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BILL AS INTRODUCED 2007-2008

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H.368

Introduced by Committee on Government Operations

Date:

Subject:  Professions and occupations

Statement of purpose:  This bill proposes to modify statutory provisions relating to the office of professional regulation and the following professions and occupations:  nursing home administrators; accountants; architects; barbers and cosmetologists; chiropractors; dentists and dental hygienists; embalmers; professional engineers; funeral directors; nurses; optometrists; osteopathic physicians; pharmacists; real estate brokers and salespersons; veterinarians; land surveyors; opticians; radiologic technologists; psychologists; clinical social workers; clinical mental health counselors; hearing aid dispensers; real estate appraisers; occupational therapists and occupational therapist assistants; dieticians; private investigative and security services; acupuncturists; marriage and family therapists; psychoanalysts; psychotherapists; tattooists and body piercers; naturopathic physicians; athletic trainers; midwives; electrologists; speech language pathologists and audiologists; auctioneers; respiratory care; motor vehicle racing; and alcohol and drug abuse counselors.

AN ACT RELATING TO THE REGULATION OF PROFESSIONS AND OCCUPATIONS

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

Sec. 1.  3 V.S.A. § 129 is amended to read:

§ 129.  POWERS OF BOARDS; DISCIPLINE PROCESS

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

* * *

(3)  Issue warnings or reprimands, suspend, revoke, limit, condition, or prevent renewal of licenses, after disciplinary hearings or, in cases requiring emergency action, immediately suspend, 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.

* * *

(13)  Administer a Vermont statutes and rules examination as a condition of licensure, renewal, or reinstatement.

(b)  A board or the director, in the case of professions which have advisor appointees, shall receive complaints from any source, or may investigate without receiving a complaint.

(c)  A board may assign one or more members of the board to investigate complaints and license applications.  These members shall have the assistance of an investigator for the office and an attorney assigned by the office of professional regulation who shall be responsible for prosecuting disciplinary and licensing cases before the board.  In the case of professions which have advisor appointees, the secretary may designate one or more of the advisor appointees or other licensed or certified members of the profession to assist in the investigation.  While acting in this capacity, a board member or advisor appointee shall not sit in adjudication of the case and shall not participate in ex parte communications with other board members regarding the case.  When a board is unable to assign one or more members to investigate complaints or license applications by reason of disqualification, resignation, vacancy or necessary absence, the secretary of state may, at the request of the board, appoint ad hoc members to serve on the board for investigation of that matter only.  Ad hoc members shall have the same qualifications as required by law for the absent members.

* * *

Sec. 2.  3 V.S.A. § 129b is amended to read:

§ 129b.  BOARD MEMBER AND ADVISOR APPOINTMENTS

(a)  Notwithstanding any provision of law to the contrary relating to terms of office and appointments for members of boards attached to the office of professional regulation, all board members appointed by the governor shall be appointed for staggered five-year terms and shall serve at the pleasure of the governor.  Appointments under this section shall not be subject to the advice and consent of the senate.  The governor may remove any member of a board as provided in section 2004 of this title.  Vacancies created other than by expiration of a term shall be filled in the same manner that the initial appointment was made for the unexpired portion of the term.  Terms shall begin on January 1 of the year of appointment and run through December 31 of the last year of the term.  The governor may request nominations from any source but shall not be bound to select board members from among the persons nominated.  As provided in section 2004 of this title, board members shall hold office and serve until a successor has been appointed.

* * *

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

* * * Nursing Home Administrators * * *

Sec. 3.  18 V.S.A. chapter 46 is amended to read:

Chapter 46.  NURSING HOME ADMINISTRATORS

§ 2051.  DEFINITIONS

For the purposes of this chapter, unless the context otherwise clearly requires:

(1)  “Board” means the Vermont state board of examiners for nursing home administrators.  “Director” means the director of the office of professional regulation.

(2)  “Nursing home” means any institution or facility, whether proprietary or nonproprietary, defined as a nursing home for licensing purposes pursuant to subdivision 2002(7) of this title, or the equivalent facility or facilities as defined by the secretary of the United States department of health and human services.

(3)  “Nursing home administrator” means a person who is duly licensed by the board of examiners for nursing home administrators director and who is charged with the general administration of a nursing home whether or not the individual has an ownership interest in the home and whether or not his functions and duties are shared with one or more other individuals.

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

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

(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 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 infirm;

(3)  one 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 of the following: 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.

(a)  The secretary of state shall appoint two advisors as set forth in section 129b of Title 3.  One of the initial appointments may be for less than a five‑year term.  One of the appointees shall have not less than three years’ experience as a nursing home administrator immediately preceding appointment and shall be actively engaged in nursing home administration in Vermont during incumbency.  The other appointee shall have not less than three years’ experience as a licensed health care provider engaged in the care of the chronically ill.

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

§ 2053.  DUTIES AND POWERS OF THE BOARD DIRECTOR; DUTIES; POWERS

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

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

(2)  set requirements for licensure;

(3)(2)  provide general information to applicants;

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

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

(6)  investigate suspected unprofessional conduct receive applications for licensure, license applicants under this chapter, renew licenses, and revoke, reinstate or condition licenses as ordered by an administrative law officer.

