Practice under the terms of this Compact.

(e) A Home State’s license authorizes a psychologist to practice in a Receiving State under the Authority to Practice Interjurisdictional Telepsychology only if the Compact state:

(1) currently requires the psychologist to hold an active E.Passport;

(2) has a mechanism in place for receiving and investigating complaints about licensed individuals;

(3) notifies the Commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;

(4) requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the FBI, or other designee with similar authority, no later than 10 years after activation of the Compact; and

(5) complies with the bylaws and rules of the Commission.

(f) A Home State’s license grants Temporary Authorization to Practice to a psychologist in a Distant State only if the Compact state:

(1) currently requires the psychologist to hold an active IPC;

(2) has a mechanism in place for receiving and investigating complaints about licensed individuals;

(3) notifies the Commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;

(4) requires an identity history summary of applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the FBI, or other designee with similar authority, no later than 10 years after activation of the Compact; and

(5) complies with the bylaws and rules of the Commission.

(Added 2023, No. 37, § 1, eff. July 1, 2024.)

§ 3025 Compact privilege to practice telepsychology

(a) Compact states shall recognize the right of a psychologist, licensed in a Compact state in conformance with section 3024 of this title, to practice telepsychology in other Compact states, called Receiving States, in which the psychologist is not licensed under the Authority to Practice Interjurisdictional Telepsychology as provided in the Compact.

(b) To exercise the Authority to Practice Interjurisdictional Telepsychology under the terms and provisions of this Compact, a psychologist licensed to practice in a Compact state must:

(1) hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded:

(A) regionally accredited by an accrediting body recognized by the U.S. Department of Education to grant graduate degrees, or authorized by Provincial Statute or Royal Charter to grant doctoral degrees; or

(B) a foreign college or university deemed to be equivalent to subdivision (A) of this subdivision (b)(1) by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) or by a recognized foreign credential evaluation service; and

(2) hold a graduate degree in psychology that meets the following criteria:

(A) The program, wherever it may administratively housed, must be clearly identified and labeled as a psychology program. Such a program must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists.

(B) The psychology program must stand as a recognizable, coherent, organizational entity within the institution.

(C) There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines.

(D) The program must consist of an integrated, organized sequence of study.

(E) There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities.

(F) The designated director of the program must be a psychologist and a member of the core faculty.

(G) The program must have an identifiable body of students who are matriculated in that program for a degree.

(H) The program must include supervised practicum, internship, or field training appropriate to the practice of psychology.

(I) The curriculum shall encompass a minimum of three academic years of full-time graduate study for a doctoral degree and a minimum of one academic year of full-time graduate study for a master’s degree.

(J) The program includes an acceptable residency as defined by the rules of the Commission.

(3) possess a current, full, and unrestricted license to practice psychology in a Home State that is a Compact state;

(4) have no history of adverse action that violate the rules of the Commission;

(5) have no criminal record history reported on an identity history summary that violates the rules of the Commission;

(6) possess a current, active E.Passport;

(7) provide attestations in regard to areas of intended practice, conformity with standards of practice, competence in telepsychology technology; criminal background; and knowledge and adherence to legal requirements in the Home and Receiving States, and provide a release of information to allow for primary source verification in a manner specified by the Commission; and

(8) meet other criteria as defined by the rules of the Commission.

(c) The Home State maintains authority over the license of any psychologist practicing into a Receiving State under the Authority to Practice Interjurisdictional Telepsychology.

(d) A psychologist practicing into a Receiving State under the Authority to Practice Interjurisdictional Telepsychology will be subject to the Receiving State’s scope of practice. A Receiving State may, in accordance with the state’s due process law, limit or revoke a psychologist’s Authority to Practice Interjurisdictional Telepsychology in the Receiving State and may take any other necessary actions under the Receiving State’s applicable law to protect the health and safety of the Receiving State’s citizens. If a Receiving State takes action, the state shall promptly notify the Home State and the Commission.

(e) If a psychologist’s license in any Home State, another Compact state, or any Authority to Practice Interjurisdictional Telepsychology in any Receiving State, is restricted, suspended, or otherwise limited, the E.Passport shall be revoked and therefore the psychologist shall not be eligible to practice telepsychology in a Compact state under the Authority to Practice Interjurisdictional Telepsychology.

(Added 2023, No. 37, § 1, eff. July 1, 2024.)

§ 3026 Compact temporary authorization to practice

(a) Compact states shall also recognize the right of a psychologist, licensed in a Compact state in conformance with section 3024 of this title, to practice temporarily in other Compact states, called Distant States, in which the psychologist is not licensed, as provided in the Compact.

(b) To exercise the Temporary Authorization to Practice under the terms and provisions of this Compact, a psychologist licensed to practice in a Compact state must: