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NO. 145. AN ACT RELATING TO MISCELLANEOUS PROVISIONS OF THE LAWS GOVERNING PROFESSIONAL REGULATION.

(H.770)

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

Sec. 1. 3 V.S.A. § 125(a)(1) is amended to read:

(1) Late renewal penalty $25.00 for a renewal submitted less than 30 days late. Thereafter, a board may increase the late renewal penalty by $5.00 for every additional month or fraction of a month, provided that the total penalty for a late renewal shall not exceed $100.00

Sec. 2. 3 V.S.A. § 129(k) is added to read:

(k) Whenever completion of certain continuing education requirements is a condition of renewal, the board may require the applicant to develop and complete a specific corrective action plan, within 90 days, prior to renewal.

Sec. 3. 3 V.S.A. § 129b(a) is amended to read:

(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]* five-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]* January 1 of the year of appointment and run through *[June 30]* December 31 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.

Sec. 4. TRANSITIONAL PROVISION RELATING TO BOARDS

Notwithstanding the provisions of 3 V.S.A. § 129b, relating to five-year terms of office for board members, a five-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 under3 V.S.A. § 129b may be for less than five years.

Sec. 5. 3 V.S.A. § 129b(f) is added to read:

(f) Notwithstanding any provisions of law to the contrary, board members and advisors for all professions attached to the office of professional regulation shall be entitled to compensation, at a rate provided in section 1010 of Title 32, for performance of official duties and other duties directly related to the efficient conduct of necessary business of a board or the office.

Sec. 6. 26 V.S.A. § 3106 is amended to read:

§ 3106. DIRECTOR OF THE OFFICE OF PROFESSIONAL REGULATION;

ANNUAL REPORT

* * * Accountants * * *

Sec. 7. 26 V.S.A. § 71a is added to read:

§ 71a. CERTIFIED PUBLIC ACCOUNTANT LICENSES

(a) A license as a "certified public accountant" shall be granted by the board to any person:

(1) who is of good character;

(2) who completes:

(A) 60 or more semester hours of college credit at a college or university recognized by the board, including a minimum of 30 semester hours of accounting,auditing and related subjects as the board determines to be appropriate, and four years of experience in public accounting, meeting the requirements prescribed by board rule or other experience or employment which the board in its discretion considers substantially equivalent;

(B) 120 or more semester hours of college credit at a college or university recognized by the board, including a minimum of 30 semester hours of accounting, auditing and related subjects as the board determines to be appropriate, and two years of experience in public accounting, meeting the requirements prescribed by board rule or other experience or employment which the board in its discretion considers substantially equivalent;

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

(D) an apprenticeship program satisfying requirements established by rule of the board to ensure continuing opportunity for nonuniversity-trained persons to practice public accounting consistent with assuring the highest standards of service; and

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

(b) The board shall use the uniform certified public accountants' examination and advisory grading service of the American Institute of Certified Public Accountants to assist it.

Sec. 8. 26 V.S.A. § 71b is added to read:

§ 71b. REGISTERED PUBLIC ACCOUNTANT LICENSES

(a) A license as a "registered public accountant" shall be granted by the board to any person:

(1) who is of good character;

(2) who completes:

(A) 60 or more semester hours of college credit at a college or university recognized by the board, including a minimum of 30 semester hours of accounting, auditing and related subjects as the board determines to be appropriate, and four years of experience in public accounting, meeting the requirements prescribed by board rule or other experience or employment which the board in its discretion considers substantially equivalent;

(B) 120 or more semester hours of college credit at a college or university recognized by the board, including a minimum of 30 semester hours of accounting, auditing and related subjects as the board determines to be appropriate, and two years of experience in public accounting, meeting the requirements prescribed by board rule or other experience or employment which the board in its discretion considers substantially equivalent;

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

(D) an apprenticeship program satisfying requirements established by rule of the board to ensure continuing opportunity for nonuniversity-trained persons to practice public accounting consistent with assuring the highest standards of service; and

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

(b) The board shall use the examination of the National Society of Public Accountants for all subjects except auditing. The auditing examination shall be from the uniform certified public accountants' examination. Grading shall be provided by the organization preparing the examinations.

Sec. 9. TRANSITIONAL PROVISIONS RELATING TO PUBLIC ACCOUNTANT

LICENSES

(a) The provisions of 26 V.S.A. § 71a, relating to certified public accountant licenses,shall not apply to persons who received conditional credit for the examination required under 26 V.S.A. § 71a(b) before July 1, 2000. In such cases, the law in effect on June 30, 1998 shall apply.

(b) The provisions of 26 V.S.A. § 71b, relating to registered public accountant licenses, shall not apply to persons who received conditional credit for the examination required under 26 V.S.A. § 71b(b) before July 1, 2000. In such cases, the law in effect on June 30, 1998 shall apply.

