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NO. 133. AN ACT RELATING TO PROFESSIONAL REGULATION.

(H.738)

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

* * * Office of Professional Regulation * * *

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

§ 125. FEES

* * *

(c) Notwithstanding any provisions of law to the contrary, a board shall not require payment of renewal fees for years during which a license was lapsed.

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:

* * *

*[(4) After notice and an opportunity to be heard, issue a warning for minor violations of a provision of statute or the board's rules. The types of violations subject to warnings under this section shall be designated by the board, by rule. ]* *[(5)]*(4) Issue warnings or reprimands, suspend, revoke, limit, condition or prevent renewal of licenses, after disciplinary hearings or, in cases requiring emergency action, immediately, as provided by section 814 of this title. *[(6)]*(5) Reinstate or deny reinstatement of a license which has been revoked, suspended, limited or conditioned. *[(7)]*(6) Discipline any licensee or refuse to license any person who has had a license revoked, suspended, limited or conditioned by a licensing agency in another jurisdiction for an offense which would constitute unprofessional conduct in this state, or has surrendered a license while under investigation for unprofessional conduct. *[(8)]*(7) Notify relevant state, federal and local agencies and appropriate bodies in other states of the status of any disciplinary case against an applicant or licensee, provided the board has taken disciplinary action or has served a notice of charges against the person. *[(9)]*(8) Refuse to accept the return of a license tendered by the subject of a disciplinary investigation or refuse to allow an applicant who is the subject of a disciplinary investigation to withdraw his or her application without permission of the board. *[(10)]*(9) 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. *[(11)]*(10) 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.

(11) Issue temporary licenses to health care providers during a declared state of emergency. The health care provider to be issued a temporary license must be currently licensed, in good standing and not subject to disciplinary proceedings in any other jurisdiction. The temporary license shall authorize the holder to practice in Vermont until the termination of the declared state of emergency or 90 days, whichever occurs first. Fees shall be waived when a license is required to provide services under this subdivision.

* * *

* * * Accountants * * *

Sec. 3. 26 V.S.A. § 73 is amended to read:

§ 73. CORPORATIONS PRACTICING PUBLIC ACCOUNTING

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

Sec. 4. 26 V.S.A. § 74 is amended to read:

§ 74. FIRMS; REGISTRATION AND OWNERSHIP

(a) All firms that have an office established or maintained in this state for the practice of public accounting shall be registered *[triennially with the board until July 1, 1999 and]* biennially with the board *[thereafter]*. Each office shall be under the direct supervision of a resident manager who shall be a public accountant licensed in this state and shall be either a principal, shareholder or a staff employee. The resident manager may serve in that capacity at one office only. The board shall adopt rules prescribing the procedure to be followed in carrying out the registrations.

(b) An applicant for initial registration or renewal under this section shall be required to show that, notwithstanding any other provision of law, a simple majority of the ownership of the firm, in terms of financial interests and voting rights of all partners, officers, members, shareholders or managers, belongs to holders of a certificate who are licensed in some state, and such partners, officers, members, shareholders or managers, whose principal place of business is in this state, and who perform professional services in this state, hold a valid license issued under this chapter. Although firms may include nonlicensee owners, the firm and its ownership must comply with the rules adopted by the board.

(c) Any CPA or RPA firm as defined in this chapter may include nonlicensee owners, provided that:

(1) The firm designates a licensee of this state who is responsible for the proper registration of the firm, and identifies that individual to the board.

(2) All nonlicensee owners are active individual participants in the CPA or RPA firm or affiliated entities.

(3) The firm complies with such other requirements as the board may impose by rule.

(d) Any individual licensee who is responsible for supervising attest or compilation services and signs or authorizes someone to sign the accountant’s report on the financial statements on behalf of the firm, shall meet the experience or competency requirements set out in the professional standards for such services.

(e) Any individual licensee who signs or authorizes someone to sign the accountant’s report on the financial statements on behalf of the firm, shall meet the experience or competency requirements of subsection (d) of this section.

Sec. 5. 26 V.S.A. § 75 is amended to read:

§ 75. RENEWAL

(a) Public accountant licenses and firm registrations under this chapter shall be renewed every three years prior to July 1, 1999 and every two years thereafter on payment of the required fee.

(b) As a condition of renewal of a license as a public accountant, the board may require that the licensee establish that he or she has satisfied continuing education requirements established by board rule.

(c) The board may by rule require, on either a uniform or a random basis, as a condition to renewal of firm registrations under section 74 of this title, that applicants undergo *[report]* peer reviews conducted no more frequently than once every three years *[prior to July 1, 1999 and every two years thereafter]* in such manner and producing such satisfactory result as the board may specify, provided, however, that any such requirement:

(1) shall be adopted reasonably in advance of the time when it is first required to be met, and

(2) shall include a reasonable provision for compliance by an applicant's showing that the applicant has undergone a satisfactory *[quality]* peer review performed for other purposes which was substantially equivalent to *[report]* peer reviews generally required pursuant to this section, and completion of such review was within the *[two]* three years immediately preceding the renewal period.

(d) Information submitted for *[report]* peer reviews is exempt from public disclosure under 1 V.S.A. § 317(b)(3) and (6).

(e) Failure of a licensee or registrant to apply for renewal within three months of expiration terminates the right of renewal unless the applicant demonstrates hardship.

* * * Architects * * *

Sec. 6. 26 V.S.A. § 121 is amended to read:

§ 121. DEFINITIONS

As used in this chapter:

(1) "Architect" means a person who is licensed to practice architecture under this chapter.

(2) "Board" means the "Vermont board of architecture."

(3) "Disciplinary action" includes any action taken against a licensee by the board or on appeal from the board, when that action suspends, revokes, limits or conditions a license in any way, and includes reprimands and dismissals.

(4) "Plans" or "working drawings" mean any drawings or graphic representations or any combination of drawings or graphic representations, or reproductions thereof, prepared for the purpose of illustrating proposed or intended designs for the construction, enlargement or alteration of any building or project.

(5) The "practice of architecture" means providing professional services such as consultation, investigation, evaluation, planning, designing (including structural design), or responsible supervision of construction in connection with any building or structure which has as its principal purpose human occupancy or habitation.

(6) “Responsible control” means that amount of control over and detailed knowledge of the content of technical submissions during their preparation as is ordinarily exercised by licensed architects applying the required professional standard of care.

*[(6)]*(7) "Supervision" means work prepared under the regular, personal review of a licensed architect's control and as to which the architect has detailed professional knowledge. *[(7)]*(8) “Technical submissions” means designs, drawings, specifications, studies and other technical reports prepared in the course of executing a portion of a construction project.

* * * Barbers and Cosmetologists * * *

Sec. 7. 26 V.S.A. § 277 is amended to read:

§ 277. QUALIFICATIONS; BARBER

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

(b) The board shall issue a limited barbering license, with an endorsement for cutting, shampooing and styling hair and for mustache and beard trimming, to any person incarcerated in a state correctional facility who completes, while under the direct personal supervision of a barber licensed by the board, a course of training of not less than 10 hours in cutting, shampooing and styling hair and trimming of mustache and beard. Such limited license shall be valid only within a state correctional facility. No fees shall be charged for a limited license issued under this subsection.

Sec. 8. 26 V.S.A. § 281 is amended to read:

§ 281. SCHOOL OF BARBERING AND COSMETOLOGY; REGISTRATION

* * *

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

* * *

* * * Chiropractic * * *

Sec. 9. 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;

(5) rules relating to medical recordkeeping standards and release of medical records.

Sec. 10. 26 V.S.A. § 541 is amended to read:

§ 541. DISCIPLINARY PROCEEDINGS; UNPROFESSIONAL CONDUCT

* * *

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

* * *

(15) Failing to inform a patient verbally and to obtain signed written consent from a patient before proceeding from advertised chiropractic services for which no payment is required to chiropractic services for which payment is required.

