NO. 60.  AN ACT RELATING TO PROFESSIONAL REGULATION.

(H.449)

It is hereby enacted by the General Assembly of the State of Vermont:

* * * Professional Regulation * * *

Sec. 1.  3 V.S.A. § 127(b) is amended to read:

(b)  A person practicing a licensed profession without authority may, upon the complaint of the attorney general or a state’s attorney, be enjoined therefrom by the superior court and may be assessed a civil penalty of not more than $1,000.00.  The attorney general may elect to bring an action seeking only a civil penalty of not more than $1,000.00 for practicing a regulated profession without authority before the board having regulatory authority over that profession.  Such hearings shall be conducted in the same manner as disciplinary hearings.

Sec. 2.  3 V.S.A. § 129a is amended to read:

§ 129a. UNPROFESSIONAL CONDUCT

(a)  In addition to any other provision of law, the following conduct by a licensee constitutes unprofessional conduct.  When that conduct is by an applicant or person who later becomes an applicant, it may constitute grounds for denial of a license or other disciplinary action.  Any one of the following items, or any combination of items, whether or not the conduct at issue was committed within or outside the state, shall constitute unprofessional conduct:

* * *

(9)  Failing to retain client records for a period of seven years, unless laws specific to the profession allow for a shorter retention period.  When other laws or agency rules require retention for a longer period of time, the longer retention period shall apply.

(10)  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.

(11)  Failing to report to the office a conviction of any felony or any offense related to the practice of the profession in a Vermont district court, a Vermont superior court, or a court outside Vermont within 30 days.

(10)(12)  In the course of practice, gross failure to use and exercise on a particular occasion or the failure to use and exercise on repeated occasions that degree of care, skill, and proficiency which is commonly exercised by the ordinary skillful, careful, and prudent professional engaged in similar practice under the same or similar conditions, whether or not actual injury to a client, patient or customer has occurred.

(11)(13)  Exercising undue influence on or taking improper advantage of a person using professional services, or promoting the sale of services or goods in a manner which exploits a person for the financial gain of the practitioner or a third party.

* * *

(d)  After hearing, and upon a finding of unprofessional conduct, a board or an administrative law officer may take disciplinary action against a licensee or applicant, including imposing an administrative penalty not to exceed $1,000.00 for each unprofessional conduct violation.  Any money received from the imposition of an administrative penalty imposed under this section shall be deposited in the general fund, and upon request may be appropriated to the professional regulatory fee fund established in section 124 of Title 32 for the purpose of providing education and training for board members and advisor appointees.

* * *

Sec. 3.  3 V.S.A. § 131(g) is amended to read:

(g)  Nothing in this section shall prohibit the disclosure of information regarding disciplinary complaints to state or federal law enforcement agencies, the department of aging and disabilities, or the department of banking, insurance, securities, and health care administration in the course of their investigations, provided the agency or department agrees to maintain the confidentiality and privileged status of the information as provided in subsection (d) of this section.

Sec. 4.  20 V.S.A. § 2358(c) is amended to read:

(c)  For the purposes of this section:

(1)  “law Law enforcement officer” means a member of the department of public safety who exercises law enforcement powers, a member of the state police, a municipal police officer, a constable who exercises law enforcement powers, a motor vehicle inspector, an employee of the department of liquor control who exercises law enforcement powers, a full time state an investigator employed by the secretary of state, board of medical practice investigators employed by the department of health, attorney general or a state’s attorney, a fish and game warden, a sheriff, or deputy sheriff who exercises law enforcement powers, or a railroad police officer commissioned pursuant to 30 V.S.A. chapter 45, subchapter 8;.

(2)  “full time Full-time law enforcement officer” means a law enforcement officer with duties of a predictable and continuing nature which require more than 32 hours per week and more than 25 weeks per year;

(3)  “part time Part-time law enforcement officer” means a law enforcement officer who is not employed full time.

* * * Chiropractic * * *

Sec. 5.  26 V.S.A. § 531 is amended to read:

§ 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 United States Department of Education and approved by the board, which requires not less than 4,400 hours as a resident student 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.

