Download this document in MS Word format
BILL AS PASSED HOUSE AND SENATE 2007-2008

AutoFill Template

H.870

AN ACT RELATING TO THE REGULATION OF PROFESSIONS AND OCCUPATIONS

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

* * * Office of Professional Regulation * * *

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

(c)  The director may purchase examination materials and contract with examination providers to administer examinations.

Sec. 2.  3 V.S.A. § 124(b) is amended to read:

(b)  Professions regulated by the director in consultation with advisor appointees and, in fiscal year 2000, the boxing control board shall share the cost of regulating those professions.

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

§ 129.  POWERS OF BOARDS; DISCIPLINE PROCESS

* * *

(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.  A board member whose term of office expires while an investigation is pending may continue through the completion of 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.

* * *

(e)  When a board or the director, in the case of professions which have advisor appointees, 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 within 30 days of the date on which the notice is mailed with the board or the director for review of its or his or her 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.

* * *

* * * Pharmacy * * *

Sec. 4.  18 V.S.A. § 4064(a)(2)(D) is amended to read:

(D)  the serial number and original the date of dispensing of the prescription the prescription was filled;

Sec. 5.  18 V.S.A. § 4215 is amended to read:

§ 4215.  Authorized sales by pharmacists

(a)  A duly licensed pharmacist, in good faith and in the course of his profession only professional practice, may sell and dispense regulated drugs to any person upon a written prescription or oral prescription which is reduced promptly to writing by the pharmacist, of a licensed physician, dentist or veterinarian, by an individual authorized by law to prescribe and administer prescription drugs in the course of professional practice.  The written prescription shall be dated and signed by the person prescribing or, if an oral prescription by the pharmacist of on the day when written, and bearing the full name and address date of birth of the patient for whom or of the owner of the animal for which the drug is dispensed prescribed, and the full name, address, and registry number of the person prescribing, if he is required by those laws to be so registered.  If the prescription be is for an animal, it the prescription shall state the species of animal for which the drug is prescribed and the full name and address of the owner of the animal.  A prescription shall not be refilled unless refilling is authorized by the practitioner on the original prescription or by the original oral order.  

(b)  The pharmacist filling the a schedule II prescription shall write the date of filing filling and his the pharmacist’s own signature on the face of the prescription.  The prescription shall be retained in a file separately maintained for each class of regulated drug by the proprietor of the pharmacy in which it is filled for a period of three years, so as to be readily accessible for inspection by a federal or state officer or employee engaged in the enforcement of the federal drug laws or of this chapter.  The prescription shall not be refilled unless the refilling is authorized by the practitioner in the original prescription or by oral order which is reduced promptly to writing and filed as in the case of an oral prescription.  Pharmacists shall be subject to the requirements of 21 U.S.C. chapter 13.  Notwithstanding the foregoing, no prescription for any depressant or stimulant drug a schedule II drug written without a future fill date may be filled more than two weeks or refilled more than six months after the date on which such prescription was initially issued and no such prescription which is authorized to be refilled may be refilled more than five times 30 days after the date the prescription was issued.  No prescription for a schedule II drug written to be filled at a future date may be filled more than 90 days after the date the prescription was issued.  A physician who dispenses regulated drugs as part of his regular fee or for an additional fee shall be considered subject to the same requirements as a pharmacist for the purposes of this section.

(c)  The legal owner of any stock of regulated drugs, upon discontinuance of dealing in such drugs, shall promptly sell such drugs to a manufacturer, wholesaler, or pharmacist, but only on an official written order.

* * * Accountants * * *

Sec. 6.  26 V.S.A. § 71a is amended to read:

§ 71a.  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)  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

(ii)  A baccalaureate degree, 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, and meets the requirements prescribed by board by rule, or has other experience or employment, which the board in its discretion considers substantially equivalent; or

(iii)  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)  Examinations shall be held by the board, and the board shall use The board shall administer an examination using a nationally recognized uniform certified public accountants' examination and advisory grading service.  An applicant who has yet to earn a baccalaureate degree may sit for the examination if he or she has met the requirements of subdivision (a)(2)(A)(i) or (iii) of this section.

(c)  Beginning July 1, 2009, an applicant for licensure under subdivision (a)(2)(A)(i) or (iii) of this section shall have a baccalaureate degree from an institution recognized by the board.

* * * Barbers and Cosmetologists * * *

Sec. 6a.  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 providing barbering or cosmetology services outside a licensed shop so long as those services are limited to only:

* * *

(C)  persons as part of a special occasion event so long as those services are limited to hair styling and makeup and the sanitation standards expected of licensees in licensed shops are followed;

* * *

Sec. 7.  26 V.S.A. § 278 is amended to read:

§ 278.  QUALIFICATIONS; COSMETOLOGIST

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

(1)  a course of study of at least 1,500 hours at a school of cosmetology approved by an accrediting body recognized by the United States Department of Education or approved by the board under standards that the board has adopted by rule and passage of the examination described in section 283 of this title; or

(2)  an apprenticeship of 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 passage of the examination described in section 283 of this title.