(b)  The board director may:

(1)  adopt rules concerning continuing education requirements;

(2)  conduct hearings adopt rules necessary to perform his or her duties under this chapter; and

(3)  adopt rules of professional conduct.

§ 2054.  EXCLUSIVE JURISDICTION OF THE BOARD DIRECTOR

The board director, with the advice of the advisors appointed under this chapter, shall have exclusive authority to determine the qualifications, skill, and fitness of any person to serve as an administrator of a nursing home under the provisions of this chapter, and a licensee under the provisions of this chapter shall be qualified to serve as the administrator of a nursing home.

§ 2055.  GENERAL REQUIREMENTS FOR LICENSURE

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

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

(2)  in the judgment of the board director, the applicant has satisfactorily completed a course of instruction or training and met the requirements adopted by rule by the board; or

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

* * *

§ 2057.  LICENSING

(a)  The board director shall license nursing home administrators in accordance with rules and regulations issued adopted, and from time to time revised, by it.  A nursing home administrator’s license may not be transferred and shall be valid until surrendered for cancellation or suspended or revoked for violation of this chapter or any other laws or regulations relating to the proper administration and management of a nursing home.  Denial of issuance or renewal, suspension or revocation under any section of this chapter shall be appealable to a superior court in the manner provided in section 130a of Title 3.

(b)  Every holder of a nursing home administrator’s license shall renew it biennially, by making application to the board director.  Renewals of licenses shall be granted as a matter of course, unless the board an administrative law officer finds, after due notice and hearing, that the applicant has acted or failed to act in such manner, or under circumstances, as would constitute grounds for suspension or revocation of a license.  The board director may by rule require that a license holder complete not more than 40 hours of approved instruction every two years as a condition of renewal. 

* * *

§ 2059.  RECIPROCITY LICENSURE BY ENDORSEMENT

The board director 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 director finds that the standards for licensing in the other jurisdiction are substantially equivalent to those in this state. 

§ 2060.  VIOLATIONS AND PENALTIES

A person who practices, or offers to practice nursing home administration in this state, without being licensed in accordance with this chapter, or any person presenting or attempting to use as his own the license of another, or a person who gives any false or forged evidence of any kind to the board or to any member thereof in attempting to obtain a license, or a person who falsely impersonates another licensee, or a person who attempts to use an expired or revoked license or any person who violates any of the provisions of this chapter shall be imprisoned for not more than six months or fined not more than  $500.00, or both subject to the penalties provided in subsection 127(c) of Title 3

§ 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 director, 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 director shall not renew such a provisional license, nor shall the board director 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. 

* * * Accountants * * *

Sec. 4.  26 V.S.A. § 13 is amended to read:

§ 13.  DEFINITIONS

For the purposes of this chapter:

(1)(A)  “Attest services” means providing the following financial statement services:

(i)  any audit or other engagement to be performed in accordance with the Statements on Auditing Standards (SAS);

(ii)  any review of a financial statement or compilation of a financial statement to be performed in accordance with the Statement on Standards for Accounting and Review Services (SSARS);

(iii)  any examination of prospective financial information to be performed in accordance with the Statements on Standards for Attestation Engagements (SSAE); or

(iv)  any engagement to be performed in accordance with the standards or the Public Company Accounting Oversight Board (PCAOB).

* * *

(5)  “Good character” means fiscal integrity, and a lack of any history of acts involving dishonesty and moral turpitude, false statements, or fraud.

* * *

(10)  “State” includes the states of the United States, the District of Columbia, Puerto Rico, Guam, and the U.S. Virgin Islands, and other jurisdictions recognized by the National Association of State Boards of Accountancy (NASBA).

Sec. 5.  26 V.S.A. § 14 is amended to read:

§ 14.  PROHIBITIONS

(a)  No person or firm shall issue a report on financial statements of, or provide attest services for, any other person, firm, organization, or governmental unit unless the person or firm is licensed or registered under this chapter.  This prohibition does not apply to an officer, partner, or employee of any firm or organization affixing their signature to any statement or report in reference to the financial affairs of such firm or organization with any wording designating the position, title, or office that they hold therein; nor prohibit any act of a public official or employee in the performance of his or her duties as such; nor prohibit the performance by any persons of other services involving the use of accounting skills, including the preparation of tax returns, management advisory services, and the preparation of financial statements without the issuance of reports thereon.

* * *

(g)  The prohibition contained in subsection (a) of this section is applicable to issuance, by a person or firm not holding a valid license or registration, of a report using any form of language conventionally used by public accountants with respect to an audit, review or, compilation of financial statements, or other attest services.

* * *

Sec. 6.  26 V.S.A. § 15 is amended to read:

§ 15.  EXEMPTIONS

(a)  Nothing in this chapter prohibits an individual person from serving as an employee of, or an assistant to, a public accountant or a firm composed of public accountants.  However, an employee or assistant who is not licensed or registered under this chapter shall not practice public accounting in his or her own name.

(b)  A public accountant of another state, or any accountant who is qualified for the practice of public accounting in a foreign country may:

(1)  use a title granted by that state or country, together with any suitable translation into English of that title, and, if a foreign country, the name of that country;

(2)  temporarily practice public accounting after registering with the board under section 74a of this title;

(3)  [Deleted.]