* * * Architects * * *

Sec. 10. 26 V.S.A. § 201(f) is added to read:

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

Sec. 11. 26 V.S.A. § 205a is added to read:

§ 205a. LICENSE RENEWAL

(a) Licenses shall be renewed every two years upon application and payment of the required fee. Failure to comply with the provisions of this section shall result in suspension of all privileges granted by the license beginning on the expiration date of the license. A license which has lapsed shall be renewed upon payment of the biennial renewal fee and the late renewal penalty.

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

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

* * * Veterinary Medicine * * *

Sec. 12. 26 V.S.A. § 2426 is amended to read:

§ 2426. RENEWAL OF LICENSE

(a) Biennially, on or before August 1, a licensed veterinarian shall pay to the secretary of state, a renewal fee in the amount prescribed by section 2414 of this title, and shall receive a license card bearing his name, address, registration number, and the date of expiration of the license. The board shall suspend the license of a person whose renewal fee is delinquent, until the fee is paid. The certificate shall be displayed at the licensee's place of business. A renewal application form shall be mailed to every licensed veterinarian at least two months prior to the date of the biennial registration. Licenses which have not been renewed for a period of four years may not be renewed under this section.

(b) As a condition of renewal, a licensee shall complete continuing veterinary medical education, approved by the board by rule, during the preceding two-year period. For purposes of this subsection, the board may require, by rule, not more than 24 hours of approved continuing veterinary medical education as a condition of renewal.

* * * Psychologists * * *

Sec. 13. 26 V.S.A. § 3001(10) is added to read:

(10) "Psychotherapy" means the provision of treatment, diagnosis, evaluation or counseling services to individuals or groups, for a consideration, for the purpose of alleviating mental disorders. "Psychotherapy" involves the application of therapeutic techniques to understand unconscious or conscious motivation, resolve emotional, relationship or attitudinal conflicts, or modify behavior which interferes with effective emotional, social or mental functioning. "Psychotherapy" follows a systematic procedure of psychotherapeutic intervention which takes place on a regular basis over a period of time, or, in the case of evaluation and brief psychotherapies, in a single or limited number of interventions. If a person is employed by or under contract with the agency of human services, this definition does not apply to persons with less than a master's degree, to persons providing life skills training or instruction, such as learning to make friends, tohandle social situations, to do laundry and to develop community awareness, or interactions of employees or contracted individuals with clients whose job description or contract specifications do not specifically mention "psychotherapy" as a job responsibility or duty.

Sec. 14. 26 V.S.A. § 3004 is amended to read:

§ 3004. EXCEPTIONS

(a) This chapter shall not apply to a person engaged or acting:

* * * [Text Not Reproduced] * * *

(b) Notwithstanding the provisions of subsection (a) of this section, this chapter shall apply to any person licensed by the board of psychological examiners.

Sec. 15. 26 V.S.A. § 3005 is amended to read:

§ 3005. EXEMPTIONS

(a) The *[prohibitions]* provisions of this chapter shall not apply to persons while engaged in the course of their customary duties as clergy, licensed physicians, nurses, osteopaths, optometrists, dentists, lawyers, *[teachers,]* social workers, mental health counselors, certified marriage and family therapists and psychoanalysts, rostered psychotherapists or *[consulting teachers]* licensed educators when performing their duties consistent with the accepted standards of their respective professions; provided, however, that they do not describe themselves to the public by any other title or description stating or implying that they are psychologists or are licensed to practice psychology.

(b) The *[prohibitions]* provisions of this chapter shall not apply to persons while engaged in the course of their customary duties:

(1) In the practice of a religious ministry.

(2) In employment or rehabilitation counseling.

(3) As an employee of or under contract with the agency of human services, provided the person does not practice psychotherapy as defined in section 3001 of this title.

(c) Notwithstanding the provisions of subsections (a) and (b) of this section, the provisions of this chapter shall apply to any person licensed by the board of psychological examiners.

* * * Sunrise Reviews * * *

Sec. 16. 26 V.S.A. § 3105(d) is added to read:

(d) Prior to review under this chapter and consideration by the legislature of any bill to regulate a profession or occupation, the office of professional regulation shall make, in writing, a preliminary assessment of whether any particular request for regulation meets the criteria set forth in subsection (a) of this section. The office shall report its preliminary assessment to the appropriate house or senate committee on government operations.

* * * Security Services * * *

Sec. 17. 26 V.S.A. § 3173a is added to read:

§ 3173a. TEMPORARY PRIVATE DETECTIVE REGISTRATION

(a) A 60-day temporary registration may be issued to a person who applies to practice as a private detective under section 3173 of this title. A temporary registration shall authorize a person to practice as an unarmed private detective while employed by a private detective agency validly licensed with the board.

(b) Temporary registrations shall expire at the end of the 60-day period or by final action on the application, whichever occurs first. For good cause shown, the board may extend a temporary registration one time for an additional period of 60 days.