Sec. 8.  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 three years immediately preceding application or has 2,000 documented hours of practice in not less than one year.

Sec. 8a.  26 V.S.A. § 378 is added to read:

§ 378.  LIMITED TEMPORARY LICENSES

(a)  Notwithstanding section 371 of this title, the board may grant an applicant a limited temporary license to practice podiatry for a period of up to 54 weeks if the applicant:

(1)  furnishes the board with satisfactory proof that he or she has attained the age of majority;

(2)  has received a diploma or certificate of graduation from an accredited school of podiatric medicine approved by the board;

(3)  has been appointed as an intern, resident, fellow, or medical officer in a licensed hospital or in a clinic which is affiliated with a licensed hospital, or in a hospital or an institution maintained by the state, or in a clinic or an outpatient clinic affiliated with or maintained by the state; and

(4)  pays the fee set forth in subdivision 1401a(a)(3) of this title.

(b)  A limited temporary license may be renewed upon payment of the fee set forth in subdivision 1401a(a)(3) of this title for the period of the applicant’s postgraduate training, internship, or fellowship program.

(c)  A limited temporary license shall entitle the applicant to practice podiatry only in the hospital or other institution designated on his or her certificate of limited temporary license and in clinics operated by or affiliated with that designated hospital or institution and only if the applicant is under the direct supervision and control of a licensed podiatrist.  The licensed podiatrist shall be legally responsible and liable for all negligent or wrongful acts or omissions of the limited temporary licensee and shall file with the board the name and address both of himself or herself and of the limited temporary licensee and the name of the hospital or other institution.

(d)  A limited temporary license shall be revoked upon the death or legal incompetency of the supervising licensed podiatrist or, upon 10 days’ written notice, by withdrawal of his or her filing by the supervising licensed podiatrist.  A limited temporary licensee shall at all times exercise the same standard of care and skill as a licensed podiatrist.  Termination of appointment as intern, resident, fellow, or medical officer of a designated hospital or institution shall operate as a revocation of a limited temporary license.

* * * Dentists and Dental Hygienists * * *

Sec. 9.  26 V.S.A. § 854(a) is amended to read:

(a)  A hygienist may perform duties for which the hygienist has been qualified by successful completion of the normal curriculum offered by schools of dental hygiene accredited by the American Dental Association or in continuing education courses approved by the board of dental examiners.  A hygienist may perform tasks in the office of any licensed dentist, consistent with the rules adopted by the board under section 767 of this title, and in. In public or private schools or public or private institutions, a hygienist with no less than three years of experience may perform tasks under the general supervision of a licensed dentist or other dentist approved for this purpose by the board of dental examiners with no less than three years of experience as prescribed in guidelines adopted by the board by rule.


Sec. 9a.  26 V.S.A. § 996(e) is amended to read:

(e)  In addition to the provisions of subsection (a) of this section, an applicant for renewal 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.   A licensee who is licensed as a funeral director shall only be required to complete continuing education requirements for a funeral director and not those for an embalmer.

* * * Professional Engineers * * *

Sec. 10.  26 V.S.A. § 1171 is amended to read:

§ 1171.  BOARD OF PROFESSIONAL ENGINEERING

* * *

(d)  Members shall be appointed for three-year terms by the governor, with the advice and consent of the senate.  The governor shall request nominations from the various state engineering societies, and may request nominations from other sources, but shall not be bound to select members from among the persons nominated.

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

(f), (g) [Deleted.] 


* * * Nursing * * *

Sec. 11.  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, including at least one endorsed as an advanced practice registered nurse, two practical nurses, one nursing assistant, and two public members.  Board members shall be appointed by the governor pursuant to sections 129b and 2004 of Title 3.

* * * Pharmacists * * *

Sec. 12.  26 V.S.A. § 2022(15) is amended to read:

(15)  “Practitioner” shall mean a physician, dentist, nurse, veterinarian, scientific investigator, or other person (other than pharmacists) licensed by this state or adjoining states or the province of Quebec an individual authorized by the laws of the United States or its jurisdictions or the Province of Quebec to prescribe and administer prescription drugs in the course of his or her professional practice and permitted by such license that authorization to dispense, conduct research with respect to, or administer drugs in the course of his or her professional practice or research in their his or her respective state or province.


Sec. 13.  26 V.S.A. § 2032 is amended to read:

§ 2032.  POWERS, DUTIES, LIMITATIONS

* * *

(e)  With the approval of the board, the director of the office of professional regulation may employ or contract with persons as may be necessary to carry out the duties of the board.

