Date: Subject: Professions and occupations



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BILL AS INTRODUCED H.199

2005 Page





H.199

Introduced by Committee on Government Operations

Date:

Subject: Professions and occupations



Statement of purpose: This bill proposes to make adjustments to general provisions relating to the regulation of all professions and occupations regulated by the office of professional regulation or by boards attached to that office and makes specific adjustments to the systems for regulating the following professions: nursing home administrators, architects, barbers, cosmetologists, estheticians, nail technicians, chiropractors, dentists, professional engineers, funeral directors, optometrists, pharmacists, physical therapists, real estate brokers and salespeople, veterinarians, land surveyors, opticians, radiologic technologists, psychologists, private investigators and security guards, clinical social workers, clinical mental health counselors, real estate appraisers, marriage and family therapists, psychotherapists, tattooists and body piercers, electrologists, auctioneers, and respiratory care practitioners. This bill also proposes to authorize statutorily the office of professional regulation to regulate motor vehicle racing as an advisor profession.

AN ACT RELATING TO REGULATION OF PROFESSIONS AND OCCUPATIONS

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

* * * General Provisions * * *

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

§ 123. DUTIES OF OFFICE

(a) Upon request, the office shall provide administrative, secretarial, financial, investigatory, inspection, and legal services to the boards. The administrative services provided by the office shall include:

(1) Sending, receiving, and processing applications for licenses.

(2) Issuing, recording, renewing, and reinstating all licenses as ordered by the boards, an appellate officer the director, an administrative law officer, or a court.

(3) Revoking or suspending licenses as ordered by the boards, the director, an administrative law officer, or a court.

* * *

(e) The secretary of state shall contract with and appoint one or more attorneys licensed to practice in this state to serve as administrative law officers under subsection 129(j) of this title or appellate officers under section 130a of this title.



* * *

Sec. 2. 3 V.S.A. § 125 is amended to read:

§ 125. FEES

(a) In addition to the fees otherwise authorized by law, a board may charge the following fees:

(1) Late renewal penalty $25.00 for a renewal submitted less than 30 days late. Thereafter, a board may increase the late renewal penalty by $5.00 for every additional month or fraction of a month, provided that the total penalty for a late renewal shall not exceed $100.00. This penalty shall not preclude disciplinary action for practicing without a valid license.

* * *


(b) Unless otherwise provided by law, the following fees shall apply to all professions regulated by the director in consultation with advisor appointees under Title 26:

* * *


(3) Biennial renewal, $175.00, except:

(A) Biennial renewal for clinical social workers, $125.00;

(B) Biennial renewal for occupational therapists and assistants, $125.00;

(C) Biennial renewal for physical therapists and assistants, $100.00.

* * *


Sec. 3. 3 V.S.A. § 127(b) is amended to read:

(b) A person practicing a regulated profession without authority may, upon the complaint of the attorney general or a state’s attorney or an attorney assigned by the office of professional regulation, be enjoined there from by the superior court and may be assessed a civil penalty of not more than $1,000.00. The attorney general or an attorney assigned by the office of professional regulation may elect to bring an action seeking only a civil penalty of not more than $1,000.00 for practicing a regulated profession without authority before the board having regulatory authority over the profession. Such hearings will Hearings shall be conducted in the same manner as disciplinary hearings. A civil penalty imposed by a board or administrative law officer under this subsection shall be deposited in the professional regulatory fee fund established in section 124 of this title. The director shall detail in the annual report receipts and expenses from these civil penalties.

Sec. 4. 3 V.S.A. § 129 is amended to read:

§ 129. POWERS OF BOARDS; DISCIPLINE PROCESS



(a)(1) In addition to any other provisions of law, a board may exercise the following powers:

(2)(1) Adopt procedural rules governing the investigatory and disciplinary process.

(3)(2) Issue subpoenas and administer oaths in connection with any authorized hearing, investigation or disciplinary proceeding. Subpoenas may be issued ex parte by the chair of the board, the director, or any attorney representing a party. Depositions may be taken after charges upon due notice to all parties without specific authorization by the board.

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

(5)(4) Reinstate or deny reinstatement of a license which has been revoked, suspended, limited or conditioned.

(6)(5) Discipline any licensee or refuse to license any person who has had a license revoked, suspended, limited, conditioned or otherwise disciplined by a licensing agency in another jurisdiction for an offense which would constitute unprofessional conduct in this state, or has surrendered a license while under investigation for unprofessional conduct.

(7)(6) Notify relevant state, federal and local agencies and appropriate bodies in other states of the status of any disciplinary case against an applicant or licensee, provided the board has taken disciplinary action or has served a notice of charges against the person.

