CHAPTER 1. ACCOUNTANTS

Cross References

Cross references. Office of Professional Regulation generally, see 3 V.S.A. ch. 5, subch. 3.

Procedure for the adoption of administrative rules, see 3 V.S.A. ch. 25.

Review of regulatory laws, see chapter 57 of this title.

Subchapter 1. General Provisions

History

Amendments--1981 (Adj. Sess.). 1981, No. 161 (Adj. Sess.), § 2, rewrote the subchapter heading.

§§ 1-12. Repealed. 1975, No. 89, § 15.

History

Former §§ 1-12. Former § 1, relating to creation of Public Accounting Registration Commission, was derived from 1953, No. 228 , § 1.

Former § 2, relating to compensation and expenses, was derived from 1953, No. 228 , § 10, and amended by 1963, No. 193 , § 1.

Former § 3, relating to disposition of moneys, was derived from 1953, No. 228 , § 9, and amended by 1975, No. 118 , § 72.

Former § 4, relating to records of the Commission, was derived from 1953, No. 228 , § 2.

Former § 5, relating to annual examinations, was derived from 1953, No. 228 , § 3.

Former § 6, relating to qualifications for examination and licensing, and applications for reexamination, was derived from 1953, No. 228 , § 4, and amended by 1967, No. 191 ; No. 184 (Adj. Sess.), § 10.

Former § 7, relating to exemptions from examinations or supervised study requirements, was derived from 1953, No. 228 , § 6.

Former § 8, relating to recording and display of licenses, was derived from 1953, No. 228 , § 5, and amended by 1963, No. 37 , § 8; 1967, No. 278 (Adj. Sess.), § 12.

Former § 9, relating to grounds for revocation of licenses, was derived from 1953, No. 228 , § 7.

Former § 10, relating to prohibitions, was derived from 1953, No. 228 , § 8.

Former § 11, relating to penalties, was derived from 1953, No. 228 , § 8.

Former § 12, relating to renewal of licenses, was derived from 1969, No. 241 (Adj. Sess.), § 1.

§ 13. Definitions.

As used in this chapter:

    1. "Attest services" means providing the following services: (1) (A) "Attest services" means providing the following services:
      1. any audit or other engagement to be performed in accordance with the Statements on Auditing Standards (SAS);
      2. 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);
      3. any examination of prospective financial information to be performed in accordance with the Statements on Standards for Attestation Engagements (SSAE);
      4. any engagement to be performed in accordance with the auditing standards of the Public Company Accounting Oversight Board (PCAOB); or
      5. 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).
    2. 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.
  1. "Board" means the Board of Public Accountancy.
  2. "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.
  3. [Repealed.]
  4. "Firm" means a sole proprietorship, a corporation, a partnership, association, or any other entity that practices public accountancy.
  5. [Repealed.]
  6. "Good character" means fiscal integrity, and a lack of any history of acts involving dishonesty, false statements, or fraud.
  7. "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.
  8. "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.
  9. "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.
  10. "Principal place of business" means the office location designated by the licensee for the purposes of substantial equivalency and reciprocity.
  11. "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.
  12. "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.
    1. 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.
    2. 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.
  13. "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.
  14. "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.

History

Amendments--2019. Repealed subdivs. (4) and (6); added subdiv. (14): and redesignated former subdiv. (14) as subdiv. (15).

Amendments--2017. Introductory paragraph: Substituted "As used in" for "For the purposes of".

Subdiv. (1)(A): Deleted "financial statement" preceding "services".

Subdiv. (1)(A)(v): Added.

Subdiv. (13): Substituted "any attest or compilation service" for "financial statements" following "reference to" and "the attested information or compiled" for "any" preceding "financial statements".

Subdiv. (13)(B): Substituted "that" for "which" following "language" and inserted "attested information or compiled" preceding "financial statements".

Amendments--2009. Inserted "auditing" before "standards" and substituted "of" for "or" after "standards" in subdiv. (1)(A)(iv); added subdiv. (3) and redesignated former subdiv. (3) as subdiv. (4); redesignated former subdiv. (4) as subdiv. (5); added subdiv. (6); redesignated former subdiv. (5) as subdiv. (7); added subdiv. (8); redesignated subdiv. (6) as subdiv. (9); redesignated former subdiv. (7) as subdiv. (10); substituted "licensed, registered, or otherwise authorized" for "licensed or registered" and made a minor punctuation change in subdiv. (10); added subdiv. (11); and redesignated former subdivs. (8), (9) and (10) as subdivs. (12), (13) and (14).

Amendments--2007. Subdiv. (a)(1)(iv): Added.

Subdiv. (a)(5): Substituted "false statements, or fraud" for "and moral turpitude" following "dishonesty".

Subdiv. (a)(10): Deleted "and" following "Guam" and inserted "and other jurisdictions recognized by the National Association of State Boards of Accountancy (NASBA)" following "U.S. Virgin Islands".

Amendments--2001 (Adj. Sess.). Section amended generally.

Amendments--1991 (Adj. Sess.). Added new subdiv. (4); redesignated former subdivs. (4) and (5) as subdivs. (5) and (6), respectively; redesignated former subdiv. (6) as subdiv. (7) and rewrote that subdiv.; redesignated former subdiv. (7) as subdiv. (8); redesignated former subdiv. (8) as subdiv. (9) and rewrote that subdiv.; added a new subdiv. (10); and redesignated former subdiv. (10) as subdiv. (11).

Amendments--1981 (Adj. Sess.). Section amended generally.

§ 14. Prohibitions.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.

History

Amendments--2009. Subsec. (a): Amended generally.

Subsec. (b): Added "or is an individual with practice privileges set forth under section 74c of this title" following "chapter".

Subsec. (c): Added "or is exempt from registration under section 74 of this title" following "chapter".

Subsec. (d): Inserted "and individuals with practice privileges set forth under section 74c of this title" following "chapter".

Subsec. (h): Amended generally.

Amendments--2007. Subsec. (g): Deleted "or" following "review" and inserted "or other attest services" following "statements".

Amendments--2001 (Adj. Sess.). Subsec. (a): Inserted "or provide attest services for" following "financial statements of" in the first sentence.

Subsec. (e): Rewrote the subsec.

Amendments--1999 Subsec. (d): Added the third sentence.

Amendments--1997. Subsec. (e): Inserted "or limited liability company" following "corporation" in two places.

Amendments--1991 (Adj. Sess.). Subsec. (a): Amended generally.

Subsec. (c): Substituted "firm" for "partnership or corporation" following "no" at the beginning of the subsec., "it" for "partnership or corporation" preceding "is composed", and "the firm is" for "all persons performing public accounting for it in this state are licensed or" following "unless".

Subsec. (f): Substituted "that person or partnership" for "he or it" preceding "otherwise".

Subsec. (g): Added.

Subsec. (h): Added.

Amendments--1981 (Adj. Sess.). Section amended generally.

§ 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:
    1. signing a statement or report in reference to the affairs of that organization, with wording designating the title held in the organization; or
    2. 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.

History

Amendments--2009. Section amended generally.

Amendments--2007. Section amended generally.

Amendments--2001 (Adj. Sess.). Subdiv. (b)(3): Deleted.

Subsec. (c): Deleted "of him" at the end of the subsec.

Subdiv. (d)(1): Substituted "held" for "he holds".

Subdiv. (d)(2): Inserted "or herself" following "himself".

Subsec. (f): Deleted "which he" preceding "previously held".

Subsec. (g): Added.

Amendments--1991 (Adj. Sess.). Subsec. (a): Substituted "firm" for "partnership or corporation" preceding "composed" in the first sentence, and inserted "or her" preceding "own name" in the second sentence.

Subsec. (b): Deleted "certified public accountant or a licensed" preceding "public accountant" in the introductory paragraph.

Amendments--1981 (Adj. Sess.). Section amended generally.

§ 16. Repealed. 1981, No. 161 (Adj. Sess.), § 2.

History

Former § 16. Former § 16, relating to injunctions against unlawful acts, was derived from 1975, No. 89 , § 10 and was repealed by omission by 1981, No. 161 (Adj. Sess.), § 2. The subject matter is now covered by § 54(b)(9) of this chapter.

§ 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.

History

Amendments--2019. Substituted "chapter" for "title" and "3 V.S.A. § 127" for "3 V.S.A. § 127(c)".

Amendments--2007. Substituted "subject to the penalties set forth in subsection 127(c) of Title 3" for "fined not more than $1,000.00, or imprisoned for not more than 30 days, or both, for each violation".

Amendments--1981 (Adj. Sess.). Substituted "$1,000.00" for "$500.00" and "30 days" for "one year" in the first sentence and deleted the former second sentence.

§ 18. Repealed. 1981, No. 161 (Adj. Sess.), § 2.

History

Former § 18. Former § 18, relating to evidence sufficient to justify an injunction, was derived from 1975, No. 89 , § 12 and was repealed by omission by 1981, No. 161 (Adj. Sess.), § 2.

Subchapter 2. Board of Public Accountancy

History

Revision note. Inserted "Public" preceding "Accountancy" in the subchapter heading for purposes of conformity with the text of the subchapter.

Amendments--1981 (Adj. Sess.). 1981, No. 161 (Adj. Sess.), § 2 deleted "State" preceding "Board of Accountancy" in the subchapter heading.

Cross References

Cross references. Per diem compensation of Board members, see 32 V.S.A. § 1010.

§ 51. Creation of Board.

  1. The Board of Public Accountancy is created, consisting of five members, who shall be residents of this State.
  2. 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.
  3. At least three members of the Board shall be licensed certified public accountants.
  4. 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.

History

Source. V.S. 1947, § 6970. 1947, No. 202 , § 7074. 1937, No. 194 , § 1. P.S. § 7628. 1931, No. 132 , § 1. 1923, No. 7 , § 41. P.L. § 6185. 1917, No. 254 , § 6053. 1915, No. 1 , § 225. 1912, No. 257 , § 2.

Amendments--2007. Subsec. (b): Substituted "At least one" for "One" preceding "member".

Subsec. (d): Deleted former subsec. (d) and redesignated former subsec. (e) as present subsec. (d).

Amendments--2001 (Adj. Sess.). Subsec. (b): Substituted "pecuniary" for "financial" preceding "interest" in the first sentence; substituted "The member" for "He or she" preceding "shall have", and "pecuniary" for "financial" preceding "interest" in the second sentence.

Subsec. (c): Substituted "three members" for "two members".

Subsec. (d): Added the second sentence.

Subsec. (e): Deleted former subsec. (e); redesignated former subsec. (f) as present subsec. (e); substituted "five-year terms" for "three-year terms", added "in accordance with section 129b of Title 3" and deleted "with the advice and consent of the senate" following "the governor" in the former first sentence; and deleted the former second and third sentences.

Subsecs. (g)-(i): Deleted.

Amendments--1991 (Adj. Sess.). Inserted "or she" preceding "shall" in the second sentence of subsec. (b), inserted "at least" preceding "two" in subsec. (c), substituted "at least one member" for "two members" preceding "of the board" and "accountant" for "accountants" following "public" in subsec. (d), added a new subsec. (e), redesignated former subsec. (e) as subsec. (f) and deleted the last sentence of that subsec., and redesignated former subsecs. (f)-(h) as subsecs. (g)-(i), respectively.

Amendments--1981 (Adj. Sess.). Section amended generally.

Amendments--1975. Section amended generally.

§ 52. Functioning of Board.

  1. Annually, the Board shall meet to elect a chair and a secretary.
  2. Meetings may be called by the Chair and shall be called upon the request of any other two members.
  3. Meetings shall be warned and conducted in accordance with 1 V.S.A. chapter 5.
  4. A majority of the members of the Board shall constitute a quorum.
  5. 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.

History

Source. 1953, No. 109 , § 1. V.S. 1947, § 6971. 1947, No. 202 , § 7075. 1937, No. 194 , § 1. P.L. § 7628. 1931, No. 132 , § 1. 1923, No. 7 , § 41. G.L. § 6185. 1917, No. 254 , § 6053. 1915, No. 1 , § 225. 1912, No. 257 , § 2.

Amendments--1981 (Adj. Sess.). Section amended generally.

Amendments--1975. Section amended generally.

§ 53. Repealed. 1981, No. 161 (Adj. Sess.), § 2.

History

Former § 53. Former § 53, relating to compensation of Board members, was derived from 1953, No. 109 , § 1; V.S. 1947, § 6971; 1947, No. 202 , § 7075; 1937, No. 194 , § 1; P.L. § 7628; 1931, No. 132 , § 1; 1923, No. 7 , § 41; G.L. § 6185; 1917, No. 254 , § 6053; 1915, No. 1 , § 225; 1912, No. 257 , § 2; amended by 1975, No. 89 , § 3; and was repealed by omission by 1981, No. 161 (Adj. Sess.), § 2.

§ 54. General powers and duties of the Board.

  1. 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.
  2. 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.
  3. [Repealed.]

    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.

History

Source. 1953, No. 109 , § 1. V.S. 1947, § 6971. 1947, No. 202 , § 7075. 1937, No. 194 , § 1. P.L. § 7628. 1931, No. 132 , § 1. 1923, No. 7 , § 41. G.L. § 6185. 1917, No. 254 , § 6053. 1915, No. 1 , § 225. 1912, No. 257 , § 2.

Editor's note. 1997, No. 145 (Adj. Sess.), § 31 purported to repeal "26 V.S.A. § 54 (budget for public accountancy board)." Since the descriptive language limits the repealer to subsec. (d) of this section, this section is set out as amended by the deletion of subsec. (d).

Amendments--2019 (Adj. Sess.) Subsec. (c): Repealed.

Amendments--2007. Added new subdiv. (b)(10) and redesignated former subdiv. (b)(10) as present subdiv. (b)(11).

Amendments--2001 (Adj. Sess.). Subdiv. (a)(2): Substituted "the relevant statutes" for "section 71 of this title".

Subdiv. (b)(2): Deleted "consistent with the recommendations of the National Association of State Boards of Public Accountancy" following "professional conduct".

Subdiv. (b)(10): Substituted "peer reviews" for "report reviews".

Subsec. (c): Deleted former subsec. (c) and redesignated former subsec. (d) as present subsec. (c).

Amendments--1997 (Adj. Sess.). Subsec. (d): Deleted the subsec.

Amendments--1991 (Adj. Sess.). Subsec. (a): Substituted "section 13" for "subdivision 13(6)" following "interpreting" in subdiv. (1).

Subsec. (b): Deleted "and" following "general" in subdiv. (8), inserted "of this title" following "section 14" and added "and" following "conduct" in subdiv. (9), and added subdiv. (10).

Subsec. (c): Substituted "firms" for "partnerships, corporations and offices" following "registered".

Amendments--1985 (Adj. Sess.). Subdiv. (a)(5): Repealed.

Amendments--1981 (Adj. Sess.). Section amended generally.

Amendments--1975. Section amended generally.

Cross References

Cross references. Enforcement of subpoenas issued by administrative agencies generally, see 3 V.S.A. § 809a.

Modification of subpoenas or discovery orders issued by administrative agencies, see 3 V.S.A. § 809b.

§ 55. Repealed. 1981, No. 161 (Adj. Sess.), § 2.

History

Former § 55. Former § 55, relating to the Board's annual report to the Secretary of State, was derived from V.S. 1947, § 6972; 1937, No. 194 , § 2; P.L. § 7629; G.L. § 6189; 1912, No. 257 , § 5; amended by 1975, No. 89 , § 5; and was repealed by omission by 1981, No. 161 (Adj. Sess.), § 2.

§ 56. Fees.

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

  1. Application for license                                      $  100.00      (2) Biennial renewal of license                                  $  220.00      (3) Firm registration                                            $  200.00      (4) [Repealed.]      (5) Firm biennial renewal of registration                        $  400.00      (6) Sole proprietor firm biennial renewal of registration        $  200.00

    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.

History

Source. V.S. 1947, § 6973. P.L. § 7630. 1933, No. 157 , § 7242. G.L. § 6191. 1915, No. 1 , § 226. 1912, No. 257 , § 4.

Revision note. Subsec. (c), which provided for an appropriation of $1,500.00 from the general fund for fiscal year 1976, was omitted as a transitional provision.

Amendments--2019 (Adj. Sess.) Subdiv. (4): Repealed.

Amendments--2019. Subdiv. (1): Substituted "$100.00" for "$75.00".

Subdiv. (2): Substituted "$220.00" for "$120.00".

Subdiv. (3): Deleted "and biennial renewal of registration" and substituted "$200.00" for "$120.00".

Subdivs. (5) and (6): Added.

Amendments--2011. Subdiv. (2): Substituted "$120.00" for "$100.00".

Subdiv. (3): Substituted "$120.00" for "$35.00".

Amendments--2009. Added "and biennial renewal of registration" after "registration" in subdiv. (3); and substituted "foreign" for "nonresident" in subdiv. (4).

Amendments--2001 (Adj. Sess.) Subdiv. (2): Substituted "$100.00" for "on or after July 1, 1999 $90.00".

Subdiv. (3): Substituted "$35.00" for "$15.00".

Subdiv. (4): Substituted "$50.00" for "$5.00".

Amendments--1999 Subdiv. (1): Substituted "$75.00" for "$55.00".

Subdiv. (2): Substituted "$90.00" for "$165.00".

Amendments--1997 Section amended generally.

Amendments--1991 (Adj. Sess.). Inserted "through July 31, 1993" following "license" in subdiv. (3), added new subdiv. (4), redesignated former subdiv. (4) as subdiv. (5) and substituted "firm" for "office" preceding "registration" in that subdiv., and redesignated former subdiv. (5) as subdiv. (6) and substituted "firm" for "accountant" following "nonresident" in that subdiv.

Amendments--1989 (Adj. Sess.). Section amended generally.

Amendments--1981 (Adj. Sess.). Section amended generally.

Amendments--1975. Section amended generally.

Cross References

Cross references. Exemption of persons 80 years of age and over from payment of license renewal fees, see 32 V.S.A. § 1111.

§§ 57-62. Repealed. 1975, No. 89, § 15.

History

Former §§ 57-62. Former § 57, relating to definition of certified public accountant, was derived from 1953, No. 109 , § 4; V.S. 1947, § 6978; 1937, No. 194 , § 3; P.L. § 7635; 1931, No. 132 , § 2; G.L. § 6184; 1912, No. 257 , § 1. The subject matter is now covered by § 13 of this chapter.

Former § 58, relating to examinations, was derived from V.S. 1947 § 6974; P.L. § 7631; 1921, No. 183 , § 1; G.L. § 6186; 1912, No. 257 , § 3. The subject matter is now covered by § 71a of this chapter.

Former § 59, relating to fees and issuance of certificates, was derived from 1953, No. 109 , § 2; V.S. 1947, § 6975; P.L. § 7632; G.L. § 6187; 1915, No. 1 , § 226; 1912, No. 257 , § 4. The subject matter is now covered by § 56 of this chapter.

Former § 60, relating to issuance of certificate without examination, was derived from 1953, No. 109 , § 3; V.S. 1947, § 6976; P.L. § 7633; 1921, No. 183 , § 2; G.L. § 6188; 1912, No. 257 , § 6. The subject matter is now covered by § 72b of this chapter.

Former § 61, relating to revocation of certificates, was derived from V.S. 1947, § 6977; P.L. § 7634; G.L. § 6190; 1912, No. 257 , § 7. The subject matter is now covered by § 78 of this chapter.

Former § 62, relating to penalties, was derived from 1953, No. 228 , § 11; V.S. 1947, § 6979; P.L. § 7636; G.L. § 6192; 1912, No. 257 , § 8.

Subchapter 3. Licenses

§ 71. Repealed. 1997, No. 145 (Adj. Sess.), § 31.

History

Former § 71. Former § 71, providing for licensing of certified public accountants, was added by 1975, No. 89 , § 13, and amended by 1981, No. 161 (Adj. Sess.), § 2; 1991, No.167 (Adj. Sess.), § 7. The subject matter is now covered by § 71a of this chapter.

§ 71a. License by examination.

  1. 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:
      1. [Repealed.]
      2. 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.
  2. The Board shall administer an examination using a nationally recognized uniform certified public accountants' examination and advisory grading service.
  3. 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.

History

2019. Redesignated former subdiv. (a)(2)(A)(i) as subdiv. (a)(2)(A) and former subdiv. (a)(2)(A)(ii) as subdiv. (a)(2)(B) to conform to V.S.A. style.

Amendments--2009. No. 35, § 8 redesignated former subdiv. (a)(2)(A)(ii) as subdiv. (a)(2)(A)(i); redesignated former subdiv. (a)(2)(A)(iii) as subdiv. (a)(2)(A)(ii); inserted "a baccalaureate degree and" after "including" in subdiv. (a)(2)(A)(ii); redesignated former subdiv. (a)(2)(B) as subdiv. (a)(3); deleted the second sentence of subsec. (b); and rewrote subsec. (c).

No. 35, § 41(b) provided for the repeal of subdiv. (a)(2)(A)(i) on July 1, 2014.

Amendments--2007 (Adj. Sess.) Subdiv. (a)(2)(A): Added new subdiv. (ii) and redesignated former subdiv. (ii) as subdiv. (iii).

Subsec. (b): Substituted "The board shall administer an examination using" for "Examinations shall be held by the board, and the board shall use" in the first sentence and added the second sentence.

Subsec. (c): Added.

Amendments--2007. Section amended generally.

Amendments--2001 (Adj. Sess.). Subsec. (a): Deleted former subdiv. (2)(D) and redesignated former subdiv. (3) as present subdiv. (2)(D).

ANNOTATIONS

1. Good moral character.

Commission has authority to determine whether or not an applicant for examination is of good moral character. 1952-54 Op. Atty. Gen. 372, 375.

Conviction for crime of embezzlement more than twenty years ago does not necessarily require present conclusion that person is not now of good moral character. 1952-54 Op. Atty. Gen. 375.

Crime of forgery may be said to involve moral turpitude. 1952-54 Op. Atty. Gen. 372.

§ 71b. Repealed. 2007, No. 29, § 77.

History

Former § 71b. Former § 71b, relating to licenses for registered public accountants, was derived from 1997, No. 145 (Adj. Sess.), § 8 and amended by 1999, No. 52 , § 5 and 2001, No. 129 (Adj. Sess.), § 10.

§ 72. Repealed. 1997, No. 145 (Adj. Sess.), § 31.

History

Former § 72. Former § 72, relating to licensure of registered public accountants, was derived from 1975, No. 89 , § 13, and amended by 1981, No. 161 (Adj. Sess.), § 2; 1991, No. 167 (Adj. Sess.), § 8.

§ 72a. General licensing provisions.

  1. If a licensee has a principal place of business for the practice of public accounting, the license shall be prominently displayed at that place.
  2. 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.
  3. [Repealed.]

    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).

History

Amendments--2009. Subsec. (c): Repealed.

Amendments--2007. Section amended generally.

Amendments--2001 (Adj. Sess.). Subdiv. (c)(1): Inserted "education, examination and experience" preceding "requirements".

Subdiv. (c)(2): Deleted "after having passed an examination upon which the applicant's certificate was based" preceding "within the ten years".

Subsec. (e): Substituted "the applicant" for "he".

Subsec. (f): Deleted.

Amendments--1997. Subsec. (c): Amended generally.

Amendments--1991 (Adj. Sess.). Subsec. (e): Substituted "60" for "120" preceding "days" and "education" for "experience" preceding "requirement" in the first and second sentences and inserted "or she" following "until he" in the first sentence.

§ 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
    1. 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 (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
    2. 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.

History

Amendments--1999 (Adj. Sess.). Substituted "corporation limited liability company, partnership, or other business organization" for "corporation or, limited liability company" in the first and second sentence, and deleted "shall incorporate as a professional corporation, or organize as a professional limited liability company and" following "public accounting" and inserted "partners, shareholders" preceding "and employees" in the first sentence.

Amendments--1997. Inserted "and limited liability companies" following "corporations" in the section heading, "or limited liability company" preceding "engaged in", "or organize as a professional limited liability company" following "professional corporation" and "managers, members" preceding "and employees" in the first sentence and "or limited liability company" preceding "may include" in the second sentence.

Amendments--1981 (Adj. Sess.). Section amended generally.

§ 74. Firms; registration and ownership.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.

History

Amendments--2019 (Adj. Sess.) Substituted "of this chapter" for "of this title" throughout the section and in subdiv. (b)(1), substituted "subsection 75(c) of this chapter, as applicable" for "section 75c of this title".

Amendments--2017. Subsec. (b): Inserted ", 13(1)(A)(v)," preceding "or" and "13" preceding "(3)" and substituted "chapter" for "title" following "of this".

Subsecs. (e), (f): Deleted "on financial statements" following "report".

Amendments--2009. Section amended generally.

Amendments--2007. Subsec. (d): Deleted "or compilation" preceding "services".

Subsec. (e): Deleted.

Amendments--2001 (Adj. Sess.). Subsec. (a): Deleted "direct" preceding "supervision", "resident manager who shall be a" preceding "public accountant", "and shall be either a principal, shareholder or a staff employee" following "in this state" in the second sentence, and deleted the third sentence.

Subsec. (b): Substituted "equity" for "financial interest", inserted "creditor" preceding "and voting rights", and substituted "nonlicensee" for "non-licensee".

Amendments--1999 (Adj. Sess.). Designated the existing provisions of the section as subsec. (a), deleted "triennially with the board until July 1, 1999 and" following "be registered" and "thereafter" from the end first sentence of that subsec., and added subsecs. (b)-(e).

Amendments--1997 Rewrote the first sentence.

Amendments--1991 (Adj. Sess.). Substituted "firms" for "offices" preceding "registration" in section heading, rewrote the first sentence, and in the second sentence deleted "licensed" preceding "public accountant" and inserted "licensed" thereafter.

Amendments--1981 (Adj. Sess.). Section amended generally.

§ 74a. Repealed. 2019, No. 30, § 9.

History

Former § 74a, relating to foreign registration, was derived from 1981, No. 161 (Adj. Sess.), § 2 and amended by 1991, No. 167 (Adj. Sess.), § 11; 2001, No. 129 (Adj. Sess.), § 13; 2007, No. 29 , § 14; and 2009, No. 35 , § 10.

§ 74b. Repealed. 2001, No. 129 (Adj. Sess.), § 14.

History

Former § 74b. Former § 74b, relating to registration of nonresident firms providing public accounting services, was derived from 1991, No. 167 (Adj. Sess.), § 12.

§ 74c. Substantial equivalency.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.

  1. Public accountant licenses and firm registrations under this chapter shall be renewed every two years on payment of the required fee.
  2. 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.
  3. 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.
  4. Information submitted for peer reviews is exempt from public disclosure under 1 V.S.A. § 317(c)(3) and (6).
  5. 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.

History

Revision note. In subsec. (d), substituted "317(c)(3) and (6)" for "317(b)(3) and (6)" pursuant to the renumbering scheme of 1 V.S.A. 317.

Amendments--2001 (Adj. Sess.). Subsec. (a): Deleted "every three years prior to July 1, 1999 and" following "shall be renewed" and "thereafter" following "every two years".

Subsec. (e): Rewrote the subsec.

Amendments--1999 (Adj. Sess.). Subsec. (c): Substituted "peer reviews" for "report reviews" and deleted "prior to July 1, 1999 and every two years thereafter" following "three years" in the introductory paragraph, and substituted "peer review" for "quality review", "peer reviews" for "report reviews", and "three years" for "two years" in subdiv (2).

Subsec. (d): Substituted "peer reviews" for "report reviews".

Amendments--1997 Subsec. (a): Deleted "notwithstanding the provisions of 3 V.S.A. § 123(a)(12)" preceding "public" at the beginning of the sentence and substituted "three years prior to July 1, 1999 and every two years" for "two years prior to July 31, 1993 and every three years" preceding "thereafter".

Subsec. (b): Inserted "or she" preceding "has satisfied".

Subsec. (c): Inserted "prior to July 1, 1999 and every two years thereafter" following "once every three years" in the introductory paragraph and substituted "two years" for "three years" in subdiv. (2).

Amendments--1991 (Adj. Sess.). Rewrote subsec. (a), added new subsecs. (c) and (d), and redesignated former subsec. (c) as subsec. (e).

Amendments--1981 (Adj. Sess.). Section amended generally.

§ 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:
    1. practicing or offering to practice beyond the scope permitted by law; or
    2. accepting and performing public accounting responsibilities that the licensee knows or has reason to know that he or she is not competent to perform;
    3. 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.

History

Amendments--2001 (Adj. Sess.). Section amended generally.

Amendments--1997 (Adj. Sess.). Subsec. (a): Inserted "by section 129a of Title 3".

Subsec. (b): Amended generally, substituting "means" for "shall include" in the introductory clause and deleting several subdivs. listing examples of unprofessional conduct.

Amendments--1991 (Adj. Sess.). Subdiv. (b)(7): Inserted "except for working papers as defined under section 81 of this title" preceding "in the possession" and substituted "paid for" for "purchased" preceding "by the user".

Amendments--1981 (Adj. Sess.). Section amended generally.

§ 77. Repealed. 1981, No. 161 (Adj. Sess.), § 2.

History

Former § 77. Former § 77, relating to the revocation or suspension of partnership or corporation registrations or permits, was derived from 1975, No. 89 , § 13 and was repealed by omission by 1981, No. 161 (Adj. Sess.), § 2.

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

History

Former § 78. Former § 78, relating to disciplinary matters, was derived from 1975, No. 89 , § 13 and amended by 1981, No. 161 (Adj. Sess.), § 2, and 2001, No. 129 (Adj. Sess.), § 17.

§ 79. Repealed. 1989, No. 250 (Adj. Sess.), § 92.

History

Former § 79. Former § 79, relating to accessibility and confidentiality of disciplinary records, was derived from 1975, No. 89 , § 13 and amended by 1981, No. 161 (Adj. Sess.), § 2.

§ 80. Repealed. 1983, No. 230 (Adj. Sess.), § 17(1).

History

Former § 80. Former § 80, relating to issuance and enforcement of subpoenas, was derived from 1981, No. 161 (Adj. Sess.), § 2. The subject matter is now covered by 3 V.S.A. § 809a.

Subchapter 5. Property; Testimonial Privilege

§ 81. Ownership of accountant's working papers.

  1. 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.
  2. 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.
  3. 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.
  4. 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.

History

Amendments--2019. Subsec. (d): Added.

Amendments--2001 (Adj. Sess.). Subsec. (c): Added.

Amendments--1991 (Adj. Sess.). Subsec. (a): Deleted "certified public accountant or" following "submitted by a" in the first sentence.

§ 82. Confidential communications.

  1. 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.
  2. 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.
  3. 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.
  4. 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.

History

Amendments--2007. Subsec. (c): Substituted "peer" for "report" preceding "review" and "reviews" throughout.

Amendments--2001 (Adj. Sess.). Subsec. (d): Added "or in the course of a peer review" at the end of the subsec.

Amendments--1991 (Adj. Sess.). Substituted "firm or any of its" for "public accountant, a partnership or corporation of public accountants or any of their" preceding "employees" in subsecs. (a), (c), and (d), and substituted "report" for "peer" preceding "review" in subsec. (c) and preceding "reviews" in two places in that subsec.

ANNOTATIONS

1. Construction.

Assuming that requested information was confidential, and thus within the ambit of this section, a request for documents via subpoena is a "legal process" within the plain meaning of the statute. Watson v. Dimke, 178 Vt. 504, 872 A.2d 337 (mem.) (March 3, 2005).

The plain language of this section does not support the contention that the existence of a procedure for challenging subpoenas imposes a heightened duty on accountants to resist non-governmental subpoenas. Watson v. Dimke, 178 Vt. 504, 872 A.2d 337 (mem.) (March 3, 2005).

Accountants are not required to determine the validity of subpoenas prior to compliance. Watson v. Dimke, 178 Vt. 504, 872 A.2d 337 (mem.) (March 3, 2005).

CHAPTER 3. ARCHITECTS

Cross References

Cross references. Office of Professional Regulation generally, see 3 V.S.A. ch. 5, subch. 3.

Procedure for the adoption of administrative rules, see 3 V.S.A. ch. 25.

Review of regulatory laws, see chapter 57 of this title.

ANNOTATIONS

Analysis

1. Purpose.

The underlying policy of this chapter is one of protecting the citizens of the State from untrained, unqualified, and unauthorized practitioners. Markus & Nocka v. Julian Goodrich Architects, Inc., 127 Vt. 404, 250 A.2d 739 (1969).