(f)  The board or its authorized representatives shall also have power to investigate and gather evidence concerning alleged violations of the provisions of this chapter or of the rules and regulations of the board. The board may take testimony under oath and may compel the attendance of witnesses and the production of tangible evidence by serving a subpoena.

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

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

* * * Physical Therapists and Physical Therapist Assistants * * *

Sec. 14.  26 V.S.A. § 2081a is amended to read:

§ 2081a.  DEFINITIONS

* * *

(1)  “Assistive personnel” means physical therapist assistants and physical therapy aides and other trained or educated health care providers other than physical therapist assistants who perform specific designated tasks related to physical therapy under the supervision of a physical therapist.

* * *

(3)  “Distance consultation” means the rendering of professional or expert opinion or advice to a licensed physical therapist, including the review or transfer of patient records or related information by means of audio, video, or data communications.

(4)  “Physical therapist” means a person who has met all the conditions of this chapter and is licensed to for the practice of physical therapy in this state.

(4)(5)  “Physical therapist assistant” means a person who has met the conditions of this chapter and is licensed to perform selected physical therapy procedures interventions and related tasks that have been selected and delegated assigned by the supervising physical therapist.

(6)  “Physical therapy” means the care and services provided by or under the direction and supervision of a physical therapist who is licensed pursuant to this chapter.

(5)(7)  “Physical therapy aide” means a person, trained under the direction of a physical therapist, who performs designated and supervised routine physical therapy tasks.

(6)(8)  “Practice of physical therapy” means the evaluation and treatment of any person by the employment of effective properties of physical measures and the use of therapeutic exercises and rehabilitative procedures, with or without assistive devices, for the purposes of preventing, correcting or alleviating a physical or mental disability.  Physical therapy includes, but is not limited to, the performance of specialized tests, administration of specialized therapeutic procedures, development of treatment plans with licensed health care professionals acting within the scope of their practice and establishment and modification of physical therapy programs for patients. :

(A)  examining, evaluating, and testing, in order to determine a plan of care inclusive of appropriate therapeutic interventions and expected outcome and effect of the interventions of individuals with:

(i)  mechanical, physiological, and developmental impairments;

(ii)  functional limitations in physical movement and mobility;

(iii)  disabilities; and

(iv)  other movement-related conditions;

(B)  alleviating impairments and functional limitations in physical movement and mobility and disabilities by developing, implementing, and modifying treatment interventions; or

(C)  reducing the risk of injury, impairment, functional limitation, and disability related to physical movement and mobility, including the promotion and maintenance of fitness, health, and wellness related to movement and function.

Sec. 15.  26 V.S.A. § 2082(b) is amended to read:

(b)  A person violating any of the provisions of subsection (a) of this section shall be guilty of a misdemeanor and 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. 16.  26 V.S.A. § 2083(5) is amended to read:

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


Sec. 17.  26 V.S.A. § 2085 is amended to read:

§ 2085.  LEGAL LIABILITY PATIENT CARE MANAGEMENT

(a)  Physical therapists are professionally and legally responsible for patient care given by assistive personnel under their supervision. A physical therapist may delegate to assistive personnel and supervise selected acts, tasks or procedures which fall within the scope of physical therapy practice, provided such acts, tasks or procedures do not exceed the assistive personnel’s education or training.

(b)  The director of professional regulation shall identify by rule the physical therapy services that may only be performed by, and are the sole responsibility of, the supervising physical therapist.

(c)  Assistive personnel, other than physical therapist assistants, shall perform patient care activities under on-site supervision of a licensed physical therapist. For purposes of this section, “on-site supervision” means the supervising physical therapist must be:

(1)  continuously on-site and present in the department or facility where the assistive personnel are performing services;

(2)  immediately available to assist the person being supervised in the services being performed; and

(3)  maintain continued involvement in appropriate aspects of each treatment session in which a component of treatment is delegated to assistive personnel.

(d)  With respect to supervision of a physical therapist assistant, the supervising physical therapist shall make regular visits at reasonable frequency to the place where the service is provided for the purpose of observing the physical therapist assistant treat the patient.

A physical therapist shall be professionally responsible and legally liable for all aspects of the physical therapy care of each of his or her patients, including care provided by physical therapist assistants, physical therapy aides, and assistive personnel. The director of the office of professional regulation shall identify by rule physical therapy services that only a physical therapist may perform.  At a minimum, a physical therapist shall provide:

(1)  the initial examination and documentation for each of his or her patients;

(2)  periodic reexamination and documentation of each of his or her patients;

(3)  the documented discharge of the patient, including the response to therapeutic intervention at the time of discharge.

(b)  A physical therapist shall ensure the qualifications of all physical therapist assistants, assistive personnel, and physical therapy aides under his or her direction or supervision.

