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NO. 52. AN ACT RELATING TO PROFESSIONS AND OCCUPATIONS.

(H.532)

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

* * * Office of Professional Regulation * * *

Sec. 1. 3 V.S.A. § 124 is amended to read:

§ 124. PROFESSIONAL REGULATORY FEE FUND

(a) *[It]* Except as otherwise provided in subsection (b) of this section, it is the policy of this state that:

(1) the cost of regulating a profession attached to the office of professional regulation should be borne by the profession; and

(2) one profession should not subsidize the cost of regulating another profession*[, except to the extent allowed by section 125 of this chapter]*.

(b) Professions regulated by the director in consultation with advisor appointees and, in fiscal year 2000, the boxing control board shall share the cost of regulating those professions.

*[(b)]*(c) A professional regulatory fee fund is created. All revenues received by the office shall be deposited into the fund, credited to the appropriate board *[and]* or to the professions regulated by the director as a group, as appropriate, shall be used to offset up to two years of the costs incurred by that board or that group and shall not be used for any purpose other than professional regulation. *[(c)]*(d) To ensure that revenues derived by the office are adequate to offset the cost of regulation, the secretary of state shall review fees from time to time, and present proposed fee changes to the general assembly.

Sec. 2. 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] * * *

(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 when a license is required to provide services on a pro bono basis or in accordance with standards established by the board by rule.

* * * [Text Not Reproduced] * * *

(d) A board shall notify parties, in writing, of their right to appeal final decisions of the board. A board or the director shall also notify complainants in writing of the result of any disciplinary investigation made with reference to a complaint brought by them to the board or director. When a disciplinary investigation results in a stipulation filed with the board, the board or the director shall provide the complainant with a copy of the stipulation and notice of the stipulation review scheduled before the board. The complainant shall have the right to be heard at the stipulation review.

* * * [Text Not Reproduced] * * *

(l) In any proceeding under this section which addresses an applicant's or licensee's alleged sexual misconduct, evidence of the sexual history of the victim of the alleged sexual misconduct shall neither be subject to discovery nor be admitted into evidence. Neither opinion evidence of nor evidence of the reputation of the victim's sexual conduct shall be admitted.

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

§ 131. ACCESSIBILITY AND CONFIDENTIALITY OF DISCIPLINARY

MATTERS

* * * [Text Not Reproduced] * * *

(c) The secretary of state, through the office of professional regulation, shall prepare and maintain a register of all complaints, which shall be a public record and which shall show:

* * * [Text Not Reproduced] * * *

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

* * * [Text Not Reproduced] * * *

(E) stipulations *[approved by]* filed with the board; and

* * * [Text Not Reproduced] * * *

(d) *[The]* Neither the secretary nor the office shall *[not]* make public any information regarding disciplinary complaints, proceedings or records except the information required to be released under this section.

* * * [Text Not Reproduced] * * *

* * * Accountants * * *

Sec. 4. 26 V.S.A. § 14(d) is amended to read:

(d) No person may use the title "chartered accountant," "enrolled accountant," "licensed accountant," "certified accountant," "registered accountant," "accredited accountant," or any other title likely to be confused with "certified public accountant" or "registered public accountant," or the abbreviations "CA," "EA," "RA," "LA,"or "AA," or similar abbreviations likely to be confused with "CPA" or "RPA." However, a person licensed under this chapter may use the title "auditor." The title "enrolled agent" or "EA" may be used only by an individual so designated by the Internal Revenue Service.

Sec. 5. 26 V.S.A. § 71b(b) is amended to read:

(b) The board shall use the examination of the *[National Society of Public Accountants]* Accreditation Council for Accountancy and Taxation 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. 5a. 26 V.S.A. § 121(7) is added to read:

(7) "Technical submissions" means designs, drawings, specifications, studies and other technical reports prepared in the course of executing a portion of a construction project.