Sec. 5a.  26 V.S.A. § 289 is added to read:

§ 289.  LICENSURE BY ENDORSEMENT

The board may issue a license to an individual who is currently licensed or certified in another jurisdiction in good standing, provided the individual has been in active practice for at least five years immediately preceding application. 

Sec. 5b.  EFFECTIVE DATE

This section and section 5a shall take effect upon passage.

* * * Optometry * * *

Sec. 6.  26 V.S.A. § 1729(a) is amended to read:

(a)  Upon application, the board shall certify eligible licensees to use therapeutic drugs and to remove superficial foreign bodies as authorized by section 1728 of this title, if the applicant:

(1)  successfully completes a course in the diagnosis, pharmacology and treatment of ocular disease approved by the board and taken after July 1, 1993, from an accredited institution recognized and approved by an agency of the United States Department of Education.  The course approved by the board shall consist of at least 100 hours of which no less than 24 hours shall be in the clinical application of therapeutic drugs; and

(2)  after July 1, 1994, passes an examination certified by the board covering the pertinent areas of ocular disease treatment and pharmacology meets the requirements of section 1715 of this chapter for licensure by examination or meets the requirements of section 1716 of this chapter for licensure by endorsement, and is authorized under the license of another jurisdiction to use therapeutic pharmaceutical agents.

* * * Pharmacy * * *

Sec. 7.  26 V.S.A. § 2022 is amended to read:

§ 2022.  DEFINITIONS

As used in this chapter:

* * *

(13)  A pharmacy technician is an individual who performs tasks relative to dispensing only while assisting, and under the supervision and control of, a licensed pharmacist.

(14)  “Practice of pharmacy” shall mean the interpretation and evaluation of prescription orders; the compounding, dispensing, labeling of drugs and devices (except labeling by a manufacturer, packer, or distributor of nonprescription drugs and commercially packaged legend drugs and devices); the participation in drug selection and drug utilization reviews; the proper and safe storage of drugs and devices and the maintenance of proper records therefor; the responsibility for advising, where necessary or where regulated, of therapeutic values, content, hazards and use of drugs and devices; and the offering or performing of those acts, services, operations or transactions necessary in the conduct, operation, management and control of pharmacy.  No rule shall be adopted by the board under this chapter that shall require the sale and distribution of nonprescription drugs by a licensed pharmacist or under the supervision of a licensed pharmacist or otherwise interfere with the sale and distribution of such medicines.

(14)(15)  “Practitioner” shall mean a physician, dentist, nurse, veterinarian, scientific investigator, or other person (other than pharmacists) licensed by this state or adjoining states or the province of Quebec and permitted by such license to dispense, conduct research with respect to or administer drugs in the course of professional practice or research in their respective state or province.

(15)(16)  “Prescription drug” means any human drug required by federal law or regulation to be dispensed only by a prescription, including finished dosage forms and active ingredients subject to section Section 503(b) of the Federal Food, Drug and Cosmetic Act.

(16)(17)  “Wholesale distribution” means distribution of prescription drugs to persons other than a consumer or patient, but does not include:

* * *

(17)(18)  “Wholesale drug distributor” means any person who is engaged in wholesale distribution of prescription drugs, but does not include any for hire carrier or person hired solely to transport prescription drugs.

Sec. 8.  26 V.S.A. § 2032(a) is amended to read:

(a)  The board shall adopt rules necessary for the performance of its duties, including:

(1)  scope of the practice of pharmacy;

(2)  qualifications for obtaining licensure;

(3)  explanations of appeal and other rights given to licensees, applicants, and the public;

(4)  rules regulating pharmacy technicians.

Sec. 9.  26 V.S.A. § 2042a is added to read:

§ 2042a.  PHARMACY TECHNICIANS; QUALIFICATIONS FOR

                REGISTRATION

No person shall perform the duties of a pharmacy technician unless registered with the board.  To obtain a registration as a pharmacy technician, an applicant shall:

(1)  not have engaged in acts which affect the ability of the applicant to practice as a pharmacy technician; and

(2)  have paid the fee specified in section 2046 of this title.