* * *

* * * Dentists and Dental Hygienists * * *

Sec. 11. 26 V.S.A. § 812 is amended to read:

§ 812. REVOCATION OF LICENSE FOR FAILURE TO PAY FEES

(a) In case of default of payment of the renewal fee for a period of *[sixty]* 90 days, the license certificate shall be automatically revoked. However, the payment of the fee after the expiration of the *[sixty]* 90 days together with the late renewal penalty *[plus the registration fees that are in arrears, including the current years,]* shall restore the license certificate provided the requirements of subsection (c) of section 810 of this title have been met.

(b) Notwithstanding the provisions of subsection (a) of this section, a person shall not be required to pay registration fees for years spent on active duty in the Armed Forces of the United States. Such person shall only pay the late renewal penalty and the current biennial renewal fee.

* * * Embalmers * * *

Sec. 12. 26 V.S.A. § 951 is amended to read:

§ 951. QUALIFICATIONS OF MEMBERS; OATH; TERM; REMOVAL

The board of funeral service shall consist of five members appointed by the governor, three of whom shall be licensed funeral directors with five years of experience as funeral directors and two members shall represent the public. At least two of the funeral directors shall also be licensed embalmers. The public members shall not have a direct or indirect financial interest in the funeral business. Each member shall be sworn before entering upon *[his]* the member’s duties. *[The term of office of each member shall be six years.]*

Sec. 13. REPEAL

26 V.S.A. § 952 (Officers) is repealed.

* * * Funeral Directors * * *

Sec. 14. 26 V.S.A. § 1257 is amended to read:

§ 1257. UNPROFESSIONAL CONDUCT

(a) A funeral director shall not engage in unprofessional conduct.

(b) Unprofessional conduct means:

* * *

*[(11)]*(4) Failure to make available at the licensee's place of business, by color picture or display, the three least expensive caskets, as available. For the purposes of this section and related administrative rules, the three least expensive caskets shall include one cloth, one metal, and one wood casket.

* * *

* * * Osteopathy * * *

Sec. 15. 26 V.S.A. § 1750 is amended to read:

§ 1750. DEFINITIONS

As used in this chapter:

(1) "Approved hospital" means a hospital approved by the American Osteopathic Association (AOA) or Accreditation Council for Graduate Medical Education (ACGME).

(2) "Approved program" means a one-year internship or postgraduate program approved by the AOA or the ACGME.

(3) "Accredited school or college of osteopathic medicine" means a school approved by the AOA or by the board according to its rules.

(4) "Board" means the board of osteopathic physicians and surgeons created under section 1791 of this title.

(5) "Disciplinary action" includes any action taken by the board against a person licensed under this chapter or an applicant premised on a finding that the person has engaged in unprofessional conduct. The term includes all sanctions of any kind, including obtaining injunctions, refusing to grant or renew a license, suspending or revoking a license and issuing warnings.

(6) “Local medical director” means, for purposes of this chapter, an osteopathic physician who is board-certified or board-eligible in his or her field of specialty, as determined by the AOA or the American Board of Medical Specialties (ABMS), and who is charged by a managed care plan with responsibility for overseeing all clinical activities of the plan in this state, or his or her designee.

(7) “Managed care plan” or “plan” means a health benefit plan offered by a health insurer that either requires a member to use, or creates incentives, including financial incentives, for a member to use, health care providers and health care facilities managed, owned, under contract with or employed by the health insurer. For purposes of this chapter, an obligation imposed upon a managed care plan shall be deemed to be imposed as well on the health insurer that offers the managed care plan.

(8) “Member” means any individual who has entered into a contract with a managed care plan for the provision of health care services, or on whose behalf such an arrangement has been made, as well as the individual’s dependents covered by the contract.

*[(6)]*(9) "Osteopathic physician" means a person licensed under this chapter to practice osteopathic medicine. *[(7)]*(10) "Practice of osteopathic medicine" means the diagnosis, treatment, operation or prescription for any human disease, pain, injury, deformity or other physical or mental condition, which practice is based in part upon educational standards and requirements which emphasize the importance of the neuromusculoskeletal structure and manipulative *[therapy]* treatment in the maintenance and restoration of health.

Sec. 16. 26 V.S.A. § 1837 is added to read:

§ 1837. MANAGED CARE PLAN; LOCAL MEDICAL DIRECTOR

A local medical director who is an osteopathic physician employed by a managed care plan with members in this state shall possess a full and unrestricted license issued by the board.

* * * Pharmacy * * *

Sec. 17. 26 V.S.A. § 2045 is amended to read:

§ 2045. REINSTATEMENT

(a) *[A person applying for renewal of a license that has lapsed for five years or less shall not be assessed the renewal fees for the years during which the license was lapsed. For renewal of a license lapsed for more than five years, the board may assess the renewal fees for the years the license has lapsed beyond five.]* The board may renew a license which has lapsed upon payment of the required fee and the late renewal penalty, provided all the requirements for renewal, including continuing education, have been satisfied. The board shall not require payment of renewal fees for years during which the license was lapsed.

* * *

* * * Veterinary Medicine * * *

Sec. 18. 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 or her 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]* renewal fee and late renewal penalty are paid and the person has satisfied all the requirements for renewal, including continuing education. A person shall not be required to pay renewal fees for years during which the license was lapsed. 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.

* * *

Sec. 19. 26 V.S.A. § 2428 is amended to read:

§ 2428. REINSTATEMENT

Reinstatement procedures for lapsed licenses may not include reexamination unless the license has been lapsed for at least four years. A person reinstating shall not be required to pay renewal fees for the years during which the license was lapsed.

* * * Radiology * * *

Sec. 20. 26 V.S.A. § 2804 is amended to read:

§ 2804. COMPETENCY REQUIREMENTS OF CERTAIN LICENSED PRACTITIONERS

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.

* * * Psychologists * * *

Sec. 21. 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, statistical methods and professional ethics, 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. 22. 26 V.S.A. § 3013 is amended to read:

§ 3013. CONDUCT OF EXAMINATIONS

(a) The board shall conduct examinations under this chapter at least twice a year at a time and place designated by it, provided, however, that examinations need not be conducted at times when there are no applicants requesting to be examined. Examinations may be written, computer-administered, computer-adapted or oral as determined by the board. In any written examination each applicant shall be designated by a number so that his name is not disclosed to the board until the examinations have been graded. Examinations shall include questions in such theoretical and applied fields as the board deems most suitable to test an applicant's knowledge and competence to engage in the practice of psychology. An applicant shall be held to have passed an examination upon the affirmative vote of at least four members of the board.

* * *

Sec. 23. 26 V.S.A. § 3015 is amended to read:

§ 3015. RENEWALS

* * *

(d) As a condition of renewal, the board may require that licensees establish that they have satisfied continuing education requirements established by board rule. Upon application, the board may exempt from continuing education requirements a licensee on active duty in the armed forces of the United States, if obtaining continuing education credits would be impossible in practice or a significant hardship for the licensee.

* * *

Sec. 24. 26 V.S.A. § 3016 is amended to read:

§ 3016. UNPROFESSIONAL CONDUCT

Unprofessional conduct means the conduct listed in this section and in section 129a of Title 3:

* * *

(9) Conduct which violates the “Ethical Principles of Psychologists and Code of Conduct” of the American Psychological Association, effective December 1, 1992, or its successor principles and code;

(10) Conduct which violates the “ASPPB Code of Conduct-1990” of the Association of State and Provincial Psychology Boards, or its successor code.

Sec. 25. 26 V.S.A. § 3018 is added to read:

§ 3018. TELEPRACTICE

Licensees who provide services regulated under this chapter by means of the internet or any other electronic means are deemed to provide such services in this state, and are subject to the jurisdiction of the board. The board may take disciplinary or other action against such licensees. Action taken by the board does not preclude any other jurisdiction from also taking disciplinary or other action against such licensees.