(c)(b)  Nothing in this chapter prohibits a federal, state, or municipal officer or employee from performing the lawful functions and duties of any office or service required.

(d)(c)  Nothing in this chapter prohibits an officer, employee, partner, or principal of any organization from:

(1)  signing a statement or report in reference to the affairs of that organization, with wording designating the title held in the organization; or

(2)  describing himself or herself by title.

(e)(d)  Nothing in this chapter prohibits a person from offering or rendering to the public bookkeeping and tax services, including devising and installing systems, recording and presenting financial information or data, preparing financial statements, schedules, reports, and exhibits, and similar services.

(f)(e)  Nothing in this chapter prohibits an individual person from using a title previously held as a public accountant licensed or certified in this or any other state, provided that the person’s license or certificate was not revoked or suspended, and provided further that the person is not currently engaged in the practice of public accounting and does not use the title for the purpose of practicing public accounting.

(g)(f)  Nothing in this chapter shall be construed to prohibit other licensed or certified professionals from carrying on in the usual manner any of the functions of their professions. 

Sec. 7.  26 V.S.A. § 17 is amended to read:

§ 17.  PENALTY

Any person who violates any provision of section 14 of this title shall be fined not more than $1,000.00, or imprisoned for not more than 30 days, or both, for each violation subject to the penalties set forth in subsection 127(c) of Title 3.

Sec. 8.  26 V.S.A. § 51 is amended to read:

§ 51.  CREATION OF BOARD

(a)  A board of public accountancy is created, consisting of five members, who shall be residents of this state.

(b)  One At least one member of the board shall be a member of the public who has no pecuniary interest in accounting other than as a consumer or possible consumer of its services.  The member shall have no pecuniary interest personally or through a spouse, parent, child, brother, or sister.

(c)  At least three members of the board shall be licensed certified public accountants.

(d)  At least one member of the board shall be a licensed registered public accountant.  In the event that a registered public accountant is unavailable to serve as a board member, that vacancy shall be filled by a licensed certified public accountant or a public member.

(e)  Board members shall be appointed for five-year terms by the governor in accordance with section 129b of Title 3. 

Sec. 9.  26 V.S.A. § 54(b) is amended to read:

(b)  The board may:

* * *

(9)  seek and obtain injunctions to restrain violations of section 14 of this title or unprofessional conduct; and

(10)  cooperate with licensing and regulatory authorities in other jurisdictions to investigate suspected violations of section 14 of this title and suspected unprofessional conduct; and

(11)  adopt rules regarding peer reviews that may be required to be performed under this chapter.


Sec. 10.  26 V.S.A. § 71a is amended to read:

§ 71 A.  CERTIFIED PUBLIC ACCOUNTANT LICENSES LICENSE BY
  EXAMINATION

(a)  A license as a “certified public accountant” shall be granted by the board to any person:

(1)  who is of good character;

(2)  who completes:

(A)(i)  60 or more semester hours of college credit at a college or university recognized by the board, including a minimum of 30 semester hours of accounting, auditing and related subjects as the board determines to be appropriate, and four years of experience in public accounting, meeting the requirements prescribed by board rule or other experience or employment which the board in its discretion considers substantially equivalent; or

(ii)  120 or more semester hours of college credit at a college or university recognized by the board, including a minimum of 30 semester hours of accounting, auditing and related subjects as the board determines to be appropriate, and two years of experience in public accounting, meeting the requirements prescribed by board rule or other experience or employment which the board in its discretion considers substantially equivalent; or

(iii)(ii)  150 or more semester hours of college credit at a college or university recognized by the board, including a minimum of 42 semester hours of accounting, auditing and related subjects as the board determines to be appropriate, and one year of experience in public accounting, meeting the requirements prescribed by board rule or other experience or employment which the board in its discretion considers substantially equivalent; and

(B)  who has passed the examination required under subsection (b) of this section.

(b)  The Examinations shall be held by the board, and the board shall use the a nationally recognized uniform certified public accountants’ examination and advisory grading service of the American Institute of Certified Public Accountants to assist it

Sec. 11.  26 V.S.A. § 72a is amended to read:

§ 72a.  GENERAL LICENSING PROVISIONS

(a)  If a licensee has a principal place of business for the practice of public accounting, the license shall be prominently displayed at that place.

(b)  Licensing standards adopted and used by the board, and its procedures, shall be fair and reasonable and shall be designed and implemented to measure and reasonably ensure an applicant’s qualifications to practice public accounting.  They shall not be designed or implemented for the purpose of limiting the number of licensees.

(c)  Without requiring an examination, the board shall issue an appropriate license to a public accountant who is licensed or certified under the laws of another state:

(1)  with education, examination and experience requirements which the board considers to be substantially equal to those of this state; or

(2)  upon a showing that the applicant has had five years of experience in the practice of public accountancy or meets equivalent requirements prescribed by the board by rule within the ten years immediately preceding the application; and

(3)  has fulfilled the requirements of continuing education or continuing professional competence programs that would have been applicable under subsection (b) of section 75 of this title.

(d)  Examinations for each license shall be held by the board as often as the board determines, but not less frequently than once each year.

(e)  An applicant of good character who has met the education requirements of the board for a license, or who expects to meet it within 60 days following the examination, may take the examination without waiting until the applicant meets the education requirement.  No credit shall be given for the examination if the education requirement is not completed within the next 60 days or within a longer time granted by the board on application.