Sec. 10.  26 V.S.A. § 2042b is added to read:

§ 2042b.  PHARMACY TECHNICIANS; NONDISCRETIONARY TASKS;

                SUPERVISION

(a)  Notwithstanding any other provision of law, a registered pharmacy technician may perform packaging or other nondiscretionary tasks only while assisting and under the supervision and control of a pharmacist.

(b)  This section does not authorize a pharmacy technician to perform packaging or other nondiscretionary tasks without a pharmacist on duty, and without being under the supervision and control of a pharmacist.

(c)  This section does not authorize a pharmacy technician to perform any act requiring the exercise of professional judgment by a pharmacist.

(d)  The board may adopt rules to specify tasks that a pharmacy technician may perform under the supervision and control of a pharmacist pursuant to subsection (a) of this section.  A pharmacy or pharmacist that employs a pharmacy technician to perform tasks specified in subsection (a) shall do so in conformity with the rules adopted by the board pursuant to this section.

(e)  No person shall act as a pharmacy technician without first having submitted an application for registration with the board as set forth in section 2042a of this title.

(f)  A pharmacist on duty shall be directly responsible for the conduct of a pharmacy technician.  A pharmacist responsible for a pharmacy technician shall be on the premises at all times.  A pharmacist shall verify a prescription before medication is provided to the patient.

Sec. 11.  26 V.S.A. § 2046 is amended to read:

§ 2046.  FEES

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

(1)  Application Initial application

(A)  Pharmacists                                 $ 40.00 $110.00

(B)  Retail drug outlets                      $ 200.00 $270.00

(C)  Institutional drug outlets             $ 200.00 $270.00

(D)  Manufacturing drug outlet          $ 200.00 $270.00

(E)  Wholesale drug outlet                 $ 200.00 $400.00

(F)  Investigative and research projects $ 200.00 $270.00

(G)  Pharmacy technicians                                 $ 25.00

(2)  Initial license or biennial Biennial renewal

(A)  Pharmacists                                               $ 70.00

(B)  Retail drug outlets                                      $ 70.00

(C)  Institutional drug outlets                             $ 70.00

(D)  Manufacturing drug outlet                          $ 70.00

(E)  Wholesale drug outlet                               $ 200.00

(F)  Investigative and research projects             $ 70.00

(G)  Pharmacy technicians                                 $ 50.00

* * * Veterinary Medicine * * *

Sec. 12.  26 V.S.A. § 2404 is added to read:

§ 2404.  IMMUNITY FROM LIABILITY FOR REPORTING SUSPECTED

CASES OF ANIMAL CRUELTY

(a)  There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, a veterinarian licensed to practice in this state who, in good faith and in the normal course of practice, reports suspected cases of cruelty to animals, as defined in sections 352 and 352a of Title 13, to any humane officer or officer as defined in subdivision 351(4) of Title 13 or local board of health officer or agent.

(b)  There shall be no monetary liability on the part of, and no cause of action for damages against, a veterinarian licensed to practice in this state who accompanies a humane officer during the execution of a warrant pursuant to section 354 of Title 13, or evaluates the health of and provides medical attention to, including a decision for euthanasia, an animal brought to that veterinarian for health assessment, pursuant to section 354.

(c)  There shall be no monetary liability on the part of, and no cause of action for damages against, a veterinarian licensed to practice in this state who inspects premises or orders a quarantine pursuant to section 3682 or 3683 of Title 20.

* * * Land Surveyors * * *

Sec. 13.  26 V.S.A. § 2502 is amended to read:

§ 2502.  DEFINITIONS

For the purpose of this chapter:

* * *

(3)  “Land surveying” means the process of searching land records, applying the rules of evidence with respect to boundary law and applying the principles and methods of property measurement, all performed for the purpose of;

(A)  determining the proper location for monumentation of property boundaries and establishing that monumentation; or

(B)  determining the area of property within established boundaries; or

(C)  preparing written and graphic property survey descriptions for conveyancing.

“Licensed land surveyor” means a person licensed by the board who is:

(A)  a professional specialist in measuring land;

(B)  educated in the principles of mathematics, the related physical and applied sciences, and real property law; and

(C)  engaged in the practice of land surveying as defined in this section.