Sec. 18. 26 V.S.A. § 3174a is added to read:

§ 3174a. TEMPORARY SECURITY GUARD REGISTRATION

(a) A 60-day temporary registration may be issued to a person who applies to practiceas a security guard under section 3174 of this title. A temporary registration shall authorize a person to practice as an unarmed security guard while employed by a security agency validly licensed with the board.

(b) Temporary registrations shall expire at the end of the 60-day period or by final action on the application, whichever occurs first. For good cause shown, the board may extend a temporary registration one time for an additional period of 60 days.

* * * Clinical Social Workers * * *

Sec. 19. 26 V.S.A. § 3201(4) is added to read:

(4) "Psychotherapy" means the provision of treatment, diagnosis, evaluation or counseling services to individuals or groups, for a consideration, for the purpose of alleviating mental disorders. "Psychotherapy" involves the application of therapeutic techniques to understand unconscious or conscious motivation, resolve emotional, relationship or attitudinal conflicts, or modify behavior which interferes with effective emotional, social or mental functioning. "Psychotherapy" follows a systematic procedure of psychotherapeutic intervention which takes place on a regular basis over a period of time, or, in the case of evaluation and brief psychotherapies, in a single or limited number of interventions. If a person is employed by or under contract with the agency of human services, this definition does not apply to persons with less than a master's degree, to persons providing life skills training or instruction, such as learning to make friends, to handle social situations, to do laundry and to develop community awareness, or interactions of employees or contracted individuals with clients whose job description or contract specifications do not specifically mention "psychotherapy" as a job responsibility or duty.

Sec. 20. 26 V.S.A. § 3212 is added to read:

§ 3212. EXEMPTIONS

(a) The *[prohibitions]* provisions of this chapter shall not apply to persons while engaged in the course of their customary duties as clergy, licensed physicians, nurses, osteopaths, optometrists, dentists, lawyers, *[teachers,]* psychologists, mental health counselors, certified marriage and family therapists and psychoanalysts, rostered psychotherapists or *[consultingteachers]* licensed educators when performing their duties consistent with the accepted standards of their respective professions; provided, however, that they do not describe themselves to the public by any other title or description stating or implying that they are clinical social workers or are licensed to practice clinical social work.

(b) The *[prohibitions]* provisions of this chapter shall not apply to persons while engaged in the course of their customary duties:

(1) In the practice of a religious ministry.

(2) In employment or rehabilitation counseling.

(3) As an employee of or under contract with the agency of human services, provided the person does not practice psychotherapy as defined in section 3201 of this title.

(c) Notwithstanding the provisions of subsections (a) and (b) of this section, the provisions of this chapter shall apply to any person licensed as a clinical social worker under this chapter.

Sec. 21. 26 V.S.A. § 3212a is amended to read:

§ 3212a. *[TRAINING]* EXCEPTIONS

(a) This chapter shall not apply to a person engaged or acting:

* * * [Text Not Reproduced] * * *

(b) Notwithstanding the provisions of subsection (a) of this section, this chapter shall apply to any person licensed as a clinical social worker under this chapter.

* * * Clinical Mental Health Counselors * * *

Sec. 22. 26 V.S.A. § 3261(6) is added to read:

(6) "Psychotherapy" means the provision of treatment, diagnosis, evaluation or counseling services to individuals or groups, for a consideration, for the purpose of alleviating mental disorders. "Psychotherapy" involves the application of therapeutic techniques to understand unconscious or conscious motivation, resolve emotional, relationship or attitudinal conflicts, or modify behavior which interferes with effective emotional, social or mental functioning. "Psychotherapy" follows a systematic procedure of psychotherapeutic intervention which takes place on a regular basis over a period of time, or, in the case of evaluation and brief psychotherapies, in a single or limited number of interventions. If a person is employed by or under contract with the agency of human services, this definition does not apply to persons with less than a master's degree, to persons providing life skills training or instruction, such as learning to make friends, to handle social situations, to do laundry and to develop community awareness, or interactions of employees or contracted individuals with clients whose job description or contract specifications do not specifically mention "psychotherapy" as a job responsibility or duty.

Sec. 23. 26 V.S.A. § 3273 is amended to read:

§ 3273. EXEMPTIONS

(a) The *[prohibitions]* provisions of this chapter shall not apply to persons while engaged in the course of their customary duties as clergy, licensed physicians, psychologists, nurses, osteopaths, optometrists, dentists, lawyers, *[teachers,]* social workers, certified marriage and family therapists and psychoanalysts, rostered psychotherapists, or *[consulting teachers]* licensed educators when performing their duties consistent with the accepted standards of their respective professions; provided, however, that they do not describe themselves to the public by any other title or description stating or implying that they are clinical mental health counselors or are licensed to practice clinical mental health counseling.

