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NO. 40. AN ACT RELATING TO EFFICIENCY IN THE REGULATION OF PROFESSIONS AND OCCUPATIONS.

(H.525)

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

* * * Office of Professional Regulation * * *

Sec. 1. 3 V.S.A. 121(2) is amended to read:

(2) "Licensing board" or "board" refers to the boards, commissions and professions listed in section 122 of this title and, in the case of disciplinary matters or denials of licensure, *[a special panel]* an administrative law officer appointed under subsection 129(j) of this title. Notwithstanding statutory language to the contrary except provisions relating to the powers of the medical practice board, this subchapter shall apply to all those boards.

Sec. 2. 3 V.S.A. 123(e) and (f) are amended to read:

(e) The secretary of state shall contract with and appoint one or more attorneys licensed to practice in this state to serve as administrative law officers under subsection 129(j) of this title or appellate officers under section *[130]* 130a of this title.

(f) An interboard advisory committee consisting of one member of each board, designated by that board, is created. In the case of a profession which has advisor appointees, the appointees shall designate one of the appointees or another licensed member of the profession to serve on the committee. The *[director]* committee shall meet at least *[quarterly]* annually with the *[committee]* director to discuss the operation of the office and matters of concern to boards.

Sec. 3. 3 V.S.A. 125(6) is added to read:

(6) Licenses granted under rules adopted

pursuant to 3 V.S.A. 129(10) $20.00

Sec. 4. 3 V.S.A. 129 is amended to read:

129. POWERS OF BOARDS; DISCIPLINE PROCESS

(a) In addition to any other provisions of law, a board may exercise the following powers:

* * * [Text Not Reproduced] * * *

(4) After notice and an opportunity to be heard, issue a warning for minorviolations of a provision of statute or the board’s rules. The types of violations subject to warnings under this section shall be designated by the board, by rule. *[(4)]*(5) Issue *[warnings or]* reprimands, suspend, revoke, limit, condition or prevent renewal of licenses, after disciplinary hearings or, in cases requiring emergency action, immediately, as provided by section 814 of this title.

*[(5)]*(6) Reinstate or deny reinstatement of a license which has been revoked, suspended, limited or conditioned.

*[(6)]*(7) Discipline any licensee or refuse to license any person who has had a license revoked, suspended, limited or conditioned by a licensing agency in another jurisdiction for an offense which would constitute unprofessional conduct in this state, or has surrendered a license while under investigation for unprofessional conduct.

*[(7)]*(8) Notify relevant state, federal and local agencies and appropriate bodies in other states of the status of any disciplinary case against an applicant or licensee, provided the board has taken disciplinary action or has served a notice of charges against the person.

(9) Refuse to accept the return of a license tendered by the subject of a disciplinary investigation or refuse to allow an applicant who is the subject of a disciplinary investigation to withdraw his or her application without permission of the board.

(10) Adopt rules governing the issuance of licenses to practice, to persons licensed and in good standing to practice in another jurisdiction, that authorize the holder of the license to practice in this state for no more than 10 days or 80 hours in any calendar year upon payment of the required fee; however, no fee shall be charged if the applicant’s practice will be limited to providing services on a pro bono basis at a free health or dental care clinic.

(11) For good cause shown, waive fees in accordance with standards established by the board by rule.

* * * [Text Not Reproduced] * * *

(c) A board may assign one or more members of the board to investigate complaints. These members shall have the assistance of an investigator for the office and the attorneygeneral who shall be responsible for prosecuting cases before the board. In the case of professions which have advisor appointees, the secretary may designate one or more of the advisor appointees or other licensed or certified members of the profession to assist in the investigation. While acting in this capacity, a board member or advisor appointee shall not sit in adjudication of the case. When a board is unable to assign one or more members to investigate complaints by reason of disqualification, resignation, vacancy or necessary absence, the secretary of state may, at the request of the board, appoint ad hoc members to serve on the board for investigation of that matter only. Ad hoc members shall have the same qualifications as required by law for the absent members. The board shall appoint independent counsel when, in the opinion of the attorney general or the board, the attorney general has a potential conflict of interest.

* * * [Text Not Reproduced] * * *

(h) A board member *[or]*, hearing officer or administrative law officer having a personal or pecuniary interest or the appearance of a personal or pecuniary interest in the outcome of any board decision shall not participate in deciding the matter. A board member, hearing officer or administrative law officer whose disqualification is sought shall either disqualify himself or herself or, without ruling on the request for disqualification, refer the request to the secretary of state, who shall rule on the request. The ruling of the secretary of state on a request for disqualification shall be final and shall be subject to review only upon appeal of a final order of a board under section 130a of this title or of an administrative law officer under subsection (j) of this section. When a board is unable to convene a quorum by reason of disqualification, resignation, vacancy or necessary absence, the secretary of state shall appoint ad hoc members to serve on the board for that matter only, after consulting with the chair of the board involved. Ad hoc members shall have the same qualifications as required by law for the absent members.

(i) A board may consult with the attorney general for the proper conduct of its affairs.

(j)*[(1) Hearings involving denials of licensure or disciplinary matters concerning persons in professions which have advisor appointees shall be heard by special panels appointed by the secretary of state in each case. A panel shall consist of the advisorappointees and one public member. When an advisor appointee is unable to serve by reason of disqualification or necessary absence, the secretary of state may appoint a licensed or certified member of the profession. The secretary shall designate the panel chair.]*

*[(2)(A) Notwithstanding the provisions of subdivision (j)(1) of this section, a special panel that hears matters relating to psychotherapists shall consist of one advisor appointee; one psychotherapist who is on the roster of nonlicensed and noncertified psychotherapists, who is not an advisor appointee, who is knowledgeable about the field in which the person subject to the denial or disciplinary action practices; and one public member. When the advisor appointee is unable to serve by reason of disqualification or necessary absence, the secretary of state shall appoint a psychotherapist, who is listed on the roster of psychotherapists and is knowledgeable about the field in which the person subject to denial or disciplinary action practices, to serve on the panel in lieu of the advisor appointee.]*

*[(B) If the hearing involves a person who is employed by or under contract with a community mental health center or a hospital, the special panel shall consist of one advisor appointee, and one employee of a different community mental health center, who is subject to the same regulatory law and one public member. However, if such hearing involves a marriage and family therapist and the secretary of state is unable to appoint ad hoc members who are also marriage and family therapists, the community mental health center and agency of human services ad hoc appointees may be licensed clinical mental health counselors.]*

Notwithstanding the provisions of section 130a of this title, hearings involving denials of licensure or disciplinary matters concerning persons in professions that have advisor appointees shall be heard by an administrative law officer appointed by the secretary of state. A party aggrieved by a final decision of an administrative law officer may appeal to the superior court in Washington County which shall review the matter on the basis of the record created before the administrative law officer.

Sec. 5. 3 V.S.A. 129a is added 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.

(1) Fraudulent or deceptive procurement or use of a license.

(2) Advertising that is intended or has a tendency to deceive.

(3) Failing to comply with provisions of federal or state statutes or rules governing the practice of the profession.

(4) Failing to comply with an order of the board or violating any term or condition of a license restricted by the board.

(5) Practicing the profession when medically or psychologically unfit to do so.

(6) Delegating 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.

(7) Willfully making or filing false reports or records in the practice of the profession; willfully impeding or obstructing the proper making or filing of reports or records or willfully failing to file the proper reports or records.

(8) Failing to make available promptly to a person using professional health care services, that person’s representative, succeeding health care professionals or institutions, upon 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.

(9) 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.

(10) 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 prudentprofessional engaged in similar practice under the same or similar conditions, whether or not actual injury to a client, patient or customer has occurred.

(11) 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.

(b) 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.

(c) 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.

(d) In the case where a standard of unprofessional conduct as set forth in this section conflicts with a standard set forth in a specific board’s statute or rule, the standard that is most protective of the public shall govern.

Sec. 6. 3 V.S.A. 129b is added to read:

129b. BOARD MEMBER APPOINTMENTS

(a) Notwithstanding any provision of law to the contrary relating to terms of office and appointments for members of boards attached to the office of professional regulation, all members appointed by the governor shall be appointed for staggered four-year terms and shall serve at the pleasure of the governor. Appointments under this section shall not be subject to the advice and consent of the senate. The governor may remove any member of a board as provided in section 2004 of this title. Vacancies created other than by expiration of a term shall be filled in the same manner that the initial appointment was made for the unexpired portion of the term. Terms shall begin on July 1 of the year of appointment and run through June 30 of the last year of the term. The governor may request nominations from any source but shall not be bound to select board members from among the persons nominated. As provided in section 2004 of this title, board members shall hold office and serve until a successor has been appointed.

(b) Board members shall not serve more than two consecutive terms. Members appointed to fill a vacancy created before the end of a term shall not be deemed to have served a term for purposes of this section.

(c) Boards shall meet annually, in September or the first meeting scheduled thereafter, to elect a chair, vice-chair and secretary.

(d) Meetings may be called by the chair or shall be called upon the request of any other two board members.

(e) Meetings shall be warned and conducted in accordance with chapter 5 of Title 1, the open meeting law.

Sec. 7. TRANSITIONAL PROVISIONS RELATING TO BOARD APPOINTMENTS

(a) Notwithstanding the provisions of 3 V.S.A. 129b, relating to four-year terms of office for board members, a four-year term for such members shall be phased in as terms of members in office on the effective date of this act expire. Initial appointments under 3 V.S.A. 129b may be for less than four years.

(b) The provisions of 3 V.S.A. 129b, relating to four-year terms of office for board members, shall not apply to the state board of dental examiners until July 1, 1999. On and after July 1, 1999, four-year terms for members of the state board of dental examiners shall be phased in as terms of current members of the board expire. Initial appointments to the state board of dental examiners under 3 V.S.A. 129b may be for less than four years.