2. Generally.

Architectural firm that sought to recover fee for consultation services with regard to construction of hospital within the State, was seeking recovery for services performed within the State and within the ambit of this chapter. Markus & Nocka v. Julian Goodrich Architects, Inc., 127 Vt. 404, 250 A.2d 739 (1969).

Legislature intended to require registration of architects as a prerequisite, in all cases, to architectural practice. Markus & Nocka v. Julian Goodrich Architects, Inc., 127 Vt. 404, 250 A.2d 739 (1969).

History

Law review commentaries

Law review. For note relating to statutes of limitations for architects, see 9 Vt. L. Rev. 101 (1984).

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.

History

Source. 1951, No. 165 , § 1.

Amendments--1999 (Adj. Sess.). Added new subdiv. (6) and redesignated former subdivs. (6) and (7) as subdivs. (7) and (8).

Amendments--1999 Subdiv. (7): Added.

Amendments--1985 (Adj. Sess.). Section amended generally.

ANNOTATIONS

1. Consultation.

This section, which specifically mentions consultation as one of the activities proscribed for one not registered, does not mean that any kind of consultation between architects of different states can be contractually valid only with registration, but it does mean that when the nonresident architect presumes to consult, advise, and service, in some direct measure, a Vermont client relative to Vermont construction, he is putting himself within the scope of the Vermont architectural registration law and services rendered need not be repetitive to be prohibited where architect does not register. Markus & Nocka v. Julian Goodrich Architects, Inc., 127 Vt. 404, 250 A.2d 739 (1969).

§ 122. Prohibitions; penalties.

  1. 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.
  2. 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) .
  3. 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.

History

Source. 1951, No. 165 , § 16.

Amendments--2007. Subsec. (b): Substituted "subject to the penalties in subsection 127(c) of Title 3" for "guilty of a misdemeanor and shall be fined not more than $5,000.00".

Amendments--2005. Subsec. (c): Inserted "or an attorney assigned by the office of professional regulation" following "office of attorney general" and "of Washington County" following "superior court".

Amendments--1985 (Adj. Sess.). Section amended generally.

ANNOTATIONS

Analysis

1. Public use.

Nothing in this section, either directly or by necessary implication, prohibits preparation by any person or corporation of plans for personal use nor would it be unlawful to use plans or drawings prepared by an unregistered person, the test being whether services are offered to the public. 1958-60 Op. Atty. Gen. 169.

2. Contracts in violation of registration.

Architectural contracts entered into in violation of registration statutes are illegal, and the provisions for payment of commissions under them are unenforceable. Markus & Nocka v. Julian Goodrich Architects, Inc., 127 Vt. 404, 250 A.2d 739 (1969).

Architectural firm, which had no members registered as architects within State, hired to perform consultation service on construction of hospital within State, could not enforce its contract for consultation services and could not recover for such services. Markus & Nocka v. Julian Goodrich Architects, Inc., 127 Vt. 404, 250 A.2d 739 (1969).

Plaintiff's presentation of himself to the public as one who does the work of an architect constituted holding himself out as an architect, was part of the activity sought to be regulated by registration, and was forbidden to those unlicensed persons not falling within the permitted exceptions, within which plaintiff did not fall; therefore plaintiff's oral contract with defendants to provide architectural services was unenforceable and defendants, not plaintiff, should have been granted a directed verdict in plaintiff's suit to recover for the services, notwithstanding that plaintiff did not label himself, his plans, or his business with the title "architect" or "registered architect." Rodgers v. Kelley, 128 Vt. 146, 259 A.2d 784 (1969).

3. Civil action.

Failure of architect to obtain license could not be grounds for a suit for return of the architect's fee; the licensing statute itself does not authorize recovery of fees and, moreover, recovery of payments is not necessary to effectuate the policy of the licensing statutes. Howard v. Usiak, 172 Vt. 227, 775 A.2d 909 (2001).

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

History

Former § 123. Former § 123, relating to prosecution, was derived from 1951, No. 165 , § 17.

§ 124. Construction; exemptions.

  1. 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:
      1. a detached single, two-family, three-family, or four-family dwelling, or a shed, storage building, or garage incidental to that dwelling;
      2. a farm building, including barns, silos, sheds, or housing for farm equipment and machinery, livestock, poultry, or storage; or
      3. a pre-engineered building, or a building, plans for which have been stamped or sealed by a licensed professional in the appropriate field.
  2. 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.
  3. 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 incidental to that profession or occupation.

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

History

Source. 1951, No. 165 , § 14.

Amendments--1985 (Adj. Sess.). Section amended generally.

Subchapter 2. Vermont Board of Architects

History

Amendments--1985 (Adj. Sess.). 1985, No. 248 (Adj. Sess.), § 1, deleted "State" preceding "Board of" and "Registration for" thereafter in the subchapter heading.

Cross References

Cross references. Per diem compensation of Board members, see 32 V.S.A. § 1010.

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

  1. A board of architects is created whose official title shall be "Vermont Board of Architects."
  2. 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.
  3. Board members shall be appointed by the Governor pursuant to 3 V.S.A. §§ 129b and 2004.
  4. Each member shall file with the Director of the Office of Professional Regulation the constitutional oath of office.
  5. Vacancies may be filled in the same manner that initial appointments are made.
  6. No member may be appointed to more than two consecutive terms.
  7. [Repealed.]

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

History

Source. 1951, No. 165 , § 2.

Revision note. At the beginning of subsec. (b), omitted "within thirty days after the approval of this act" as obsolete.

Amendments--2005. Rewrote subsec. (c) and repealed subsec. (g).

Amendments--1989 (Adj. Sess.). Subsec. (d): Substituted "director of the office of professional regulation" for "secretary of state".

Amendments--1985 (Adj. Sess.). Section amended generally.

Amendments--1959. Subsec. (b): Added the second sentence.

§ 162. Meetings of Board; quorum.

  1. 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.
  2. 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.
  3. 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.

History

Source. 1951, No. 165 , § 3.

Amendments--2005. Deleted former subsecs. (a), (b), and (d) and redesignated former subsecs. (c), (e), and (f) as present (a), (b), and (c).

Amendments--1985 (Adj. Sess.). Section amended generally.

§ 163. Repealed. 1985, No. 248 (Adj. Sess.), § 1.

History

Former § 163. Former § 163, relating to election and bond of Chair, Vice Chair, and Secretary of the Board, was derived from 1951, No. 165 , §§ 3, 5, and amended by 1959, No. 160 , § 2.

§ 164. Powers and duties of Board generally.

  1. 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.
  2. 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.

History

Source. 1951, No. 165 , § 4.

Amendments--2005 (Adj. Sess.). Rewrote subsec. (b), and deleted subsecs. (c) through (f).

Amendments--1989 (Adj. Sess.). Subsec. (a): Substituted "office of professional regulation" for "office of the secretary of state" in the first sentence of subdiv. (5) and in subdiv. (7).

Subsec. (c): Substituted "director of the office of professional regulation" for "secretary of state" in the first sentence, and "director's" for "secretary's" in the second sentence preceding "comments".

Amendments--1985 (Adj. Sess.). Section amended generally.

Amendments--1983 (Adj. Sess.). Subsec. (c): Repealed.

Cross References

Cross references. Enforcement of subpoenas issued by administrative agencies generally, see 3 V.S.A. § 809a.

Modification of subpoenas or discovery orders issued by administrative agencies, see 3 V.S.A. § 809b.

§ 165. Repealed. 1997, No. 145 (Adj. Sess.), § 31.

History

Former § 165. Former § 165, authorizing per diems and expenses for Board members, was derived from 1951, No. 165 , § 2 and amended by 1964, No. 18 (Sp. Sess.), § 1 and 1985, No. 248 (Adj. Sess.), § 1.

§§ 166-170. Repealed. 1985, No. 248 (Adj. Sess.), § 1.

History

Former §§ 166-170. Former § 166, relating to removal of members of Board of Registration, was derived from 1951, No. 165 , § 2.

Former § 167, relating to the trust fund of the Board, was derived from 1951, No. 165 , § 5, and amended by 1959, No. 160 , § 3; 1975, No. 118 , § 73.

Former § 168, relating to records of the Board, was derived from 1951, No. 165 , § 6.

Former § 169, relating to annual reports, was derived from 1951, No. 165 , § 7.

Former § 170, relating to Attorney General as legal adviser to Board, was derived from 1951, No. 165 , § 17.

Subchapter 3. Licensure

History

Amendments--1985 (Adj. Sess.). 1985, No. 248 (Adj. Sess.), § 1, substituted "Licensure" for "Registration" in the subchapter heading.

§ 201. Qualifications.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.

History

Source. 1951, No. 165 , § 8.

Amendments--1997 (Adj. Sess.) Subsec. (f): Added.

Amendments--1989 (Adj. Sess.). Subsec. (e): Substituted "director of the office of professional regulation" for "secretary of state" in the first sentence.

Amendments--1985 (Adj. Sess.). Section amended generally.

Amendments--1971 (Adj. Sess.). Subsec. (a): Substituted "have attained the age of majority" for "be at least twenty-five years of age" following "applicant shall" in the first sentence of the introductory paragraph.

Amendments--1969. Subsec. (a): Rewrote the former first and second sentences as the first sentence of the introductory paragraph.

Amendments--1959. Subsec. (b): Reenacted without change.

ANNOTATIONS

Analysis

1. Examinations.

Board must prepare only syllabus of examinations and may, if it sees fit, procure preparation of actual examinations by others. 1954-56 Op. Atty. Gen. 312.

Board, assuming its funds are adequate, could procure giving and correcting under its supervision of examinations required by its syllabus by some competent third party. 1954-56 Op. Atty. Gen. 312.

2. Notification of examination results.

Language of subsec. (b) of this section prescribing time period for notification of results of examination is directory, rather than mandatory, in nature, since it provides no suggestion of a remedy for exceeding the time limit. In re Mullestein, 148 Vt. 170, 531 A.2d 890 (1987).

Board's notification of examination results after the time period prescribed in subsec. (b) of this section was valid and lawful. In re Mullestein, 148 Vt. 170, 531 A.2d 890 (1987).

Cited. State v. Brooks, 162 Vt. 26, 643 A.2d 226 (1993).

§ 202. Repealed. 1959, No. 160, § 5.

History

Former § 202. Former § 202, relating to veterans, was derived from 1951, No. 165 , § 18.

§ 203. Corporations; limited liability companies.

  1. The right to practice architecture is a personal right based on the qualities of the individual and evidenced by a nontransferable license.
  2. 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.
  3. 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.

History

Source. 1951, No. 165 , § 13.

Amendments--1997. Added "limited liability companies" following "corporations" in the section heading and inserted "limited liability company" following "corporation" in the beginning of subsecs. (b) and (c).

Amendments--1985 (Adj. Sess.). Section amended generally.

§ 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.

History

Source. 1951, No. 165 , § 11.

Revision note. In the section heading, substituted "Licenses" for "Certificates" for purposes of conformity with the text of the section.

Amendments--1985 (Adj. Sess.). Section amended generally.

§ 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.

History

Source. 1951, No. 165 , § 10.

Amendments--1985 (Adj. Sess.). Section amended generally.

Amendments--1966. Substituted "may" for "will" preceding "be granted".

§ 205a. License renewal.

  1. 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.
  2. 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.
  3. 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.

History

Amendments--2005. In subsec. (a), second sentence, substituted "reinstated" for "renewed" and in subsec. (b), added "before reinstatement may occur" at the end of the first sentence.

§ 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.

History

Source. 1951, No. 165 , § 9.

Revision note. In the section heading, substituted "license" for "certificate" for purposes of conformity with the text of the section, as amended.

Amendments--1985 (Adj. Sess.). Section amended generally.

§ 207. Repealed. 1985, No. 248 (Adj. Sess.), § 1.

History

Former § 207. Former § 207, relating to prohibition against using title of architect without certification, was derived from 1951, No. 165 , § 9. The subject matter is now covered by § 122 of this chapter.

§ 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.

History

Source. 1951, No. 165 , § 12.

Amendments--1985 (Adj. Sess.). Section amended generally.

Cross References

Cross references. Use of seals by corporations, partnerships, associations, or proprietorships, see § 203 of this chapter.

§ 209. Fees.

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

  1. Application for license                                        $ 60.00      (2) Initial license issuance                                       $ 20.00      (3) Biennial renewal                                               $155.00

    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.

History

Source. 1951, No. 165 , § 5.

Amendments--2005 (Adj. Sess.). Made capitalization changes throughout, and substituted "$155.00" for "$120.00" in subdiv. (3).

Amendments--2001 (Adj. Sess.) Subdiv. (1): Substituted "$60.00" for "$40.00".

Subdiv. (3): Substituted "$120.00" for "$110.00".

Amendments--1999 Subdiv. (3): Substituted "$110.00" for "$55.00".

Amendments--1989 (Adj. Sess.). Section amended generally.

Amendments--1967. Section amended generally.

Cross References

Cross references. Exemption of persons 80 years of age and over from payment of license renewal fees, see 32 V.S.A. § 1111.

§ 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.

History

Source. 1951, No. 165 , § 15.

Amendments--1999 Section amended generally.

Amendments--1997 (Adj. Sess.). Deleted former subsec. (a), listing unprofessional conduct by licensees or applicants; in the introductory clause, substituted "means" for "includes" and "conduct" for "actions by a licensee" and added "and the conduct set forth in section 129a of Title 3"; deleted former subdivs. (1) and (2), relating to reports and records and to gross negligence; and made designation changes.

Amendments--1985 (Adj. Sess.). Section amended generally.

§ 211. Repealed. 2005, No. 148 (Adj. Sess.), § 54.

History

Former § 211. Former § 211, relating to discipline of architect licensees, was derived from 1985, No. 248 (Adj. Sess.), § 1 and amended by 1989, No. 250 (Adj. Sess.), §§ 4(d), 7.

§ 212. Repealed. 1989, No. 250 (Adj. Sess.), § 92.

History

Former § 212. Former § 212, relating to accessibility and confidentiality of information, was derived from 1985, No. 248 (Adj. Sess.), § 1.

CHAPTER 5. BARBERS

Sec.

§§ 261-270. Repealed. 1997, No. 40, § 17.

History

Former §§ 261-270. Former § 261, relating to the State Board of Barber Licensing and Examination, was derived from V.S. 1947, § 7024; 1947, No. 202 , § 7126; 1937, No. 195 , § 1, and amended by 1971, No. 184 (Adj. Sess.), § 12.

Former § 262, relating to the compensation of Board members and their clerical assistance and staff, was derived from 1953, No. 70 , § 8; 1951, No. 164 , V.S. 1947, § 7031; 1937, No. 195 , § 8, and amended by 1963, No. 193 , § 4; 1975, No. 118 , § 74.

Former § 263, relating to rules and regulations of the Board, was derived from V.S. 1947, § 7025; 1947, No. 202 , § 7127; 1937, No. 195 , § 2, and amended by 1959, No. 329 (Adj. Sess.), § 27.

Former § 264, relating to licenses generally, was derived from V.S. 1947, § 7027; 1947, No. 202 , § 7129; 1941, No. 173 , § 1; 1937, No. 195 , § 4, and amended by 1973, No. 163 (Adj. Sess.), § 1.

Former § 265, relating to the qualifications for license, was derived from V.S. 1947, § 7028; 1947, No. 202 , § 7130; 1941, No. 173 , § 2; 1937, No. 195 , § 5, and amended by 1973, No. 163 (Adj. Sess.), § 2.

Former § 266, relating to examinations, license fees, and renewals, was derived from 1955, No. 82 ; V.S. 1947, § 7030; 1937, No. 195 , § 7, and amended by 1973, No. 163 (Adj. Sess.), § 3; 1989, No. 250 (Adj. Sess.), § 9; 1991, No. 167 (Adj. Sess.), § 17; 1995, No. 47 , § 22.

Former § 267, relating to registration of employees and apprentices, was derived from V.S. 1947, § 7029; 1937, No. 195 , § 6, and amended by 1989, No. 250 (Adj. Sess.), § 10; 1991, No. 167 (Adj. Sess.), § 18.

Former § 268, relating to penalties for violations of the Board rules and regulations, was derived from V.S. 1947, § 7032; 1937, No. 195 , § 9.

Former § 269, relating to those excepted from the provisions of this chapter, was derived from V.S. 1947, § 7026; 1941, No. 172 ; 1937, No. 195 , § 3.

Former § 270, relating to regulations and licensing of barber schools, was derived from 1967, No. 24 , and amended by 1973, No. 163 (Adj. Sess.), § 4.

The subject matter of former §§ 261-270 is now covered by chapter 6 of this title.

CHAPTER 6. BARBERS AND COSMETOLOGISTS

History

Amendments--2017 (Adj. Sess.). 2017, No. 144 (Adj. Sess.), § 12 added the subchapter 1-3 designations.

Cross References

Cross references. Exemption of person 80 years of age and over from payment of license renewal fees, see 32 V.S.A. § 1111.

Fees for advisor professions, see 3 V.S.A. § 125(b).

Office of Professional Regulation generally, see 3 V.S.A. ch. 5, subch. 3.

Procedure for adoption of administrative rules, see 3 V.S.A. ch. 25.

Review of regulatory laws, see chapter 57 of this title.

Technical training, see 16 V.S.A. ch. 37.

Unprofessional conduct for professions attached to the Office of Professional Regulation, see 3 V.S.A. § 129a.

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:
    1. 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.
    2. Esthetics.
    3. Manicuring.
  3. "Director" means the Director of the Office of Professional Regulation.
  4. "Esthetics" means massaging, cleansing, stimulating, manipulating, beautifying, or otherwise working on the scalp, face, or neck by using cosmetic preparations, antiseptics, tonics, lotions, or creams. "Esthetics" does not include the sale or application of cosmetics to customers in retail stores or customers' homes.
  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 or cosmetology.

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

History

Amendments--2017 (Adj. Sess.) Section amended generally.

Amendments--2005. Subdiv. (7): Inserted "or 'nail technician practice"'.

§ 272. Prohibitions; offenses.

  1. A person shall not practice or attempt to practice barbering or cosmetology or use in connection with the person's name any letters, words, title, or insignia indicating or implying that the person is a barber or cosmetologist unless the person is licensed in accordance with this chapter.
  2. A person who owns or controls a shop or school of barbering or cosmetology shall not permit the practice of barbering or cosmetology unless the shop or school is registered in accordance with this chapter.
  3. A person who violates a provision of this section shall be subject to the penalties provided in 3 V.S.A. § 127 .

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

History

Amendments--2017 (Adj. Sess.) Section heading: Added "; offenses" following "Prohibitions".

Subsec. (a): Substituted "A person shall not" for "No person shall" at the beginning.

Subsec. (b): Substituted "A person" for "No person" at the beginning and inserted "not" following "shall".

Subsec. (c): Added.

§ 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:
    1. patients or residents within a hospital, nursing home, community care home, or any similar facility;
    2. persons who are homebound, disabled, or in a hospice or similar program, or to deceased persons in a funeral home;
    3. 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.

History

Amendments--2017 (Adj. Sess.) Subdiv. (1): Substituted "Director" for "board".

Subdiv. (3)(B): Inserted "or" preceding "in a hospice".

Subdiv. (3)(C): Deleted "occasion" following "special" and substituted ", provided" for "so long as those services are limited to hair styling and makeup and" preceding "the sanitation".

Subdiv. (5): Substituted "Director" for "board".

Subdivs. (6) and (7): Added.

Amendments--2007 (Adj. Sess.) Subdiv. (3)(C): Added.

Amendments--2005. Rewrote subdiv. (3) and deleted subdiv. (6).

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

History

Former § 274, relating to penalties, was derived from 1997, No. 40 , § 16 and amended by 2007, No. 29 , § 17.

Subchapter 2. Administration

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

History

Former § 275, relating to creation of Board, was derived from 1997, No. 40 , § 16 and amended by 2005, No. 27 , § 21.

§ 276. General powers and duties of the Director.

  1. The Director shall:
    1. adopt rules that:
      1. prescribe sanitary and safety standards for shops, schools, and other facilities used for the practice of barbering and cosmetology;
      2. prescribe safe and sanitary practices for the performance of activities related to the practice of barbering and cosmetology;
      3. establish standards for apprenticeships, courses, and examinations to be completed by an applicant for licensure under this chapter;
      4. establish qualifications for licensure under this chapter as:
        1. a barber, provided mandated formal training shall be 750 hours;
        2. a cosmetologist, provided mandated formal training shall be 1,000 hours;
        3. an esthetician, provided mandated formal training shall be 500 hours; and
        4. a nail technician, provided mandated formal training shall be 200 hours; and
        1. 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 (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
        2. 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.
    1. The Director may inspect shops and schools and other places used for the practice of barbering and cosmetology. (b) (1)  The Director may inspect shops and schools and other places used for the practice of barbering and cosmetology.
    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.

History

Amendments--2017 (Adj. Sess.) Substituted "Director" for "board" throughout the section and added subdivs. (a)(1)(D) and (E) and the subdiv. (b)(1)-(3) designations.

§ 276a. Advisor appointees.

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

History

Former §§ 277-280. Former § 277, relating to the barber qualifications, was derived from 1997, No. 40 , § 16 and amended by 1999, No. 133 (Adj. Sess.), § 7; 2001, No. 151 (Adj. Sess.), § 5; and 2005, No. 27 , § 22.

Former § 278, relating to the cosmetologist qualifications, was derived from 1997, No. 40 , § 16 and amended by 2001, No. 151 (Adj. Sess.), § 6; 2005, No. 27 , § 23; and 2007, No. 163 (Adj. Sess.), § 7.

Former § 279, relating to the esthetician qualifications, was derived from 1997, No. 40 , § 16 and amended by 2001, No. 151 (Adj. Sess.), § 7; and 2005, No. 27 , § 24.

Former § 280, relating to the nail technician qualifications, was derived from 1997, No. 40 , § 16 and amended by 2001, No. 151 (Adj. Sess.), § 8; and 2005, No. 27 , § 25.

§ 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.

  1. 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, and preparations relevant to the field of licensure.
  2. 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 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.
  3. 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.

History

Amendments--2017 (Adj. Sess.) Subsec. (a): Substituted "A" for "No" preceding "school of" and inserted "not" preceding "be granted".

Subdiv. (a)(4): Amended generally.

Subsec. (b): Substituted "Director" for "Board" in three places and "Director's" for "Board's" preceding "standards for", and substituted "hours" for "credits" preceding "for licensing" and "shall" for "will" preceding "only be given".

Amendments--2013 (Adj. Sess.). In the section heading, inserted "Postsecondary" at the beginning and substituted "certificate of approval" for "registration" at the end, substituted "a certificate of approval" for "registration" following "shall be granted" in subsec. (a), added subdiv. (a)(1) and redesignated the remaining subdivs. accordingly, and in subsec. (b), substituted "a certificate of approval from" for "certification by" twice and inserted "postsecondary" preceding "schools" and "certified by the Board" at the end.

Amendments--1999 (Adj. Sess.). Subsec. (b): Inserted "and state correctional facilities may offer courses of instruction in barbering without certification by the board" following "by the board".

§ 282. Shop; license.

  1. 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.
  2. The practices of barbering and cosmetology 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.

History

Amendments--2017 (Adj. Sess.) Subsec. (a): Substituted "A shop shall not" for "No shop shall" and "Director" for "board".

Subsec. (b): Substituted "Director" for "board" twice and "chapter" for "title" following "281 of this".

Amendments--2005. Substituted "license" for "registration" in the section heading and in subsec. (a); substituted "cleanliness, sanitation, and safety" for cleaniness and sanitation" in subsec. (a); and substituted "licensed" for "registered" and "sections 273 and 281 of this title and the rules of the board" for "section 281 of this title" in subsec. (b).

§ 283. Examination.

  1. An applicant who is otherwise eligible for licensure and has paid the required fees shall be examined.
    1. The examination for a license shall include both practical demonstrations and written or oral tests in the area of practices for which a license is applied and other related studies or subjects as the Director may determine necessary. (b) (1)  The examination for a license shall include both practical demonstrations and written or oral tests 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.
  2. The Director may limit by rule the number of times a person may take an examination.

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

History

Amendments--2017 (Adj. Sess.) Added the subdiv. (b)(1) and (2) designations and substituted "Director" for "board" once in subdiv. (b)(1) and once in subsec. (c).

§ 284. Issuance of license.

  1. 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.
  2. The Director shall issue a license to the person who owns or controls a shop or school of barbering or cosmetology who has paid the required fee and is in compliance with the rules of the Director and the provisions of this chapter.
  3. 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.

History

Amendments--2017 (Adj. Sess.) Substituted "Director" for "board" twice in subsecs. (a) and (b) and inserted "has" preceding "completed" in subsec. (a) and "place of" preceding "employment" in subsec. (c).

Amendments--2005. Deleted "or registration" following "license" in the section heading and in subsec. (c), and substituted "license" for "registration" in subsec. (b).

§ 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.

History

Amendments--2017 (Adj. Sess.) In the introductory language, substituted "Director" for "board", added "in good standing" following "licensed or certified", and deleted "that the board considers to be" at the end of the paragraph; added the subdiv. (1) designation; and added subdiv. (2).

§§ 286-289. Repealed. 2017, No. 144 (Adj. Sess.), § 12, eff. Jan. 1, 2019.

History

Former §§ 286-289. Former § 286, relating to renewal and reinstatement of license, was derived from 1997, No. 40 , § 16 and amended by 2005, No. 27 , § 28.

Former § 287, relating to fees, was derived from 1997, No. 40 , § 16 and amended by 1999, No. 155 (Adj. Sess.), § 3; 2001, No. 143 (Adj. Sess.), § 21; 2005, No. 27 , § 29; 2005, No. 72 , § 8; 2009, No. 47 , § 8; and 2013, No. 72 , § 1.

Former § 288, relating to unprofessional conduct, was derived from 1997, No. 40 , § 16 and amended by 2005, No. 27 , § 30; and 2011, No. 66 , § 4.

Former § 289, relating to licensure by endorsement, was derived from 2003 No. 60, § 5a and amended by 2005, No. 27 , § 31; and 2007, No. 163 (Adj. Sess.), § 8.

Annotations From Former § 286

1. Expired certificate.

Board may use its sound discretion as to the methods or means that it requires to show fitness of applicant for reinstatement of his license where such license expired more than three years prior to date of application for the renewal. (Decided under prior law.), 1944-46 Op. Atty. Gen. 251.

2. Fees.

Statute does not provide for apportionment of renewal license fees. (Decided under prior law.), 1946-48 Op. Atty. Gen. 297.

Manager's license may be restored without payment of renewal fee upon satisfactory proof of his qualifications to resume his occupation as manager, provided he is licensed operator. (Decided under prior law.), 1938-40 Op. Atty. Gen. 403.

CHAPTER 7. PODIATRY

History

Amendments--1969. 1969, No. 93 , § 10, rewrote the chapter heading.

Cross References

Cross references. Procedure for adoption of administrative rules, see 3 V.S.A. ch. 25.

Review of regulatory laws, see chapter 57 of this title.

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.

History

Source. V.S. 1947, § 6884. 1947, No. 135 , § 1. 1935, No. 184 , § 1. P.L. § 7559. G.L. § 6140. 1917, No. 191 , §§ 2, 11.

Amendments--2011. Subdiv. (1): Inserted "state" preceding "board" and "established by chapter 23 of this title" following "practice".

Subdiv. (2): Inserted "taken" preceding "against"; deleted ", the appellate officer," following "board"; substituted "from that action" for "therefrom" following "appeal" and "or when it" for "and" preceding "includes" and inserted "or an administrative penalty" following "reprimands".

Amendments--1999 (Adj. Sess.). Subdiv. (3): Amended generally.

Amendments--1989 (Adj. Sess.). Subdiv. (2): Substituted "appellate officer" for "appeals panel" following "board, the".

Amendments--1985 (Adj. Sess.). Section amended generally.

Amendments--1969. Substituted "podiatry" for "chiropody" following "practice of" in the first sentence.

ANNOTATIONS

1. Fluoroscopic equipment.

Incidental use of fluoroscopic equipment in connection with fitting of shoes is not necessarily in violation of this section. 1950-52 Op. Atty. Gen. 142.

§ 322. Repealed. 2011, No. 61, § 9, eff. June 2, 2011.

History

Former § 322. Former § 322, relating to podiatrist as member of Board of Medical Practice, was derived from 1969, No. 93 , § 7 and amended by 1985, No. 256 (Adj. Sess.), § 2 and 1993, No. 108 (Adj. Sess.), § 19.

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

History

Former § 323. Former § 323, relating to disposition of fees received by Board, was derived from V.S. 1947, § 6885; P.L. § 7561; G.L. § 6149; 1917, No. 191 , § 3.

§ 324. Prohibitions; penalties.

  1. 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.
  2. 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.
  3. 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.

History

Source. V.S. 1947, § 6896. P.L. § 7572. G.L. § 6150. 1917, No. 191 , §§ 9, 13.

Amendments--2011. Subsec. (c): Substituted "section" for "chapter" preceding "shall"; inserted "imprisoned not more than two years or" preceding "fined"; and substituted "$10,000.00" for "$100.00 for the first offense and not more than $500.00 for each subsequent offense" following "than".

Amendments--1985 (Adj. Sess.). Section amended generally.

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

History

Former § 325. Former § 325, relating to exceptions to application of chapter, was derived from V.S. 1947, § 6895; P.L. § 7571; G.L. § 6148; 1917, No. 191 , § 12 and amended by 1969, No. 93 , § 8.

§ 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

History

Amendments--1985 (Adj. Sess.). 1985, No. 256 (Adj. Sess.), § 13, eff. June 30, 1986, substituted "Licensure" for "Registration" in the subchapter heading.

§§ 361-369. Repealed. 1985, No. 256 (Adj. Sess.), § 14, eff. June 30, 1986.

History

Former §§ 361-369. Former § 361, relating to requirement of registration, was derived from V.S. 1947, § 6886; P.L. § 7562; 1933, No. 157 , § 7174; G.L. § 6141; 1917, No. 191 , § 1 and amended by 1969, No. 93 , § 9. The subject matter is now covered by § 324 of this chapter.

Former § 362, relating to applications for registration, was derived from V.S. 1947, § 6887; P.L. § 7563; 1919, No. 171 ; G.L. § 6142; 1917, No. 191 , §§ 3, 5. The subject matter is now covered by § 370 of this chapter.

Former § 363, relating to minimum qualifications for applicants, was derived from 1951, No. 160 ; V.S. 1947, § 6888; 1947, No. 135 , § 2; 1935, No. 184 , § 2; P.L. § 7564; 1919, No. 171 ; G.L. § 6142; 1917, No. 191 , § 3, 5 and amended by 1969, No. 93 , § 1; and 1971, No. 184 (Adj. Sess.), § 13. The subject matter is now covered by § 371 of this chapter.

Former § 364, relating to examinations, was derived from V.S. 1947, § 6890; P.L. § 7566; G.L. § 6144; 1917, No. 191 , § 6 and amended by 1969, No. 93 , § 2. The subject matter is now covered by § 371 of this chapter.

Former § 365, relating to reexamination, was derived from V.S. 1947, § 6893; P.L. § 7569; G.L. § 6146; 1917, No. 191 , § 5 and amended by 1969, No. 93 , § 3.

Former § 366, relating to revocation of or refusal to issue registration certificate, was derived from V.S. 1947, § 6891; P.L. § 7567; G.L. § 6145; 1917, No. 191 , §§ 7, 8. The subject matter is now covered by § 375 of this chapter.

Former § 367, relating to reissuance of registration certificate or reregistration after revocation, was derived from V.S. 1947, § 6892; P.L. § 7568; G.L. § 6145; 1917, No. 191 , §§ 7, 8. The subject matter is now covered by § 376 of this chapter.

Former § 368, relating to recording of registration certificate, was derived from V.S. 1947, § 6894; P.L. § 7570; G.L. § 6147; 1917, No. 191 , § 10 and amended by 1963, No. 37 , § 9; and 1969, No. 93 , § 4.

Former § 369, relating to registration of nonresident practitioners without examination, was derived from V.S. 1947, § 6889; P.L. § 7565; G.L. § 6143; 1917, No. 191 , § 4 and amended by No. 93, § 5. The subject matter is now covered by § 372 of this chapter.

