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H.199

Introduced by Committee on Government Operations

Date:

Subject:  Professions and occupations

Statement of purpose:  This bill proposes to make adjustments to general provisions relating to the regulation of all professions and occupations regulated by the office of professional regulation or by boards attached to that office and makes specific adjustments to the systems for regulating the following professions:  nursing home administrators, architects, barbers, cosmetologists, estheticians, nail technicians, chiropractors, dentists, professional engineers, funeral directors, optometrists, pharmacists, physical therapists, real estate brokers and salespeople, veterinarians, land surveyors, opticians, radiologic technologists, psychologists, private investigators and security guards, clinical social workers, clinical mental health counselors, real estate appraisers, marriage and family therapists, psychotherapists, tattooists and body piercers, electrologists, auctioneers, and respiratory care practitioners.  This bill also proposes to authorize statutorily the office of professional regulation to regulate motor vehicle racing as an advisor profession.

AN ACT RELATING TO REGULATION OF PROFESSIONS AND OCCUPATIONS

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

* * * General Provisions * * *

Sec. 1.  3 V.S.A. § 123 is amended to read:

§ 123.  DUTIES OF OFFICE

(a)  Upon request, the office shall provide administrative, secretarial, financial, investigatory, inspection, and legal services to the boards.  The administrative services provided by the office shall include:

(1)  Sending, receiving, and processing applications for licenses.

(2)  Issuing, recording, renewing, and reinstating all licenses as ordered by the boards, an appellate officer the director, an administrative law officer, or a court.

(3)  Revoking or suspending licenses as ordered by the boards, the director, an administrative law officer, or a court.

* * *

(e)  The secretary of state shall contract with and appoint one or more attorneys licensed to practice in this state to serve as administrative law officers under subsection 129(j) of this title or appellate officers under section 130a of this title.

* * *

Sec. 2.  3 V.S.A. § 125 is amended to read:

§ 125.  FEES

(a)  In addition to the fees otherwise authorized by law, a board may charge the following fees:

(1)  Late renewal penalty $25.00 for a renewal submitted less than 30 days late.  Thereafter, a board may increase the late renewal penalty by $5.00 for every additional month or fraction of a month, provided that the total penalty for a late renewal shall not exceed $100.00.  This penalty shall not preclude disciplinary action for practicing without a valid license.

* * *

(b)  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:

* * *

(3)  Biennial renewal, $175.00, except:

(A)  Biennial renewal for clinical social workers, $125.00;

(B)  Biennial renewal for occupational therapists and assistants, $125.00;

(C)  Biennial renewal for physical therapists and assistants, $100.00.

* * *

Sec. 3.  3 V.S.A. § 127(b) is amended to read:

(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 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.  Such hearings will 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.  The director shall detail in the annual report receipts and expenses from these civil penalties.

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

§ 129.  POWERS OF BOARDS; DISCIPLINE PROCESS

(a)(1)  In addition to any other provisions of law, a board may exercise the following powers:

(2)(1)  Adopt procedural rules governing the investigatory and disciplinary process.

(3)(2)  Issue subpoenas and administer oaths in connection with any authorized hearing, investigation or disciplinary proceeding.  Subpoenas may be issued ex parte by the chair of the board, the director, or any attorney representing a party.  Depositions may be taken after charges upon due notice to all parties without specific authorization by the board.

(4)(3)  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.  In a case involving noncompliance with a statute or rule relating to administrative duties not related to patient, client, or customer care, a board or hearing officer may determine that ordering a monetary civil penalty does not constitute a finding of unprofessional conduct.

(5)(4)  Reinstate or deny reinstatement of a license which has been revoked, suspended, limited or conditioned.

(6)(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 which would constitute unprofessional conduct in this state, or has surrendered a license while under investigation for unprofessional conduct.

(7)(6)  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.

(8)(7)  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.

(9)(8)  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.

(10)(9)  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)(10)  Issue temporary licenses to health care providers and veterinarians during a declared state of emergency. The health care provider or veterinarian 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, as long as the licensee remains in good standing. Fees shall be waived when a license is required to provide services under this subdivision.

(12)(11)  Treat as incomplete any license application submitted with a check subsequently returned for insufficient funds.

* * *

(e)  When a board or the director, in the case of professions which have advisor appointees, the director intends to deny an application for a license, the board or director shall send the applicant written notice of the decision by certified mail.  The notice shall include a statement of the reasons for the action and shall advise the applicant that the applicant may file a petition with the board or the director for review of its preliminary decision within 30 days of the date on which the notice is mailed.  At the hearing, the applicant shall bear the burden of proving that the preliminary denial should be reversed and that the license should be granted.  After the hearing, the board or director shall affirm or reverse the preliminary denial, explaining the reasons therefor in writing.

* * *

(i)  A board may consult with the attorney general or an attorney assigned by the office of professional regulation for the proper conduct of its affairs.

* * *

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

* * *

Sec. 5.  3 V.S.A. § 129a is amended to read:

§ 129a.  UNPROFESSIONAL CONDUCT

(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, or a court outside Vermont other than a conviction for a municipal parking violation within 30 days.

(12)  In the course of practice, gross failure to use and exercise on a particular occasion or the failure to use and exercise on repeated occasions that degree of care, skill, and proficiency which is commonly exercised by the ordinary skillful, careful, and prudent professional engaged in similar practice under the same or similar conditions, whether or not actual injury to a client, patient or customer has occurred.

(13)  Exercising undue influence on or taking improper advantage of a person using professional services, or promoting the sale of services or goods in a manner which exploits a person for the financial gain of the practitioner or a third party.

(b)  Failure to practice competently by reason of any cause on a single occasion or on multiple occasions may constitute unprofessional conduct, whether actual injury to a client, patient, or customer has occurred.  Failure to practice competently includes:

(1)  performance of unsafe or unacceptable patient or client care; or

(2)  failure to conform to the essential standards of acceptable and prevailing practice.

* * *

(d)  After hearing, and upon a finding of unprofessional conduct, a board or an administrative law officer may take disciplinary action against a licensee or applicant, including imposing an administrative penalty not to exceed $1,000.00 for each unprofessional conduct violation.  Any money received from the imposition of an administrative penalty imposed under this section subsection shall be deposited in the general fund, and upon request may be appropriated to 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 regulation of professions and occupations which have advisor appointees.

* * *

Sec. 6.  3 V.S.A. § 129b is amended to read:

§ 129b.  BOARD MEMBER AND ADVISOR APPOINTMENTS

* * *

(g)  For advisor professions, advisors shall be appointed by the secretary of state.  Advisor appointments shall be subject to the same conditions as those for board members under this section.

Sec. 7.  3 V.S.A. § 130a is amended to read:

§ 130a.  APPEALS FROM BOARD DECISIONS

(a)  A party aggrieved by a final decision of a board or administrative law officer may, within 30 days of the decision, appeal that decision to the superior court of Washington County by filing a notice of appeal with the director who shall assign the case to an appellate officer.  The review shall be conducted on the basis of the record created before the board or administrative law officer.  In cases of alleged irregularities in procedure before the board, not shown in the record, proof on that issue may be taken by the appellate officer court.

(b)  The appellate officer reviewing court shall not substitute his or her its judgment for that of the board or administrative law officer as to the weight of the evidence on questions of fact.  The appellate officer court may affirm or reverse the decision, or may reverse and remand the matter with recommendations if substantial rights of the appellant have been prejudiced because the board’s finding or administrative law officer’s findings, inferences, conclusions, or decisions are:

(1)  in violation of constitutional or statutory provisions;

(2)  in excess of the statutory authority of the board;

(3)  made upon unlawful procedure;

(4)  affected by other error of law;

(5)  clearly erroneous in view of the evidence on the record as a whole;

(6)  arbitrary or capricious; or

(7)  characterized by abuse of discretion or clearly unwarranted exercise of discretion.

(c)  A party aggrieved by a decision of the appellate officer court may appeal to the superior court in Washington county which shall review the matter on the basis of the records created before the board and the appellate officer Vermont supreme court.

Sec. 8.  3 V.S.A. § 132 is added to read:

§ 132.  BOARD QUORUMS

Except as otherwise provided by law, a majority of the members of a board constitutes a quorum for transacting business, and all action shall be taken upon a majority vote of board members present and voting.

* * * Nursing Home Administrators * * *

Sec. 9.  18 V.S.A. § 2051(4) is added to read:

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

Sec. 10.  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 six 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 physician who has had significant experience in the care of the chronically ill and infirmed infirm;

(3)  one private citizen of the state public member who represents the interests of residents of nursing homes and who shall be a person who has no financial interest personally or through a spouse, parent, child, brother, or sister in the activities regulated under this chapter, other than as a consumer or potential consumer of nursing home services; and

(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 pursuant to sections 129b and 2004 of Title 3.

Sec. 11.  3 V.S.A. § 2053 is amended to read:

§ 2053.  DUTIES AND POWERS OF THE BOARD

In accordance with chapter 25 of Title 3, the board shall:

(1)  develop, impose, and enforce standards which must be met by individuals in order to receive a license as a nursing home administrator, which standards shall be designed to insure that nursing home administrators are persons of good character, and are by training or experience in the field of institutional administration, qualified to serve as nursing home administrators;

(2)  develop and apply appropriate techniques, including examinations and investigations, to determine whether an individual meets the standards;

(3)  issue licenses to individuals who meet the standards, and revoke or suspend licenses previously issued by the board in any case where the individual holding a license is determined to have failed to conform to the requirements of the standards;

(4)  establish and carry out procedures designed to insure that individuals licensed as nursing home administrators comply with the requirements of the standards;

(5)  receive, investigate, and take appropriate action with respect to, any charge or complaint filed with the board to the effect that any individual licensed as a nursing home administrator has failed to comply with the requirements of the standards; and

(6)  conduct a continuing study and investigation of nursing homes and administrators of nursing homes within the state with a view to the improvement of the standards imposed for the licensing of administrators and of procedures and methods for the enforcement of the standards with respect to administrators of nursing homes who have been licensed;

(7)  register all persons licensed under this chapter who are actively practicing nursing home administration in this state;

(8)  enforce the provisions of this chapter and assist in the prosecution of all violations of this chapter;

(9)  conduct, or cause to be conducted, one or more courses of instruction and training sufficient to meet the requirements of this chapter, and make provisions for the conduct of such courses and their accessibility to residents of this state, unless it finds that there are a sufficient number of courses conducted by others within this state to meet the needs of the state. In lieu thereof, the board may approve courses conducted within or without this state meeting the education and training requirements of this chapter.