(c)  For each of his or her patients on each date of treatment, a physical therapist shall provide all of the therapeutic intervention that requires the expertise of a physical therapist and shall determine the use of physical therapist assistants, assistive personnel, or physical therapy aides who provide for the delivery of care that is safe, effective, and efficient, provided the assigned acts, tasks, or procedures do not exceed the person’s education or training and provided:

(1)  A physical therapist assistant shall work under a physical therapist’s supervision.  A physical therapist assistant may document care pursuant to the existing treatment plan from the supervising physical therapist.

(2)  A physical therapist may use physical therapy aides for designated routine tasks.  A physical therapy aide shall work under the on-site supervision of a physical therapist who is continuously on site and present at the facility, who is immediately available to assist the person being supervised in the services being performed, and who maintains continued involvement in appropriate aspects of each treatment session in which a component of treatment is assigned.  This supervision by the physical therapist may extend to off-site supervision of the aide only when the physical therapy aide is accompanying and working directly with a physical therapist assistant with a specific patient or when performing non-patient related tasks.

(3)  Assistive personnel shall perform selected components of physical therapy intervention under the on-site supervision of a physical therapist.

(d)  A physical therapist’s responsibility for patient care management shall include accurate documentation of and billing for the services provided.

(e)  A physical therapist shall be responsible for communicating the status of a patient’s progress and other relevant information to the patient’s referring health care professional unless the patient declines to authorize release of the patient’s physical therapy records.

Sec. 18.  26 V.S.A. § 2104 is amended to read:

§ 2104.  LICENSURE WITHOUT EXAMINATION BY ENDORSEMENT

* * *

Sec. 19.  26 V.S.A. § 2105 is amended to read:

§ 2105.  TEMPORARY LICENSURE WITHOUT EXAMINATION

  PENDING ENDORSEMENT

(a)  A temporary license without examination for practice under the direction of a physical therapist licensed in Vermont may be issued to a person who applies for the first time to practice physical therapy in this state as a physical therapist or as a physical therapist assistant under section 2103 or 2104 of this title and meets all other qualifications thereunder.

(b)  A temporary license may be issued only for the purpose of allowing a qualified applicant to practice as a physical therapist or as a physical therapist assistant until:

(1)  the applicant takes the next examination provided by the director of the office of professional regulation under section 2103 of this title and a determination is made of his qualifications to practice in this state; or

(2)  the necessary data for licensure without examination under section 2104 of this title is collected and ruled on by the director of the office of professional regulation.

(c)  Temporary licenses shall be issued on payment of the specified fee for a fixed period of time to be determined by the director of the office of professional regulation and shall not be renewed except by the director of the office of professional regulation subject to proof of good and an exceptional cause shown by the applicant.

The director may issue a temporary license to practice as a physical therapist for a period not to exceed 90 days to a physical therapist currently licensed in another jurisdiction who has applied for licensure by endorsement in accordance with the statutes and rules governing the profession.


Sec. 20.  26 V.S.A. § 2108 is amended 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 may have his or her license reinstated upon payment of all applicable renewal and reinstatement fees, and demonstration of competence to practice the profession by one or more of the following, as determined by the director:

(1)  practice for a specified time under a limited or supervised license;

(2)  completion of a remedial course;

(2)(3)  completion of continuing competence requirements; or

(3)(4)  pass passage of an examination approved by the director; or

(5)  practice with a license in good standing in another jurisdiction.

Sec. 21.  26 V.S.A. § 2121(b) is amended to read:

(b)  Unprofessional conduct shall include:

(1)  conduct which evidences moral unfitness to practice physical therapy;

(2)  sexual harassment of a patient;

(3)(2)  engaging in a sexual act as defined in 13 V.S.A. § 3251 with a patient;

(4)(3)  any of the following except when reasonably undertaken in an emergency situation in order to protect life, health, or property:

* * *

* * * Veterinarians * * *

Sec. 22.  26 V.S.A. § 2401(2) is amended to read:

(2)  “Board” means the state veterinary board Vermont board of veterinary medicine created under this chapter.

Sec. 23.  26 V.S.A. § 2421 is amended to read:

§ 2421.  ELIGIBILITY

(a)  An applicant is eligible for licensure who has:

(1)  reached the age of majority; has passed the National Board Examination and the Clinical Competency Test or any subsequent licensing examinations prepared under the authority of the National Board Examination Committee for Veterinary Medicine, or its successor organization, and has

(2)  graduated from a school of veterinary medicine accredited by the American Veterinary Medical Association is eligible for licensure. or the Canadian Veterinary Medical Association; and

(3)  passed the North American Veterinary Licensing Examination (NAVLE), or any subsequent licensing examinations prepared under the authority of the National Board of Veterinary Medical Examiners (NBVME) or its successor organization.

(b)  Applicants who are not graduates of schools of veterinary medicine accredited by the American Veterinary Medical Association (AVMA) or Canadian Veterinary Medical Association (CVMA) shall possess a certificate issued by the Educational Commission for Foreign Veterinary Graduates (ECFVG), its successor organization, or an organization acceptable to the board.

