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NO. 148.  AN ACT RELATING TO PROFESSIONS AND OCCUPATIONS.

(H.871)

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

* * * General Provisions * * *

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

(2)  “Licensing board” or “board” refers to the boards, commissions and professions listed in section 122 of this title and, in the case of disciplinary matters or denials of licensure, either an administrative law officer appointed under subsection 129(j) of this title or the director in advisor professions.  Notwithstanding statutory language to the contrary, this subchapter shall apply to all those boards.

Sec. 2.  3 V.S.A. § 127 is amended to read:

§ 127.  UNAUTHORIZED PRACTICE

(a)  When the office receives a complaint of unauthorized practice, the director shall refer the complaint to the appropriate board for investigation.

(b)  A person practicing a regulated profession without authority may, upon the complaint of the attorney general or a state’s attorney or an attorney assigned by the office of professional regulation, be enjoined there from by the superior court where the violation occurred or the Washington County superior court and may be assessed a civil penalty of not more than $1,000.00.  The attorney general or an attorney assigned by the office of professional regulation may elect to bring an action seeking only a civil penalty of not more than $1,000.00 for practicing a regulated profession without authority before the board having regulatory authority over the profession.  Hearings shall be conducted in the same manner as disciplinary hearings.  A civil penalty imposed by a board or administrative law officer under this subsection shall be deposited in the professional regulatory fee fund established in section 124 of this title for the purpose of providing education and training for board members and advisor appointees.  The director shall detail in the annual report receipts and expenses from these civil penalties.

(c)  In addition to other provisions of law, unauthorized practice shall be punishable by a fine of not more than $5,000.00 or imprisonment for not more than one year, or both.  Prosecution may occur upon the complaint of the attorney general or a state’s attorney or an attorney assigned by the office of professional regulation under this section and shall not act as a bar to civil or administrative proceedings involving the same conduct.

(d)  A person practicing a licensed profession without authority shall not institute any proceedings in this state for the enforcement of any right or obligation if at the time of the creation of the right or obligation it the unlicensed person was acting without authority.

(d)(e)  The provisions of this section shall be in addition to any other remedies or penalties for unauthorized practice established by law.


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

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

* * *

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

* * *

(12)  Treat as incomplete any license application submitted with a check subsequently returned for insufficient funds Waive or modify continuing education requirements for persons on active duty in the United States armed forces.

Sec. 4.  3 V.S.A. § 129a(a) is amended to read:

(a)  In addition to any other provision of law, the following conduct by a licensee constitutes unprofessional conduct.  When that conduct is by an applicant or person who later becomes an applicant, it may constitute grounds for denial of a license or other disciplinary action.  Any one of the following items, or any combination of items, whether or not the conduct at issue was committed within or outside the state, shall constitute unprofessional conduct:

* * *

(11)  Failing to report to the office a conviction of any felony or any offense related to the practice of the profession in a Vermont district court, a Vermont superior court, a federal court, or a court outside Vermont within 30 days.

* * *

(13)  Performing treatments or providing services which the licensee is not qualified to perform or which are beyond the scope of the licensee’s education, training, capabilities, experience, or scope of practice.

(14)  Failing to report to the office within 30 days a change of name or address.

Sec. 4a.  13 V.S.A. § 2901 is amended to read:

§ 2901.  PUNISHMENT FOR PERJURY

A person who, being lawfully required to depose the truth in a proceeding in a court of justice or in a contested case before a state agency pursuant to chapter 25 of Title 3, commits perjury shall be imprisoned not more than fifteen 15 years and fined not more than $10,000.00, or both.

Sec. 4b.  13 V.S.A. § 2901a is amended to read:

§ 2901a.  PERJURY BY INCONSISTENT STATEMENTS

A person is also guilty of perjury and may be sentenced under section 2901 of this title if in one or more proceedings before or ancillary to a court or grand jury or in a contested case before a state agency pursuant to chapter 25 of Title 3:

(1)  he or she knowingly makes two or more statements under oath or affirmation which are material in the proceedings;

(2)  the statements are inconsistent to the degree that the person necessarily believed one of them to be false; and

(3)  both statements were made within the period of the statute of limitations.

Sec. 4c.  13 V.S.A. § 2906 is amended to read:

§ 2906.  INFORMATION AND INDICTMENT FOR PERJURY

It shall be sufficient in an information or indictment for perjury or subornation of perjury to set forth the substance of the offense charged, by what court or state agency and by whom the oath was administered, and that such court, state agency, or person had competent authority to administer the same, without setting forth, other than aforesaid, the record or other proceedings, or the commission or authority of such court, state agency, or person before whom the perjury was committed.

