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


It is the purpose of this act to enhance the medical practice board's ability to efficiently and effectively discharge its duty to regulate the practice of medicine and to ensure an appropriate level of public oversight through the secretary of state by rebalancing the responsibilities and duties of the medical practice board and the secretary of state. It is the intent of the general assembly that in their joint effort to serve the public interest, the medical practice board and the secretary of state should be guided by the spirit and terms of their February 1999 memorandum of understanding.

Sec. 2. 26 V.S.A. § 1353 is amended to read:


(a) The board shall have the following powers and duties:

* * * [Text Not Reproduced] * * *

(11) To *[employ]* direct the day-to-day activities and fix the compensation of an executive director who shall be an exempt employee. For purposes of subchapter 3 of chapter 5 of Title 1, the executive director shall be the custodian of the board's public records.

* * * [Text Not Reproduced] * * *

(c) The board shall be the appointing authority for *[the executive director and for]* and may terminate the employment of administrative support staff*[,]* and *[for]* any investigator or legal counsel employed or retained under this section. Contracts entered into under this section shall not be subject to approval by the secretary of state, and shall serve to supplement services otherwise provided by the office of professional regulation under section 123 of Title 3.

(d) The secretary of state shall be the appointing authority for the executive director of the board. Whenever the secretary of state appoints an executive director, he or she shall do so from a list of names of at least three qualified candidates submitted by a committee consisting of the secretary of state or designee and at least three members of the board. After consultation with the board, the secretary of state shall have the authority to terminate the employment of the executive director of the board. All proceedings of the board related to the selection of an executive director, including the names and information about any candidates submitted to the secretary of state and not selected, shall remain confidential.

Sec. 3. Sec. 37 of No. 186 of the Acts of 1996 is amended to read:


This act shall take effect on passage, and Secs. 9-12 (nursing home transfer tax) shall apply to transfers occurring on or after July 1, 1995; Secs. 1 (CAPTAP fees), 4 (passenger tramway permit fees), 5 (construction permit fees), 6 (Vermont seal of quality fee), 7 (livestock dealer and livestock special fund), 14 and 15 (child support administrative fee) shall apply to fees assessed on or after July 1, 1996; Sec. 16 (Health Care Authority) shall be effective July 1, 1996; Sec. 17 (library fees) shall be effective July 1, 1996; Secs. 21 and 22 (solid waste tax) shall be effective July 1, 1996; Secs. 24a, 24b, 24c, 24d, 24e, and 24f (homestead provisions) shall take effect on January 1, 1997; Sec. 25 (medical practice board fees) shall be effective July 1, 1996 *[through June 30, 1999 and shall expire January 1, 2000]*; Sec. 29 (Vermont fire service training council) shall be effective July 1, 1996; and Sec. 34 (probation supervisory fee) shall be effective July 1, 1996 and shall expire on July 1, 1999.

Sec. 4. REPEAL

Sec. 29 of No. 108 of the Acts of 1993 (Adj. Sess.), relating to a January 1, 2000 sunset of the powers of the medical practice board under 26 V.S.A. §§ 1353(a)(11) and (12), 1353(c) and 1401a, is repealed.

Sec. 5. SUNSET

26 V.S.A. §§ 1353(a)(11) and (12), and 1353(c) and (d), relating to certain medical practice board powers, shall expire on January 1, 2003.

Approved: May 13, 1999