(a)  In addition to the authority set forth in chapter 5 of this title, the board shall:

(1)  adopt rules necessary to perform its duties under this chapter;

(2)  set requirements for licensure;

(3)  provide general information to applicants;

(4)  explain complaint and appeal procedures to licensees, applicants, and the public;

(5)  use the administrative and legal services provided by the office of professional regulation; and

(6)  investigate suspected unprofessional conduct.

(b)  The board may:

(1)  adopt rules concerning continuing education requirements;

(2)  conduct hearings; and

(3)  adopt rules of professional conduct.

Sec. 12.  18 V.S.A. § 2055 is amended to read:

§ 2055.  GENERAL REQUIREMENTS FOR LICENSURE

A person may not practice nursing home administration in this state unless:

(1)  he the applicant has made written application for license to the board of examiners for nursing home administrators, accompanied by satisfactory proof that he or she is at least eighteen 18 years of age, is of good moral character and is not in violation of the board’s rules or Vermont law;

(2)  in the judgment of the board, he the applicant has

(A)  satisfactorily completed a course of instruction or training approved and met the requirements adopted by rule by the board, which is designed and administered to present sufficient knowledge of:

(i)  the needs to be served by nursing homes;

(ii)  the laws governing the operation of nursing homes and the protection of the interests, safety and well-being of the patients; and

(iii)  the elements of proper and effective nursing home administration; or

(B)  has presented evidence, deemed satisfactory by the board, of sufficient education, training or experience in the field of institutional administration which in the judgment of the board qualifies him to serve as a nursing home administrator and; or

(3)  the applicant has passed an examination administered by the board or its designee which is designed to test for proficiency and competence and an examination covering Vermont statutes and rules relating to nursing home administration.

(4)  Nothing in this chapter or the rules and regulations thereunder shall be construed to require an applicant for a license as a nursing home administrator, who is certified by a recognized church or religious denomination for the care and treatment of the sick in accordance with its teachings, to demonstrate proficiency in any medical techniques or to meet any medical educational qualifications or medical standards not in accord with the remedial care and treatment provided in such institutions.

Sec. 13.  18 V.S.A. § 2059 is amended to read:

§ 2059.  RECIPROCITY

The board may issue a nursing home administrator’s license, without examination for proficiency and competence, to any person who holds a current license as a nursing home administrator from another jurisdiction, provided that the board finds that the standards for licensing in the other jurisdiction are at least the equivalent of substantially equivalent to those in this state, that under the laws or regulations of the other jurisdiction a similar exemption is granted to nursing home administrators licensed under the laws of this state, and that the applicant is otherwise qualified.

Sec. 14.  18 V.S.A. § 2061 is amended to read:

§ 2061.  PROVISIONAL LICENSE

In the event of the inability of the regular licensed administrator of a nursing home to perform his or her duties or through death or other causes a nursing home is without a licensed administrator, a provisional administrator may, in the discretion of the board and in consultation with the board of health, be issued a provisional license to administer that home for a period not to exceed 90 days from the date on which the regular licensed administrator first ceased to perform his or her duties.  The board shall not renew such a provisional license, nor shall the board issue a provisional license to any other person to administer a home which has been administered for the preceding 90 days by a provisional administrator.

* * * Architects * * *

Sec. 15.  26 V.S.A. § 122(c) is amended to read:

(c)  Injunctive relief will be available on application of the office of attorney general or an attorney assigned by the office of professional regulation, pursuant to a complaint filed in the superior court, of Washington County to restrain violations of this chapter.

Sec. 16.  26 V.S.A. § 161 is amended to read:

§ 161.  CREATION OF BOARD; APPOINTMENT OF MEMBERS; TERM

            OF OFFICE; OATH OF OFFICE

* * *

(c)  Members shall be appointed for staggered four-year terms and shall serve at the pleasure of the governor.  To the extent possible, appointments shall be geographically representative.  The terms shall begin on July 1 of the year of appointment, and each member shall hold office until his successor is appointed and qualified Board members shall be appointed by the governor pursuant to sections 129b and 2004 of Title 3.

* * *

(g)  Annually, the board shall elect a chairperson, vice-chairperson and a secretary.

Sec. 17.  26 V.S.A. § 162 is amended to read:

§ 162.  MEETINGS OF BOARD; QUORUM

(a)  The board shall meet at the call of the chairperson or upon the request of any other two members.

(b)  Meetings shall be warned and conducted in accordance with chapter 5 of Title 1.

(c)  A majority of the members of the board shall be a quorum for transacting business and all action shall be taken upon a majority vote of the members present and voting.

(d)  Disciplinary actions shall be taken upon a vote of four of the board members, at least one of whom shall be a public member.

(e)(b)  The provisions of chapter 25 of Title 3 (the Vermont Administrative Procedure Act) relating to contested cases shall apply to proceedings under this chapter.

(f)(c)  Fees for the service of process and attendance before the board shall be the same as the fees paid sheriffs and witnesses in superior court.

Sec. 18.  26 V.S.A. § 205a is amended to read:

§ 205a.  LICENSE RENEWAL

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

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

* * *

* * * Barbers and Cosmetologists * * *

Sec. 19.  26 V.S.A. § 271(7) is amended to read:

(7)  “Manicuring” or “nail technician practice” means the nonmedical treatment of a person’s fingernails or toenails or the skin in the vicinity of the nails, and includes the use of cosmetic preparations or appliances.

Sec. 20.  26 V.S.A. § 273 is amended to read:

§ 273.  EXEMPTIONS

The provisions of this chapter regulating barbers and cosmetologists shall not:

* * *

(3)  prohibit a licensee from practicing providing barbering or cosmetology in services outside a licensed shop so long as those services are limited to only:

(A)  patients or residents within a hospital, nursing home, community care home, funeral home or any similar facility or to;

(B)  persons who are homebound, disabled or, in a hospice or similar program, or to deceased persons in a funeral home;

(4)  affect or prevent individuals from serving as make-up artists or hairdressers in the theatrical and performing arts industries;

(5)  affect or prevent the practice of barbering or cosmetology outside a registered shop or school by licensees in accordance with rules adopted by the board;

(6)  affect or prevent the performing of barbering acts by a person not regularly employed as a barber in towns and villages where there is no advertised regular licensed barber, provided that such person does not advertise or hold himself or herself out as a barber by sign or otherwise.

Sec. 21.  26 V.S.A. § 275 is amended to read:

§ 275.  CREATION OF BOARD

(a)  A board of barbers and cosmetologists is created, consisting of five members appointed by the governor, who.  Members shall be appointed by the governor pursuant to sections 129b and 2004 of Title 3.  Members shall be residents of this state.

* * *

(f)  A majority of the members of the board shall constitute a quorum for transacting business, and all action shall be taken upon a majority vote of the members present and voting.

Sec. 22.  26 V.S.A. § 277(a) is amended to read:

(a)  A person shall be eligible for licensure as a barber if the person is at least 18 years of age, has a high school or general educational development diploma, and has satisfactorily completed an accredited barber school program and an apprenticeship of 12 months; or has satisfactorily completed an apprenticeship of 24 not less than 12 months and not more than 36 months consisting of a minimum of 2,000 hours and a maximum of 3,000 hours in a manner prescribed by the board in addition to courses areas of study, as prescribed by the board, by rule, has a high school or general educational development diploma, and has passed the examination described in section 283 of this title.

Sec. 23.  26 V.S.A. § 278(2) is amended to read:

(2)  an apprenticeship of 24 not less than 12 months and not more than 36 months consisting of not less than 2,000 hours and a maximum of 3,000 hours in a manner prescribed by the board in addition to courses, as prescribed by the board by rule, and has passed the examination described in section 284 283 of this title.

Sec. 24.  26 V.S.A. § 279(2) is amended to read:

(2)  an apprenticeship of not less than 12 months and not more than 18 months, consisting of a minimum of 800 hours and a maximum of 1,200 hours, as prescribed by the board by rule; and has passed the examination described in section 283 of this title.

Sec. 25.  26 V.S.A. § 280 is amended to read:

§ 280.  QUALIFICATIONS; MANICURIST NAIL TECHNICIAN

A person shall be eligible for licensure as a manicurist nail technician if the person is at least 18 years of age, has a high school or general educational development diploma, and has satisfactorily completed:

* * *

(2)  an apprenticeship of eight not less than six months and not more than 12 months consisting of a minimum of 600 hours and a maximum of 900 hours, as prescribed by the board by rule, and has passed the examination described in section 284 283 of this title.

Sec. 26.  26 V.S.A. § 282 is amended to read:

§ 282.  SHOP; REGISTRATION LICENSE

(a)  No shop shall be granted registration a license unless the shop complies with the rules of the board and has a designated licensee responsible for overall cleanliness and, sanitation and safety of the shop.

(b)  The practices of barbering and cosmetology shall be permitted only in shops registered licensed by the board, except as provided in section sections 273 and 281 of this title and the rules of the board.

Sec. 27.  26 V.S.A. § 284 is amended to read:

§ 284.  ISSUANCE OF LICENSE OR REGISTRATION

* * *

(b)  The board shall issue a registration license to the person who owns or controls a shop or school of barbering or cosmetology who has paid the required fee and is in compliance with the rules of the board and the provisions of this chapter.

(c)  The license or registration shall be conspicuously displayed for the customer in the licensee’s principal office, place of business, or employment.

