The Vermont Statutes Online

Title 26: Professions and Occupations


Sub-Chapter 04: Unprofessional Conduct And Discipline

26 V.S.A. § 3181. Unprofessional conduct

§ 3181. Unprofessional conduct

(a) It shall be unprofessional conduct for a licensee, registrant, or applicant to engage in conduct prohibited by this section, or by 3 V.S.A. § 129a.

(b) Unprofessional conduct means any of the following:

(1) Conviction of any felony or a crime involving fraud or dishonesty.

(2) Failing to make available, upon request of a person using the licensee's services, copies of documents in the possession or under the control of the licensee, when those documents have been prepared for and purchased by the user of services.

(3) Violating a confidential relationship with a client, or disclosing any confidential client information except:

(A) with the client's permission;

(B) in response to a court order;

(C) when necessary to establish or collect a fee from the client; or

(D) when the information is necessary to prevent a crime that the client intends to commit.

(4) Accepting any assignment which would be a conflict of interest because of confidential information obtained during employment for another client.

(5) Accepting an assignment that would require the violation of any municipal, state, or federal law or client confidence.

(6) Using any badge, seal, card, or other device to misrepresent oneself as a police officer, sheriff, or other law enforcement officer.

(7) Knowingly submitting a false or misleading report or failing to disclose a material fact to a client.

(8) Falsifying or failing to provide required compulsory minimum training in firearms or guard dog handling as required by this chapter.

(9) Failing to complete in a timely manner the registration of an employee.

(10) Allowing an employee to carry firearms or handle guard dogs prior to being issued a permanent registration card.

(11) Allowing an employee to work without carrying the required evidence of temporary or permanent registration.

(12) Allowing an employee to use or be accompanied by an untrained guard dog while rendering professional services.

(13) Failing to provide information requested by the board.

(14) Failing to return the temporary or permanent registration of an employee.

(15) Failing to notify the board of a change in ownership, partners, officers, or qualifying agent.

(16) Providing incomplete, false, or misleading information on an application.

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

(A) practicing or offering to practice beyond the scope permitted by law;

(B) accepting and performing occupational responsibilities which the licensee knows or has reason to know that he or she is not competent to perform; or

(C) performing occupational services which have not been authorized by the consumer or his or her legal representative.

(18) For armed and guard dog certified licensees, brandishing, exhibiting, displaying, or otherwise misusing a firearm or guard dog in a careless, angry, or threatening manner unnecessary for the course of the licensee's duties.

(c) After conducting a hearing and upon a finding that a licensee, registrant, or applicant engaged in unprofessional conduct, the board may take disciplinary action. Discipline for unprofessional conduct may include denial of an application, revocation or suspension of a license or registration, supervision, reprimand, warning, or the required completion of a course of action. (Added 1981, No. 98, § 1; amended 1995, No. 144 (Adj. Sess.), § 16; 1997, No. 145 (Adj. Sess.), § 51; 2001, No. 151 (Adj. Sess.), § 31, eff. June 27, 2002; 2009, No. 103 (Adj. Sess.), § 39.)