(4)  “Practice of land surveying” means providing, or offering to provide, professional services, including record research, reconnaissance, measurements, gathering parol evidence, analysis of evidence, mapping, planning, expert testimony, and consultation related to any of the following:

(A)  locating, relocating, establishing, reestablishing, or retracing property lines or boundaries, or demarcating other legal rights or interests in any tract of land, road, right‑of‑way, or easement;

(B)  determining, by the use of principles of surveying, the position for any boundary monument or reference point, or replacing any monument or reference point;

(C)  making any survey for the division, subdivision, or consolidation of any tract of land;

(D)  creating, preparing, or modifying graphic documents such as maps, plats, and plans, or electronic data used or referenced in instruments of conveyance of rights in real property, or which define rights in real property, or are used to define such rights;

(E)  calculating dimensions and areas, which may be used to define rights in real property.

(4)  “Monumentation” (5)  “Monument” excludes paint marks, ribbons, signs, and any nonpermanent structures supporting ribbons or signs.

(5)(6)  “Responsible charge” means direct control and personal supervision.

(6)(7)  “Supervision” of an applicant means regular personal review of the applicant’s land surveying work.

Sec. 14.  26 V.S.A. § 2503 is amended to read:

§ 2503.  PROHIBITION; EXCEPTIONS

(a)  A person who is not licensed by the board shall not:

(1)  use the title “licensed land surveyor” or any substantially equivalent title;

(2)  represent himself or herself as licensed by this state or able to perform land surveying; or

(3)  practice land surveying or act in responsible charge of another person who practices land surveying.

(b)  Subdivision (a)(3) of this section does not prohibit:

(1)  preparation of assessment maps, current use maps for use valuation appraisal, or similar maps, which are clearly not intended to indicate the legally authoritative location or demarcation of property boundaries or extent where legal rights or interests in any tract of land are or may be affected, or licensed or qualified members of other professions or trades from performing duties incidental to those occupations;

(2)  surveying for topography;

(3)  maintaining existing monumentation;

(4)  preparation of subdivision proposals;

(5)  preparation of conveyance provisions;

(6)  surveying for grading, planning street layout, and locating minor drainage structures within a subdivision;

(7)  conducting other types of engineering surveys; or

(8)  licensed or qualified members of other professions or trades from performing duties incidental to those occupations.

(c)  Subsection (b) of this section does not prohibit licensed surveyors from performing any activities mentioned in that subsection.

* * * Review of Licensing Statutes * * *

Sec. 15.  SUNRISE FEES STUDY

The secretary of state and the commissioner of finance and management shall jointly study the costs associated with sunrise provisions for the office of professional regulation and appropriate ways to cover these costs.  They shall file a report which includes an analysis of the costs associated with establishing new regulated professions, a review of other states’ methods of addressing these costs, and alternative ways of paying for them.  The report shall be submitted to the secretary of administration, the house and senate committees on government operations, the house committee on ways and means, and the senate committee on finance by November 1, 2003.

Sec. 16.  26 V.S.A. § 3106 is amended to read:

§ 3106.  DIRECTOR OF THE OFFICE OF PROFESSIONAL

               REGULATION; ANNUAL REPORT

Annually, the director of the office of professional regulation shall prepare a concise report on the activities of all boards under his or her jurisdiction.  At least two months prior Prior to the commencement of each legislative session, the director shall prepare a report in writing for publication on the office’s website containing his or her assessments, conclusions, and recommendations with proposals for legislation, if any, to the speaker of the house and to the chairpersons of the government operations committees of the house and senate and the chairpersons of the boards.  The office shall also provide written copies  of the report to the house and senate committees on government operations.

* * * Clinical Mental Health Counselors * * *

Sec. 17.  26 V.S.A. § 3268 is amended to read:

§ 3268.  LICENSING WITHOUT EXAMINATION

The board may waive the examination requirement if the applicant is a clinical mental health counselor regulated under the laws of another state jurisdiction, who is in good standing to practice clinical mental health counseling in that state jurisdiction, and, in the opinion of the board, the standards and qualifications required for regulation of clinical mental health counseling in that state jurisdiction are currently at least equal substantially equivalent to those required by this chapter.  The board may not waive any required period of supervised experience.