(c)  Upon submission of evidence acceptable to the board of satisfaction of these eligibility criteria and upon payment of the required fees, the applicant shall receive a license; provided, however, that the board may also require satisfactory completion of an examination covering state laws and rules related to the practice of veterinary medicine and the state or national veterinary codes of ethics.

(b)(d)  For purposes of this section, an applicant’s score on the National Board Examination and the Clinical Competency Test North American Veterinary Licensing Examination or any subsequent licensing examinations prepared under the authority of the National Board Examination Committee for Veterinary Medicine National Board of Veterinary Medical Examiners, or its successor organization, shall be valid for three two years from the date the applicant passed the examination.


Sec. 24.  26 V.S.A. § 2422 is amended to read:

§ 2422.  APPLICATION

An application for a license shall be in writing and signed by the applicant, on forms furnished by the director of the office of professional regulation, setting forth such facts concerning the applicant as the board may require.

Sec. 25.  26 V.S.A. § 2424 is amended to read:

§ 2424.  LICENSURE WITHOUT EXAMINATION BY ENDORSEMENT

(a)  The director of the office of professional regulation, with approval of the board, or office of professional regulation on its behalf, shall, upon application and payment of the required fee, issue a license without a written national 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; jurisdiction whose licensing standards are substantially equivalent to those of Vermont; and

(2)  has passed:

(A)  the National Board Examination (NBE) and the Clinical Competency Test (CCT) prepared under the authority of the National Board Examination Committee for Veterinary Medicine (NBEC), its predecessor organization, the National Board of Veterinary Medical Examiners or any subsequent national licensing examination prepared under the authority of the NBEC or its successor organization if such examinations were required of licensees in this state at the time the applicant became licensed in the state, territory or province from which he or she is applying; or

(B)  an examination prepared by the American Association of Veterinary State Boards (AAVSB); or

(C)  an equivalent examination, as established by the board has met the continuing education requirements.

(3)  [Deleted.]

(b)  Notwithstanding the provisions of subsection (a) of this section, the board may require that an applicant for licensure without examination satisfactorily complete an examination covering state laws and rules related to the practice of veterinary medicine and the state or national veterinary codes of ethics.

(c)  Applicants who are not graduates of schools of veterinary medicine accredited by the American Veterinary Medical Association (AVMA) must possess a certificate issued by the Educational Commission for Foreign Veterinary Graduates (ECFVG), its successor organization or an organization acceptable to the board, or a Certificate of Qualification issued by the Canadian Veterinary Medical Association, unless at the time the applicant became licensed in the state, territory or province from which the applicant is applying, an ECFVG certificate was not required by this state.

(d)  When an applicant for licensure under this section is changing the focus of his or her practice, such as from primarily equine or food-animal medicine to small or exotic animal medicine, the board may require an interview and the completion of sufficient continuing education, training and testing to satisfy the board that the person possesses entry level competence in this particular field of practice.  A change in practice focus which occurs within two years after licensure via this section shall be considered prima facie evidence that the applicant intended to change practice focus at the time the application for licensure was approved by the board.

(e)(c)  As used in this section, “in good standing” means that the applicant:

* * *

(f)(d)  An applicant who is not in good standing shall be eligible for licensure under this subsection, if the applicant can demonstrate, to the satisfaction of the board, that he or she is otherwise qualified for licensure under this section.  The board may place limitations on licenses issued under this subsection or establish conditions of probation prior to the issuance of a license.

Sec. 26.  26 V.S.A. § 2426 is amended to read:

§ 2426.  RENEWAL OF LICENSE

(a)  Biennially, on or before August 1, On a schedule established by the office of professional regulation, a licensed veterinarian shall pay to the secretary of state, a renewal fee in the amount prescribed by section 2414 of this title, and shall receive a license card bearing his or her name, address, registration number, and the date of expiration of the license.  The board shall suspend the license of a person whose renewal fee is delinquent, until the renewal fee and late renewal penalty are paid and the person has satisfied all the requirements for renewal, including continuing education.

(b)  A person shall not be required to pay renewal fees for years during which the license was lapsed.  The certificate shall be displayed at the licensee’s place of business. A renewal application form shall be mailed to every licensed veterinarian at least two months prior to the date of the biennial registration.  Licenses which have not been renewed for a period of four years may not be renewed under this section.

(b)(c)  As a condition of renewal, a licensee shall complete continuing veterinary medical education, approved by the board by rule, during the preceding two-year period.  For purposes of this subsection, the board may require, by rule, not more than 24 hours of approved continuing veterinary medical education as a condition of renewal.

Sec. 27.  26 V.S.A. § 2428 is amended to read:

§ 2428.  REINSTATEMENT

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

* * * Land Surveyors * * *

Sec. 28.  26 V.S.A. § 2504 is amended to read:

§ 2504.  PENALTIES AND ENFORCEMENT

A person who violates subsection 2503(a) of this chapter shall be subject to the penalties provided in subsection 127(c) of Title 3.