§ 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. Subdivision (5) effective 60 days after the adoption of the maintenance of licensure rule for podiatrists.  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.

History

Amendments--2019 (Adj. Sess.). Subdiv. (4): Inserted "all required steps of" following "successfully complete"; substituted "National Board of Podiatric Medical Examiners" for "National Board of Podiatry Examiners"; and inserted ", as set forth by the Board by rule" at the end.

Amendments--2011. Subdiv. (5): Added.

Effective date of amendment. 2011, No. 61 , § 12(1) provides that subdiv. (5) shall take effect 60 days after the adoption of the maintenance of licensure rule for podiatrists.

Adoption of rules. 2011, No. 61 , § 10, as amended by 2019, No. 126 (Adj. Sess.), § 7, provides: "The state board of medical practice may adopt maintenance of licensure rules for podiatrists, physicians, and physician assistants."

§ 372. Licensure without examination. Section 372 effective until April 1, 2021; see also section 372 effective April 1, 2021 set out below.

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 such persons if it deems that they have met requirements in the other jurisdiction that are substantially equal to those of this State. The Board may make such rules as are reasonable and necessary for the protection of the public to assure that applicants under this section are professionally qualified.

Added 1985, No. 256 (Adj. Sess.), § 7, eff. June 30, 1986.

§ 372. Licensure without examination. Section 372 effective April 1, 2021; see also section 372 effective until April 1, 2021 set out above.

  1. 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.
    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: (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:
      1. 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
      2. 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.

History

Amendments--2019 (Adj. Sess.). Subsec. (a): Designated existing provisions as subsec. (a), in the second sentence, substituted "that person" for "such persons" and "person has" for "they have", and in the last sentence, substituted "adopt" for "make" and "ensure" for "assure".

Subsec. (b): Added.

§ 373. Renewal of licensure.

  1. 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.
  2. Subsection (b) effective until 60 days after the adoption of the maintenance of licensure rule for podiatrists.  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, after notice and an opportunity for hearing, require reexamination or other conditions of renewal.

    (b) Subsection (b) effective 60 days after the adoption of the maintenance of licensure rule for podiatrists. 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.

  3. 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.
  4. 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.

History

Amendments--2019 (Adj. Sess.). Subsec. (a): Substituted "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" for "in the uniformed services of the United States or as a member of the National Guard, State Guard, or reserve component" in the third sentence and substituted "Board of Medical Practice Regulatory Fee" for "Medical Practice Board Special" in the last sentence.

Subsec. (b): Act No. 126, § 4 inserted "for up to 364 days" following "A license that has lapsed" in the first sentence; added the second sentence; and in the last sentence, inserted "or longer" following "three years" and substituted "or other conditions" for "as a condition" following "reexamination".

Subsec. (b): Act No. 126, § 5 substituted "require the licensee to update his or her knowledge and skills as defined by Board rules" for "after notice and an opportunity for hearing, require reexamination or other conditions of renewal" in the last sentence.

Amendments--2011. Subsec. (a): Rewrote the subsec.

Subsec. (b): Deleted ", after notice and an opportunity for hearing," following "may" in the third sentence and substituted "the licensee to update his or her knowledge and skills as defined by board rules" for "reexamination as a condition of renewal" following "require".

Subsec. (d): Added.

Effective date of amendment. 2011, No. 61 , § 12(1) provides that subsec. (b) shall take effect 60 days after the adoption of the maintenance of licensure rule for podiatrists.

Effective date of prospective amendment to subsection (b). 2019, No. 126 (Adj. Sess.), § 8(c) provides: "Sec. 5 (26 V.S.A. § 373(b)) shall take effect 60 days after the Board's adoption of a maintenance of licensure rule for podiatrists in accordance with 2011 Acts and Resolves No. 61, Sec. 10."

Adoption of rules. 2011, No. 61 , § 10, as amended by 2019, No. 126 (Adj. Sess.), § 7, provides: "The state board of medical practice may adopt maintenance of licensure rules for podiatrists, physicians, and physician assistants."

§ 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.

History

Amendments--2017. Section amended generally.

Amendments--2015. Subdiv. (1): Substituted "$650.00" for "$625.00".

Subdiv. (2): Substituted "$525.00" for "$500.00".

Amendments--2011. Subdiv. (1): Deleted "$565.00, in fiscal year 2009 $600.00, and in fiscal year 2010 and thereafter" following "licensure"; substituted "cost" for "costs", "maintaining the" for "the creation and maintenance of a" preceding "Vermont" and "monitors" for "will monitor" preceding "recovering".

Subdiv. (2): Deleted "$450.00 and in fiscal year 2009 and thereafter" following "renewal"; substituted "cost" for "costs" following "the", "maintaining the" for "the creation and maintenance of a" preceding "Vermont" and "monitors" for "will monitor" preceding "recovering".

Amendments--2007. Subdiv. (1): Substituted "$565.00, in fiscal year 2009 $600.00, and in fiscal year 2010 and thereafter $625.00" for "$500.00" following "licensure".

Subdiv. (2): Added "and in fiscal year 2009 and thereafter $500.00" following "$450.00".

Amendments--2003 (Adj. Sess.). Subdiv. (1): Act No. 163, § 3, substituted "$450.00" for "$400.00" following "licensure".

Subdiv. (2): Act No. 163, § 3, substituted "$400.00" for "$350.00" following "renewal".

Subdiv. (1): Act No. 163, § 3a, substituted "$500.00" for "$450.00" following "licensure".

Subdiv. (2): Act No. 163, § 3a, substituted "$450.00" for "$400.00" following "renewal".

Amendments--1999 Section amended generally.

Amendments--1993 (Adj. Sess.). Subdiv. (1): Substituted "$150.00" for "$125.00".

Subdiv. (2): Substituted "$40.00" for "$25.00".

Subdiv. (3): Substituted "$200.00" for "$125.00".

Amendments--1989 (Adj. Sess.). Section amended generally.

Cross References

Cross references. Exemption of persons 80 years of age and over from payment of license renewal fees, see 32 V.S.A. § 1111.

§ 375. Unprofessional conduct.

  1. [Repealed.]
  2. 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.
  3. Unprofessional conduct includes the following actions by a licensee:
    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:
      1. performance of unsafe or unacceptable patient care; and
      2. 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.
  4. 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.

History

Amendments--2011. Subsec. (a): Repealed.

Subsec. (b): Inserted "and the conduct described in section 1354 of this title" following "conduct".

Subdiv. (b)(1): Substituted "fraud" for "fraudulent procuring" and "misrepresentation in applying for or procuring a podiatry license or in connection with applying for or procuring a periodic renewal of a podiatry license" for "use of a license" following "or".

Subdiv. (c)(3): Rewrote the subdiv. and added subdiv. designations (A) and (B).

Subdiv. (c)(8): Added.

Amendments--2003. Subsec. (d): Substituted "within 30 days of the order, appeal that order to the Vermont supreme court on the basis of the record created before the board" for "appeal in the manner provided under 3 V.S.A. § 130".

Amendments--1989 (Adj. Sess.). Subsec. (d): Substituted " § 130" for " § 114a" at the end of the first sentence and deleted the second sentence.

§ 376. Disposition of complaints.

  1. Complaints and allegations of unprofessional conduct shall be processed in accordance with the rules of procedure of the Board of Medical Practice.
  2. 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.
  3. After giving an opportunity for a hearing, the Board shall take disciplinary action described in subsection 1361(b) of this title against a podiatrist or applicant found guilty of unprofessional conduct.
  4. 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.
  5. 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.

History

Amendments--2011. Subsec. (b): Rewrote the first sentence and in the present second sentence, substituted "shall" for "may" preceding "initiate", "an investigation of" for "disciplinary action in any complaint against" following "initiate" and "when a complaint is received or" for "and" following "podiatrist".

Subsec. (c): Inserted "giving an opportunity for a" preceding "hearing"; deleted "and upon a finding of unprofessional conduct" following "meaning" and substituted "shall take disciplinary action described in subsection 1361(b) of this title against a podiatrist or applicant found guilty of unprofessional conduct" for "may suspend or revoke a license, refuse to issue or renew a license, issue a warning, or limit or condition a license" following "board".

Subsec. (d): Delete ", without limitations," following "include".

Subdiv. (d)(5): Added.

Cross References

Cross references. Board of Medical Practice, see chapter 23, subchapter 2 of this title.

§ 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.

History

Former § 377. Former § 377, relating to accessibility and confidentiality of information, was derived from 1985, No. 256 (Adj. Sess.), § 12 and amended by 1989, No. 250 (Adj. Sess.), § 4(d).

§ 378. Limited temporary licenses.

  1. 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.
  2. 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.
  3. 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.
  4. 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. 1991, No. 236 (Adj. Sess.), § 6.

History

Former §§ 421-423. Former § 421, relating to provisions of law applicable to practitioners, was derived from V.S. 1947, § 6768; P.L. 7493; 1919, No. 172 , § 9.

Former § 422, relating to penalties for illegal practice, was derived from V.S. 1947, § 6769; P.L. 7494; 1919, No. 172 , § 10.

Former § 423, relating to practice after revocation of certificate, was derived from V.S. 1947, § 6770; 1935, No. 183 , § 3.

For present provisions relating to chiropractic, see chapter 10 of this title.

Subchapter 2. State Board of Chiropractic Examination and Registration

§§ 461-464. Repealed. 1991, No. 236 (Adj. Sess.), § 6.

History

Former §§ 461-464. Former § 461, relating to qualifications of members and term of office, was derived from V.S. 1947, § 6757; P.L. 7484; 1933, No. 157 , § 7096; 1919, No. 172 , §§ 1, 2.

Former § 462, relating to meetings of Board, was derived from V.S. 1947, § 6760; P.L. 7487; 1919, No. 172 , § 3.

Former § 463, relating to officers of Board, was derived from V.S. 1947, § 6758; P.L. 7485; 1919, No. 172 , § 3.

Former § 464, relating to duties of Treasurer, was derived from V.S. 1947, § 6759; P.L. 7486; 1933, No. 157 , § 7098; 1919, No. 172 , § 8.

For present provisions relating to chiropractic, see chapter 10 of this title.

Subchapter 3. Licenses

§§ 501-510. Repealed. 1991, No. 236 (Adj. Sess.), § 6.

History

Former §§ 501-510. Former § 501, relating to examination for license, qualifications and fees, was derived from 1957, No. 169 , § 4; V.S. 1947, § 6761; 1943, No. 142 , § 1; P.L. § 7488; 1919, No. 172 , § 3; and amended by 1967, No. 179 ; 1969, No. 44 , § 2; 1971, No. 184 (Adj. Sess.), § 14; and 1989, No. 250 (Adj. Sess.), § 13.

Former § 502, relating to subjects of examination and minimum grades, was derived from V.S. 1947, § 6765; P.L. § 7490; 1919, No. 172 , § 4; and amended by 1959, No. 148 .

Former § 503, relating to re-examination, was derived from V.S. 1947, § 6764; P.L. § 7489; 1919, No. 172 , § 3.

Former § 504, relating to nonresident practitioners, was derived from V.S. 1947, § 6766; 1947, No. 202 , § 6870; P.L. § 7491; 1933, No. 157 , § 7103; 1919, No. 172 , § 5; and amended by 1969 No. 144, § 3 and 1989, No. 250 (Adj. Sess.), § 14.

Former § 505, relating to disciplinary proceedings, was derived from V.S. 1947, § 6762; 1935, No. 182 , § 1; and amended by 1969 No. 144, § 4.

Former § 506, relating to unprofessional conduct was derived from V.S. 1947, § 6763; 1935, No. 183 , § 2; and formerly repealed by 1969, No. 44 , § 5.

Former § 507, relating to reinstatement after suspension of license, was derived from 1957, No. 169 , § 3; and formerly repealed by 1969, No. 44 , § 5.

Former § 508, relating to recording license, was derived from V.S. 1947, § 6767; P.L. § 7492; 1933, No. 157 , § 1704; 1919, No. 172 , § 7; and amended by 1963, No. 37 , § 10; 1967, No. 278 (Adj. Sess.), § 13; and 1989, No. 250 (Adj. Sess.), § 15.

Former § 509, relating to renewal fees, was derived from 1957, No. 169 , § 1; and amended by 1989, No. 250 (Adj. Sess.), § 16 and 1991, No. 167 (Adj. Sess.), § 19.

Former § 510, relating to disposition of fees, was derived from 1957, No. 169 , § 2; and amended by 1969, No. 44 , § 6 and 1989, No. 250 (Adj. Sess.), § 17.

For present provisions relating to chiropractic, see chapter 10 of this title.

CHAPTER 10. CHIROPRACTIC

Cross References

Cross references. Office of Professional Regulation generally, see 3 V.S.A. ch. 5, subch. 3.

Procedure for adoption of administrative rules, see 3 V.S.A. ch. 25.

Review of regulatory laws, see chapter 57 of this title.

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.

History

Revision note. Redesignated subdivs. (3) and (4) as subdivs. (4) and (5) respectively to correct an error.

Amendments--2013. Subdiv. (3): Inserted "and" preceding "neuromuscular".

Amendments--2009. Subdiv. (3): Inserted "including pain relief" after "maintain health".

§ 522. Prohibitions.

  1. 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.
  2. 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.
  3. A person shall not work as a chiropractic intern unless he or she is registered as required by this chapter.
  4. 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.

History

Amendments--2007. Subsec. (d): Substituted "subject to the penalties provided in subsection 127(c) of Title 3" for "imprisoned not more than one year or fined not more than $5,000.00 nor less than $500.00 or both".

§ 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.

History

2013. In subdiv. (3), substituted "physician assistant" for "physician's assistant" and "licensed" for "certified" in accordance with 2013, No. 34 , § 30a.

§ 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.

Cross References

Cross references. Communicable diseases, see 18 V.S.A. ch. 21.

Issuance of death certificates, see 18 V.S.A. § 5202.

Submittal of clinical specimens to State laboratory, see 18 V.S.A. § 501a.

§ 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

Cross References

Cross references. Attachment of Board to Office of Professional Regulation, see 3 V.S.A. § 122.

Per diem compensation of Board members, see 32 V.S.A. § 1010.

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

  1. 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.
  2. 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.

History

Amendments--2005. Subsec. (a): Deleted "appointed by the governor" at the end of the second sentence and added the third sentence.

Subsecs. (c) and (d): Repealed.

§ 528. Board procedures.

  1. 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.
  2. , (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.

History

Amendments--2011 (Adj. Sess.). Subsec. (a): Substituted "chair, vice chair, and secretary" for "chair and a vice chair".

Subsecs. (b) and (c): Repealed.

§ 529. Powers; duties.

  1. 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.
  2. 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.

History

Amendments--2009 (Adj. Sess.) Subsec. (b): Made a minor change in punctuation in subdiv. (5) and added subdiv. (6).

Amendments--1999 (Adj. Sess.). Subdiv. (b)(5): Added.

Amendments--1999 Subsec. (a): Added subdiv. (3)

Subsec. (b): Added "including" following "duties" and added subdivs. (1)-(4).

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.

History

Amendments--2003. Subdiv. (2): Substituted "and approved by the board" for "which requires not less than 4,400 hours as a resident student" following "Education".

Amendments--1999 Subdiv. (2): Added "or submit to the board proof of equivalent education as provided in rules for foreign-trained persons" following "resident student".

Amendments--1993 (Adj. Sess.). Subdiv. (2): Substituted "a chiropractic" for "an" preceding "accrediting".

§ 532. Examinations.

  1. 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.
  2. 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.
  3. 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.

History

Amendments--2011 (Adj. Sess.). Subsec. (a): Added ", or an examination service selected by the board," in the first sentence.

§ 533. License by endorsement.

  1. 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.
  2. The Board may require an applicant under this section to take an examination on the Vermont laws and rules governing the practice of chiropractic.
  3. 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.

History

Amendments--2009 (Adj. Sess.) Subsec. (a): Amended generally.

Amendments--2001 (Adj. Sess.) Rewrote the section.

§ 534. License renewal.

  1. 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.
  2. 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.
  3. 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 1991, No. 236 (Adj. Sess.), § 1; amended 1993, No. 190 (Adj. Sess.), § 4; 2005, No. 27 , § 33; 2011, No. 116 (Adj. Sess.), § 10.

History

Amendments--2011 (Adj. Sess.). Deleted "and reinstatement" from the end of the section heading; and substituted "renewed" for "reinstated" in subsecs. (a) and (b).

Amendments--2005. Inserted "and reinstatement" in the section heading, substituted "reinstated" for "renewed" in the third sentence in subsec. (a), and added "before the license is reinstated" at the end of the first sentence in subsec. (b).

Amendments--1993 (Adj. Sess.). Subsec. (c): Added.

§ 535. Fees.

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

  1. Chiropractors       (A) Application                                                 $  200.00       (B) Biennial renewal                                            $  265.00       (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                                       $   50.00

    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.

History

Amendments--2013 (Adj. Sess.). Subdiv. (1)(B): Substituted "$265.00" for "$365.00".

Amendments--2005 (Adj. Sess.). Subdiv. (1)(B): Substituted "$365.00" for "$265.00".

Amendments--2001 (Adj. Sess.) Subdiv. (1)(A): substituted "$200.00" for "$150.00".

Subdiv. (1)(B): substituted "$265.00" for "$215.00".

Amendments--1999 Subdiv. (1): Substituted "$150.00" for "$50.00" in subdiv. (A), deleted former subdiv. (B), redesignated former subdiv. (C) as present subdiv. (B) and substituted "$215.00" for "$195.00" in that subdiv., and added subdivs. (C)-(E).

Amendments--1993 (Adj. Sess.). Subdiv. (2): Added.

Cross References

Cross references. Exemption of persons 80 years of age and over from payment of license renewal fees, see 32 V.S.A. § 1111.

§ 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.

History

Revision note. The reference to "subdivision (2) of section 521 of this title" was corrected to "subdivision 521(3) of this title".

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.

History

Amendments--2011 (Adj. Sess.). Section amended generally.

Amendments--1999 (Adj. Sess.). Subdiv. (b)(15): Added.

Amendments--1999 Subdiv. (b)(14): Added.

Amendments--1997 (Adj. Sess.). Subsec. (b): Added "the following conduct and the conduct set forth in section 129a of Title 3" to the introductory clause; rewrote subdiv. (4); and deleted six subdivs. listing types of unprofessional conduct and renumbered the remainder.

Cross References

Cross references. Appeal to Office of Professional Regulation from decision of Board, see 3 V.S.A. § 130a.

CHAPTER 11. COSMETICIANS AND HAIRDRESSERS

Cross References

Cross references. Barbers and cosmetologists, see chapter 6 of this title.

Subchapter 1. General Provisions

ANNOTATIONS

1. State agencies .

Provisions of this chapter relating to practice of cosmetology and requiring licenses of operators do not apply to acts of various State agencies pursuant to their statutory duties. 1950-52 Op. Atty. Gen. 308.

§§ 561-566. Repealed. 1993, No. 198 (Adj. Sess.), § 2(b).

History

Former §§ 561-566. Former § 561, relating to definitions, was derived from V.S. 1947, § 6996; 1937, No. 193 , § 1, and amended by 1969, No. 171 (Adj. Sess.), § 3; 1985, No. 154 (Adj. Sess.), § 1.

Former § 562, relating to school of cosmetology, was derived from V.S. 1947, § 6998; 1947, No. 202 , § 7102; 1937, No. 193 § 2.

Former § 563, relating to students, was derived from 1957, No. 259 , § 1; V.S. 1947, §§ 7001, 7002; 1947, No. 137 , §§ 3, 4.

Former § 564, relating to prohibitions, was derived from V.S. 1947, §§ 7015, 7021; 1937, No. 193 , §§ 16, 22.

Former § 565, relating to penalties, was derived from V.S. 1947, § 7022; 1937, No. 193 , § 23.

Former § 566, relating to exemptions, was derived from V.S. 1947, § 7018; 1937, No. 193 , § 19, and amended by 1985, No. 154 (Adj. Sess.), § 2.

The subject matter of former §§ 561-566 is now covered by chapter 6 of this title.

Annotations From Former § 561

1. Electrically heated treatments.

Giving of electrically heated treatments wherein entire body is heated and massaged is not included in definition of cosmetology. 1938-40 Op. Atty. Gen. 396.

2. Wigs.

Wig making is not the practice of cosmetology, and needs no license. 1966-68 Op. Atty. Gen. 198.

Wig styling, cleansing, or setting, when it is not done on the customer's head, does not require a cosmetology license. 1966-68 Op. Atty. Gen. 198.

The cutting, singeing, dressing, curling, waving, cleaning, bleaching, or coloring of a wig while on a customer's head requires a cosmetology license. 1966-68 Op. Atty. Gen. 198.

3. Male patrons.

There are no State statutes or duly enacted regulations prohibiting a licensed cosmetologist from cutting men's hair or practicing any act of cosmetology on a male, and under this section's definition of "cosmetology" such acts are permitted. 1970-72 Op. Atty. Gen. 85.

Annotations From Former § 562

1. Application.

This chapter does not apply to beauty shops operated within limits of Fort Ethan Allen. 1942-44 Op. Atty. Gen. 257.

It is unlawful for demonstrator giving free facials to public (provided such facials come within definition of cosmetology in section 561 of this title) to operate under any circumstances except in duly registered beauty shop or school of cosmetology. 1936-38 Op. Atty. Gen. 461.

2. Manager.

Manager should be in actual charge and responsible for operation of shop and physically present during usual hours of operation. 1938-40 Op. Atty. Gen. 381.

Annotations From Former § 564

1. Teacher.

A physician who is qualified to teach the science of dermatology is not required to be licensed by the Board as he is not an instructor in cosmetology, if he lectures on the medical subject of dermatology. 1962-64 Op. Atty. Gen. 344.

Any physician who is to teach subject of anatomy as part of course in cosmetology must be licensed by Board. 1944-46 Op. Atty. Gen. 250.

2. Demonstrator.

Demonstrator operating in drug stores and beauty shops giving free facials to public (provided such facials come within definition of cosmetology in section 561 of this title) must first obtain license or certificate of registration or be one who comes under exceptions by reason of his having been authorized under laws of State to practice medicine, surgery, dentistry, nursing, embalming, registered nursing, chiropody, osteopathy, or chiropractic. 1936-38 Op. Atty. Gen. 461.

Annotations From Former § 566

1. Barbers.

Under the phrase "all services to males" in this section, barbers may perform hair coloring on males without being subject to the penalties for practicing cosmetology. 1964-66 Op. Atty. Gen. 206.

2. Domestic administration.

"Domestic administration" means doing acts that come within meaning of "practice of cosmetology" in and around household or home, and which acts appertain and are part of ordinary affairs of household. 1936-38 Op. Atty. Gen. 461.

3. Charitable institution.

Cosmetologist employed by charitable institution who practiced cosmetology therein without charge to inmates was not within exception granted by this section. 1936-38 Op. Atty. Gen. 460.

4. Private home.

Woman who uses her bedroom for purpose of waving and paper curling hair for compensation, who holds herself out to public as doing this work, who does it regularly for those who come for such service, and who makes telephone appointments, is not within exception granted by this section. 1936-38 Op. Atty. Gen. 458.

Subchapter 2. State Board of Cosmetology

§§ 601-611. Repealed. 1993, No. 198 (Adj. Sess.), § 2(b).

History

Former §§ 601-611. Former § 601, relating to the creation of the State Board of Cosmetology, was derived from 1953, No. 70 , § 1; 1951,No. 163, § 2; V.S. 1947, § 7003; 1947, No. 202 , § 7105; 1939, No. 205 , § 1; 1937, No. 193 , § 3.

Former § 602, relating to the qualification of Board members, was derived from 1953, No. 70 , § 1; 1951, No. 163 , § 2; V.S. 1947, § 7003; 1947, No. 202 , § 7105; 1939, No. 205 , § 1; 1937, No. 193 , § 3, and amended by 1971, No. 184 (Adj. Sess.), § 15.

Former § 603, relating to compensation, was derived from 1953, No. 70 , § 1; 1951, No. 163 , § 2; V.S. 1947, § 7003; 1947, No. 202 , § 7105; 1939, No. 205 , § 1; 1937, No. 193 , § 3, and amended by 1963, No. 193 , § 3 and 1963, No. 193 , § 7.

Former § 604, relating to the officers of the Board, was derived from V.S. 1947, § 7004; 1937, No. 193 , § 4.

Former § 605, relating to the duties of Treasurer, was derived from V.S. 1947, § 7005; 1947, No. 202 , § 7107; 1939, No. 118 , § 75.

Former § 606, relating to appointment of an inspector, was derived from V.S. 1947, § 7006; 1937, No. 193 , § 6, amended by 1959, No. 329 (Adj. Sess.), § 27 and previously repealed by 1981, No. 108 , § 331(d).

Former § 607, relating to rules and regulations, was derived from V.S. 1947, §§ 7006, 7015; 1937, No. 193 , §§ 6, 16, and amended by 1959, No. 329 (Adj. Sess.), § 27.

Former § 608, relating to meetings for examination, was derived from V.S. 1947, § 7006; 1937, No. 193 , § 6, and amended by 1969, No. 187 (Adj. Sess.), § 1.

Former § 609, relating to quorum, was derived from V.S. 1947, § 7006; 1937, No. 193 , § 6.

Former § 610, relating to records of Board, was derived from V.S. 1947, § 7007; 1937, No. 193 , § 7.

Former § 611, relating to appeal from action of Board, was derived from V.S. 1947, § 7022; 1937, No. 193 , § 23.

The subject matter of former §§ 601-605 is now covered by chapter 6 of this title.

Annotations From Former 607

1. Barbering.

Since cosmetology includes cutting hair, Board may not prohibit barbering in beauty shop under regulation prohibiting use of room "for any other purpose than cosmetology.", 1944-46 Op. Atty. Gen. 249.

2. Vending machines .

Board of Cosmetology is not empowered to restrict persons who hold licenses to practice cosmetology from dispensing Cola-Cola by vending machines on licensed premises. 1948-50 Op. Atty. Gen. 223.

Subchapter 3. Certificates of Registration or Licenses

§§ 651-660. Repealed. 1993, No. 198 (Adj. Sess.), § 2(b).

History

Former §§ 651-660. Former § 651, relating applications for certificates, derived from 1951, No. 163 , § 1; V.S. 1947, § 6997; 1947, No. 202 , § 7101; 1937, No. 193 , § 2.

Former § 652, relating to conditions for issuance of certificate, was derived from V.S. 1947, §§ 6999, 7000; 1947, No. 202 , § 7103; 1945, No. 166 , § 1; 1937, No. 193 , § 2, and amended by 1987, No. 180 (Adj. Sess.), § 1 and 1989, No. 250 (Adj. Sess.), § 4(d).

Former § 653, relating to application for license to practice, was derived from V.S. 1947, § 7008; 1945, No. 166 , § 2; 1937, No. 193 , § 8, and amended by 1981, No. 77 .

Former § 654, relating to qualifications for being licensed, derived from 1951, No. 163 , §§ 3, 4; V.S. 1947, § 7009; 1947, No. 137 , §§ 1, 2; 1945, No. 166 , § 3; 1937, No. 193 , § 9, and amended by 1967, No. 183 , § 1; 1969, No. 171 (Adj. Sess.), § 1; 1985, No. 154 (Adj. Sess.), § 3 and 1989, No. 250 (Adj. Sess.), § 18.

Former § 655, relating to conduction of the examination, was derived from V.S. 1947, §§ 7010, 7011, 7016; 1937, No. 193 , §§ 10, 11, 17, and amended by 1989, No. 250 (Adj. Sess.), § 19.

Former § 656, relating to issuance of the license or certificate after examination, was derived from V.S. 1947, § 7012; 1937, No. 193 , § 12.

Former § 657, relating to issuance of license without examination, was derived from 1957, No. 259 , § 2; 1951, No. 163 , § 5; V.S. 1947, § 7013; 1937, No. 193 , § 13, and amended by 1967, No. 183 , § 2.

Former § 658, relating to expiration of license, was derived from V.S. 1947, § 7019; 1947, No. 202 , § 7121; 1939, No. 205 , § 3; 1937, No. 193 , § 20, and previously repealed by 1989, No. 250 (Adj. Sess.), § 92.

Former § 659, relating to issuance of temporary licenses, was derived from 1957, No. 259 , § 3; V.S. 1947, § 7017; 1947, No. 202 , § 7119; 1945, No. 166 , § 4; 1937, No. 193 , § 18, and amended by 1989, No. 250 (Adj. Sess.), § 21.

Former § 660, relating to refusal, revocation, or suspension of certificates and licenses, was derived from 1951, No. 163 , § 6; V.S. 1947, § 7014; 1937, No. 183 , § 15.

Annotations From Former § 651

1. Fees.

Statute does not provide for apportionment of annual license fees. 1946-48 Op. Atty. Gen. 297.

Annotations From Former § 654

1. Person.

Board cannot grant license to any company or corporation. 1940-42 Op. Atty. Gen. 373.

2. Credit on exam.

Cosmetology Board's rule that anyone required to pass an examination as a condition to licensure shall not receive credit for previous experience as a licensed hairdresser toward a manager's license, is necessary to carry this section's two years experience requirement into effect. 1970-72 Op. Atty. Gen. 102.

Applicant for a manager's license, who was required to pass an operator's examination, could be denied, by Cosmetology Board, credit for experience gained prior to the exam. 1970-72 Op. Atty. Gen. 102.

Annotations From Former § 655

1. Applicant for manager's license.

Applicant for manager's license is not required to submit to an examination. 1938-40 Op. Atty. Gen. 384.

Annotations From Former § 659

1. Second temporary license.

Lapse of time in granting second temporary license after first one is not mandatory, but Board may in its discretion require period of time to elapse in individual cases. 1956-58 Op. Atty. Gen. 200.

§ 661. Redesignated. 1993, No. 198 (Adj. Sess.), § 2(a).

History

Former § 661. Former § 661, relating to fees, was derived from 1951, No. 163 , § 7; V.S. 1947, § 7020; 1945, No. 166 , § 5; 1939, No. 205 , § 4; 1937, No. 193 , § 21; amended by 1967, No. 183 , § 3; 1969, No. 171 (Adj. Sess.), § 2; 1989, No. 250 (Adj. Sess.), § 22; and was redesignated as § 679 of this title by 1993, No. 198 (Adj. Sess.), § 2(a). See chapter 12 of this title for the subsequent repeal of this section.

Annotations From Former § 661

1. Expired certificate.

Board may use its sound discretion as to the methods or means that it requires to show fitness of applicant for reinstatement of his license where such license expired more than three years prior to date of application for the renewal. 1944-46 Op. Atty. Gen. 251.

2. Fees.

Statute does not provide for apportionment of renewal license fees. 1946-48 Op. Atty. Gen. 297.

Manager's license may be restored without payment of renewal fee upon satisfactory proof of his qualifications to resume his occupation as manager, provided he is licensed operator. 1938-40 Op. Atty. Gen. 403.

CHAPTER 12. COSMETOLOGISTS

Cross References

Cross references. Barbers and cosmetologists, see chapter 6 of this title.

Subchapter 1. General Provisions

§§ 662-664. Repealed. 1997, No. 40, § 17.

History

Former §§ 662-664. Former §§ 662-664, relating to the general provisions for cosmetologists, was derived from 1993, No. 198 (Adj. Sess.), § 1.

The subject matter of former §§ 662-664 is now covered by chapter 6 of this title.

Subchapter 2. Board of Cosmetology

§§ 665-667. Repealed. 1997, No. 40, § 17.

History

Former §§ 665-667. Former §§ 665-667, relating to the Board of Cosmetology, was derived from 1993, No. 198 (Adj. Sess.), § 1.

The subject matter of former §§ 665-667 is now covered by chapter 6 of this title.

Subchapter 3. Licenses

§§ 668-681. Repealed. 1997, No. 40, § 17.

History

Former §§ 668-681. Former §§ 668-681, relating to cosmetology licenses, was derived from 1993, No. 198 (Adj. Sess.), § 1.

Prior to repeal, § 679 was amended by 1967, No. 183 , § 3; 1969, No. 171 (Adj. Sess.), § 2; 1989, No. 250 (Adj. Sess.), § 22; and 1993, No. 198 (Adj. Sess.), § 2(a).

The subject matter of former §§ 668-681 is now covered by chapter 6 of this title.