(f)  [Deleted.] 

An applicant of good character who meets the education requirements of the board for a license, or who expects to meet it within 60 days following the examination, may take the examination without waiting until the applicant meets the education requirement.  No credit shall be given for the examination if the education requirement is not completed within the next 60 days or within a longer time granted by the board upon application.

Sec. 12.  26 V.S.A. § 72b is added to read:

§ 72b.  LICENSURE BY ENDORSEMENT

Without requiring an examination, the board shall issue an appropriate license to a public accountant who is licensed or certified under the laws of another state:

(1)  with education, examination, and experience requirements which the board considers to be substantially equal to those of this state; or

(2)(A)  upon a showing that the applicant has had five years of experience in the practice of public accountancy or meets equivalent requirements prescribed by the board by rule within the ten years immediately preceding the application; and

(B)  has fulfilled the requirements of continuing education or continuing professional competence programs that would have been applicable under subsection 75(b) of this title.


Sec. 13.  26 V.S.A. § 74 is amended to read:

§ 74.  FIRMS; REGISTRATION AND OWNERSHIP

* * *

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

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

Sec. 14.  26 V.S.A. § 74a is amended to read:

§ 74a.  REGISTRATION OF NONRESIDENT FIRMS REGISTRATION

(a)  All nonresident firms and sole proprietorships licensed or registered in another state or country who desire to temporarily practice in the state must register with the board and pay the required fee.  The board shall adopt rules prescribing the procedure to be followed in carrying out the registrations.  Registrations under this section shall expire three months after issuance.  “Firm” is as defined in subdivision 13(4) of this title.

(b)  All nonresident firms and sole proprietorships providing public accounting services in the state of Vermont must be registered and obtain a firm registration number. 

Sec. 15.  26 V.S.A. § 82(c) is amended to read:

(c)  Nothing in this chapter prohibits a firm or any of its employees, from disclosing any data to other public accountants, report peer review teams, or partnerships or corporations of public accountants engaged in conducting report peer reviews under the auspices of a recognized professional association, or any of their employees, in connection with report peer reviews of the accountant’s accounting and auditing practice.

* * * Architects * * *

Sec. 16.  26 V.S.A. § 122(b) is amended to read:

(b)  A person who violates any of the provisions of subsection (a) of this section shall be guilty of a misdemeanor and shall be fined not more than $5,000.00 subject to the penalties provided in subsection 127(c) of Title 3.

* * * Barbers and Cosmetologists * * *

Sec. 17.  26 V.S.A. § 274 is amended to read:

§ 274.  PENALTY

A person who violates any provision of section 272 of this title shall be fined not more than $1,000.00 for each violation subject to the penalties provided in subsection 127(c) of Title 3.

* * * Chiropractors * * *

Sec. 18.  26 V.S.A. § 522(d) is amended to read:

(d)  A person who violates the provisions of this section shall be imprisoned not more than one year or fined not more than $5,000.00 nor less than $500.00, or both subject to the penalties provided in subsection 127(c) of Title 3

* * * Dentists and Dental Hygienists * * *

Sec. 19.  26 V.S.A. § 723(c) is amended to read:

(c)  No person may practice dentistry without having first obtained a license from the board.  A person who violates this subsection or subsection (a) of this section shall be subject to the penalties provided in subsection 127(c) of Title 3.

* * * Embalmers * * *

Sec. 20.  26 V.S.A. § 934 is amended to read:

§ 934.  PENALTIES

A person who violates a provision of sections 931-933 of this title shall be fined not more than $1,000.00, nor less than $500.00 and the board may suspend or revoke the person's license subject to the penalties provided in subsection 127(c) of Title 3.


* * * Professional Engineers * * *

Sec. 21.  26 V.S.A. § 1162(a) is amended to read:

(a)  No person shall engage in the practice of professional engineering unless he the person is licensed under or exempt from this chapter.  A person found guilty of violating this section shall be fined not more than $1,000.00 or imprisoned not more than 30 days, or both, for each occurrence subject to the penalties provided in subsection 127(c) of Title 3.

Sec. 22.  26 V.S.A. § 1171(c)(3) is amended to read:

(3)  Of the four members appointed under this subsection, at the time of appointment:

(A)  three persons shall have been engaged in the practice of professional engineering for at least 12 years, at least five of which have been in responsible charge of important engineering work; and

(B)  one person shall have become licensed under this chapter after written examination taken in the five preceding years.

Sec. 23.  26 V.S.A. § 1176 is amended to read:

§ 1176.  FEES

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

(1)  Application for engineering license                 $ 100.00

(2)  Application for engineer intern certificate       $   50.00

(3)  Biennial renewal                                                        $ 100.00

(4)  Transient practice permit                                           $   30.00 

* * * Funeral Directors * * *

Sec. 24.  26 V.S.A. § 1215 is amended to read:

§ 1215.  PENALTIES; JURISDICTION OF OFFENSES

A person who violates a provision of this chapter shall be fined not more than $1,000.00, nor less than $500.00 per violation. Superior and district courts shall have concurrent jurisdiction of such offenses engages in the practice of funeral services without a license shall be subject to the penalties provided in subsection 127(c) of Title 3.