Sec. 8. 3 V.S.A. 131(c)(2) is amended to read:

(2) only with respect to complaints resulting in filing of disciplinary charges or the taking of disciplinary action, the following additional information:

(A) the name and business addresses of the licensee and complainant;

(B) formal charges *[served]*, provided that they have been served or a reasonable effort to serve them has been made;

(C) the findings, conclusions and order of the board;

(D) the transcript of the hearing, if one has been made, and exhibits admitted at the hearing;

(E) stipulations approved by the board; and

(F) final disposition of the matter by the appellate officer or the courts.

* * * Professional Limited Liability Company Provisions * * *

* * * Public Accountants * * *

Sec. 9. 26 V.S.A. 14(e) is amended to read:

(e) No person may use the title "certified public accountant" or "registered public accountant" in conjunction with names indicating or implying that there is a partnership or corporation, or limited liability company, or in conjunction with the designation "and company" or "and co." or a similar designation if there is no bona fide partnership *[or]*, corporation or limited liability company.

Sec. 10. 26 V.S.A. 73 is amended to read:

73. CORPORATIONS AND LIMITED LIABILITY COMPANIES PRACTICING

PUBLIC ACCOUNTING

A corporation or limited liability company engaged in the practice of public accounting shall incorporate as a professional corporation, or organize as a professional limited liability company and may be disciplined by the board for the unprofessional conduct of its officers, directors, managers, members and employees. Disciplinary action against a corporation or limited liability company may include recommending to the secretary of state that involuntary dissolution proceedings be begun.

* * * Architects * * *

Sec. 11. 26 V.S.A. 203 is amended to read:

203. --CORPORATIONS; LIMITED LIABILITY COMPANIES

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

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

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

* * * Professional Engineering * * *

Sec. 12. 26 V.S.A. 1186 is amended to read:

1186. CORPORATIONS; LIMITED LIABILITY COMPANIES

A corporation created after July 1, 1984, or a limited liability company, completely or in part for the practice of engineering shall incorporate as a professional corporation, or organize as a professional limited liability company. However, a corporation or a limited liability company engaged in both engineering and land surveying may allow a licensed land surveyor to exercise all of the corporate rights and duties of an engineer in that corporation or company.

* * * Land Surveyors * * *

Sec. 13. 26 V.S.A. 2593 is amended to read:

2593. CORPORATIONS, LIMITED LIABILITY COMPANIES, PARTNERSHIPS,

ASSOCIATIONS; INDIVIDUAL PROPRIETORSHIPS; LIABILITY

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

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

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

* * * Nursing Home Administrators * * *

Sec. 14. 18 V.S.A. 2052 is amended to read:

2052. BOARD OF EXAMINERS; COMPOSITION; APPOINTMENT; TERMS;

ORGANIZATION

(a) Effective July 1, 1970, a state board of examiners for nursing home administratorsis created who shall administer the provision of this chapter.

(b) The board shall consist of *[nine]* seven persons as follows:

(1) *[four]* three practicing nursing home administrators *[at least three of whom]* who shall be charged with the general administration of a long-term health-care facility at the time of their appointment and during *[their]* his or her entire term on the board;

(2) *[two]* one practicing *[physicians]* physician engaged in the care of the chronically ill and infirmed;

(3) one private citizen of the state who represents the interests of residents of nursing homes;

(4) one educator from an institution of higher education, currently teaching in a health field; and

(5) one of the following, who shall not be employed in a nursing home; a practicing registered nurse with training in geriatrics, a physical therapist or an occupational therapist.

(c) Members of the board shall be appointed by the governor *[with the advice and consent of the senate as follows:]*.

*[(1) those members of the board sitting as practicing nursing home administrators shall be appointed by the governor from a list, containing three nominees for each seat assigned to a practicing nursing home administrator, submitted by the Vermont chapter of the American college of nursing home administrators and the Vermont nursing home association.]*

*[(2) those members of the board sitting as practicing physicians experienced in the care of the chronically ill and infirm aged shall be appointed by the governor from a list of nominees submitted by the Vermont medical society which shall submit three names for each seat assigned to a physician experienced in the care of the chronically ill and infirm aged;]*

*[(3) the member of the board sitting as a private citizen shall be appointed by the governor from a list of three nominees submitted by the interdepartmental council on aging; and]*

*[(4) the member of the board sitting as an educator shall be appointed by the governor from a list of three nominees submitted by the state board of health.]*

*[(5) the ninth member of the board shall be appointed by the governor from a list of three nominees submitted by the state board of health.]*

*[(d) The members of the board shall be appointed within ninety days after April 1, 1970, to serve the following terms:]*

*[(1) one physician, one nursing home administrator, the educator and the private citizen for two years each;]*

*[(2) one physician and two nursing home administrators for three years each; and]*

*[(3) two nursing home administrators for four years each, from the date of their appointment, or until their successors are appointed and qualified.]*

*[(e) Each nursing home administrator of the board first appointed under this section shall receive a license under this chapter from the board without examination. On the expiration of the term of any member who has served as a licensed nursing home administrator or as a physician, the governor shall in the manner specified in this section appoint for a term of four years a licensed nursing home administrator, or a physician, as the case may be, to take the place of the member whose term on the board is about to expire. Each member shall hold office until the expiration of the term for which the member is appointed or until a successor is appointed and qualified. The same shall be true in the case where the terms of the educator and the private citizen have expired, except that their terms shall be for two years.]*

*[(f) The board shall elect from its membership a chairman, vice-chairman and secretary-treasurer, and shall adopt rules and regulations to govern its proceedings. Each member shall receive $15.00 per day and actual expenses while engaged in the performance of his duties. The board may employ and fix the compensation and duties of necessary personnel to assist it in the performance of its duties.]*

* * * Public Accountants * * *

Sec. 15. 26 V.S.A. 72a(c) is amended to read:

(c) Without requiring an examination, the board shall issue an appropriate license to apublic accountant who is licensed or certified under the laws of another state

(1) with requirements which the board considers to be substantially equal to those of this state; or

(2) 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, after having passed an examination upon which the applicant's certificate was based within the ten years immediately preceding the application; and

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

* * * Barbers and Cosmetologists * * *

Sec. 16. 26 V.S.A. chapter 6 is added to read:

CHAPTER 6. BARBERS AND COSMETOLOGISTS

271. DEFINITIONS

For the purposes of 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, permanent waving hair or similar work by any means, with hands or mechanical or electrical apparatus or appliances. Barbering also includes esthetics.

(2) "Board" means the board of barbers and cosmetologists.

(3) "Cosmetology" means engaging in the continuing performance, for compensation, of any of the following activities:

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

(B) Esthetics.

(C) Manicuring.

(4) "Disciplinary action" or "disciplinary cases" includes any action taken by the board against a licensee, registrant or applicant premised upon a finding of wrongdoing or unprofessional conduct by the licensee or applicant. It includes all sanctions of any kind, excluding obtaining injunctions, but including issuing warnings, other similar sanctions and ordering restitution.

(5) "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.

(6) "Financial interest" means being:

(A) a licensed barber;

(B) a licensed cosmetologist: or

(C) a person who has invested anything of value in a business that provides barbering or cosmetology services.

(7) "Manicuring" 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.

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

(9) "Shop" means a facility or facilities regularly used to offer or provide barbering or cosmetology.

272. PROHIBITIONS

(a) No person shall 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.

(b) No person who owns or controls a shop or school of barbering or cosmetology shall permit the practice of barbering or cosmetology unless the shop or school is registered in accordance with this chapter.

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 board;

(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 practicing barbering or cosmetology in a hospital, nursing home, community care home, funeral home or any similar facility or to persons who are homebound, disabled or in a hospice or similar program;

(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 board;

(6) affect or prevent the performing of barbering acts by a person not regularly employed as a barber in towns and villages where there is no advertised regular licensed barber, provided that such person does not advertise or hold himself or herself out as a barber by sign or otherwise.

274. PENALTY

A person who violates any provision of section 272 of this title shall be fined not more than $1,000.00 for each violation.

275. CREATION OF BOARD

(a) A board of barbers and cosmetologists is created, consisting of five members appointed by the governor, who shall be residents of this state.

(b) One member of the board shall be a member of the public who has no financial interest in barbering or cosmetology other than as a consumer or possible consumer of its services. He or she shall have no financial interest personally or through a spouse, parent, child, brother or sister.

(c) Two members of the board shall be licensed cosmetologists.

(d) One member of the board shall be a licensed barber.

(e) The remaining member shall be a person licensed under this chapter or a public member.

276. GENERAL POWERS AND DUTIES OF THE BOARD

(a) The board shall:

(1) Adopt rules that:

(A) Prescribe sanitary and safety standards for shops, schools and other facilities used for the practice of barbering and cosmetology.

(B) Prescribe safe and sanitary practices for the performance of activities related to the practice of barbering and cosmetology.

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

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

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

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

(b) The board may inspect shops and schools and other places used for the practice of barbering and cosmetology. No fee shall be charged for initial inspections under this subsection; however, if the board determines that it is necessary to inspect the same premises in the same ownership more than once in any two-year period, the board shall charge a reinspection fee. The board may waive all or a part of the reinspection fee in accordance with criteria established by rule.

277. QUALIFICATIONS; BARBER

A person shall be eligible for licensure as a barber if the person is at least 18 years of age and has satisfactorily completed an accredited barber school program and an apprenticeship of 12 months; or has satisfactorily completed an apprenticeship of 24 months in addition to courses, as prescribed by the board, and has passed the examinationdescribed in section 283 of this title.

278. QUALIFICATIONS; COSMETOLOGIST

A person shall be eligible for licensure as a cosmetologist if the person is at least 18 years of age and has satisfactorily completed the following:

(1) a course of study of at least 1,500 hours at a school of cosmetology approved by an accrediting body recognized by the United States Department of Education or approved by the board under standards that the board has adopted by rule, or

(2) an apprenticeship of 24 months in addition to courses, as prescribed by the board by rule, and has passed the examination described in section 284 of this title.