Sec. 28.  26 V.S.A. § 286 is amended to read:

§ 286.  RENEWAL AND REINSTATEMENT

The holder of a license or registration issued by the board pursuant to this chapter may biennially renew the license or registration upon payment of the renewal fee.  A license or registration that has not been renewed by the renewal date shall expire.  Within three years of the date of expiration, the holder of the expired license or registration may apply for renewal reinstatement upon the payment of the renewal fee, and a renewal penalty and satisfactory proof of the applicant’s continued competence to resume practice or business.  If a license is not reinstated within three years of expiration, the applicant shall meet the requirements of section 284 or 285 of this title before the license may be reinstated.

Sec. 29.  26 V.S.A. § 287 is amended to read:

§ 287.  FEES

Applicants and persons regulated under this chapter shall pay the following fees:     

(1)  Application:      

* * *

(C)  Manicurist Nail Technician                                  $ 50.00

* * *

(2)  Biennial renewal:      

* * *

(C)  Manicurist Nail Technician                                  $ 60.00

* * *

Sec. 30.  26 V.S.A. § 288 is amended to read:

§ 288.  UNPROFESSIONAL CONDUCT

The conduct listed in this section and in 3 V.S.A. § 129a constitutes unprofessional conduct when committed by a licensee.  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:

* * *

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

Sec. 31.  26 V.S.A. § 289 is amended to read:

§ 289.  LICENSURE BY ENDORSEMENT

The board may issue a license to an individual who is currently licensed or certified in another jurisdiction in good standing, provided the individual has been in active practice for at least five three years immediately preceding application.

* * * Chiropractors * * *

Sec. 32.  26 V.S.A. § 527 is amended to read:

§ 527.  COMPOSITION OF THE BOARD; QUALIFICATION OF

            MEMBERS; TERM OF OFFICE

(a)  A board of chiropractic is created.  The board shall consist of five members appointed by the governorBoard members shall be appointed by the governor pursuant to sections 129b and 2004 of Title 3.

* * *

(c)  Members shall be appointed for terms of three years.  A member shall serve until a successor is appointed and has qualified, and shall not be eligible for reappointment if he or she has served three consecutive full terms.

(d)  A vacancy shall be filled for any unexpired term in the same manner as initial appointments.

Sec. 33.  26 V.S.A. § 534 is amended to read:

§ 534.  LICENSE RENEWAL AND REINSTATEMENT

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

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

* * *

* * * Dentists * * *

Sec. 34.  26 V.S.A. § 761 is amended to read:

§ 761.  QUALIFICATIONS OF MEMBERS; TERM OF OFFICE STATE

            BOARD OF DENTAL EXAMINERS; CREATION;

            QUALIFICATIONS

The state board of dental examiners is created and shall consist of five dental practitioners of good standing, who have practiced in this state for a period of five years or more, are in active practice, and are legal residents of the state of Vermont, two registered dental hygienists certified pursuant to subchapter 4 of this chapter, who have practiced in the state of Vermont for a period of three years immediately preceding the appointment, are in active practice and are legal residents of the state of Vermont and two members of the public not associated with the practice of dentistry.  The term of office of a member shall be five years. A member shall not serve for more than one full term but may serve another term after an interval of one year.  Board members shall be appointed by the governor pursuant to sections 129b and 2004 of Title 3.  No member of the board may be an officer or serve on a committee of his respective state or local professional dental or dental hygienist organization nor shall any member of the board be on the faculty of a school of dentistry or dental hygiene.  Annually, in the month of January, the governor shall appoint members of the board.

Sec. 35.  26 V.S.A. § 763 is amended to read:

§ 763.  MEETINGS

The meetings of the board shall be held annually, or oftener more frequently on the call of three the chair or two members.

Sec. 36.  26 V.S.A. § 812 is amended to read:

§ 812.  REVOCATION OF LICENSE FOR FAILURE TO PAY FEES

            LAPSED LICENSES; FEE EXEMPTION

(a)  In case of default of payment of the renewal fee or interim billing fee for a period of 90 days, the license certificate or registration shall be automatically revoked. However, the payment of the fee after the expiration of the 90 days together with the late renewal penalty shall restore the license certificate or registration provided the requirements of subsection 810(c) of this title have been met.  Failure to renew a license in a timely fashion shall result in a lapsed license subject to late renewal penalties pursuant to subdivision 125(a)(1) of Title 3.

* * *

* * * Professional Engineers * * *

Sec. 37.  26 V.S.A. § 1171 is amended to read:

§ 1171.  BOARD OF PROFESSIONAL ENGINEERING

* * *

(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.  He 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.

* * *

(f)  The governor may remove any member of the board as provided in 3 V.S.A. § 2004.

(g)  No person may serve more than three full terms on the board.

* * * Funeral Directors * * *

Sec. 38.  26 V.S.A. § 1212 is amended to read:

§ 1212.  RULES; DUTIES

(a)  The board shall:

(1)  adopt rules establishing requirements for facilities used for embalming and preparation of dead human bodies, including the use of universal precautions.  Rules adopted under this subdivision shall be submitted to the commissioner of health before the proposed rule is filed with the secretary of state under chapter 25 of Title 3;

(2)  adopt rules governing professional standards, standards for disclosure of prices and a description of the goods and services that will be provided for those prices not inconsistent with Federal Trade Commission regulations regarding funeral industry practices and unfair or deceptive business practices;

(3)  provide general information to applicants for licensure;

(4)  explain appeal procedures to licensees and applicants and complaint procedures to the public; and

(5)  issue licenses to qualified applicants under this chapter.;

(b)  The office of professional regulation, with the advice of the advisor appointees established in section 1212a of this title, shall:

(1)(6)  adopt rules regarding minimum standards for crematory establishments, including standards for permits and documentation, body handling, containers, infectious diseases, pacemakers, body storage, sanitation, equipment, and maintenance, dealing with the public and other measures necessary to protect the public;.

(2)  provide general information to applicants for licensure;

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

(4)  issue licenses to qualified applicants under this chapter.

Sec. 39.  26 V.S.A. § 1213 is amended to read:

§ 1213.  INSPECTION OF PREMISES

(a)  The board of funeral service or the office of professional regulation its designee may, at any reasonable time, inspect funeral and crematory establishments.  The office of professional regulation may, at any reasonable time, inspect crematory establishments.

(b)  Each funeral and crematory establishment shall be inspected at least once every two years.  Copies of the inspector’s report of an inspection inspections of a funeral establishment establishments shall be provided to the board.

Sec. 40.  26 V.S.A. § 1251 is amended to read:

§ 1251.  LICENSE REQUIREMENTS

No person, partnership, corporation, association, or other organization may open or maintain a funeral establishment unless the establishment is licensed by the board of funeral service to conduct the business and unless the owner, a co-owner or manager is a licensed funeral director.  No person, partnership, corporation, association, or other organization may open or maintain a crematory establishment unless the establishment is licensed by the office of professional regulation board of funeral service.  No person may hold himself or herself out as performing the duties of a funeral director unless licensed by the board of funeral service.  Except as otherwise permitted by law, no person employed by a funeral or crematory establishment may perform a removal unless registered with the board of funeral service and no person employed by a crematory establishment may perform a removal unless registered with the office of professional regulation.

Sec. 41.  26 V.S.A. § 1252(c) is amended to read:

(c)  Crematory establishment.  A person, partnership, corporation, association, or other organization desiring to operate a crematory establishment shall apply, in writing, to the office of professional regulation board of funeral service for a license.  The applicant, if a partnership, corporation, association, or other organization, must have a designated manager or co-owner who is responsible for the operation of the establishment.  The application for a license shall be sworn to by the individual, or a partner or a duly authorized officer of a corporation, shall be on the form prescribed and furnished by the office of professional regulation board, and the applicant shall furnish such information, as required by rule of the office.  The application shall be accompanied by a registration licensing fee.  However, the applicant shall not be required to pay the registration fee under this subsection if the applicant pays the fee under subsection (b) of this section.

Sec. 42.  26 V.S.A. § 1254 is amended to read:

§ 1254.  ISSUANCE OR DENIAL OF LICENSE

If, upon examination review, it is found that the applicant possesses sufficient skill and knowledge of the business, the board shall issue to him or her upon the payment of an initial license fee, a license to engage in the business of funeral director, and shall license him or her funeral establishment, crematory establishment, or removal personnel.  If, upon examination, it is found that the applicant possesses sufficient skill and knowledge of the business, the office of professional regulation shall issue to him or her upon the payment of an initial license fee, a license to engage in the business of a crematory establishment.  All applications shall be granted or denied within 90 days from the making thereof.

Sec. 43.  26 V.S.A. § 1256 is amended to read:

§ 1256.  RENEWAL OF REGISTRATION OR LICENSE

* * *

(c)  If a licensee fails to pay the renewal fee by the required date, the license shall be suspended lapse.  Thereafter, the license may be renewed reinstated only upon application to the board or the office of professional regulation and upon payment of the renewal fee and a reinstatement fee.

* * *

(e)  In addition to the provisions of subsection (a) of this section, an applicant for renewal as a funeral director or embalmer 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.

Sec. 44.  26 V.S.A. § 1257 is amended to read:

§ 1257.  UNPROFESSIONAL CONDUCT

(a)  A licensee shall not engage in unprofessional conduct.

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

* * *

(3)  For funeral directors, failure Failure to comply with rules adopted by the board, the office of professional regulation, or by the Federal Trade Commission relating to funeral directors or, for crematory establishments, failure to comply with rules adopted by the office of professional regulation goods and services.

* * *

(c)  After hearing and upon a finding of unprofessional conduct, the board or office of professional regulation may take disciplinary action against a licensee.

(d)  For purposes of this section, “disciplinary action” includes any action taken by the board or the office of professional regulation against a licensee premised on a finding of unprofessional conduct.  Disciplinary action includes all appropriate remedies, including denial of renewal of a license, suspension, revocation, limiting, or conditioning of the license, issuing reprimands or warnings, and adopting consent orders.

(e)  Disciplinary proceedings against a licensed crematory establishment or its personnel, when that crematory is independent from a licensed funeral establishment, may, upon petition of the licensee, be heard by an administrative law officer appointed by the director of the office of professional regulation.