(b) The *[prohibitions]* provisions of this chapter shall not apply to persons while engagedin the course of their customary duties:

(1) In the practice of a religious ministry.

(2) In employment or rehabilitation counseling.

(3) As an employee of or under contract with the agency of human services, provided the person does not practice psychotherapy as defined in section 3261 of this title.

(c) Notwithstanding the provisions of subsections (a) and (b) of this section, the provisions of this chapter shall apply to any person licensed as a clinical mental health counselor under this chapter.

Sec. 24. 26 V.S.A. § 3273a is amended to read:

§ 3273a. *[TRAINING]* EXCEPTIONS

(a) This chapter shall not apply to a person engaged or acting:

* * * [Text Not Reproduced] * * *

(b) Notwithstanding the provisions of subsection (a) of this section, this chapter shall apply to any person licensed as a clinical mental health counselor under this chapter.

* * * Psychoanalysts * * *

Sec. 25. 26 V.S.A. § 4059 is amended to read:

§ 4059. EXEMPTION

(a) 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 counseloror marriage and family therapist shall be exempt from the provisions of this chapter.

(b) Notwithstanding the provisions of subsection (a) of this section, the provisions of this chapter shall apply to any person certified as a psychoanalyst under this chapter.

* * * Psychotherapists * * *

Sec. 26. 26 V.S.A. § 4082(4) is amended to read:

(4) "Psychotherapy" means the provision of treatment, diagnosis, evaluation or counseling services to individuals or groups, for a consideration, for the purpose of alleviating mental disorders. "Psychotherapy" involves the application of therapeutic techniques to understand unconscious or conscious motivation, resolve emotional, relationship or attitudinal conflicts, or modify behavior which interferes with effective emotional, social or mental functioning. "Psychotherapy" follows a systematic procedure of psychotherapeutic intervention which takes place on a regular basis over a period of time, or, in the case of evaluation and brief psychotherapies, in a single or limited number

of interventions. If a person is employed by or under contract with the agency of human services, this definition does not apply to persons with less than a master's degree, to persons providing life skills training or instruction, such as learning to make friends, to handle social situations, to do laundry and to develop community awareness, or interactions of employees or contracted individuals with clients whose job description or contract specifications do not specifically mention Apsychotherapy@ as a job responsibility or duty.

Sec. 27. 26 V.S.A. § 4085 is amended to read:

§ 4085. EXEMPTIONS

(a) The *[prohibitions]* provisions of this chapter shall not apply to persons while engaged in the course of their customary duties as clergy, licensed physicians, nurses, osteopaths, optometrists, dentists, lawyers, *[teachers,]* psychologists, social workers, mental health counselors, certified marriage and family therapists and psychoanalysts or *[consulting teachers]* licensed educators when performing their duties consistent with the accepted standards of their respective professions.

(b) The *[prohibitions]* provisions of this chapter shall not apply to persons while engagedin the course of their duties:

(1) In the practice of a religious ministry.

(2) In employment or rehabilitation counseling.

(3) As an employee of, or under contract with, the agency of human services, provided the person is not covered by the definition of psychotherapy in section 4082 of this title.

.*[ (4) As an employee of, or under contract with, a school.]*

(c) The prohibitions of this chapter shall not apply to practices in the fields of:

(1) Body work education and healing, including massage therapy, stress reduction, physical fitness or yoga.

(2) Energy-related therapy, including kinesiology, crystology and sound therapy.

(3) Psychic reading and healing arts, including astrology, channeling and palmistry.

(4) Social science research and education, including sociology and educational tutoring.

(5) Human resource development, including personnel management, career development and business consultants.

(d) Notwithstanding the provisions of subsections (a), (b) and (c) of this section, the provisions of this chapter shall apply to any person entered on the roster as a nonlicensed and noncertified psychotherapist under this chapter.

* * * Motor Vehicle Races * * *

Sec. 28. 31 V.S.A. § 302 is amended to read:

§ 302. MOTOR VEHICLE RACING COMMISSION; CREATION; EXPENSE

There is hereby created a motor vehicle racing commission, referred to in this chapter as the commission, composed of three members, one of whom shall be a member of the minority party, who shall be appointed biennially by the governor, with the advice and consent of the senate. The commission shall establish safety standards for protection of the public in accordance with the provisions of this chapter. *[Each member of the commission shall receive for his services the sum of $15.00 per day in addition to his necessary expenses.]*

* * * Acupuncturists * * *

Sec. 29. Sec. 44 of No. 40 of the Acts of 1997 is amended to read:

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.

(3) Any person who was registered under chapter 75 of Title 26 at any time during June 30, 1994 to June 30, 1997 to whom the provisions of subdivision (2) of this section do not apply shall, upon application, be granted a temporary license to practice acupuncture provided that the applicant has completed a training program as defined insubdivision 3405(1) or (2) of Title 26. If the person has not completed a training program as defined in subdivision 3405(1) or (2) of Title 26, he or she shall, upon application, be granted a temporary license to practice acupuncture under the supervision of an acupuncturist who holds a regular license issued under chapter 75 of Title 26. 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 issued under this subdivision 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.