* * * Nurses * * *

Sec. 25.  26 V.S.A. § 1574 is amended to read:

§ 1574.  POWERS AND DUTIES

The board shall:

* * *

(8)  Compel the attendance of witnesses and the furnishing of evidentiary material in connection with a hearing by subpoenas issued by the executive officer of the board with the approval of the board; and

(9)  Adopt rules necessary to perform its duties under this subchapter.


Sec.  26.  26 V.S.A. § 1579(a) is amended to read:

(a)  Licenses shall be renewed by the board for periods of up to two years according to a schedule for renewal established under subdivision 114(c)(12) of Title 3.

Sec. 27.  26 V.S.A. § 1584 is amended to read:

§ 1584.  PROHIBITIONS; OFFENSES

* * *

(b)  Violations of this section shall be punishable by a fine of not more than $1,000.00 or imprisonment for not more than six months, or both  Any person violating this section shall be subject to the penalties provided in subsection 127(c) of Title 3.

(c)  Violations of this chapter shall be prosecuted by the attorney general or the state’s attorney of the county in which the violation occurred.  In addition, the attorney general, or a state’s attorney may seek an injunction in any court of competent jurisdiction to enjoin any person who is not currently licensed from practicing as a registered or practical nurse.

Sec. 28.  26 V.S.A. § 1597 is amended to read:

§ 1597.  APPEALS

A person aggrieved by an action of the board under this subchapter may appeal on the record to the supreme court in the manner provided by section 130a of Title 3.

* * * Optometrists * * *

Sec. 29.  26 V.S.A. § 1704 is amended to read:

§ 1704.  PENALTIES

A person who violates a provision of this chapter or who obtains a license by fraud or misrepresentation shall be imprisoned not more than 90 days or fined not more than $5,000.00, or both or who practices or attempts to practice optometry or hold himself or herself out as being able to do so in this state without first having obtained the license required by this chapter shall be subject to the penalties provided in subsection 127(c) of Title 3

* * * Osteopathic Physicians * * *

Sec. 30.  26 V.S.A. § 1752(b) is amended to read:

(b)  A person violating any of the provisions of subsection (a) of this section shall be imprisoned not more than one year or fined not more than $5,000.00 nor less than $500.00, or both subject to the penalties provided in subsection 127(c) of Title 3.

* * * Pharmacists * * *

Sec. 31.  26 V.S.A. § 2041(b) is amended to read:

(b)  Any person who shall be found by the board after hearing to have unlawfully engaged in the practice of pharmacy shall be subject to disciplinary action.  For the purpose of enforcing this section, the attorney general or a state’s attorney or an attorney assigned by the office of professional regulation may commence a criminal action against any person unlawfully engaging in the practice of pharmacy, and upon conviction, the person may be punished by imprisonment not to exceed six months or by a fine not to exceed $1,000.00, or both shall be subject to the penalties provided in subsection 127(c) of Title 3

Sec. 32.  26 V.S.A. § 2052 is amended to read:

§ 2052.  PENALTIES AND REINSTATEMENT

(a)  Upon the finding, after notice and opportunity for hearing, of the existence of grounds for discipline of any person or any drug outlet holding a license, under the provisions of this chapter, the board of pharmacy may impose one or more of the following penalties:

* * *

(7)  An administrative penalty not to exceed $1,000.00 for each unprofessional conduct violation as provided in subsection 129a(d) of Title 3.

Any money received from the imposition of an administrative penalty imposed under this section shall be deposited in the general fund.

* * *

(d)  All final decisions by the board shall be subject to review pursuant to 3 V.S.A. § 130 section 130a of Title 3


* * * Real Estate Brokers and Salespersons * * *

Sec. 33.  26 V.S.A. § 2213 is amended to read:

§ 2213.  PENALTIES

A person who shall violate any provision of this chapter shall be fined not more than $2,500.00 subject to the penalties provided in subsection 127(c) of Title 3.

* * * Veterinarians * * *

Sec. 34.  26 V.S.A. § 2402(b) is amended to read:

(b)  A person who violates a provision of this chapter subdivision (a)(1), (2), or (3) of this section or who obtains a license by fraud or misrepresentation shall be imprisoned not more than 90 days nor less than 30 days or fined not less than $500.00 or more than $5,000.00, or both subject to the penalties provided in subsection 127(c) of Title 3.

Sec. 35.  26 V.S.A. § 2424(a) is amended to read:

(a)  The director of the office of professional regulation, with approval of the board, shall, upon application and payment of the required fee, issue a license without a written examination to a person who:

(1)  holds a current license in good standing in another state, a territory of the United States or a Canadian province; and

(2)  has passed:

* * *

(C)  an equivalent examination, as established by the board; and

(3)  has actively practiced clinical veterinary medicine for 3,000 hours during the three years preceding application.

* * * Land Surveyors * * *

Sec. 36.  26 V.S.A. § 2504 is amended to read:

§ 2504.  PENALTIES AND ENFORCEMENT

(a)  A person who violates this chapter shall be fined not more than $2,000.00 subject to the penalties provided in subsection 127(c) of Title 3.

(b)  The attorney general may bring an action for injunctive relief to enforce the provisions of this chapter.