Sec. 5b. 26 V.S.A. § 210 is amended to read:

§ 210. UNPROFESSIONAL CONDUCT

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

(1) assisting the application for licensure of a person known by the licensee to be unqualified in respect to education, training or experience;

(2) accepting compensation for services from more than one party on a project unless the circumstances are fully disclosed and agreed to by all interested parties;

(3) failing to disclose fully in writing to a client or employer the nature of any business association or direct or indirect financial interest substantial enough to influence the licensee's judgment in the performance of professional services;

(4) soliciting or accepting compensation from material or equipment suppliers in return for specifying or endorsing their products;

(5) rendering decisions favoring either party to a contract when acting as interpreter of building contract documents and judge of contract performance;

(6) failing to disclose compensation for making public statements on architectural questions;

(7) offering or making any payment or gift to an elected or appointed government official with the intent to influence the official's judgment in connection with a prospective or existing project in which the licensee is interested;

(8) offering or making any gifts of other than nominal value, including reasonable entertainment and hospitality, with the intent to influence the judgment of an existing or prospective client in connection with a project in which the licensee is interested;

*[(1)]*(9) practicing or offering to practice beyond the scope permitted by law;

(10) knowingly designing a project in violation of applicable state and local building laws and regulations;

*[(2)]*(11) accepting and performing responsibilities which the licensee knows or has reason to know that he or she is not competent to perform or undertaking to perform professional services in specific technical areas in which the licensee is not qualified by education, training and experience;

(12) failing to practice with reasonable care and competence and to apply the technical knowledge and skill ordinarily applied by licensees practicing in the same locality;

*[(3)]*(13) making any wilful material misrepresentation with respect to the qualifications of or experience of an applicant or otherwise in the practice of the profession, whether by commission or omission; *[(4)]*(14) agreeing with any other person, as defined in 1 V.S.A. § 128, or subscribing to any code of ethics or organizational bylaws, when the intent or primary effect of that agreement, code or bylaw is to restrict or limit the flow of information concerning alleged or suspected unprofessional conduct to the board;

(15) failing to report to the board knowledge of a violation of these rules by another licensee;

(16) failing to report to the public official charged with enforcement of applicable state or municipal building laws and regulations any decision taken by the licensee's employer or client, against the licensee's advice, which violates applicable state or municipal building laws and regulations and which will, in the licensee's judgment, materially affect adversely safety to the public or the finished project;

*[(5)]*(17) acting, while serving as a board member, in any way to contravene wilfully the provisions of this chapter and thereby artificially restricting the entry of qualified persons into the profession; *[(6)]*(18) using the licensee's seal on drawings prepared by others not in the licensee's direct employ, or using the seal of another;

(19) inaccurately representing to a prospective or existing client or employer the licensee's qualifications and scope of responsibility for work for which the licensee claims credit;

(20) signing or sealing technical submissions unless they were prepared by or under the responsible control of the licensee; except that (A) the licensee may sign or seal those portions of the technical submissions that were prepared by or under the responsible control of persons who are licensed under this chapter if the licensee has reviewed and adopted in whole or in part such portions and has either coordinated their preparation or integrated them into his or her work, and (B) the licensee may sign or seal those portions of the technical submissions that are not required by this section to be prepared by or under the responsible control of a licensee if the licensee has reviewed and adopted in whole or in part such submissions and integrated them into his or her work. Reviewing, or reviewing and correcting, technical submissions after they have been prepared by others does not constitute the exercise of responsible control because the reviewer has neither control over nor detailed knowledge of the content of such submissions throughout their preparation. Any licensee signing and sealing technical submissions not prepared by that licensee but prepared under the licensee's responsible control by persons not regularly employed in the office where the licensee is resident shall maintain and make available to the board upon request, for at least five years following such signing and sealing, adequate and complete records demonstrating the nature and extent of the licensee's control over and detailed knowledge of such technical submissions throughout their preparation;

(21) in each office maintained for preparation of drawings, specifications, reports or other professional work, failing to have a licensee with direct knowledge and supervisory control of such work resident and regularly employed in that office.

