§ 4051. Definitions
As used in this chapter:
(1) "Certified psychoanalyst" means a person who is certified under this chapter.
(2) "Director" means the director of the office of professional regulation.
(3) "Disciplinary action" includes any action taken by the director or an administrative law officer appointed pursuant to 3 V.S.A. § 129(j) against a certified psychoanalyst or an applicant on a finding of unprofessional conduct by the certified psychoanalyst or applicant. It includes all sanctions of any kind, refusing to certify a person as a psychoanalyst or to renew a certification, suspension or revocation of the person's certification, issuing warnings, and other such limitations.
(4) "National psychoanalytic association" means a national professional organization of psychoanalysts that conducts onsite visits of psychoanalytic institutes applying for association membership. National psychoanalytic associations also provide direction and leadership for psychoanalytic practice, education, and research within a specific school of thought.
(5) "Psychoanalytic services" means therapeutic services that are based on an understanding of the unconscious and how unconscious processes affect the human mind as a whole, including actions, thoughts, perceptions, and emotions. Psychoanalytic services are provided by individuals who have:
(A) undergone a personal analysis by a psychoanalyst who has been approved by a psychoanalytic training institute; and
(B) met all of the certification or certification exemption requirements of this chapter. (Added 1993, No. 222 (Adj. Sess.), § 15; amended 1997, No. 40, § 45.)
§ 4052. Disclosure of information
The office of professional regulation, in consultation with the advisor appointees, shall adopt rules requiring certified psychoanalysts to disclose to each client the psychoanalyst's professional qualifications and experience, those actions that constitute unprofessional conduct, the method for filing a complaint or making a consumer inquiry, and provisions relating to the manner in which the information shall be displayed and signed by both the psychoanalyst and the client. The rules may include provisions for applying or modifying these requirements in cases involving institutionalized clients, minors, and adults under the supervision of a guardian. (Added 1993, No. 222 (Adj. Sess.), § 15.)
§ 4053. Prohibition; penalty
(a) No person shall use in connection with the person's name any letters, words, or insignia indicating or implying that the person is a certified psychoanalyst unless certified in accordance with this chapter.
(b) A person who violates subsection (a) of this section shall be subject to the penalties provided in 3 V.S.A. § 127(c). (Added 1993, No. 222 (Adj. Sess.), § 15; amended 2007, No. 29, § 58.)
§ 4054. Director of the office of professional regulation; duties
(a) The director shall:
(1) Provide general information to applicants for certification as psychoanalysts.
(2) Administer fees collected under this chapter.
(3) Explain appeal procedures to psychoanalysts and applicants and complaint procedures to the public.
(4) Receive applications for certification of applicants under this chapter, renew certification, and revoke, suspend, reinstate, or condition certification as ordered by an administrative law officer.
(5) Refer all disciplinary matters to an administrative law officer.
(b) The director of the office of professional regulation, with the advice of the advisor appointees established under section 4055 of this title, may adopt rules under 3 V.S.A. chapter 25 that are necessary to perform the duties provided under this chapter. (Added 1993, No. 222 (Adj. Sess.), § 15; amended 1997, No. 40, § 49(a).)
§ 4055. Advisor appointees
(a) The secretary of state shall appoint two certified psychoanalysts to serve as advisors in matters relating to psychoanalysts. They shall be appointed as set forth in 3 V.S.A. § 129b and serve at the pleasure of the secretary. One of the initial appointments shall be for less than a full term.
(b) Appointees shall have at least five years of experience as psychoanalysts during the period immediately preceding appointment and shall be actively practicing certified psychoanalysts in Vermont and remain in good standing during incumbency.
(c) The director shall seek the advice of the certified psychoanalysts appointed under this section in carrying out the provisions of this chapter. These members shall be entitled to compensation and necessary expenses in the amount provided in 32 V.S.A. § 1010 for attendance at any meeting called by the director for this purpose. (Added 1993, No. 222 (Adj. Sess.), § 15; amended 2007, No. 29, § 59.)
§ 4056. Application
To apply for certification as a psychoanalyst, a person shall apply to the director on a form that the director shall furnish. The application shall be accompanied by payment of the specified fee and evidence of eligibility as requested by the director. (Added 1993, No. 222 (Adj. Sess.), § 15.)