Sec. 4d.  13 V.S.A. § 3015 is amended to read:

§ 3015.  OBSTRUCTION OF JUSTICE

Whoever corruptly, or by threats or force, or by any threatening letter or communication, intimidates or impedes any witness, grand or petit juror, or officer in or of any court or agency, in a contested case, of the state of Vermont, or causes bodily injury to such person or intentionally damages the property of such person on account of such person's attendance at, deliberation at, or performance of his or her official duties in connection with a matter already heard, presently being heard or to be heard before any court or agency, in a contested case, of the state of Vermont, or corruptly or by threats or force or by any threatening letter or communication, obstructs or impedes, or endeavors to obstruct or impede the due administration of justice, shall be imprisoned not more than five years or fined not more than $5,000.00, or both.  For the purposes of this section, “agency” and “contested case” shall have the meanings set forth in subsection 801(b) of Title 3.

Sec. 4e.  REPEAL

13 V.S.A. § 2907 (competency of perjurer as witness) is repealed.

Sec. 4f.  12 V.S.A. § 1608 is amended to read as follows:

A person shall not be incompetent as a witness in any court, matter or proceeding by reason of his the person’s conviction of a crime other than perjury, subornation of perjury, or endeavoring to incite or procure another to commit the crime of perjury.  The conviction of a crime involving moral turpitude within fifteen 15 years shall be the only crime admissible in evidence given to affect the credibility of a witness.

* * * Architects * * *

Sec. 5.  26 V.S.A. § 164 is amended to read:

§ 164.  POWERS AND DUTIES OF BOARD GENERALLY

* * *

(b)  The board may:

(1)  conduct hearings; as provided in chapter 5 of Title 3

(2)  administer oaths and issue subpoenas;

(3)  issue orders relating to discovery in the same manner as a judge under the Vermont Rules of Civil Procedure, which may be enforced in the same manner as a subpoena.

(c)  The board shall provide proposed rules to the director of the office of professional regulation for review and comment.  The proposed rules and the director’s comments shall be forwarded to the legislative committee on administrative rules.

(d)  The board immediately shall refer all complaints and disciplinary matters to the attorney general.

(e)  The board shall appoint one or more members to assist the office of the attorney general in the investigation and prosecution of cases.  A member serving in this capacity shall not participate in any way in the deliberations of the board with respect to such case, and may not participate in ex parte communications with other board members on any such matters.

(f)  The board shall lack the power to condition, limit or alter in any way the express terms of this chapter.

* * * Dentists and Dental Hygienists * * *

Sec. 6.  26 V.S.A. § 801 is amended to read:

§ 801.  QUALIFICATIONS FOR LICENSE

Any person who has attained the age of majority, who is of good moral character and who is a graduate of a dental college accredited by the commission on dental accreditation of the American Dental Association, upon the payment of the required application fee and an examination fee, may apply to be examined.  If found qualified, such person shall be licensed to practice dentistry, dental surgery, and medical dentistry, and shall receive a license signed by the members of the board.

Sec. 7.  26 V.S.A. § 810(a) is amended to read:

(a)  Each dentist licensed to practice by the board shall apply biennially for the renewal of a license.  One month prior to the renewal date, the board office of professional regulation shall send to each licensee a license renewal application form and a notice of the date on which existing license will expire.  The licensee shall file the application for license renewal and pay a renewal fee.  The board shall register the applicant and issue the renewal license. Within the month following the date renewal is required, the board secretary-treasurer shall file a list of registrants with the office of professional regulation.  In order to be eligible for renewal, an applicant shall document completion of no fewer than 30 hours of board‑approved continuing professional education which shall include emergency office procedures courses during the two-year licensing period preceding renewal.  This provision shall apply only to renewals after an applicant’s initial two years of practice in Vermont. 

Sec. 8.  26 V.S.A. § 811 is amended to read:

§ 811.  -CERTIFICATE OF REGISTRATION; FORMS

(a)  Upon the filing of the form and payment of fee, the board shall issue to the registrant its certificate of registration which will authorize the registrant to practice in this state until the next succeeding registration date.  The authorized form of registration shall be mailed during the month of April of each year to every registered dentist and dental hygienist, to his last registered address.  The failure of any dentist or dental hygienist to receive such form will not excuse his failure to register as required by this chapter.

(b)  Beginning on May 1, 1977, no certificate of registration shall be issued by the board unless the registrant has completed training in emergency office procedures as prescribed by the board.