* * * Opticians * * *

Sec. 37.  26 V.S.A. § 2654 is amended to read:

§ 2654.  PENALTIES

Any person who violates a provision of this chapter section 2652 of this title shall be fined not more than $500.00 for the first offense, and for each subsequent offense not more than $1,000.00 or be imprisoned not more than 6 months, or both subject to the penalties provided in subsection 127(c) of Title 3.


* * * Radiologic Technologists * * *

Sec. 38.  26 V.S.A. § 2805 is amended to read:

§ 2805.  PENALTY AND ENFORCEMENT

(a)  A person found guilty of violating sections section 2802 or 2804 of this title shall be fined not more than $1,000.00 or imprisoned not more than 30 days, or both, for each occurrence subject to the penalties provided in subsection 127(c) of Title 3.

(b)  In addition to the power of criminal enforcement, the attorney general or a state’s attorney may bring a civil action to restrain continuing violations of this section.

* * * Psychologists * * *

Sec. 39.  26 V.S.A. § 3003 is amended to read:

§ 3003.  PENALTIES

(a)  A person who violates section 3002 of this title shall be imprisoned not more than two months or fined not more than $5,000.00, or both subject to the penalties provided in subsection 127(c) of Title 3.

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


* * * Private Investigative and Security Services * * *

Sec. 40.  26 V.S.A. § 3179(a) is amended to read:

§ 3179.  PENALTIES

(a)  Persons who hold themselves out as engaging in the business of, or engage in the A person who engages in the practice or business of a private detective or security guard without first having obtained a license or who are not acting as a registered employee for a licensed detective or licensed security guard or agency, shall be guilty of a misdemeanor and subject to a fine of not more than $1,000.00 or imprisonment for not more than six months, or both being licensed under to this chapter shall be subject to the penalties provided in subsection 127(c) of Title 3.

* * * Clinical Social Workers * * *

Sec. 41.  26 V.S.A. § 3202(b) is amended to read:

(b)  A person who violates any of the provisions of subsection (a) of this section shall be fined not more than $5,000.00 or imprisoned for not more than 60 days, or both subject to the penalties provided in subsection 127(c) of Title 3.

Sec. 42.  26 V.S.A. § 3204(a) is amended to read:

(a)  The secretary of state shall appoint two licensed clinical social workers to serve as advisors in matters relating to licensed clinical social workers.  They shall be appointed for staggered three-year terms as set forth in section 129b of Title 3 and shall serve at the pleasure of the secretary.  One of the initial appointments may be for less than a three-year full term.

* * * Clinical Mental Health Counselors * * *

Sec. 43.  26 V.S.A. § 3262(b) is amended to read:

(b)  A person who violates this section shall be fined not more than $1,000.00 subject to the penalties provided in subsection 127(c) of Title 3.

Sec. 44.  26 V.S.A. § 3268 is amended to read:

§ 3268.  LICENSING WITHOUT EXAMINATION

The board may waive the examination requirement if the applicant is a clinical mental health counselor regulated under the laws of another jurisdiction, who is in good standing to practice clinical mental health counseling in that jurisdiction, and, in the opinion of the board, the standards and qualifications required for regulation of clinical mental health counseling in that jurisdiction are substantially equivalent to those required by this chapter.  The board may adopt by rule criteria for licensing clinical mental health counselors who have five years’ licensed or certified practice experience in another jurisdiction of the United States or Canada.

Sec. 45.  26 V.S.A. § 3271(a)(4) is amended to read:

(4)  engaging in any sexual conduct with a client, or with the immediate family member of a client, with whom the licensee has had a professional relationship within the previous two five years;

* * * Hearing Aid Dispensers * * *

Sec. 46.  26 V.S.A. § 3287(a) is amended to read:

(a)  The secretary shall appoint three licensed hearing aid dispensers to serve as advisors in matters related to hearing aid dispensers.  One member shall be an otolaryngologist; one shall be an audiologist; and one shall be a hearing aid dispenser who is neither an otolaryngologist nor an audiologist.  They shall be appointed for staggered three-year terms as set forth in section 129b of Title 3 and shall serve at the pleasure of the secretary.

Sec. 47.  26 V.S.A. § 3291(b) is amended to read:

(b)  A person who violates a provision of this chapter or who obtains a license by fraud or misrepresentation may be imprisoned not more than 90 days or fined not more than $5,000.00, or both shall be subject to the penalties provided in subsection 127(c) of Title 3.

* * * Real Estate Appraisers * * *

Sec. 48.  26 V.S.A. § 3312 is amended to read:

§ 3312.  PROHIBITIONS; PENALTY

(a)  Unless an individual is licensed in accordance with the provisions of this chapter, he or she shall not no person may:

(1)  Perform an appraisal in a federally related transaction for a fee or any other thing of value when a licensed or certified appraiser is required by the Act.

(2)  Use in connection with his or her name any letters, words, or insignia indicating that he or she is a state certified or licensed real estate appraiser.

(b)  An individual who violates a provision 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 subject to the penalties provided in subsection 127(c) of Title 3.

Sec. 49.  26 V.S.A. § 3323(c) is amended to read:

(c)  Notwithstanding the provisions of chapter 5 of Title 3 relating to appeals from decisions of boards, an individual aggrieved by a decision of the board of real estate appraisers may appeal to the superior court of the county in which he or she resides, and a party shall have the right to appeal a decision of the superior court to the supreme court.  On appeal, the court shall review the matter on the basis of the record created before the board.  Appeals from decisions of the board shall be governed by the provisions of section 130a of Title 3.