* * * Real Estate Appraisers * * *

Sec. 18.  26 V.S.A. § 3319a is amended to read:

§ 3319a.  APPRAISER TRAINEE REGISTRATION

A person who has completed a course of instruction as defined pursuant to rule adopted under section subdivision 3315(b)(1) of this title may work as a state licensed, certified residential, or certified general appraiser trainee provided the person is registered with the board.  An appraiser trainee shall work under the direct supervision of an appraiser who holds a full license in good standing in the same or higher level as the work being supervised.  An appraiser trainee may perform activities within the scope of practice of the license sought provided that the supervising appraiser reviews and signs all resulting appraisals.  The supervising appraiser shall be professionally responsible for such activities performed by the trainee.  For the purposes of this section, “good standing” means that the appraiser supervisor holds a current, unrestricted license and has not been subject to disciplinary action resulting in a finding of unprofessional conduct within the previous five years.

* * * Marriage and Family Therapists * * *

Sec. 19.  26 V.S.A. § 4039 is amended to read:

§ 4039.  CERTIFICATION WITHOUT EXAMINATION

(a)  The board may waive the examination requirement for licensure if the applicant is a marriage and family therapist regulated under the laws of another jurisdiction who is in good standing to practice marriage and family therapy in that jurisdiction and, in the opinion of the board, the standards and qualifications required for regulation of marriage and family therapy in that jurisdiction are currently at least equal substantially equivalent to those required by this chapter.

(b)  The board may waive the examination requirement if the applicant has been engaged in the practice of marriage and family therapy for 10 or more years and has successfully completed a commission accredited graduate degree or post-graduate academic program in marriage and family therapy.

* * * Psychotherapists * * *

Sec. 20.  REPEAL

26 V.S.A. § 4087(c) (commencement of investigation into unauthorized practice of psychotherapy) is repealed in its entirety.

* * * Tattooists and Body Piercers * * *

Sec. 21.  26 V.S.A. § 4105 is amended to read:

§ 4105.  REGISTRATION; APPRENTICESHIP REQUIREMENTS

(a)  A person who intends to engage in the practice of tattooing or body piercing in this state shall register with the office of professional regulation and shall pay the required fee.  Registration shall be in the form required by the director and shall include such information as the director may require concerning the location of the registrant’s practice, the registrant’s qualification, and the nature of the services offered.

(b)  As a prerequisite to registration, a tattooist or body piercer applicant shall provide proof of an apprenticeship of at least 1,000 hours of experience obtained within one calendar year working under the direction and supervision of a body piercer or tattooist registered and in good standing with this state or the state in which he or she is regulated, and who has been in practice a minimum of three years.  Such proof may be in the form of a sworn affidavit from the supervising tattooist or body piercer, including information as the director may reasonably require on forms provided by the director.  Apprenticeships shall include successful completion of a three‑hour course in universal precautions and infectious diseases.  Apprentices shall contact the office for the appropriate forms prior to beginning the apprenticeship.

(c)  No shop shall operate in this state without first registering with the office of professional regulation and paying a fee of $100.00.  Registration shall be in the form required by the director.

* * *

* * * Naturopathic Physicians * * *

Sec. 22.  26 V.S.A. § 4125(c) is amended to read:

(c)  At least annually, the commissioner of health, with the advice of the advisor appointees, shall review and be responsible for periodically updating the formulary of prescription drugs that may be used by naturopathic physicians in a manner that is consistent with their scope of practice and that includes a protocol and formulary for drug use by licensed naturopathic physicians practicing naturopathic childbirth.  If a nonnatural substance is found to be substantially safer in treatment or without which a patient’s safety care would be compromised, as in emergency medicine, then nonnatural substances may be added to the formulary.