Sec. 29a. 26 V.S.A. § 2293 is amended to read:

§ 2293. RENEWAL OF LICENSE; LAPSED LICENSE

(a) Licenses shall be renewed every two years without examination and on payment of the required fees, provided that the person applying for renewal completes at least *[four]* 12 hours of instruction for brokers and eight hours of instruction for salespersons, approved by the commission, during the preceding two-year period. Four hours of this continuing education instruction shall address legislation and other topics specified by the real estate commission for each renewal period.

(b) A broker or salesperson applying for renewal of a license that has lapsed shall be assessed both the renewal fee and late renewal penalty established by the director of the office of professional regulation under section 2255 of this title and shall not be assessed renewal fees for the years during which the license was lapsed. Renewal shall not take place until the applicant completes a total of at least *[four]* 12 hours of instruction if the applicant is a broker or eight hours of instruction if the applicant is a salesperson, approved by the commission in the *[twelve-month]* 24-month period immediately prior to renewal. Four hours of this continuing education instruction shall address legislation and other topics specified by the real estate commission for each renewal period.

(c) The commission may waive or postpone compliance with the instructional requirements of this section in cases of extreme hardship on the part of the licensee. No licensee, however, may receive a postponement or waiver for two successive two-year periods of licensure. The commission may accept fewer than 12 hours of continuing education instruction for renewal of a broker's license and fewer than eight hours ofcontinuing education instruction for renewal of a salesperson's license following an initial licensing period of less than two years.

* * * Per Diems * * *

Sec. 30. 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:

(1) Board of bar examiners

(2) Board of libraries

(3) Vermont milk commission

(4) Board of education

(5) State board of health

(6) Emergency board

(7) Liquor control board

(8) Parole board

(9) Human services board

(10) State board of forests, parks and recreation

(11) State fish and wildlife board

(12) State board of mental health

(13) Vermont development advisory board

(14) Vermont state water resources board

(15) Vermont employment security board

(28) Offender work programs board.

Sec. 31. REPEAL

(a) 26 V.S.A. §§ 54 (budget for public accountancy board), 71 (eligibility for licensure as CPA), 72 (eligibility for licensure as PRA), 165 (architects; per diems), 2031(e) (pharmacy; per diems), 2545 (land surveyors; per diems) and 3009a(b)(4)(psychologists; annual budget) are repealed.

(b) 31 V.S.A. § 102 (boxing board; per diem) is repealed.

(c) Sec. 20 of No. 222 of the Acts of 1994, relating to repeal of chapters 76 (marriageand family therapists), 77 (psychoanalysts) and 78 (psychotherapists) of Title 26 and sunset review of the professions covered by those chapters are repealed.

Sec. 32. 26 V.S.A. § 76 is amended to read:

§ 76. UNPROFESSIONAL CONDUCT

(a) Unprofessional conduct is the conduct prohibited by this section, by section 129a of Title 3, or by the other statutes relating to public accounting, whether or not taken by a license holder.

(b) Unprofessional conduct *[shall include]* means:

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

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

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

* * * Architects * * *

Sec. 33. 26 V.S.A. § 210 is amended to read:

§ 210. UNPROFESSIONAL CONDUCT

* * * Chiropractors * * *

Sec. 34. 26 V.S.A. § 541(b) is amended to read:

(b) Unprofessional conduct means the following conduct and the conduct set forth in section 129a of Title 3:

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

* * * Dentists * * *

Sec. 35. 26 V.S.A. § 809(a) is amended to read:

(a) Grounds for discipline: The board may refuse to give an examination or issue a license to practice dentistry or dental hygiene, and may suspend or revoke any such license, or otherwise discipline a licensee, for any of the following reasons and for any of the reasons set forth in section 129a of Title 3:

* * * Embalmers * * *

Sec. 36. 26 V.S.A. § 995 is amended to read:

§ 995. REVOCATION OF LICENSE

At any time, for proper cause and for unprofessional conduct set forth in section 129a of Title 3, the board may revoke or suspend any license granted, after notice to and hearing of the parties interested.

* * * Engineers * * *

Sec. 37. 26 V.S.A. § 1191 is amended to read:

§ 1191. GROUNDS FOR DENIAL, REFUSAL; UNPROFESSIONAL CONDUCT

(a) Unprofessional conduct is the conduct prohibited by this section, by section 129a of Title 3 or by other statutes relating to engineering.

(b) *[Any of the following conduct by a professional engineer]* Conduct by a professional engineer which evidences dishonesty or an unwillingness to protect the trust of engineering clients 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*[:]*.