* * * Nurses * * *

Sec. 45.  26 V.S.A. § 1573(a) is amended to read:

(a)  There is hereby created a Vermont state board of nursing consisting of five registered nurses, two practical nurses, one nursing assistant, and two public members all of whom shall be appointed by the governor.  All appointments shall be for terms of three years or until their successors have been duly appointed.  No person shall be eligible for more than one sequential reappointmentBoard members shall be appointed by the governor pursuant to sections 129b and 2004 of Title 3.

* * * Optometrists * * *

Sec. 46.  26 V.S.A. § 1707 is amended to read:

§ 1707.  QUALIFICATIONS; TERM OF OFFICE; REMOVAL

* * *

(b)  The board shall consist of five members, three of whom shall be residents of the state, have had at least five years’ experience in the practice of optometry in the state and are in the active practice of optometry at the time of their appointment; and two members who shall be representatives of the public, who shall be residents of the state for five years and who shall have no financial interest in the profession other than as a consumer or potential consumer of its services.  The public members shall participate in all board functions with the exception of drafting and grading examinations.

(c)  The term of office of each member shall be five years, and no person may serve two successive five year terms. Vacancies shall be filled in the same manner as the original appointment for the unexpired term.  Board members shall be appointed by the governor pursuant to sections 129b and 2004 of Title 3.

(d)  The governor shall appoint members to the board and may remove any member as provided in section 2004 of Title 3.

Sec. 47.  26 V.S.A. § 1709 is amended to read:

§ 1709.  FUNCTIONING OF BOARD OF OPTOMETRY

* * *

(d)  A majority of the members of a board shall constitute a quorum for transacting business, and all action shall be taken upon a majority vote of the members present and voting.

(e)  All business may be transacted by a majority vote of the members present and voting, unless otherwise provided by law.

* * *

* * * Osteopaths * * *

Sec. 48.  26 V.S.A. § 1791 is amended to read:

§ 1791.  COMPOSITION OF THE BOARD; QUALIFICATIONS; TERM OF

              OFFICE

(a)  A board of osteopathic physicians and surgeons is created.  The board shall consist of five members appointed by the governorBoard members shall be appointed by the governor pursuant to sections 129b and 2004 of Title 3.

* * *

(c)  Members shall be appointed for terms of three years. A member shall not be eligible for reappointment if she or he has served two consecutive full terms.  A majority of the members of the board shall constitute a quorum, and all action shall be taken upon a majority vote of the members present and voting.

(d)  A vacancy shall be filled for the unexpired term in the same manner as the initial appointment.

(e)  Annually after appointments are made, the board shall elect from among its members a chair and a vice-chair each to serve for one year. No person shall serve as chair or vice-chair for more than three consecutive years.

* * * Pharmacists * * *

Sec. 49.  26 V.S.A. § 2031 is amended to read:

§ 2031.  CREATION; APPOINTMENT; TERMS; ORGANIZATION

* * *

(b)  Members of the board shall be appointed by the governor pursuant to sections 129b and 2004 of Title 3.  Of the members first appointed one member shall serve for one year, one for two years, one for three years, two for four years and two for five years.  The public members first appointed shall be for four and five year terms.  Thereafter, all members shall serve for terms of five years or until their successors are appointed and qualified.  No person shall serve more than two consecutive five-year terms.

(c)  Members shall serve at the pleasure of the governor. Vacancies shall be filled in the same manner as the original appointments.

(d)  The board shall elect its own chairman and such other officers as it deems necessary from its membership.  The board shall meet at such times and places as determined by it.  A majority of members shall constitute a quorum, and all action shall be taken upon a majority vote of the members present and voting.

(e)  [Repealed.] 

Sec. 50.  26 V.S.A. § 2042b(e) is amended to read:

(e)  No person shall act as a pharmacy technician without first having submitted an application for registration with the board as set forth in section 2042a of this title.  Pending approval for registration, an applicant who has submitted an application may act as a pharmacy technician for up to 30 days or until the board has made a final determination on the application, whichever occurs first.

Sec. 51.  26 V.S.A. § 2046 is amended to read:

§ 2046.  FEES

Applicants and persons regulated under this chapter shall pay the following fees:     

* * *

(3)  Pharmacy reinspection                                       $100.00

Sec. 52.  26 V.S.A. § 2061(e) is amended to read:

(e)  Retail and institutional drug outlets shall be managed by licensed pharmacists who have held an unrestricted license in this or another state for at least one year.  A pharmacist who holds a restricted license may petition the board for permission to be a pharmacist manager, which may be granted by the board for good cause shown.

Sec. 53.  26 V.S.A. § 2076(c) is added to read:

(c)  If the board determines it is necessary to inspect a certain premises under the same ownership more than once in any two‑year period, the board may charge a reinspection fee of $100.00.

* * * Physical Therapists * * *

Sec. 54.  26 V.S.A. § 2081a is amended to read:

§ 2081a.  DEFINITIONS

As used in this chapter:

* * *

(2)  “Disciplinary action” or “disciplinary cases” includes any action taken by the administrative law officer appointed under 3 V.S.A. § 129(j) against a licensee or applicant premised upon a finding of wrongdoing or unprofessional conduct by the licensee or applicant.  It includes all sanctions of any kind, including obtaining injunctions, suspending or revoking licenses, issuing conditions on practice, warnings, and other similar sanctions and ordering restitution.

* * *

(5)  “Physical therapy aide” means an unlicensed a person, trained under the direction of a physical therapist, who performs designated and supervised routine physical therapy tasks.  The physical therapy aide may perform tasks related to preparation of a patient and equipment for treatment, housekeeping, transportation, clerical duties and departmental maintenance.  The aide may provide that type of elementary and direct patient care which the patient and family member could reasonably be expected to learn and perform.  The direct patient care provided is a component of the established physical therapy program.

* * *

Sec. 55.  26 V.S.A. § 2082 is amended to read:

§ 2082.  PROHIBITION; OFFENSES

(a)  No person shall:

* * *

(2)  use in connection with the person’s name or business the words “physical therapy,” “physical therapist,” “physical therapist assistant,” “physiotherapy,” “physiotherapist,” the initials “PT,” “PTA,” “DPT,” or any letters, words, abbreviations, or insignia indicating or implying that the person is a physical therapist or physical therapist assistant unless the person is licensed in accordance with this chapter; or

* * *

(c)  A physical therapist shall use the letters “PT” in connection with the physical therapist’s name or place of business to denote licensure, and a physical therapist assistant shall use the letters “PTA.”

Sec. 56.  26 V.S.A. § 2083 is amended to read:

§ 2083.  EXEMPTIONS FROM LICENSURE

The following persons shall be permitted to practice as a physical therapist or physical therapist assistant in this state without obtaining a license under this chapter upon the following conditions:

* * *

(2)  physical therapists licensed in other jurisdictions while enrolled in this state in graduate postprofessional educational programs that include the evaluation and treatment of patients as part of their experience required for credit, as long as the student’s practice is limited to the scope of the educational program;

(3)  practitioners of physical therapy physical therapists and physical therapist assistants employed in the United States Armed Services, United States Public Health Service, Veterans Administration, or other federal agency;

(4)  physical therapists or physical therapist assistants licensed or regulated in other jurisdictions another jurisdiction of the United States or credentialed to practice physical therapy in another country if that person is who are teaching, demonstrating, or providing physical therapy in connection with teaching or participating in special physical therapy education projects, demonstrations or courses in this state, in which their participation in the evaluation and treatment of patients is minimal an educational seminar of no more than 60 days in a calendar year;

(5)  a physical therapist who is licensed in another jurisdiction of the United States if that person is providing consultation by means of telecommunication to a physical therapist licensed pursuant to this chapter;

(6)  a physical therapist or physical therapist assistant licensed in another jurisdiction of the United States or credentialed in another country, if that person by contract or employment is providing physical therapy to individuals affiliated with or employed by an athletic team, an athletic organization, or a  performing arts company temporarily practicing, competing, or performing in the state for no more than 60 days in a calendar year.

Sec. 57.  26 V.S.A. § 2091 is amended to read:

§ 2091.  DIRECTOR OF THE OFFICE OF PROFESSIONAL

              REGULATION; DUTIES

The director of the office of professional regulation, with the advice of the advisors appointed under this chapter, shall:

* * *

(5)  receive and evaluate applications for licensure, administer provide for examinations and set passing scores, provide licenses to applicants qualified under this chapter, renew, revoke, and reinstate licenses, or otherwise discipline licensees as ordered by an administrative law officer; and

(6)  issue to each person licensed, a certificate of licensure which shall be prima facie evidence of the right of the person to whom it is issued to practice as a licensed physical therapist or to represent himself or herself as a licensed physical therapist assistant, subject to the conditions and limitations of this chapter; and

(7)  adopt rules necessary to perform his or her duties under this chapter.

Sec. 58.  26 V.S.A. § 2092(a) is amended to read:

(a)  The secretary of state shall appoint two physical therapists to serve as advisors in matters relating to physical therapy.  They shall be appointed for staggered three-year five-year terms and shall serve at the pleasure of the secretary.  One of the initial appointments may be for less than a three-year full term.  Appointees shall have not less than three years experience as a physical therapist immediately preceding appointment and shall be actively engaged in the practice of physical therapy in Vermont during incumbency.

Sec. 59.  26 V.S.A. § 2101 is amended to read:

§ 2101.  ELIGIBILITY

To be eligible for licensure as a physical therapist or physical therapist assistant an applicant must:

(1)  be entitled to licensure without examination.

(2)  have been graduated from a physical therapy program which is accredited by an agency recognized by the United States Department of Education or the Council on Postsecondary Accreditation or submit to the board proof of equivalent education as provided in regulations for foreign trained persons.

(3)  pass an examination to the satisfaction of the director of the office of professional regulation.

(a)  An applicant for a license as a physical therapist shall:

(1)  be a graduate of a professional physical therapy education program accredited by a national accreditation agency approved by the director;

(2)  pass an examination approved by the director; and

(3)  pass an approved English proficiency exam if the applicant’s native language is not English.