279. QUALIFICATIONS; ESTHETICIAN

A person shall be eligible for licensure as an esthetician if the person is at least 18 years of age and has satisfactorily completed the following:

(1) a course of study in esthetics of at least 300 hours at a school of cosmetology approved by an accrediting body recognized by the United States Department of Education or approved by the board under standards that the board has adopted by rule, or

(2) an apprenticeship of six months, as prescribed by the board by rule; and has passed the exam described in section 283 of this title.

280. QUALIFICATIONS; MANICURIST

A person shall be eligible for licensure as a manicurist if the person is at least 18 years of age and has satisfactorily completed: (1) a course of study in manicuring of at least 150 hours at a school of cosmetology approved by an accrediting body recognized by the United States Department of Education or approved by the board under standards that the board has adopted by rule, or

(2) an apprenticeship of four months, as prescribed by the board by rule, and has passed the examination described in section 284 of this title.

281. SCHOOL OF BARBERING AND COSMETOLOGY; REGISTRATION

(a) No school of barbering or cosmetology shall be granted registration unless theschool:

(1) 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.

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

(3) Requires a school term of training,

(A) in the case of a school of barbering, of not less than 1,000 hours for a complete course which includes all or the majority of the practices of barbering, and includes practical demonstrations and theoretical studies in sanitation, sterilization, the use of antiseptics, and electrical appliances, consistent with the practical and theoretical requirements applicable to barbering or any practice of barbering; and

(B) in the case of a school of cosmetology, requires a school term of training of not less than 1,500 hours for a complete course which includes all or the majority of the practices of cosmetology, and includes practical demonstrations and theoretical studies in sanitation, sterilization, the use of antiseptics, cosmetics and electrical appliances, consistent with the practical and theoretical requirements applicable to cosmetology or any practice of cosmetology.

(b) Regional vocational centers may offer courses of instruction in barbering or cosmetology without certification by the board; however, credits for licensing will only be given for courses that meet the board's standards for courses offered in schools of barbering or cosmetology.

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

282. SHOP; REGISTRATION

(a) No shop shall be granted registration unless the shop complies with the rules of the board and has a designated licensee responsible for overall cleanliness and sanitation of the shop.

(b) The practices of barbering and cosmetology shall be permitted only in shops registered by the board, except as provided in section 281 of this title.

283. EXAMINATION

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

(b) 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 board may determine necessary. 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.

(c) The board may limit, by rule, the number of times a person may take an examination.

284. ISSUANCE OF LICENSE OR REGISTRATION

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

(b) The board shall issue a registration 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 board and the provisions of this chapter.

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

285. LICENSES FROM OTHER JURISDICTIONS

Without requiring an examination, the board shall issue an appropriate license to a person who is licensed or certified under the laws of another jurisdiction with requirements that the board considers to be substantially equal to those of this state.

286. RENEWAL

The holder of a license or registration issued by the board pursuant to this chapter may biennially renew the license or registration upon payment of the renewal fee. A license or registration that has not been renewed by the renewal date shall expire. Within three yearsof the date of expiration, the holder of the expired license or registration may apply for renewal upon the payment of the renewal fee, a renewal penalty and satisfactory proof of the applicant’s continued competence to resume practice or business.

287. FEES

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

(1) Application

(A) Barber$ 35.00

(B) Cosmetologist$ 35.00

(C) Manicurist$ 35.00

(D) Esthetician$ 35.00

(E) Shop$100.00

(F) School$300.00

(2) Biennial renewal

(A) Barber$ 45.00

(B) Cosmetologist$ 45.00

(C) Manicurist$ 45.00

(D) Esthetician$ 45.00

(E) Shop$ 45.00

(F) School$300.00

(3) Reinspection$100.00

288. UNPROFESSIONAL CONDUCT

The conduct listed in this section and in 3 V.S.A. 129a constitutes unprofessional conduct when committed by a licensee. When that conduct is by an applicant or person who later becomes an applicant, it may constitute grounds for denial of a license:

(1) Practicing or offering to practice beyond the scope permitted by law.

(2) Willfully materially misrepresenting the qualifications or experience of an applicant in the practice of the occupation, whether by commission or omission.

(3) Failing to adequately supervise employees who are engaged in any of the practices of barbering or cosmetology.

(4) Harassing, intimidating, or abusing a client or customer.

Sec. 17. REPEAL

26 V.S.A. 662-672 and 674-681 (cosmetologists) and 26 V.S.A. chapter 5 (barbers) are repealed on the effective date of this act. 26 V.S.A. 673 is repealed effective three months after the effective date of this act.

Sec. 18. TRANSITIONAL PROVISIONS FOR BARBERS AND COSMETOLOGISTS

(a) Notwithstanding the provisions relating to the size of and appointments to the board of barbers and cosmetologists under 26 V.S.A. 275, the initial board shall consist of the members of the board of barbers and the board of cosmetology in office immediately preceding the effective date of this act. Such members shall serve for the remainder of the terms to which they were originally appointed. As terms of these members expire appointments shall be made under 26 V.S.A. 275 and initial appointments shall be for terms of less than four years.

(b) The rules of the board of barbers and the board of cosmetology in effect prior to the effective date of this act shall be the rules of the board of barbers and cosmetologists until amended or repealed by that board, unless inconsistent with the provisions of this act.

* * * Embalmers * * *

Sec. 19. 26 V.S.A. 991 is amended to read:

991. APPLICATION; QUALIFICATIONS

(a) Any person of good moral character holding a high school certificate or its equivalent shall be entitled to an examination in embalming provided that he or she has:

* * * [Text Not Reproduced] * * *

(c) *[Any person of good moral character holding a high school certificate or its equivalent desiring to become registered to practice funeral service in this state as a resident trainee shall submit a written application and the required application fee.]*

Sec. 20. 26 V.S.A. 996 is amended to read:

996. RENEWAL OF *[REGISTRATION OR]* LICENSE; FEES

(a) Biennially, every *[registered or]* licensed embalmer shall cause his or her *[registration]* *[or]* license to be renewed by paying to the board *[of embalmers]* the required fee. Uponreceipt of the fee, the board shall issue to the embalmer a certificate, showing his or her number, name, *[whether a registered or a licensed embalmer]* and the years for which the fee is paid. One month prior to the date renewal is required, the board shall notify by mail every *[registered or]* licensed embalmer of the date on which his or her *[registration or]* license expires. Nothing *[herein may]* in this section shall be construed to permit the *[reregistration of a person whose license]* renewal of a license that has been revoked or suspended.

(b) Upon request of the board of health or a person authorized to issue burial or removal permits, a licensed *[or registered]* embalmer *[or a duly licensed apprentice]* shall display the certificate described in subsection (a) of this section. *[A body may not be released to a person who fails to display the certificate.]*

* * * [Text Not Reproduced] * * *

* * * Professional Engineering * * *

Sec. 21. 26 V.S.A. 1182 is amended to read:

1182. LICENSING STANDARDS

(a) Engineering graduates. A license and specialty certification*[, or an additional specialty certification,]* shall be issued to a person who:

* * * [Text Not Reproduced] * * *

(4) having completed *[at least three of]* the four years required by subdivision (3) of this subsection, and after having attained a passing score on the fundamentals of engineering exam, attains a passing score set by board rule on a specialized examination testing the principles and practices of engineering in the specialty certification sought.

(b) Four-year engineering technology graduates. A license and specialty certification shall be issued to a person who:

* * * [Text Not Reproduced] * * *

(4) after having completed *[seven of]* the eight years of active practice as defined in subdivision (3) of this subsection and after having attained a passing grade on the fundamentals of engineering exam, has attained a passing score as established by board rule on a specialized examination testing the principles and practices of engineering in thespecialty certification sought.

(c) Equivalent experience. A license and specialty certification*[, or an additional specialty certification,]* shall be issued to a person who:

(1) after having completed six years of active engineering practice, attains a passing score set by board rule on a general examination testing the fundamentals of engineering;

(2) completes 12 years of active engineering practice satisfactory to the board in work of a progressively more responsible nature, at least *[four]* six years of which were within the specialty certification sought; and

(3) having completed *[at least 11 of]* the 12 years required by subdivision (2) of this subsection, and after having attained a passing score on the general examination in fundamentals of engineering, then attains a passing score set by board rule on a specialized examination testing the principles and practices of engineering in the specialty certification sought.

(d) *[Long term professional experience. A license and specialty certification, or an additional specialty certification, shall be issued to a person who:]*

*[(1) demonstrates a portfolio of important engineering work representing a reasonably broad sampling of the engineering work typical of the field in which specialty certification is sought;]*

*[(2) in an oral examination before the board demonstrates a thorough knowledge of the engineering principles underlying the work demonstrated in the portfolio;]*

*[(3) has completed 20 years of active engineering practice in work of a progressively more responsible nature, the last five years of which were within the specialty certification sought;]*

*[(4) is found by the board to be a person of professional experience in the field of engineering; and]*

*[(5) is qualified under this subsection in all respects except as to having passed an examination.]*

Long-term professional experience. A license and specialty certification shall be issued to a person who:

(1) has completed 16 years of active engineering practice satisfactory to the board in work of a progressively more responsible nature, the last eight years of which were within the specialty certification sought;

(2) attains a passing score set by board rule on a specialized examination testing the principles and practices of engineering in the specialty certification sought; and

(3) is found by the board to be a person of professional experience in the field of engineering.