* * * Opticians * * *

Sec. 29.  26 V.S.A. § 2676 is amended to read:

§ 2676.  LICENSE; RENEWAL; REINSTATEMENT

* * *

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

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

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

(B)(2)  successfully completing the national licensing examination within one year prior to applying for reinstatement; and

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

* * * Psychologists * * *

Sec. 30.  26 V.S.A. § 3004(b) is amended to read:

(b)  Notwithstanding the provisions of subsection (a) of this section, this chapter shall apply to any person licensed by the board of psychological examiners.  A person who meets the qualifications set forth in subdivision (a)(1) of this section shall register with the board and be subject to regulation by the board.

Sec. 31.  26 V.S.A. § 3015(e) is amended to read:

(e)  The board may revoke a license after opportunity for hearing if it has been lapsed for five years.

* * * Private Investigators and Security Guards * * *

Sec. 32.  26 V.S.A. § 3176(f) is amended to read:

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

* * * Acupuncturists * * *

Sec. 33.  26 V.S.A. § 3407(a) is amended to read:

(a)  The director may waive the examination requirement under subdivision 3405(3) of this title if the applicant is an acupuncturist regulated under the laws of another state who is in good standing to practice acupuncture in that state and, in the opinion of the director, the standards and qualifications required for regulation of acupuncturists in that state are at least equal substantially equivalent to those required by this chapter.

* * * Tattooists and Body Piercers * * *

Sec. 34.  26 V.S.A. § 4101 is amended to read:

§ 4101.  DEFINITIONS

As used in this chapter:

(1)  “Anatomical reproduction” is the practice of restoring the appearance of a portion of a person’s body after surgery, accident, or other trauma. 

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

(2)(3)  “Disciplinary action” includes any action taken by an administrative law officer against a registered tattooist or applicant premised on a finding of unprofessional conduct.  Disciplinary action includes all appropriate remedies, including denial of an application for or renewal of a registration, suspension or revocation of a registration, limiting or conditioning of a registration, issuing reprimands or warnings, and adopting consent orders.

(3)(4)  “Operator” means any person who practices tattooing or body piercing.

(4)(5)  “Practice of body piercing” means the piercing of any part of the body by someone other than a licensed physician who utilizes a needle or other instrument for the purpose of inserting an object into the body for nonmedical purposes.  Body piercing includes ear piercing, except when performed on the lower lobe of the ear:

(A)  with an instrument approved by the director, by rule;

(B)  by the individual on himself or herself;

(C)  by a parent or guardian when the subject of the piercing is a minor; or

(D)  by a household member when the subject of the piercing is an adult.

(6)  “Practice of permanent cosmetics” means to place a specific type of tattoo that includes permanent eyeliner, permanent lip color, permanent eyebrows, anatomical reproduction, and permanent eye shadow as well as other specific procedures that may be identified by rule by the director consistent with the Society of Permanent Cosmetic Professionals’, or its successor group’s, guidelines.

(5)(7)  “Practice of tattooing” or “practice tattooing” means to place a permanent mark, design, or coloration of a human being by a process of pricking or ingraining an indelible pigment on or in the skin.  “Practice of tattooing” or “practice tattooing” does not mean anatomical reproduction when performed under the direction of a physician.

(6)(8)  “Special panel” means a panel established pursuant to 3 V.S.A. § 129(j).

(7)(9)  “Shop” means a facility regularly used to offer or perform the practice of tattooing or body piercing.

Sec. 35.  26 V.S.A. § 4103 is amended to read:

§ 4103.  Director; function; commissioner of health; rules

* * *

(b)  The director, after consultation with the commissioner of health, shall adopt rules relating to infection control procedures and public health practices to be followed in the practice of tattooing, permanent cosmetics, and body piercing in order to protect the public from communicable diseases.  The commissioner shall also recommend standards of sanitation and sterilization for shops, including standards relating to separate areas and equipment for tattooing and body piercing and recommendations on the use of ear-piercing guns.

(c)  The director may adopt rules necessary to perform his or her duties under subsection (a) of this section pursuant to this chapter.

(d)  The director may inspect shops used for the practice of tattooing, permanent cosmetics, or body piercing.  No fee shall be charged for initial inspections under this subsection; however, if the director determines that it is necessary to inspect the same premises under the same ownership more than once in any two-year period, a reinspection fee of $100.00 may be charged.  The director may waive all or a part of the reinspection fee in accordance with criteria established by rule.

Sec. 36.  26 V.S.A. § 4105 is amended to read:

§ 4105.  Registration; apprenticeship requirements

(a)  A person who intends to engage in the practice of tattooing, permanent cosmetics, or body piercing in this state shall register with the office of professional regulation and shall pay the required fee.  Registration shall be in the form required by the director and shall include such information as the director may require concerning the location of the registrant’s practice, the registrant’s qualification, and the nature of the services offered.