* * * Private Investigative and Security Services * * *

Sec. 26. 26 V.S.A. § 3173 is amended to read:

§ 3173. PRIVATE DETECTIVE AND PRIVATE DETECTIVE AGENCY LICENSES

(a) No person shall engage in the business of a private detective or operate a private detective agency in this state without first obtaining a license to do so from the board. The board shall not issue a license to a private detective or private detective agency without first obtaining and approving the following:

(1) An application filed in proper form.

(2) An application fee as established pursuant to section 3178a of this title.

(3) Evidence that the applicant has attained the age of majority.

(4) Evidence that the applicant has successfully passed the examination required by section 3175 of this title.

(b) The board may inquire of the Vermont criminal information center for any information on criminal records of the applicant, and the center shall provide such information to the board. The board, through the Vermont criminal information center, may also inquire of the appropriate state criminal record repositories in all states in which it has reason to believe an applicant has resided or been employed, and it may also inquire of the Federal Bureau of Investigation, for any information on criminal records of the applicant. When fingerprinting is required, the applicant shall bear the costs associated with the return and resubmission of illegible fingerprint cards. The board may also make such additional inquiries it deems necessary into the character, integrity and reputation of the applicant.

(c) The board shall require that the person has had appropriate experience in investigative work, for a period of not less than two years, as determined by the board. Such experience may include, but not be limited to, having been regularly employed as a private detective licensed in another state or as an investigator for a private detective licensed in this or another state, or has been a sworn member of a federal, state or municipal law enforcement agency.

(d) An application for a license may be denied upon failure of the applicant to provide information required, upon a finding that the applicant does not meet a high standard as to character, integrity and reputation or for unprofessional conduct defined in section 3181 of this title.

*[(e) Licenses shall be issued without examination to a person licensed under the laws of another jurisdiction to engage in the business of a private detective upon proof that the applicant holds a current valid license issued by a jurisdiction whose requirements are substantially equal to those of this state, provided the applicant has applied in writing and has paid the appropriate fees pursuant to section 3178a of this title.]*

Sec. 27. 26 V.S.A. § 3174 is amended to read:

§ 3174. SECURITY GUARD AND SECURITY AGENCY LICENSES

(a) No person shall engage in the business of security guard or operate a private security agency providing guard services in this state without first obtaining a license to do so from the board. No person shall engage in the business of providing guard dog services or operate a private security agency providing guard dog services without first obtaining a license to do so from the board. The board shall not issue a license without first obtaining and approving the following:

(1) An application filed in proper form.

(2) The application fee.

(3) Evidence that the applicant has attained the age of majority.

(4) Evidence that the applicant has successfully passed the examination required by section 3175 of this title.

(b) The board may inquire of the Vermont criminal information center for any information on criminal records of the applicant, and the center shall provide such information to the board. The board, through the Vermont criminal information center, may also inquire of the appropriate state criminal record repositories in all states in which it has reason to believe an applicant has resided or been employed, and it may also inquire of the Federal Bureau of Investigation, for any information on criminal records of the applicant. When fingerprinting is required, the applicant shall bear the costs associated with the return and resubmission of illegible fingerprint cards. The board may also make such additional inquiries it deems necessary into the character, integrity and reputation of the applicant.

(c) The board shall require that the person has had experience satisfactory to the board in security work, for a period of not less than two years. Such experience may include having been licensed as a security guard in another state or regularly employed as a security guard for a security agency licensed in this or another state, or been a sworn member of a federal, state or municipal law enforcement agency.

(d) *[An applicant for a license to provide armed guard services shall demonstrate to the board competence in the safe use of firearms in a manner deemed appropriate by the board, which may include evidence of law enforcement or military training in firearms. An applicant for a license to provide guard dog services shall demonstrate to the board competence in the handling of guard dogs in a manner deemed appropriate by the board.]*

*[(e)]* An application for a license may be denied upon failure of the applicant to provide information required, upon a finding that the applicant does not meet a high standard as to character, integrity and reputation or for unprofessional conduct defined in section 3181 of this title.

*[(f) Licenses shall be issued without examination to persons licensed under the laws of another jurisdiction to engage in the business of armed security guard services. Said licenses shall issue upon proof that the applicant holds a current valid license issued by a jurisdiction whose requirements are substantially equal to those of this state, provided the applicant has applied in writing and has paid the appropriate fees pursuant to section 3178a of this title.]*

Sec. 28. 26 V.S.A. § 3175a is added to read:

§ 3175a. FIREARMS AND GUARD DOG TRAINING

An applicant for a private detective or security guard license to provide armed services shall demonstrate to the board competence in the safe use of firearms in a manner deemed appropriate by the board, which may include evidence of law enforcement or military training in firearms. An applicant for a license to provide guard dog services shall demonstrate to the board competence in the handling of guard dogs in a manner deemed appropriate by the board. The board shall adopt rules governing the approval of firearm and guard dog training, including instructor qualifications.

* * * Clinical Social Workers * * *

Sec. 29. 26 V.S.A. § 3210 is amended to read:

§ 3210. UNPROFESSIONAL CONDUCT

(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:

* * *

*[(5) entering into an additional relationship with a client, supervisee, research participant or student that might impair the clinical social worker’s objectivity or otherwise interfere with the clinical social worker’s professional obligations; ]* *[(6)]*(5) practicing outside or beyond a clinical social worker’s area of training, experience or competence without appropriate supervision*[.]*;

(6) engaging in conflicts of interest that interfere with the exercise of the clinical social worker’s professional discretion and impartial judgment;

(7) failing to inform a client when a real or potential conflict of interest arises and to take reasonable steps to resolve the issue in a manner that makes the client’s interest primary and protects the client’s interest to the greatest extent possible;

(8) taking unfair advantage of any professional relationship or exploiting others to further the clinical social worker’s personal, religious, political or business interests;

(9) engaging in dual or multiple relationships with a client or former client in which there is a risk of exploitation or potential harm to the client;

(10) failing to take steps to protect a client and to set clear, appropriate and culturally sensitive boundaries, in instances where dual or multiple relationships are unavoidable;

(11) failing to clarify with all parties which individuals will be considered clients and the nature of the clinical social worker’s professional obligations to the various individuals who are receiving services, when a clinical social worker provides services to two or more people who have a spousal, familial or other relationship with each other;

(12) failing to clarify the clinical social worker’s role with the parties involved and to take appropriate action to minimize any conflicts of interest, when the clinical social worker anticipates a conflict of interest among the individuals receiving services or anticipates having to perform in conflicting roles such as testifying in a child custody dispute or divorce proceedings involving clients.

* * *

* * * Real Estate Appraisers * * *

Sec. 30. 26 V.S.A. § 3313 is amended to read:

§ 3313. BOARD OF REAL ESTATE APPRAISERS

*[(a)]* A board of real estate appraisers is established. The board shall consist of five members appointed by the governor *[with the advice and consent of the senate for three-year terms]*. Three members shall be real estate appraisers licensed under this chapter who have been actively engaged in the full-time practice of real estate appraising for five years preceding appointment and have been practicing in Vermont for the two-year period immediately preceding appointment. Two members shall be public members who shall have no direct financial interest personally or through a spouse, parent, child, brother or sister in real estate appraising. *[(b) Annually, the board shall elect a chair and vice-chair from among its members.]* *[(c) In the event of a vacancy occurring in the membership of the board, the vacancy shall be filled in the same manner as the original appointment with a person whose appointment shall terminate on the date on which the original appointment would have terminated if the vacancy had not occurred. ]* *[(d) A member shall not serve for more than two consecutive three-year terms.]*

* * * Athletic Trainers * * *

Sec. 31. 26 V.S.A. § 4151 is amended to read:

§ 4151. DEFINITIONS

As used in this chapter:

* * *

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

(A) Without further referral, to athletes participating in organized sports or athletic teams at an interscholastic, intramural, instructional, intercollegiate, amateur, or professional level*[, who have been determined, by a physician's examination, to be free of underlying pathology]*.