* * * Chiropractic * * *

Sec. 6. 26 V.S.A. § 525 is added to read:

§ 525. COMPETENCY REQUIREMENTS OF LICENSEES

No person licensed by the board shall apply ionizing radiation to human beings for diagnostic or therapeutic purposes without first having satisfied the board of his or her competency to do so. The board shall consult with the board of radiologic technology concerning suitable performance standards to be adopted by rule. The board shall, by rule, provide for periodic recertification of competency. A person subject to the provisions of this section shall be subject to the fees established under section 535 of this title.

Sec. 7. 26 V.S.A. § 529 is amended to read:

§ 529. POWERS; DUTIES

(a) In addition to its other powers and duties, the board shall:

(1) Provide general information to applicants.

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

(3) Conduct a competency evaluation where radiographic services are performed by licensees required to demonstrate competency under section 525 of this title to insure that optimum radiologic technology practices are used to minimize patient and occupational radiation dose. The evaluation fee required under section 535 of this title shall not be assessed more than once in any two-year period against any licensee evaluated under this subdivision. The director of the office of professional regulation may contract with the department of health or others to perform evaluations under this subsection.

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

(1) procedures for mandatory reporting of unsafe radiologic conditions or practices;

(2) procedures for continued competency evaluation;

(3) procedures for radiation safety;

(4) procedures for competency standards for license applications and renewals.

Sec. 8. 26 V.S.A. § 531(2) is amended to read:

(2) Present proof of having graduated from a four-year school of chiropractic, accredited by a chiropractic accrediting body recognized by the United States Department of Education, which requires not less than 4,400 hours as a resident student or submit to the board proof of equivalent education as provided in rules for foreign-trained persons.

Sec. 9. 26 V.S.A. § 541(b)(14) is added to read:

(14) Notwithstanding the provisions of 3 V.S.A. § 129a(a)(10), in the course of practice, failure to use and exercise that degree of care, skill and proficiency which is commonly exercised by the ordinary skillful, careful and prudent chiropractor engaged in similar practice under the same or similar conditions, whether or not actual injury to a patient has occurred.

* * * Embalmers * * *

Sec. 10. 26 V.S.A. § 933 is amended to read:

§ 933. PROHIBITIONS GENERALLY

No person shall embalm or introduce any fluid into a human dead body unless *[he]* the person is a *[registered or]* licensed embalmer or is *[a licensed]* an apprentice and performs the act under the direction of an embalmer and in his or her presence. A person who is not duly licensed *[or registered]* as provided in this chapter may not practice or hold himself or herself out to the public as a practicing embalmer.

* * * Professional Engineers * * *

Sec. 11. 26 V.S.A. § 1172(b) is amended to read:

(b) The board shall:

* * * [Text Not Reproduced] * * *

*[(4) Through the office of professional regulation, biannually distribute a roster, and in other years distribute a supplement, showing names, addresses and certified specialties of licensees. Copies shall be mailed free to licensees and shall be made available to the public at a reasonable price.]* *[(5)]*(4) Have general responsibility for ensuring that professional engineering services available in this state are of uniformly good quality, and take suitable action, within the scope of its powers, to solve or bring public and professional attention to any problem which it finds in this area.

* * * Funeral Directors * * *

Sec. 12. 26 V.S.A. § 1211(1) is amended to read:

(1) "Funeral director" - a person who is the owner, co-owner, employee or manager of a licensed funeral establishment and who directs, supervises or contracts to direct, or supervise funerals.

* * * Physical Therapy * * *

Sec. 13. 26 V.S.A. § 2107 is added to read:

§ 2107. RENEWALS

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

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

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

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

Sec. 14. 26 V.S.A. § 2121(b) is amended to read:

(b) Unprofessional conduct shall include:

(1) conduct which evidences moral unfitness to practice physical therapy;

(2) sexual harassment of a patient;

(3) engaging in a sexual act as defined in 13 V.S.A. § 3251 with a patient;

(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.