§ 4057. Eligibility
(a) To be eligible for certification as a psychoanalyst, an applicant shall satisfy the following requirements:
(1) Have earned a master's degree.
(2) Have earned a graduate certificate or doctoral degree in psychoanalysis from a free-standing psychoanalytic institute that is chartered by a state or foreign government and accredited by a national psychoanalytic association.
(b) A student who is in training at a free-standing state or foreign government chartered psychoanalytic institute may practice as a psychoanalyst-in-training until issuance of state certification as long as that person is meeting the requirements for supervised practice of the institute at which that person is training. (Added 1993, No. 222 (Adj. Sess.), § 15; amended 1997, No. 40, § 46.)
§ 4058. Repealed. 1997, No. 40, § 48.
§ 4059. Exemption
(a) Any person who has met the educational and clinical criteria established under subdivision 4057(a)(2) of this title and is licensed or certified under this title as a physician, osteopath, psychologist, clinical social worker, clinical mental health counselor, or marriage and family therapist shall be exempt from the provisions of this chapter.
(b) Notwithstanding the provisions of subsection (a) of this section, the provisions of this chapter shall apply to any person certified as a psychoanalyst under this chapter. (Added 1993, No. 222 (Adj. Sess.), § 15; amended 1997, No. 40, § 47; 1997, No. 145 (Adj. Sess.), § 25.)
§ 4060. Renewals
(a) Certification shall be renewed every two years upon payment of the required fee, provided the person applying for renewal completes at least 20 hours of continuing education, approved by the director, during the preceding two-year period. The director, with the advice of the advisor appointees, shall establish, by rule, guidelines and criteria for continuing education credit. The education requirement shall not apply for the first renewal period.
(b) Biennially, the director shall forward a renewal form to each certified psychoanalyst. Upon receipt of the completed form and the renewal fee, the director shall issue a new certificate.
(c) Any application for renewal of a certificate which has expired shall be accompanied by the renewal fee and late fee. A person shall not be required to pay renewal fees for years during which the certificate was lapsed.
(d) The director may, after notice and opportunity for hearing, revoke a person's right to renew certification if the certification has lapsed for five or more years. (Added 1993, No. 222 (Adj. Sess.), § 15.)
§ 4061. Repealed. 1997, No. 59, § 65(10), eff. June 30, 1997.
§ 4062. Unprofessional conduct
(a) Unprofessional conduct means the following conduct and the conduct set forth in 3 V.S.A. § 129a:
(1) Failing to use a complete title in professional activity.
(2) Conduct which evidences moral unfitness to practice psychoanalysis.
(3) Engaging in any sexual conduct with a client, or with the immediate family member of a client, with whom the certified psychoanalyst has had a professional relationship within the previous two years.
(4) Harassing, intimidating, or abusing a client.
(5) Entering into an additional relationship with a client, supervisee, research participant, or student that might impair the psychoanalyst's objectivity or otherwise interfere with the psychoanalyst's professional obligations.
(6) Practicing outside or beyond a psychoanalyst's area of training, experience, or competence without appropriate supervision.
(b) In connection with a disciplinary action, the office of professional regulation may refuse to accept the return of a certification tendered by the subject of a disciplinary investigation.
(c) The burden of proof in a disciplinary action shall be on the state to show by a preponderance of the evidence that the person has engaged in unprofessional conduct.
(d) After hearing and upon a finding of unprofessional conduct, or upon approval of a negotiated agreement, the administrative law officer may take disciplinary action against the certified psychoanalyst or applicant. That action may include any of the following conditions or restrictions which may be in addition to or in lieu of suspension:
(1) A requirement that the person submit to appropriate treatment.
(2) A restriction that a certified psychoanalyst practice only under supervision of a named individual or an individual with specified credentials.
(3) A requirement that a certified psychoanalyst participate in continuing education as directed by the office of professional regulation in order to overcome specified deficiencies.
(4) A requirement that the certified psychoanalyst's scope of practice be restricted to a specified extent.
(e) The administrative law officer may reinstate a revoked certification on terms and conditions that the administrative law officer deems to be proper. (Added 1993, No. 222 (Adj. Sess.), § 15; amended 1997, No. 145 (Adj. Sess.), § 60.)