Sec. 9.  26 V.S.A. § 851 is amended to read:

§ 851.  EXAMINATION AND CERTIFICATE

A person of good moral character and eighteen 18 years of age or over, who is a graduate of a school of dental hygiene accredited by the council on dental education of the American Dental Association, upon the payment of $25.00 the initial application fee, may be examined by the board in the subjects considered essential by it for a dental hygienist.  If the examination is satisfactory, a certificate shall be given and the individual shall be registered as a dental hygienist.  If the board denies an examination to an applicant, the examination fee shall be returned.

Sec. 10.  26 V.S.A. § 853 is amended to read:

§ 853.  CERTIFICATE WITHOUT EXAMINATION

(a)  In its discretion, the board may issue, without examination, a certificate to a dental hygienist upon payment of a the initial application fee of $25.00 if the applicant presents a certificate from the board of dental examiners or other like board of the state in which the dental hygienist has practiced and if that state maintains a law of requirements equal substantially equivalent to the laws of this state.

(b)  The board may, by rule, establish requirements for licensing hygienists with five years’ experience as a licensee or registrant.

* * * Professional Engineers * * *

Sec. 11.  26 V.S.A. § 1171(b) is amended to read:

(b)  One member of the board shall be a member of the public who has no financial interest in engineering other than as a consumer or possible consumer of its services.  The member shall have no financial interest personally or through a spouse.  Board members shall be appointed by the governor in accordance with sections 129b and 2004 of Title 3.

* * * Funeral Directors * * *

Sec. 12.  26 V.S.A. § 1256(e) is amended to read:

(e)  In addition to the provisions of subsection (a) of this section, an applicant for renewal as a funeral director shall have satisfactorily completed continuing education as required by the board.  For purposes of this subsection, the board shall require, by rule, not less than six nor more than ten hours of approved continuing education as a condition of renewal and may require up to three hours of continuing education for removal personnel in the subject area of universal precautions and infectious diseases.

* * * Nurses * * *

Sec. 13.  26 V.S.A. § 1584 is amended to read:

§ 1584.  VIOLATIONS OF CHAPTER; PENALTIES PROHIBITIONS;

              OFFENSES

(a)  It shall be a violation of this chapter for any person, including any corporation, association or individual, to:

* * *

(7)  Employ unlicensed persons to practice registered or practical nursing;

(8)  Otherwise violate this chapter.

(b)  Violations of this chapter section shall be punishable by a fine of not more than $1,000.00 or imprisonment for not more than six months, or both.

* * *

* * * Optometrists * * *

Sec. 14.  26 V.S.A. § 1712 is amended to read:

§ 1712.  LICENSE REQUIRED

(a)  No person may practice optometry in this state who is not licensed under this chapter.

* * *

(f)  Nothing contained in subsection (a) of this section shall prevent a student from providing optometric services:

(1)  under the on‑site supervision of a licensed optometrist or ophthalmologist at a state hospital; or

(2)  as part of an optometric clinical program under the on-site supervision of a licensed optometry instructor of a school of optometry, a college, or an optometry department of a university recognized by the board; or

(3)  as a student intern in a hospital under the on-site supervision of a

licensed optometrist or ophthalmologist.

Sec. 15.  26 V.S.A. § 1724a is added to read:

§ 1724a.  FORMULARY; DIRECTOR OF THE OFFICE OF

                PROFESSIONAL REGULATION

At least annually, the director, with the advice of the board of optometry and in consultation with the commissioner of health, shall review and update the formulary of prescription medicines optometrists may use in a manner consistent with the optometry scope of practice and training.  The director shall establish written protocols designed to ensure both meaningful and timely consultation with the board and the commissioner of health and other experts whose input the director finds useful.

Sec. 16.  26 V.S.A. § 1728c is amended to read:

§ 1728c.  USE OF ORAL THERAPEUTIC PHARMACEUTICAL AGENT;

                COMMUNICATION WITH PRIMARY CARE PROVIDER

A licensee who employs an oral therapeutic pharmaceutical agent, as identified by the formulary committee established in section 1724 1724a of this title, which might prove to have significant systemic adverse reactions or systemic side effects shall, in a manner consistent with Vermont law, ascertain the risk of systemic side effects through either a case history or by communicating with the patient’s primary care provider.  The licensee shall also communicate with the patient’s primary care provider, or with a physician skilled in diseases of the eye, when in the professional judgment of the licensee, it is medically appropriate.  The communication shall be noted in the patient’s permanent record.  The methodology of communication shall be determined by the licensee.