(b)  An applicant for a license as a physical therapist who has been educated outside the United States and has graduated from a professional physical therapy education program not accredited by a national accreditation agency approved by the director shall:

(1)  provide satisfactory evidence that the applicant’s education is substantially equivalent to the requirements of physical therapists educated in an accredited education program as determined by the director.  For the purpose of this section, “substantially equivalent” means that an applicant for licensure educated outside the United States shall have:

(A)  graduated from a physical therapist education program that prepares the applicant to engage in the practice of physical therapy without restriction;

(B)  provided written proof that the applicant’s school of physical therapy education is recognized by its own ministry or department of education;

(C)  undergone a credentials evaluation as directed by the director which demonstrates that the candidate has met uniform criteria for educational requirements as adopted by rule; and

(D)  completed any additional education as required by the director.

(2)  pass an approved English proficiency examination if the applicant’s native language is not English; and

(3)  pass an examination approved by the director.

(d)  An applicant for licensure as a physical therapist assistant shall:

(1)  be a graduate of a physical therapist assistant education program accredited by a national accreditation agency approved by the director;

(2)  pass an approved English proficiency examination if the applicant’s native language is not English; and

(3)  pass an examination approved by the director.

Sec. 60.  26 V.S.A. § 2103 is amended to read:

§ 2103.  EXAMINATION

(a)  The director of the office of professional regulation shall examine applicants provide for examinations for licensure as physical therapists or physical therapist assistants at such times and places as he or she may determine.  The physical therapy examination shall include the applied sciences of anatomy, neuroanatomy, kinesiology, physiology, pathology, psychology, physics, growth and development; physical therapy applied to medicine, neurology, orthopedics, pediatrics, psychiatry, geriatrics, community health and surgery and also medical ethics, technical procedures in the practice of physical therapy and such other subjects as the director of the office of professional regulation may deem necessary, including a practical examination.

(b)  The physical therapist assistant examination shall include the following subjects: the applied sciences of anatomy, kinesiology, physics, pathology, physiology, medical ethics; selected physical therapy procedures which include massage, electrotherapy, hydrotherapy, thermotherapy, therapeutic exercise and rehabilitative procedures and such other subjects as the director of the office of professional regulation deems necessary, including a practical examination.

(c)  Examinations administered and procedures followed by the director shall be fair and reasonable and shall be designed and implemented to reasonably ensure that an applicant is at least minimally qualified to practice physical therapy.  They shall not be designed or implemented for the purpose of limiting the number of licensees.

(c)  An applicant for licensure as a physical therapist may take the examination after the application process has been completed and the application approved.  The examination shall test entry-level competence related to physical therapy theory, examination, evaluation, diagnosis, prognosis, treatment intervention, prevention, and consultation.

(d)  An applicant for licensure as a physical therapist assistant may take the examination after the application process has been completed and the application approved.  The examination shall test for requisite knowledge and skills in the technical application of physical therapy services.

(e)  An applicant for licensure who does not pass the examination on the first attempt may retake the examination one additional time without reapplication for licensure within six months of the first or examination.  Before the director may approve an applicant for subsequent testing beyond two attempts, an applicant shall reapply for licensure and shall submit evidence satisfactory to the director of having successfully completed additional clinical training or course work, or both, as determined by the director.

(f)  The director may require an examination designed to test the knowledge of the applicant regarding Vermont laws relating to physical therapy practice.

Sec. 61.  26 V.S.A. § 2104 is amended to read:

§ 2104.  LICENSURE WITHOUT EXAMINATION

A person who is licensed under the laws of another jurisdiction and who desires licensure as a physical therapist or physical therapist assistant without examination shall apply to the director of the office of professional regulation in writing on a form furnished by the director, accompanied by the specified fee.  The director shall license those persons if he or she deems that they have met requirements in the other jurisdiction which are substantially equal equivalent to those of this state.  In all other cases, the director of the office of professional regulation may make such regulations as are reasonable and necessary for the protection of the public to assure that the applicant under this section is professionally qualified.

Sec. 62.  26 V.S.A. § 2107(d) is amended to read:

(d)  The director may, after notice and opportunity for reinstatement hearing, revoke a person’s right to renew licensure if the license has lapsed for five or more years The director shall establish continuing competence requirements by rule as a condition of licensure renewal.

Sec. 63.  26 V.S.A. § 2108 is added to read:

§ 2108.  REINSTATEMENT

If a physical therapist’s license has lapsed for more than five consecutive years, that person shall pay all applicable renewal and reinstatement fees, and shall demonstrate competence to the director’s satisfaction by one or more of the following, as determined by the director:

(1)  completion of a remedial course;

(2)  completion of continuing competence requirements; or

(3)  pass an examination approved by the director.

Sec. 64.  26 V.S.A. § 2121(c) is amended to read:

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

(1)  denying an application for licensure;

(2)  revoking, suspending, or conditioning a license; or

(3)  otherwise disciplining a licensee.

* * * Real Estate Brokers and Salespeople * * *

Sec. 65.  26 V.S.A. § 2251 is amended to read:

§ 2251.  REAL ESTATE COMMISSION

* * *

(c)  Commission members shall be appointed for staggered four-year terms by the governor, with the advice and consent of the senate by the governor pursuant to sections 129b and 2004 of Title 3.  To the extent possible, appointments shall be geographically representative.

(d)  Vacancies may be filled in the same manner that initial appointments are made.

(e)  The governor may remove any member of a commission as provided in 3 V.S.A. § 2004.

(f)  No commission member may be appointed to a consecutive term who has served four years on the commission.

Sec. 66.  26 V.S.A. § 2253 is amended to read:

§ 2253.  COMMISSION PROCEDURES

* * *

(d)  A majority of the members of the commission shall be a quorum for transacting business, and all action shall be taken upon a majority vote of the members present and voting.

(e)  All action shall be taken upon a majority vote of the members present and voting, unless otherwise provided in chapter 5 of Title 1.

(f)  The provisions of the Vermont Administrative Procedure Act relating to contested cases shall apply to proceedings under this chapter.

(g)  Fees for the service of process and attendance before the commission shall be the same as the fees paid sheriffs and witnesses in superior court.

Sec. 67.  26 V.S.A. § 2292 is amended to read:

§ 2292.  ELIGIBILITY

(a)  A license as a real estate broker shall be granted to a person who satisfies all of the following:

(1)  Has passed an examination as required by the commission.

(2)  Has gained at least one year’s two years’ experience satisfactory to the commission as a licensed salesperson, including at least eight separate and unrelated closed transactions.

(3)  Has completed a course of instruction of at least eight 40 hours, approved by the commission.

(b)  A license as a real estate salesperson shall be granted to a person who satisfies all of the following:

* * *

(4)  Has completed a course of instruction, approved by the commission, of at least 40 hours.

* * *

Sec. 68.  26 V.S.A. § 2293 is amended to read:

§ 2293.  RENEWAL OF LICENSE; LAPSED LICENSE

(a)  Licenses shall be renewed every two years without examination and on payment of the required fees, provided that the person applying for renewal completes at least 12 16 hours of instruction for brokers and eight 16 hours of instruction for salespersons, approved by the commission, during the preceding two-year period.  Four hours of this continuing education instruction shall address legislation and other topics specified by the real estate commission for each renewal period.

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

(c)  If a broker or salesperson’s license has lapsed for greater than five consecutive years, the broker or salesperson shall apply for reinstatement in accordance with the initial licensure requirements as set forth in section 2292 of this title, including a course of instruction and examination.  The commission may waive the reinstatement requirements based upon licensed practice in another state.

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

* * * Veterinarians * * *

Sec. 69.  26 V.S.A. § 2411 is amended to read:

§ 2411.  QUALIFICATIONS; TERM OF OFFICE; REMOVAL

* * *

(c)  Board members shall be appointed for staggered three-year terms by the governor, who may request nominations from any source but shall not be bound to select board members from among the persons nominated.  When the board is first established, appointments may be for less than three-year terms pursuant to sections 129b and 2004 of Title 3.

(d)  Vacancies may be filled in the same manner that initial appointments are made.

(e)  No board member may be reappointed who has served six or more consecutive years on the board.

Sec. 70.  26 V.S.A. § 2412 is amended to read:

§ 2412.  FUNCTIONING OF LICENSING BOARD

* * *

(c)  A majority of the members of a the board shall constitute a quorum for transacting business and all action shall be taken upon a majority vote of the members present and voting.

(d)  All business may be transacted by a majority vote of the members present and voting, unless otherwise provided by law.

Sec. 71.  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.  A license which has lapsed for five years or longer may be reinstated upon successful completion of national board licensing examinations or upon proof that the licensee has actively practiced clinical veterinary medicine for 3,000 hours during the preceding three years in another state.

* * * Land Surveyors * * *

Sec. 72.  26 V.S.A. § 2541 is amended to read:

§ 2541.  CREATION AND ORGANIZATION OF BOARD

(a)  A state board of land surveyors is created to regulate the licensure of land surveyors.  It shall be called “Board of Land Surveyors.”

(b)  The governor shall appoint as members of the board shall consist of five licensed land surveyors and two members of the public who have no financial interest in the activities regulated under this chapter, other than as consumers or possible consumers of its services.  Public members shall have no financial interest personally or through a spouse, parent, child, brother, or sister.  “Financial interest” means dealing in goods or services which are uniquely related to activities regulated under this chapter, or investing anything of value in a business licensed under this chapter.  Their terms shall be staggered four-year terms and shall begin on the date of appointment. Each member shall hold office until a successor is appointed.  To the extent possible, appointment shall be geographically representative.

(c)  No person may be a member of the board for more than eight consecutive years.  Board members shall be appointed by the governor pursuant to sections 129b and 2004 of Title 3.

(d)  One member shall have been licensed under this chapter after written examination taken within the five years immediately preceding the date of appointment.

(e)  Vacancies may be filled in the same manner that initial appointments are made.

(f)  The governor may remove a member from the board as provided in 3 V.S.A. § 2004.

(g)  The board shall elect annually from its members a chairperson, a vice chairperson and a secretary.

Sec. 73.  26 V.S.A. § 2543 is amended to read:

§ 2543.  BOARD MEETINGS

* * *

(c)  A majority of the members of the board shall be a quorum for transacting business, and all action shall be taken upon a majority vote of the members present and voting.