* * * Athletic Trainers * * *

Sec. 23.  26 V.S.A. § 4151 is amended to read:

§ 4151.  DEFINITIONS

As used in this chapter:

* * *

(2)  “Athletic injury” means a disruption of tissue continuity, physiological function, or neurological function that is sustained by an athlete who does not have any underlying pathology, when that injury:

(A)  results from that individual’s participation in or training for sports, fitness training, or other athletic competition; or

(B)  restricts or prevents that individual from participation in those activities.

(3)  “Athletic training” means the application of principles and methods of conditioning, the prevention, immediate care, recognition, evaluation, assessment, and treatment of athletic and orthopedic injuries within the scope of education and training, the organization and administration of an athletic training program and the education and counseling of athletes, coaches, family members, medical personnel, and communities in the area of care and prevention of athletic and orthopedic injuries.  Athletic training may only be applied in the “traditional setting” and the “clinical setting”:

(A)  Without further referral, to athletes participating in organized sports or athletic teams at an interscholastic, intramural, instructional, intercollegiate, amateur, or professional level.

(B)  With a referral from a physician, osteopathic physician, dentist, or chiropractor, to persons athletes or the physically active who have an athletic or orthopedic injury and have been determined, by a physician’s examination, to be free of an underlying pathology that would affect treatment.

(4)  “Certified Licensed athletic trainer” means a person certified licensed in accordance with the provisions of this chapter.

* * *

(7)  “Disciplinary action” or “disciplinary cases” includes any action taken by the administrative law officer established in section 129 of Title 3 against a certified licensed athletic trainer or applicant premised upon a finding of wrongdoing or unprofessional conduct.  It includes all sanctions of any kind, denying, suspending or revoking certifications licenses, issuing warnings, and other sanctions.

(8)  “Orthopaedic injury” means a disruption of musculoskeletal tissue continuity that is sustained by an a physically active individual.  An individual with this type of injury may be treated by an athletic trainer as long as the individual does not have any underlying pathologies that would affect treatment.

(9)  “Physically active individual” means an individual who is well conditioned, healthy, and free from underlying pathology, who participates in athletic or recreational activities which require physical skills and utilize strength, power, endurance, speed, flexibility, range of motion, or agility.

(10)  “Referral” means sending a patient for treatment.

(10)(11)  “Settings” means any areas in which an athletic trainer may practice athletic training. These areas include:

(A)  “Traditional setting” means working with any organized sports or athletic teams at an interscholastic, intramural, instructional, intercollegiate, amateur, or professional level.

(B)  “Clinical setting” means an outpatient orthopaedic or sports medicine clinic that employs, at a minimum, athletic trainers and physical therapists at a ratio of no greater than two athletic trainers to one physical therapist one of the following:  physician, osteopathic physician, chiropractor, or physical therapist.

(11)(12)  “Underlying pathology” means any disease process, including but not limited to neuromuscular disease, diabetes, spinal cord injuries, and systemic diseases.

Sec. 24.  26 V.S.A. § 4152(a) is amended to read:

(a)  No person may use in connection with the person’s name any letters, words, or insignia indicating or implying that the person is a certified licensed athletic trainer unless the person is certified licensed in accordance with this chapter.

Sec. 25.  26 V.S.A. § 4153 is amended to read:

§ 4153.  EXEMPTIONS

The provisions of this chapter shall not apply to:

(1)  a nonresident athletic trainer who does not otherwise practice in this state and who is employed by an out-of-state educational institution or a professional sports team, provided that the nonresident athletic trainer is certified by the National Athletic Trainers Association;

(2)  a person who assists or provides response care to an injured athlete and who does not attempt to assess the injury, provide follow-up treatment, or otherwise practice athletic training as defined in this chapter;

(3)  a person duly licensed under the laws of this state who is practicing within the scope of the profession for which the person is licensed; or

(4)  the practice of athletic training which is incidental to a program of study by a person enrolled in an athletic training education program approved by the director, or graduates of an approved athletic training education program pending the results of the first licensing examination scheduled by the director following graduation.  Graduates shall practice under the supervision of a licensed athletic trainer and shall have an application for licensure by examination on file.