* * * Pharmacists * * *

Sec. 17.  26 V.S.A. § 2032 is amended to read:

§ 2032.  POWERS, DUTIES, LIMITATIONS

* * *

(f)  The board may develop procedures to permit it to oversee, at no more than three locations and for no more than two years each in duration, pilot experiments for remote pharmacies.  On December 1 of each year, the board shall report to the house and senate committees on government operations its findings with regard to pilot experiments initiated in the previous calendar year. 

(g)  It shall be lawful for a drug outlet licensed under this chapter to sell and distribute nonprescription drugs.  Drug outlets engaging in the sale and distribution of such items shall not be deemed to be improperly engaged in the practice of pharmacy.  No rule or regulation will be adopted by the board under this chapter which shall require the sale of nonprescription drugs by a licensed pharmacist or under the supervision of a licensed pharmacist or otherwise apply to or interfere with the sale and distribution of such medicines.

Sec. 18.  26 V.S.A. § 2044 is amended to read:

§ 2044.  RENEWAL OF LICENSES

Each pharmacist and pharmacy technician shall apply for renewal of his license biennially by a date established by the director of the office of professional regulation.  The board shall renew the license or registration of each pharmacist and pharmacy technician who is qualified to engage in the practice of pharmacy.

* * * Physical Therapists * * *

Sec. 19.  26 V.S.A. § 2082(a) is amended to read:

(a)  No person shall:

* * *

(3)  practice or attempt to practice physical therapy during license revocation or suspension; or

(4)  violate any of the provisions of this chapter.

* * * Real Estate Brokers and Salespersons * * *

Sec. 20.  26 V.S.A. § 2293(e) is added to read:

(e)  Notwithstanding subsection (c) of this section, a person who held a valid license in good standing under this chapter may apply for reinstatement of a license pursuant to subsections (a) and (b) of this section after successfully completing either the course of instruction or the examination required under this chapter.

* * * Veterinarians * * *

Sec. 21.  26 V.S.A. § 2421(a) is amended to read:

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

* * * Land Surveyors * * *

Sec. 22.  26 V.S.A. § 2544 is amended to read:

§ 2544.  POWERS AND DUTIES OF THE BOARD

* * *

(b)  The board may: conduct disciplinary proceedings as provided for in chapter 5 of Title 3

(1)  conduct hearings;

(2)  administer oaths and issue subpoenas;

(3)  issue orders relating to discovery in the same manner as a judge under the Vermont Rules of Civil Procedure, which may be enforced in the same manner as a subpoena.

(c)  The board shall provide proposed rules to the director of the office of professional regulation for review and comment.  The proposed rules and director’s comments shall be forwarded to the administrative rules committee.

(d)  The board immediately shall refer all complaints and disciplinary matters to the attorney general.

(e)  The board shall appoint one or more members to assist the office of the attorney general in the investigation and prosecution of cases.  A member serving in this capacity shall not participate in any way in the deliberations of the board with respect to such case, and may not participate in ex parte communications with other board members on any such matters.

(f)  The board shall lack the power to condition, limit or alter in any way the express terms of this chapter.

Sec. 23.  26 V.S.A. § 2599(a) is amended to read:

(a)  The director of the office of professional regulation and the board shall accept signed, written complaints from any member of the public, any licensee, or any state or federal agency, and shall refer them to the prosecuting attorney general, who shall decide whether or not to commence prosecution.  The attorney general office of professional regulation may initiate disciplinary action in any complaint against a licensee and may act without having received a complaint.  In any action commenced under this chapter, the respondent and the attorney general shall be parties.

* * * Opticians * * *

Sec. 24.  26 V.S.A. § 2651 is amended to read:

§ 2651.  DEFINITIONS

As used in this chapter:

(1)  “Board” means the opticians’ licensing board created under this chapter.

(2)  “Director” means the director of the board of opticians created under this chapter office of professional regulation.

(3)(2)  “Optician” is a person who is qualified and licensed under this chapter to interpret and fill prescriptions of ophthalmologists or optometrists for ophthalmic lenses or repair and reproduce previously prepared ophthalmic lenses and frames, prepare and deliver work orders to technicians engaged in grinding lenses and fabricate eyewear, verify the accuracy of ophthalmic lenses, and adjust and disperse lenses, specially fabricated optical devices, frames, and appurtenances.

(4)(3)  “Optometrist” means a person licensed under chapter 30 of Title 26.

(5)(4)  “Ophthalmologist” means a licensed physician who has had special training in the field of ophthalmology.

(6)(5)  “Registered optician trainee” means a person registered as an optician trainee under this chapter.