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

* * *

Sec. 32. 26 V.S.A. § 4157a is added to read:

§ 4157a. TEMPORARY CERTIFICATION

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

* * * Naturopathic Physicians * * *

Sec. 33. 26 V.S.A. § 4132 is amended to read:

§ 4132. UNPROFESSIONAL CONDUCT

(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:

(1) Failing to use a complete or accurate title in professional activity.

* * *

(5) Abandonment of a patient.

(6) Gross overcharging for professional services on repeated occasions, including filing of false statements for collection of fees for which services were not rendered.

(7) Sexual harassment of a patient.

(8) Engaging in an inappropriate sexual act with a patient.

(9) Willful misrepresentation in treatments.

* * *

* * * Nursing Home Administrators * * *

Sec. 34. 18 V.S.A. § 2052 is amended to read:

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

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

(b) The board shall consist of seven persons as follows:

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

(2) one *[practicing]* physician *[engaged]* who has had significant experience in the care of the chronically ill and infirmed;

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

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

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

(c) Members of the board shall be appointed by the governor.

* * * Common Interest Ownership * * *

Sec. 35. 27A V.S.A. § 2-101 is amended to read:

§ 2-101. CREATION OF COMMON INTEREST COMMUNITIES

* * *

(b) In a condominium, a declaration or an amendment to a declaration to add units may not be recorded unless all structural components and mechanical systems of all building containing or comprising any units created by the declaration are substantially completed in accordance with the plans as evidenced by a recorded certificate of completion executed by an independent professional engineer, surveyor or architect, as appropriate and if authorized by the respective practice acts of each profession in chapters 20, 45 and 3 of Title 26.

Sec. 36. 27A V.S.A. § 2-109(g) is amended to read:

(g) Any certification of a plat or plan required by this section shall be made by an independent professional surveyor, architect or engineer, as appropriate and if authorized by the respective practice acts of each profession in chapters 45, 3 and 20 of Title 26.

* * * Boxing * * *

Sec. 37. 31 V.S.A. chapter 21 is added to read:

CHAPTER 21. BOXING

§ 1101. DEFINITIONS

As used in this chapter:

(1) “Boxer” means an individual who participates in a boxing match.

(2) “Boxing match” or “match” means a contest or training exhibition for a prize or purse where an admission fee is charged and where individuals score points by striking the head and upper torso of an opponent with padded fists. An amateur boxing match is a match held under the supervision of a school, college or university or under the supervision of United States Amateur Boxing, Inc. or its successor as the nationally-designated governing body for amateur boxing. All other matches shall be considered professional boxing matches.

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

(4) "Disciplinary action" includes any action by the administrative law officer appointed under section 129 of Title 3, premised upon a finding of wrongdoing. It includes all sanctions of any kind, denying, suspending, revoking, issuing warnings and other sanctions.

(5) "Manager" means a person who receives compensation for service as an agent or representative of a professional boxer.

(6) “National boxer registry” means an entity certified by the Association of Boxing Commissions for the purpose of maintaining records for the identification of professional boxers and for tracking their records and suspensions.

(7) "Participant" means managers, seconds, referees and judges in a professional boxing match.

(8) "Promoter" means a person that organizes, holds, advertises or otherwise conducts a professional boxing match.

§ 1102. DIRECTOR; POWERS; DUTIES

(a) The director shall have jurisdiction over professional boxing matches. The director’s power to supervise professional boxing matches includes the power to suspend a match immediately if there is a serious and immediate danger to the public, boxers, promoters or participants.

(b) Except as provided in this subsection, the director shall not have jurisdiction over amateur boxing matches. Amateur boxing matches shall be conducted according to the rules of United States Amateur Boxing, Inc., the national governing body for amateur boxing of the United States Olympic Committee or its successor as the nationally-designated governing body for amateur boxing. However, upon a finding that the health and safety of the boxers and participants in an amateur match are not being sufficiently safeguarded, the director shall assume jurisdiction over and supervisory responsibility for the match. The director’s decision may be appealed to the administrative law officer appointed under section 129 of Title 3 within 10 days of the date the finding is issued. If the director assumes jurisdiction under this subsection, the match shall continue to be conducted in accordance with the rules of United States Amateur Boxing, Inc.

(c) The director shall:

(1) provide information to applicants for registration;

(2) administer fees collected under this chapter;

(3) explain appeal procedures to registrants and applicants and complaint procedures to the public;

(4) receive applications for registration, grant registration under this chapter, renew registrations and deny, revoke, suspend, reinstate or condition registrations as directed by an administrative law officer;

(5) refer all complaints and disciplinary matters to an administrative law officer appointed under section 129 of Title 3.

(d) The director may adopt rules necessary to perform his or her duties under this chapter. The uniform rules of the Association of Boxing Commissions as adopted on June 6, 1998, and as amended from time to time, shall apply to professional boxing matches conducted under this chapter to the extent those rules address matters not covered by rules adopted by the director.

§ 1103. ADVISOR APPOINTEES

(a) The secretary of state shall appoint two persons to serve as advisors in matters related to boxing. One advisor shall be a person with at least three years’ experience with boxing, and one shall be a medical doctor. The advisor appointees shall be appointed for staggered five-year terms and shall serve at the pleasure of the secretary.

(b) The director shall seek the advice of the advisors appointed under this section in carrying out the provisions of this chapter. The advisors shall be entitled to compensation and necessary expenses in the amount provided in section 1010 of Title 32 for attendance at any meeting called by the director for this purpose.

(c) For purposes of the federal Professional Boxing Safety Act of 1995, as amended, the director and the advisor appointees shall be deemed to be the Vermont state boxing commission.

§ 1104. PROFESSIONAL BOXER REGISTRATION; MATCH REGISTRATION

(a) In order to participate in a professional boxing match in this state, a boxer shall possess an identification card issued by the national boxing registry.

(b) A professional boxer who is a resident of this state or a resident of another state or country without a boxing commission may obtain a national boxing registry identification card by registering with the office of professional regulation. The registration application shall be in the form prescribed by the director and shall include any information required by the director in order to verify the applicant’s identity. The application shall be accompanied by the required fee.

(c) The director shall issue a photo identification card to each boxer registered under this section. The card shall contain the personal identification number assigned to that boxer by the national boxing registry. Registrations may be renewed every two years upon payment of the required fee.

(d) Before each professional boxing match and no later than the weigh-in, each boxer shall present the photo identification card issued under this section to the director’s agent who shall verify the identification card and check it against the records of the national boxer registry before a boxer shall be allowed to participate in the match. A boxer who fails to present a valid identification card shall not be allowed to participate in the match.

(e) The director shall establish procedures for evaluating the records of professional boxers and, when appropriate, for denying authorization to participate in a match.

(f) A boxer shall not be allowed to participate in a professional match if the boxer is under suspension in another state.

§ 1105. PROMOTERS; REGISTRATION; BOND REQUIREMENT

(a) A person shall not act as a promoter in this state unless he or she is registered with the office of professional regulation. The application shall be made on forms provided by the director and shall be filed at least 14 days prior to the date of the intended professional boxing match.

(b) Each application shall be accompanied by a surety or cash bond in the amount of $5,000.00, payable to the state of Vermont, together with proof of medical insurance covering the boxers for injuries sustained during the match. The bond or surety shall be conditioned upon the faithful performance by the promoter of the provisions of this chapter, the fulfillment of the promoter’s contractual obligations with the boxers and participants and subject to the payment of any fees or penalties imposed by this chapter.

(c) Each application shall contain a list of the boxers and participants, along with each boxer's personal identification number assigned by the national boxer registry.

§ 1106. PARTICIPANTS; REGISTRATION

A person shall not act as a participant in this state unless he or she is registered with the office of professional regulation. The application shall be made on forms provided by the director and shall be filed at least 14 days prior to the date the applicant first intends to act as a participant in this state. Registrations may be renewed every two years upon payment of the required fee.