(c) Unprofessional conduct includes any of the following actions by a licensee:

(1) *[wilfully making or filing false reports or records in the practice of engineering, wilfully impeding or obstructing the proper making or filing of reports or records, or wilfully failing to file a required report or record;]*

* * * Funeral Directors * * *

Sec. 38. 26 V.S.A. § 1257(b) is amended to read:

(b) Unprofessional conduct means the following conduct and conduct set forth in section 129a of Title 3:

* * * Nurses * * *

Sec. 39. 26 V.S.A. § 1582(a) is amended to read:

(a) The board may deny an application for registration, licensure or relicensure; revoke or suspend any license to practice nursing issued by it; discipline or in other ways condition the practice of a registrant or licensee upon due notice and opportunity for hearing in compliance with the provisions of chapter 25 of Title 3, if the person engages in the following conduct or the conduct set forth in section 129a of Title 3:

* * * [Text Not Reproduced] * * *

Sec. 40. 26 V.S.A. § 1595 is amended to read:

§ 1595. GROUNDS FOR DISCIPLINE

The board may deny an application for licensure or renewal or revoke, suspend, discipline or otherwise condition the license of a nursing assistant who engages in the following conduct or the conduct set forth in section 129a of Title 3:

* * * [Text Not Reproduced] * * *

* * * Optometrists * * *

Sec. 41. 26 V.S.A. § 1719(a) and (b) are amended to read:

(a) Unprofessional conduct is the conduct prohibited by this section *[or by the other statutes relating to the occupation,]* and by section 129a of Title 3, whether or not taken by a license holder.

(b) Unprofessional conduct means:

(B) Accepting and performing occupational responsibilities which the licensee knows or has reason to know that he or she is not competent to perform*[;]* .

(C) Performing occupational services which have not been authorized by the consumer or his or her legal representative*[; or]* .

(A) Failure to give to the buyer a copy of the buyer's spectacle lens prescription immediately after the eye examination is completed. Provided, an optometrist may refuse to give the buyer a copy of the buyer's prescription until the buyer has paid for the eye examination but only if that optometrist would have required immediate payment from that buyer had the examination revealed that no ophthalmic goods were required. If the buyer requests his or her contact lens prescription before the prescription is complete, the optometrist shall furnish a copy of the buyer's contact lens prescription to the buyer, clearly marked to indicate that it is not a complete contact lens prescription*[;]* .

(B) Conditioning the availability of an eye examination to any person on a requirement that person agree to purchase any ophthalmic goods from the optometrists*[;]* .

(C) Charging the buyer any fee in addition to the optometrist's examination feeas a condition to releasing the prescription to the buyer. Provided, an optometrist may charge an additional fee for verifying ophthalmic goods dispensed by another seller when the additional fee is imposed at the time the verification is performed*[; or]* .

(D) Placing on the prescription or requiring the buyer to sign, or delivering to the buyer a form or notice waiving or disclaiming the liability or responsibility of the optometrist for the accuracy of the eye examination or the accuracy of the prescription for ophthalmic goods or services to be dispensed by another seller.

* * * Osteopaths * * *

Sec. 42. 26 V.S.A. § 1842(b) is amended to read:

(b) Unprofessional conduct *[includes]* means the following conduct and conduct set forth in section 129a of Title 3:

* * * Pharmacists * * *

Sec. 43. 26 V.S.A. § 2051 is amended to read:

§ 2051. UNPROFESSIONAL CONDUCT

The board of pharmacy may refuse to issue or renew, or may suspend, revoke or restrict the licenses of any person, pursuant to the procedures set forth in section 2052 of this title, upon one or more of the following grounds and upon the grounds set forth in section 129a of Title 3:

(1) Unprofessional conduct as that term is defined by the rules and regulations of the board;

(2) Incapacity of a nature that prevents a pharmacist from engaging in the practice of pharmacy with reasonable skill, competence and safety to the public;

(3) Fraud or intentional misrepresentation by a licensee in securing the issuance or renewal of a license;

(4) Engaging or aiding and abetting an individual to engage in the practice ofpharmacy without a license or to falsely use the title of pharmacist;

(5) Being found by the board to be in violation of any of the provisions of this chapter or rules and regulations adopted pursuant to this chapter*[;]*.

* * * Physical Therapists * * *

Sec. 44. 26 V.S.A. § 2121 is amended to read:

§ 2121. UNPROFESSIONAL CONDUCT

(a) Unprofessional conduct is the conduct prohibited by this section *[or by the other statutes relating to physical therapy]* and by section 129a of Title 3, whether or not taken by a license holder.

(b) Unprofessional conduct shall include:

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

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

(C) performing physical therapy services which have not been authorized by the consumer or the consumer's legal representative.

(c) After hearing, an administrative law officer may take disciplinary action against a licensee or applicant found guilty of unprofessional conduct. *[Panel sanctions]* Sanctions imposed against an applicant shall be limited to denial of a license and notification of relevant state and federal agencies of the unprofessional conduct of an applicant.