(8)(7) Refuse to accept the return of a license tendered by the subject of a disciplinary investigation or refuse to allow an applicant who is the subject of a disciplinary investigation to withdraw his or her application without permission of the board.

(9)(8) Adopt rules governing the issuance of licenses to practice, to persons licensed and in good standing to practice in another jurisdiction, that authorize the holder of the license to practice in this state for no more than 10 days or 80 hours in any calendar year upon payment of the required fee.

(10)(9) For good cause shown, waive fees when a license is required to provide services on a pro bono basis or in accordance with standards established by the board by rule.

(11)(10) Issue temporary licenses to health care providers and veterinarians during a declared state of emergency. The health care provider or veterinarian to be issued a temporary license must be currently licensed, in good standing and not subject to disciplinary proceedings in any other jurisdiction. The temporary license shall authorize the holder to practice in Vermont until the termination of the declared state of emergency or 90 days, whichever occurs first, as long as the licensee remains in good standing. Fees shall be waived when a license is required to provide services under this subdivision.

(12)(11) Treat as incomplete any license application submitted with a check subsequently returned for insufficient funds.

* * *


(e) When a board or the director, in the case of professions which have advisor appointees, the director 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 with the board or the director for review of its 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.

* * *


(i) A board may consult with the attorney general or an attorney assigned by the office of professional regulation for the proper conduct of its affairs.

* * *


(k) Whenever completion of certain continuing education requirements is a condition of renewal, the board may require the applicant to develop and complete a specific corrective action plan, to be completed within 90 days, prior to renewal.

* * *


Sec. 5. 3 V.S.A. § 129a is amended to read:

§ 129a. UNPROFESSIONAL CONDUCT

(a) In addition to any other provision of law, the following conduct by a licensee constitutes unprofessional conduct. When that conduct is by an applicant or person who later becomes an applicant, it may constitute grounds for denial of a license or other disciplinary action. Any one of the following items, or any combination of items, whether or not the conduct at issue was committed within or outside the state, shall constitute unprofessional conduct:

* * *


(11) Failing to report to the office a conviction of any felony or any offense related to the practice of the profession in a Vermont district court, a Vermont superior court, or a court outside Vermont other than a conviction for a municipal parking violation within 30 days.

(12) In the course of practice, gross failure to use and exercise on a particular occasion or the failure to use and exercise on repeated occasions that degree of care, skill, and proficiency which is commonly exercised by the ordinary skillful, careful, and prudent professional engaged in similar practice under the same or similar conditions, whether or not actual injury to a client, patient or customer has occurred.



(13) Exercising undue influence on or taking improper advantage of a person using professional services, or promoting the sale of services or goods in a manner which exploits a person for the financial gain of the practitioner or a third party.

(b) Failure to practice competently by reason of any cause on a single occasion or on multiple occasions may constitute unprofessional conduct, whether actual injury to a client, patient, or customer has occurred. Failure to practice competently includes:

(1) performance of unsafe or unacceptable patient or client care; or

(2) failure to conform to the essential standards of acceptable and prevailing practice.

* * *

(d) After hearing, and upon a finding of unprofessional conduct, a board or an administrative law officer may take disciplinary action against a licensee or applicant, including imposing an administrative penalty not to exceed $1,000.00 for each unprofessional conduct violation. Any money received from the imposition of an administrative penalty imposed under this section subsection shall be deposited in the general fund, and upon request may be appropriated to the professional regulatory fee fund established in section 124 of this title for the purpose of providing education and training for board members and advisor appointees regulation of professions and occupations which have advisor appointees.



* * *

Sec. 6. 3 V.S.A. § 129b is amended to read:

§ 129b. BOARD MEMBER AND ADVISOR APPOINTMENTS

* * *


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

Sec. 7. 3 V.S.A. § 130a is amended to read:

§ 130a. APPEALS FROM BOARD DECISIONS

(a) A party aggrieved by a final decision of a board or administrative law officer may, within 30 days of the decision, appeal that decision to the superior court of Washington County by filing a notice of appeal with the director who shall assign the case to an appellate officer. The review shall be conducted on the basis of the record created before the board or administrative law officer. In cases of alleged irregularities in procedure before the board, not shown in the record, proof on that issue may be taken by the appellate officer court.

