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H.199

AN ACT RELATING TO REGULATION OF PROFESSIONS AND OCCUPATIONS

The Senate proposes to the House to amend the bill as follows:

First:  By striking out Sec. 1 in its entirety and inserting in lieu thereof a new Sec. 1 to read as follows:

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

(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.

Second:  In Sec. 43, 26 V.S.A. § 1256(e), by striking out the words “or embalmer

Third:  By striking out Sec. 7 in its entirety.

Fourth:  By adding a new section to be numbered Sec. 44a to read as follows:

Sec. 44a.  26 V.S.A. § 1272 is amended to read:

§ 1272.  RULES

The board, with the assistance of the office of professional regulation, shall adopt rules to carry out the provisions of this subchapter to insure the proper handling of all funds paid pursuant to a prepaid funeral agreement and to protect consumers in the event of default.  The rules shall include provisions relating to the following:

* * *

(2)  The appointment of an escrow agent who may be a bank or other category of individual such as an attorney, a local elected official, next of kin, or the executor of a buyer’s estate.  All prepaid arrangement funds shall be paid directly to the escrow agent and not to the funeral director or establishment.

* * *

(6)  Records to be kept, manner of disclosure, and clauses to be included in contracts, including pre-need trust forms, and agreements.  Records shall include a copy of the prepaid arrangement check which shall be kept in the prepaid account file maintained by the funeral director.

* * *

(9)  Establishment of a funeral services trust account.  For purposes of funding the funeral services trust account, the board or the office of professional regulation shall assess each funeral or crematory establishment a per funeral, burial, or disposition fee of $6.00.  The account shall be administered by the secretary of state and shall be used for the sole purpose of protecting prepaid funeral contract holders in the event a funeral establishment defaults on its obligations under the contract.  The account shall consist of all fees collected under this subdivision and any assessments authorized by the general assembly.  The principal and interest remaining in the account at the close of any fiscal year shall not revert but shall remain in the account for use in succeeding fiscal years.  Notwithstanding the foregoing, if the fund balance at the beginning of a fiscal year is at least $200,000.00, no fees shall be imposed during that fiscal year.  Payments on consumer claims from the fund shall be made on warrants by the commissioner of finance and management, at the direction of the board of funeral services.  When an investigation reveals financial discrepancies within a licensed establishment, the director may order an audit to determine the existence of possible claims on the funeral services trust account.  In cases where both a funeral and crematory establishment are involved in a disposition, the party receiving the burial permit shall be responsible for the disposition fee.

Fifth:  By adding a new section to be numbered Sec. 89a to read as follows:

Sec. 89a.  26 V.S.A. § 3162(7) is amended to read:

(7)  Adopt rules establishing a security guard or private investigator training program, consisting of not fewer than 40 hours of training, as a prerequisite to registration.  Full-time employees shall complete the training program prior to being issued a permanent registration.  Part-time employees shall complete not fewer than eight hours of training prior to being issued a part-time employee temporary registration which shall be valid for 180 days.  The remaining training hours for part-time employees shall be completed within the temporary registration period of 180 days or before the employee has worked 500 hours, whichever occurs first.  The part-time employee temporary registration shall expire after 180 days or 500 hours.  For the purposes of this section, “part-time employee” means an employee who works no more than 80 hours per month.  The board may prioritize training subjects to require that certain subject areas are covered in the initial eight hours of training required for part-time employees.

Sixth:  By striking out Sec. 97 in it entirety and inserting in lieu thereof a new Sec. 97 to read as follows:

Sec. 97.  26 V.S.A. § 4037 is amended to read:

§ 4037.  ELIGIBILITY

To be eligible for licensure as a marriage and family therapist, an applicant:

(1)  Shall have successfully:

(A)(i)  completed either a graduate degree program in marriage and family therapy at an institution that is accredited by both a regional educational accrediting body and the commission, or a post-graduate training institute that is accredited by the commission; or

(ii)  obtained a graduate degree focusing on marriage and family therapy, as defined by the board by rule, at an institution that is accredited by a regional or national educational accrediting body recognized by the United States Department of Education and approved by the board; and

(B)  met specific graduate credit and course requirements for licensure as set forth by the board by rule.

(2)  [Deleted.]

(3)  Shall have successfully completed a two calendar year 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.

(4)  Shall have passed an examination as provided in section 4038 of this title.

 



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us