Effective date of repeal. 1997, No. 40 § 17 provided that the repeal of sections 668-672 and 674-681 of this title shall take effect on July 1, 1997 and that the repeal of section 673 of this title shall take effect on Oct. 1, 1997.

CHAPTER 12. DENTISTS, DENTAL THERAPISTS, DENTAL HYGIENISTS, AND DENTAL ASSISTANTS

History

Former chapter 12. Former chapter 12, consisting of §§ 662 through 681, related to cosmetologists, and was derived from 1993, No. 198 (Adj. Sess.), § 1 and repealed by 1997, No. 40 , § 17.

The subject matter of former §§ 662-681 is now covered by chapter 6 of this title.

Amendments--2015 (Adj. Sess.). 2015, Act No. 161 (Adj. Sess.), § 2, eff. June 2, 2016, inserted "Dental Therapists" in the chapter heading.

Cross References

Cross references. Office of Professional Regulation generally, see 3 V.S.A. ch. 5, subch. 3.

Procedure for adoption of administrative rules, see 3 V.S.A. ch. 25.

Review of regulatory laws, see chapter 57 of this title.

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:
    1. 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;
    2. extracts human teeth or corrects malpositions of the teeth or jaws;
    3. 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;
    4. administers general dental anesthetics;
    5. administers local dental anesthetics, except dental hygienists as authorized by Board rule; or
    6. 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:
    1. the direct or indirect oversight of a dental therapist by a dentist, which need not be on-site; or
    2. 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.

History

Amendments--2015 (Adj. Sess.). Added new subdiv. (4); redesignated former subdivs. (4) through (6) as present subdivs. (5) through (7); inserted "to practice as a dental hygienist" following "licensed" in subdiv. (5) and "to practice as a dental assistant" following "registered" in subdiv. (6); and added subdiv. (8).

§ 562. Prohibitions.

  1. 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.
  2. No person may practice as a dentist, dental therapist, or dental hygienist unless currently licensed to do so under the provisions of this chapter.
  3. No person may practice as a dental assistant unless currently registered under the provisions of this chapter.
  4. 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.

History

Amendments--2015 (Adj. Sess.). Subsec. (b): Inserted ", dental therapist," following "dentist".

§ 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:
    1. 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;
    2. serves as an intern in any hospital approved by the Board; or
    3. 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.

  1. 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.
  2. 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.

History

Amendments--2015 (Adj. Sess.). Inserted "dental therapist," following "dentist,".

§ 566. Nondental anesthesia.

  1. 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.
  2. 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

Cross References

Cross references. Attachment of Board to Office of Professional Regulation, see 3 V.S.A. § 122.

Per diem compensation of Board members, see 32 V.S.A. § 1010.

§ 581. Creation; qualifications.

  1. 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.
  2. Board members shall be appointed by the Governor pursuant to 3 V.S.A. §§ 129b and 2004.
  3. 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.

History

2016 The text of subsec. (c) of this section is based on the harmonization of two amendments. During the 2015 Adjourned Session, subsec. (c) of this section was amended twice, by Act Nos. 156 and 161, resulting in two versions of subsec. (c). In order to reflect all of the changes enacted by the General Assembly during the 2015 Adjourned Session, the text of Act Nos. 156 and 161 was merged to arrive at a single version of this subsec. The changes that each of the amendments made are described in amendment notes set out below.

Amendments--2015 (Adj. Sess.). Subsec. (c): Act No. 156 substituted "A member" for "No member", "Board shall not" for "board may", and deleted "nor shall any member of the board be on the faculty of a school of dentistry, dental hygiene, or dental assisting" following "organization".

Act No. 161 substituted "A member" for "No member", "Board shall not" for "board may", inserted "dental therapy" preceding "dental hygiene", and deleted "nor shall any member of the board be on the faculty of a school of dentistry, dental hygiene, or dental assisting" following "organization".

§ 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:
    1. as necessary to carry out the provisions of this chapter;
    2. relating to qualifications of applicants, examinations, and granting and renewal of licenses and registrations;
    3. relating to the granting or renewal of a license to those who do not meet active practice requirements;
    4. setting standards for the continuing education of persons licensed or registered under this chapter;
    5. establishing requirements for licensing dental hygienists with five years of regulated practice experience;
    6. setting educational standards and standards of practice for the administration of anesthetics in the dental office;
    7. for the administration of local anesthetics by dental hygienists, including minimum education requirements and procedures for administration of local anesthetics;
    8. 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
    9. 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.

History

Amendments--2019. Subdiv. (3): Deleted "as set forth in 3 V.S.A. chapter 25" at the end of the introductory language, and in subdiv. (H), substituted "to be known as 'public-health hygienists,' who may" for "with no less than three years of experience by dentists with no less than three years of experience to," and substituted "the settings set forth in section 624 of this chapter" for "public or private schools or institutions".

§ 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:
    1. the American Dental Association has formally recognized the specialty and an appropriate certifying board for the specialty;
    2. the dentist has met the educational requirements and standards set forth by the Commission on Dental Accreditation for the specialty; or
    3. the dentist is a diplomate of the specialty certifying board recognized by the American Dental Association.

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

History

Amendments--2015 (Adj. Sess.). Introductory language: Inserted ", to practice as a dental therapist, or to practice" following "practice dentistry," in the first sentence.

Subdivs. (2) and (6): Inserted "dental therapist," following "dentist,".

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:
    1. a dental college accredited by the Commission on Dental Accreditation of the American Dental Association; or
    2. 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.

History

Amendments--2017 (Adj. Sess.). Subdiv. (2): Added the subdiv. (A) designation and added subdiv. (B).

§ 602. License by endorsement.

  1. 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.
  2. 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:
      1. has been in full-time licensed practice of at least 1,200 hours per year for a minimum of five years preceding the application;
      2. is in good standing in all jurisdictions in which licensed;
      3. has successfully completed an approved emergency office procedures course;
      4. has successfully completed the dentist jurisprudence examination; and
      5. 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.

  1. 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.
  2. Completion of examination.
      1. 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. (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.
      2. 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.
    1. 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.
  3. The Board may grant a license to an applicant who has met the requirements of this section.
  4. 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.

  1. 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.
  2. [Repealed.]

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

History

Amendments--2017. Subsec. (b): Repealed.

§ 613. Practice; scope of practice.

  1. 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.
  2. 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.

  1. 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.
  2. 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.
    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. (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.
    1. A collaborative agreement shall be signed and maintained by the supervising dentist and the dental therapist. (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.
  3. 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.

  1. 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.
  2. 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.

  1. A dental therapist may supervise dental assistants and dental hygienists directly to the extent permitted in the collaborative agreement.
  2. 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.

  1. 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.
  2. 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.

  1. 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.
  2. 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 guidelines adopted by the Board by rule.
    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. (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.

      Added 2011, No. 116 (Adj. Sess.), § 13; amended 2013, No. 27 , § 3; 2019, No. 30 , § 10.

History

Amendments--2019. Subsec. (a): Deleted "the" following "dentist consistent with" in the second sentence.

Subsec. (b): Amended generally.

Amendments--2013. Subdiv. (c)(1): Deleted "for dental hygiene purposes" following "administer".

Subchapter 5. Dental Assistants

§ 641. Registration.

  1. No person shall practice as a dental assistant in this State unless registered for that purpose by the Board.
  2. 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.
  3. 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.

  1. 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.
  2. 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.

  1. Licenses and registrations shall be renewed every two years on a schedule determined by the Office of Professional Regulation.
  2. No continuing education reporting is required at the first biennial license renewal date following licensure.
  3. The Board may waive continuing education requirements for licensees who are on active duty in the U.S. Armed Forces.
  4. 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.
  5. 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.
  6. 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.
  7. 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.

History

Amendments--2015 (Adj. Sess.). Substituted "U.S. Armed Forces" for "armed forces of the United States" in subsec. (c), added new subsec. (e), and redesignated former subsecs. (e) and (f) as present subsecs. (f) and (g).

§ 662. Fees.

  1. Applicants and persons regulated under this chapter shall pay the following fees:
    1. Application
      1. Dentist                                                   $  250.00         (B) Dental therapist                                          $  185.00         (C) Dental hygienist                                          $  175.00         (D) Dental assistant                                          $   70.00
    2. Biennial renewal
      1. Dentist                                                   $  575.00         (B) Dental therapist                                          $  270.00         (C) Dental hygienist                                          $  215.00         (D) Dental assistant                                          $   90.00
  2. 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.

History

Amendments--2019. Subdiv. (a)(1): In subdiv. (A), substituted "$250.00" for "$225.00"; in subdiv. (C), substituted "$175.00" for "$150.00"; and in subdiv. (D), substituted "$70.00" for "$60.00".

Subdiv. (a)(2): In subdiv. (A), substituted "$575.00" for "$355.00"; in subdiv. (B), substituted "$270.00" for "$225.00"; in subdiv. (C), substituted "$215.00" for "$125.00"; and in subdiv. (D), substituted "$90.00" for "$75.00".

Amendments--2015 (Adj. Sess.). Subdivs. (a)(1)(B), (a)(2)(B): Added.

Subsec. (b): Inserted ", dental therapist," following "dentist".

§ 663. Repealed. 2017, No. 144 (Adj. Sess.), § 14.

History

Former § 663. Former § 663, relating to lapsed licenses or registrations, was derived from 2011, No. 116 (Adj. Sess.), § 13.

CHAPTER 13. DENTISTS AND DENTAL HYGIENISTS

Subchapter 1. General Provisions

§§ 721-724. Repealed. 2011, No. 116 (Adj. Sess.), § 12.

History

Former §§ 721-724. Former § 721, relating to the definition of practicing dentistry, was derived from V.S. 1947, § 6790; 1947, No. 202 , § 6894; P.L. § 7514; 1931, No. 129 , § 3; 1921, No. 181 , § 1; G.L. § 6116. 1912, No. 210 , § 6; P.S. § 5394; 1904, No. 135 , § 5. 1898, No. 114 , § 4; V.S. § 4648; 1882, No. 118 , § 6 and amended by 1961, No. 172 , § 1; 1969, No. 81 , § 1; and 2009, No. 35 , § 12.

Former § 722, relating to the operation of a dental office or business, was derived from V.S. 1947, § 6789; P.L. § 7513; 1931, No. 129 , § 7. 1921, No. 181 , § 4 and amended by 1969, No. 81 , § 2 and 1973, No. 46 , § 1.

Former § 723, relating to fraudulent acts, was derived from V.S. 1947, § 6791; P.L. § 7515; 1931, No. 129 , § 3. 1921, No. 181 , § 1; G.L. § 6116; 1912, No. 210 , § 6. P.S. § 5394; 1904, No. 135 , § 5; 1898, No. 114 , § 4. V.S. § 4648; 1882, No. 118 , § 6 and amended by 1969, No. 81 , § 3; 1973, No. 174 (Adj. Sess.), § 5; and 2007, No. 29 , § 19.

Former § 724, relating to the application of chapter, was derived from V.S. 1947, § 6792; P.L. § 7516; 1933, No. 136 , § 1. 1931, No. 129 , § 3; 1921, No. 181 , § 1; G.L. § 6116. 1912, No. 210 , § 6; P.S. § 5394; 1904, No. 135 , § 5. 1898, No. 114 , § 4; V.S. § 4648; 1882, No. 118 , § 6 and amended by 1969, No. 81 , § 4.

Cross References

Cross references. The subject matter of former §§ 721-724 is now covered by chapter 12, subchapter 1 of this title.

Annotations From Former § 721

1. Application.

This section's definition of "dentistry" could not be used to determine scope of exclusion of dental care under insurance policy. Simpson v. State Mutual Life Assurance Co. of America, 135 Vt. 554, 382 A.2d 198 (1977).

§ 725. Repealed. 2007, No. 29, § 77.

History

Former § 725. Former § 725, relating to penalties for dentists and dental hygienists, was derived from 1969, No. 81 , § 5.

Subchapter 2. Board of Dental Examiners

§ 761. Repealed. 2011, No. 116 (Adj. Sess.), § 12.

History

Former § 761. Former § 761, relating to creation and qualifications of the State Board of Dental Examiners, was derived from V.S. 1947, § 6771; P.L. § 7495; G.L. § 6107; 1915, No. 1 , § 156; 1912, No. 210 , § 1; P.S. § 5385; 1904, No. 135 , § 1; V.S. § 4643; 1882, No. 118 , § 1 and amended by 1969, No. 81 , § 6; 1975, No. 159 (Adj. Sess.), § 1; 1977, No. 255 (Adj. Sess.), § 10; 1979, No. 127 (Adj. Sess.), § 1; 1989, No. 2 , § 1; 2005, No. 27 , § 34; and 2009, No. 103 (Adj. Sess.), § 8b. The subject matter is now covered by § 581 of this title.

§ 762. Repealed. 2005, No. 27, § 117(1).

History

Former § 762. Former § 762, relating to officers and annual reports of the State Board of Dental Examiners, was derived from V.S. 1947, § 6772; P.L. § 7496; G.L. § 6108; 1915, No. 1 , § 157; 1912, No. 210 , § 2; P.S. § 5385; R. 1906, § 5259; 1904, No. 135 , § 2; 1898, No. 114 , § 1; V.S. § 4644; 1882, No. 118 , § 2 and amended by 1969, No. 81 , § 7.

§ 763. Repealed. 2011, No. 116 (Adj. Sess.), § 12.

History

Former § 763. Former § 763, relating to meetings, was derived from 1951, No. 157 , § 1. V.S. 1947, § 6773. P.L. § 7497. G.L. § 6108. 1915, No. 1 , § 157. 1912, No. 210 , § 2. P.S. § 5386. R. 1906, § 5259. 1904, No. 135 , § 2. 1898, No. 114 , § 1. V.S. § 4644. 1882, No. 118 , § 2 and amended by 1969, No. 81 , § 8 and 2005, No. 27 , § 35. The subject matter is now covered by § 583 of this title.

§§ 764, 765. Repealed. 1977, No. 255 (Adj. Sess.), § 9.

History

Former §§ 764, 765. Former § 764, relating to record of licensees, was derived from V.S. 1947, § 6774; P.L. § 7498; 1931, No. 129 , § 5.

Former § 765, relating to publication of list of registered dentists and dental hygienists, was derived from V.S. 1947, § 6775; P.L. § 7499; 1931, No. 129 , § 6; 1921, No. 181 , § 3, and amended by 1969, No. 81 , § 9.

§ 766. Repealed. 1969, No. 81, § 10.

History

Former § 766. Former § 766, relating to the duties of the Treasurer, was derived from V.S. 1947, § 6776; 1947, No. 202 , § 6880; P.L. § 7500; G.L. § 6112; 1915, No. 1 , § 158; P.S. § 5390; 1904, No. 135 , § 11.

§ 767. Repealed. 2011, No. 116 (Adj. Sess.), § 12.

History

Former § 767. Former § 767, relating to powers and duties of the Board, was derived from 1977, No. 255 (Adj. Sess.), § 8 and amended by 1993, No. 22 , § 2. The subject matter is now covered by § 582 of this title.

Subchapter 3. Dentists

§§ 801, 802. Repealed. 2011, No. 116 (Adj. Sess.), § 12.

History

Former §§ 801, 802. Former § 801, relating to qualifications for license, was derived from V.S. 1947, § 6777; 1937, No. 191 , § 1; P.L. § 7501. G.L. § 6109; 1917, No. 254 , § 5987; 1912, No. 210 , § 3; P.S. § 5287; 1904, No. 135 , § 3; 1898, No. 114 , § 2; V.S. § 4645; 1882, No. 118 , § 3 and amended by 1961, No. 172 , § 2; 1969, No. 81 , § 11; 1971, No. 184 (Adj. Sess.), § 16; 1989, No. 250 (Adj. Sess.), § 23; 1993, No. 108 (Adj. Sess.), § 2; and 2005, No. 148 (Adj. Sess.), § 6. The subject matter is now covered by chapter 12, subchapter 3 of this title.

Former § 802, relating to examinations, was derived from V.S. 1947, § 6778; 1947, No. 202 , § 6882; P.L. § 7502; G.L. § 6109; 1917, No. 254 , § 5987; 1912, No. 210 , § 3; P.S. § 5387; 1904, No. 135 , § 3; 1898, No. 114 , § 2; V.S. § 4645; 1882, No. 118 , § 3 and amended by 1969, No. 81 , § 12. The subject matter is now covered by chapter 12, subchapter 3 of this title.

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

History

Former § 803. Former § 803, relating to reexamination, was derived from V.S. 1947, § 6779; P.L. § 7503; G.L. § 6109; 1917, No. 254 , § 5987; 1912, No. 210 , § 3; P.S. § 5387; 1904, No. 135 , § 3; 1898, No. 114 , § 2; V.S. § 4645; 1882, No. 118 , § 3.

§§ 804, 805. Repealed. 2011, No. 116 (Adj. Sess.), § 12.

History

Former §§ 804, 805. Former § 804, relating to rules of the Board, was derived from V.S. 1947, § 6780; P.L. § 7504; G.L. § 6109; 1917, No. 254 , § 5987; 1912, No. 210 , § 3; P.S. § 5387. 1904, No. 135 , § 3; 1898, No. 114 , § 2; V.S. § 4645 and 1882, No. 118 , § 3.

Former § 805, relating to licensing of nonresidents, was derived from V.S. 1947, § 6781; P.L. § 7505; G.L. § 6110; 1912, No. 210 , § 4; P.S. § 5388; 1904, No. 135 , § 9 and amended by 1969, No. 81 , § 13; 1989, No. 250 (Adj. Sess.), § 24; 2001, No. 151 (Adj. Sess.), § 9a; and 2009, No. 103 (Adj. Sess.), § 8a.

§§ 806, 807. Repealed. 1977, No. 255 (Adj. Sess.), § 9.

History

Former §§ 806, 807. Former § 806, relating to recording of license in office of Secretary of State, was derived from V.S. 1947, § 6786; P.L. § 7510; 1931, No. 129 , § 2; G.L. § 6114; 1912, No. 210 , § 5; P.S. § 5392; R. 1906, § 5265; 1904, No. 135 , § 7; V.S. § 4650; 1882, No. 118 , § 8, and amended by 1963, No. 37 , § 11; 1967, No. 278 (Adj. Sess.), § 14; and 1969, No. 81 , § 14.

Former § 807, relating to the penalty for failure to record license, was derived from V.S. 1947, § 6787; P.L. § 7511; G.L. § 6115; P.S. § 5393; 1904, No. 135 , § 8; V.S. § 4651; 1882, No. 118 , § 9, and amended by 1969, No. 81 , § 15.

§§ 808-812. Repealed. 2011, No. 116 (Adj. Sess.), § 12.

History

Former §§ 808-812. Former § 808, relating to certificate to licensee removing from State, was derived from V.S. 1947, § 6785; P.L. § 7509; G.L. § 6113; P.S. § 5391; 1904, No. 135 , § 10 and amended by 1969, No. 81 , § 16 and 1989, No. 250 (Adj. Sess.), § 25.

Former § 809, relating to disciplinary proceedings, was derived from V.S. 1947, § 6788; 1937, No. 192 , § 1; P.L. § 7512. 1931, No. 129 , § 3; 1921, No. 181 , § 1; G.L. § 6116. 1912, No. 210 , § 6; P.S. § 5394; 1904, No. 135 , § 5. 1898, No. 114 , § 4; V.S. § 4648; 1882, No. 118 , § 6 and amended by 1969, No. 81 , § 17; 1977, No. 255 (Adj. Sess.), § 1; 1989, No. 250 (Adj. Sess.), § 4(d); and 1997, No. 145 (Adj. Sess.), § 35.

Former § 810, relating to renewal of license, was derived from 1955, No. 91 ; V.S. 1947, § 6782; P.L. § 7506; 1933, No. 157 , § 7118; 1931, No. 129 , § 1; G.L. § 6111; P.S. § 5389; 1904, No. 135 , § 6 and amended by 1969, No. 81 , § 18; 1975, No. 118 , § 76; 1977, No. 255 (Adj. Sess.), § 2; 1989, No. 250 (Adj. Sess.), § 26; 1991, No. 167 (Adj. Sess.), § 20; No. 237 (Adj. Sess.); 1999, No. 49 , § 172; 2003, No. 70 (Adj. Sess.), § 17; 2005, No. 72 , § 9; 2005, No. 148 (Adj. Sess.), § 7; and 2009, No. 103 (Adj. Sess.), § 9. The subject matter is now covered by § 661 of this title.

Former § 811, relating to certification of registration and forms, was derived from V.S. 1947, § 6783; P.L. § 7507; 1931, No. 129 , § 1. G.L. § 6111; P.S. § 5389; 1904, No. 135 , § 6 and amended by 1969, No. 81 , § 19; 1975, No. 245 (Adj. Sess.), § 1; and 2005, No. 148 (Adj. Sess.), § 8.

Former § 812, relating to lapsed licenses and fee exemption, was derived from V.S. 1947, § 6784; P.L. § 7508; 1931, No. 129 , § 1. G.L. § 6111; P.S. § 5389; 1904, No. 135 , § 6 and amended by 1969, No. 81 , § 20; 1977, No. 255 (Adj. Sess.), § 3; 1989, No. 250 (Adj. Sess.), § 27; 1991, No. 167 (Adj. Sess.), § 22; 1999, No. 133 (Adj. Sess.), § 11; 2003, No. 70 (Adj. Sess.), § 18; and 2005, No. 27 , § 36.

Annotations From Former § 809

1. Constitutionality.

Section 864(b), which states that diagnosis, treatment planning, and prescription may not be delegated to a dental assistant, and this section are sufficiently clear to inform the ordinary person that a dentist must personally examine a patient complaining of pain to determine the cause of the disorder, and not delegate such a task to a dental assistant with only a subsequent consultation between the assistant and the dentist in another area of the building. The statute is not unconstitutionally vague. It is not necessary, or possible, for a statute that regulates a professional field to detail each and every act that is prohibited. Braun v. Board of Dental Examiners, 167 Vt. 110, 702 A.2d 124 (1997).

2. Standard of care.

There was sufficient evidence for the Board of Dental Examiners to find that respondent's failure to examine his patient after surgery, despite repeated complaints of discomfort, and instead, allowing his assistant to examine the patient, determine the nature of the problem, and modify her dentures, amounted to a gross violation of the standard of care. Braun v. Board of Dental Examiners, 167 Vt. 110, 702 A.2d 124 (1997).

3. Notice.

Where respondent, a dentist, was charged with violating the statutory standard of care "when he allowed his dental assistant" to perform certain duties, and the charges were filed directly against respondent, separate charges being brought against his dental assistant, this was sufficient to inform respondent that his role in complainant's care, including adequacy of care, and not merely the actions of his assistant, would be scrutinized by the Board of Dental Examiners. Braun v. Board of Dental Examiners, 167 Vt. 110, 702 A.2d 124 (1997).

§ 813. Repealed. 1993, No. 108 (Adj. Sess.), § 21.

History

Former § 813. Former § 813, relating to appeals from Board decisions, was derived from 1977, No. 255 (Adj. Sess.), § 4 and amended by 1989, No. 250 (Adj. Sess.), § 4(d). The subject matter is now covered by 3 V.S.A. § 130a.

Subchapter 4. Dental Hygienists

§ 851. Repealed. 2011, No. 116 (Adj. Sess.), § 12.

History

Former § 851. Former § 851, relating to examination and certificate, was derived from 1951, No. 157 , § 2; V.S. 1947, § 6793; P.L. § 7517; 1931, No. 129 , § 4; 1921, No. 181 , § 2 and amended by 1961, No. 172 , § 3; 1969, No. 81 , § 21; and 2005, No. 148 (Adj. Sess.), § 9. The subject matter is now covered by § 621 of this title.

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

History

Former § 852. Former § 852, relating to reexaminations, was derived from V.S. 1947, § 6795; P.L. § 7519; 1931, No. 129 § 4; 1921, No. 181 , § 2.

§§ 853, 854. Repealed. 2011, No. 116 (Adj. Sess.), § 12.

History

Former §§ 853, 854. Former § 853, relating to certificate without examination, was derived from V.S. 1947, § 6796; P.L. § 7520; 1931, No. 129 , § 4. 1921, No. 181 , § 2 and amended by 1961, No. 172 , § 4; 1969, No. 81 , § 22; and 2005, No. 148 (Adj. Sess.), § 10. The subject matter is now covered by §§ 622 and 623 of this title.

Former § 854, relating to practice, was derived from 1949, No. 179 ; V.S. 1947, § 6794; P.L. § 7518; 1931, No. 129 , § 4; 1921, No. 181 , § 2 and amended by 1969, No. 81 , § 23; 1971, No. 142 (Adj. Sess.); 1977, No. 255 (Adj. Sess.), § 5; 1993, No. 22 , § 1; and 2007, No. 163 (Adj. Sess.), § 9. The subject matter is now covered by § 624 of this title.

§ 855. Repealed. 1969, No. 81, § 24.

History

Former § 855. Former § 855, relating to penalties, was derived from V.S. 1947, § 6797; P.L. § 7521; 1931, No. 129 , § 4; 1921, No. 181 , § 2.

§ 856. Repealed. 2011, No. 116 (Adj. Sess.), § 12.

History

Former § 856. Former § 856, relating to certificate to licensee removing from State, was derived from 1969, No. 81 , § 25.

Subchapter 5. Dental Assistants

§§ 861-867. Repealed. 2011, No. 116 (Adj. Sess.), § 12.

History

Former §§ 861-867. Former § 861, relating to definitions, was derived from 1973, No. 46 , § 2 and amended by 1973, No. 267 (Adj. Sess.), § 3; 1989, No. 250 (Adj. Sess.), § 4(d); and 1993, No. 22 , § 3.

Former § 862, relating to qualifications, was derived from 1973, No. 46 , § 2 and amended by 1977, No. 255 (Adj. Sess.), § 6. The subject matter is now covered by § 641 of this title.

Former § 863, relating to registration, was derived from 1973, No. 46 , § 2 and amended by 1989, No. 250 (Adj. Sess.), §§ 4(d), 92. The subject matter is now covered by § 641 of this title.

Former § 864, relating to practice, was derived from 1973, No. 46 , § 2 and amended by 1977, No. 255 (Adj. Sess.), § 7. The subject matter is now covered by § 642 of this title.

Former § 865, relating to revocation of registration, was derived from 1973, No. 46 , § 2.

Former § 866 was previously reserved for future use.

Former § 867, relating to renewal and fees, was derived from 1989, No. 250 (Adj. Sess.), § 28 and amended by 1991, No. 167 (Adj. Sess.), § 21; 1999, No. 49 , § 173; and 2003, No. 70 (Adj. Sess.), § 19. The subject matter is now covered by chapter 12, subchapter 6 of this title.

Annotations From Former § 864

1. Constitutionality.

Section 809(a)(21), which declares that a dentist licensed in Vermont will be held to the degree of care and skill of the ordinarily skillful, careful, and prudent dentist engaged in similar practice under the same or similar conditions, and § 864(b) are sufficiently clear to inform the ordinary person that a dentist must personally examine a patient complaining of pain to determine the cause of the disorder, and not delegate such a task to a dental assistant with only a subsequent consultation between the assistant and the dentist in another area of the building. The statute is not unconstitutionally vague. It is not necessary, or possible, for a statute that regulates a professional field to detail each and every act that is prohibited. Braun v. Board of Dental Examiners, 167 Vt. 110, 702 A.2d 124 (1997).

2. Adjustment to dentures.

In a dental disciplinary hearing, although respondent contended that 26 V.S.A. § 864(a) allowed his dental assistant to perform "any intraoral task" as long as the assistant acted under his direct supervision, this passage had to read in conjunction with § 864(b), which precluded the assistant from making an adjustment to an "immediate," or temporary, denture based on evaluation of the patient's healing progress. Braun v. Board of Dental Examiners, 167 Vt. 110, 702 A.2d 124 (1997).

CHAPTER 15. ELECTRICIANS AND ELECTRICAL INSTALLATIONS

History

Effective date. 1969, No. 284 (Adj. Sess.), § 4, provided that section 3 of the act, which added this chapter, was to take effect when the Electricians' Licensing Board adopted regulations under 26 V.S.A. § 891, as enacted, at which time any regulations adopted under authority of the statutory provisions deleted under section 3 of the act were to terminate.

Cross References

Cross references. Procedure for adoption of administrative rules, see 3 V.S.A. ch. 25.

Review of regulatory laws, see chapter 57 of this title.

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.

History

2019. In subdiv. (7), substituted "selectboard" for "board of selectmen" in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Amendments--2005 (Adj. Sess.) Subdiv. (9): Substituted "department of labor" for "department of employment and training".

Amendments--2005. Subdiv. (3): Substituted "subdivision 2900(8) of Title 20" for "21 V.S.A. § 271(3)".

Amendments--2003 (Adj. Sess.). Subdiv. (2): Substituted "public safety" for "labor and industry".

Amendments--2003. Subdiv. (9): Substituted "employment and training" for "labor and industry" following "department of".

Amendments--1987 (Adj. Sess.). Section amended generally.

§ 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.

History

Amendments--1987 (Adj. Sess.). Subdiv. (1): Substituted "regardless of" for "notwithstanding" preceding "the location of such electrical".

Subdiv. (4): Added "on owner-occupied farms" following "purposes".

Amendments--1983 (Adj. Sess.). Subdiv. (1): Added "nor to the installation, operation, repair and wiring associated with telecommunication services and equipment used for the transmission of information by electricity notwithstanding the location of such electrical installations, equipment or facilities" following "authorized service".

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.

History

Amendments--1987 (Adj. Sess.). Rewrote the first sentence.

§ 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.

History

Amendments--1987 (Adj. Sess.). Deleted "and regulations" following "rules".

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

  1. 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
      1. Temporary - $30.00.
      2. Permanent - 1 phase and 3 phase through 400 amp - $35.00.
      3. Permanent - 401 to 800 amp - $50.00.
      4. Permanent - 801 amp and larger - $100.00.
    2. Transformers
      1. 1 to 25 KVA - $10.00 each.
      2. 26 to 75 KVA - $15.00 each.
      3. 76 to 200 KVA - $25.00 each.
      4. Over 200 KVA - $35.00 each.
    3. Motors and Generators
      1. Up to 5 hp, KW, KVA - $10.00 each.
      2. 5 to 25 hp, KW, KVA - $10.00 each.
      3. 25 to 100 hp, KW, KVA - $15.00 each.
      4. Over 100 hp, KW, KVA - $25.00 each.
    4. Other electrical work
      1. Each panel and feeder after the main disconnect - $35.00.
      2. Outlets for receptacles, switches, fixtures, electric baseboard (per 50 units or portion thereof) - $20.00.
      3. Yard lights signs - $5.00 each.
      4. Fuel oil, kerosene, LP, natural gas, and gasoline pumps - $15.00 each.
      5. Boilers, furnaces, and other stationary appliances - $10.00 each.
      6. Elevators - $75.00 each.
      7. Platform lifts - $40.00 each.
      8. Fire alarm initiating, signaling, and associated devices (per 50 units or portions thereof) - $30.00.
      9. Fire alarm main panel and annunciator panels - $50.00 each.
      10. Fire pumps - $50.00.
    5. Reinspection fee. For each reinspection for code violations, there will be a fee of $125.00.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.

History

Revision note. Substituted "county court" for "court of chancery" in the second sentence of subsec. (b) pursuant to 1971, No. 185 (Adj. Sess.), § 236(d). See note set out under 4 V.S.A. § 219.

Amendments--2009 (Adj. Sess.) Subsec. (a): Substituted "$40.00" for "$30.00" in the second sentence.

Subdiv. (a)(4)(A): Substituted "$35.00" for "$10.00".

Subdiv. (a)(5): Substituted "$125.00" for "$35.00".

Amendments--2001. Subsec. (a): Amended generally.

Amendments--1999 Subsec. (a): Amended generally.

Amendments--1991 (Adj. Sess.). Subsec. (a): Rewrote the second sentence.

Amendments--1987 (Adj. Sess.). Section amended generally.

Amendments--1983 (Adj. Sess.). Subsec. (c): Added.

Amendments--1973 (Adj. Sess.). Subsec. (b): Act No. 146 inserted "or has been" preceding "installed" in the first sentence.

Act No. 193 substituted "superior court" for "county court" preceding "on application" in the second sentence.

Cross References

Cross references. Inspections by private corporations, see § 899 of this chapter.

Municipal inspections of electrical installations, see § 898 of this chapter.

§ 894. Energizing installations.