Sec. 25.  26 V.S.A. § 2661 is amended to read:

§ 2661.  CREATION OF BOARD; TERM OF OFFICE DIRECTOR; DUTIES

A board of examiners of opticians is created consisting of five members. Board members shall be appointed by the governor pursuant to sections 129b and 2004 of Title 3.  The board shall be composed of four licensed practicing opticians and one consumer who shall not be or have been employed in the health care field, all of whom shall be residents of this state.

(a)  The director shall:

(1)  provide general information to applicants for licensure as opticians;

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

(3)  administer fees established by law;

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

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

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

Sec. 26.  26 V.S.A. § 2662 is amended to read:

§ 2662.  QUALIFICATIONS OF MEMBERS ADVISOR APPOINTEES

Members of the board shall have attained the age of majority and shall be residents of this state.  Members who are opticians shall have been actively practicing as opticians in this state for not less than three years.

(a)  The secretary of state shall appoint two licensed opticians as set forth in section 129b of Title 3.  One of the initial appointments may be for less than a five-year term.  Appointees shall have not less than three years’ experience as an optician immediately preceding appointment and shall be actively engaged in optician practice in Vermont during incumbency.

(b)  The director shall seek the advice of the optician advisors in carrying out the provisions of this chapter.  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.

Sec. 27.  26 V.S.A. § 2665 is amended to read:

§ 2665.  POWERS AND DUTIES OF BOARD THE DIRECTOR

(a)  The board director shall:

* * *

(b)  The board director shall not:

* * *

Sec. 28.  26 V.S.A. § 2672 is amended to read:

§ 2672.  QUALIFICATIONS

No person may be examined or licensed under this chapter, except as otherwise provided in this chapter, unless the applicant has attained the age of majority and possesses the following qualifications:

(1)  Has obtained a high school education or its equivalent and has completed at least a two-year course of study in a school of ophthalmic dispensing approved by the board or a school which is a candidate for accreditation by an accreditation agency approved by the United States Department of Education and by the director; or

(2)  Has completed three years of practical training and experience, approved by the board director, under the supervision of a licensed optician, ophthalmologist, or optometrist.

Sec. 29.  26 V.S.A. § 2673 is amended to read:

§ 2673.  EXAMINATION; LICENSES

(a)  Examinations for licenses shall be conducted by the board at least once each year and shall be devised in form and substance to evaluate fairly the applicant’s qualifications to practice as a licensed optician.  The examination shall include, but not be limited to, ophthalmic materials, laboratory, practical and physiological optics, prescription interpretation, dispensing preparation, adjustment of lenses, spectacles, eyeglasses, prisms, tinted lenses, and appurtenances, the use of lensometers or equivalent instruments, adjusting instruments, and pupillary and facial measurements.

(b)  Any applicant passing the examination and meeting the requirements established by the board director shall be issued a license under this chapter.

Sec. 30.  26 V.S.A. § 2674 is amended to read:

§ 2674.  OPTICIAN TRAINEE; REGISTRATION

(a)  Any person entering into employment for the purpose of obtaining practical experience and skill as a licensed optician shall register as an optician trainee with the board office within 60 days of entering the employment.  The computation of any period of training shall commence at the date of the registration.

(b)  The application for registration shall be certified by the employer and by the applicant and accompanied by an application fee.  The board office may issue to the applicant an optician trainee’s certificate.  Every registered optician trainee who continues to act as an optician trainee shall, biennially, renew his or her optician trainee’s certificate of registration by paying a renewal fee.

* * *

Sec. 31.  26 V.S.A. § 2676 is amended to read:

§ 2676.  LICENSE; RENEWAL; REINSTATEMENT

(a)  A license issued under this chapter shall be valid for a period of two years.  A person may renew the license biennially by payment of the renewal fee to the board office.

* * *

(c)  A license which has expired because a licensee has not sought renewal may be reinstated on payment of a renewal fee and a late renewal penalty.  The licensee shall not be required to pay renewal fees during periods when the license was expired.  However, if a license remains expired for a period of four years, the director may require reexamination of the licensee, as well as payment of a renewal fee, late renewal penalty, and reinstatement fee.

* * *

Sec. 32.  26 V.S.A. § 2677 is amended to read:

§ 2677.  REVOCATION; SUSPENSION AND REFUSING OF RENEWAL

              OF LICENSE

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

* * *

(4)  Violates, induces others to violate, or cooperates with others in violating any of the rules and regulations of the board profession; or

* * *

* * * Private Investigators and Security Guards * * *

Sec. 33.  26 V.S.A. § 3176(f) is added to read:

(f)  A licensed agency or other entity conducting a training program approved by the board pursuant to this section shall maintain training records for not less than five years.  The retained records shall include, at a minimum, records of the courses taught, subjects covered, and persons who have received instruction.  Training records shall be made available to the office of professional regulation upon request.