(e) Additional specialty certification. An additional specialty certification shall be issued to a person who:

(1) possesses a valid and unencumbered license issued by the board under subsection (a) of this section, has completed two years of active engineering practice within the specialty certification sought, and has attained a passing score set by board rule on a specialized examination testing the principles and practices of engineering in the specialty certification sought; or

(2) possesses a valid and unencumbered license issued by the board under subsection (b) of this section, has completed four years of active engineering practice within the specialty certification sought, and has attained a passing score set by board rule on a specialized examination testing the principles and practices of engineering in the specialty certification sought; or

(3) possesses a valid and unencumbered license issued by the board under subsection (c) of this section, has completed six years of active engineering practice within the specialty certification sought, and has attained a passing score set by board rule on a specialized examination testing the principles and practices of engineering in the specialty certification sought; or

(4) possesses a valid and unencumbered license issued by the board under subsection (d) of this section, has completed eight years of active engineering practice within the specialty certification sought, and has attained a passing score set by board rule on a specialized examination testing the principles and practices of engineering in the specialty certification sought; or

(5) possesses a valid and unencumbered license issued by the board under subsections (a), (b), (c) or (d) of this section, has completed ten years of active engineering practice satisfactory to the board within the specialty certification sought, presents to the board a portfolio of important engineering work representing a reasonably broad sampling of the engineering work typical of the field in which specialty certification is sought, and demonstrates before the board a thorough knowledge of the engineering principles underlying the work presented in the portfolio.

*[(e)]*(f) Without examination a license and specialty certification, or an additional specialty certification shall be issued to a person who is licensed as a professional engineer under the laws of another state or country, whose requirements the board deems to be substantially equivalent to those of this state.

*[(f)]*(g) Licensing standards adopted or used by the board, and its procedures, shall be fair and reasonable. Those standards and procedures shall be designed and implemented to ensure that all applicants are admitted to practice unless there is 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.

* * * Funeral Directors * * *

Sec. 22. 26 V.S.A. 1212 is amended to read:

1212. RULES; DUTIES

The board 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 chapter 25 of Title 3;

(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; and

(5) issue licenses to qualified applicants under this chapter.

Sec. 22a. 18 V.S.A. 5201(a) is amended to read:

(a) A dead body of a person shall not be buried, entombed or removed from a town, or otherwise disposed of, except as hereinafter provided, without a burial-transit *[or removal]* permit issued and signed by the town clerk *[or]*, his or her deputy or a law enforcement officer. The town clerk of the town or city shall provide for registering deaths that occur in the town and for issuing burial-transit permits at a time when town clerks' offices are closed. The town clerk shall appoint annually, within five days after *[his]* the clerk’s election or appointment, one or more deputy registrars for this purpose, record the name of the deputy or deputies appointed in the town records and notify the commissioner of health of the names and residences of the deputy or deputies appointed. The county clerk of a county wherein is situated an unorganized town or gore shall perform the same duties and be subject to the same penalties as a town clerk in respect to issuing burial-transit permits and registering deaths that occur in an unorganized town or gore within the county. After a deputy or law enforcement officer issues a burial-transit permit *[he]*, the deputy or officer shall forward the death certificate or preliminary report and the record of the burial-transit permit issued to the clerk of the town or city where death occurred on the first official working day thereafter. In cases of death by certain communicable diseases as defined by the board, the town clerk *[or]*, his or her deputy or a law enforcement officer shall not issue a burial-transit permit except in accordance with instructions issued by the local health officer or the board, which instructions shall be kept on file by the town clerk. A licensed embalmer *[or]*, funeral director or a funeral director’s designee may transfer the body of a deceased person to another town for preparation for burial or cremation but the remains shall be returned to the town in which death occurred within forty-eight hours after such removal, unless a permit for permanent removal has been secured within such period. Such licensed embalmer *[or]*, funeral director or designee shallleave, in writing, upon forms supplied by the commissioner, *[his]* the name, address, license number of the embalmer or funeral director and the date and hour such body was delivered *[to him]*, with the institution from which or the person from whom any such body is received. A body for which a burial-transit *[or removal]* permit has been secured, except the body of any person whose death occurred as a result of a communicable disease, as defined by the board, may be taken through or into another town for funeral services without additional permits from the local health officer or board.

Sec. 22b. 18 V.S.A. 5202(c) is added to read:

(c) If a dead body must be removed immediately and a death certificate or preliminary report cannot be obtained, the town clerk, deputy or law enforcement officer may issue a temporary burial-transit permit which shall expire forty-eight hours after issuance. This does not relieve the attending physician from the responsibility of completing a death certificate and delivering it to the funeral director within twenty-four hours after death. Upon receipt of the death certificate, the funeral director shall apply for and the issuing authority shall issue a burial-transit permit to replace the temporary permit.

Sec. 22c. 26 V.S.A. 1257(b)(11) is added to read:

(11) Failure to make available at the licensee’s place of business, by color picture or display, the three least expensive caskets, as available.

Sec. 22d. 26 V.S.A. 1272a is added to read:

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.

* * * Optometry * * *

Sec. 23. 26 V.S.A. 1716 is amended to read:

1716. LICENSURE WITHOUT EXAMINATION

The board may issue a license without a written examination to a qualified applicant who *[for the two years prior to filing application, has been]* *[an optometrist]* is licensed in a state, territory or district of the United States having license requirements*[, at the time the applicant was first licensed,]* which *[were]* are substantially equivalent to the requirements ofthis chapter, provided the applicant has been engaged in the licensed practice of optometry for at least 500 hours during each of the two years immediately preceding application. At its discretion, the board may give an oral or practical examination to any person qualifying for licensure under this section. The provisions of this section shall apply regardless of whether an applicant comes from a state which does not grant a similar privilege to Vermont applicants.

* * * Pharmacy * * *

Sec. 24. 26 V.S.A. 2032(b)(3) is amended to read:

(3) The board shall establish an internship program which shall have the following elements by July 1, 1983, or an internship shall no longer be required:

* * * [Text Not Reproduced] * * *

(C) Allowance of up to *[50 percent of the total number of hours required by the program]* 1,000 hours of the program to be "concurrent time" or internship time served under the supervision of, concurrent with, or part of an educational course requirement leading to a pharmacy degree, as defined by board rule, or by equivalent service in any branch of the United States armed forces, as defined by board rule.

* * * Physical Therapists * * *

Sec. 25. 26 V.S.A. 2081a is added to read:

2081a. DEFINITIONS

As used in this chapter:

(1) "Assistive personnel" means physical therapist assistants and physical therapy aides and other trained or educated health care providers who perform specific designated tasks related to physical therapy under the supervision of a physical therapist.

(2) "Disciplinary action" or "disciplinary cases" includes any action taken by the administrative law officer appointed under 3 V.S.A. 129(j) against a licensee or applicant premised upon a finding of wrongdoing or unprofessional conduct by the licensee or applicant. It includes all sanctions of any kind, including obtaining injunctions, suspending or revoking licenses, issuing warnings and other similar sanctions and ordering restitution.

(3) "Physical therapist" means a person who has met all the conditions of this chapter and is licensed to practice physical therapy in this state.

(4) "Physical therapist assistant" means a person who has met the conditions of this chapter and is licensed to perform physical therapy procedures and related tasks that have been selected and delegated by the supervising physical therapist.

(5) "Physical therapy aide" means an unlicensed person, trained under the direction of a physical therapist, who performs designated and supervised routine physical therapy tasks. The physical therapy aide may perform tasks related to preparation of a patient and equipment for treatment, housekeeping, transportation, clerical duties and departmental maintenance. The aide may provide that type of elementary and direct patient care which the patient and family member could reasonably be expected to learn and perform. The direct patient care provided is a component of the established physical therapy program.

(6) "Practice of physical therapy" means the evaluation and treatment of any person by the employment of effective properties of physical measures and the use of therapeutic exercises and rehabilitative procedures, with or without assistive devices, for the purposes of preventing, correcting or alleviating a physical or mental disability. Physical therapy includes, but is not limited to, the performance of specialized tests, administration of specialized therapeutic procedures, development of treatment plans with licensed health care professionals acting within the scope of their practice and establishment and modification of physical therapy programs for patients.

Sec. 26. 26 V.S.A. 2085 is added to read:

2085. LEGAL LIABILITY

(a) Physical therapists are professionally and legally responsible for patient care given by assistive personnel under their supervision. A physical therapist may delegate to assistive personnel and supervise selected acts, tasks or procedures which fall within the scope of physical therapy practice, provided such acts, tasks or procedures do not exceed the assistive personnel’s education or training.

(b) The director of professional regulation shall identify by rule the physical therapy services that may only be performed by, and are the sole responsibility of, the supervisingphysical therapist.

(c) Assistive personnel, other than physical therapist assistants, shall perform patient care activities under on-site supervision of a licensed physical therapist. For purposes of this section, "on-site supervision" means the supervising physical therapist must be:

(1) continuously on-site and present in the department or facility where the assistive personnel are performing services;

(2) immediately available to assist the person being supervised in the services being performed; and

(3) maintain continued involvement in appropriate aspects of each treatment session in which a component of treatment is delegated to assistive personnel.

(d) With respect to supervision of a physical therapist assistant, the supervising physical therapist shall make regular visits at reasonable frequency to the place where the service is provided for the purpose of observing the physical therapist assistant treat the patient.

Sec. 27. REPEAL

26 V.S.A. 2081, relating to definitions, is repealed.

* * * Real Estate Brokers * * *

Sec. 28. 26 V.S.A. 2292 is amended to read:

2292. *[APPLICATIONS]* ELIGIBILITY

(a) *[Application for a license shall be made in writing to the chairman of the commission. An application fee shall accompany the application for a broker's or salesperson's license. Applicants eligible for examinations shall be given written notice when and where to appear for examination. Failure of the applicant to appear at the time and place so specified shall constitute forfeiture of fee and application.]* A license as a real estate broker shall be granted to a person who satisfies all of the following:

(1) Has passed an examination as required by the commission.

(2) Has gained at least one year’s experience satisfactory to the commission as a licensed salesperson, or has completed a course of instruction that the commission deems to be equivalent to such experience.

(3) Has completed a course of instruction of at least eight hours, approved by the commission.