(b) The appellate officer reviewing court shall not substitute his or her its judgment for that of the board or administrative law officer as to the weight of the evidence on questions of fact. The appellate officer court may affirm or reverse the decision, or may reverse and remand the matter with recommendations if substantial rights of the appellant have been prejudiced because the board’s finding or administrative law officer’s findings, inferences, conclusions, or decisions are:

(1) in violation of constitutional or statutory provisions;

(2) in excess of the statutory authority of the board;

(3) made upon unlawful procedure;

(4) affected by other error of law;

(5) clearly erroneous in view of the evidence on the record as a whole;

(6) arbitrary or capricious; or

(7) characterized by abuse of discretion or clearly unwarranted exercise of discretion.

(c) A party aggrieved by a decision of the appellate officer court may appeal to the superior court in Washington county which shall review the matter on the basis of the records created before the board and the appellate officer Vermont supreme court.

Sec. 8. 3 V.S.A. § 132 is added to read:



§ 132. BOARD QUORUMS

Except as otherwise provided by law, a majority of the members of a board constitutes a quorum for transacting business, and all action shall be taken upon a majority vote of board members present and voting.

* * * Nursing Home Administrators * * *

Sec. 9. 18 V.S.A. § 2051(4) is added to read:

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

Sec. 10. 18 V.S.A. § 2052 is amended to read:

§ 2052. BOARD OF EXAMINERS; COMPOSITION; APPOINTMENT;

TERMS; ORGANIZATION

(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 seven 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 infirmed infirm;

(3) one private citizen of the state 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 educator from an institution of higher education, currently teaching in a health field; and



(5) one of the following, who shall not be employed in a nursing home;: 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.

Sec. 11. 3 V.S.A. § 2053 is amended to read:

§ 2053. DUTIES AND POWERS OF THE BOARD



In accordance with chapter 25 of Title 3, the board shall:

(1) develop, impose, and enforce standards which must be met by individuals in order to receive a license as a nursing home administrator, which standards shall be designed to insure that nursing home administrators are persons of good character, and are by training or experience in the field of institutional administration, qualified to serve as nursing home administrators;

(2) develop and apply appropriate techniques, including examinations and investigations, to determine whether an individual meets the standards;

(3) issue licenses to individuals who meet the standards, and revoke or suspend licenses previously issued by the board in any case where the individual holding a license is determined to have failed to conform to the requirements of the standards;

(4) establish and carry out procedures designed to insure that individuals licensed as nursing home administrators comply with the requirements of the standards;

(5) receive, investigate, and take appropriate action with respect to, any charge or complaint filed with the board to the effect that any individual licensed as a nursing home administrator has failed to comply with the requirements of the standards; and

(6) conduct a continuing study and investigation of nursing homes and administrators of nursing homes within the state with a view to the improvement of the standards imposed for the licensing of administrators and of procedures and methods for the enforcement of the standards with respect to administrators of nursing homes who have been licensed;

(7) register all persons licensed under this chapter who are actively practicing nursing home administration in this state;

(8) enforce the provisions of this chapter and assist in the prosecution of all violations of this chapter;

(9) conduct, or cause to be conducted, one or more courses of instruction and training sufficient to meet the requirements of this chapter, and make provisions for the conduct of such courses and their accessibility to residents of this state, unless it finds that there are a sufficient number of courses conducted by others within this state to meet the needs of the state. In lieu thereof, the board may approve courses conducted within or without this state meeting the education and training requirements of this chapter.

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

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

(2) set requirements for licensure;

(3) provide general information to applicants;

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

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

(6) investigate suspected unprofessional conduct.

(b) The board may:

(1) adopt rules concerning continuing education requirements;

(2) conduct hearings; and

(3) adopt rules of professional conduct.

Sec. 12. 18 V.S.A. § 2055 is amended to read:

§ 2055. GENERAL REQUIREMENTS FOR LICENSURE

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

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

(2) in the judgment of the board, he the applicant has



(A) satisfactorily completed a course of instruction or training approved and met the requirements adopted by rule by the board, which is designed and administered to present sufficient knowledge of:

(i) the needs to be served by nursing homes;

(ii) the laws governing the operation of nursing homes and the protection of the interests, safety and well-being of the patients; and

(iii) the elements of proper and effective nursing home administration; or

(B) has presented evidence, deemed satisfactory by the board, of sufficient education, training or experience in the field of institutional administration which in the judgment of the board qualifies him to serve as a nursing home administrator and; or

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



(4) Nothing in this chapter or the rules and regulations thereunder shall be construed to require an applicant for a license as a nursing home administrator, who is certified by a recognized church or religious denomination for the care and treatment of the sick in accordance with its teachings, to demonstrate proficiency in any medical techniques or to meet any medical educational qualifications or medical standards not in accord with the remedial care and treatment provided in such institutions.