§ 1107. MATCHES; MEDICAL SUSPENSIONS

Medical suspensions of professional boxers shall be determined by following the guidelines issued by the Association of Boxing Commissions as adopted and as may be amended from time to time. A boxer may be suspended for a recent knockout, a series of losses, a required medical procedure, a physician's denial of certification, the failure of a drug test, or for other reasons outlined in this chapter or rules adopted under this chapter.

§ 1108. MATCHES; SPECIAL PROVISIONS

(a) The director shall designate one or more individuals who shall act as boxing inspectors for professional boxing matches and, at the discretion of the director, at amateur boxing matches to insure that boxing laws and rules are strictly observed. Boxing inspectors shall have all the powers of the director with regard to regulation of a match. Inspectors shall have free access to the dressing rooms of the boxers and shall be present at the weigh-in.

(b) Before a professional match, the promoter shall insure that each boxer is examined by a physician licensed in this state for the purpose of certifying that the boxer is physically fit to compete safely. Copies of the physician’s certificate shall be filed with the director prior to the match. In addition, at any time prior to a professional match, the director may require that a boxer undergo a physical examination, which may include neurological tests and procedures.

(c) A physician approved by the director must be continuously present at ringside during every professional boxing match to observe the physical condition of the boxers. The physician shall advise the referee on the condition of the boxers.

(d) The promoter shall insure that an ambulance and medical personnel, with appropriate resuscitation equipment, are continuously present at the site during a professional boxing match.

§ 1109. FEES

(a) Applicants and persons regulated by this chapter shall be subject to the following fees:

(1) Promoter registration $500.00

(2) Boxer registration $ 25.00

(3) Manager registration $ 25.00

(4) Second registration $ 25.00

(5) Referee registration $ 25.00

(6) Judge registration $ 25.00

(7) Biennial renewal for professional

boxers, managers, seconds, referees

and judges $25.00

(b) If the director exercises jurisdiction over an amateur match under section 122 of this title, the person that organized, held, advertised or otherwise conducted the match shall pay a fee of $500.00.

§ 1110. REPORTS TO BE FILED; PROFESSIONAL BOXING

(a) Within 24 hours of the conclusion of a professional match (excluding weekends or national holidays), the promoter or designee shall file a written report with the director on a form prescribed by the director, indicating the specific result of each match and any problems encountered in the running of the event.

(b) Within 48 hours of the conclusion of the professional match (excluding weekends or national holidays), the director or designee shall report the results of the match to the national boxer registry or registries as designated by the Association of Boxing Commissions.

(c) Within 48 hours of any final disciplinary action against a boxer, promoter or manager (excluding weekends or national holidays), the director or designee shall report any final disciplinary action taken against a promoter, boxer or manager to the national boxer registry or registries as designated by the Association of Boxing Commissions.

§ 1111. REPORT TO BE FILED; AMATEUR BOXING

No more than seven days after the conclusion of an amateur boxing match, the United States Amateur Boxing, Inc. representative shall file a report with the director certifying complete compliance with the rules of USA Boxing, summarizing the results of the event and detailing any problems encountered during the event.

§ 1112. GROUNDS FOR DISCIPLINARY ACTIONS

(a) An applicant or a registrant shall be subject to disciplinary action for the conduct listed in this section and in 3 V.S.A. § 129a:

(1) A boxer, for fighting after failing a pre-fight physical examination.

(2) A promoter,

(A) for permitting a nonregistered boxer to participate in a match; or

(B) for participating in a match or allowing a boxer or other participant to participate in a match while under suspension in another state or by another boxing regulatory organization.

(3) A promoter, boxer or participant, for violating any requirement of this chapter or any rule adopted under this chapter.

(b) After hearing, and upon a finding of wrongdoing, the administrative law officer appointed under section 129(j) of Title 3 may take disciplinary action against a registrant or an applicant.

§ 1113. TAX ON PROFESSIONAL BOXING CONTESTS

Any person holding or conducting a professional boxing match shall notify the director not less than five days in advance of the holding of the match, and after the match is concluded shall immediately pay to the director a sum, designated as a gate tax, which shall be an amount equal to five percent of the gross receipts, exclusive of any federal tax thereon. Gate tax shall be deposited in the professional regulatory fee fund and used to carry out the provisions of this chapter. Payments required by this section shall be accompanied by reports in the form required by the director. All tickets of admission to a professional boxing match shall bear clearly the purchase price on the face of the ticket.

* * * Alcohol and Drug Abuse Counselors * * *

Sec. 38. 33 V.S.A. chapter 8 is added to read:

CHAPTER 8. ALCOHOL AND DRUG ABUSE COUNSELORS

§ 801. DEFINITIONS

As used in this chapter:

(1) “Alcohol and drug abuse counselor” means a person who engages in the practice of alcohol and drug abuse counseling for compensation.

(2) “Commissioner” means the commissioner of the department of health.

(3) “Director” means the director of the division of alcohol and drug abuse programs.

(4) “Disciplinary action” means any action taken by the administrative law officer appointed pursuant to subsection 129(j) of Title 3 against a licensee or applicant based on a finding of unprofessional conduct by the licensee or applicant. “Disciplinary action” includes issuance of warnings and all sanctions, including denial, suspension, revocation, limitation or restriction of licenses and other similar limitations.

(5) “Practice of alcohol and drug abuse counseling” means the application of methods, including psychotherapy, which assist an individual or group to develop an understanding of alcohol and drug abuse dependency problems, define goals and plan actions reflecting the individual’s or group’s interests, abilities and needs as affected by alcohol and drug abuse dependency problems and co-morbid conditions.

(6) “Supervision” means the oversight of a person for the purposes of teaching, training or clinical review by a professional in the same area of specialized practice.

§ 802. PROHIBITION; PENALTIES

(a) No person shall perform any of the following acts:

(1) Practice or attempt to practice alcohol and drug abuse counseling without a valid license issued in accordance with this chapter, except as otherwise provided in section 803 of this title.

(2) Use in connection with the person’s name any letters, words or insignia indicating or implying that the person is an alcohol and drug abuse counselor, unless the person is licensed in accordance with this chapter.

(b) A person who violates any of the provisions of this section shall be imprisoned not more than three months or fined not more than $1,000.00, or both.

§ 803. EXEMPTIONS

The provisions of subdivision 802(a)(1) of this title, relating to the practice of alcohol and drug abuse counseling, shall not apply to:

(1) The activities and services of a rabbi, priest, minister, Christian Science practitioner or clergy of any religious denomination or sect 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 or 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.

(2) The activities and services of a person licensed, certified or registered under other laws of this state while acting within the scope of his or her profession or occupation, provided the person does not hold himself or herself out to the public as possessing a license issued pursuant to this chapter.

(3) The activities and services of a student intern or trainee in alcohol and drug abuse counseling who is pursuing a course of study in an accredited institution of higher education or a training course approved by the director, provided these activities are performed under supervision of and constitute a part of an approved course of study.

(4) The activities and services of approved alcohol and drug counselors who are working under the supervision of a licensed alcohol and drug abuse counselor.

(5) A person acting as a member of a voluntary group of individuals who offer peer support to each other in recovering from an addiction.

§ 804. COORDINATION OF PRACTICE ACTS

Notwithstanding any provision of law to the contrary, a person may practice psychotherapy when acting within the scope of a license granted under this chapter, provided he or she does not hold himself or herself out as a practitioner of a profession for which he or she is not licensed.

§ 805. DIRECTOR; DUTIES

(a) The director shall:

(1) Provide general information to applicants for licensure as alcohol and drug abuse counselors.

(2) Administer fees collected under this chapter.

(3) Administer examinations.

(4) Explain appeal procedures to licensees and applicants for licensure.

(5) Receive applications for licensure under this chapter, issue and renew licenses and revoke, suspend, reinstate or condition licenses as ordered by an administrative law officer.

(6) Contract with the office of professional regulation to adopt and explain complaint procedures to the public, manage case processing, investigate complaints and refer adjudicatory proceedings to an administrative law officer.