(b) *[An applicant who does not have a supervising broker may take the examination; however, a license shall not be issued until the initial license fee is paid, and there is, within five years, employment by or association with a broker who provides the commission with a written statement to that effect. If an applicant does not become employed by or associated with a broker within one year, the license shall not be issued until there has been compliance with the educational requirements of this chapter. When any real estate salesperson shall be discharged or shall terminate employment or association with the real estate broker by whom he or she is employed or associated, that salesperson shall return his or her license to the commission within 30 days or notify the commission within that time of association with or employment by another broker. A new supervising broker must notify the commission in writing, confirming the employment or association. It shall be the duty of a supervising real estate broker immediately to notify the commission of the date of the termination of service of the real estate salesperson.]* A license as a real estate salesperson shall be granted to a person who satisfies all of the following:

(1) Has passed an examination as required by the commission.

(2) Is at least 18 years old.

(3) Has been employed by or become associated with a brokerage firm and that firm’s principal broker.

(c) The commission may waive all or a part of the examination requirement if the applicant is a real estate broker or salesperson regulated under the laws of another jurisdiction, who is in good standing to practice in that jurisdiction and, in the opinion of the commission, the jurisdiction’s examination is substantially equal to that required by this chapter.

*[(d) When an application for either a broker's license or a salesperson's license has been approved by the commission, the applicant shall submit to and pass an examination designed to determine competence. The examination and the passing grade shall be the same for all applicants for the same type of license, but the examination for a broker'slicense shall be more comprehensive in scope and shall require a higher degree of proficiency than the examination for a salesperson's license. Licensing standards adopted or used under this chapter, and procedures employed, shall be fair and reasonable. They shall be designed and implemented to ensure that all applicants are admitted to practice, unless there is good reason to believe that practice by a particular applicant would be inconsistent with the public health, safety and welfare. They shall not be designed or implemented for the purpose of limiting the number of licensees.]*

*[(e) Any person desiring to become a resident real estate broker shall have been actively employed as a licensed salesperson by or associated with a licensed broker in this state for a period of not less than one year, except that the commission may waive this requirement in its discretion in the case of an applicant who has completed a course of instruction approved by the commission.]*

*[(f) An applicant who takes an examination shall be entitled to receive test scores. An applicant for a salesperson's license may take the broker's examination while taking the salesperson's examination. If such an applicant passes both portions of the examination, then the broker's examination need not be taken again, if the applicant applies to become a broker and is otherwise qualified to become a broker within five years after successful completion of the examination.]*

*[(g) A person applying to be a licensed broker shall demonstrate successful completion of a total of at least eight hours of instruction, approved by the commission, prior to licensure.]*

*[(h) When the commission intends to deny an application for license, it shall send the applicant written notice of its decision by certified mail. The notice shall include a statement of the reasons for the action and shall advise the applicant that the applicant may file a petition with the commission for review of its preliminary decision within 30 days of the date on which the applicant receives such notice. After the hearing, the commission shall affirm or reverse its preliminary denial.]*

Sec. 29. 26 V.S.A. 2292a is added to read:

2292a. EXAMINATIONS

(a) The commission shall select and administer examinations for licensure. The commission may use independent testing services or others to assist in the administration of written examinations.

(b) Examinations and examination procedures shall be fair and reasonable and shall be designed to ensure that all applicants are licensed if they demonstrate that they possess the minimal occupational qualifications which are consistent with the public health, safety and welfare. They shall not be designed or implemented for the purpose of limiting the number of licensees.

* * * Veterinary Medicine * * *

Sec. 30. 26 V.S.A. 2421 is amended to read:

2421. ELIGIBILITY

(a) An applicant who has reached the age of majority, is of good moral character, has passed the National Board Examination and the Clinical Competency Test or any subsequent licensing examinations prepared under the authority of the National Board Examination Committee for Veterinary Medicine, or its successor organization, and has graduated from a school of veterinary medicine accredited by the American Veterinary Medical Association is eligible for licensure. Upon submission of evidence acceptable to the board of satisfaction of these eligibility criteria and upon payment of the required fees, the applicant shall receive a license; provided, however, that the board may also require satisfactory completion of an examination covering state laws and rules related to the practice of veterinary medicine and the state or national veterinary codes of ethics.

(b) For purposes of this section, an applicant’s score on the National Board Examination and the Clinical Competency Test or any subsequent licensing examinations prepared under the authority of the National Board Examination Committee for Veterinary Medicine, or its successor organization, shall be valid for three years from the date the applicant passed the examination.

Sec. 31. 26 V.S.A. 2424 is amended to read:

2424. LICENSURE WITHOUT EXAMINATION

(a) The director of the office of professional regulation, with approval of the board,shall, upon application and payment of the required fee, issue a license without a written examination to a person who:

(1) holds a current license in good standing in another state, a territory of the United States or a Canadian province; and

(2) has passed:

(A) the National Board Examination (NBE) and the Clinical Competency Test (CCT) prepared under the authority of the National Board Examination Committee for Veterinary Medicine (NBEC), its predecessor organization, the National Board of Veterinary Medical Examiners or any subsequent national licensing examination prepared under the authority of the NBEC*[;]* or its successor organization if such examinations were required of licensees in this state at the time the applicant became licensed in the state, territory or province from which he or she is applying; or

(B) an examination prepared by the American Association of Veterinary State Boards (AAVSB); or

(C) an equivalent examination, as established by the board; *[or]* and

(3) has actively practiced clinical veterinary medicine for 3,000 hours during the three years preceding application*[; provided, that prior to issuing the license, the board may require satisfactory completion of an examination covering state laws and rules related to the practice of veterinary medicine and the state or national veterinary codes of ethics; or]* .

*[(4) passed whatever national licensing examinations were required of licensees in this state at the time the applicant became licensed in the state, territory or province from which he or she is applying, if the NBE or CCT, or subsequent examinations prepared under the authority of the NBEC, were not required by this state at that time.]*

* * * [Text Not Reproduced] * * *

(e) As used in this section, "in good standing" means that the applicant:

* * * [Text Not Reproduced] * * *

(3) is not currently under investigation by another veterinary licensing authority *[for acts which would provide a basis for disciplinary action in this state, as determined by the board]*;

* * * [Text Not Reproduced] * * *

* * * Radiology * * *

Sec. 32. 26 V.S.A. 2811 is amended to read:

2811. BOARD OF RADIOLOGIC TECHNOLOGY

(a) A board of radiologic technology is created, consisting of *[seven]* five members. The board shall be attached to the office of professional regulation.

(b) Two members of the board shall be members of the public who have no financial interest in radiologic technology other than as a consumer or possible consumer of its services. They shall have no financial interest personally or through a spouse.

(c) One member of the board shall be a radiologist certified by the American Board of Radiology.

*[(d) One member of the board shall be a physician who is not a radiologist, but who utilizes X-ray equipment in the normal course of his or her practice.]*

*[(e)]*(d) Two members of the board shall be licensed under this chapter.

*[(f) One member of the board shall be a radiation specialist associated with the department of health.]*

*[(g)]*(e) Board members shall be appointed *[for three-year terms]* by the governor*[, with the advice and consent of the senate. The governor may request nominations from any source but shall not be bound to select board members from among the persons nominated]*.

*[(h) Vacancies may be filled in the same manner that initial appointments are made.]*

*[(i) The governor may remove any member of the board as provided in 3 V.S.A. 2004.]*

*[(j) No board member, except the representative of the department of health, may be appointed who has served eight or more years on the board.]*

* * * Psychologists * * *

Sec. 33. REPEAL

26 V.S.A. 3011, Sec. 5 of Act No. 98 of the Acts of 1993, Sec. 2b of Act No. 222 of the Acts of 1994 and Sec. 13 of Act No. 108 of the Acts of 1994, relating to applicationsfor licensure as a psychologist, are repealed.

Sec. 34. 26 V.S.A. 3011a is added to read:

3011a. APPLICATIONS

(a) Any person desiring to obtain a license as a psychologist shall make application therefor to the board upon such form and in such manner as the board prescribes and shall furnish evidence satisfactory to the board that he or she:

(1) is at least 18 years of age;

(2) has had two years of experience, or their equivalent, in the practice of clinical psychology under the supervision of a person who is licensed or who is qualified to be licensed under this chapter;

(3) has successfully completed each examination that is required pursuant to section 3013 of this title; and

(A) possesses a doctoral degree in psychology obtained through a professional psychology training program awarded by an institution of higher education; or

(B) possesses a master’s degree in psychology obtained through a professional psychology training program awarded by an institution of higher education; or

(C) possesses a master’s degree in psychology awarded by an institution of higher education provided the person was enrolled as a candidate for the master's degree no later than December 31, 1993; or

(D) possesses a degree in psychology awarded by an institution of higher education based on a program that the board determines to be equivalent to that required in subdivisions (A) and (B) of this subdivision.

(b) In exceptional cases, the board may waive any requirement of this section if in its judgment the applicant demonstrates appropriate qualifications.

* * * Clinical Social Workers * * *

Sec. 35. 26 V.S.A. 3205 is amended to read:

3205. ELIGIBILITY

To be eligible for licensing as a clinical social worker an applicant must have:

* * * [Text Not Reproduced] * * *

(2) *[not engaged in unprofessional conduct;]*

* * * [Text Not Reproduced] * * *

Sec. 36. 26 V.S.A. 3210 is amended to read:

3210. UNPROFESSIONAL CONDUCT

(a) *[Unprofessional conduct shall include]* The following conduct by a licensed social worker constitutes unprofessional conduct. When that conduct is by an applicant or a person who later becomes an applicant, it may constitute grounds for denial of a license:

* * * [Text Not Reproduced] * * *

(b) After hearing, and upon a finding of unprofessional conduct, *[the special panel]* an administrative hearing officer may take disciplinary action against a licensed clinical social worker or applicant.