Sec. 26.  26 V.S.A. § 4154(a) is amended to read:

(a)  The director shall:

(1)  Provide general information to applicants for certification licensure as athletic trainers.

(2)  Explain appeal procedures to certified licensed athletic trainers and applicants, and complaint procedures to the public.

(3)  Administer fees as established by law.

(4)  Receive applications for certification licensure, administer examinations, provide certificates licenses to applicants qualified under this chapter, renew, revoke, and reinstate certificates licenses as ordered by an administrative law officer.

(5)  Refer all disciplinary matters to an administrative law officer.

Sec. 27.  26 V.S.A. § 4156 is amended to read:

§ 4156.  ELIGIBILITY

To be eligible for certification licensure as an athletic trainer, an applicant shall have:

(1)  Pass the National Athletic Trainers Association Board of Certification examination consisting of written, oral and written simulation portions graduated from an athletic training program which is accredited by an agency recognized by the United States Department of Education or the Council on Post‑Secondary Accreditation; and

(2)  Furnish proof of membership in good standing with the National Athletic Trainers Association Board of Certification passed an examination approved by the director.

Sec. 28.  26 V.S.A. § 4157 is amended to read:

§ 4157.  CERTIFICATION LICENSURE WITHOUT EXAMINATION

The director may, upon payment of the required fee, grant certification licensure without examination if the applicant is licensed or certified in good standing to practice athletic training in another jurisdiction with regulatory requirements substantially equivalent to those in this state.

Sec. 29.  26 V.S.A. § 4157a is amended to read:

§ 4157a.  TEMPORARY CERTIFICATION LICENSURE

An applicant who is currently certified by and in good standing with the National Athletic Trainers Association Board of Certification, or who is currently licensed or certified and in good standing in another state, shall be eligible for a 60-day temporary certification license.  Applicants under this section shall meet the requirements of section 4158 of this title.  Temporary practice shall not exceed 60 days in any calendar year.

Sec. 30.  26 V.S.A. § 4158 is amended to read:

§ 4158.  APPLICATION

A person who desires to be certified licensed as an athletic trainer shall apply to the director in writing, on a form furnished by the director, accompanied by payment of a fee required pursuant to section 125 of Title 3 and evidence that the applicant meets the requirements set forth in section 4156 or 4157 of this title.

Sec. 31.  26 V.S.A. § 4158a is amended to read:

§ 4158a.  RENEWALS

(a)  Certificates Licenses shall be renewed every two years upon payment of the required fee.

(b)  Biennially, the director shall forward a renewal form to each certificate license holder.  Upon receipt of the completed form and the renewal fee, the director shall issue a new certificate license.

(c)  Any application for renewal of a certificate license which has expired shall be accompanied by the renewal fee and late fee.  A person shall not be required to pay renewal fees for years during which the certificate license was lapsed.

(d)  The director may, after notice and opportunity for a hearing, revoke a person’s right to renew certification licensure if the certificate license has lapsed for five or more years.

Sec. 32.  26 V.S.A. § 4159 is amended to read:

§ 4159.  UNPROFESSIONAL CONDUCT

(a)  A certified licensed athletic trainer shall not engage in unprofessional conduct.  When such conduct is committed by an applicant, it shall be grounds for denial of the application or other disciplinary action.

* * *

(c)  After notice and an opportunity for hearing, and upon a finding of unprofessional conduct, an administrative law officer may take disciplinary action against a certified licensed athletic trainer or applicant.

Sec. 33.  26 V.S.A. § 4160 is amended to read:

§ 4160.  COORDINATION OF PRACTICE ACTS

Notwithstanding any provision of law to the contrary, the practice of athletic training by a person certified licensed under this chapter shall not constitute unauthorized practice of any other profession regulated under this title, provided the person is acting within the scope of his or her profession as an athletic trainer and does not hold himself or herself out as a practitioner of a profession for which he or she is not licensed or certified.  Nothing in this chapter shall be construed to prevent persons certified licensed as athletic trainers from performing patient care activities under the supervision of licensed health care providers.