* * *

(c)  As a prerequisite to registration for the practice of permanent cosmetics, an applicant shall provide proof of a course of approved study lasting at least 60 hours.  In addition, the applicant shall obtain at least 40 hours of practical experience, within two calendar years preceding the application, working under the direct supervision of a registered tattooist or permanent cosmetologist in good standing in Vermont or the state where regulated, and who has been in practice a minimum of three years.  Proof may be in the form of a sworn affidavit from the supervising permanent cosmetologist or tattooist, including information in a form as the director may reasonably require.  Training shall include successful completion of a three-hour course in universal precautions and infectious diseases.  Prior to training and obtaining practical experience, applicants shall contact the office and submit the appropriate forms.  For the purposes of this section, “in good standing” shall mean that the permanent cosmetologist or tattooist supervisor holds a current, unrestricted license.  A permanent cosmetologist or tattooist who holds a restricted license may petition the director for permission to be a supervisor, which the director may grant for good cause shown. 

(d)  No shop shall operate in this state without first registering with the office of professional regulation and paying a fee of $100.00.  Registration shall be in the form required by the director.

(1)  No shop shall be granted registration unless the shop complies with this chapter and rules adopted under this chapter.

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

(3)  The practice of tattooing or body piercing shall be permitted only in registered shops.

(4)  The practice of permanent cosmetics may be performed anywhere the practice of tattooing is licensed, on the premises of a health care professional licensed pursuant to this title, or on premises meeting the sanitation requirements of this chapter as determined by the director or as set forth by rule.

(e)  Prior to July 15, 2009, the director may register a person to practice permanent cosmetics upon satisfactory proof that the person has been engaged in the practice for at least one year and has successfully completed an approved course in universal precautions and infectious diseases.

* * * Naturopathic Physicians * * *

Sec. 37.  26 V.S.A. § 4121 is amended to read:

§ 4121.  DEFINITIONS

* * *

(7)  “Naturopathic formulary examination” means an examination, administered by the director or the director’s designee, which tests an applicant’s knowledge of the pharmacology, clinical use, side effects, and drug interactions of agents in the naturopathic formulary.

(8)  “Naturopathic medicine” or “the practice of naturopathic medicine” means a system of health care that utilizes education, natural medicines and natural therapies to support and stimulate a patient’s intrinsic self-healing processes and to prevent, diagnose and treat human health conditions and injuries.  In connection with such system of health care, an individual licensed under this chapter may:

* * *

(8)(9)  “Naturopathic physical medicine” means the use of the physical agents of air, water, heat, cold, sound and light, and the physical modalities of electrotherapy, biofeedback, acupuncture, diathermy, ultraviolet light, ultrasound, hydrotherapy and exercise.  “Naturopathic physical medicine” also includes naturopathic manipulation and mobilization therapy if, in the opinion of the director, the naturopathic physician’s education emphasized the importance of the neuromusculoskeletal structure and manipulative therapy in the maintenance and restoration of health.  Naturopathic medicine does not include the practice of physical therapy, physical rehabilitation or chiropractic.

(9)(10)  “Naturopathic physician” is a person who practices naturopathic medicine and is licensed under this chapter.

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

(11)(12)  ”Topical medicines” mean medicines applied to the surface of the body and include topical analgesics, anesthetics, antiseptics, scabicides, antifungals, antibacterials, and cryo-agents, and anti-inflammatory agents.

Sec. 38.  26 V.S.A. § 4122(b) is amended to read:

(b)  A person licensed under this chapter shall not perform any of the following acts:

* * *

(4)  Perform naturopathic childbirth without obtaining an endorsement from the director.

Sec. 39.  26 V.S.A. § 4125(b) and (c) are amended to read:

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

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

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

, which shall include rules regulating the naturopathic formulary, the naturopathic formulary examination, and naturopathic childbirth.

(c)  At least annually, in consultation with the commissioner of health and in accordance with consultation procedures adopted by the director by rule, the director, with the advice of the advisor appointees, shall review and update the formulary of prescription medicines naturopathic physicians may use in a manner consistent with their scope of practice and training, subject to the approval of the commissioner of health.  Nonnatural substances found to be substantially safer in treatment or without which a patient’s primary care would be compromised may be added to the formulary.  The formulary shall include prescription medicines necessary for naturopathic practice and naturopathic childbirth.

Sec. 40.  26 V.S.A. § 4127 is amended to read:

§ 4127.  ELIGIBILITY FOR LICENSURE

* * *

(3)  Pass an a licensing examination approved by the director pursuant to subsection 4129(a) of this title, unless the applicant is exempt from examination pursuant to subsection 4129(b) of this title.