* * * Acupuncturists * * *

Sec. 37. 26 V.S.A. 3401 is amended to read:

3401. DEFINITIONS

As used in this chapter:

* * * [Text Not Reproduced] * * *

(4) "Disciplinary action" includes any action taken by *[a special panel established by]* an administrative law officer appointed pursuant to section 129(j) of Title 3 against a *[certified or registered]* licensed acupuncturist or applicant premised on a finding of unprofessional conduct. Disciplinary action includes all appropriate remedies, including denial of or renewal of a *[certificate or registration]* license, suspension, revocation, limiting or conditioning of the *[certification or registration,]* license issuing reprimands or warnings, and adopting consent orders.

*[(5) "Registered acupuncturist" means a person who has registered under this chapter.]*

*[(6)]*(5) "Secretary" means the secretary of state.

Sec. 38. 26 V.S.A. 3402 is amended to read:

3402. PROHIBITIONS; OFFENSES; EXEMPTIONS

(a) No person shall practice acupuncture unless he or she is licensed in accordancewith the provisions of this chapter.

(b) No person shall use in connection with the person’s name any letters, words, or insignia indicating or implying that the person is an acupuncturist unless the person is

*[certified or registered]* licensed in accordance with this chapter. The only title a *[certified]* licensed acupuncturist may use in reference to that *[certification]* license is *["certified acupuncturist"]* "licensed acupuncturist" or its abbreviation, as *["Cert. Ac."]* "Lic. Ac." *[The only title a registered acupuncturist may use in reference to that registration is "registered acupuncturist" or its abbreviation, as "Reg. Ac."]*

(c) A person who violates any of the provisions of subsections (a) or (b) of this section shall be fined not more than $5,000.00 or imprisoned for not more than 60 days, or both.

Sec. 39. 26 V.S.A. 3403 is amended to read:

3403. DIRECTOR; FUNCTIONS

(a) The director shall:

(1) Provide general information to applicants for *[certification and registration]* licensure as acupuncturists.

(2) Collect fees as provided under this chapter.

(3) Explain appeal procedures to *[certified and registered]* licensed acupuncturists and applicants and complaint procedures to the public.

(4) Receive applications for *[certification and registration]* licensure, *[certify or register]* license applicants under this chapter, renew *[certifications and registrations]* licenses, and revoke, reinstate or condition *[certifications and registrations]* licenses as ordered by *[a special panel]* an administrative law officer.

(5) Refer all disciplinary matters to *[a special panel]* an administrative law officer.

(b) The director may adopt rules necessary to perform his or her duties under this *[section]* chapter.

Sec. 40. 26 V.S.A. 3408 is amended to read:

3408. RENEWALS

(a) *[Certificates]* Licenses shall be renewed every two years upon payment of the required fee and furnishing satisfactory evidence of having completed 30 hours ofcontinuing education credit during the preceding two years. The director may *[make]* adopt rules for the approval of continuing education programs and the awarding of credit.

*[(b) Registrations shall be renewed every two years upon payment of the required fee.]*

*[(c)]*(b) Biennially, the director shall forward a renewal form to each *[certified]* licensed acupuncturist *[and each registered acupuncturist]*. Upon receipt of the completed form and the renewal fee, the director shall issue a new *[certificate or registration]* license.

*[(d)]*(c) A *[certificate]* license that has expired for three years or less shall be renewed upon meeting the renewal requirements and paying a late renewal penalty. A *[certificate]* license that has expired for more than three years shall not be renewed; the applicant shall be required to apply for reinstatement. The director may *[make]* adopt rules relating to reinstatement to assure that the applicant is professionally qualified. *[A registration that has expired shall be renewed upon paying a late renewal penalty.]*

Sec. 41. 26 V.S.A. 3410 is amended to read:

3410. UNPROFESSIONAL CONDUCT

(a) A *[certified]* licensed acupuncturist*[, registered acupuncturist]* or applicant shall not engage in unprofessional conduct.

(b) Unprofessional conduct *[includes]* means any of the conduct listed in this section and section 129a of Title 3, whether committed by a licensed acupuncturist or an applicant:

* * * [Text Not Reproduced] * * *

(12) Engaging in sexual intercourse or other sexual conduct with a patient with whom the *[certified or registered]* licensed acupuncturist has had a professional relationship within the previous two years.

(c) After hearing and upon a finding of unprofessional conduct, *[a special panel]* an administrative law officer appointed under 3 V.S.A. 129(j) may take disciplinary action against a *[certified]* licensed acupuncturist*[, registered acupuncturist]* or applicant.

Sec. 42. 26 V.S.A. 3411 is amended to read:

3411. DISCLOSURE INFORMATION

The director shall adopt rules requiring *[registered]* licensed acupuncturists to disclose to each new client before the first treatment the acupuncturist's professional qualificationsand experience, those actions that constitute unprofessional conduct, the method for filing a complaint or making a consumer inquiry and provisions relating to the manner in which the information shall be displayed and signed by both the acupuncturist and the client.

Sec. 43. REPEAL

26 V.S.A. 3407a, relating to registration of acupuncturists, and 3409(4) and (5), relating to registration fees, are repealed.

Sec. 44. TRANSITIONAL PROVISIONS; CURRENT PRACTITIONERS

Notwithstanding any provision of law to the contrary and for purposes of implementing the provisions of this act that change the form of regulating acupuncturists from certification and registration to licensure, the following shall apply:

(1) Any person who was certified under chapter 75 of Title 26 on June 30, 1997 shall, on the effective date of this act, be deemed to be licensed to practice acupuncture.

(2) Any person who had a minimum of two years of experience working as a registered acupuncturist in Vermont during the period immediately preceding the effective date of this act and who was registered under chapter 75 of Title 26 on June 30, 1997 shall, upon application, be granted a temporary license to practice acupuncture. A temporary license granted under this subdivision shall expire on July 1, 2000. However, if prior to July 1, 2000 the holder of a temporary license successfully passes the written, theoretical portion of the examination conducted under 26 V.S.A. 3506, he or she shall be granted a regular license to practice acupuncture.

* * * Psychoanalysts * * *

Sec. 45. 26 V.S.A. 4051(3) is amended to read:

(3) "Disciplinary action" includes any action taken by the director or *[special panel established by]* an administrative law officer appointed pursuant to 3 V.S.A. 129(j) against a certified psychoanalyst or an applicant on a finding of unprofessional conduct by the certified psychoanalyst or applicant. It includes all sanctions of any kind, refusing to certify a person as a psychoanalyst or to renew a certification, suspension or revocation of the person’s certification, issuing warnings, and other such limitations.

Sec. 46. 26 V.S.A. 4057 is amended to read:

4057. ELIGIBILITY

(a) To be eligible for certification as a psychoanalyst, an applicant shall satisfy the following requirements:

(1) *[Shall have]* Have earned a master’s degree*[; and]*.

*[(2) Shall not have engaged in unprofessional conduct; and]*

*[(3)]*(2) *[Shall have]* Have earned a graduate certificate or doctoral degree in psychoanalysis from a free-standing psychoanalytic institute that is chartered by a state or foreign government and accredited by a national psychoanalytic association*[; and]* .

*[(4) Shall have passed an examination as provided in section 4058 of this title.]*

(b) A student who is in training at a free-standing state or foreign government chartered psychoanalytic institute may practice as a psychoanalyst-in-training until issuance of state certification as long as that person is meeting the requirements for supervised practice of the institute at which that person is training.

Sec. 47. 26 V.S.A. 4059 is amended to read:

4059. *[CERTIFICATION WITHOUT EXAMINATION]* EXEMPTION

*[(a) The director may waive the examination requirement for certification if the applicant is a psychoanalyst regulated under the laws of another jurisdiction who is in good standing to practice psychoanalysis in that jurisdiction and, in the opinion of the director, the standards and qualifications required for regulation of psychoanalysts in that jurisdiction are currently at least equal to those required by this chapter. The director may also waive the examination requirement if the applicant has been engaged in the practice of psychoanalysis for 10 or more years and is a graduate of a free-standing state or foreign government chartered psychoanalytic institute.]*

*[(b)]* Any person who has met the educational and clinical criteria established under subdivision 4057(a)(2) of this title and is licensed or certified under this title as a physician, osteopath, psychologist, clinical social worker, clinical mental health counselor or marriage and family therapist shall be exempt from the provisions of this chapter.

Sec. 48. REPEAL

26 V.S.A. 4058, relating to examination of psychoanalysts, is repealed.

Sec. 49. GENERAL AMENDMENT

(a) The term "special panel" is amended to read "an administrative law officer" wherever that term appears in Title 26.

(b) The terms "certified," "certification," and "certificate" are amended to read "licensed," "licensure" and "license," respectively, wherever those terms appear in chapter 75 of Title 26, relating to acupuncturists.

* * * Allied Mental Health Board * * *

* ** Clinical Mental Health Counselors * * *

Sec. 50. 26 V.S.A. 3261 is amended to read:

3261. DEFINITIONS

As used in this chapter:

(1) "Board" means the board of allied mental health practitioners established under this chapter.

(2) "Clinical mental health counseling" means providing, for a consideration, professional counseling services that are primarily drawn from the theory and practice of psychotherapy and the discipline of clinical mental health counseling, involving the application of principles of psychotherapy, human development, learning theory, group dynamics, and the etiology of mental illness and dysfunctional behavior to individuals, couples, families, and groups, for the purposes of treating psychopathology and promoting optimal mental health. The practice of clinical mental health counseling includes diagnosis and treatment of mental and emotional disorders, psychoeducational techniques aimed at the prevention of such disorders, consultations to individuals, couples, families, groups, organizations and communities and clinical research into more effective psychotherapeutic treatment modalities.

*[(2)]*(3) "Clinical mental health counselor" means a person who is licensed to practice clinical mental health counseling under this chapter.