* * * Radiologic Technology * * *

Sec. 15. 26 V.S.A. § 2801 is amended to read:

§ 2801. DEFINITIONS

* * * [Text Not Reproduced] * * *

(6) "Licensed practitioner" means a person licensed under this title to practice medicine, osteopathy, *[chiropody,]* dentistry, podiatry, naturopathic medicine or chiropractic.

* * * [Text Not Reproduced] * * *

*[(8) "State" includes the United States, the District of Columbia, Puerto Rico, Guam and the U.S. Virgin Islands.]* *[(9)]*(8) "Unauthorized practice" means conduct prohibited by section 2802 of this title and not exempted by section 2803 of this title.

(9) "Direct personal supervision" means that the person being supervised remains in the physical presence of the supervisor at all times.

(10) "General supervision" means that the supervisor is readily available for consultation or intervention on the premises where radiologic technology services are being provided.

Sec. 16. 26 V.S.A. § 2802(d) is amended to read:

(d) No person who holds a limited radiography license from the board shall apply ionizing radiation to human beings for diagnostic or therapeutic purposes or take radiographs, except as follows:

* * * [Text Not Reproduced] * * *

Sec. 17. 26 V.S.A. § 2803 is amended to read:

§ 2803. EXEMPTIONS

The prohibitions in section 2802 of this title shall not apply to dentists licensed under chapter 13 of this title and actions within their scope of practice nor to:

(1) Licensed practitioners acting within the scope of practice for their licensed field, provided that their practice acts and rules adopted thereunder make provisions for radiation safety and proper radiation practices determined in consultation with the board;

(2) Students of medicine, dentistry, podiatry, *[chiropody]* naturopathic medicine or chiropractic when participating in a program approved or recognized by the board of medical practice, dentistry or chiropractic, as appropriate, and when under the supervision of an instructor who is a licensed practitioner and when acting within the scope of practice for that licensed practitioner's field;

* * * [Text Not Reproduced] * * *

(6) Individuals who are completing a course of training for limited radiographic licensure as required in subsection 2821(c) of this title and who work under direct personal supervision of a licensed practitioner. The exemption authorized by this subdivision shall be for one time only and for no more than six months. The licensed practitioner is professionally and legally responsible for work performed by the person completing the course of training.

Sec. 18. 26 V.S.A. § 2804 is amended to read:

§ 2804. COMPETENCY REQUIREMENTS OF CERTAIN LICENSED

PRACTITIONERS

*[Notwithstanding the exemptions contained in section 2803(1) of this title,]* Unless the requirements of section 2803(1) of this title have been satisfied, no physician, as defined in chapter 23 of this title, podiatrist, as defined in chapter 7 of this title, osteopathic physician, as defined in chapter 33 of this title, naturopathic physician as defined in chapter 81 of this title or chiropractor, as defined in chapter 9 of this title, shall apply ionizing radiation to human beings for diagnostic or therapeutic purposes after 1985, without first having satisfied the board of his or her competency to do so. The board shall consult with the appropriate licensing boards concerning suitable performance standards. The board shall, by rule, provide for periodic recertification of competency. A person subject to the provisions of this section shall be subject to the fees established under subdivisions 2814(4) and (5) of this title. This section does not apply to radiologists who are certified or eligible for certification by the American Board of Radiology.

Sec. 19. 26 V.S.A. § 2812(a) is amended to read:

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

* * * [Text Not Reproduced] * * *

(5) procedures for certifying persons using special equipment;

(6) procedures for mandatory reporting of unsafe radiologic conditions or practices;

(7) procedures for continued competency evaluation;

(8) procedures for radiation safety;

(9) procedures for competency standards for license applications and renewals.