(b) The commissioner of health, with the advice of the director and the advisor appointees, may adopt rules necessary to perform the director's duties under this section.

§ 806. ADVISOR APPOINTEES

(a) The commissioner of health, with the advice of the director, shall appoint two alcohol and drug abuse counselors licensed under this chapter and one consumer representative to serve as advisors to the director in matters relating to alcohol and drug abuse counseling. They shall be appointed for staggered terms of five years and serve at the pleasure of the commissioner of health. Of the initial alcohol and drug abuse counselors appointed, one shall be appointed for a term of less than three years.

(b) Each alcohol and drug abuse counselor appointee shall have at least three years of experience as an alcohol and drug abuse counselor during the period immediately preceding appointment, and shall be actively practicing alcohol and drug abuse counseling in Vermont and remain in good standing during incumbency.

(c) The commissioner and the director shall seek the advice of the advisors appointed under this section in carrying out the provisions of this chapter. The advisor appointees shall be entitled to compensation and necessary expenses as provided in section 1010 of Title 32 for attendance at any meetings called by the director for this purpose.

§ 807. ELIGIBILITY

To be eligible for licensure as an alcohol and drug abuse counselor, an applicant shall:

(1) Have received a master’s degree or doctorate in a human services field from an accredited educational institution, including degrees in counseling, social work, psychology or in an allied mental health field, or a master’s degree or higher in a health care profession regulated under this title or Title 26, after having successfully completed a course of study with course work, including theories of human development, diagnostic and counseling techniques, and professional ethics, and which includes a supervised clinical practicum.

(2) Have been awarded an approved counselor credential from the division of alcohol and drug abuse programs in accordance with rules adopted by the director.

§ 808. APPLICATION

An individual may apply for a license under this chapter by filing, with the director, an application provided by the director. The application shall be accompanied by the required fees and evidence of eligibility.

§ 809. BIENNIAL RENEWALS

(a) Licenses shall be renewed every two years upon payment of the required fee, provided the person applying for renewal completes at least 40 hours of continuing education, approved by the director, during the preceding two-year period. The director shall establish, by rule, guidelines and criteria for continuing education credit.

(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 a reinstatement fee. A person shall not be required to pay renewal fees for years during which the license was lapsed.

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

§ 810. UNPROFESSIONAL CONDUCT

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

(1) Violation of any provision of this chapter or rule adopted under this chapter.

(2) Failing to use a complete title in professional activity.

(3) Conduct which evidences moral unfitness to practice alcohol and drug abuse counseling.

(4) Negligent, incompetent or wrongful conduct in the practice of alcohol and drug abuse counseling.

(5) Harassing, intimidating or abusing a client.

(6) Agreeing with any other person or organization, 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 director.

§ 811. REGULATORY FEE FUND

(a) An alcohol and drug counselor regulatory fee fund is created. All counselor licensing and examination fees received by the division shall be deposited into the fund, and used to offset the costs incurred by the division for these purposes and for the costs of investigations and disciplinary proceedings.

(b) To ensure that revenues derived by the division are adequate to offset the cost of regulation, the commissioner of health and the director shall review fees from time to time, and present proposed fee changes to the general assembly.

§ 812. FEES

In addition to the fees otherwise authorized by law, the director may charge the following fees:

(1) Late renewal penalty, $25.00 for a renewal submitted less than 30 days late. Thereafter, the director 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.

(2) Reinstatement of revoked or suspended license, $20.00.

(3) Replacement of license, $20.00.

(4) Verification of license, $20.00.

(5) An examination fee established by the director, which shall be no greater than the costs associated with examinations.

(6) Licenses granted under rules adopted pursuant to 3 V.S.A. § 129(a)(10), $20.00.

(7) Application for registration, $75.00.

(8) Application for licensure or certification, $100.00.

(9) Biennial renewal, $135.00.

(10) Limited temporary license or work permit, $50.00.

Sec. 39. 8 V.S.A. § 4099 is amended to read:

§ 4099. ELIGIBILITY

(a) To be eligible for coverage, benefits must be rendered by:

(1) *[a substance abuse counselor approved by the agency of human services or other person approved by the agency of human services]* an alcohol or drug abuse counselor licensed under chapter 8 of Title 33; or

(2) *[an institution]* a program, approved by the agency of human services, *[which provides a program]* for the treatment of alcohol dependency pursuant to a written plan.

(b) The secretary of the agency of human services shall, by rule, establish standards and criteria for the purpose of determining eligibility under this section. *[The rules relating to eligibility under subsection (a)(1) of this section shall include, but not be limited to, requirements pertaining to minimum levels of education, continuing education if available, and experience in the field of substance abuse.]*

Sec. 40. 33 V.S.A. § 706(b) is amended to read:

(b) The office shall be responsible for the following services:

(1) prevention and intervention;

(2) *[employee assistance program]* licensure of alcohol and drug counselors;

(3) project CRASH schools;

(4) alcohol and drug treatment.

Sec. 41. 33 V.S.A. § 706(e) is added to read:

(e) Under subdivision (b)(4) of this section, the commissioner of health may contract with the secretary of state for provision of adjudicative services of one or more administrative law officers and other investigative, legal and administrative services related to licensure and discipline of alcohol and drug counselors.

Sec. 42. TRANSITIONAL PROVISIONS

(a) Notwithstanding the provisions of 33 V.S.A. § 806, relating to the qualifications for advisor appointees, the alcohol and drug abuse counselors initially appointed shall be qualified for licensure under 33 V.S.A. § 807 and shall become licensed during incumbency.

(b) Within six months of the effective date of this act and upon application and payment of the required fee, the director shall issue a license to any person who, on the effective date of this act, has been approved by the agency of human services as a counselor at the “Approved Counselor” level or higher.

* * * Midwives * * *

Sec. 43. LEGISLATIVE FINDINGS

The general assembly finds that:

(1) pregnancy and birth are usually normal and healthy events in the life of a woman and her family which have physical, emotional, spiritual and social dimensions;

(2) prenatal care and attendance at birth by skilled providers can contribute to the health of women during pregnancy, facilitate the birth process and allow for both the detection of abnormalities and rendering of emergency measures when needed;

(3) midwifery is a useful art and practice that affirms the integrity of women's bodies and their autonomy, and the right and responsibility of a woman to make choices concerning birth;

(4) licensed professional midwives have demonstrated competence to provide sound care for pregnant women and to assist at birth in other states;

(5) midwifery care can appropriately occur at home, in birthing centers or in medical facilities.

Sec. 44. 26 V.S.A. chapter 85 is added to read:

CHAPTER 85. MIDWIVES

§ 4181. DEFINITIONS

The definitions contained in this section shall apply throughout this chapter unless the context clearly requires otherwise:

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

(2) “Licensed Midwife (LM)” means anyone who has met the requirements set down by the North American Registry of Midwives and who meets the eligibility criteria set forth in this chapter.

(3) “Midwifery” means the provision of care, support and education to healthy women during the childbearing cycle, including normal pregnancy, labor, childbirth and the postpartum period. Such care occurs in collaboration and consultation with other health care providers, and can appropriately occur at home, in birthing centers or in medical facilities. Such care, support and education may relate to:

(A) appropriate measures that promote and maintain the health of the mother and baby;

(B) the availability of birthing alternatives;

(C) the prevention or reduction of risk to the mother and baby;

(D) the detection of abnormal conditions;

(E) the procurement of appropriate medical assistance;

(F) the execution of emergency measures;

(G) the provision of newborn care and appropriate screening; and

(H) the provision of well-woman health care.

(4) “Midwifery educational process” means a course of study that includes a combination of apprenticeship, self-teaching, experience, formal instruction, correspondence work or at-distance learning, and practice in nonmedical settings, usually the home, but sometimes free-standing birth centers, approved or accredited, or both, by the Midwifery Education Accreditation Council.

(5) “NARM” means the North American Registry of Midwives.