* * * Occupational Therapists and
Occupational Therapist Assistants * * *

Sec. 50.  26 V.S.A. § 3352(c) is amended to read:

(c)  A person who violates this section shall be fined not more than $1,000.00 for each occurrence subject to the penalties provided in subsection 127(c) of Title 3.

Sec. 51.  26 V.S.A. § 3354(a) is amended to read:

(a)  The secretary shall appoint two occupational therapists or an occupational therapist and an occupational therapy assistant to serve as advisors in matters relating to occupational therapists and occupational therapy assistants.  They shall be appointed for staggered three-year terms as set forth in section 129b of Title 3 and serve at the pleasure of the secretary.  One of the initial appointments shall be for less than a three-year term.

* * * Dieticians * * *

Sec. 52.  26 V.S.A. § 3382(b) is amended to read:

(b)  A person who violates this section shall be subject to a civil penalty of not more than $1,000.00 for each occurrence the penalties provided in subsection 127(c) of Title 3.


Sec. 53.  26 V.S.A. § 3384 is amended to read:

§ 3384.  FUNCTIONS AND ADVISOR APPOINTEES OF ADMINISTRATIVE LAW OFFICER

(a)  The office of professional regulation shall refer disciplinary matters to an administrative law officer.

(b)  The secretary of state shall appoint two certified dietitians for three-year terms to serve as advisors in matters relating to dietitians.  The advisors shall be appointed as set forth in section 129b of Title 3 and serve at the pleasure of the secretary.  One of the initial appointments may be for less than a three-year full term.  Appointees shall not have less than three years’ experience as a dietitian immediately preceding appointment and shall be actively engaged in the practice of dietetics in Vermont during incumbency.

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

* * * Acupuncturists * * *

Sec. 54.  26 V.S.A. § 3402(c) is amended to read:

(c)  A person who violates any of the provisions of subsections subsection (a) or (b) of this section shall be fined not more than $5,000.00 or imprisoned for not more than 60 days, or both subject to the penalties provided in subsection 127(c) of Title 3.

Sec. 55.  26 V.S.A. § 3405(2) is amended to read:

(2)  completed a training program no later than December 31, 2010 with a preceptor approved by the director where the training program is approved by the director and begun prior to December 31, 2007 and which shall include earning a minimum of 40 points earned in any one of the following categories or combination of categories:

* * *

* * * Marriage and Family Therapists * * *

Sec. 56.  26 V.S.A. § 4033(b) is amended to read:

(b)  A person who violates subsection (a) of this section shall be fined not more than $1,000.00 for each occurrence subject to the penalties provided in subsection 127(c) of Title 3.

Sec. 57.  26 V.S.A. § 4039 is amended to read:

§ 4039.  CERTIFICATION WITHOUT EXAMINATION

The board may waive the examination requirement for licensure if the applicant is a marriage and family therapist regulated under the laws of another jurisdiction who is in good standing to practice marriage and family therapy in that jurisdiction and, in the opinion of the board, the standards and qualifications required for regulation of marriage and family therapy in that jurisdiction are substantially equivalent to those required by this chapter.  The board may adopt by rule criteria for licensing marriage and family therapists who have five years’ licensed or certified practice experience in another jurisdiction of the United States or Canada.

* * * Psychoanalysts * * *

Sec. 58.  26 V.S.A. § 4053(b) is amended to read:

(b)  A person who violates subsection (a) of this section shall be fined not more than $1,000.00 for each occurrence subject to the penalties provided in subsection 127(c) of Title 3.

Sec. 59.  26 V.S.A. § 4055(a) is amended to read:

(a)  The secretary of state shall appoint two certified psychoanalysts to serve as advisors in matters relating to psychoanalysts.  They shall be appointed for staggered three-year terms as set forth in section 129b of Title 3 and serve at the pleasure of the secretary.  One of the initial appointments shall be for less than a three-year full term.

* * * Psychotherapists * * *

Sec. 60.  26 V.S.A. § 4083(c) is amended to read:

(c)  A person who violates the provisions of this section shall be fined not more than $1,000.00 subject to the penalties provided in subsection 127(c) of Title 3.


* * * Tattooists and Body Piercers * * *

Sec. 61.  26 V.S.A. § 4102(d) is amended to read:

(d)  A person who violates any of the provisions of this section shall be fined not more than $1,000.00 for each occurrence subject to the penalties provided in subsection 127(c) of Title 3.

Sec. 62.  26 V.S.A. § 4104(a) is amended to read:

(a)  The secretary of state shall appoint a professional in the field of public health and medicine, from a list of persons provided by the commissioner of health, a registered operator who has been practicing tattooing and body piercing for at least the three years immediately preceding appointment and who shall actively be engaged in the practice of tattooing and body piercing in Vermont during incumbency, and a member of the public.  The appointees shall be appointed for staggered terms of three years to serve as advisors in matters relating to tattooing and body piercing.  The appointees shall be appointed as set forth in section 129b of Title 3.

Sec. 63.  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 two calendar year years 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.