*[(3) "Director" means the director of the office of professional regulation.]*

(4) "Disciplinary action" includes any action taken by the *[director or by the special panel established by 3 V.S.A. 129(j)]* board against a licensed clinical mental health counselor or applicant premised on a finding that the licensed clinical mental health counselor or applicant has engaged in unprofessional conduct. The term includes all sanctions of any kind, including obtaining injunctions, refusing to grant or renew a license, suspending or revoking a license and issuing warnings.

(5) "Allied mental health fields" include those fields for which training includes coursework in the diagnosis and treatment of mental disorders.

Sec. 51. 26 V.S.A. 3262a is added to read:

3262a. BOARD OF ALLIED MENTAL HEALTH PRACTITIONERS

A board of allied mental health practitioners is established. The board shall consist of six members appointed by the governor. Two members shall be licensed clinical mental health counselors, one member shall be a certified marriage and family therapist, one member shall be a non-licensed and noncertified psychotherapist entered on the roster and two members shall be public members. The public members shall have no direct financial interest personally or through a spouse, parent, child, brother or sister in clinical mental health counseling, marriage and family therapy or psychotherapy. The professional members of the board shall have at least three years of professional experience as a clinical mental health counselor, marriage and family therapist or psychotherapist respectively, during the period immediately preceding appointment and shall be actively engaged in the practice of clinical mental health counseling, marriage and family therapy, or psychotherapy during incumbency.

Sec. 52. 26 V.S.A. 3263 is amended to read:

3263. *[DIRECTOR OF THE OFFICE OF PROFESSIONAL REGULATION]* ALLIED

MENTAL HEALTH BOARD; DUTIES (a) The *[director]* board shall:

(1) provide general information to applicants for licensure as clinical mental health counselors;

(2) administer fees collected under this chapter;

(3) explain appeal procedures to licensed clinical mental health counselors and applicants and complaint procedures to the public;

(4) receive applications for licensure, license applicants under this chapter, renew licenses, and revoke, reinstate or condition licenses *[as ordered by the special panel; and]*

*[(5) refer all complaints and disciplinary matters to the special panel]*.

(b) The *[director of the office of professional regulation, with the advice of the clinical mental health counselors who are members of the special panel,]* board may adopt rules necessary to perform *[his or her]* its duties under subsection (a) of this section.

Sec. 53. 26 V.S.A. 3265 is amended to read:

3265. ELIGIBILITY

To be eligible for licensure as a clinical mental health counselor an applicant shall satisfy all of the following:

(1) *[shall not be in violation of any of the provisions of this chapter or rule adopted in accordance with the provisions of this chapter;]*

*[(2) shall not have engaged in unprofessional conduct;]*

*[(3) shall have received:]*

*[(A) a master’s degree or higher degree in counseling from an accredited educational institution, after having successfully completed a course of study emphasizing theories of individual and group behavior, abnormal behavior, counseling theory, diagnostic and counseling techniques, and professional ethics and includes a supervised counseling practicum; or]*

*[(B) a master’s degree or higher degree in an allied mental health field from an accredited educational institution supplemented by courses which, in the opinion of the secretary after consulting with the clinical mental health counselor advisor appointees, make the degree as supplemented substantially equivalent to the requirements set forth in subdivision (3)(A) of this section;]* Shall have completed a minimum of 60 graduate hours and received a master’s degree or higher degree in counseling, from an accredited educational institution, after having successfully completed a course of study as defined by the board, by rule, which included a supervised practicum, internship or field experience,as defined by the board, by rule, in a mental health counseling setting.

*[(4)]*(2) *[shall]* Shall have documented a minimum of 3,000 hours of supervised work in clinical mental health counseling over a minimum of two years of post-master's experience; and shall have documented a minimum of 100 hours of face-to-face supervision over a minimum of two years post-master's experience. Clinical work shall be performed under the supervision of a licensed *[psychiatrist]* physician certified in psychiatry by the American Board of Medical Specialties, a licensed psychologist, a licensed *[or certified]* clinical social worker or, a certified marriage and family therapist, a licensed *[or certified]* clinical mental health counselor or a person certified or licensed in another jurisdiction in one of these professions or in a profession which is their substantial equivalent; and

*[(5)]*(3) *[shall]* Shall pass an examination as provided in section 3267 of this title.

Sec. 54. 26 V.S.A. 3267 is amended to read:

3267. EXAMINATION

(a) The *[director]* board shall conduct written examinations under this chapter at least twice a year except that examinations need not be conducted when no one has applied to be examined. Each applicant shall be assigned a number so that the applicant's name is not disclosed to the director until after the examination has been graded.

(b) Examinations administered by the *[director]* board and the procedures of administration shall be fair and reasonable and shall be designed and implemented to ensure that all applicants are granted licensure if they demonstrate that they possess the minimal occupational qualifications which are consistent with the public health, safety and welfare. They shall not be designed or implemented for the purpose of limiting the number of license holders. The director, with the advice of the clinical mental health counselors who are members of the special panel, board shall establish, by rule, fixed criteria for passing the examination that shall apply to all persons taking the examination.

(c) The director shall administer a written examination on clinical mental health counseling theory and practice. *[Before selecting the examination, the director shall consult the clinical mental health counselors who are members of the special panel.]*

(d) The *[director]* board may contract with independent testing services, licensed clinicalmental health counselors, or others to assist in the administration of written examinations.

Sec. 55. 26 V.S.A. 3269(a) is amended to read:

(a) Licenses shall be renewed every two years upon payment of the required fee, provided the person applying for renewal completes at least 40 hours of continuing education, approved by the *[director]* board, during the preceding two-year period. The *[director, with the advice of the clinical mental health counselors who are members of the special panel,]* board shall establish, by rule, guidelines and criteria for continuing education credit.

Sec. 56. 26 V.S.A. 3270 is amended to read:

3270. FEES

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

(1) Application for licensure *[$ 60.00]* $150.00

(2) Biennial renewal *[$225.00]* $250.00

Sec. 57. 26 V.S.A. 3271(b) is amended to read:

(b) After hearing, and upon a finding of unprofessional conduct, the *[special panel]* board may *[direct the secretary to]* take disciplinary action against a licensed clinical mental health counselor or applicant.

Sec. 58. 26 V.S.A. 3274 is amended to read:

3274. DISCLOSURE OF INFORMATION

The *[office of professional regulation, in consultation with the advisor appointees,]* board shall adopt rules requiring licensed clinical mental health counselors to disclose to each client the clinical mental health counselor’s professional qualifications and experience, those actions that constitute unprofessional conduct, the method for filing a complaint or making a consumer inquiry and provisions relating to the manner in which the information shall be displayed and signed by both the clinical mental health counselor and the client. The rules may include provisions for applying or modifying these requirements in cases involving institutionalized clients, minors and adults under the supervision of a guardian.

* * * Marriage and Family Therapy * * *

Sec. 59. 26 V.S.A. 4031 is amended to read:

4031. DEFINITIONS

As used in this chapter:

(1) "American Association for Marriage and Family Therapy" means a national professional association of marriage and family therapists that accredits marriage and family therapy academic programs and provides direction and leadership for marriage and family therapy practice, education and research.

(2) "Board" means the board of allied mental health practitioners established under section 3262a of this title.

(3) "Certified marriage and family therapist" means a person who is certified under this chapter.

*[(3)]*(4) "Commission" means the Commission on Accreditation for Marriage and Family Therapy Education, the committee of the American Association for Marriage and Family Therapy that reviews and accredits academic programs in marriage and family therapy that are offered at both regionally recognized colleges and universities and at independent post-graduate training institutes.

*[(4) "Director" means the director of the office of professional regulation.]*

(5) "Disciplinary action" includes any action taken by the *[director or special panel established by 3 V.S.A. 129]* board against a certified marriage and family therapist on a finding of unprofessional conduct by the certified marriage and family therapist or an applicant. It includes all sanctions of any kind, such as refusing to certify a person as a marriage and family therapist or to renew a certification, suspension or revocation of the person’s certification, issuing warnings and other such limitations.

(6) "Marriage and family services" means the diagnosis and treatment of nervous and mental disorders, whether cognitive, affective or behavioral, from the context of marital and family systems. It further involves the professional application of psychotherapeutic and family systems theory and technique in the delivery of services to individuals, couples and families for the purpose of treating such diagnosed nervous andmental disorders.

(7) "Marriage and family therapy" means the rendering of professional marriage and family services to individuals, family groups, couples; singly or in groups; whether such services are offered directly to the general public, or through organizations either private or public for compensation, monetary or otherwise.

Sec. 60. 26 V.S.A. 4032 is amended to read:

4032. DISCLOSURE OF INFORMATION

The *[office of professional regulation, in consultation with the advisor appointees,]* board shall adopt rules requiring certified marriage and family therapists to disclose to each client the marriage and family therapist's professional qualifications and experience, those actions that constitute unprofessional conduct, the method for filing a complaint or making a consumer inquiry and provisions relating to the manner in which the information shall be displayed and signed by both the marriage and family therapist and the client. The rules may include provisions for applying or modifying these requirements in cases involving institutionalized clients, minors and adults under the supervision of a guardian.

Sec. 61. 26 V.S.A. 4034(b) is amended to read:

(b) The *[director of the office of professional regulation, with the advice of the advisor appointees,]* board may adopt rules necessary to perform *[his or her]* its duties under this section.

Sec. 62. 26 V.S.A. 4037 is amended to read:

4037. ELIGIBILITY

To be eligible for certification as a marriage and family therapist, an applicant:

(1) Shall have successfully completed either a graduate degree program in marriage and family therapy at an institution that is accredited by both a regional educational accrediting body and the commission, or a post-graduate training institute that is accredited by the commission.

(2) *[Shall not have engaged in unprofessional conduct.]*

(3) Shall have successfully completed a two calendar year work experience in marriage and family therapy under the supervision of either a certified marriage and familytherapist in this state or a marriage and family therapist in another state who would meet the certification requirements.