(6) “VMA” means the Vermont midwives alliance.

§ 4182. EXEMPTIONS

In recognition that, in Vermont, a variety of practitioners provides care to women during pregnancy and birth, this chapter does not apply to the following:

(1) Certified nurse-midwives authorized under the board of nursing to practice in Vermont, unless they have chosen to become licensed midwives. Notwithstanding this subsection, certified nurse-midwives who choose to become licensed midwives remain subject to the jurisdiction of the board of nursing as well as to the provisions of this chapter.

(2) Licensed physicians or other licensed health care providers authorized to provide midwifery care.

(3) Student midwives in training with licensed midwives.

§ 4183. ELIGIBILITY

A person shall be eligible to be licensed as a midwife, if the person has:

(1) certification as a certified professional midwife (CPM) by the North American Registry of Midwives;

(2) earned a high school degree or its equivalent as a basis for entry into the study of midwifery; and

(3) agreed to practice according to the scope and standards of practice as required by rules adopted pursuant to section 4185 of this title.

§ 4184. APPLICATION FOR AND ISSUANCE OF LICENSE

To become a licensed midwife, a person shall apply to the director on a form the director shall furnish. The application shall be accompanied by the specified fee and evidence that the person meets the eligibility requirements of section 4183 of this title.

§ 4185. DIRECTOR; DUTIES

(a) The director shall:

(1) Provide general information to applicants for licensure as midwives.

(2) Explain appeal procedures to licensed midwives and applicants, and complaint procedures to the public.

(3) Administer fees as established by law.

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

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

(b) The director shall adopt general rules necessary to perform his or her duties under this chapter, maintain and make available a list of approved programs for continuing education, and by January 1, 2001, in consultation with the commissioner of health, the Vermont medical society, and the Vermont chapter of the American College of Nurse-Midwives, adopt specific rules defining the scope and practice standards, including risk-assessment criteria, based at a minimum, on the practice standards of the Vermont Midwives Alliance (VMA) and the Midwives Alliance of North America (MANA), and defining a protocol and formulary for drug use by licensed midwives, including anti-hemorrhagic drugs and oxygen.

§ 4186. ADVISOR APPOINTEES

(a) The secretary of state shall appoint two licensed midwives and one physician, licensed under chapter 23 of this title and who has professional experience with home births, to serve as advisors in matters relating to licensed midwives. They shall be appointed for staggered five-year terms and shall serve at the pleasure of the secretary. One of the initial appointments may be for less than five years.

(b) The midwife appointees shall not have less than three years' experience as midwives qualified to be licensed under this chapter during the period immediately preceding appointment and shall be actively engaged in midwifery during their incumbency.

(c) The office of professional regulation shall investigate complaints regarding licensed midwives or applicants for licensing or renewal and, when appropriate, refer them to an administrative law officer established under subsection 129(j) of Title 3.

(d) The director shall seek the advice of the persons appointed under this section in carrying out the provisions of this chapter. Such appointees shall be entitled to compensation and expenses as provided in section 1010 of Title 32 for attendance at any meeting called by the director for this purpose.

§ 4187. RENEWALS

(a) Biennially, the director shall forward a renewal form to each licensed midwife. The completed form shall include verification that during the preceding two years, the licensed midwife has:

(1) completed 20 hours of continuing education approved by the director by rule;

(2) participated in at least four peer reviews;

(3) submitted individual practice data; and

(4) maintained current cardiopulmonary resuscitation certification.

Upon receipt of the completed form and of the renewal fee, the director shall issue a renewal license to applicants who qualify under this section.

(b) The director shall renew a license which has lapsed for a period of three years or less upon receipt of the renewal fee and late renewal penalty, the reinstatement fee, and an application for renewal which shows that the person still meets the eligibility requirements of this chapter and that all the requirements for renewal, including continuing education, have been satisfied. A person shall not be required to pay renewal fees for lapsed years.

(c) The director may adopt rules to assure that an applicant whose license has lapsed for a period greater than three years may be eligible for licensing, but such rules shall not establish requirements greater than the eligibility requirements of this chapter.

§ 4188. UNPROFESSIONAL CONDUCT

(a) A licensed midwife or applicant for licensing, renewal or reinstatement shall not engage in unprofessional conduct.

(b) Unprofessional conduct shall include the conduct prohibited by section 129a of Title 3 and by this section, whether or not taken by a license holder:

(1) failing to provide for informed consent, or exercising undue influence on or taking improper advantage of a person using midwifery services;

(2) willfully making or filing false reports or records in the practice of midwifery, obstructing that filing, or willfully failing to file required reports or records, including birth certificates;

(3) engaging in abusive behavior of any kind with clients.

(c) After a hearing, and upon a finding of unprofessional conduct, an administrative law officer may take disciplinary action against a licensed midwife or applicant.

§ 4189. PROHIBITION; OFFENSES

(a) No person shall use in connection with the person's name any letters, words or insignia indicating or implying that the person is a licensed midwife, unless the person is licensed in accordance with this chapter. However, a person may use any designation issued by a state or nationally-recognized organization, as long as the name of that organization is clearly used with the designation.

(b) No person shall practice midwifery in this state without a valid license issued in accordance with this chapter except as provided in section 4182 of this title.

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

§ 4190. WRITTEN PLAN FOR CONSULTATION, EMERGENCY

TRANSFER AND TRANSPORT

Every licensed midwife shall develop a written plan for consultation with physicians licensed under chapter 23 of this title and other health care providers for emergency transfer, for transport of an infant to a newborn nursery or neonatal intensive care nursery, and for transport of a woman to an appropriate obstetrical department or patient care area. The written plan shall be submitted to the director on an approved form with the application required by section 4184 of this title and biennially thereafter with the renewal form required by section 4187 of this title.

§ 4191. INFORMED CONSENT

A licensed midwife shall provide each client with and maintain a record of a signed informed consent form that describes the midwife’s education and credentials, whether the midwife has professional liability insurance coverage, procedures and risks of home birth, a copy of the emergency plan required by section 4190 of this title, and the address and phone number of the office of professional regulation where complaints may be filed.

Sec. 45. 3 V.S.A. § 125 is amended to read:

§ 125. FEES

* * *

(b) *[Notwithstanding any provisions of law to the contrary]* Unless otherwise provided by law, the following fees shall apply to all professions regulated by the director in consultation with advisor appointees under Title 26:

(1) Application for registration, $75.00

(2) Application for licensure or certification, $100.00

(3) Biennial renewal, $135.00

(4) Limited temporary license or work permit, $50.00

* * * Electrologists * * *

Sec. 46. 26 V.S.A. chapter 86 is added to read:

CHAPTER 86. ELECTROLOGISTS

§ 4401. PURPOSE

The general assembly finds that the public's health would be better protected if services by electrologists were regulated, because the unregulated practice of electrology can harm or endanger the health, safety, or welfare of the public through use of improper sterilization and infection control procedures. Electrology is the procedure performed to remove hair permanently from the human body. This is accomplished by inserting a fine, sterile needle into the hair follicle and applying a measured amount of electricity to produce heat or a chemical reaction to permanently destroy the hair follicle’s germinating capacity. Consumers have a substantial interest in relying on the qualifications of the practitioner of electrology; therefore, regulation should be through a system of certification.

§ 4402. DEFINITIONS

As used in this chapter:

(1) "Director" means the director of the office of professional regulation.

(2) "Disciplinary action" means any action taken by an administrative law officer established under subsection 129(j) of Title 3 against a certified electrologist or an applicant. It includes all sanctions of any kind, including obtaining injunctions, refusal to grant or renew certification, suspension or revocation of certification, issuing warnings and other similar sanctions.

(3) "Electrology" means the removal of hair by electrical current using needle/probe electrode-type epilation which would include electrolysis (direct current/DC), thermolysis (alternating current/AC), or a combination of both (superimposed or sequential blend).

(4) “Practice of electrology” or “practicing electrology” means engaging in the continuing performance of electrology, for compensation.