Sec. 20. 26 V.S.A. § 2812(c)(8) is amended to read:

(8) *[Inspect premises to conduct]* Conduct a competency evaluation where radiographic services are performed by licensees and licensed practitioners required to demonstrate competency under section 2804 of this title to insure that optimum radiologic technology practices are used to minimize patient and occupational radiation dose. The *[inspection]* fee required under section 2814 of this title shall not be assessed more than once in any two-year period against any licensed practitioner *[whose premises are inspected]* evaluated under this subdivision. The director of the office of professional regulation may contract with the department of health or others to perform evaluations under this subsection.

Sec. 21. 26 V.S.A. § 2821(g) is amended to read:

(g) The board shall license without examination an applicant who is otherwise qualified and is licensed under the laws of another *[state or country]* jurisdiction, whose requirements the board deems to be substantially equal to those of this state.

Sec. 22. 26 V.S.A. § 2825(a) is amended to read:

(a) An applicant for general radiography licensure, nuclear medicine technology licensure or radiation therapy licensure who meets all of the qualifications for licensure except passage of a required examination shall be issued a temporary permit. The permit shall authorize the holder to practice, under the general supervision of a licensed practitioner or a person licensed under this chapter, the branch of radiologic technology applied for until the next succeeding examination is given, and if the applicant sits for that examination, until the results of the examination are distributed and acted on by the board.

* * * Psychology * * *

Sec. 23. 26 V.S.A. § 3001(10) is amended to read:

(10) "Professional psychology training program" means a post-graduate training program that:

(A) is a planned program of study, defined by the board by rule, which reflects an integration of the science and practice of psychology and emphasizes assessment, intervention and psychopathology, including practice and internship; and

(B) is designated as a doctoral program in psychology by the Association of State and Provincial Psychology Boards and the National Register of Health Service Providers in Psychology, or is accredited by the American Psychological Association or the Canadian Psychological Association; or

(C) is a master's program in psychology that is offered by an educational institution that is a full member of the Council of Applied Master's Programs in Psychology (CAMPP).

Sec. 24. 26 V.S.A. § 3004(a) is amended to read:

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

* * * [Text Not Reproduced] * * *

*[(3)]* [Repealed.] *[(4)]*(3) In the discharge of his or her duties in a business, corporation or research laboratory, provided that he or she is performing those duties for which he or she is employed within the confines of the corporation or organization, and provided that the corporation or organization does not sell psychological services to the public for a fee. *[(5) As a psychologist licensed or certified to practice psychology in another state with requirements which are, in the opinion of the board, substantially equivalent to those in effect in this state, for a period not to exceed 10 consecutive business days or 15 business days in any 90 day period, if he resides and his major practice is outside this state, and if he gives the board a summary of his qualifications and a minimum of 10 days written notice of his intention to practice in this state.]* *[(6)]*(4) In clinical training for licensure as a clinical social worker or clinical mental health counselor or for certification as a marriage and family therapist or a psychoanalyst provided that the person's title indicates his or her training status and that the person does not identify him or herself as a psychologist.

Sec. 25. 26 V.S.A. § 3014 is amended to read:

§ 3014. LICENSE GRANTED UPON EXAMINATION OF CREDENTIALS

The board may at any time issue a license, upon payment of the required fee, if the applicant presents evidence that he or she:

(1) is licensed or certified to practice psychology in another *[state]* jurisdiction in which the requirements for such licensing or certification are, in the judgment of the board, essentially equivalent to those required by this chapter and the rules of the board; *[or]*

(2) is a diplomat in good standing of the American Board of Professional Psychology;

(3) holds evidence of professional qualification from an individual certification program acceptable to the board; and

(4) has taken and passed an examination on the Vermont laws and rules governing the practice of psychology.