Sec. 13. 18 V.S.A. § 2059 is amended to read:

§ 2059. RECIPROCITY

The board 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 finds that the standards for licensing in the other jurisdiction are at least the equivalent of substantially equivalent to those in this state, that under the laws or regulations of the other jurisdiction a similar exemption is granted to nursing home administrators licensed under the laws of this state, and that the applicant is otherwise qualified.

Sec. 14. 18 V.S.A. § 2061 is amended to read:

§ 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 and in consultation with the board of health, 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 shall not renew such a provisional license, nor shall the board 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.

* * * Architects * * *

Sec. 15. 26 V.S.A. § 122(c) is amended to read:

(c) Injunctive relief will be available on application of the office of attorney general or an attorney assigned by the office of professional regulation, pursuant to a complaint filed in the superior court, of Washington County to restrain violations of this chapter.

Sec. 16. 26 V.S.A. § 161 is amended to read:

§ 161. CREATION OF BOARD; APPOINTMENT OF MEMBERS; TERM

OF OFFICE; OATH OF OFFICE

* * *


(c) Members shall be appointed for staggered four-year terms and shall serve at the pleasure of the governor. To the extent possible, appointments shall be geographically representative. The terms shall begin on July 1 of the year of appointment, and each member shall hold office until his successor is appointed and qualified Board members shall be appointed by the governor pursuant to sections 129b and 2004 of Title 3.

* * *


(g) Annually, the board shall elect a chairperson, vice-chairperson and a secretary.

Sec. 17. 26 V.S.A. § 162 is amended to read:

§ 162. MEETINGS OF BOARD; QUORUM

(a) The board shall meet at the call of the chairperson or upon the request of any other two members.



(b) Meetings shall be warned and conducted in accordance with chapter 5 of Title 1.

(c) A majority of the members of the board shall be a quorum for transacting business and all action shall be taken upon a majority vote of the members present and voting.

(d) Disciplinary actions shall be taken upon a vote of four of the board members, at least one of whom shall be a public member.

(e)(b) The provisions of chapter 25 of Title 3 (the Vermont Administrative Procedure Act) relating to contested cases shall apply to proceedings under this chapter.

(f)(c) Fees for the service of process and attendance before the board shall be the same as the fees paid sheriffs and witnesses in superior court.

Sec. 18. 26 V.S.A. § 205a is amended to read:

§ 205a. LICENSE RENEWAL

(a) Licenses shall be renewed every two years upon application and payment of the required fee. Failure to comply with the provisions of this section shall result in suspension of all privileges granted by the license beginning on the expiration date of the license. A license which has lapsed shall be renewed reinstated upon payment of the biennial renewal fee and the late renewal penalty.

(b) The board may adopt rules necessary for the protection of the public to assure the board that an applicant whose license has lapsed for more than three years is professionally qualified before reinstatement may occur. Conditions imposed under this subsection shall be in addition to the requirements of subsection (a) of this section.

* * *


* * * Barbers and Cosmetologists * * *

Sec. 19. 26 V.S.A. § 271(7) is amended to read:

(7) “Manicuring” or “nail technician practice” means the nonmedical treatment of a person’s fingernails or toenails or the skin in the vicinity of the nails, and includes the use of cosmetic preparations or appliances.

Sec. 20. 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 practicing providing barbering or cosmetology in services outside a licensed shop so long as those services are limited to only:



(A) patients or residents within a hospital, nursing home, community care home, funeral home or any similar facility or to;

(B) persons who are homebound, disabled or, in a hospice or similar program, or to deceased persons in a funeral home;

(4) affect or prevent individuals from serving as make-up artists or hairdressers in the theatrical and performing arts industries;

(5) affect or prevent the practice of barbering or cosmetology outside a registered shop or school by licensees in accordance with rules adopted by the board;

(6) affect or prevent the performing of barbering acts by a person not regularly employed as a barber in towns and villages where there is no advertised regular licensed barber, provided that such person does not advertise or hold himself or herself out as a barber by sign or otherwise.

Sec. 21. 26 V.S.A. § 275 is amended to read:

§ 275. CREATION OF BOARD

(a) A board of barbers and cosmetologists is created, consisting of five members appointed by the governor, who. Members shall be appointed by the governor pursuant to sections 129b and 2004 of Title 3. Members shall be residents of this state.

* * *

(f) A majority of the members of the board shall constitute a quorum for transacting business, and all action shall be taken upon a majority vote of the members present and voting.