* * * Auctioneers * * *

Sec. 34.  26 V.S.A. § 4602 is amended to read:

§ 4602.  DEFINITIONS

As used in this chapter:

(1)  “Auction” means the offering of real or personal property for sale by means of exchanges between an auctioneer and bidders.

(2)  “Auctioneer” means a person who conducts, advertises, or offers services to conduct auctions.  Not included in this definition are persons required or authorized by law to sell real or personal property to retailers or merchants.

(3)  “Director” means the director of the office of professional regulation.

(2)(4)  “Disciplinary action” means any action taken by an administrative law officer established under subsection 129(j) of Title 3 against a licensed auctioneer or an applicant.  It includes all sanctions of any kind, including the denial of licensure, the issuance of warnings, reprimands, conditions, suspensions or revocations of licensure.

Sec. 35.  26 V.S.A. § 4603 is amended to read:

§ 4603.  PROHIBITION; PENALTY

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

(b)  No person shall provide services as an auctioneer as defined by this chapter unless the person is licensed in accordance with this chapter.

(c)  A person who violates this section shall be fined not more than $1,000.00 for each occurrence.

Sec. 36.  26 V.S.A. § 4606 is amended to read:

§ 4606.  APPLICATION

(a)  A person who desires to be licensed as an auctioneer shall apply to the director, in writing, on a form furnished by the director, accompanied by payment of the required fee.  As a prerequisite to licensure, an applicant for licensure as an auctioneer shall have:

(1)  completed a course of instruction at an auctioneering school approved by the director with course requirements consisting of at least 40 clock hours; or

(2)  completed an apprenticeship of at least 1,000 hours of experience obtained within one calendar year which includes active participation in at least six auctions under the direction and supervision of an auctioneer licensed and in good standing with this state or the state in which he or she is licensed and who has been in practice a minimum of three years.  Such proof may be in the form of a sworn affidavit from the supervising auctioneer, including  information as the director may reasonably require on forms provided by the director.  Auctioneer apprentices shall contact the office for the appropriate forms prior to beginning the apprenticeship.

(b)  The director shall license otherwise qualified applicants who have obtained a license in another jurisdiction which has licensure requirements substantially equivalent to those in this state.

Sec. 37.  REPEAL

26 V.S.A. § 4601 (secretary of state authority to revoke licenses) is repealed in its entirety.

* * * Motor Vehicle Racing * * *

Sec. 38.  31 V.S.A. § 303 is amended to read:

§ 303.  DEFINITIONS

As used in this chapter:

(1)  “Motor vehicle” means a land vehicle propelled or drawn by power other than muscular power, including an automobile, midget, sprint or stock car, go-cart, all-terrain vehicle, motorcycle, or snowmobile.

(2)  “Municipality” applies to a town, city, or village;.

(2)  “Selectmen” applies to the board of selectmen of a town, the mayor and board of aldermen of a city or the trustees of a village;

(3)  “Race” includes any race, scramble, demolition derby, or contest involving a motor vehicle as defined in this section at which prizes or other consideration is awarded to participants or admission is charged to spectators 4(21) of Title 23, which includes but is not limited to an automobile, or a midget, sprint or stock car, or a go-cart, or a motorcycle.  However, this subdivision shall not apply to sports car events as defined in subdivision (6)(7)  of this section.

(4)  “Regulation,” unless otherwise specified, means any regulation or rule or any amendment, revision or repeal of a regulation made by the commission;.

(5)  “Scramble” means a motorcycle race on a prescribed course over rugged terrain, usually a half mile or more in length;.

(6)  “Selectmen” applies to the select board of a town, the mayor and board of aldermen of a city, or the trustees of a village;

(7)  A “sports car event” is an event in which one motor vehicle at a time competes over a defined course against a set standard and includes, but not by way of limitation, standards as to time, distance and performance, including rallies, gymkhanas, autocrosses, hill climbs, drag races, or performance trials.

* * * Miscellaneous * * *

Sec. 39.  REPEAL

Section 1351 of Title 26 (composition and organization of the board of medical practice) as amended by Sec. 21 of No. 129 of the Acts of the 2001 Adj. Sess. (2002) is repealed.

Approved:  June 9, 2003