  1. 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.
  2. 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.

History

Amendments--1987 (Adj. Sess.). Section amended generally.

§ 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.

History

Amendments--1987 (Adj. Sess.). Section amended generally.

§ 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.

History

Amendments--1987 (Adj. Sess.). Section amended generally.

Cross References

Cross references. Issuance of orders for compliance by municipal inspectors, see § 898 of this chapter.

§ 897. Administrative penalties; enforcement; liability.

  1. 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.
  2. 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.
  3. 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.

History

Amendments--1987 (Adj. Sess.). Added "administrative" preceding "penalties" in the section heading, amended subsec. (a) generally, deleted "or regulation" following "violation of any rule" in the first sentence and substituted "commissioner's authority to assess an administrative penalty" for "prosecution" following "restrict the" and deleted "of a person violating such rule or regulation" following "this section" in the second sentence of subsec. (b), and deleted "or regulation" preceding "adopted under" in subsec. (c).

Amendments--1973. (Adj. Sess.). Subsec. (b): Substituted "superior court" for "county court" preceding "for the county" in the first sentence.

Cross References

Cross references. Penalties generally, see § 911 of this chapter.

§ 898. Municipal inspection.

  1. 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.
  2. 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.
  3. 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.
    1. If, after inspection of the electrical installation, a violation of the rules of the Board is found, a municipal inspector may: (d) (1)  If, after inspection of the electrical installation, a violation of the rules of the Board is found, a municipal inspector may:
      1. 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;
      2. withdraw validation of the work notice; or
      3. 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.
  4. Acceptance of an assignment of responsibility under this section shall not preclude a municipality from conducting its own electrical inspection program.
  5. 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.
  6. 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.
  7. 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.
  8. 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.

History

Amendments--2019 (Adj. Sess.). Subsec. (b): Deleted "shall apply to municipal inspections under this section" at the end.

Amendments--2003 (Adj. Sess.). Subsec. (h): Substituted "public safety" for "labor and industry" in the first sentence.

Amendments--1987 (Adj. Sess.). Section amended generally.

§ 899. Private inspections.

  1. 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.
  2. 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.
  3. A person authorized to perform private inspections under this section shall:
    1. participate in State-sponsored training programs;
    2. file monthly reports with the Commissioner containing the number and type of inspections, electrical installations, violations for that month, and the license numbers of the electrical contractors performing work;
    3. permit electrical inspectors to perform random inspections of the applicant's facility;
    4. pay the Department an annual flat fee.  The amount of the fee shall be negotiated by the Department and the applicant and shall take into consideration the cost to the applicant of conducting private inspections.  The fee shall not exceed the fee established under section 893 of this title.
  4. 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. Section 901 effective until April 1, 2021; see also section 901 effective April 1, 2021 set out below.

  1. A Board for the licensing of electricians is created, to be known as the "Electricians' Licensing Board."
  2. 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. The four appointed members shall serve for terms of three years, beginning 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. 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.

    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.

History

Amendments--2005. Subsec. (b): Substituted "public safety" for "labor and industry".

Amendments--1993 (Adj. Sess.). Subsec. (b): Substituted "and four" for "the commissioner of public safety or a member of that department designated by the commissioner, and three" preceding "persons" in the first sentence, substituted "four" for "three" preceding "appointed" and inserted "one person associated with the public electrical utility industry who is knowledgeable in technical as well as operational issues of the electrical utility industry" following "journeyman electrician" in the second sentence and substituted "two" for "one" preceding "appointed" and "members' terms" for "member's term" thereafter in the third sentence.

Amendments--1987 (Adj. Sess.). Subsec. (b): Substituted "a" for "another" in two places and deleted "other" preceding "persons appointed" in the first sentence, deleted "rating" preceding "industry" in the second sentence, and rewrote the third sentence.

Amendments--1971. Subsec. (c): Amended generally.

§ 901. Electricians' Licensing Board; membership; powers. Section 901 effective April 1, 2021; see also section 901 effective until April 1, 2021 set out above.

  1. Creation.  A board for the licensing of electricians is created, to be known as the "Electricians' Licensing Board."
  2. 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.
  3. Continuing education; sunset review.
    1. Not less than once every five years, the Board shall review electricians' continuing education or other continuing competency requirements. The review results shall be in writing and address the following:
      1. the renewal requirements for electricians;
      2. the renewal requirements in other jurisdictions, particularly in the Northeast region;
      3. the cost of the renewal requirements for electricians;
      4. an analysis of the utility and effectiveness of the renewal requirements with respect to public protection; and
      5. 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; 2019, No. 152 (Adj. Sess.), § 11, eff. April 1, 2021; 2019, No. 178 (Adj. Sess.), § 36, eff. July 1, 2021.

History

Amendments--2019 (Adj. Sess.). Section heading: Act No. 152 added "membership; powers".

Subsec. (a): Subsec. (a): Act No. 152 added the subsec. heading.

Subsec. (b): Act Nos. 152 and 178 added the subdiv. (1) and (2) designations and made minor stylistic changes. Act No. 152 also added the subsec. heading.

Subsec. (c): Act No. 152 redesignated former subsec. (c) as subdiv. (b)(3) and added present subsec. (c).

Amendments--2005. Subsec. (b): Substituted "public safety" for "labor and industry".

Amendments--1993 (Adj. Sess.). Subsec. (b): Substituted "and four" for "the commissioner of public safety or a member of that department designated by the commissioner, and three" preceding "persons" in the first sentence, substituted "four" for "three" preceding "appointed" and inserted "one person associated with the public electrical utility industry who is knowledgeable in technical as well as operational issues of the electrical utility industry" following "journeyman electrician" in the second sentence and substituted "two" for "one" preceding "appointed" and "members' terms" for "member's term" thereafter in the third sentence.

Amendments--1987 (Adj. Sess.). Subsec. (b): Substituted "a" for "another" in two places and deleted "other" preceding "persons appointed" in the first sentence, deleted "rating" preceding "industry" in the second sentence, and rewrote the third sentence.

Amendments--1971. Subsec. (c): Amended generally.

§ 902. Master electricians.

  1. 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.
  2. 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.
  3. 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.

History

Amendments--1987 (Adj. Sess.). Section amended generally.

Amendments--1979 (Adj. Sess.). Subsec. (a): Deleted "a license as a master electrician which shall be publicly displayed at his principal place of business as long as he continues in the electrical wiring business, and" following "receive" in the second sentence.

Amendments--1973 (Adj. Sess.). Subsec. (c): Added.

Amendments--1971. Subsec. (a): Substituted "any" for "a" preceding "person" and inserted "or who has had sufficient experience in or out of this state acceptable to the board" following "years" in the first sentence.

§ 903. Journeyman electricians.

  1. 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.
  2. 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.
  3. 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.

History

Amendments--2019 (Adj. Sess.). Subdiv. (a)(2): Substituted "outside" for "without" following "within or".

Amendments--1987 (Adj. Sess.). Section amended generally.

Amendments--1979 (Adj. Sess.). Subsec. (a): Deleted "a license as a journeyman electrician and" following "receive" in the second sentence.

Amendments--1971. Subsec. (a): Inserted "or experience in or out of this state" preceding "acceptable" in the first sentence.

§ 904. Type-S journeyman electrician.

  1. 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:
      1. automatic gas or oil heating;
      2. outdoor advertising;
      3. refrigeration or air conditioning;
      4. appliance and motor repairs;
      5. well pumps;
      6. farm equipment;
      7. any miscellaneous specified area of specialized competence.
  2. 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.

History

Amendments--1987 (Adj. Sess.). Section amended generally.

Amendments--1979 (Adj. Sess.). Subsec. (b): Deleted "also" preceding "receive" in the first sentence.

Amendments--1971. Subsec. (a): Reenacted without change.

§ 905. Application; examinations and fees. Section 905 effective until July 1, 2021; see also section 905 effective July 1, 2021 set out below.

  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. 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.
  2. 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.
  3. An applicant who fails the examination may, upon payment of the required fee, retake the examination.
  4. Three-year electrical license fees shall be:   For a masters license (initial and renewal)                    $150.00;       For a journeyman's license (initial                                             and renewal)                                                 $115.00;       For a type-S journeyman's license (initial and                                  renewal) per field                                           $115.00;       The fee for a certificate for framing shall be:                $ 10.00.
  5. 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.
  6. The fee for replacement of a lost or damaged license shall be: $20.00.
  7. Subsection (g) effective April 1, 2021.  Pursuant to qualifications and procedures determined by the Commissioner, the Board shall, upon request, waive application fees for qualified military members and military spouses.

    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.

History

Amendments--2019 (Adj. Sess.) Subsec. (g): Added.

Amendments--2009 (Adj. Sess.) Subsec. (d): Amended generally.

Amendments--2001. Subsec. (d): Substituted "$120.00" for "$90.00" following "masters license (initial and renewal)", "$90.00" for "$60.00" following "journeyman's license (initial and renewal)", and "$90.00" for "$60.00" following "per field."

Subsec. (f): Added.

Amendments--1999 Subsec. (a): Added the third sentence.

Subsec. (e): Added.

Amendments--1991 (Adj. Sess.). Subsec. (d): Amended generally.

Amendments--1987 (Adj. Sess.). Section amended generally.

Amendments--1979 (Adj. Sess.). Rewrote the second sentence as the second and third sentences.

Cross References

Cross references. Exemption of persons 80 years of age and over from payment of license renewal fees, see 32 V.S.A. § 1111.

ANNOTATIONS

1. Nonresidents.

Nonresidents may take the same examinations as residents; the qualifications are the same for both. 1970-72 Op. Atty. Gen. 149.

§ 905. Application; examinations, education, and fees. Section 905 effective July 1, 2021; see also section 905 effective until July 1, 2021 set out above.

    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. (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.

    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.

  1. 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.
  2. An applicant who fails the examination may, upon payment of the required fee, retake the examination.

    (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.

    (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.

    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.
      1. The education module for initial licensure shall provide general information regarding the State's energy goals.
      2. 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.

      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.

Three-year electrical license fees shall be: for a masters license (initial and renewal) $150.00; for a journeyman's license (initial and renewal) $115.00; for a type-S journeyman's license (initial and renewal) per field $115.00. The fee for a certificate for framing shall be: $ 10.00.

History

2020 Subsec. (h) was originally enacted as subsec. (g) by 2019, No. 178 (Adj. Sess.), § 36 but was redesignated as subsec. (h) to avoid conflict with subsec. (g) as enacted by 2019, No. 152 , § 12.

Amendments--2019 (Adj. Sess.). Section heading: Act No. 178 inserted "education" following "examinations".

Subsec. (a): Act No. 178 added the subdiv. (1) and (2) designations.

Subsec. (d): Act No. 178 added the subdiv. (1)(A)-(C) and (2) designations.

Subsec. (g): Added by Act No. 152.

Subsec. (h): Added by Act No. 178.

§ 906. Examinations not required. Section 906 effective until April 1, 2021; see also section 906 effective April 1, 2021 set out below.

  1. 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.
  2. 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.
  3. Except as otherwise provided by law, a journeyman's license shall be issued to a service member or veteran who:
    1. submits a complete application and any documentation required by the Board;
    2. has received designation by the U.S. Armed Forces as a 12R Electrician or equivalent; and
    3. has completed a minimum of 8,000 hours and four years of active duty field work as a 12R Electrician or equivalent.
  4. As used in this section:
    1. "Service member" means an individual who is an active member of:
      1. the U.S. Armed Forces;
      2. a reserve component of the U.S. Armed Forces;
      3. the U.S. Coast Guard; or
      4. 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.

History

Amendments--2017 (Adj. Sess.). Section amended generally.

Amendments--1987 (Adj. Sess.). Section amended generally.

§ 906. Examinations not required. Section 906 effective April 1, 2021; see also section 906 effective until April 1, 2021 set out above.

  1. 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.
    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. (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.
      1. 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.
      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 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.

    Uniform process for endorsement from other states.

  2. Except as otherwise provided by law, a journeyman's license shall be issued to a service member or veteran who:
    1. submits a complete application and any documentation required by the Board;
    2. has received designation by the U.S. Armed Forces as a 12R electrician or equivalent; and
    3. has completed a minimum of 8,000 hours and four years of active duty field work as a 12R electrician or equivalent.
  3. As used in this section:
    1. "Service member" means an individual who is an active member of:
      1. the U.S. Armed Forces;
      2. a reserve component of the U.S. Armed Forces;
      3. the U.S. Coast Guard; or
      4. 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.

History

Amendments--2019 (Adj. Sess.). Subsec. (a): Added the subsec. heading.

Subsec. (b): Added the subdiv. (1) designation and heading, and added subdiv. (2).

§ 907. Recognition of experience. Section 907 effective until April 1, 2021; see also section 907 effective April 1, 2021 set out below.

  1. 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.
  2. 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:
    1. experience as a 12R electrician or equivalent in the U.S. Armed Forces; and
    2. other experience or prior qualifications.

      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.

History

Amendments--2017 (Adj. Sess.). Section amended generally.

Amendments--1987 (Adj. Sess.). Deleted the subsec. (a) designation at the beginning of the section and repealed subsec. (b).

Amendments--1973 (Adj. Sess.). Subsec. (a): Designated existing provisions of the section as subsec. (a) and added subsec. (b).

§ 907. Recognition of experience. Section 907 effective April 1, 2021; see also section 907 effective until April 1, 2021 set out above.

  1. 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.
    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: (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:
    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.

    experience as a 12R electrician or equivalent in the U.S. Armed Forces; and

    other experience or prior qualifications.

    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. (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.

History

Amendments--2019 (Adj. Sess.). Subsec. (b): Added the subdiv. (1) designationi, redesignated former subdivs. (1) and (2) as subdivs. (1)(A) and (1)(B), and added subdiv. (2).

Subsec. (c): Added.

§ 908. Expiration and renewal of licenses; continuing education.

  1. 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.
  2. 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.

History

Amendments--2003. Subsec. (b): Added the exception at the end of the second sentence.

Amendments--2001 (Adj. Sess.) Subsec. (b): Added the last sentence.

Amendments--1991 (Adj. Sess.). Subsec. (a): Substituted "three" for "two" preceding "years" in the second sentence.

Subsec. (b): Deleted "Beginning January 1, 1989" preceding "all journeyman" and substituted "36-month" for "24-month" preceding "period" in the first sentence, and deleted the second sentence.

Amendments--1987 (Adj. Sess.). Section amended generally.

Amendments--1979 (Adj. Sess.). Substituted "the last day of a month designated by the board" for "December 31 following issuance" following "expire on" in the first sentence, added a new second sentence, and inserted "per year" following "$25.00", following "$15.00" and following "$10.00" in the third sentence.

§ 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.

History

Revision note. Deleted subsec. designation preceding the introductory paragraph for purposes of conformity with V.S.A. style.

Amendments--2009 (Adj. Sess.) Subdiv. (7): Added.

Amendments--1987 (Adj. Sess.). Subdiv. (3): Amended generally.

Subdiv. (4): Added the second sentence.

Amendments--1973 (Adj. Sess.). Subdiv. (6): Substituted "two" for "three" preceding "dwelling units".

§ 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.

History

Amendments--1987 (Adj. Sess.). Substituted "$500.00" for "$200.00" preceding "for each offense".

Prior law. 26 V.S.A. § 910a.

Cross References

Cross references. Administrative penalties, see § 897 of this chapter.

ANNOTATIONS

Cited. Hayes v. Harwood, 141 Vt. 308, 448 A.2d 799 (1982).

§ 912. Repealed. 1987, No. 274 (Adj. Sess.), § 24.

History

Former § 912. Former § 912, relating to special examinations for 180 days following effective date of chapter, was derived from 1969, No. 284 (Adj. Sess.), § 3.

§ 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.

History

Amendments--1999 Section amended generally.

Amendments--1975. Section amended generally.

Prior law. 26 V.S.A. § 910c.

§ 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.

History

Amendments--1987 (Adj. Sess.). Section amended generally.

Prior law. 26 V.S.A. § 910d.

§ 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.

History

Amendments--2003 (Adj. Sess.). Substituted "public safety" for "labor and industry".

Amendments--1999 Deleted the second sentence.

Amendments--1979 (Adj. Sess.). Deleted the third sentence.

Prior law. 26 V.S.A. § 910e.

CHAPTER 17. EMBALMERS

History

2019. For current law regarding the professional regulation of funeral services, see chapter 21 of this title.

Subchapter 1. General Provisions

§§ 931-934. Repealed. 2009, No. 35, § 41(a).

History

Former §§ 931-934. Former § 931, relating to embalming fluids and compounds, was derived from 1953, No. 9 , § 2; V.S. 1947, § 6929; P.L. § 7064. 1927, No. 109 , § 2 and amended by 1959, No. 329 (Adj. Sess.), § 27.

Former § 932, relating to suspicious cases, was derived from V.S. 1947, § 6927; P.L. § 7602; 1927, No. 109 , § 1. 1923, No. 117 , § 3; G.L. § 6169; 1910, No. 216 , § 7. P.S. § 5431; 1902, No. 118 , §§ 5, 6. For present provisions see § 1277 of this title.

Former § 933, relating to prohibitions generally, was derived from V.S. 1947, § 6928; P.L. § 7603; 1933, No. 157 , § 7215; 1927, No. 109 , § 1; 1923, No. 117 , § 3; G.L. §§ 6169, 6170; 1917, No. 254 , § 6038; 1910, No. 216 , §§ 5, 7, 8. P.S. § 5431; 1902, No. 118 , §§ 5, 6 and amended by 1969, No. 239 (Adj. Sess.), § 1; and 1999, No. 52 , § 10.

Former § 934, relating to penalties, was derived from V.S. 1947, § 6930; P.L. § 7605; 1923, No. 117 , § 4. G.L. § 6171; 1910, No. 216 , § 9 and amended by 1965, No. 194 , § 1, operative Feb. 1, 1967; 1969, No. 239 (Adj. Sess.), § 2; 1973, No. 249 (Adj. Sess.), § 83, eff. April 9, 1974; 1995, No. 138 (Adj. Sess.), § 4; and 2007, No. 29 , § 20.

Subchapter 2. Board of Funeral Service

§ 951. Repealed. 2009, No. 35, § 41(a).

History

Former § 951. Former § 951, relating to qualifications of members; oath; term; removal, was derived from V.S. 1947, § 6917. P.L. § 7592. 1925, No. 110 . G.L. § 6163. 1915, No. 1 , § 203. 1910, No. 216 , § 1 and amended by 1973, No. 236 (Adj. Sess.), § 3; 1991, No. 219 (Adj. Sess.), § 1; and 1999, No. 133 (Adj. Sess.), § 12.

§ 952. Repealed. 1999, No. 133 (Adj. Sess.), § 13.

History

Former § 952. Former § 952, relating to officers, was derived from V.S. 1947, § 6918; P.L. § 7593; G.L. § 6164; 1917, No. 254 , § 6032; 1915, No. 1 , § 204; 1910, No. 216 , §§ 2, 6, and amended by 1995, No. 138 (Adj. Sess.), § 5.

§ 953. Repealed. 2009, No. 35, § 41(a).

History

Former § 953. Former § 953, relating to duties of Board generally, was derived from V.S. 1947, §§ 6918, 6920; P.L. §§ 7593, 7595; G.L. §§ 6164, 6165; 1917, No. 254 , § 6032; 1915, No. 1 , § 204. 1910, No. 216 , §§ 2, 3, 6.

§ 954. Repealed. 1969, No. 239 (Adj. Sess.), § 16.

History

Former § 954. Former § 954, relating to Treasurer's duties, was derived from V.S. 1947, § 6919; P.L. § 7594; 1923, No. 117 , § 7; G.L. § 6164; 1917, No. 254 , § 6032; 1915, No. 1 , § 204; 1910, No. 216 , §§ 2, 6.

Subchapter 3. Licenses

§§ 991-998. Repealed. 2009, No. 35, § 41(a).

History

Former §§ 991-998. Former § 991, relating to application and qualifications, was derived from V.S. 1947, §§ 6921, 6922; P.L. §§ 7596, 7597; 1929, No. 114 . 1925, No. 111 ; 1923, No. 117 , §§ 1, 2; G.L. §§ 6166, 6167; 1917, No. 254 , § 6034; 1910, No. 216 , §§ 4, 5 and amended by 1969, No. 239 (Adj. Sess.), § 3; 1971, No. 184 (Adj. Sess.), § 17; 1973, No. 236 (Adj. Sess.), § 1; 1981 No. 227 (Adj. Sess.), § 5; 1989, No. 250 (Adj. Sess.), §§ 29, 30; and 1997, No. 40 , § 19.

Former § 992, relating to examinations, was derived from V.S. 1947, § 6923; 1947, No. 202 , § 7027; P.L. § 7598; G.L. § 6168; 1910, No. 216 , §§ 6, 10; P.S. §§ 5428, 5429, 5430, 5432; R. 1906, § 5302; 1902, No. 118 , §§ 1-4, 7 and amended by 1969, No. 239 (Adj. Sess.), § 4.

Former § 993, relating to issuance of license; registration, was derived from V.S. 1947, § 6924; P.L. § 7599; G.L. § 6168; 1910, No. 216 , §§ 6, 10; P.S. §§ 5428, 5429, 5430, 5432; R. 1906, § 5302; 1902, No. 118 , §§ 1-4, 7 and amended by 1969, No. 239 (Adj. Sess.), § 5; 1989, No. 250 (Adj. Sess.), § 31; and 2007, No. 76 , § 3.

Former § 994, relating to record of license, was derived from V.S. 1947, § 6926; P.L. § 7601; 1933, No. 157 , § 7213; G.L. § 6168; 1910, No. 216 , §§ 6, 10; P.S. §§ 5428, 5429, 5430, 5432; R. 1906, § 5302; 1902, No. 118 , §§ 1-4, 7 and amended by 1969, No. 239 (Adj. Sess.), § 6.

Former § 995, relating to revocation of license, was derived from V.S. 1947, § 6925; P.L. § 7600; G.L. § 6168; 1910, No. 216 , §§ 6, 10; P.S. §§ 5428, 5429, 5430, 5432; R. 1906, § 5302; 1902, No. 118 , §§ 1-4, 7 and amended by 1969, No. 239 (Adj. Sess.), § 7; and 1997, No. 145 (Adj. Sess.), § 36.

Former § 996, relating to renewal of license; fees, was derived from V.S. 1947, §§ 6931-6933; P.L. §§ 7606-7608; 1923, No. 117 , § 5 and amended by 1959, No. 224 , §§ 1, 2; 1969, No. 239 (Adj. Sess.), § 8; 1989, No. 250 (Adj. Sess.), § 32; 1991, No. 167 (Adj. Sess.), § 23; No. 219 (Adj. Sess.), § 2; 1995, No. 138 (Adj. Sess.), § 6; 1997, No. 40 , § 20; No. 59, § 52; 1999, No. 49 , § 174; 2007, No. 76 , § 2; and 2007, No. 163 (Adj. Sess.), § 9a.

Former § 997, relating to town clerks' records, was derived from V.S. 1947, § 6934; P.L. § 7609; 1923, No. 117 , § 5.

Former § 998, relating to report of violations, was derived from V.S. 1947, § 6935; P.L. § 7610; 1923, No. 117 , § 6.

CHAPTER 19. PROPERTY INSPECTORS

History

Former chapter 19. Former chapter 19, relating to professional engineers, was repealed by 1983, No. 188 (Adj. Sess.), § 1. The subject matter is now covered by chapter 20 of this title.

Cross References

Cross references. Attachment of profession to Office of Professional Regulation, see 3 V.S.A. § 122.

Office of Professional Regulation generally, see 3 V.S.A. ch. 5, subch. 3.

Procedure for adoption of administrative rules, see 3 V.S.A. ch. 25.

Review of regulatory laws, see chapter 57 of this title.

Unprofessional conduct for professions attached to the Office of Professional Regulation, see 3 V.S.A. § 129a.

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.

  1. 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.
  2. 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.

  1. 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.
  2. 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.

  1. 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.
  2. 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.
  3. 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.

  1. 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:
      1. heating systems;
      2. cooling systems;
      3. plumbing systems;
      4. electrical systems;
      5. structural components;
      6. foundations;
      7. roof coverings;
      8. exterior and interior components; and
      9. 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.]
  2. 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.

History

Amendments--2015. Section amended generally.

§ 1092. License renewal.

  1. 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.
  2. A license that has lapsed may be renewed upon payment of the biennial renewal fee and the late renewal penalty.
  3. 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.

Cross References

Cross references. Exemption of persons 80 years of age and over from payment of license renewal fees, see 32 V.S.A. § 1111.

CHAPTER 20. PROFESSIONAL ENGINEERING

History

Revision note. This chapter, which was enacted as chapter 19 of this title, was redesignated as chapter 20 to avoid conflict with former chapter 19 of this title.

Cross References

Cross references. Office of Professional Regulation generally, see 3 V.S.A. ch. 5, subch. 3.

Procedure for adoption of administrative rules, see 3 V.S.A. ch. 25.

Review of regulatory laws, see chapter 57 of this title.

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:
    1. a licensed professional engineer;
    2. a person who deals in goods and services that are uniquely related to the practice of engineering; or
    3. a person who has invested anything of value in a business that provides engineering services.
  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.

History

Amendments--2013. Section amended generally.

Amendments--2009. Subdiv. (4): Deleted subdiv. (A) and the subdiv. (B) designation.

Amendments--1991 (Adj. Sess.). Subdiv. (4)(A): Inserted "certified engineer" following "licensed engineer".

§ 1162. Prohibition; enforcement.

  1. No person shall engage in the practice of professional engineering in this State unless the person is licensed under or exempt from this chapter.
  2. 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.
  3. 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.

History

Amendments--2013. Subsec. (a): Inserted "in this State" following "engineering".

Subsec. (b): Inserted ", including 'Professional Engineer," 'P.E.,' 'PE' or 'P.Eng.,'" following "insignia" and deleted the former second sentence.

Subsec. (c): Added the present first sentence.

Amendments--2009. Section amended generally.

Amendments--2007. Subsec. (a): Substituted "the person" for "he" in the first sentence and "subject to the penalties provided in subsection 127(c) of Title 3" for "fined not more than $1,000.00 or imprisoned not more than 30 days, or both, for each occurrence" in the second sentence.

§ 1163. Exemptions.

  1. 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.
  2. Other professions.  Section 1162 of this chapter does not prohibit acts constituting the practice of any other legally recognized profession or occupation.
  3. 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.
  4. , (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.

History

Reference in text. The Communications Act of 1934, referred to in subdiv. (a)(5), is codified as 47 U.S.C. § 151 et seq.

2017. In subdiv. (a)(5), substituted "Public Utility Commission" for "Public Service Board" in accordance with 2017, No. 53 , § 12.

Amendments--2013. Section amended generally.

Amendments--2009. Deleted former subdiv. (a)(5); redesignated former subdivs. (a)(6) to (a)(8) as present subdivs. (a)(5) to (a)(7); and repealed subsec. (e).

Amendments--2001 (Adj. Sess.) Subdiv. (a)(4): Rewrote the subdiv.

Subsec. (b): Inserted "of this title" following "Section 1162" and deleted "including the activity of site technicians licensed by the agency of natural resources" at the end of the subsec.

Amendments--1995 (Adj. Sess.) Subdiv. (c)(5): Added.

Amendments--1991 (Adj. Sess.). Subsec. (d): Repealed.

Amendments--1987. Subsec. (b): Substituted "agency of natural resources" for "agency of environmental conservation".

Effective date of 2002 amendment to subsec. (b). 2001, No. 133 (Adj. Sess.), § 13 provides that § 11 of that act, which repeals reference to site technicians, shall take effect 30 months after the effective date of rules adopted by the Secretary under 10 V.S.A. § 1978(a)(12) (governing designer licenses). The effective date of these rules is January 1, 2005.

Subchapter 2. Board of Professional Engineering

Cross References

Cross references. Attachment of Board to Office of Professional Regulation, see 3 V.S.A. § 122.

Per diem compensation of Board members, see 32 V.S.A. § 1010.

§ 1171. Board of Professional Engineering.

  1. 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.
  2. 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.
  3. Five members of the Board shall be licensed professional engineers:
    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.
  4. 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.

History

Amendments--2013. Section amended generally.

Amendments--2007 (Adj. Sess.) Deleted the former first sentence of subsec. (d), and repealed subsec. (e).

Amendments--2007. Subdiv. (c)(3): Deleted the subdiv. (A) designation and deleted subdiv. (B).

Amendments--2005 (Adj. Sess.). Subsec. (b): Added the first and second sentences.

Amendments--2005. Rewrote subsec. (b) and repealed subsecs. (f) and (g).

Amendments--1989 (Adj. Sess.). Subsec. (a): Substituted "office of professional regulation" for "office of the secretary of state" in the second sentence.

§ 1172. Powers and duties.

  1. 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.
  2. 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.
  3. The Board may:
    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.

History

Amendments--2013. Section amended generally.

Amendments--1999 Subsec. (b): Deleted former subdiv. (4) and redesignated former subdiv. (5) as present subdiv. (4).

Amendments--1989 (Adj. Sess.). Subsec. (b): Substituted "office of professional regulation" for "office of the secretary of state" in subdiv. (2) and in the first sentence of subdiv. (4).

Cross References

Cross references. Enforcement of subpoenas issued by administrative agencies generally, see 3 V.S.A. § 809a.

Modification of subpoenas or discovery orders issued by administrative agencies, see 3 V.S.A. § 809b.

§§ 1173-1175. Repealed. 2013, No. 27, § 16.

History

Former § 1173. Former § 1173, relating to the functioning of the Board, was derived from 1983, No. 188 (Adj. Sess.), § 2.

Former § 1174. Former § 1174, relating to hearings, was derived from 1983, No. 188 (Adj. Sess.), § 2.

Former § 1175. Former § 1175, relating to the enforcement or modification of a subpoena or order of the Board, was derived from 1983, No. 188 (Adj. Sess.), § 2.

§ 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 $ 100.00
  2. Application for engineer intern certificate $  50.00
  3. Biennial license renewal $ 150.00
  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.

History

Amendments--2019. Subdiv. (1): Substituted "$100.00" for "$80.00".

Subdiv. (3): Substituted "$150.00" for "$100.00".

Amendments--2013 (Adj. Sess.). Subdiv. (3): Substituted "$100.00" for "$80.00".

Amendments--2013. Subdiv. (1): Inserted "or application to add additional specialty discipline" following "license".

Subdiv. (3): Inserted "license" preceding "renewal".

Amendments--2009. Substituted "$ 80.00" for "$ 100.00" in subdivs. (1) and (3).

Amendments--2007. Subdiv. (4): Deleted.

Amendments--2005 (Adj. Sess.). Subdiv. (3): Substituted "$100.00" for "$85.00".

Amendments--2001 (Adj. Sess.) Subdiv. (3): Substituted "$85.00" for "$75.00".

Amendments--1999 Subdiv. (3): Substituted "$75.00" for "$60.00".

Amendments--1997 Section amended generally.

Amendments--1993 (Adj. Sess.). Substituted "intern" for "in training" preceding "certificate" in subdivs. (3) and (4).

Amendments--1991 (Adj. Sess.). Subdiv. (7): Added.

Amendments--1989 (Adj. Sess.). Section amended generally.

Cross References

Cross references. Exemption of persons 80 years of age and over from payment of license renewal fees, see 32 V.S.A. § 1111.

Subchapter 3. Licensing and Specialty Certifications

§ 1181. Repealed. 2013, No. 27, § 16.

History

Former § 1181. Former § 1181, relating to license and specialty certificates, was derived from 1983, No. 188 (Adj. Sess.), § 2 and amended by 1993, No. 108 (Adj. Sess.), § 4.

§ 1181a. Engineer interns.

  1. 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.
  2. 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.
  3. 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.
  4. 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.

History

Former § 1181a. Former § 1181a, relating to transient practice for professional engineers, was derived from 1991, No. 167 (Adj. Sess.), § 26 and was previously repealed by 2005, No. 27 , § 117(1).

§ 1182. Repealed. 2013, No. 27, § 16.

History

Former § 1182. Former § 1182, relating to licensing standards, was derived from 1983, No. 188 (Adj. Sess.), § 2 and amended by 1991, No. 167 (Adj. Sess.), § 27; 1993, No. 108 (Adj. Sess.), § 5; and 1997, No. 40 , § 21.

§ 1182a. Licensing standards.