(d)  Disciplinary action shall be taken upon a vote of four of the board members, at least one of whom is a public member.

(e)  The provisions of the Vermont Administrative Procedure Act, 3 V.S.A. chapter 25, relating to contested cases, shall apply to proceedings under this chapter.

(f)(e)  Fees for the service of process and attendance before the board shall be the same as the fees paid sheriffs and witnesses in superior court.

* * * Opticians * * *

Sec. 74.  26 V.S.A. § 2651(6) is amended to read:

§ 2651.  DEFINITIONS

As used in this chapter:

* * *

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

Sec. 75.  26 V.S.A. § 2661 is amended to read:

§ 2661.  CREATION OF BOARD; TERM OF OFFICE

A board of examiners of opticians is created consisting of five members appointed by the governor.  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.  In making appointments, the governor shall give due consideration to the recommendations of the opticians association of Vermont, or its successor organization.

Sec. 76.  26 V.S.A. § 2663 is amended to read:

§ 2663.  MEETINGS; OFFICERS

(a)  The board shall hold at least one meeting each year.  Special meetings may be called by two members of the board upon fifteen days notice to the remaining members.  Three members of the board shall constitute a quorumA majority of the members of the board shall constitute a quorum for transacting business, and all action shall be taken upon a majority vote of the members present and voting.

(b)  Annually, at its first meeting, the board shall elect from its members a president, a secretary and a treasurer.

Sec. 77.  26 V.S.A. § 2671 is amended to read:

§ 2671.  APPLICATIONS

Any person who desires to practice as an optician shall file a written application for a license and the application fee with the secretary of the board office on forms provided by the board office.  An applicant shall submit satisfactory proof that he or she meets the qualifications under section 2672 of this title and shall deposit an application fee with the secretary.

Sec. 78.  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 he the applicant has attained the age of majority and possesses the following qualifications:

* * *

Sec. 79.  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 a an optician trainee with the board within 60 days of entering the employment.  The computation of any period of traineeship 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 may issue to the applicant a an optician trainee’s certificate.  Every registered optician trainee who continues to act as a an optician trainee shall, biennially, renew his or her optician trainee’s certificate of registration by paying a renewal fee.

(c)  No optician may have more than two optician trainees under his or her supervision during any given period of time, nor shall any establishment employ more than two optician trainees for every full-time optician in its employment.  A An optician trainee must be under direct personal supervision of an optician, optometrist, or ophthalmologist.  An optician provides A supervisor shall provide direct personal supervision of a an optician trainee, while the optician trainee is working, by being physically present for consultation or intervention on the premises where the trainee is working.  Merely being available at another optical facility for consultation does not constitute direct personal supervision.

Sec. 80.  26 V.S.A. § 2676 is amended to read:

§ 2676.  LICENSE; RENEWAL; REINSTATEMENT

* * *

(b)  Any person whose license expired, provided the period of expiration has been less than two five years, may renew reinstate that license by paying the renewal fee plus the late renewal penalty.

(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 such a license remains expired for a period of four years, the board shall send notice under this section to the former licensee at his last known address.  Thirty days after the notice is sent, the right to renew the license without examination is suspended.  Once the right to renew is suspended, it may be reinstated only by decision of the board acting on petition of the former licensee.  During that proceeding, the board may require re-examination of the licensee, as well as payment of a renewal fee, late renewal penalty and a reinstatement fee.

(d)  Licenses which have lapsed for more than five years may be reinstated by:

(1)(A)  demonstrating more than 1,000 hours’ licensed practice in another state over the preceding two years; or

(B)  successfully completing the national licensing examination within one year prior to applying for reinstatement; and

(2)  paying of the renewal fee and late renewal penalty.

Sec. 81.  26 V.S.A. § 2681 is amended to read:

§ 2681.  FEES

Applicants and persons regulated under this chapter shall be subject to the following fees:     

(1)  Application for licensure                                             $ 70.00

(2)  Biennial renewal of license                                         $350.00

(3)  Application for optician trainee registration                  $ 70.00

(4)  Application for renewal Renewal of optician trainee

        registration                                                                $ 70.00

* * * Radiologic Technologists * * *

Sec. 82.  26 V.S.A. § 2821 is amended to read:

§ 2821.  LICENSING

* * *

(b)  General radiography.  The board shall issue a general radiography license to any person who, in addition to meeting the requirements of subsection (a) of this section:

(1)  has graduated from a radiography training program offered by a school of radiologic technology approved by the board or by any organization to which the board delegates approval power by rule approved by the board; and

(2)  passes an examination offered by the board or its designee or has obtained private certification from either the American Registry of Radiologic Technologists, or from any other a similar organization to which the board delegates approval power by rule approved by the board.

* * *

(d)  Nuclear medicine.  The board shall issue a nuclear medicine technologist license to any person who, in addition to meeting the requirements of subsection (a) of this section:

(1)  has graduated from a nuclear medicine technology training program offered by a school of radiologic technology approved by the board or by any organization to which the board delegates approval power by rule approved by the board; and

(2)  either passes an examination offered by the board or its designee or has obtained private certification from either the American Registry of Radiologic Technologists or from an a similar organization to which the board delegates certification power by rule approved by the board.

(e)  Radiation therapy.  The board shall issue a radiation therapist license to any person who, in addition to meeting the requirements of subsection (a) of this section:

(1)  has graduated from a radiation therapy training program offered by a school of radiologic technology approved by the board or by any organization to which the board delegates approval power by rule approved by the board; and

(2)  either passes an examination offered by the board or its designee or has obtained private certification from either the American Registry of Radiologic Technologists or from an a similar organization to which the board delegates certification power by rule approved by the board.

(f)  Combined positron emission tomography (PET) and computerized tomography (CT) (PET/CT) imaging.

(1)  The board shall issue a combined PET/CT license to any person who, in addition to meeting the requirements of subsection (a) of this section either:

(A)  meets the prerequisites for and passes:

(i)  the CT advanced certification examination given by the American Registry of Radiologic Technologists (ARRT) or similar organization approved by the board; and

(ii)  the PET examination given by the Nuclear Medicine Technology Certification Board (NMTCB) or similar organization approved by the board; or

(B)  meets the prerequisites for, and passes the combined PET/CT examination given by the Nuclear Medicine Technology Certification Board (NMTCB) or American Registry of Radiologic Technologists (ARRT) or other similar organization approved by the board.

(2)  Licensees who have lawfully operated PET/CT machines regularly since before January 1, 2005 are permitted until July 1, 2006 to satisfy the examination requirement in this subsection.

(g)  Licensing standards used by the board, and its procedures, shall be fair and reasonable.  Licensing standards and procedures shall be designed and implemented to ensure that all applicants are admitted to practice unless there is good reason to believe that practice by a particular applicant would be inconsistent with the public health, safety, and welfare.  They shall not be designed or implemented for the purpose of limiting the number of licensees.

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

(h)(i)  If a licensee has a principal place of business for the licensed occupation, a license shall be prominently displayed at that place.

* * * Psychologists * * *

Sec. 83.  26 V.S.A. § 3003(b) is amended to read:

(b)  The attorney general or an attorney assigned by the office of professional regulation may enforce this chapter, and may seek and obtain from a the Washington County superior court an order enjoining activity in violation of this chapter.

Sec. 84.  26 V.S.A. § 3006 is amended to read:

§ 3006.  BOARD; ESTABLISHMENT

The board of psychological examiners is established, which shall consist of five members appointed by the governor, with the advice and consent of the senate.  The board shall be composed of three licensed psychologists and two other persons who are consumers but neither of whom are psychologists.  Consumer members shall have no financial interest in the practice of psychology, either personally or through a spouse, parent, child, brother, or sister.  At least one but not more than two of the psychologists shall represent the practice of psychology within the agency of human services or a community mental health center.  All members of the board shall have been residents of the state of Vermont for at least two years prior to their appointment to the board.  When a person who is an employee of or under contract with a community mental health center is subject to disciplinary action and the agency of human services member or the community mental health center member has a conflict of interest, the board secretary of state shall appoint a psychologist who is an employee of another community mental health center to serve as an ad hoc member of the board.

Sec. 85.  26 V.S.A. § 3007 is amended to read:

§ 3007.  TERMS OF BOARD MEMBERS; APPOINTMENTS

(a)  Each member of the board shall be appointed for a term of five years.  A vacancy shall be filled by the governor by appointment for the unexpired term.

(b)  No member shall be eligible to serve consecutively more than one full term.  Board members shall be appointed by the governor pursuant to sections 129b and 2004 of Title 3.

Sec. 86.  26 V.S.A. § 3009 is amended to read:

§ 3009.  ORGANIZATION OF BOARD

The board shall elect from among its members a chairman, vice-chairman and secretary.  The officers shall serve until the following June 30th or until their successors are appointed and qualified.  The board shall hold at least two regular meetings each year; but additional meetings may be held upon call of the chairman chair or at written request of any two members of the board.  Three members of the board shall constitute a quorum and no action at any meeting shall be taken without at least two votes in accord.  A majority of the members of the board shall constitute a quorum for transacting business and all action shall be taken upon a majority vote of the members present and voting.

Sec. 87.  26 V.S.A. § 3009a is amended to read:

§ 3009a.  POWERS AND DUTIES OF BOARD

(a)  The board shall establish the following by rule adopt rules necessary to perform its duties under this chapter, including rules which:

(1)  a definition of the practice of psychology, interpreting subdivision (1) of section 3001 of this title as appropriate specify educational and other prerequisites for obtaining licensure;

(2)  qualifications for obtaining licensure, interpreting section 3011 of this title as appropriate explain complaint and appeal procedures to licensees, applicants, and the public;

(3)  explanations of significant rights given to applicants and the public; and

(4)  explain continuing education requirements; and

(4)  explain how the board shall investigate suspected unprofessional conduct.

(b)  The board may:

(1)  establish or approve continuing education programs;

(2)  take or cause depositions to be taken as needed in any investigation, hearing or proceeding before it conduct hearings;

(3)  receive assistance from the director of the office of professional regulation and from the attorney general or an attorney assigned by the office of professional regulation.