* * * Real Estate Commission * * *

Sec. 45. 26 V.S.A. § 2296(a) is amended to read:

(a) *[A licensee commits unprofessional conduct if the licensee]* Unprofessional conduct means the following conduct and the conduct set forth in section 129a of Title 3:

(1) makes a material misstatement in the application for his license;

(2) uses dishonest or misleading advertising;

(3) demonstrates incompetency to act as a real estate broker or salesperson;

(4) is found by the commission to be guilty of fraud or fraudulent practices; or is convicted for violating this chapter; or is convicted of forgery, embezzlement, obtaining money under false pretenses, or conspiring to defraud;

(5) commingles money or other property to which the licensee's clients or other persons are entitled with the licensee's own;

(6) fails to inform clients, establish trust and escrow accounts, maintain records and otherwise act in accordance with the provisions of section 2214 of this title with respect to all moneys received by the licensee as a real estate broker, or as escrow agent, or as the temporary custodian of the funds of others, in a real estate transaction;

(7) fails promptly to segregate any properties received which are to be held for the benefit of others;

(8) is found by the commission to have engaged in any act or conduct, whether of the same or different character as that described above, which contributes to or demonstrates incompetency or dishonest fraudulent dealings;

* * * Veterinarians * * *

Sec. 46. 26 V.S.A. § 2431(a) and (b) are amended to read:

(a) Unprofessional conduct is the conduct prohibited by this section *[or by the other statutes relating to the occupation]*, and by section 129a of Title 3, whether or not taken by a license holder.

(b) Unprofessional conduct means:

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

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

(C) performing occupational services which have not been authorized by the consumer or his or her legal representative.

* * * Land Surveyors * * *

Sec. 47. 26 V.S.A. § 2598 is amended to read:

§ 2598. UNPROFESSIONAL CONDUCT

(a) Unprofessional conduct is the conduct prohibited by this section and by section 129a of Title 3.

* * * Opticians * * *

Sec. 48. 26 V.S.A. § 2677 is amended to read:

§ 2677. REVOCATION; SUSPENSION AND REFUSING OF RENEWAL OF

LICENSE

The board may, in its discretion, refuse to issue, suspend, revoke or refuse to renew alicense when the applicant or licensee engages in any of the following conduct or the conduct set forth in section 129a of Title 3:

* * * [Text Not Reproduced] * * *

* * * Radiologic Technologists * * *

Sec. 49. 26 V.S.A. § 2831 is amended to read:

§ 2831. UNPROFESSIONAL CONDUCT

(a) Unprofessional conduct is the conduct prohibited by this section and by section 129a of Title 3, whether or not taken by a license holder.

(b) *[The following conduct by a licensee]* Conduct by a radiologic technologist which evidences moral unfitness to practice the profession 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*[:]*.

(c) Unprofessional conduct includes the following actions by a licensee:

* * * Psychologists * * *

Sec. 50. 26 V.S.A. § 3016 is amended to read:

§ 3016. UNPROFESSIONAL CONDUCT

Unprofessional conduct *[shall include]* means the conduct listed in this section and in section 129a of Title 3:

* * * Private Detectives * * *

Sec. 51. 26 V.S.A. § 3181(a) and (b) are amended to read:

(a) Unprofessional conduct is the conduct prohibited by this section *[or by the other statutes relating to the occupation]*, or by section 129a of Title 3, whether or not taken by a license registrant or applicant.

(b) Unprofessional conduct means any of the following:

(A) with the client's permission,

(B) in response to a subpoena or court order,

(C) when necessary to establish or collect a fee from the client, or

(D) when the information is necessary to prevent a crime that the client intends to commit.

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

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

(C) performing occupational services which have not been authorized by the consumer or his or her legal representative.

* * * Social Workers * * *

Sec. 52. 26 V.S.A. § 3210(a) is amended to read:

(a) The following conduct and the conduct set forth in section 129a of Title 3 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:

* * * Mental Health Counselors * * *

Sec. 53. 26 V.S.A. § 3271(a) is amended to read:

(a) Unprofessional conduct *[shall include]* means the following conduct and conduct set forth in section 129a of Title 3:

* * * Hearing Aid Dispensers * * *

Sec. 54. 26 V.S.A. § 3301(b) is amended to read:

(b) Unprofessional conduct *[includes]* means the following conduct and conduct set forth in section 129a of Title 3:

(A) advertising a particular type of hearing aid for sale when such aid is not for sale;

(B) stating or implying that the use of a hearing aid will retard the progression of a hearing impairment; or

(C) misrepresenting the licensee or the licensee's business by using the word "audiologist" or similar terms if such designation is not accurate;

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

(B) accepting and performing occupational responsibilities which the licenseeknows or has reason to know the licensee is not competent to perform; or

(C) performing occupational services which have not been authorized by the consumer or his or her legal representative;

* * * Real Estate Appraisers * * *

Sec. 55. 26 V.S.A. § 3323(a) is amended to read:

(a) The following conduct by a licensee *[constitutes]* and the conduct set forth in section 129a of Title 3 constitute 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:

* * * Occupational Therapists * * *

Sec. 56. 26 V.S.A. § 3361 is amended to read:

§ 3361. UNPROFESSIONAL CONDUCT

(a) A person certified under this chapter or a person applying for a certificate shall not engage in unprofessional conduct.