  1. 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.
  2. 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:
      1. satisfactorily completes a bachelor's level engineering curriculum accredited by the Accreditation Board for Engineering and Technology (ABET);
      2. attains a passing score set by Board rule on a fundamentals of engineering examination recognized by Board rule;
      3. 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;
      4. 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
      5. 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:
      1. satisfactorily completes a bachelor's level curriculum in a technical field related to engineering and master's level engineering curriculum accredited by ABET;
      2. attains a passing score on a fundamentals of engineering examination recognized by Board rule;
      3. 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;
      4. 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
      5. 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:
      1. satisfactorily completes a bachelor's level engineering technology curriculum accredited by ABET;
      2. attains a passing score on a fundamentals of engineering examination recognized by Board rule;
      3. 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;
      4. 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
      5. 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:
      1. attains a passing score on a fundamentals of engineering examination recognized by Board rule;
      2. 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;
      3. 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
      4. 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:
      1. 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;
      2. 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
      3. satisfies all requirements set forth in the Board's rules.
    6. Alternate route to licensure.  A professional engineering license may be issued to a person who:
      1. attains a passing score on a fundamentals of engineering examination recognized by Board rule;
      2. 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;
      3. 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
      4. satisfies all requirements set forth in the Board's rules.

        Added 2013, No. 27 , § 11.

§ 1182b. License and specialty disciplines.

  1. 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.
  2. 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.
  3. Licenses issued under this chapter shall be renewed biennially.

    Added 2013, No. 27 , § 12.

§ 1183. License renewal.

  1. 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.
  2. 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.
  3. [Repealed.]

    Added 1983, No. 188 (Adj. Sess.), § 2; amended 2013, No. 27 , § 13.

History

Amendments--2013. Section heading: Substituted "License" for "Right to".

Subsec. (a): Substituted "Licenses" for "Specialty certificates" preceding "shall" at the beginning of the first sentence.

Subsec. (b): Substituted "license" for "specialty certificate".

Subsec. (c): Repealed.

§§ 1184-1186. Repealed. 2013, No. 27, § 16.

History

Former § 1184. Former § 1184, relating to the procedure for denial of license and refusal to renew, was derived from 1983, No. 188 (Adj. Sess.), § 2.

Former § 1185. Former § 1185, relating to an engineer intern, was derived from 1983, No. 188 (Adj. Sess.), § 2 and amended by 1991, No. 167 (Adj. Sess.), § 28; 1993, No. 108 (Adj. Sess.), § 6; and 1993, No. 190 (Adj. Sess.), § 7.

Former § 1186. Former § 1186, relating to corporations and limited liability companies, was derived from 1983, No. 188 (Adj. Sess.), § 2 and amended by 1997, No. 40 , § 12.

§ 1187. Repealed. 2009, No. 103 (Adj. Sess.), § 53.

History

Former § 1187. Former § 1187, relating to Secretary of State as agent for process for professional engineers, was derived from 1983, No. 188 (Adj. Sess.), § 2.

§ 1188. Seal.

  1. Each licensee shall obtain a seal of a design approved by the Board by rule.
  2. Plans, specifications, reports, and other instruments of service issued by a licensee shall be signed and sealed by the licensee.
  3. 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.

History

Amendments--2013. Section amended generally.

Subchapter 4. Discipline

§ 1191. Unprofessional conduct.

  1. Unprofessional conduct is the conduct prohibited by this section, by 3 V.S.A. § 129a , or by other statutes relating to engineering.
  2. [Repealed.]
  3. Unprofessional conduct includes any of the following actions by a licensee:
    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.

History

Amendments--2013. Section heading: Deleted "Grounds for denial, refusal;" preceding "Unprofessional conduct".

Subsec. (b): Repealed.

Subdiv. (c)(1): Inserted "the timely" preceding "request" and substituted "instruments of service" for "documents" twice, and "paid for" for "purchased".

Subdiv. (c)(2): Substituted "sealing instruments of service for" for "stamping a design or plan with", "in responsible charge" for "familiar", and "an instrument" for "a design or plan".

Subdiv. (c)(3): Repealed.

Subdiv. (c)(7): Substituted "supervise adequately employees and subordinates under the licensee's responsible charge" for "adequately supervise employees" and deleted "or" at the end.

Subdivs. (c)(9) through (12): Added.

Amendments--1997 (Adj. Sess.). Subsec. (a): Inserted "by section 129a of Title 3".

Subsec. (b): Rewrote the subsec., which had listed specific examples of unprofessional conduct.

Subsec. (c): Deleted three subdivs. listing types of unprofessional conduct and made related designation changes.

Amendments--1989 (Adj. Sess.). Subdiv. (c)(11): Added.

ANNOTATIONS

1. Construction.

In resolving grievance of State employee ordered to sign permit certification that he believed contained untrue statements, Labor Relations Board did not err in refusing to consider employee's ethical obligations under canons of professional engineering; canons were not relevant to employee's responsibility to sign certification since employee's position did not require a professional engineering license, and it was employee's supervisors who had ultimate responsibility and authority to interpret technical standards and determine whether a permit application was in compliance. In re Robins, 169 Vt. 377, 737 A.2d 370 (1999).

§§ 1192, 1193. Repealed. 2013, No. 27, § 16.

History

Former § 1192. Former § 1192, relating to discipline of licensees, was derived from 1983, No. 188 (Adj. Sess.), § 2.

Former § 1193. Former § 1193, relating to fees; witnesses and sheriffs, was derived from 1983, No. 188 (Adj. Sess.), § 2.

§ 1194. Repealed. 1989, No. 250 (Adj. Sess.), § 92.

History

Former § 1194. Former § 1194, relating to accessibility and confidentiality of disciplinary records, was derived from 1983, No. 188 (Adj. Sess.), § 2.

CHAPTER 21. FUNERAL SERVICES

History

Amendments--2017 (Adj. Sess.) 2017, No. 144 (Adj. Sess.), § 15, substituted "Services" for "Directors" in the chapter heading.

Cross References

Cross references. Attachment of profession to Office of Professional Regulation, see 3 V.S.A. § 122.

Office of Professional Regulation generally, see 3 V.S.A. ch. 5, subch. 3.

Procedure for adoption of administrative rules, see 3 V.S.A. ch. 25.

Review of regulatory laws, see chapter 57 of this title.

Subchapter 1. General Provisions

§ 1211. Definitions.

  1. As used in this chapter, unless a contrary meaning is required by the context:
    1. "Crematory establishment" means a business registered with the Office conducted at a specific street address or location devoted to the disposition of dead human bodies by means of cremation, alkaline hydrolysis, or any other type of human reduction acceptable to the Director as established by the Director by rule.
    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:
      1. meeting with the public to select a method of disposition or funeral observance and merchandise;
      2. entering into contracts, either at-need or pre-need, for the provision of dispositions, funeral observances, and merchandise;
      3. arranging, directing, or performing the removal or transportation of a dead human body;
      4. securing or filing certificates, permits, forms, or other documents;
      5. supervising or arranging a funeral, memorial, viewing, or graveside observance;
      6. 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.
  2. 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.
  3. Notwithstanding this section, crematory owners and their personnel may engage in the listed activities in subsection (a) of this section only to the extent such functions are necessary to the performance of their duties. Specifically, crematory personnel may:
    1. provide for the disposition of dead human bodies by cremation, 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;
    3. arrange, direct, or perform the removal or transportation of a dead human body, so long as 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.

History

Source. V.S. 1947, § 6936. 1947, No. 202 , § 7040. 1941, No. 171 , § 1.

Amendments--2017 (Adj. Sess.) Subsec. (a): Amended generally.

Amendments--2013 (Adj. Sess.). Subdiv. (a)(1): Deleted "place of" preceding "business"; inserted "registered with the Board" following "business"; and inserted ", alkaline hydrolysis, or any other type of human reduction acceptable to the Board of Funeral Service as established by Board rule" following "cremation".

Subdiv. (a)(3): Deleted "place of" preceding "business"; inserted "registered with the Board" following "business"; and inserted ", and includes a limited services establishment" following "service".

Subdiv. (a)(4): Deleted ", but is not limited to" at the end.

Subdivs. (b)(2)-(b)(4): Added.

Amendments--2001 (Adj. Sess.) Section amended generally.

Amendments--1999 Subdiv. (1): Inserted "employee" after "co-owner".

Amendments--1995 (Adj. Sess.) Subdiv. (2): Added "including the selling of funeral services or merchandise" at the end of the sentence.

Amendments--1959. Section amended generally.

§ 1212. Advisor appointees; Director duties; rules.

    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 crematoria. One appointee shall be a public member. (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 crematoria. 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.
  1. 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:
      1. minimum standards for crematory establishments, 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
      2. 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.

History

Source. V.S. 1947, §§ 6945, 6949. 1941, No. 171 , §§ 11, 15.

Amendments--2017 (Adj. Sess.) Section amended generally.

Amendments--2009. Added "Board of funeral service;" to the section heading; added subsec. (a); designated the former undesignated introductory paragraph as subsec. (b) and redesignated the remaining subsecs. accordingly; and in subdiv. (b)(6), added the subdiv. (A) designation and subdiv. (B), and subdivs. (b)(7) and (b)(8).

Amendments--2005. Deleted the subsec. (a) and (b) designations, deleted the introductory language of former subsec. (b), redesignated former subdiv. (b)(1) as subdiv. (6), and deleted former subdivs. (b)(2) through (b)(4).

Amendments--2001 (Adj. Sess.) Inserted the subsec. (a) designation, and added subsec. (b).

Amendments--1997. Reenacted without change.

Amendments--1995 (Adj. Sess.) Subdiv. (2): Amended generally.

Amendments--1991 (Adj. Sess.). Section amended generally.

Amendments--1973 (Adj. Sess.). Substituted "board of funeral service" for "board of examiners of embalmers" in the first sentence.

Amendments--1969 (Adj. Sess.). Section amended generally.

Construction of 1991 (Adj. Sess.) amendment. 1991, No. 219 (Adj. Sess.), § 6, eff. May 28, 1992, provided: "Nothing in this act [which amended this section and sections 951, 996 and 1256 of this title and added subchapter 3 of chapter 21 of this title] shall be construed to restrict or limit the right of the individual to dispose of a dead human body as provided under 18 V.S.A. § 5319."

ANNOTATIONS

1. Burial permits.

Rule of Board that forbids issuance of burial permits to other than licensed funeral directors exceeds delegation of authority contained in this section. 1952-54 Op. Atty. Gen. 179.

§ 1212a. Repealed. 2005, No. 27, § 117(1).

History

Former § 1212a. Former § 1212a, relating to advisor appointees for crematory establishments, was derived from 2001, No. 151 (Adj. Sess.), § 12a.

§ 1213. Inspection of premises.

  1. The Director or his or her designee may, at any reasonable time, inspect funeral and crematory establishments.
  2. Each funeral and crematory establishment shall be inspected at least once every two years. Copies of the inspector's report of inspections of establishments 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.

History

Source. V.S. 1947, § 6945. 1941, No. 171 , § 11.

Amendments--2017 (Adj. Sess.) Subsec. (a): Substituted "Director" for "board of funeral service" and substituted "his or her designee" for "its designee".

Subsec. (b): Substituted "Director" for "board" in the second sentence.

Amendments--2005. Section amended generally.

Amendments--2001 (Adj. Sess.) Added the last sentence in subsec. (a), and inserted "and crematory" following "funeral" and "of an inspection of a funeral establishment" following "report" in subsec. (b).

Amendments--1995 (Adj. Sess.) Designated the existing provisions of the section as subsec. (a), inserted "or the office of professional regulation" following "service" and deleted "that are practicing embalming" following "establishments" in that subsec., and added subsec. (b).

Amendments--1973 (Adj. Sess.). Substituted "board of funeral service" for "board of examiners of embalmers".

Amendments--1969 (Adj. Sess.). Section amended generally.

§ 1214. Repealed. 2001, No. 151 (Adj. Sess.), § 13.

History

Former § 1214. Former § 1214, relating to limitation on funeral director reception of dead human bodies, was derived from V.S.A. 1947, § 6947; 1941, No. 171 , § 13.

§ 1215. Penalties; jurisdiction of offenses.

  1. 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 .
  2. 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.

History

Source. V.S. 1947, § 6950. 1941, No. 171 , § 16.

Amendments--2017 (Adj. Sess.) Substituted "3 V.S.A. § 127" for "3 V.S.A. § 127(c)" in subsecs. (a) and (b) and in subsec. (b), substituted "A person shall not embalm" for "No person shall embalm" in the first sentence and "shall not practice" for "may not practice" and "embalmer; a person who does so shall" for "embalmer and shall" in the second sentence.

Amendments--2009. Redesignated the former undesignated paragraph as subsec. (a) and added subsec. (b).

Amendments--2007. Rewrote the section.

Amendments--1995 (Adj. Sess.) Substituted "$1,000.00, nor less than $500.00 per violation" for "$100.00" in the first sentence.

Amendments--1973 (Adj. Sess.). Substituted "superior" for "county" preceding "and district" in the second sentence.

Amendments--1965. Substituted "district court" for "municipal court" in the second sentence.

§ 1216. Construction.

  1. 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.
  2. 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.

History

Source. V.S. 1947, §§ 6948, 6952. 1941, No. 171 , §§ 14, 18.

Subchapter 2. Licenses

§ 1251. License requirements.

  1. 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.
  2. A person, partnership, corporation, association, or other organization shall not open or maintain a crematory establishment unless the establishment is licensed by the Office.
  3. A person shall not hold himself or herself out as performing the duties of a funeral director unless licensed by the Office.
  4. Except as otherwise permitted by law, a person employed by a funeral or crematory establishment 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.

History

Source. V.S. 1947, § 6937. 1947, No. 202 , § 7041. 1945, No. 58 , § 2. 1941, No. 171 , § 2.

Amendments--2017 (Adj. Sess.) Section amended generally.

Amendments--2005. In the second sentence, substituted "board of funeral service" for "office of professional regulation", and, in the third sentence, inserted "or crematory" following "funeral" and deleted "of funeral service and no person employed by a crematory establishment may perform a removal unless registered with the office of professional regulation" at the end of the sentence.

Amendments--2001 (Adj. Sess.) Added the second and fourth sentences, and inserted "or herself" following "himself" in the present third sentence.

Amendments--1973 (Adj. Sess.). Substituted "board of funeral service" for "board of examiners of embalmers" preceding "to conduct" in the first sentence.

Amendments--1969 (Adj. Sess.). Section amended generally.

Amendments--1959. Section amended generally.

§ 1252. Application; qualifications.

  1. 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:
      1. 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;
      2. 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
      3. submitted a written application and the required application fee.
    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.
  2. 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:
      1. 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;
      2. 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
      3. submitted a written application and the required application fee.
    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.
    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 an embalmer.
  3. Funeral establishment.
    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.
  4. Crematory establishment.
    1. A person, partnership, corporation, association, or other organization desiring to operate a crematory establishment 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 establishment 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.
  5. Crematory personnel.
    1. Any person who desires to engage in direct handling, processing, identification, or cremation of dead human remains within a licensed crematory establishment 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 crematory establishment.
    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.
  6. 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 or crematory establishment, 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 so long as they have been instructed in handling and precautionary procedures prior to the call.
  7. 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, immediate burial, or direct green 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 so long as 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.

History

Source. V.S. 1947, § 6938. 1941, No. 171 , § 3.

2017. In subdiv. (g)(1), in the second sentence, substituted "this subsection" for "this subsection (d)" to correct an error in the reference.

Amendments--2019 (Adj. Sess.) Subdiv. (a)(3): Substituted "subsection" for "subsection (a)" following "subdivision (1)(A) of this".

Subdiv. (b)(3): Added.

Amendments--2017 (Adj. Sess.) Section amended generally.

Amendments--2017. Subdiv. (a)(3): Added.

Amendments--2013 (Adj. Sess.). Subsec. (d): Inserted "and who is registered with the Board under subsection (e) of this section" at the end of the second sentence.

Subsecs. (e) and (g): Added.

Subsec. (f): Substituted "chapter" for "title" at the end of the first sentence, and inserted ", or the University of Vermont for removals related to the University's anatomical gift program" at the end of the second sentence.

Amendments--2009. Section amended generally.

Amendments--2005. Subsec. (c): In the first sentence, substituted "board of funeral service" for "office of professional regulation"; in the third sentence, substituted "board" for "office of professional regulation", deleted "such" preceding "information, as required by rule" and deleted "of the office" thereafter; in the fourth sentence, substituted "licensing fee" for "registration fee"; and, in the fifth sentence, deleted "registration" preceding fee.

Amendments--2001 (Adj. Sess.) Subsec. (a): Added "Funeral director" at the beginning and substituted "and hold a high school or general educational development diploma or its equivalent" for "be a citizen of the United States, a resident of the state of Vermont and be of good moral character" in the second sentence.

Subsec. (b): Added "Funeral establishment" at the beginning.

Subsecs. (c) and (d): Added.

Amendments--1989 (Adj. Sess.). Deleted "of $15.00" following "examination fee" at the end of the fifth sentence of subsec. (a) and at the end of the fourth sentence of subsec. (b).

Amendments--1973 (Adj. Sess.). Subsec. (a): Substituted "board of funeral service" for "board of examiners of embalmers" following "application to the" in the first sentence and preceding "may prescribe" in the fourth sentence.

Subsec. (b): Substituted "board of funeral service" for "board of examiners of embalmers" following "writing to the" in the first sentence and following "furnished by the" in the third sentence.

Amendments--1971 (Adj. Sess.). Subsec. (a): Substituted "have attained the age of majority" for "be twenty-one years of age or over" preceding "a citizen" in the second sentence.

Amendments--1969 (Adj. Sess.). Subsec. (a): Inserted "a resident of the state of Vermont" following "United States" in the second sentence and "by regulation the" following "prescribe" in the fourth sentence and substituted "$15.00" for "$10.00" in the fifth sentence.

Subsec. (b): Substituted "the" for "such" preceding "individual" and "rule or regulation of the board" for "the board relative to the establishment, the equipment therein contained or any other matter" following "required by" in the third sentence and "$15.00" for "$10.00" in the fourth sentence.

Amendments--1959. Subsec. (a): Substituted "who desires" for "partnership or corporation desiring" following "person" in the first sentence, deleted "if an individual" following "applicant" and "over" preceding "twenty-one or over" and inserted "a citizen of the United States" thereafter in the second sentence, deleted "if an individual, and if not an individual, shall state the name, age and residence of the active officer or manager" preceding "of the applicant" in the third sentence, and substituted "may" for "shall have authority to" preceding "prescribe forms for" and "the" for "such" thereafter in the fourth sentence.

Subsec. (b): Added.

Licensed funeral directors; grandfathering. 2009, No. 35 , § 18a, provides: "Individuals who hold a valid license as a funeral director prior to July 1, 2009 shall not be required to meet the requirements of 26 V.S.A. § 1252(a)(1) as amended by this act."

§ 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.

History

Source. V.S. 1947, § 6939. 1941, No. 171 , § 4.

Amendments--2017 (Adj. Sess.) Section amended generally.

Amendments--2009. Inserted "or embalmer's" after "director's" in the first sentence; in the second sentence, deleted "such" before "subjects" and deleted "or regulation" after "rule"; and deleted the last sentence.

Amendments--1969 (Adj. Sess.). Section amended generally.

Amendments--1959. Rewrote the first sentence, substituted "the examinations" for "examinations for such purpose" preceding "shall be in writing" and "blanks" for "forms which shall be" preceding "prepared" in the second sentence, and substituted "the" for "such" preceding "examination" and deleted "or of such active officer or manager" preceding "of the laws" in the third sentence.

§ 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, crematory establishment, 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.

History

Source. V.S. 1947, § 6940. 1941, No. 171 , § 5.

Amendments--2017 (Adj. Sess.) Substituted "Director" for "board" preceding "shall issue" in the first sentence and deleted the former second sentence.

Amendments--2009. Inserted "embalmer," following "director" in the first sentence.

Amendments--2007. Added "and has met the application and qualification requirements set forth in this chapter" preceding "the board shall" and deleted "upon the payment of an initial license fee" preceding "a license to engage".

Amendments--2005. In the first sentence, substituted "review" for "examination" and "funeral establishment, crematory establishment, or removal personnel" for "and shall license him or her", and deleted the former second sentence.

Amendments--2001 (Adj. Sess.) In the first sentence, substituted "possesses" for "is of good moral character and possessed of" and substituted "license him or her" for "register him or her as a duly licensed funeral director", and added the second sentence.

Amendments--1989 (Adj. Sess.). In the first sentence, inserted "or her" following "him" in two places and substituted "initial license fee" for "additional fee of $ 5.00" following "payment of an".

Amendments--1959. Deleted "or if other than an individual, the active officer or manager" preceding "is of a good" and substituted "him" for "such applicant" following "issue to", "an additional" for "a" preceding "fee" and "him" for "such applicant" following "register" in the first sentence and deleted the former second sentence.

ANNOTATIONS

1. Number of licenses.

Licenses under this chapter may issue only one to each business whether business be person, partnership, or corporation. 1942-44 Op. Atty. Gen. 250.

§ 1255. Repealed. 2017, No. 144 (Adj. Sess.), § 15.

History

Former § 1255. Former § 1255, relating to record of licenses and applications, was derived from V.S. 1947, § 6941 and 1941, No. 171 , § 7.

§ 1256. Renewal of registration or license.

  1. Biennially, every licensee shall renew his or her or its registration or license by paying the required fee.
  2. Upon request of the Board of Health or a person authorized to issue burial or removal permits, a licensee shall show proof of current licensure.
  3. [Repealed.]
  4. Subsection (d) repealed effective June 1, 2023.  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) Crematory establishment                                      $ 800.00       (E) Crematory personnel                                          $ 125.00       (F) Removal personnel                                            $ 125.00       (G) Limited services establishment license                       $ 800.00
    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. (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.

History

Source. V.S. 1947, §§ 6942-6944. 1941, No. 171 , § 8.

Amendments--2017 (Adj. Sess.) Subsec. (a): Amended generally.

Subsec. (c): Repealed.

Subsec. (d): Repealed.

Subsec. (e): Added the subdiv. (1) and (2) designations and substituted "Director" for "Board" in both subdivs.

Amendments--2013 (Adj. Sess.). Subdiv. (d)(2): Amended generally.

Amendments--2011. Subdivs. (d)(2)(A)-(E): Substituted "$300.00" for "$260.00" twice, "$540.00" for "$475.00" twice and "$85.00" for "75.00".

Amendments--2009. Subdiv. (a)(3): Deleted.

Subsec. (b): Substituted "proof of current licensure" for "the receipt mentioned in subdivision (a)(3) of this section" following "show".

Subsec. (d): Added new subdiv. (2)(B), redesignated the remaining subdivs. accordingly.

Subsec. (e): Inserted "or embalmer" following "funeral director" in the first sentence.

Amendments--2007. Subsec. (d): Added "for license" after "Application" and raised the fee from $50.00 to $70.00 in subdiv. (1); deleted subdiv. (2); redesignated former subdiv. (3) as present subdiv. (2); and raised the fees in present subdiv. (2).

Amendments--2005 (Adj. Sess.). Subsec. (e): Added "and may require up to three hours of continuing education for removal personnel in the subject area of universal precautions and infectious diseases" in the second sentence.

Amendments--2005. Subsec. (c): Substituted "lapse" for "be suspended" at the end of the first sentence, and substituted "reinstated" for "renewed" in the second sentence.

Amendments--2001 (Adj. Sess.) Subsecs. (a)-(c): Inserted "or the office of professional regulation" following "board" in subdivs. (a)(1) and (3) and subsec. (c), substituted "licensee" for references to licensed funeral directors and funeral establishments throughout the section, and substituted "his or her or its" for "their" in subdiv. (a)(2).

Subdiv. (d)(3): Amended generally.

Amendments--1999 Subsec. (d): Substituted "$225.00" for "$160.00" in subdiv. (3)(A) and "$400.00" for "$325.00" in subdiv. (3)(B).

Amendments--1995 (Adj. Sess.) Subdiv. (d)(3)(A): Substituted "$160.00" for "$90.00".

Subdiv. (d)(3)(B): Substituted "$325.00" for "$225.00".

Amendments--1991 (Adj. Sess.). Subdiv. (d)(3)(A): Act No. 167 substituted "$90.00" for "$50.00".

Subdiv. (d)(3)(B): Act No. 167 substituted "$225.00" for "$50.00".

Subsec. (e): Added by Act No. 219.

Amendments--1989 (Adj. Sess.). Subdiv. (a)(1): Substituted "one month before renewal is required, the board" for "on or before June 15 of each year" preceding "shall notify", "of the date on which his or her" for "that his" preceding "or its license" and "will expire" for "expires July 1 following" thereafter.

Subdiv. (a)(2): Amended generally.

Subdiv. (a)(3): Substituted "board" for "secretary" preceding "shall issue" and inserted "or her" following "his".

Subsec. (c): Substituted "the required date, the" for "July 1, his" preceding "license" in the first sentence and "the renewal fee and a reinstatement fee" for "a fee of $ 15.00 for funeral directors and $ 25.00 for funeral establishments" following "payment of" in the second sentence.

Subsec. (d): Added.

Amendments--1973 (Adj. Sess.). Subsec. (a): Substituted "board of funeral service" for "board of embalmers" following "secretary of the" in the second paragraph.

Amendments--1969 (Adj. Sess.). Subsec. (a): Substituted "$10.00" for "$5.00" and "$15.00" for "$10.00" in the second paragraph and made a minor change in phraseology in the third paragraph.

Subsec. (c): Amended generally.

Amendments--1959. Subsec. (a): Amended generally.

Subsec. (c): Amended generally.

Repeal of subsec. (d). 2017, No. 144 (Adj. Sess.), § 16 provides for the repeal of subsec. (d) of this section effective June 1, 2023.

Cross References

Cross references. Exemption of persons 80 years of age and over from payment of license renewal fees, see 32 V.S.A. § 1111.

§ 1257. Unprofessional conduct.

  1. A licensee shall not engage in unprofessional conduct.
  2. 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.
  3. [Repealed.]
  4. [Repealed.]
  5. [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.

History

Source. V.S. 1947, § 6946. 1947, No. 202 , § 7050. 1941, No. 171 , § 12.

Reference in text. The Federal Trade Commission, referred to in subdiv. (b)(3), is codified as 15 U.S.C. § 41 et seq.

Editor's note. The 1997 adjourned session amendment to the introductory paragraph of subsec. (b) appears to have been inadvertently omitted from the 1999 adjourned session version. The version of the introductory paragraph of subsec. (b), as it was last amended by 1997, No. 145 (Adj. Sess.), § 38, has been set out above.

In addition, the 1999 adjourned session amendment did not reflect the previous renumbering of subdivisions in subsec. (b) by the 1997 adjourned session amendment, which had included the renumbering of former subdiv. (b)(11) as present subdiv. (b)(4). Therefore, the only change to this section by the 1999 adjourned session amendment is described in the amendment note below.

Amendments--2017 (Adj. Sess.) Subdiv. (b)(3): Substituted "Director" for "board" and "Office" for "office of professional regulation".

Subsecs. (c)-(e): Repealed.

Amendments--2005. Rewrote subdiv. (b)(3), deleted "or the office of professional regulation" following "board" in subsecs. (c) and (d), and added subsec. (e).

Amendments--2001 (Adj. Sess.) Substituted "licensee" for "funeral director" throughout the section; in subdivs. (b)(3) and (4) substituted "For funeral directors, failure" for "Failure"; in subdiv. (b)(3) added "or, for crematory establishments, failure to comply with rules adopted by the office of professional regulation"; and, in subsecs. (c) and (d) inserted "or office of professional regulation" following "board".

Amendments--1999 (Adj. Sess.). Subdiv. (b)(4): Added the second sentence.

Amendments--1997 (Adj. Sess.). Subsec. (b): Added "the following conduct and conduct set forth in section 129a of Title 3" to the end of the introductory clause, deleted seven subdivs. listing types of unprofessional conduct, and renumbered the remainder.

Amendments--1997 Subdiv. (b)(11): Added.

Amendments--1995 (Adj. Sess.) Section amended generally.

Amendments--1973 (Adj. Sess.). Act No. 193 substituted "superior court" for "county court" following "appeal to the" in the second sentence.

Act No. 236 substituted "board of funeral service" for "board of embalmers" following "licenses by the" in the first sentence.

Amendments--1969 (Adj. Sess.). Section amended generally.

§ 1258. Repealed. 1995, No. 138, § 11.

History

Former § 1258. Former § 1258, which related to disposition of moneys received by the Board of Funeral Service, was derived from 1975, No. 118 , § 79.

Subchapter 3. Prepaid Funeral Arrangements

History

Construction. 1991, No. 219 (Adj. Sess.), § 6, eff. May 28, 1992, provided: "Nothing in this act [which added sections 1271-1275 of this title and amended sections 951, 956, 1212 and 1256 of this title] shall be construed to restrict or limit the right of the individual to dispose of a dead human body as provided under 18 V.S.A. § 5319."

§ 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.

History

Amendments--2013 (Adj. Sess.) Substituted "establishment that" for "director, who" preceding "sells services" and "that" for "which" preceding "is not to be".

§ 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. The appointment of an escrow agent who may be a bank or other category of individual such as an attorney, a local elected official, next of kin, or the executor of a buyer's estate. All prepaid arrangement funds shall be paid directly to the escrow agent and not to the funeral director or establishment.
  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.
    1. For purposes of funding the Funeral Services Trust Account, the Office shall assess each funeral or crematory establishment a per funeral, burial, or disposition fee of $6.00.
    2. 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 defaults on its obligations under the contract.
    3. 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.
    4. 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.
    5. 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.
    6. When an investigation reveals financial discrepancies within a licensed establishment, 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 and crematory establishment 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.

History

Amendments--2017 (Adj. Sess.) Introductory language: Substituted "Director" for "board, with the assistance of the office of professional regulation," preceding "shall adopt" and "ensure" for "insure" preceding "the proper" in the first sentence.

Subdiv. (5): Substituted "Director" for "board" following "determined by the".

Subdiv. (8): Substituted "Director" for "board" following "determined by the" and "ensure" for "insure" preceding "the security".

Subdiv. (9): Amended generally.

Amendments--2009. Added "; Prepaid Funeral Funds" to the section heading; in the second sentence of subdiv. (1), inserted "that is a member of the Vermont's Property and Casualty Insurance Guaranty Association established by subchapter 9 of chapter 101 of Title 8" after the first reference of "Vermont" and added ", if that insurance or trust company is a federally insured depository" after the second reference of "Vermont"; and substituted "annually in a format" for "periodically" in subdiv. (5).

Amendments--2005. Added the second sentence in subdivs. (2) and (6) and, in subdiv. (9), inserted "on consumer claims" following "payment" in the 7th sentence, and added the 8th sentence.

Amendments--2001 (Adj. Sess.) In the introductory paragraph, inserted "with the assistance of the office of professional regulation" following "board"; in subdiv. (9), in the first sentence, inserted "or the office of professional regulation" following "the board", "or crematory" following "funeral", and added the last sentence.

Amendments--1997. Subdiv. (9): Added.

Amendments--1995 (Adj. Sess.) Deleted "and" preceding "to insure" and inserted "and to protect consumers in the event of default" following "agreement" in the first sentence of the introductory paragraph and "and verification of the establishment of an account" at the end of the first sentence of subdiv. (1), rewrote subdiv. (5), and inserted "including pre-need trust forms" following "contracts" in subdiv. (6).

§ 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.

  1. 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.
  2. 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.

History

Amendments--2017 (Adj. Sess.) Subsec. (a): Substituted "Director" for "board" preceding "shall adopt" and "that" for "which" following "standard form" in the second sentence.

Subdiv. (a)(3): Substituted "Director" for "board" preceding "to be reasonably" and "ensure" for "insure" following "necessary to".

Amendments--2009. Added "and may adopt a standard form which every funeral director accepting prepaid funeral arrangements shall use" after "forms" in the second sentence of subsec. (a).

Amendments--1995 (Adj. Sess.) Subsec. (a): Amended generally.

§ 1274. Transfer of contracts and assets.

  1. 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.
  2. 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.
  3. 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.
  4. 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. Duties of escrow agents.

