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H.871

AN ACT RELATING TO PROFESSIONS AND OCCUPATIONS

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

First:  By adding four new sections to be numbered Secs. 4a, 4b, 4c, 4d, 4e, and 4f to read as follows:

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

§ 2901.  PUNISHMENT FOR PERJURY

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

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

§ 2901a.  PERJURY BY INCONSISTENT STATEMENTS

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

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

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

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

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

§ 2906.  INFORMATION AND INDICTMENT FOR PERJURY

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

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

§ 3015.  OBSTRUCTION OF JUSTICE

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

Sec. 4e.  REPEAL

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

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

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

Second:  In Sec. 9, 26 V.S.A. § 851, by striking out the following:  “$25.00” and inserting in lieu thereof the following: the initial application fee

Third:  By striking out Secs. 15 and 16 in their entirety and inserting in lieu thereof new Secs. 15 and 16 to read as follows:

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

§ 1724a.  FORMULARY; DIRECTOR OF THE OFFICE OF

                PROFESSIONAL REGULATION

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

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

§ 1728c.  USE OF ORAL THERAPEUTIC PHARMACEUTICAL AGENT;

                COMMUNICATION WITH PRIMARY CARE PROVIDER

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

Fourth:  In Sec. 17, 26 V.S.A. § 2032(f), in the first sentence, by striking out the following:  “one year” and inserting in lieu thereof the following:  two years

Fifth:  By striking out Sec. 53 in its entirety.

 



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us