(4)  [Repealed.] 

Sec. 88.  26 V.S.A. § 3014 is amended to read:

§ 3014.  LICENSE GRANTED UPON EXAMINATION OF CREDENTIALS

              LICENSURE BY ENDORSEMENT

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

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

* * *

* * * Private Investigators and Security Guards * * *

Sec. 89.  26 V.S.A. § 3161 is amended to read:

§ 3161.  STATE BOARD

(a)  The state board of private investigative and security services is created.  The board shall consist of five members appointed by the governor:  one shall be a provider of private detective services; one shall be a provider of private security services; two shall be members of the public with no financial interest in either service other than as a consumer or potential consumer.  The remaining member shall be a provider of private detective services or a provider of private security services, or a provider of both types of services.  Board members shall be appointed by the governor pursuant to sections 129b and 2004 of Title 3.

(b)  Members shall serve for terms of three years.  No member may serve more than two consecutive full three-year terms.  Vacancies shall be filled for the remainder of the unexpired term in the same manner as the original appointment.

(c)  Members may be removed by the governor under the provisions of section 2004 of Title 3.

Sec. 90.  26 V.S.A. § 3163 is amended to read:

§ 3163.  FUNCTIONING OF LICENSING BOARD

* * *

(d)  A majority of the members of a board shall constitute a quorum, and all action shall be taken upon a majority vote of the members present and voting.

(e)  All business may be transacted by a majority vote of the members present and voting, unless otherwise provided by law.

(f)  Each board member shall receive compensation and expenses as provided in 32 V.S.A. § 1010.

* * * Clinical Social Workers * * *

Sec. 91.  26 V.S.A. § 3203(b) is amended to read:

(b)  The secretary of state director, with the advice of two licensed clinical social workers appointed under 26 V.S.A. § 3204 section 3204 of this title, may adopt rules necessary to enable the director to perform his or her duties under subsection (a) of this section.

* * * Clinical Mental Health Counselors * * *

Sec. 92.  26 V.S.A. § 3262a is amended to read:

§ 3262a.  BOARD OF ALLIED MENTAL HEALTH PRACTITIONERS

A board of allied mental health practitioners is established.  The board shall consist of six members appointed by the governor pursuant to sections 129b and 2004 of Title 3.  Two members shall be licensed clinical mental health counselors, one member shall be a certified marriage and family therapist, one member shall be a nonlicensed and noncertified psychotherapist entered on the roster and two members shall be public members.  The public members shall have no direct financial interest personally or through a spouse, parent, child, brother, or sister in clinical mental health counseling, marriage and family therapy, or psychotherapy.  The professional members of the board shall have at least three years of professional experience as a clinical mental health counselor, marriage and family therapist, or psychotherapist respectively, during the period immediately preceding appointment and shall be actively engaged in the practice of clinical mental health counseling, marriage and family therapy, or psychotherapy during incumbency.  A majority of the members of the board shall constitute a quorum for transacting business, and all action shall be taken upon a majority vote of the members present and voting.

Sec. 93.  26 V.S.A. § 3265 is amended to read:

§ 3265.  ELIGIBILITY

To be eligible for licensure as a clinical mental health counselor an applicant shall satisfy all of the following:

(1)  Shall have completed a minimum of 60 graduate hours and received a master’s degree or higher degree in counseling or a related field, from an accredited educational institution, after having successfully completed a course of study as defined by the board, by rule, which included a supervised practicum, internship or field experience, as defined by the board, by rule, in a mental health counseling setting.

(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 substantial equivalent; and

(3)  Shall pass an examination the examinations required by board rules as provided in section 3267 of this title.

Sec. 94.  26 V.S.A. § 3267 is amended to read:

§ 3267.  EXAMINATION

(a)  The board or its designee shall conduct written examinations under this chapter at least twice a year, except that examinations need not be conducted when no one has applied to be examined.  Each applicant shall be assigned a number so that the applicant’s name is not disclosed to the director until after the examination has been graded.

* * *

(c)  The director shall administer a written examination on clinical mental health counseling theory and practice.

(d)  The board may contract with independent testing services, licensed clinical mental health counselors, or others to assist in the administration of written examinations.

* * * Real Estate Appraisers * * *

Sec. 95.  26 V.S.A. § 3313 is amended to read:

§ 3313.  BOARD OF REAL ESTATE APPRAISERS

A board of real estate appraisers is established.  The board shall consist of five members appointed by the governor pursuant to sections 129b and 2004 of Title 3.  Three members shall be real estate appraisers licensed under this chapter who have been actively engaged in the fulltime 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.

Sec. 96.  26 V.S.A. § 3319a is amended to read:
§ 3319a.  APPRAISER TRAINEE REGISTRATION

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 license in good standing in the same or higher level as the work being supervised and who has held a 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 and has not been subject to disciplinary action resulting in a finding of unprofessional conduct within the previous five years.  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.

* * * Marriage and Family Therapists * * *

Sec. 97.  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.  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.

* * * Psychotherapy * * *

Sec. 98.  26 V.S.A. § 4082(2) is amended to read:

(2) "Disciplinary action" includes any action taken by the board against a person who is entered on the roster or who applies for entry on the roster, premised on a finding of unprofessional conduct by a psychotherapist.  It includes all sanctions of any kind, such as refusal to enter a person on the roster or to renew a roster entry, suspension or revocation of the person's right to be entered on the roster, issuing warnings, limitations on a person's right to practice and other similar sanctions.

Sec. 99.  26 V.S.A. § 4086(a) is amended to read:

(a)  A roster of psychotherapists who are nonlicensed and noncertified is created.  The roster shall include all nonlicensed and noncertified psychotherapists who practice in this state.  The roster shall include only those psychotherapists who have not engaged in unprofessional conduct.

* * * Tattooists and Body Piercers * * *

Sec. 100.  26 V.S.A. § 4105(b) is amended to read:

(b)  As a prerequisite to registration, a tattooist or body piercer applicant shall provide proof of an apprenticeship of at least 1,000 hours of experience obtained within one calendar year working under the direction and supervision of a body piercer or tattooist registered and in good standing with this state or the state in which he or she is regulated, and who has been in practice a minimum of three years.  Such proof may be in the form of a sworn affidavit from the supervising tattooist or body piercer, including information as the director may reasonably require on forms provided by the director.  Apprenticeships shall include successful completion of a three-hour course in universal precautions and infectious diseases.  Apprentices shall contact the office for the appropriate forms prior to beginning the apprenticeship.  For the purposes of this section, “good standing” shall mean that the tattooist or body piercer supervisor holds a current, unrestricted license.  A tattooist or body piercer who holds a restricted license may petition the director for permission to be a tattooist or body piercer supervisor, which may be granted by the director for good cause shown.

* * * Electrologists * * *

Sec. 101.  26 V.S.A. § 4401 is amended to read:

§ 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.  The practice of electrology requires adherence to strict sanitary and sterilization processes and, therefore, regulation should be by licensure of electrologists.

Sec. 102.  26 V.S.A. § 4403 is amended to read:

§ 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 licensed electrologist unless the person is certified licensed in accordance with this chapter.

(b)  No person shall practice or attempt to practice electrology, or hold himself or herself out as being able to do so, in this state without first having obtained a license as required by this chapter.

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

Sec. 103.  26 V.S.A. § 4404(a) is amended to read:

(a)  The director shall have the following duties:

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

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

(3)  administer fees established by law;

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

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

Sec. 104.  26 V.S.A. § 4405(a) is amended to read:

§ 4405.  ADVISOR APPOINTEES

(a)  The secretary of state shall appoint two certified licensed 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.

Sec. 105.  26 V.S.A. § 4406 is amended to read:

§ 4406.  ELIGIBILITY

To be eligible for certification licensure 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)  have satisfactorily completed a course of study of at least 600 hours at a school of electrolysis approved by an accrediting body recognized by the United States Department of Education the director in consultation with the advisor appointees which meets or exceeds the standards set by the American Electrology Association, and have passed the examination described in section 4407 of this title; or,

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

(C)  have been certified by the state of Vermont as an electrologist prior to July 1, 2005 and be in good standing; or

(D)  have obtained three years’ work experience as an electrologist immediately preceding July 1, 2001 2005.  To qualify, such work must have consisted of at least 500 hours per year as a practicing electrologist.  Applications for licensure under this subdivision shall be received by the office of professional regulation prior to January 1, 2006; or

(E)  have passed the examination required by section 4407 of this title within the three years prior to January 1, 2006.

Sec. 106.  26 V.S.A. § 4407 is amended to read:

§ 4407.  EXAMINATION

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

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

(c)  The director shall examine applicants for certification licensure 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.

Sec. 107.  26 V.S.A. § 4408 is amended to read:

§ 4408.  APPLICATION

A person who desires to be certified licensed 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 4412 of this title and evidence that the applicant meets the requirements set forth in section 4406 of this title.

Sec. 108.  26 V.S.A. § 4409 is amended to read:

§ 4409.  ELECTROLOGY OFFICE REGISTRATION LICENSE

(a)  No electrology office shall operate in this state without first registering with obtaining an electrology office license from the office of professional regulation and paying the fee provided in section 4410 4412 of this title. Registration Electrology office applications shall be in the form required by the director.

(b)  No electrology office shall be granted registration a license unless the office complies with this chapter and rules adopted under this chapter.

(c)  All Each electrology offices office shall have a designated person licensed electrologist responsible for overall cleanliness and sanitation of the office.

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

Sec. 109.  26 V.S.A. § 4410 is amended to read:
§ 4410.  RENEWALS; CONTINUING EDUCATION

(a)  Certificates Licenses shall be renewed every two years upon payment of the required fee, provided the person applying for renewal completes 20 10 hours of continuing education, approved by the director, during the preceding two-year period.  The continuing education requirement begins with the first full two-year renewal 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 licensee.  Upon receipt of the completed form and the renewal fee, the director shall issue a new certificate license.

(c)  Any application for reinstatement of a certificate license 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 license 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.  To demonstrate continuing competence, a person whose license has lapsed for more than five years shall document completion of 10 hours of continuing education and successfully complete the licensing examination prior to reinstatement of the license.