* * * Naturopathic Physicians * * *

Sec. 64.  26 V.S.A. § 4122(c) is amended to read:

(c)  A person who violates any of the provisions of this section shall be imprisoned not more than three months or fined not more than $1,000.00, or both subject to the penalties provided in subsection 127(c) of Title 3.

Sec. 65.  26 V.S.A. § 4126(a) is amended to read:

(a)  The secretary of state shall appoint two naturopathic physicians licensed under this chapter to serve as advisors to the director in matters relating to naturopathic physicians.  They shall be appointed for staggered terms of three years as set forth in section 129b of Title 3 and serve at the pleasure of the secretary of state.  One of the initial appointments shall be for less than a three‑year full term.

* * * Athletic Trainers * * *

Sec. 66.  26 V.S.A. § 4152(b) is amended to read:

(b)  A person violating who violates 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 subject to the penalties provided in subsection 127(c) of Title 3.

Sec. 67.  26 V.S.A. § 4155(a) is amended to read:

(a)  The secretary of state shall appoint two athletic trainers for four-year terms to serve at the secretary’s pleasure as advisors in matters relating to athletic training.  The advisors shall be appointed as set forth in section 129b of Title 3 and serve at the pleasure of the secretary.  One of the initial appointments may be for less than a four-year term.  Appointees shall have not less than three years’ experience as an athletic trainer immediately preceding appointment and shall be actively engaged in the practice of athletic training in this state during incumbency.

* * * Midwives * * *

Sec. 68.  26 V.S.A. § 4185(b) is amended to read:

(b)  The director shall adopt general rules necessary to perform his or her duties under this chapter, maintain and make available a list of approved programs for continuing education, and by January 1, 2001, in consultation with the commissioner of health, the Vermont medical society, and the Vermont chapter of the American College of Nurse-Midwives, adopt specific rules defining the scope and practice standards, including risk-assessment criteria, based at a minimum, on the practice standards of the Vermont Midwives Alliance (VMA) and the Midwives Alliance of North America (MANA), and defining a protocol and formulary for drug use by licensed midwives, including anti-hemorrhagic drugs and oxygen.  Once initially established by rule, the formulary for medication use by licensed midwives, including anti-hemorrhagic agents and oxygen, shall be updated by the director as necessary, subject to the approval of the commissioner of health and notwithstanding the provisions of chapter 25 of Title 3.  The director shall update the protocol and formulary, in consultation with the commissioner of health or his or her designee, the Vermont medical society, and the Vermont chapter of the American College of Nurse-Midwives to ensure licensed midwives have available those medications deemed necessary to maintain best practice standards and deemed necessary for licensed midwives to provide pre‑natal and postpartum care consistent with accepted and prevailing standards of care for mothers and their babies.


Sec. 69.  26 V.S.A. § 4189(c) is amended to read:

(c)  A person who violates this section shall be fined not more than $1,000.00 subject to the penalties provided in subsection 127(c) of Title 3.

Sec. 70.  26 V.S.A. § 4190 is amended to read:

§ 4190.  WRITTEN PLAN FOR CONSULTATION, EMERGENCY
  TRANSFER, AND TRANSPORT

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

(b)  A licensed midwife shall, within 30 days of a birth or sentinel event, complete any peer review that is both required by rules governing licensed midwives and which is generated due to a death, significant morbidity to client or child, transfer to hospital, or to practice performed outside the standards for midwives as set forth in the rules governing licensed midwives.  This peer review shall be submitted to the office of professional regulation within 30 days of its completion.

* * * Electrologists * * *

Sec. 71.  26 V.S.A. § 4403(c) is amended to read:

(c)  A person who violates this section shall be fined not more than $1,000.00 for each occurrence subject to the penalties provided in subsection 127(c) of Title 3.

* * * Speech Language Pathologists and Audiologists * * *

Sec. 72.  26 V.S.A. § 4452(b) is amended to read:

(b)  A person who violates a provision of this section or who obtains a license by fraud or misrepresentation may be imprisoned not more than 90 days or fined not more than $5,000.00, or both shall be subject to the penalties provided in subsection 127(c) of Title 3.

* * * Auctioneers * * *

Sec. 73.  26 V.S.A. § 4603(c) is amended to read:

(c)  A person who violates this section shall be fined not more than $1,000.00 for each occurrence subject to the penalties provided in subsection 127(c) of Title 3.

* * * Respiratory Care * * *

Sec. 74.  26 V.S.A. § 4702(d) is added to read:

(d)  A person who violates a provision of this section shall be subject to the penalties provided in subsection 127(c) of Title 3.


* * * Motor Vehicle Racing * * *

Sec. 75.  26 V.S.A. § 4802(b) is amended to read:

(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 subject to the penalties provided in subsection 127(c) of Title 3.

* * * Alcohol and Drug Abuse Counselors * * *

Sec. 76.  33 V.S.A. § 802(b) is amended to read:

(b)  A person who violates any of the provisions of this section shall be imprisoned not more than three months or fined not more than $1,000.00, or both subject to the penalties provided in subsection 127(c) of Title 3.

* * * Miscellaneous Provisions * * *

Sec. 77.  REPEAL

26 V.S.A. §§ 71b (licenses for registered public accountants) and 725 (penalties for dentists and dental hygienists) are repealed.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us