Sec. 34.  26 V.S.A. § 3176c is added to read:

§ 3176c.  Temporary emergency registration

(a)  If the board determines that the public health, safety, or welfare so requires, it may grant to an applicant a temporary registration to practice as a security guard.  To qualify under this section, an applicant shall have a license in good standing to practice as a security guard in another jurisdiction within the United States that regulates the practice.  The person seeking the temporary registration shall document to the board’s satisfaction that the applicant will otherwise meet all state and federal requirements necessary to perform the specific security duties arising out of the emergency circumstances warranting temporary licensure.

(b)  The board may restrict or condition a temporary registration issued under this section, as it deems appropriate in light of the specific emergency, to a particular facility, industry, geographic area, or scope of duty.

(c)  Duration of practice under a temporary registration shall be determined by the board but shall not exceed 60 days unless the person granted a temporary registration has submitted an application for full registration under this chapter, prior to the expiration of the term of the temporary registration, and the board finds the emergency to be ongoing.

* * * Clinical Social Workers * * *

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

§ 3205.  ELIGIBILITY

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

* * *

(3)  had two years of post-master’s experience in the practice of clinical social work or the equivalent in part-time experience under the supervision of a licensed physician or a licensed osteopathic physician who has completed a residency in psychiatry, a licensed psychologist, a licensed clinical mental health counselor, a person licensed or certified under this chapter or a person licensed or certified in another state or Canada in one of these professions or their substantial equivalent;

(4)  submitted the names and addresses of three persons who can attest to the applicant’s professional competence.  Such person shall be a licensed physician or a licensed osteopathic physician who has completed a residency in psychiatry, a licensed psychologist, a licensed clinical mental health counselor, a person licensed or certified under this chapter, or a person licensed in another state or Canada in one of these professions; and

(5)  passed an examination to the satisfaction of the director of the office of professional regulation.

* * * Clinical Mental Health Counselors * * *

Sec. 36.  26 V.S.A. § 3265(2) is amended to read:

(2)  Shall have documented a minimum of 3,000 hours of supervised work in clinical mental health counseling over a minimum of two years of post-master’s experience.  Persons engaged in supervised work shall be entered on the roster of nonlicensed, noncertified psychotherapists and shall comply with the laws of that profession, and shall have documented a minimum of 100 hours of face-to-face supervision over a minimum of two years post-master’s experience.  Clinical work shall be performed under the supervision of a licensed physician certified in psychiatry by the American Board of Medical Specialties, a licensed psychiatric nurse practitioner, a licensed psychologist, a licensed clinical social worker, a licensed marriage and family therapist, a licensed clinical mental health counselor, or a person certified or licensed in another jurisdiction in one of these professions or in a profession which is their the substantial equivalent, or a supervisor trained by a regional or national organization which has been approved by the board; and

* * * Real Estate Appraisers * * *

Sec. 37.  26 V.S.A. § 3319a is amended to read:

§ 3319a.  APPRAISER TRAINEE REGISTRATION

(a)  A person who has completed a course of instruction as defined pursuant to rule adopted under subdivision 3315(b)(1) of this title may work as a state licensed, certified residential, or certified general appraiser trainee provided the person is registered with the board.  An appraiser trainee shall work under the direct supervision of an appraiser who holds a full either a certified residential or a certified general license in good standing in the same or higher level as the work being supervised and who and has held a the certified residential or certified general license for at least two years.  An appraiser trainee may perform activities within the scope of practice of the license sought provided that the supervising appraiser reviews and signs all resulting appraisals.  The supervising appraiser shall be professionally responsible for such activities performed by the trainee.  For the purposes of this section, “good standing” means that the appraiser supervisor holds a current, unrestricted license.  An appraiser who holds a restricted license may petition the board for permission to be a supervising appraiser, which may be granted by the board for good cause shown.

(b)  To be credited toward the hourly experience requirement for licensure, the trainee shall inspect each property appraised with the trainee’s supervisor.

(c)  Notwithstanding subsection (b) of this section, the board may, in its discretion, give credit for training hours, not exceeding 10 percent of the total hourly experience requirement, for hours worked or training given that does not include or is unrelated to a site inspection.