Sec. 26. 26 V.S.A. § 3016(8) is added to read:

(8) Notwithstanding the provisions of 3 V.S.A. § 129a(a)(10), in the course of practice, failure to use and exercise that degree of care, skill and proficiency which is commonly exercised by the ordinary skillful, careful and prudent psychologist engaged in similar practice under the same or similar conditions, whether or not actual injury to a client or patient has occurred.

* * * Private Investigators and Security Services * * *

Sec. 27. 26 V.S.A. § 3176b is added to read:

§ 3176b. TEMPORARY REGISTRATION FOR EMPLOYEES OF

AGENCIES

(a) A 60-day temporary registration may be issued to a person who applies for registration as an employee of a licensed private detective or a licensed security guard under section 3176 of this title. A temporary registration shall authorize a person to work as an unarmed private detective or unarmed security guard while employed by a private detective agency or security guard agency licensed by 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. 28. 26 V.S.A. § 3208(d) is added to read:

(d) As a condition of renewal, a licensee shall complete continuing education, approved by the director by rule, during the preceding two-year period. For purposes of this subsection, the director may require, by rule, not more than 20 hours of approved continuing social work education as a condition of renewal.

* * * Mental Health Counselors * * *

Sec. 29. 26 V.S.A. § 3273(b)(1) is amended to read:

(1) *[In the practice of a religious ministry.]* In the activities and services of the clergy or leader of any religious denomination or sect or a Christian Science practitioner when engaging in activities that are within the scope of the performance of the person's regular or specialized ministerial duties and for which no separate charge is made, or when these activities are performed, with or without charge, for or under the auspices of sponsorship, individually or in conjunction with others, of an established and legally recognizable church, denomination or sect, and when the person rendering services remains accountable to the established authority of that church, denomination or sect.

Sec. 30. Sec. 72(d) of No. 40 of the Acts of 1997 is amended to read:

(d) *[Notwithstanding any provision of law to the contrary, until September 1, 2001 a person who does not have a master's degree or higher in counseling as required under 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); provided that the applicant was enrolled in such master's or higher degree program and had declared his or her major on or before July 1, 1999.]* Notwithstanding any provision of law to the contrary, the educational criteria of persons who have a master's degree or higher in counseling or have a master's degree or higher in an allied mental health field, who were enrolled in such degree programs on or before July 1, 1999, and who apply for licensure before September 1, 2001, shall be reviewed under the laws that were in effect on June 30, 1997.

* * * Marriage and Family Therapists * * *

Sec. 31. 26 V.S.A. § 4033(a) is amended to read:

(a) No person shall practice or attempt to practice marriage and family therapy, nor shall any person use in connection with the person's name any letters, words or insignia indicating or implying that the person is a *[certified]* licensed marriage and family therapist unless *[certified]* licensed in accordance with this chapter.

Sec. 32. 26 V.S.A. § 4037(3) is amended to read:

(3) Shall have successfully completed a two calendar year work experience in marriage and family therapy under the supervision of either a *[certified]* licensed marriage and family therapist in this state or a marriage and family therapist in another state who would meet the *[certification]* license requirements. The *[director]* board shall adopt rules establishing standards and procedures for satisfying the requirements of this subdivision.

Sec. 33. 26 V.S.A. § 4040 is amended to read:

§ 4040. RENEWALS

(a) *[Certification]* Licenses 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 board, during the preceding two-year period. The board shall establish, by rule, guidelines and criteria for continuing education credit. The continuing education requirement shall not apply for the first renewal period.

(b) Biennially, the board shall forward a renewal form to each *[certified]* licensed marriage and family therapist. Upon receipt of the completed form and the renewal fee, the board shall renew a *[certification]* license.

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

(d) The board may, after notice and an opportunity for a hearing, revoke a person's right to renew *[certification]* license if the *[certification]* license has lapsed for five or more years.

Sec. 34. 26 V.S.A. § 4042(c) is amended to read:

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

Sec. 35. GENERAL AMENDMENTS

The terms "certified" and "certification" are amended to read "licensed" and "licensure" in the following sections: 26 V.S.A. §§ 4031, 4032, 4034, 4036, 4037(1), 4038, 4039 and 4042(a) and (b).