(5) “Shop” means a facility regularly used to offer or perform the practice of electrology.

§ 4403. PROHIBITION; PENALTY

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

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

§ 4404. DIRECTOR; DUTIES

(a) The director shall have the following duties:

(1) provide general information to applicants for certification as electrologists;

(2) explain appeal procedures to certified electrologists and applicants and complaint procedures to the public;

(3) administer fees established by law;

(4) receive applications for certification, issue certification to applicants qualified under this chapter, deny or renew certifications and issue, revoke, suspend, condition and reinstate certifications as ordered by an administrative law officer;

(5) refer complaints and disciplinary matters to an administrative law officer.

(b) The director may inspect shops used for the practice of electrology. 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 may be charged, as provided in section 4410 of this title. The director may waive all or a part of the reinspection fee in accordance with criteria established by rule.

(c) The director, after consultation with the advisor appointees, may adopt rules necessary to perform the director's duties under this chapter.

§ 4405. ADVISOR APPOINTEES

(a) The secretary of state shall appoint two certified electrologists for five-year terms to serve as advisors in matters relating to electrologists. One of the initial appointments may be for less than a five-year term. Appointees shall not have less than three years' experience as an electrologist immediately preceding appointment and shall be actively engaged in the practice of electrology in Vermont during incumbency.

(b) The director shall seek the advice of the electrologist advisors in carrying out the provisions of this chapter. Such advisor appointees shall be entitled to compensation and necessary expenses in the amount provided in section 1010 of Title 32 for attendance at any meeting called by the director for this purpose.

§ 4406. ELIGIBILITY

To be eligible for certification as an electrologist, an applicant:

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

(2) shall have:

(A) satisfactorily completed a course of study of at least 600 hours at a school of electrology approved by an accrediting body recognized by the United States Department of Education and have passed the examination described in section 4407 of this title; or

(B) obtained a current license or certification in good standing in another jurisdiction having requirements substantially equivalent to those in this state.

§ 4407. EXAMINATION

(a) The director shall examine applicants for certification as electrologists at such times and places as the director may determine.

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

(c) The director shall examine applicants for certification and may use a standardized national examination. The director may limit, by rule, the number of times a person may take an examination. Before selecting the examination, the director shall consult the advisors appointed under section 4405 of this title.

§ 4408. APPLICATION

A person who desires to be certified as an electrologist shall apply to the director in writing, on a form furnished by the director, accompanied by payment of a fee required pursuant to section 4410 of this title and evidence that the applicant meets the requirements set forth in section 4406 of this title.

§ 4409. SHOP REGISTRATION

(a) No shop shall operate in this state without first registering with the office of professional regulation and paying the fee provided in section 4410 of this title. Registration shall be in the form required by the director.

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

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

(d) The practice of electrology shall be permitted only in registered shops.

§ 4410. RENEWALS; CONTINUING EDUCATION

(a) Certificates shall be renewed every two years upon payment of the required fee, provided the person applying for renewal completes 20 hours of continuing education, approved by the director, during the preceding two-year period. The director, with the advice of the advisors appointed under section 4405 of this title, shall establish guidelines and criteria for continuing education credit.

(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 reinstatement of a certificate which has lapsed shall be accompanied by the renewal fee and the late renewal penalty. 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 hearing, revoke a person's right to reinstate certification if the certification has lapsed for five or more years.

§ 4411. UNPROFESSIONAL CONDUCT

(a) Unprofessional conduct means misusing a title in professional activities and any of the conduct listed in section 129a of Title 3, whether committed by a certified electrologist or an applicant.

(b) After hearing, and upon a finding of unprofessional conduct, an administrative law officer may take disciplinary action against a certified electrologist or applicant.

Sec. 47. TRANSITIONAL PROVISIONS

(a) The initial electrologist advisor appointees shall be eligible for certification under 26 V.S.A. § 4406 and shall become certified during incumbency.

(b) The initial appointments of electrologist advisor appointees shall be for staggered terms.

(c) The director may waive the education and training requirements under 26 V.S.A. § 4406 for any individual who has practiced electrology for at least three years prior to the effective date of this act.

Sec. 48. REPEAL

31 V.S.A. chapter 3 (Boxing Control Board) is repealed.

Sec. 49. 26 V.S.A. § 1311 is amended to read:

§ 1311. DEFINITIONS

For the purposes of this chapter:

(1) A person who advertises or holds himself or herself out to the public as a physician or surgeon, or who assumes the title or uses the words or letters “Dr.,” “Doctor,” “Professor,” “M.D.,” or “M.B.,” in connection with his or her name, or any other title implying or designating that he or she is a practitioner of medicine or surgery in any of its branches, or shall advertise or hold himself or herself out to the public as one skilled in the art of curing or alleviating disease, bodily injuries or physical or nervous ailments, or shall prescribe, direct, recommend, or advise, give or sell for the use of any person, any drug, medicine or other agency or application for the treatment, cure or relief of any bodily injury, infirmity or disease, or who follows the occupation of treating diseases by any system or method, shall be deemed a physician, or practitioner of medicine or surgery*[;]* .

(2) “Board” means the state board of medical practice established under section 1351 of this title*[;]* .

(3) “License” means license to practice medicine and surgery in the state as defined in subchapter 3 of this chapter*[;]* .

(4) “Local medical director” means, for purposes of this chapter, a physician who is board-certified or board-eligible in his or her field of specialty, as determined by the American Board of Medical Specialties (ABMS), and who is charged by a managed care plan with responsibility for overseeing all clinical activities of the plan in this state, or his or her designee.

(5) “Managed care plan” or “plan” means a health benefit plan offered by a health insurer that either requires a member to use, or creates incentives, including financial incentives, for a member to use, health care providers and health care facilities managed, owned, under contract with or employed by the health insurer. For purposes of this chapter, an obligation imposed upon a managed care plan shall be deemed to be imposed as well on the health insurer that offers the managed care plan.

*[(4)]*(6) “Members” means members of the board*[; and]* . *[(5)]*(7) “Secretary” means the secretary of the board.

Sec. 50. 26 V.S.A. § 1402 is added to read:

§ 1402. MANAGED CARE PLAN; LOCAL MEDICAL DIRECTOR

A local medical director who is a physician employed by a managed care plan in this state, which has individuals who have entered into contracts with a managed care plan for the provision of health care services, or on whose behalf such an arrangement has been made, shall possess a full and unrestricted license issued by the board.

Sec. 51. 3 V.S.A. § 123(g) is added to read:

(g) On or before January 1 of each year, the director shall file a report of all rules adopted for professions attached to the office of professional regulation within the last 12 months to the house and senate committees on government operations of the general assembly.

Sec. 52. 3 V.S.A. § 122 is amended to read:

§ 122. OFFICE OF PROFESSIONAL REGULATION

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

* * *

(22) Boxing *[control board]*.*[ ]*

* * *

(39) Midwifery.

(40) Electrology.

Sec. 53. EFFECTIVE DATES

This act shall take effect on July 1, 2000, except Secs. 37 through 44 and 46 through 48, which shall take effect on January 1, 2001.

Sec. 54. REVIEW AND REPORT ON PROFESSIONAL REGULATORY FEE POLICY BY THE SECRETARY OF STATE

In consultation with the secretary of administration or designee, the attorney general or designee, the chair of the Senate Committee on Finance, the chair of the House Committee on Ways and Means, and the Interboard Advisory Committee, the secretary of state shall review and recommend alternative options for professional regulatory fee policy, articulated in section 124 of Title 3, addressing the variability of Vermont markets for regulated professional services, the variability in numbers of practitioners in each profession, and the ability to pay or transfer the cost of the fees onto the consumer as the ultimate beneficiary of the program. The secretary of state shall report the results of the review and any recommendations to the House and Senate Committees on Government Operations, the Senate Committee on Finance and the House Committee on Ways and Means on or before January 1, 2001.

Became Law Without Governor’s Signature