* * * Acupuncturists * * *

Sec. 38.  26 V.S.A. § 3402(d) and (e) are added to read:

(d)  Nothing in subsection (a) of this section shall prevent a student from performing acupuncture under the supervision of a competent licensed acupuncturist instructor:

(1)  within a school or a college or an acupuncture department of a college or university which is licensed by the Vermont state department of education or certified by the Accreditation Commission for Acupuncture and Oriental Medicine; or

(2)  as a student in a director‑approved apprenticeship; or

(3)  as an intern in any hospital.

(e)  Nothing in subsection (a) of this section shall prevent a person who is licensed or certified as an acupuncturist in another state or Canadian province from practicing acupuncture for no more than five days in a calendar year as part of a health care professional educational seminar or program in Vermont, if the educational seminar or program is directly supervised by a Vermont‑licensed health care professional whose scope of practice includes acupuncture.

Sec. 39.  26 V.S.A. § 3404(a) is amended to read:

(a)  The secretary of state shall appoint two licensed acupuncturists for three-year terms to serve as advisors in matters relating to acupuncture as set forth in section 129b of Title 3.  One of the initial appointments may be for less than a three-year term.  Appointees shall have at least three years’ experience as an acupuncturist immediately preceding appointment and shall be actively engaged in the practice of acupuncture in Vermont during incumbency.

Sec. 40.  26 V.S.A. § 3405 is amended to read:

§ 3405.  ELIGIBILITY FOR LICENSURE

To be eligible for licensure as an acupuncturist, an applicant shall be of good moral character, shall be at least 18 years of age, and shall furnish satisfactory proof that he or she has:

(1)  completed a program in acupuncture and Oriental medicine and has received a license degree or diploma from an institute approved by the director educational institution in candidacy or accredited by the Accreditation Commission for Acupuncture and Oriental Medicine or an equivalent or successor accrediting organization approved by the United States Department of Education and the director.  The training received in the program shall be for a period of not less than three academic years, and shall include a minimum of 800 hours of supervised clinical practice; or

(2)  completed a training program with a preceptor approved by the director which shall include earning a minimum of 40 points earned in any one of the following categories or combination of categories:

* * *

(C)  completed academic work in an accredited acupuncture program as described in subdivision (1) of this section —five points for each six-month period of completed academic study in the field of acupuncture and Oriental medicine, up to a maximum of four periods or 20 points; and

(D)  preceptors shall be licensed and in good standing and meet the standards of the National Certification Commission for Acupuncture and Oriental Medicine in order to be approved, with no preceptor having more than two apprentices at any one time; and

(3)  passed the examination described in section 3406 of this title.

Sec. 41.  26 V.S.A. § 3406(a) is amended to read:

§ 3406.  EXAMINATION

(a)  The director shall examine applicants for licensure and may use a standardized national examination.  The examination shall include the following subjects:

(1)  Anatomy and physiology.

(2)  Traditional Oriental pathology.

(3)  Traditional Oriental diagnosis.

(4)  Hygiene, sanitation, and sterilization techniques.

(5)  The principles, practices, and techniques of acupuncture and Oriental medicine.

(6)  Clean needle techniques.

(7)  Chinese herbology for those licensed after January 1, 2007 who intend to employ nonprescription remedies and herbal therapies.

* * * Marriage and Family Therapists * * *

Sec. 42.  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 licensed marriage and family therapist or licensed clinical social worker in this state or a marriage and family therapist or licensed clinical social worker in another state who would meet the license requirements.  The board may, when a qualified marriage and family therapist is not reasonably available, permit a person licensed as a clinical mental health counselor, clinical social worker, psychologist, or licensed physician certified in psychiatry by the American Board of Medical Specialties, to serve as a supervisor.  Persons engaged in the work experience shall be entered on the roster of psychotherapists who are nonlicensed and noncertified and shall comply with the laws of that profession.  The board shall adopt rules establishing standards and procedures for satisfying the requirements of this subdivision.

* * * Tattooists and Body Piercers * * *

Sec. 43.  26 V.S.A. § 4105(c)(2) is amended to read:

(2)  All shops shall have a designated registrant designate a person, who is licensed pursuant to this chapter in the practice of tattooing or body piercing, who shall be responsible for overall cleanliness and sanitation of the shop.

Sec. 44.  26 V.S.A. § 4106(c) is added to read:

(c)  As a condition of renewal, a registrant shall submit to the director proof of at least three hours of continuing education in the area of universal precautions and infectious diseases.