* * * Psychotherapists * * *

Sec. 36. 26 V.S.A. § 4085(b)(1) is amended to read:

(1) *[In the practice of a religious ministry]* In the activities and services of the clergy or leader of any religious denomination or sect or a Christian Science practitioner when engaging in activities that are within the scope of the performance of the person's regular or specialized ministerial duties and for which no separate charge is made, or when these activities are performed, with or without charge, for or under the auspices of sponsorship, individually or in conjunction with others, of an established and legally recognizable church, denomination or sect, and when the person rendering services remains accountable to the established authority of that church, denomination or sect.

Sec. 37. 26 V.S.A. § 4093 is amended to read:

§ 4093. UNPROFESSIONAL CONDUCT

* * * [Text Not Reproduced] * * *

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

* * * Tattooists * * *

Sec. 38. 26 V.S.A. § 4101(6) is added to read:

(6) "Shop" means a facility regularly used to offer or perform the practice of tattooing.

Sec. 39. 26 V.S.A. § 4103(d) is added to read:

(d) The director may inspect shops used for the practice of tattooing. No fee shall be charged for initial inspections under this subsection; however, if the director determines that it is necessary to inspect the same premises under the same ownership more than once in any two-year period, a reinspection fee of $100.00 may be charged. The director may waive all or a part of the reinspection fee in accordance with criteria established by rule.

Sec. 40. 26 V.S.A. § 4105 is amended to read:

§ 4105. REGISTRATION

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

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

(1) No shop shall be granted registration unless the shop complies with this chapter and rules adopted under this chapter.

(2) All shops shall have a designated registrant responsible for overall cleanliness and sanitation of the shop.

(3) The practice of tattooing shall be permitted only in registered shops.

* * * Athletic Trainers * * *

Sec. 41. 26 V.S.A. § 4158a is added to read:

§ 4158a. RENEWALS

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

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

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

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

* * * Land Surveyors * * *

Sec. 42. Sec. 2 of No. 77 of the Acts of 1997 (Adj. Sess.) is amended to read:

Sec. 2. SUNSET

This act shall take effect upon passage, shall expire on *[July 1, 1999]* July 1, 2000 and shall apply retroactively to January 1, 1998.

* * * Naturopathic Physicians * * *

Sec. 43. NATUROPATHS; REPEAL OF SUNSET

Sec. 12 of No. 171 of the Acts of 1995 (Adj. Sess.), relating to the July 1, 1999 repeal of the chapter relating to the regulation of naturopathic physicians, 26 V.S.A. §§ 4121-4132, is repealed.

* * * Miscellaneous Provisions * * *

Sec. 44. 3 V.S.A. § 845(c) is amended to read:

(c) Nothing in this chapter:

* * * [Text Not Reproduced] * * *

(3) allows an agency by rule to require permits, licenses or fees or to define unprofessional conduct unless specifically authorized by other law.

Sec. 45. UNPROFESSIONAL CONDUCT STATUTES AND RULES; REVIEW

The director of professional regulation shall review grounds for unprofessional conduct for the professions attached to his or her office to determine what, if any, additional statutory unprofessional conduct grounds should be included in the laws governing those professions. On or before January 15, 2000, the director shall present the house and senate committees on government operations with recommendations for appropriate additions to the unprofessional conduct sections of those practice, title or registration acts.

Sec. 46. REPEAL

26 V.S.A. §§ 2824 (agent for process), 3173a and 3174a (temporary registration for private detectives and security guards) are repealed.

Sec. 47. EFFECTIVE DATES

This act shall take effect on July 1, 1999, except Secs. 30 (mental health counselors grandfathering), 42 (land surveyors) and 43 (naturopaths) which shall take effect upon passage.

Approved: June 1, 1999