(4)  Pass the naturopathic formulary examination administered by the director or the director’s designee, unless the applicant is exempt from examination pursuant to the standards set forth in subsection 4129(b) of this title.

Sec. 41.  26 V.S.A. § 4129 is amended to read:

§ 4129.  EXAMINATION; WAIVER OF LICENSING EXAMINATION

(a)  The director, or designee, shall administer an the licensing examination to applicants for licensure at least twice each year if applications are pending. Examinations administered by the director and the procedures of administration shall be fair and reasonable and shall be designed and implemented to ensure that all applicants are granted a license if they


demonstrate that they possess minimal professional qualifications which are consistent with the public health, safety and welfare.  The examination shall not be designed or implemented for the purpose of limiting the number of licenses issued.

* * *

Sec. 42.  26 V.S.A. § 4130(a) is amended to read:

(a)  The license to practice naturopathic medicine shall be renewed every two years by filing a renewal application on a form provided by the director. The application shall be accompanied by the required fee and evidence of compliance with subsection (b) of this section.  The director may require licensees who have not previously passed the naturopathic physician formulary examination to pass the examination as a condition of license renewal.

* * * Respiratory Care Practitioners * * *

Sec. 43.  26 V.S.A. § 4707 is amended to read:

§ 4707.  ELIGIBILITY

To be eligible for licensure as a respiratory care practitioner, an applicant shall:

(1)  have completed a respiratory care educational program as defined in subdivision 4701(10) of this title or have passed the National Board for Respiratory Care, Inc. (NBRC) entry or higher level examination prior to July 31, 1977, and shall:

(1)  have passed a standardized national examination approved by the director; or

(2)  hold credentials conferred by the NBRC, or its successor organization, as a certified respiratory therapist (CRT), or as a registered respiratory therapist (RRT), providing such credential has not expired, been revoked, or suspended; and

(2)  pass a standardized national examination approved by the director.

Sec. 44.  26 V.S.A. § 4713(b) is amended to read:

(b)  The director, with the advice of the advisor appointees, shall establish, by rule, guidelines and criteria for continuing education credit. Continuing education requirements will match the NBRC or American Association for Respiratory Care (AARC) continuing education current standards, or both. The director may waive the continuing education requirement for the initial licensure period.

* * * Miscellaneous Provisions * * *

Sec. 45.  REPEAL

(a)  26 V.S.A. § 4101(e) (grandfathering registration to practice permanent cosmetics) shall be repealed on July 15, 2009.

(b)  26 V.S.A. § 4715 (grandfather provision for existing practitioners without formal respiratory care education) is repealed.

Sec. 46.  OFFICE OF PROFESSIONAL REGULATION; BOARD OF FUNERAL SERVICE; STUDY

The office of professional regulation, in consultation with the board of funeral service, funeral consumers, providers of funeral services, and other stakeholders identified by the office, shall study the necessity of amending the statutes and administrative rules relating to funeral service in Vermont in the interest of public protection.  The study shall address the reorganization of the embalmer, crematory, and funeral services chapters of the Vermont Statutes Annotated, possible restructuring of the composition of the funeral board, continuing education requirements, and other amendments as deemed appropriate by the office and the board.  The office shall report to the house and senate committees on government operations with its recommendations no later than January 15, 2009.

Sec. 47.  NURSING; MILITARY SERVICE; OFFICE OF PROFESSIONAL REGULATION; REPORT

By January 1, 2009, the office of professional regulation shall file a report with the general assembly that evaluates whether, and if so under what circumstances, an applicant for licensure to practice nursing should be eligible for licensure if he or she has received appropriate training and performed duties while enlisted in military service in lieu of satisfaction of a required educational program.  The office, as appropriate, shall consult with the Vermont state board of nursing, the military department, and the Vermont office of veterans’ affairs.

Sec. 47a.  EMERGENCY MEDICAL TECHNICIANS; MILITARY SERVICE; DEPARTMENT OF HEALTH; REPORT; COLLABORATION

(a)  The General Assembly finds that there is a critical shortage of nurses and emergency medical technicians in Vermont, hampering the ability of Vermonters to obtain affordable and timely and quality medical care.

(b)  By January 15, 2009, the commissioner of the Department of Health shall file a report with the House and Senate Government Operations that evaluates whether, and if so under what circumstances, an applicant for licensure as an emergency medical technician should be eligible for licensure, exemption from licensure when employed by certain health care facilities, if he or she has received comparable training and performed duties while enlisted in military service in lieu of satisfaction of a required educational or testing program, or both.  The commissioner, as appropriate, shall consult with the executive director of the Vermont state board of nursing, the adjutant general, and the director of the Vermont office of veterans’ affairs.

(c)  The commissioner of health shall collaborate to the extent feasible with the director of the office of professional regulation regarding the comparable evaluation required by Sec. 47 of this Act for individuals with military service qualifying for licensing as nurses.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us