Sec. 110.  26 V.S.A. § 4411 is amended to read:

§ 4411.  UNPROFESSIONAL CONDUCT

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

Sec. 111.  26 V.S.A. § 4412 is amended to read:

§ 4412.  FEES

Applicants In addition to examination fees, applicants and persons licensees regulated under this chapter shall be subject to the following fees set forth in subsection 125(b) of Title 3:

(1)  Initial licensure                                              $100.00;

(2)  Biennial license renewal                                 $175.00;

(3)  Initial electrology office license                      $100.00;

(4)  Biennial office license renewal                       $50.00.

* * * Auctioneers * * *

Sec. 112.  26 V.S.A. § 4602(2) is amended to read:

(2)  “Auctioneer” means a person who, for a fee or other compensation, conducts, advertises, or offers services to conduct auctions.  Not included in this definition are persons required or authorized by law to sell real or personal property to retailers or merchants.

Sec. 113.  26 V.S.A. § 4606(a)(2) is amended to read:

(2)  completed an apprenticeship of at least 1,000 250 hours of experience obtained within one calendar year which includes active participation in at least six auctions, including bid calling, under the direction and supervision of an auctioneer licensed and in good standing with this state or the state in which he or she is licensed and who has been in practice a minimum of three years.  Such proof may be in the form of a sworn affidavit from the supervising auctioneer, including information as the director may reasonably require on forms provided by the director.  Auctioneer apprentices shall contact the office for the appropriate forms prior to beginning the apprenticeship.  Registered apprentices may perform auctioneering incidental to their apprenticeship under the direct supervision of a licensed auctioneer.

* * * Respiratory Care Practitioners * * *

Sec. 114.  26 V.S.A. § 4705(a) is amended to read:

(a)  The secretary of state shall appoint two respiratory care practitioners to serve as advisors in matters relating to respiratory care.  They shall be appointed for staggered three-year five-year terms and serve at the pleasure of the secretary.  One of the initial appointments shall be for less than a three-year five-year term.

Sec. 115.  26 V.S.A. § 4713(e) is amended to read:

(e)  The director may, after notice and opportunity for a reinstatement hearing, revoke a person’s right to renew licensure if the license has lapsed for five or more years.  If a respiratory care practitioner’s license has lapsed for more than five consecutive years, that person shall pay all applicable renewal and reinstatement fees and shall demonstrate competence to the director’s satisfaction by one or more of the following, as determined by the director:

(1)  documenting licensed practice in another state;

(2)  completing a remedial course;

(3)  completing continuing education requirements; or

(4)  passing an examination approved by the director.

* * * Motor Vehicle Racing * * *

Sec. 116.  26 V.S.A. chapter 93 is added to read:

Chapter 93.  Motor Vehicle Racing

§ 4801.  DEFINITIONS

As used in this chapter:

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

(2)  “Disciplinary action” means an action by an administrative law officer appointed under section 129 of Title 3 premised upon a finding of wrongdoing.  It also means a sanction of any kind, including denying, suspending, or revoking a permit or license, issuing warnings, and other sanctions.

(3)  “Motor vehicle” means a land vehicle propelled or drawn by power other than muscular power, including an automobile; midget, sprint, or stock car; go-cart; all-terrain vehicle; motorcycle; and snowmobile.

(4)  “Municipality” means a town, city, or village.

(5)  “Office” means the office of professional regulation.

(6)  “Permittee” means the permit holder.

(7)  “Race” means a race, scramble, demolition derby, or contest involving a motor vehicle as defined in this section at which prizes or other consideration is awarded to participants or admission is charged to spectators.  However, this subdivision shall not apply to sports car events as defined in subdivision (11) of this section.

(8)  “Regulation,” unless otherwise specified, means a regulation or rule or amendment, revision, or repeal of a regulation or rule adopted by the commission. 

(9)  “Scramble” means a motorcycle race on a prescribed course over rugged terrain, usually a half-mile or more in length.

(10)  “Selectboard” includes the mayor and board of aldermen or city council of a city, or the trustees of a village;

(11)  A “sports car event” is an event in which one motor vehicle at a time competes over a defined course against a set standard and includes standards as to time, distance, and performance, including rallies, gymkhanas, autocrosses, hill climbs, and performance trials.

§ 4802.  PERMIT REQUIRED

(a)  No person shall conduct or hold any race, without first acquiring a permit from the director and from the selectboard of the municipality where the race is to be held.  Permits duly signed and certified to by the selectboard and director shall be filed with the clerk in the municipality where the race is to be held.

(b)  A person violating any of the provisions of subsection (a) of this section shall be fined not more than $1,000.00 or imprisoned not more than 30 days, or both, for each occurrence.

§ 4803.  DIRECTOR; DUTIES

(a)  The director shall:

(1)  Provide general information to applicants for racing permits.

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

(3)  Administer fees as established by law.

(4)  Receive applications for permits, administer inspections of tracks, provide permits to applicants qualified under this chapter, and renew, revoke, and reinstate permits as ordered by an administrative law officer.

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

(b)  The director may adopt rules necessary to perform his or her duties under this chapter and shall establish safety standards for protection of the public pursuant to the provisions of this chapter.  The director shall seek the advice of the advisor appointees in drafting and adopting those rules.

§ 4804.  ADVISOR APPOINTEES

(a)  The secretary of state shall appoint three advisors for five-year terms to serve at the secretary’s pleasure in matters relating to motor vehicle racing.

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

§ 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.

§ 4806.  FEES; DISPOSITIONS

(a)  Notwithstanding the fee provisions of section 125 of Title 3, applicants and persons regulated under this chapter shall pay the following fees:

(1)  Application:

(A)  Auto racing permit  $800.00;

(B)  Go-cart or motorcycle racing permit  $500.00;

(C) Single auto racing permit  $1,250.00;

(D)  Single go-cart or motorcycle racing permit  $500.00;

(2)  Biennial renewal:

(A)  Auto racing permit  $2,500.00;

(B)  Go-cart or motorcycle racing permit  $500.00;

(C)  Single auto racing permit  $500.00;

(D)  Single go-cart or motorcycle racing permit  $500.00;

(b)  A municipality where a race is to be held may charge an additional fee, not to exceed the municipality’s costs associated with the race.

§ 4807.  RENEWALS

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

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

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

§ 4808.  PROOF OF INSURANCE REQUIRED

Permittees shall file with the director and the clerk of the municipality issuing a permit a liability insurance certificate showing a current policy covering bodily injury with limits of not less than $500,000.00 per individual and $2 million per event and property damage with limits of not less than

$2 million.

§ 4809.  REGULATIONS UNDER WHICH A RACE MAY BE

              CONDUCTED

The director shall adopt and publish, and from time to time may alter, amend, or repeal, safety rules pertaining to racing and track standards.  The safety standards set forth in section 4811 of this title shall be minimum standards only, and the director may prescribe additional or more stringent safety rules as circumstances may require.

§ 4810.  INSPECTION AND SUSPENSION

The director or his or her designees may inspect race facilities before or during any race and may suspend a permit immediately for failure to comply with this chapter or with any administrative rule or any of the conditions under which the permit was issued.

§ 4811.  SAFETY STANDARDS

Minimum safety standards for the conduct of any race covered by this chapter are established as follows:

(1)  Each race track shall have a substantial fence of steel wire or plank construction or other barrier not less than three feet high between the track and area designated for spectators.  No grandstand shall be constructed or spectators allowed on a curved side of a track.  For motorcycle, ATV, or snowmobile racing, each track shall have a snow fence or other suitable barrier not less than four feet high between the track and the area designated for spectators.  The outside portion of all tracks shall be a reasonable distance from the spectators.

(2)  Each racing promoter or permittee shall provide proper police protection, fire protection, and medical aid and enforce sanitary and health measures at all times.

(3)  Any driver shall have a legal operator’s license.  Any driver under the age of majority shall have the written consent of a parent or guardian.

(4)  No operator suspected of being in violation of section 1201 of Title 23 shall be permitted to drive in.

(5)  The enforcement of all track safety standards shall be under the jurisdiction of the director and the department of public safety and the cost of enforcement shall be paid by the permittee.

(6)  Any rules adopted by the director or permittee for the protection of life, health, and property shall be posted in a conspicuous place at all times.

§ 4812.  POLICE PROTECTION

Adequate police protection within the grounds and the vicinity of a race and the adjacent public highways shall be provided by the permittee as required by the director.  Expenses for police protection shall be borne by the permittee, and no funds shall be expended from the appropriation of the department of public safety for that protection.

§ 4813.  UNPROFESSIONAL CONDUCT

(a)  A permittee shall not engage in unprofessional conduct.  When unprofessional conduct is committed by an applicant, it may be grounds for denial of the application or other disciplinary action.

(b)  Unprofessional conduct means a failure to comply with the provisions of this chapter, the safety standards set forth by administrative rule, or the conduct set forth in section 129a of Title 3.

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

Sec. 117.  REPEAL

The following sections are repealed:

(1)  In 26 V.S.A.: §§ 762 (officers and annual reports of the state board of dental examiners); 1181a (transient practice for professional engineers); 1212a (advisor appointees for crematory establishments); 2106a (fees for physical therapists); 2664 (duties of treasurer of the board of examiners of opticians); 2665(a)(5) (annual reporting requirement of the board of examiners of opticians); 2666 (recording and publication requirements of the board of examiners of opticians); 2678 (initial appointments of the board of examiners of opticians); 2679 (general fund payments relating to the board of examiners of opticians); 3008 (removal of the board of psychological examiners members); and 3009b (procedure before the board of psychological examiners);

(2)  31 V.S.A. chapter 7 (motor vehicle races);

(3)  In 32 V.S.A.: §§ 1102 (per diems for members of the state board of osteopathic registration); 1103 (per diems and expense reimbursement for members of the board of dental examiners); 1104 (per diems for members of the state board of optometry); 1105 (per diems for members of the state board of chiropractic examination and registration); 1106 (per diems for members of the state board of nursing); 1107 (per diems for members of the board of funeral service); and 1108 (per diems for members of the state veterinary board).



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us