(4) Shall have passed an examination as provided in section 4038 of this title.

Sec. 63. 26 V.S.A. 4038 is amended to read:

4038. EXAMINATION

(a) A written examination shall be conducted under this chapter at least twice a year except that an examination need not be conducted when no one has applied to be examined.

(b) An examination administered and the procedures of administration shall be fair and reasonable and shall be designed and implemented to ensure that all applicants are granted certification if they demonstrate that they possess the minimal occupational qualifications which are necessary for the protection of the public health, safety and welfare. The examination shall not be designed or implemented for the purpose of limiting the number of certified marriage and family therapists. The *[director, with the advice of the advisor appointees,]* board shall establish criteria for passing the examination that shall apply to all persons taking the examination.

(c) The *[director]* board shall administer a written examination based on the applicant's marriage and family therapy educational and clinical background. *[Before selecting the examination, the director shall consult the advisor appointees.]*

(d) The *[director]* board may authorize the use of established marriage and family therapy tests as utilized by the American Association for Marriage and Family Therapy.

Sec. 64. 26 V.S.A. 4040(a) is amended to read:

(a) Certification shall be renewed every two years upon payment of the required fee provided the person applying for renewal has completed at least 20 hours of continuing education, approved by the *[director]* board, during the preceding two-year period. The *[director, with the advice of the advisor appointees,]* board shall establish, by rule, guidelines and criteria for continuing education credit. The continuing education requirement shall not apply for the first renewal period.

Sec. 65. 26 V.S.A. 4042 is amended to read:

4042. UNPROFESSIONAL CONDUCT

* * * [Text Not Reproduced] * * *

*[(b) In connection with a disciplinary action, the office of professional regulation may refuse to accept the return of a certification tendered by a person who is the subject of a disciplinary investigation.]*

*[(c) The burden of proof in a disciplinary action shall be on the state to show by a preponderance of the evidence that the person has engaged in unprofessional conduct.]*

*[(d)]*(b) After hearing and upon a finding of unprofessional conduct, or upon approval of a negotiated agreement, the *[office of professional regulation]* board may take disciplinary action against the certified marriage and family therapist or applicant. That action may include any of the following conditions or restrictions which may be in addition to or in lieu of suspension:

(1) A requirement that the person submit to appropriate treatment.

(2) A restriction that a certified marriage and family therapist practice only under the supervision of a named individual or an individual with specified credentials.

(3) A requirement that a certified marriage and family therapist participate in continuing education as directed by the *[office of professional regulation]* board in order to overcome specified deficiencies.

(4) A requirement that the certified marriage and family therapist's scope of practice be restricted to a specified extent.

*[(e)]*(c) The *[director]* board may reinstate a revoked certification on terms and conditions that the *[special panel]* board deems to be proper.

* * * Psychotherapists * * *

Sec. 66. 26 V.S.A. 4082 is amended to read:

4082. DEFINITIONS

As used in this chapter:

(1) *["Director" means the director of the office of professional regulation.]* "Board" means the allied mental health practitioners board established under section 3262a of thistitle.

(2) "Disciplinary action" includes any action taken by the*[ director or the special panel established by 3 V.S.A. 129]* board against a person who is entered on the roster, premised on a finding of unprofessional conduct by a psychotherapist. It includes all sanctions of any kind, such as refusal to enter a person on the roster or to renew a roster entry, suspension or revocation of the person's right to be entered on the roster, issuing warnings, limitations on a person’s right to practice and other similar sanctions.

* * * [Text Not Reproduced] * * *

Sec. 67. 26 V.S.A. 4087 is amended to read:

4087. ENTRY ON THE ROSTER; PROCEDURE

(a) *[On January 1, 1995 or within 30 days of commencing the practice of psychotherapy, whichever occurs later, a]* A psychotherapist who is nonlicensed and noncertified shall apply for entry on the roster. Applications shall be made on the form provided by the director, shall contain such information and professional data as the director may require, and shall be accompanied by payment of the specified fee.

(b) Each psychotherapist whose name appears on the roster shall notify the director, in writing, of any change in the information previously provided to the director. Notifications of changes of information shall be made within 30 days of the date the change occurred.

(c) An investigation into any unauthorized practice of psychotherapy shall not be commenced unless the *[director of the office of professional regulation]* board has notified the practitioner and he or she fails, within 30 days of such notice, to apply for entry on the roster of nonlicensed and noncertified psychotherapists.

Sec. 68. 26 V.S.A. 4089 is amended to read:

4089. FEES

A person who seeks entry on the roster shall pay the following fees:

(1) Initial roster entry *[$40.00]* $50.00

(2) Biennial roster reentry *[$50.00]* $75.00

Sec. 69. 26 V.S.A. 4090 is amended to read:

4090. DISCLOSURE OF INFORMATION

The *[office of professional regulation, in consultation with the advisor appointees,]* board shall adopt rules requiring persons entered on the roster to disclose to each client the psychotherapist’s professional qualifications and experience, those actions that constitute unprofessional conduct, and the method for filing a complaint or making a consumer inquiry, and provisions relating to the manner in which the information shall be displayed and signed by both the rostered psychotherapist and the client. The rules may include provisions for applying or modifying these requirements in cases involving institutionalized clients, minors and adults under the supervision of a guardian.

Sec. 70. 26 V.S.A. 4091(b) is amended to read:

(b) The *[director, after consultation with the advisor appointees appointed under section 4092 of this title,]* board may adopt rules necessary to perform *[his or her]* its duties under subsection (a) of this section.

Sec. 71. 26 V.S.A. 4093 is amended to read:

4093. UNPROFESSIONAL CONDUCT

* * * [Text Not Reproduced] * * *

(b) *[The burden of proof in a disciplinary action for removing a person's name from the roster shall be on the state to show by a preponderance of the evidence that the person has engaged in unprofessional conduct.]* Disciplinary action shall not be taken against a person regulated under this chapter unless the nonlicensed and noncertified psychotherapist member of the board votes in favor of such action.

(c) After hearing, and upon a finding of unprofessional conduct, the *[special panel may direct the director to]* board may take disciplinary action against a rostered psychotherapist or an applicant.

Sec. 72. TRANSITIONAL PROVISIONS FOR ALLIED MENTAL HEALTH BOARD

(a) Notwithstanding the provisions of 26 V.S.A. 3262a, relating to the composition and terms of office of the board of allied mental health practitioners, the initial board shall consist of the two public members and the clinical mental health counselor, marriage andfamily therapists and psychotherapist advisor appointees in office on the effective date of this act. As the terms of these members expire, appointments shall be made in accordance with the provisions of 26 V.S.A. 3262a. Initial appointments under 26 V.S.A. 3262a shall be staggered.

(b) Notwithstanding the provisions of 26 V.S.A. 4093(b), relating to concurrence of the psychotherapy member of the board of allied mental health practitioners before a person on the roster of nonlicensed and noncertified psychotherapists may be disciplined, only one such member of the transitional board referred to in subsection (a) of this section need to concur in a decision to imposed disciplinary action.

(c) The rules of the director of professional regulation adopted under chapters 65 (clinical mental health counselors), 76 (marriage and family therapists) and 78 (psychotherapists) of Title 26 shall be deemed to be the rules of the allied mental health practictioners board established under 26 V.S.A. 3262a until amended or repealed by that board, provided those rules can be applied consistently with the provisions of this act.

(d) Notwithstanding any provision of law to the contrary, until July 1, 1998 a person who does not have a master’s degree or higher in counseling as required 26 V.S.A. 3265(1) may satisfy the educational criteria for licensure as a clinical mental health counselor if he or she has a master's degree or higher degree in an allied mental health field from an accredited educational institution supplemented by courses which, in the opinion of the board of allied mental health practitioners, make the degree as supplemented substantially equivalent to the requirements set forth in 26 V.S.A. 3265(1).

Sec. 73. GENERAL AMENDMENTS

(a) The term "director" is amended to read "board" wherever that term appears in chapters 65 (clinical mental health counselors), 76 (marriage and family therapists) and 78 (psychotherapists).

(b) The phrases "a special panel" or "the special panel" are amended to read "the board" wherever those phrases appear in chapters 65 (clinical mental health counselors), 76 (marriage and family therapists) and 78 (psychotherapists).

Sec. 74. REPEAL

26 V.S.A. 3264, 4035 and 4092, relating to clinical mental health counselor, marriage and family therapist and psychotherapist advisor appointees, are repealed.

Sec. 75. 32 V.S.A. 1010(a) is amended to read:

(a) Except for those members serving ex officio or otherwise regularly employed by the state, the compensation of the members of the following boards shall be $50.00 per diem:

* * * [Text Not Reproduced] * * *

(27) Physical therapists who, under 26 V.S.A. 2092, assist the secretary of state *[or serve on the appeals panel]*

* * * [Text Not Reproduced] * * *

(42) Tattooists who, under 26 V.S.A. 4104, assist the director of professional regulation *[or serve on the special panel]*.

(43) Board of allied mental health practitioners.

(44) Board of barbers and cosmetologists.

Sec. 76. 3 V.S.A. 122 is amended to read:

122. OFFICE OF PROFESSIONAL REGULATION

An office of professional regulation is created within the office of the secretary of state. The office shall have a director who shall be appointed by the secretary of state and shall be an exempt employee. The following boards or professions are attached to the office of professional regulation:

(1) Board of architects

(2) *[Barber licensing and examination board]* Board of barbers and cosmetology

(3) Board of chiropractic

(4) *[Board of cosmetology]* Board of allied mental health practitioners

* * * [Text Not Reproduced] * * *

(27) *[Clinical mental health counselors]*

* * * [Text Not Reproduced] * * *

(33) *[Marriage and family therapists.]*

(34) Psychoanalysts.

(35) *[Rostered psychotherapists.]*

(36) Tattooists.

(37) Naturopathic physicians.

Approved: June 10, 1997