  1. An escrow agent appointed in accordance with the provisions of this subchapter shall maintain funds in an escrow account intact, unless commingled in a single account with other such funds, or until the services contracted for are performed, and the merchandise delivered, the buyer defaults, or the contract and assets are transferred under section 1274 of this title. When the funeral director submits a death certificate and acknowledgment that the contract has been performed, the escrow agent shall pay to the funeral director the amount deposited and all income earned thereon and retained in the account. The certificate and affidavit shall be sufficient to authorize the escrow agent, acting alone, to make such payment without liability to any other person.
  2. If, for any reason, the funeral director fails promptly to meet his or her obligation under the contract upon the death of the beneficiary, the next of kin or personal representative of the deceased person, having provided for such services, may receive from the escrow agent the amount of money in the escrow account. An affidavit that states that services have been performed or property delivered, signed by the next of kin or personal representative and the funeral director who has provided such services, shall be sufficient to authorize the escrow agent, acting alone, to make such payment without liability to any other person. Nothing contained in this section shall excuse nonperformance by a funeral director.

    Added 1991, No. 219 (Adj. Sess.), § 5, eff. Jan. 1, 1993.

§ 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 State Board of Health.

Added 2009, No. 35 , § 24.

§ 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

History

Amendments--2011. 2011, No. 61 , § 2, eff. June 2, 2011, deleted "and Surgery" following "Medicine" in the chapter heading.

Cross References

Cross references. Emergency medical services, see 18 V.S.A. chapter 17.

Regulation of physician assistants, see chapter 31 of this title.

Procedure for adoption of administrative rules, see 3 V.S.A. ch. 25.

Review of regulatory laws, see chapter 57 of this title.

ANNOTATIONS

1. Assumption of title.

A person cannot call himself a doctor in order to gain the confidence of a patient without violating this chapter. 1960-62 Op. Atty. Gen. 44.

Subchapter 1. General Provisions

ANNOTATIONS

Cited. Delozier v. State, 160 Vt. 426, 631 A.2d 228 (1993).

§ 1311. Definitions.

As used in this chapter:

  1. "Practice of medicine" means:
    1. 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;
    2. advertising, holding out to the public, or representing in any manner that one is authorized to practice medicine in the jurisdiction;
    3. offering or undertaking to prescribe, order, give, or administer any drug or medicine for the use of any other person;
    4. 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;
    5. offering or undertaking to perform any surgical operation upon any person;
    6. 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
    7. 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.

History

Source. V.S. 1947, § 6736. P.L. § 7464. 1919, No. 168 , § 2. G.L. § 6094. 1908, No. 151 , § 5. P.S. § 5371. 1904, No. 133 , § 11.

2017. In subdiv. (5), substituted "18 V.S.A. § 9402(9)" for "18 V.S.A. § 9402(10)" to correct an error in the reference.

- 2006. In subdiv. (5), substituted "subdivision 9402(10) of Title 18" for "subdivision 9402(9) of Title 18" for purposes of clarity.

Amendments--2019 (Adj. Sess.). Intro. paragraph: Substituted "As used in" for "For the purposes of".

Subdiv. (1)(D): Substituted "all aspects of pregnancy, labor and delivery, and postpartum care" for "pregnancy and parturition" at the end.

Subdiv. (2): Deleted "State" preceding "Board".

Subdiv. (5): Substituted "has the same meaning as" for "shall have the same meaning as defined".

Amendments--2015 (Adj. Sess.). Subdiv. (3): Rewrote the second sentence.

Amendments--2011. Subdiv. (1): Amended generally.

Amendments--2009. Subdiv. (1): Inserted "pain" after "disease", inserted "pain" after "injury" and made minor punctuation changes.

Amendments--2003. Subdiv. (3): Added the last sentence.

Amendments--2001 (Adj. Sess.). Subdiv. (4): Substituted "Medical" for "Local medical" and "health maintenance organization" for "managed care plan".

Subdiv. (5): Rewrote the subdiv.

Amendments--1999 (Adj. Sess.). Inserted "or herself" following "himself" in two places, "or her" following "his" and "or she" following "he" in subdiv. (1), added subdivs. (4) and (5) and redesignated former subdivs. (4) and (5) as subdivs. (6) and (7).

Amendments--1975 (Adj. Sess.). Section amended generally.

ANNOTATIONS

Analysis

1. Anesthesiology.

A person who, under the supervision of a physician, administers the dosage of the particular anesthesia ordered by the physician in the manner prescribed by the physician is not required to be licensed under this chapter. 1960-62 Op. Atty. Gen. 44.

A person who, after consulting with the patient and learning of the patient's physical condition prescribes an anesthetic and then administers it, is required to be licensed under this chapter. 1960-62 Op. Atty. Gen. 44.

2. Constitutionality.

Although subdivision (1) of this section incidentally implicates speech that is constitutionally protected, since it is part of a valid and rational legislative scheme that overwhelmingly regulates unprotected conduct, and leaves little possibility that the threat of the law's application will deter individuals from engaging in otherwise protected expression, it does not on its face violate the First Amendment. State v. Cantrell, 151 Vt. 130, 558 A.2d 639 (1989).

This section was not void for vagueness as applied to defendant who surgically removed a wart, applied sutures to a wound, and administered anesthetic. State v. Cantrell, 151 Vt. 130, 558 A.2d 639 (1989).

Cited. State v. Parenteau, 153 Vt. 123, 569 A.2d 477 (1989).

§ 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.

History

Source. V.S. 1947, § 6737. P.L. § 7465. 1919, No. 168 , § 2. G.L. § 6094. 1908, No. 151 , § 5. P.S. § 5371. 1904, No. 133 , § 11.

Revision note. Substituted "provisions" for "provision" near the beginning of the section to correct a grammatical error.

ANNOTATIONS

Cited. State v. Cantrell, 151 Vt. 130, 558 A.2d 639 (1989).

§ 1313. Exemptions.

  1. 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.
  2. 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.

History

Source. 1949, No. 178 . V.S. 1947, §§ 6738-6740. 1947, No. 202 , §§ 6843, 6844. 1937, No. 189 , § 6. P.L. §§ 7466-7468. 1919, No. 169 . 1919, No. 168 , §§ 2, 3. G.L. §§ 6094, 6095. 1915, No. 188 , § 5. 1908, No. 151 , § 5. P.S. §§ 5371, 5372. 1904, No. 133 , §§ 11, 13. V.S. §§ 4640. R.L. § 3918. 1878, No. 72 , § 2. 1876, No. 102 , § 10.

Amendments--2019 (Adj. Sess.). Subdiv. (a)(2): Inserted "carrying out official military duties" and inserted "active duty".

Subdiv. (a)(6): Added.

Amendments--2015 (Adj. Sess.). Subdiv. (a)(5): Added.

Amendments--2011. Section amended generally.

Amendments--2003. Subsec. (d): Repealed.

Amendments--1995 (Adj. Sess.) Subsec. (f): Added.

Amendments--1971 (Adj. Sess.). Subsec. (d): Added.

Subsec. (e): Added.

Expiration of 1995 (Adj. Sess.) amendment. Pursuant to 1995, No. 171 (Adj. Sess.), § 12, subsec. (f), added by section 2 of the act, expired on July 1, 1999.

ANNOTATIONS

1. Chiropractor.

Exception in this section applies only to chiropractor when he practices chiropractic within authority of his license. 1938-40 Op. Atty. Gen. 255.

§ 1314. Illegal practice.

  1. 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.
  2. 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.

History

Source. V.S. 1947, §§ 6734, 6735. P.L. §§ 7462, 7463. 1919, No. 168 , § 1. G.L. § 6093. 1915, No. 188 , § 4. P.S. § 5370. 1904, No. 133 , § 10. V.S. § 4638. R.L. § 3916. 1876, No. 102 , §§ 4, 8.

Amendments--2011. Subsec. (a): Added "or herself" following "himself"; deleted "or surgery" following "medicine" in two places; inserted "who is not a licensed health care professional as defined in 18 V.S.A. § 5202 and" preceding "signs"; and substituted "two years" for "three months" and "$10,000.00" for "$200.00 nor less than $50.00".

ANNOTATIONS

Analysis

1. Holding out.

It was unnecessary to allege in an information for advertising and holding one's self out to public as a physician and surgeon, that respondent practiced medicine without license. State v. Kaatz, 92 Vt. 497, 104 A. 873 (1918).

Conduct must amount to representation that one is in fact physician or surgeon, but it is not essential that such conduct be actual practice of medicine or surgery. State v. Lindsay, 86 Vt. 201, 84 A. 612 (1912).

Indictment for practicing medicine without license, wherein only allegation of commission of an offense by respondent was that he "did hold himself out to the public as a practicing physician in this state," was bad on demurrer. State v. Wilson, 79 Vt. 379, 65 A. 88 (1906).

2. Indictment or information.

Information was sufficient to charge offense under this section without mention of exemption in section 1312 of this title for persons who practice religious tenets without pretending knowledge of medicine. State v. Cantrell, 151 Vt. 130, 558 A.2d 639 (1989).

Cited. State v. Parenteau, 153 Vt. 123, 569 A.2d 477 (1989).

§ 1317. Unprofessional conduct to be reported to Board.

  1. 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.
  2. 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:
      1. 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.
      2. 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.
      3. 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.
      4. Fine or any other form of monetary penalty imposed as a form of discipline.
      5. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.

History

Amendments--2019 (Adj. Sess.). Section amended generally.

Amendments--2015. Subsec. (c): Substituted "Department of Health, the Department of Mental Health, or the Department of Disabilities, Aging, and Independent Living" for "department of health or of mental health" following "provided to the" and "Department of Health" for "department" preceding "decides to treat".

Amendments--2011. Subsec. (a): Substituted "board" for "commissioner of health" preceding "along"; inserted ", a nonrenewal of medical staff membership, or the restrictions of privileges at a hospital taken in lieu of, or in settlement of, a pending disciplinary case related to unprofessional conduct as defined in sections 1354 and 1398 of this title." following "institution"; added the present second sentence and inserted "and the commissioner of disabilities, aging, and independent living" following "health".

Subsec. (e): Substituted "$10,000.00" for "$1,000.00".

Amendments--2007 (Adj. Sess.). Subsec. (a): Deleted "mental" preceding "health" in the first sentence; inserted "disciplinary action taken against" following "case of"; substituted "based on the provision of mental health services" for "who is employed by, or under contract with, a community mental health center"; and deleted "developmental and" following "commissioner of" and "services" following "health" in the second sentence.

Subsec. (b): Inserted "and, to the extent the claim relates to the provision of mental health services, to the commissioner of mental health" following "health".

Subsec. (c): Substituted "department of health or of mental health" for "department".

Amendments--2007. Subsec. (a): Inserted "mental" preceding "health" in the first sentence.

§ 1318. Accessibility and confidentiality of disciplinary matters.

  1. 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.
  2. All meetings and hearings of the Board shall be open to the public, except in accord with 1 V.S.A. § 313 .
    1. The Commissioner of Health shall prepare and maintain a register of all complaints, which shall be a public record, and which shall show: (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:
      1. with respect to all complaints, the following information:
        1. the date and the nature of the complaint, but not including the identity of the licensee; and
        2. a summary of the completed investigation; and
      2. 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:
        1. the name and business addresses of the licensee and complainant;
        2. formal charges, provided they have been served or a reasonable effort to serve them has been made;
        3. the findings, conclusions, and order of the Board;
        4. the transcript of the hearing, if one has been made, and exhibits admitted at the hearing;
        5. stipulations presented to the Board at a public meeting;
        6. final disposition of the matter by the courts; and
        7. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.

History

Amendments--2013 (Adj. Sess.). Redesignated former subsec. (c) and subdivs. (c)(1)-(c)(2)(F) as present subdivs. (c)(1)-(c)(1)(B)(vi) and added subdivs. (c)(1)(B)(vii) and (c)(2), inserted "and except as provided in subdivision (2) of this subsection (c)" following "disciplinary action" in present (c)(1)(B), deleted "appellate officer or the" following "matter by the" in subdiv. (c)(1)(B)(vi), added the second sentence in subsec. (d), and substituted "As used in" for "For the purposes of" at the beginning of subsec. (f).

Amendments--2011 (Adj. Sess.). Subsec. (g): Substituted "department of financial regulation" for "department of banking, insurance, securities, and health care administration".

Amendments--2011. Subdiv. (c)(2): Inserted ", except for medical and other protected health information contained therein pertaining to any identifiable person that is otherwise confidential by state or federal law" following "information".

Subdiv. (c)(2)(E): Substituted "presented to" for "filed with" following "stipulations" and inserted "at a public meeting" following "board".

Subsec. (f): Inserted "and administrative penalties" following "reprimands".

Subsecs. (g)-(i): Added.

Amendments--2003. Subsec. (f): Substituted "licensure or certification" for "a license".

Statutory revision. 2011, No. 78 (Adj. Sess.), § 2 provides: "The legislative council, in its statutory revision authority under 2 V.S.A. § 424, is directed to replace the term 'commissioner of banking, insurance, securities, and health care administration' in the Vermont Statutes Annotated wherever it appears with the term 'commissioner of financial regulation'; and to replace the term 'department of banking, insurance, securities, and health care administration' wherever it appears with the term 'department of financial regulation.'"

Applicability of Secs. 1 and 2; summaries of final dispositions. 2013, No. 130 (Adj. Sess.), § 4 provides: "(a) The provisions of Sec. 1 of this act, 26 V.S.A. § 1318(c)(1)(B)(vii), which require the Commissioner of Health to provide a summary of the final disposition of unprofessional conduct matters, shall only apply to final dispositions entered on and after the effective date of Sec. 1 [July 1, 2014].

"(b) The provisions of Sec. 2 of this act, 26 V.S.A. § 1368(a)(3)(A), which require the Department of Health to provide a summary of the final disposition of unprofessional conduct matters, shall only apply to final dispositions entered on and after the effective date of Sec. 2 [July 1, 2015]."

Subchapter 2. Board of Medical Practice

History

Amendments--1975 (Adj. Sess.) 1975, No. 249 (Adj. Sess.), § 2, deleted "State" preceding "Board of Medical" and substituted "Practice" for "Registration" thereafter in the subchapter heading.

§ 1351. Board of Medical Practice.

  1. 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.
  2. 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) .
  3. 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.
  4. 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.
  5. 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.
    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. (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.

History

2003. This section was inadvertently amended twice by the 2001 Adjourned Session. 2003, No. 60 , § 39 repeals the version of this section amended by 2001, No. 129 (Adj. Sess.), § 21. The remaining version of this section, as amended by 2001 (Adj. Sess.), No. 132, § 5, is set out above.

2015. 2015, No. 2 , § 5 repealed the amendments to subsec. (f) made by the 2014 Acts and Resolves No. 141, § 20, which would have become effective July 1, 2015.

Amendments--2019 (Adj. Sess.). Subsec. (a): Substituted "The" for "A State" in the first sentence; in the ninth sentence, inserted "otherwise" and substituted "sections 1372, 1373, and 1374" for "section 1360"; and inserted "and voting" in the last sentence.

Amendments--2015. Subdiv. (f)(1): Substituted "A classified State employee who is employed as an investigator by the Department of Health who is certified as a Level III" for "Classified State employees who are employed as investigators by the Department of Health who currently meet the standards of training for a full-time" at the beginning of the sentence and made two gender neutral changes at the end.

Subdiv. (f)(2): Substituted "A Board of Medical Practice investigator employed by the Department of Health who is not certified as Level III" for "Board of Medical Practice investigators employed by the Department of Health who do not currently meet the standards of training for a full-time" at the beginning of the sentence.

Amendments--2013 (Adj. Sess.). Subsec. (f): Act No. 130 added the subdiv. (1) designation and substituted "currently meet" for "have successfully met" preceding "the standards of training" in that subdivision and added subdivs. (2) and (3).

Subsec. (f): Act No. 141 substituted "are certified as a Level III" for "have successfully met the standards of training for a full-time" preceding "law enforcement officer" and "20 V.S.A. § 2358" for "20 V.S.A. chapter 151" following "under".

Amendments--2011. Subsec. (a): Substituted "physician" for "physician's" preceding "assistant", "licensed" for "certified" following "assistant", and "licensed pursuant to chapter 7" for "as described in section 322" following "podiatrist".

Subsec. (b): Substituted "a" for "$30.00" following "paid" and inserted "as provided by 32 V.S.A. § 1010(b)" following "expenses".

Subdivs. (c)(6), (7): Added.

Amendments--2009 (Adj. Sess.) Subsec. (e): Deleted "and" preceding "31" and added "and 52" thereafter.

Amendments--2003 (Adj. Sess.). Subsec. (f): Added.

Amendments--2003. Subsec. (e): Substituted "shall" for "may" preceding "adopt" and added "and chapters 7, 29, and 31 of this title" to the end.

Amendments--2001 (Adj. Sess.) Section amended generally.

Transfer of oversight and management of Board of Medical Practice. 2001, No. 132 (Adj. Sess.), section 16, provides:

"(a) Under this act, the board of medical practice is transferred to the department of health. All assets possessed or owned by the board of medical practice before the effective date of this act shall be transferred to the possession or ownership of the department of health.

"(b) All personnel employed by the board before the effective date of this act shall be transferred to, and shall become employees of, the department of health until the commissioner of health determines otherwise.

"(c) All members of the board before the effective date of this act shall remain members of the board until the expiration of their terms.

"(d) All rules of the board in effect before the effective date of this act shall remain in effect until amended or repealed."

ANNOTATIONS

1. Particular cases.

There was no merit to a physician's argument that the court did not owe deference to the Medical Practice Board's decision insofar as none of the Board members were ophthalmologists specializing in cataract surgery. Nine members of the seventeen-member Board were required to be licensed physicians, and only six members were not required to be associated with the medical field; hence, the majority of the Board members had specialized knowledge pertaining to medical matters, and the Board's decisions were owed substantial deference. In re Appeal of Chase, 186 Vt. 355, 987 A.2d 924 (2009).

Cited. In re Desautels Real Estate, Inc., 142 Vt. 326, 457 A.2d 1361 (1982).

§ 1352. Repealed. 2011, No. 61, § 9, eff. June 2, 2011.

History

Former § 1352. Former § 1352, relating to reports, was derived from 1951, No. 154 , § 2. V.S. 1947, §§ 6719, 6720. 1937, No. 189 , § 2. P.L. §§ 7446, 7447. G.L. §§ 6083, 6084. 1917, No. 254 , § 254. 1915, No. 1 , §§ 149, 150. P.S. §§ 5360, 5361. 1904, No. 133 , § 2 and amended by 1975, No. 249 (Adj. Sess.), § 2; 1989, No. 250 (Adj. Sess.), § 4(d); 2001, No. 132 (Adj. Sess.), § 6, eff. June 13, 2002; 2003, No. 34 , § 7 and 2009, No. 103 (Adj. Sess.), § 19e.

§ 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.
    1. 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. (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.
    2. 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.
    3. An applicant or licensee shall bear any cost of obtaining a required criminal history background check.
    4. The Board shall comply with all laws regulating the release of criminal history records and the protection of individual privacy.
    5. 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 .
  8. 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.
  9. 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.
  10. During a declared state of emergency:
    1. 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).
    2. 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).
  11. Subdivision (12) effective April 1, 2021.  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.
    1. 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.
    2. 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.
    3. The Board shall:
      1. process a request within 30 days of receiving a complete request;
      2. 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
      3. respond to the individual's request in writing.
        1. whose spouse is a member of the U.S. Armed Forces and who has been subject to a military transfer to Vermont; and
        2. who left employment to accompany his or her spouse to Vermont.
    1. Subdivision (13) effective April 1, 2021.  Establish uniform procedures applicable to all of the professions under its jurisdiction, providing for: (13) (A) Subdivision (13) effective April 1, 2021.  Establish uniform procedures applicable to all of the professions under its jurisdiction, providing for:
    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.

    (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:

    1. Subdivision (14) effective April 1, 2021.  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. (14) (A) Subdivision (14) effective April 1, 2021.  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.
    2. Any determination of equivalence by the Board under this subdivision (14) shall be recorded in the applicant's licensing file.
    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.
    1. Subdivision (15) effective April 1, 2021.  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: (15) (A) Subdivision (15) effective April 1, 2021.  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:
      1. the renewal requirements of the profession;
      2. the renewal requirements in other jurisdictions, particularly in the Northeast region;
      3. the cost of the renewal requirements for the profession's licensees;
      4. an analysis of the utility and effectiveness of the renewal requirements with respect to public protection; and
      5. recommendations to the Commissioner of Health on whether the continuing education or other continuing competency requirements should be modified.
    2. 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.

History

Source. V.S. 1947, § 6721. 1941, No. 168 , § 1. 1937, No. 190 , § 1. P.L. § 7448. 1921, No. 180 . 1917, No. 254 , § 5963. 1915, No. 1 , § 151. 1915, No. 1 88 , § 1. P.S. § 5362. 1904, No. 133 , §§ 4, 5.

2020 Subdivs. (12)-(15) were originally enacted as subdivs. (11)-(14) by 2019, No. 152 (Adj. Sess.), § 15 but were redesignated as subdivs. (12)-(15) to avoid conflict with subdiv. (11) as enacted by 2019, No. 91 (Adj. Sess.), § 15.

The reference in subdiv. (a)(2) to "section 1313 of this title" should be to section 1311 of this title.

Amendments--2019 (Adj. Sess.) Subdiv. (2): Act No. 126 added the last sentence.

Subdiv. (3): Act No. 126 added the last sentence.

Subdiv. (8): Act No. 126 rewrote the subdiv.

Subdiv. (11): Added by Act No. 91.

Subdivs. (12)-(15): Added by Act No 152.

Amendments--2013 (Adj. Sess.). Subdiv. (8): Substituted "Crime Information Center" for "Criminal Information Center" twice, and "As used in" for "For purposes of" at the beginning of the last sentence.

Amendments--2013. Subdiv. (10): Added.

Amendments--2011. Section amended generally.

Amendments--2003. Subdiv. (1): Inserted "or certificate" following "license".

Amendments--2001 (Adj. Sess.) Section amended generally.

Amendments--1999. Subdiv. (a)(11): Substituted "direct the day-to-day activities and fix the compensation of" for "employ" preceding "an executive director" in the first sentence.

Subsec. (c): Substituted "and may terminate the employment of" for "the executive director and for" preceding "administrative support" in the first sentence.

Subsec. (d): Added.

Amendments--1995 (Adj. Sess.) Subdiv. (a)(10): Deleted "upon information received from a health care provider regulated under this chapter or a health care facility" following "board if" in the first sentence and added the seventh sentence.

Subdiv. (a)(11): Added.

Subsec. (c): Inserted "and for administrative support staff" following "director" in the first sentence.

Amendments--1993 (Adj. Sess.). Subsec. (a): Added subdivs. (11) and (12).

Subsec. (c): Added.

Amendments--1991 (Adj. Sess.). Subdiv. (a)(10): Added.

Amendments--1989 (Adj. Sess.). Designated the existing provisions of the section as subsec. (a), inserted "or contract for" following "employ" in subdiv. (3), substituted "to employ, contract or make" for "to make contracts and" preceding "arrangements" and inserted "investigative" following "administrative" in subdiv. (4), added new subdivs. (7) and (8), redesignated former subdiv. (7) as subdiv. (9), and added subsec. (b).

Amendments--1975 (Adj. Sess.). Section amended generally.

Termination of provisions. Subdivs. (a)(7) and (8) and subsec. (b) of this section expired on July 1, 1993, pursuant to 1989, No. 250 (Adj. Sess.), § 91(a).

Repeal of subdivs. (a)(11) and (12) and subsecs. (c) and (d). 1993, No. 108 (Adj. Sess.), § 29, as amended by 1995, No. 188 (Adj. Sess.), § 2, 1997, No. 59 , § 89g, and 1997, No. 155 (Adj. Sess.), § 18, provided that subdivs. (a)(11) and (12) and subsec. (c) of this section, which were added by sections 24 and 25 of the act, shall expire on January 1, 2000; however, that provision was repealed by 1999, No. 14 , § 4. 1999, No. 14 , § 5 provided that subdivs. (a)(11) and (12) and subsecs. (c) and (d) of this section shall expire on January 1, 2003; however, 2001, No. 132 (Adj. Sess.) § 7 repealed subdivs. (a)(11) and (12) and subsecs. (c) and (d).

Cross References

Cross references. Enforcement of subpoenas issued by administrative agencies generally, see 3 V.S.A. § 809a.

Modification of subpoenas or discovery orders issued by administrative agencies, see 3 V.S.A. § 809b.

§ 1354. Unprofessional conduct.

  1. 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 of medical business that is intended or has a tendency to 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 or responsible for the treatment given;
    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 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;
      1. 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: (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:
        1. 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;
        2. establishment of documented diagnosis through the use of accepted medical practices; and
        3. maintenance of a current medical record;
      2. for the purposes of this subdivision (33), an electronic, on-line, or telephonic evaluation by questionnaire is inadequate for the initial evaluation of the patient;
      3. the following would not be in violation of this subdivision (33) if transmitted or received by computer or other electronic means:
        1. initial admission orders for newly hospitalized patients;
        2. prescribing for a patient of another physician for whom the prescriber has taken the call;
        3. 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;
        4. continuing medication on a short-term basis for a new patient, prior to the patient's first appointment; or
        5. emergency situations where life or health of the patient is in imminent danger;
    33. 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;
    34. 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;
    35. commission of any sexual misconduct that exploits the physician-patient relationship, including sexual contact with a patient, surrogates, or key third parties;
    36. 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;
    37. signing a blank or undated prescription form; or
    38. [Repealed.]
    39. use of conversion therapy as defined in 18 V.S.A. § 8351 on a client younger than 18 years of age.
  2. 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.
  3. 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.

    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.

History

Source. V.S. 1947, § 6721. 1941, No. 168 , § 1. 1937, No. 190 , § 1. P.L. § 7448. 1921, No. 180 . 1917, No. 254 , § 5963. 1915, No. 1 , § 151. 1915, No. 1 88 , § 1. P.S. § 5362. 1904, No. 133 , §§ 4, 5.

Amendments--2019 (Adj. Sess.). Subdiv. (a)(23): Act No. 126 substituted ", or other disciplinary sanction, by" for "in" preceding "another jurisdiction".

Subdiv. (a)(27): Act No. 126 substituted "federal statutes or regulations, or the statutes or rules of this or any other state" for "federal or State statutes or rules".

Subdiv. (a)(39): Repealed by Act No. 123.

Amendments--2017. Subsec. (a): Deleted "or not" following "whether".

Subdiv. (a)(26): Substituted "that" for "which" in three places, and deleted "shall be subject to disciplinary action by the Board in accordance with chapter 23 of this title" following "practitioner's practice" at the end of the subdiv.

Amendments--2015 (Adj. Sess.). Subdiv. (a)(40): Added.

Amendments--2011. Subdiv. (a)(1): Substituted "fraud" for "fraudulent" preceding "or" and substituted "misrepresentation in applying for or procuring a medical license or in connection with applying for or procuring periodic renewal of a medical license" for "deceptive procuring or use of a license" following "or".

Subdiv. (a)(5): Rewrote the subdiv.

Subdiv. (a)(15): Inserted "or pursuant to section 1313 of this title" following "program".

Subdiv. (a)(23): Deleted "subdivisions (1)-(25) of" preceding "this section".

Subdiv. (a)(30): Inserted ", 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" following "profession".

Subdivs. (a)(33)-(39): Added.

Amendments--2009 (Adj. Sess.) Subdiv. (a)(32): Added.

Amendments--2003. Subdiv. (a)(31): Added.

Amendments--2001 (Adj. Sess.) Act No. 132 added the subsec. (a) designation and rewrote the introductory language, added the language beginning "or violation of any term" in subdiv. (a)(25), and added subdivs. (a)(27) - (30) and subsecs. (b) and (c).

Act No. 151 repealed subdiv. (a)(3).

Amendments--1993 (Adj. Sess.). Act No. 190 added "whether or not the conduct at issue was committed within or without the state" following "thereof" in the introductory paragraph and deleted "and whether or not committed within or without the state" following "occurred" in subdiv. (22).

Act No. 201 Added subdiv. (26).

Amendments--1991 (Adj. Sess.). Added "or conviction of a felony, whether or not related to the practice of medicine" following "out of the practice of medicine" in subdiv. (3), inserted "or her" preceding "practice" in subdiv. (8) and preceding "processing" in subdiv. (13), substituted "(1)-(25)" for "(1)-(22)" in subdiv. (23), and added subdiv. (25).

Amendments--1989 (Adj. Sess.). Subdiv. (5): Deleted "and it impairs his ability to practice" following "drugs".

Subdiv. (7): Amended generally.

Amendments--1985 (Adj. Sess.). Subdiv. (24): Added.

Amendments--1977 (Adj. Sess.). Subdiv. (23): Added.

Amendments--1975 (Adj. Sess.). Section amended generally.

Amendments--1967 (Adj. Sess.). Substituted "he may" for "such secretary is hereby authorized to" preceding "employ" and "$1200.00" for "$400.00" in the second sentence and "shall" for "is hereby directed to" preceding "issue" in the third sentence.

Cross References

Cross references. Inappropriate use by physician of services of physician assistant, see § 1739a of this title.

ANNOTATIONS

Analysis

1. Conviction of crime.

Under provision of this section that defines the conviction of a crime as unprofessional conduct, the issue of guilt of the crime may not be relitigated at a later disciplinary hearing based on conviction of the crime. Board of Medical Practice v. Perry-Hooker, 139 Vt. 264, 427 A.2d 1334 (1981).

In State board's proceedings against physician for unprofessional conduct, in which license to practice was revoked on ground of conviction in another state of several federal drug law violations, evidence that the conviction resulted from entrapment, that principal witness in the criminal proceeding was later convicted of perjury, and that there was a conflict of interest involving that witness and defense counsel, was not admissible as a collateral attack on the conviction or on subsequent revocation of license to practice in New Hampshire. Board of Medical Practice v. Perry-Hooker, 139 Vt. 264, 427 A.2d 1334 (1981).

2. Application.

Statute governing unprofessional conduct provides no basis for disciplining a supervising physician whose physician assistant has committed an unprofessional act where the supervising physician has met or exceeded all standards of care. In re Porter, 192 Vt. 601, 70 A.3d 915 (2012).

Court has held that the statute addressing unprofessional conduct by a physician and the statute concerning dishonorable conduct are not coextensive; it did not hold that the latter statute was applicable only to conduct engaged in outside the medical practice. Rather, it held that the statute empowered the Medical Practice Board to determine the personal and professional qualifications of individuals who may obtain and hold a license. In re Appeal of Chase, 186 Vt. 355, 987 A.2d 924 (2009).

Although an administrative body's interpretation of the statutory provisions it must execute will be sustained on appeal absent a compelling indication of error, to the extent that rule conflicts with statute, rule cannot be sustained; thus Board of Medical Practice's rule limiting the Board's jurisdiction to conduct that is sanctionable to that listed in 26 V.S.A. § 1354 was an impermissible restriction on the Board's powers under 26 V.S.A. § 1398. Delozier v. State, 160 Vt. 426, 631 A.2d 228 (1993).

Under 26 V.S.A. § 1398, Board of Medical Practice may suspend or revoke a license for immoral, unprofessional, or dishonorable conduct; conduct for which the Board may revoke licenses is not limited to the types of unprofessional conduct listed in 26 V.S.A. § 1354. Delozier v. State, 160 Vt. 426, 631 A.2d 228 (1993).

3. Evidence.

There was no abuse of discretion in the Medical Practice Board's ruling that irrespective of the general thoroughness and attentiveness of respondent's nurses in follow-up interviews with patients, respondent himself had the responsibility to engage each patient personally in an assessment of visual function and its effect on that patient's visual needs and quality of life. If in fact respondent failed to satisfy a reasonable standard of care in assessing a patient's need for cataract surgery, such a deficiency could not be overcome by even a thorough informed consent procedure conducted by nurses. In re Appeal of Chase, 186 Vt. 355, 987 A.2d 924 (2009).

Medical Practice Board properly found that respondent engaged in unprofessional conduct by describing cataracts as "dense" when it found that generally, a cataract described as dense was one that was more clinically significant and presented characteristics that might be associated with a higher risk for surgical complications. The Board further found that respondent's use of the word "dense" to describe patients' trace or early cataracts did not conform to the understanding of what that term meant as established by the expert testimony and the practice standard accepted by the parties; furthermore, there was expert testimony that it was important for eye doctors to document what grade a cataract was for future comparison because other doctors might later want to view previous medical records to determine what was seen at an earlier time. In re Appeal of Chase, 186 Vt. 355, 987 A.2d 924 (2009).

