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SENATE PROPOSAL OF AMENDMENT 2007-2008

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H.870

An act relating to the regulation of professions and occupations

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

First:  By adding a new Sec. 6a to read as follows:

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;

* * *

Second:  By adding a new Sec. 8a to read as follows:


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.

Third:  By adding a new Sec. 9a to read as follows:

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.

Fourth:  By adding a new Sec. 10a to read as follows:

Sec. 10a.  26 V.S.A. § 1256(e) is amended to read:

(e)  In addition to the provisions of subsection (a) of this section, an applicant for renewal as a funeral director 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 and may require up to three hours of continuing education for removal personnel in the subject area of universal precautions and infectious diseases.  An applicant for renewal as a funeral director who is over the age of 65 shall have satisfactorily completed two hours of approved continuing education as a condition of renewal.

Fifth:  In Sec. 14, 26 V.S.A. § 2081a(1), by striking out the first instance of the word “therapy” and inserting in lieu thereof the word therapist

Sixth:  In Sec. 17, 26 V.S.A. § 2085(a), by striking out the first sentence in its entirety and inserting in lieu thereof a new first sentence to read as follows:  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.

Seventh:  In Sec. 17, 26 V.S.A. § 2085(c)(2), in the second sentence, by striking out the word “delegated” and inserting in lieu thereof the word assigned

Eighth:  In Sec. 37, 26 V.S.A. § 4121, by striking out subdivision (11)(12) in its entirety and inserting in lieu thereof a new subdivision to read as follows:

(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.

Ninth:  By adding a new Sec. 46 to read as follows:

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.

Tenth:  By adding a new Sec. 47 to read as follows:

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.

Eleventh:  By adding a new Sec. 47a to read as follows:

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