* * * Naturopathic Physicians * * *

Sec. 45.  26 V.S.A. § 4121 is amended to read:

§ 4121.  DEFINITIONS

As used in this chapter:

* * *

(10)  “Prescription medicine” means any human drug, including finished dosage forms and active ingredients subject to Section 503(b) of the federal Food, Drug and Cosmetic Act, required by federal law or regulation to be dispensed only by prescription.

(11)  “Topical medicines” mean topical analgesics, anesthetics, antiseptics, scabicides, antifungals, antibacterials, and cryo-agents.

Sec. 46.  26 V.S.A. § 4122(b)(1) is amended to read:

(1)  Prescribe, dispense, or administer any controlled substances prescription medicines except those medicines authorized by this chapter.

Sec. 47.  26 V.S.A. § 4123(a)(4) is added to read:

(4)  The use or administration of over-the-counter medicines or other nonprescription agents, regardless of whether the over-the-counter medicine or agent is on the naturopathic formulary.

Sec. 48.  26 V.S.A. § 4125 is amended to read:

§ 4125.  DIRECTOR; DUTIES

* * *

(b)  The director, with the advice of the advisor appointees, may adopt rules necessary to perform the director’s duties under this section, including.  Rules regulating the role of naturopathic physicians may include rules relating to a special license endorsement to practice naturopathic childbirth and rules relating to a special license endorsement authorizing naturopathic physicians to prescribe, dispense, or administer prescription medications pursuant to this chapter.  Such rules shall As adopted under this chapter:

(1)  Rules for naturopathic childbirth endorsement shall specifically address and define scope and practice standards, including what constitutes uncomplicated childbirth, risk-assessment criteria, informed consent, education requirements, peer review, and maintaining practice data and records, and shall require every licensed naturopathic physician practicing naturopathic childbirth to develop a written plan for consultation, emergency transfer, and transport;

(2)  Rules for naturopathic prescription medicine endorsement shall specifically address and define scope and practice standards, including education requirements and maintaining practice data and records, and shall require every licensed naturopathic physician seeking a prescription medicine license endorsement to pass a test provided by the director and administered in consultation with the Vermont department of health.

(c)  At least annually, the commissioner of health director, with the advice of the advisor appointees, shall review and be responsible for periodically updating update the formulary of prescription drugs that may be used by medicines naturopathic physicians may use in a manner that is consistent with their scope of practice and that includes a formulary for drug use by licensed naturopathic physicians practicing naturopathic childbirth training, subject to the approval of the commissioner of health.  If a nonnatural substance is Nonnatural substances found to be substantially safer in treatment or without which a patient’s primary care would be compromised, as in emergency medicine, then nonnatural substances may be added to the formulary.  The formulary shall include prescription medicines necessary for naturopathic practice and naturopathic childbirth.

* * * Electrologists * * *

Sec. 49.  26 V.S.A. § 4402(5) is amended to read:

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

* * * Respiratory Care Practitioners * * *

Sec. 50.  26 V.S.A. § 4702(c) is amended to read:

(c)  A person who violates this section may receive an administrative penalty of not more than $1,000.00 for each occurrence.  No person shall practice or attempt to practice respiratory care while his or her license has been revoked or suspended.

* * * Motor Vehicle Racing * * *

Sec. 51.  26 V.S.A. § 4805 is amended to read:

§ 4805.  CONTENTS AND CONDITIONS OF PERMITS

A separate permit shall be required for each location of a race.  Each application shall be submitted in writing on a form furnished by the director, accompanied by payment of a fee required by this chapter, prior to a race or scramble.  The application shall include: the name and address of the permittee; a description of the location where the race is to be held; the days and hours on which the race is to be held; details of the way in which the safety standards set out in section 4811 of this title and in rule are to be implemented; the number of spectators anticipated; the service and accommodations to be provided by the permittee during the race; and other information as may be required by the director.  A permittee shall only be authorized to hold the type of race for which the permittee’s specific tracks and locations have been inspected and approved.

* * * Alcohol and Drug Abuse Counselors * * *

Sec. 52.  33 V.S.A. § 810 is amended to read:

§ 810.  UNPROFESSIONAL CONDUCT

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

* * *

* * * Miscellaneous * * *

Sec. 53.  SUNSET

26 V.S.A. § 2293(e) (six‑month window for former real estate brokers and salespersons to be relicensed) is repealed on January 1, 2007.

Sec. 54.  REPEAL

3 V.S.A. § 3002(b)(20) (board of radiological technology); and 26 V.S.A. §§ 211 (discipline of architect licensees); 1845 (office of professional regulation report on osteopaths); 2663 (meetings and officers of the board of opticians); and 2681 (fees for opticians) are repealed.

Approved:  May 15, 2006



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us