Medical Practice Board did not err in finding that respondent engaged in unprofessional conduct with respect to statements he made to patients about obtaining a second opinion. The Board's finding that respondent's testimony was not credible was supported by testimony of several patients. In re Appeal of Chase, 186 Vt. 355, 987 A.2d 924 (2009).

There was no error in finding that respondent engaged in unprofessional conduct by failing to participate in a collaborative process with his patients to assess their need for cataract surgery. The parties stipulated to the standard of care set forth in the American Academy of Ophthalmology's Preferred Practice Pattern for indications and contra-indications for performing cataract surgery, and the evidence demonstrated that respondent failed to meet the standard with respect to some of his patients. In re Appeal of Chase, 186 Vt. 355, 987 A.2d 924 (2009).

4. False Reports.

Word "willful," though given different definitions under different circumstances, cannot well mean less than intentionally and by design. Accordingly, the Medical Practice Board did not err in declining to find a willful violation of the statutory prohibition against filing false reports based upon its conclusion that the inaccurate entries in respondent's records were the result of missteps other than purposeful falsification. In re Appeal of Chase, 186 Vt. 355, 987 A.2d 924 (2009).

5. Due process.

There was no due process violation when for each of the eight patients in question, the State's complaint cited misleading statements or inaccurate records respondent made regarding a second opinion and generally charged him with unprofessional conduct; with respect to four of those patients to whom respondent made statements that actively dissuaded them from obtaining a second opinion, the State also charged him with engaging in conduct that fell below the personal and moral standards set forth in the license revocation statute. The State's complaint was more than sufficient to place respondent on notice as to what the charges were, and, in fact, respondent vigorously defended himself and cross-examined each of the patients as to his conduct concerning their obtaining a second opinion; for its part, the Medical Practice Board made findings and conclusions on this point that essentially tracked the State's charges. In re Appeal of Chase, 186 Vt. 355, 987 A.2d 924 (2009).

6. Particular cases.

Any finding of unprofessional conduct would necessarily have been based upon the conduct of a physician assistant (PA) alone because the Board of Medical Practice found that the physician himself did not fail to meet the standards of care, and in one case exceeded that required by the Board. Because the statute governing unprofessional conduct did not include a basis for disciplining a physician based solely upon the acts of a PA, the Board quite simply would not have had the authority to sanction the physician for the PA's acts under that statute. In re Porter, 192 Vt. 601, 70 A.3d 915 (2012).

In a license suspension proceeding, the record did not support a physician's claim that the Medical Practice Board's findings of unprofessional conduct were based on surmise or were insufficiently tethered to the evidence. The Board found that the evidence suggested that the physician's initial examination and his continuing oversight of his patients was superficial at best and not up to the strict professional standards required by the Policy for the Use of Controlled Substances for the Treatment of Pain for physicians prescribing narcotics; the Board also cited specific evidence in finding that the physician had failed to adequately discuss the risks of controlled substances with his patients or evaluate behaviors indicating the possibility of drug dependence or diversion, that he had prescribed narcotics in greater amounts than the actual dosages required, and that his testimony at the post-suspension evidentiary hearing failed to provide the missing rationale or adequate explanation of his treatment and prescribing practices. In re Miller, 186 Vt. 505, 989 A.2d 982 (2009).

Court defers to determinations that require the Medical Practice Board to apply its expertise or weigh whether certain behavior violated the standard of care pertaining to professional conduct, and it would not, therefore, second-guess the Board's conclusion that a physician's actions in prescribing narcotics in excessive quantity without an adequate rationale or concern for the risks of drug dependence and diversion violated the standards of professional conduct. Nor was expert testimony required for a board composed in substantial part of a licensee's peers. In re Miller, 186 Vt. 505, 989 A.2d 982 (2009).

Cited. Board of Medical Practice v. Perry-Hooker, 143 Vt. 268, 465 A.2d 291 (1983); Nash v. Wennar, 645 F. Supp. 238 (D. Vt. 1986); LoPresti v. Rutland Regional Health Services, 177 Vt. 316, 865 A.2d 1102 (October 22, 2004).

§§ 1355-1361. Repealed. 2019, No. 126 (Adj. Sess.), § 1.

History

Former §§ 1355-1361. Former § 1355, relating to complaints and hearing committee, was derived from V.S. 1947, § 6722; 1947, No. 202 , § 6826; P.L. § 7449; 1921, No. 180 ; G.L. § 6085; 1917, No. 254 , § 5963; 1915, No. 1 , § 151; 1915, No. 1 88 , § 1; P.S. § 5362; 1 904, No. 133 , §§ 4, 5 and amended by 1975, No. 249 (Adj. Sess.), § 2; 1989, No. 102 , § 2; 1991, No. 167 (Adj. Sess.), § 32; 2001, No. 132 (Adj. Sess.), § 9; and 2011, No. 61 , § 2.

Former § 1356, relating to specification of charges, was derived from V.S. 1947, § 6723; 1943, No. 140 , § 1; 1937, No. 190 , § 2; P.L. § 7450; 1933, No. 157 , § 7062; 1923, No. 113 , § 1; G.L. § 6086; 1917, No. 189 ; 1915, No. 1 , § 152; P.S. § 5363; 1904, No. 133 , § 3 and amended by 1969, No. 187 (Adj. Sess.), § 3; and 1975, No. 249 (Adj. Sess.), § 2.

Former § 1357, relating to time and notice of hearing, was derived from V.S. 1947, § 6724; P.L. § 7451; 1933, No. 156 , § 1; 1923, No. 113 , § 1; G.L. § 6086; 1917, No. 189 ; 1915, No. 1 , § 152; P.S. § 5363; 1904, No. 133 , § 3 and amended by 1975, No. 249 (Adj. Sess.), § 2; and 2011, No. 61 , § 2.

Former § 1358, relating to subpoenas and contempt, was derived from V.S. 1947, § 6741; P.L. § 7469; G.L. § 6096; P.S. § 5373; 1904, No. 133 , § 12 and amended by 1969, No. 187 (Adj. Sess.), § 4; 1975, No. 249 (Adj. Sess.), § 2; and 1983, No. 230 (Adj. Sess.), § 8a.

Former § 1359, relating to report of hearing, was derived from 1975, No. 249 (Adj. Sess.), § 2 and amended by 2011, No. 61 , § 2.

Former § 1360, relating to hearing before Board, was derived from 1975, No. 249 (Adj. Sess.) § 2 and amended by 1989, No. 102 , § 3; 1991, No. 167 (Adj. Sess.), § 33; and 2011, No. 61 , § 2.

Former § 1361, relating to decision and order, was derived from 1975, No. 249 (Adj. Sess.) § 2 and amended by 1979, No. 169 (Adj. Sess.); and 2011, No. 61 , § 2.

§ 1362. Repealed. 1989, No. 250 (Adj. Sess.), § 92.

History

Former § 1362. Former § 1362, relating to reports to the Board, was derived from 1975, No. 249 (Adj. Sess.), § 2.

§ 1363. Repealed. 1991, No. 167 (Adj. Sess.), § 66(7).

History

Former § 1363. Former § 1363, relating to appeals from decisions of Board, was derived from 1975, No. 249 (Adj. Sess.), § 2.

§ 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.

History

Revision note. In the second sentence, substituted "July 1, 1976" for "the effective date of this section" for purposes of clarity.

§ 1365. Notice of conviction of crime; interim suspension of license.

  1. 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.
  2. 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.
  3. 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.
  4. 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.

History

Amendments--2019 (Adj. Sess.). Subsec. (a): Substituted "notice" for "certified copy of the judgment" preceding "of conviction" in the first sentence; substituted "A certified copy of the judgment" for "The record" at the beginning of the second sentence; and deleted the last sentence.

Amendments--2011. Subsec. (a): Substituted "section 1354" for "subdivision 1354(a)(3)" preceding "of this title".

§ 1366. Out-of-state discipline; interim suspension of license.

  1. 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.
  2. 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.
  3. 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.
  4. 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.

History

2006. In subsec. (a), substituted "subdivision 1354(a)(23)" for "subdivision 1354(23)" for purposes of clarity and to conform to V.S.A. style.

Amendments--2019 (Adj. Sess.). Subsec. (a): Substituted "A certified copy of the" for "The" at the beginning of the second sentence.

Subsec. (b): In the first sentence, substituted "as an unprofessional conduct complaint any notice" for "a certified copy" following "The Board shall treat" and deleted "as an unprofessional conduct complaint" at the end; and substituted "A certified copy of the" for "The" at the beginning of the second sentence.

Subsec. (c): Substituted "subsection" for "subsections" following "referred to in" and substituted "chapter" for "title" at the end.

§ 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.

ANNOTATIONS

1. Supreme Court.

Assuming that a physician's constitutional claims were raised and preserved before the Board of Medical Practice, it was for the Supreme Court of Vermont, and not a Superior Court in a declaratory judgment action, to decide whether his constitutional rights were violated in the proceedings before the Board. Chase v. State, 184 Vt. 430, 966 A.2d 139 (2008).

§ 1368. Data repository; licensee profiles.

  1. 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.
      1. 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. (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.
      2. 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.
      1. 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. (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.
      2. 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.
    3. 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.
      1. 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. (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.
      2. Comparisons of malpractice payment data shall be accompanied by:
        1. 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;
        2. 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;
        3. 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;
        4. an explanation of the possible effect of treating high-risk patients on a professional's malpractice history; and
        5. an explanation that malpractice cases may be settled for reasons other than liability.
        1. 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. (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.
        2. 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.
    4. The names of medical professional schools and dates of graduation.
    5. Graduate medical education.
    6. Specialty board certification.
    7. The number of years in practice.
    8. The names of the hospitals where the health care professional has privileges.
    9. 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.
    10. Information regarding publications in peer-reviewed medical literature within the last 10 years.
    11. Information regarding professional or community service activities and awards.
    12. The location of the health care professional's primary practice setting.
    13. The identification of any translating services that may be available at the health care professional's primary practice location.
    14. An indication of whether the health care professional participates in the Medicaid program, and is currently accepting new patients.
  2. 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).
  3. 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.

History

Amendments--2017 (Adj. Sess.) Subsec. (a): Substituted "that" for "which" in the first sentence.

Subdiv. (a)(6)(C)(i): Substituted "that" for "which" preceding "do not necessarily" in the first sentence, and "in this subdivision (6)" for "herein" preceding "shall be construed" in the second sentence.

Subdiv. (a)(6)(C)(ii): Substituted "in this subdivision (6)" for "herein" preceding "shall be construed" in the second sentence.

Subsec. (c): Substituted "that" for "which" preceding "may be used" in the first sentence.

Amendments--2015. Subsec. (a): Substituted "section, under this chapter, and under any other law" for "section and any other law" in the first sentence.

Amendments--2013 (Adj. Sess.). Subsec. (a): Inserted "by the Department" following "in a format created".

Subdiv. (a)(3)(A): Inserted ", 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" at the end.

Subdivs. (a)(3)(B) and (a)(4)(B): Added.

Amendments--2011. Subsec. (a): Inserted "licensees shall promptly report and" following "contrary,".

Subdiv. (a)(6)(A): Inserted ", if valid comparison data are available for the profession or specialty" following "settlement".

Subdiv. (a)(6)(B)(i): Substituted "professional" for "physician" preceding "treating".

Subdiv. (a)(6)(B)(ii): In the fourth sentence, substituted "professionals" for "physicians" preceding "has been".

Subdiv. (a)(6)(B)(iv): Substituted "professional's" for "physician's" preceding "malpractice".

Subdiv. (a)(6)(C): Substituted "professional" for "physician" preceding "in connection".

Subsec. (c): Substituted "professional" for "physician" following "evaluating the" and following "selecting a".

Summaries of final dispositions. 2013, No. 130 (Adj. Sess.), § 4 provides: "(a) The provisions of Sec. 1 of this act, 26 V.S.A. § 1318(c)(1)(B)(vii), which require the Commissioner of Health to provide a summary of the final disposition of unprofessional conduct matters, shall only apply to final dispositions entered on and after the effective date of Sec. 1 [July 1, 2014].

"(b) The provisions of Sec. 2 of this act, 26 V.S.A. § 1368(a)(3)(A), which require the Department of Health to provide a summary of the final disposition of unprofessional conduct matters, shall only apply to final dispositions entered on and after the effective date of Sec. 2 [July 1, 2015]."

§ 1369. Repealed. 2013, No. 42, § 3.

History

Former § 1369. Former § 1369, relating to the treatment of partner of patient diagnosed with chlamydia infection, was derived from 2009, No. 61 , § 39.

§ 1370. Complaints; investigative committee.

    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. (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.
    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. (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.

    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) (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:
      1. investigatory files that have not resulted in charges of unprofessional conduct;
      2. materials that constitute attorney work product; and
      3. any other document or information that the Board has an obligation to protect from disclosure.
    2. The Executive Director shall notify the licensee of the right to inspect and copy information as provided in subsection 1372(b) of this chapter.
  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 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.
  2. 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.

  1. 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.
  2. 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.
  3. 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.

  1. 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.
    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. (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.

  1. 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.
    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. (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.
      1. In its order, the Board may do one or more of the following:
        1. reprimand the individual complained against;
        2. condition, limit, suspend, or revoke the license, certificate, or practice of the individual complained against; or
        3. 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.
      2. 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.
  2. 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.
  3. 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.

  1. The Board may issue subpoenas to compel the attendance of witnesses at any investigation or hearing.
  2. 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.

  1. 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.
  2. 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. Section 1377 effective upon occurrence of contingency.

  1. 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.
  2. 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.
  3. 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.
  4. 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.

History

Effective date of enactment. 2019, No. 126 Adj. Sess.), § 8(a) provides: "Sec. 1 (26 V.S.A. chapter 23) shall take effect on July 1, 2020, except that 26 V.S.A. § 1377 (nondisciplinary financial penalty) shall take effect upon the Board's adoption of a rule setting forth the schedule of statutory and rule violations and penalties."

Subchapter 3. Licenses

ANNOTATIONS

Cited. In re T.L.S., 144 Vt. 536, 481 A.2d 1037 (1984).

§ 1391. Qualifications for medical licensure.

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:
    1. is at least 18 years of age;
    2. has completed high school, or the equivalent, and at least two years of undergraduate postsecondary school;
    3. 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
    4. is of sound moral character and professional competence as evidenced by:
      1. references submitted in accordance with rules adopted by the Board;
      2. a personal interview, as may be required in the discretion of the Board; and
      3. 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.

        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.

        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.

History

Source. V.S. 1947, § 6725. 1937, No. 189 , § 3. P.L. § 7452. G.L. § 6087. 1915, No. 188 , § 2. 1908, No. 151 , § 1. P.S. § 5364. 1906, No. 164 , § 1. 1904, No. 133 , § 7. 1902, No. 109 , § 2. V.S. § 4633. R.L. § 3911. 1876, No. 102 , § 7.

Revision note. In the third sentence of subsec. (e), substituted "state board of medical practice" for "state board of medical registration" pursuant to section 1364 of this title.

Amendments--2019 (Adj. Sess.). Rewrote the section.

Amendments--2011. Section heading: Rewrote the heading.

Subsec. (b): Deleted "and surgery" following " medicine" and substituted "may be interviewed by a" for "must appear for a personal interview with one or more members of the" preceding "board" and inserted "member" following "board".

Subsec. (e): Deleted "and" following "majority,", "that he or she" following "character,"; substituted "that is recognized by the board and which has" for "having" preceding "power" and "subsection" for "section" preceding "1391(d)"

Amendments--2003. Subsec. (e): Substituted "up to 54 weeks" for "one year only" and "for the period of the applicant's postgraduate training, internship or fellowship program" for "only four times whether or not consecutive" in the first sentence, and "board" for "secretary of the state board of medical registration" in the third sentence.

Amendments--1989 (Adj. Sess.). Subsec. (a): Substituted "an examination fee" for "a fee of $200.00" following "payment of" in the first sentence.

Subsec. (b): Inserted "or she" following "he" in the first sentence and deleted the former second sentence.

Subsec. (e): In the first sentence, inserted "or she" following "he" in three places, substituted "the required fee" for "$10.00" preceding "be granted" and inserted "upon payment of the fee" following "reissued", inserted "or her" following "his" in the second sentence, "or herself" following "himself" in the third sentence and "or her" following "his" in the fourth sentence.

Amendments--1977 (Adj. Sess.). Subsec. (a): Substituted "of $ 200" for "sufficient to cover at least all costs of the examination as determined by the board" in the first sentence and added the second and third sentences.

Subsec. (b): Substituted "$ 105.00" for "100.00" in the second sentence and added the third sentence.

Amendments--1977. Subsec. (a): Substituted "sufficient to cover at least all costs of the examination as determined by the board" for "of "$ 100.00" preceding "a person", and "which is" for "and" preceding "recognized" and deleted "as determined" thereafter.

Subsec. (b): Amended generally.

Amendments--1971 (Adj. Sess.). Subsec. (a): Substituted "has attained the age of majority" for "is twenty-one years of age or more" following "person who".

Subsec. (e): Substituted "has attained the age of majority" for "is twenty-one or over" following "proof that he" in the first sentence.

Amendments--1971. Subsec. (a): Inserted "or more" following "age".

Amendments--1969 (Adj. Sess.). Subsec. (a): Substituted "$ 100.00" for "$ 75.00".

Amendments--1967 (Adj. Sess.). Subsec. (a): Substituted "$ 75.00" for "$ 20.00".

Subsec. (d): Substituted "educational council for foreign medical graduates" for "national board of medical examiners or by the council on medical education of the American medical association" following "approved by the".

Subsec. (e): Substituted "$ 10.00" for "$ 2.00" in the first sentence.

Amendments--1961. Subsec. (e): Added.

ANNOTATIONS

Cited. Vermont Agency of Transportation v. Sumner, 142 Vt. 577, 460 A.2d 446 (1983); State v. Cantrell, 151 Vt. 130, 558 A.2d 639 (1989).

§ 1392. Repealed. 1987, No. 50, § 2, eff. May 15, 1987.

History

Former § 1392. Former § 1392, relating to one year internship requirement, was derived from V.S. 1947, § 7459; 1919, No. 166 .

§ 1392. Limited temporary license for postgraduate training.

  1. 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:
      1. is at least 18 years of age;
      2. 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;
      3. has been accepted to participate in a postgraduate medical training program accredited by a body approved by the Board by rule;
      4. 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
      5. will be practicing in a program under the supervision of a Vermont-licensed physician who has acknowledged in writing:
        1. the responsibility to ensure that the program operates in accordance with the requirements of the accrediting body; and
        2. the responsibility to ensure that physicians in training practice only under the close supervision and control of Vermont-licensed physicians.
  2. 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. 2019, No. 126 (Adj. Sess.), § 1.

History

Former §§ 1393-1394. Former § 1393, relating to examinations, was derived from V.S. 1947, § 6727; 1937, No. 189 , § 4; P.L. § 7455; G.L. § 6088; 1908, No. 151 , § 2; P.S. § 5365; 1906, No. 165 , § 2; 1904, No. 133 , § 8 and amended by 1969, No. 187 (Adj. Sess.), § 6; 1977, No. 259 (Adj. Sess.), § 2; 1979, No. 64 ; 1983, No. 143 (Adj. Sess.); and 2011, No. 61 , § 2.

Former § 1394, relating to reexaminations, was derived from V.S. 1947, § 6726; P.L. § 7454; G.L. § 6087; 1915, No. 188 , § 2; 1908, No. 151 , § 1; P.S. § 5364; 1906, No. 164 , § 1; 1904, No. 133 , § 7; 1902, No. 109 , § 2; V.S. § 4633; R.L. § 3911; 1876, No. 102 , § 7 and amended by 1969, No. 187 (Adj. Sess.), § 7; 1977, No. 259 (Adj. Sess.), § 3; and 2001, No. 129 (Adj. Sess.), § 21a.

§ 1395. License without examination. Section 1395 effective until April 1, 2021; see also section 1395 effective April 1, 2021 set out below.

  1. Without examination, the Board may, upon payment of the required fee, issue a license to a reputable physician who personally appears and presents a certified copy of a certificate of registration or a license issued to him or her in a jurisdiction whose requirements for registration are deemed by the Board as equivalent to those of this State, providing that such jurisdiction grants the same reciprocity to a Vermont physician or by the National Board of Medical Examiners.
  2. Without examination, the Board may issue a license to a reputable physician who is a resident of a foreign country and who shall furnish the Board with satisfactory proof that he or she has been appointed to the faculty of a medical college accredited by the Liaison Committee on Medical Education (LCME) and located within the State of Vermont. An applicant for a license under this subsection shall furnish the Board with satisfactory proof that he or she has attained the age of majority, is of good moral character, is licensed to practice medicine in his or her country of residence, and that he or she has been appointed to the faculty of an LCME accredited medical college located within the State of Vermont. The information submitted to the Board concerning the applicant's faculty appointment shall include detailed information concerning the nature and term of the appointment and the method by which the performance of the applicant will be monitored and evaluated. A license issued under this subsection shall be for a period no longer than the term of the applicant's faculty appointment and may, in the discretion of the Board, be for a shorter period. A license issued under this subsection shall expire automatically upon termination for any reason of the licensee's faculty appointment.
  3. [Repealed.]

    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.

History

Source. V.S. 1947, § 6729. P.L. § 7457. 1929, No. 113 , § 1. G.L. § 6090. 1908, No. 151 , § 3. P.S. § 5367. 1906, No. 165 , § 2. 1904, No. 133 , § 14. V.S. § 4633. R.L. § 3911. 1876, No. 102 , § 7.

Amendments--2017. Subsec. (c): Repealed.

Amendments--2011. Subsec. (a): Deleted "or surgeon" following "physician".

Subsec. (b): Deleted "or surgeon" following "physician".

Subsec. (c): Deleted "or surgery" following "medicine".

Amendments--2001 (Adj. Sess.) Subsec. (c): Added.

Amendments--1989 (Adj. Sess.). Designated the existing provisions of the section as subsec. (a), inserted "upon payment of the required fee" preceding "issue" and "or her" following "him" and deleted the second sentence of that subsec. and added subsec. (b).

Amendments--1977 (Adj. Sess.). Inserted "providing that such jurisdiction grants the same reciprocity to a Vermont physician" following "state" in the first sentence and substituted "$105.00" for "$100.00" in the second sentence.

Amendments--1977. Substituted "jurisdiction" for "state" preceding "whose requirements" and deleted "or, if he is a citizen of the United States or Canada, by a Canadian provincial medical registration board" following "examiners" in the first sentence and substituted "the" for "such" preceding "license" in the second sentence.

Amendments--1967 (Adj. Sess.). Added "or by the national board of medical examiners or, if he is a citizen of the United States or Canada, by a Canadian provincial medical registration board" following "this state" at the end of the first sentence and substituted "$100.00" for "$50.00" in the second sentence.

ANNOTATIONS

Cited. State v. Cantrell, 151 Vt. 130, 558 A.2d 639 (1989).

Law review commentaries

Law review. For article relating to constitutionality of professional licensing conditioned upon mutual reciprocity, see 10 Vt. L. Rev. 223 (1985).

§ 1395. License by endorsement. Section 1395 effective April 1, 2021; see also section 1395 effective until April 1, 2021 set out above.

  1. 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.
  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.

    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.

History

Amendments--2019 (Adj. Sess.). Rewrote section.

§ 1396. Repealed. 2019, No. 126 (Adj. Sess.), § 1.

History

Former § 1396. Former § 1396, relating to requirements for admission to practice, was derived from V.S. 1947, § 6730; 1947, No. 202 , § 6834; 1937, No. 189 , § 5; P.L. § 7458; 1927, No. 105 , § 1; 1919, No. 167 , § 1; G.L. § 6091; 1908, No. 151 , § 4; P.S. § 5368; 1906, No. 165 , § 2 and amended by 1971, No. 221 (Adj. Sess.), § 1; 1977, No. 259 (Adj. Sess.), § 5; 1987, No. 50 , § 1; and 2011, No. 61 , § 2.

Annotations From Former § 1396

Cited. State v. Cantrell, 151 Vt. 130, 558 A.2d 639 (1989).

§ 1397. Repealed. 2011, No. 61, § 9(3), eff. June 2, 2011.

History

Former § 1397. Former § 1397, relating to recording license; was derived from V.S. 1947, § 6728; P.L. § 7456; 1933, No. 157 , § 7068; G.L. § 6089; P.S. § 5366; 1904, No. 133 , § 9. V.S. §§ 4636, 4637; R.L. §§ 3914, 3915; 1876, No. 102 , §§ 3, 4, 7 and amended by 1963, No. 37 , § 12; 1967, No. 278 (Adj. Sess.), § 15; 1989, No. 250 (Adj. Sess.), § 4 and 2001, No. 132 (Adj. Sess.), § 11.

§ 1398. Refusal or revocation of licenses.

  1. 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.
  2. 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.
  3. 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.

History

Source. 1951, No. 154 , § 3. V.S. 1947, § 6732. 1941, No. 168 , § 2. P.L. § 7460. G.L. § 6092. 1915, No. 188 , § 3. P.S. § 5369. 1906, No. 164 , § 1. 1904, No. 133 , § 7. V.S. § 4637. R.L. § 3915. 1876, No. 102 , § 7.

Amendments--2019 (Adj. Sess.). Section amended generally.

Amendments--2011. Deleted "have been convicted of the practice of criminal abortion, or who" following "persons who" in the first sentence, and deleted the former second sentence.

Amendments--1967 (Adj. Sess.). Inserted "or when a licensee has been admitted to a mental hospital or has become incompetent by reason of senility" preceding "the board may" and "suspend or" thereafter in the second sentence and "suspended" preceding "revoked" in the third sentence.

Cross References

Cross references. Forfeiture for failure to renew license, see § 1400 of this title.

ANNOTATIONS

Analysis

1. Construction .

The burden of showing that a record falls within an exception is on the agency seeking to avoid disclosure. LoPresti v. Rutland Regional Health Services, 177 Vt. 316, 865 A.2d 1102 (October 22, 2004).

2. Legislative intent.

Since Legislature did not eliminate Board of Medical Practice's jurisdiction to suspend or revoke physician's license for conduct outside of professional duty under 26 V.S.A. § 1398, while amending other sections affecting attorney discipline, this inaction may be interpreted as Legislature's intention to leave jurisdiction of section intact. Delozier v. State, 160 Vt. 426, 631 A.2d 228 (1993).

3. Final judgment.

Revocation of license on conviction of performing criminal abortion is not authorized until final judgment has been entered when an appeal is taken to Supreme Court and bail allowed, pending appeal. 1934-36 Op. Atty. Gen. 425.

4. Unprofessional conduct.

Court has held that the statute addressing unprofessional conduct by a physician and the statute concerning dishonorable conduct are not coextensive; it did not hold that the latter statute was applicable only to conduct engaged in outside the medical practice. Rather, it held that the statute empowered the Medical Practice Board to determine the personal and professional qualifications of individuals who may obtain and hold a license. In re Appeal of Chase, 186 Vt. 355, 987 A.2d 924 (2009).

Unintentional unprofessional conduct may be considered dishonorable in nature, especially when it has the potential to bring disrepute upon the individual doctor or the profession in general. In re Appeal of Chase, 186 Vt. 355, 987 A.2d 924 (2009).

Under 26 V.S.A. § 1398, Board of Medical Practice may suspend or revoke a license for immoral, unprofessional, or dishonorable conduct; conduct for which the Board may revoke licenses is not limited to the types of unprofessional conduct listed in 26 V.S.A. § 1354. Delozier v. State, 160 Vt. 426, 631 A.2d 228 (1993).

Licensee who was endorsed to another state and there committed unprofessional conduct may be disciplined by Board in Vermont, after notice and hearing, by revocation of license. 1938-40 Op. Atty. Gen. 383.

5. Notice.

There was no due process violation when for each of the eight patients in question, the State's complaint cited misleading statements or inaccurate records respondent made regarding a second opinion and generally charged him with unprofessional conduct; with respect to four of those patients to whom respondent made statements that actively dissuaded them from obtaining a second opinion, the State also charged him with engaging in conduct that fell below the personal and moral standards set forth in the license revocation statute. The State's complaint was more than sufficient to place respondent on notice as to what the charges were, and, in fact, respondent vigorously defended himself and cross-examined each of the patients as to his conduct concerning their obtaining a second opinion; for its part, the Medical Practice Board made findings and conclusions on this point that essentially tracked the State's charges. In re Appeal of Chase, 186 Vt. 355, 987 A.2d 924 (2009).

There is no need of having any formal or definite form of notice sent to practitioner. 1940-42 Op. Atty. Gen. 387.

Notice by registered mail to appear at hearing is sufficient legal notice. 1938-40 Op. Atty. Gen. 394, 1936-38 Op. Atty. Gen. 469.

6. Hearing .

Suspension of license is unwarranted in absence of hearing before Board. 1940-42 Op. Atty. Gen. 371.

If licensee does not appear after notice, Board can proceed with hearing, examine the evidence, and revoke the license if warranted by evidence. 1940-42 Op. Atty. Gen. 387.

By staying away from proceedings, practitioner waived formal objections to evidence on which Board acted. Stevens v. Hill, 74 Vt. 164, 52 A. 437 (1902).

*7. Counsel.

Board need not be represented by counsel at any hearing before it; if it needs legal advice, services of Attorney General are available. 1938-40 Op. Atty. Gen. 393.

8. Return of license.

Revocation of license after hearing is sufficient to bar right to practice profession, without return of license to Board. 1938-40 Op. Atty. Gen. 438.

9. Reinstatement.

Language authorizing revocation or refusal or license includes within it, in legislative intendment, authority to reinstate license. 1952-54 Op. Atty. Gen. 355.

10. Rules and regulations.

Although an administrative body's interpretation of the statutory provisions it must execute will be sustained on appeal absent a compelling indication of error, to the extent that rule conflicts with statute, rule cannot be sustained; thus Board of Medical Practice's rule limiting the Board's jurisdiction to conduct that is sanctionable to that listed in 26 V.S.A. § 1354 was an impermissible restriction on the Board's powers under 26 V.S.A. § 1398. Delozier v. State, 160 Vt. 426, 631 A.2d 228 (1993).

11. Withdrawal of license application.

Board of Medical Practice's statutory authority to issue or deny a medical license necessarily implied discretionary authority to deny leave to withdraw a license application; State's interest in regulating entrance to medical profession was compelling, and Board's authority to continue a disciplinary investigation to completion and deny an application where necessary was an integral and necessary component of Board's reciprocal duties vis-a-vis other licensing jurisdictions. Perry v. Medical Practice Board, 169 Vt. 399, 737 A.2d 900 (1999).

12. Dishonorable conduct.

Although the Medical Practice Board ultimately concluded that the evidence was insufficient to find that respondent willfully falsified records and intentionally performed what he knew to be unnecessary cataract surgery, the Board also concluded that he actively and aggressively discouraged some of his patients from getting a second opinion; it found that his statements were misleading, confusing, and improper, and that they were made at a time when the patients were particularly vulnerable and concerned about their eyes. The Board acted within its discretion in determining that his behavior and statements, combined with the inaccurate statements placed in those patients' records as to whether they had received a second opinion or wanted surgery, amounted to dishonorable conduct subjecting him to revocation of his medical license. In re Appeal of Chase, 186 Vt. 355, 987 A.2d 924 (2009).

§ 1399. Repealed. 1975, No. 249 (Adj. Sess.), § 5.

History

Former § 1399. Former § 1399, relating to definition of unprofessional or dishonorable conduct, was derived from V.S. 1947, § 6733; 1941, No. 168 , § 3; P.L. § 7461; G.L. § 6092; 1915, No. 188 , § 3; P.S. § 5369; 1906, No. 164 , § 1; 1904, No. 133 , § 7; V.S. § 4637; R.L. § 3915; 1876, No. 102 , § 7, and amended by 1967, No. 307 (Adj. Sess.), § 4. The subject matter is now covered by § 1354 of this title.

§ 1400. Renewal of license; continuing medical education.

  1. 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.
  2. 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.
  3. Subsection (c) effective 60 days after the adoption of the maintenance of licensure rule for physicians.  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.
  4. All licensees shall demonstrate that the requirements for licensure are met.
  5. 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.
  6. 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.
  7. 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, 2