(b) Unprofessional conduct means the following conduct and conduct set forth in section 129a of Title 3:

(c) In connection with a disciplinary action, the office of professional regulation may refuse to accept the return of a certificate tendered by the subject of a disciplinary investigation.

(d) 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.

(e) After hearing and upon a finding of unprofessional conduct, or upon approval of a negotiated agreement, *[the office of professional regulation]* an administrative law officer may take disciplinary action against the occupational therapist or occupational therapy assistant, 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 care or counseling.

(2) A restriction that a certificate holder practice only under supervision of a named individual or an individual with specified credentials.

(3) A requirement that an occupational therapist or occupational therapy assistant participate in continuing education as directed by the *[office of professional regulation]* administrative law officer, in order to overcome specified deficiencies.

(4) A requirement that the certificate holder's scope of practice be restricted to a specified extent.

(f) The *[director]* administrative law officer may reinstate a revoked certificate on terms and conditions *[it]* he or she deems proper.

* * * Dietitians * * *

Sec. 57. 26 V.S.A. § 3390(a) is amended to read:

(a) Unprofessional conduct *[is]* means misusing a title in professional activity and any of the conduct listed in *[this section]* section 129a of Title 3, whether committed by a certified dietitian or an applicant*[:]* .

* * * Acupuncturists * * *

Sec. 58. 26 V.S.A. § 3410(b) is amended to read:

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

* * * Marriage and Family Therapists * * *

Sec. 59. 26 V.S.A. § 4042(a) is amended to read:

(a) Unprofessional conduct *[shall include]* means the following conduct and the conduct set forth in section 129a of Title 3:

* * * Psychoanalysts * * *

Sec. 60. 26 V.S.A. § 4062 is amended to read:

§ 4062. UNPROFESSIONAL CONDUCT

(a) Unprofessional conduct *[shall include]* means the following conduct and the conduct set forth in section 129a of Title 3:

* * * [Text Not Reproduced] * * *

(d) After hearing and upon a finding of unprofessional conduct, or upon approval of a negotiated agreement, the *[office of professional regulation]* administrative law officer may take disciplinary action against the certified psychoanalyst 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 psychoanalyst practice only under supervision of a named individual or an individual with specified credentials.

(3) A requirement that a certified psychoanalyst participate in continuing education as directed by the office of professional regulation in order to overcome specified deficiencies.

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

(e) The *[director]* administrative law officer may reinstate a revoked certification on terms and conditions that the *[director]* administrative law officer deems to be proper.

* * * Psychotherapists * * *

Sec. 61. 26 V.S.A. § 4093(a) is amended to read:

(a) Unprofessional conduct *[shall include]* means the following conduct and conduct set forth in section 129a of Title 3:

(1) Providing fraudulent or deceptive information in an application for entry on the roster.

* * * Tattooists * * *

Sec. 62. 26 V.S.A. § 4108(b) is amended to read:

(b) Unprofessional conduct means the following conduct and conduct set forth in section 129a of Title 3:

* * * Naturopaths * * *

Sec. 63. 26 V.S.A. § 4132(a) is amended to read:

(a) The following conduct and conduct set forth in section 129a of Title 3 by a person licensed under this chapter or an applicant for licensure constitutes unprofessional conduct:

Sec. 64. EFFECTIVE DATES

This act shall take effect on July 1, 1998, except this section, Sec. 29 (acupuncturists) and subsection (c) of Sec. 31 (repeal) shall take effect upon passage and the following which shall take effect on July 1, 1999:

(1) The provisions of Secs. 15, 20, 23 and 27 (amending 26 V.S.A. §§ 3005(a), 3212(a), 3273(a) and 4085(a)) substituting the term "licensed educators" for the terms "teachers" and "consulting teachers" as exempt from the provisions of the psychologist, clinical social worker, clinical mental health counselor and psychotherapist practice acts.

(2) The provisions of Secs. 15, 20, 23 and 27 which repeal 26 V.S.A. §§ 3005(b)(4), 3212(b)(4), 3273(b)(4) and 4085(b)(4) (exemption from the provisions of the psychologist, clinical social worker, clinical mental health counselor and psychotherapist practice acts for employees of or under contract with a school).

Approved: April 21, 1998