Sec. 22. 26 V.S.A. § 277(a) is amended to read:

(a) A person shall be eligible for licensure as a barber if the person is at least 18 years of age, has a high school or general educational development diploma, and has satisfactorily completed an accredited barber school program and an apprenticeship of 12 months; or has satisfactorily completed an apprenticeship of 24 not less than 12 months and not more than 36 months consisting of a minimum of 2,000 hours and a maximum of 3,000 hours in a manner prescribed by the board in addition to courses areas of study, as prescribed by the board, by rule, has a high school or general educational development diploma, and has passed the examination described in section 283 of this title.

Sec. 23. 26 V.S.A. § 278(2) is amended to read:

(2) an apprenticeship of 24 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 the examination described in section 284 283 of this title.

Sec. 24. 26 V.S.A. § 279(2) is amended to read:

(2) an apprenticeship of not less than 12 months and not more than 18 months, consisting of a minimum of 800 hours and a maximum of 1,200 hours, as prescribed by the board by rule; and has passed the examination described in section 283 of this title.

Sec. 25. 26 V.S.A. § 280 is amended to read:

§ 280. QUALIFICATIONS; MANICURIST NAIL TECHNICIAN

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

* * *

(2) an apprenticeship of eight not less than six months and not more than 12 months consisting of a minimum of 600 hours and a maximum of 900 hours, as prescribed by the board by rule, and has passed the examination described in section 284 283 of this title.



Sec. 26. 26 V.S.A. § 282 is amended to read:

§ 282. SHOP; REGISTRATION LICENSE

(a) No shop shall be granted registration a license unless the shop complies with the rules of the board and has a designated licensee responsible for overall cleanliness and, sanitation and safety of the shop.

(b) The practices of barbering and cosmetology shall be permitted only in shops registered licensed by the board, except as provided in section sections 273 and 281 of this title and the rules of the board.

Sec. 27. 26 V.S.A. § 284 is amended to read:

§ 284. ISSUANCE OF LICENSE OR REGISTRATION

* * *

(b) The board shall issue a registration license to the person who owns or controls a shop or school of barbering or cosmetology who has paid the required fee and is in compliance with the rules of the board and the provisions of this chapter.



(c) The license or registration shall be conspicuously displayed for the customer in the licensee’s principal office, place of business, or employment.

Sec. 28. 26 V.S.A. § 286 is amended to read:

§ 286. RENEWAL AND REINSTATEMENT

The holder of a license or registration issued by the board pursuant to this chapter may biennially renew the license or registration upon payment of the renewal fee. A license or registration that has not been renewed by the renewal date shall expire. Within three years of the date of expiration, the holder of the expired license or registration may apply for renewal reinstatement upon the payment of the renewal fee, and a renewal penalty and satisfactory proof of the applicant’s continued competence to resume practice or business. If a license is not reinstated within three years of expiration, the applicant shall meet the requirements of section 284 or 285 of this title before the license may be reinstated.

Sec. 29. 26 V.S.A. § 287 is amended to read:

§ 287. FEES

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

(1) Application:

* * *

(C) Manicurist Nail Technician $ 50.00



* * *

(2) Biennial renewal:

* * *

(C) Manicurist Nail Technician $ 60.00



* * *

Sec. 30. 26 V.S.A. § 288 is amended to read:

§ 288. UNPROFESSIONAL CONDUCT

The conduct listed in this section and in 3 V.S.A. § 129a constitutes unprofessional conduct when committed by a licensee. When that conduct is by an applicant or person who later becomes an applicant, it may constitute grounds for denial of a license or other disciplinary action:

* * *

(5) Performing treatments or providing services which a licensee is not qualified to perform or which are beyond the licensee’s education, training, capabilities, experience, or scope of practice.

Sec. 31. 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 five three years immediately preceding application.

* * * Chiropractors * * *

Sec. 32. 26 V.S.A. § 527 is amended to read:

§ 527. COMPOSITION OF THE BOARD; QUALIFICATION OF

MEMBERS; TERM OF OFFICE

(a) A board of chiropractic is created. The board shall consist of five members appointed by the governor. Board members shall be appointed by the governor pursuant to sections 129b and 2004 of Title 3.

* * *


(c) Members shall be appointed for terms of three years. A member shall serve until a successor is appointed and has qualified, and shall not be eligible for reappointment if he or she has served three consecutive full terms.

(d) A vacancy shall be filled for any unexpired term in the same manner as initial appointments.

Sec. 33. 26 V.S.A. § 534 is amended to read:

§ 534. LICENSE RENEWAL AND REINSTATEMENT

(a) Licenses shall be renewed every two years upon application and payment of the required fee. Failure to comply with the provisions of this section shall result in suspension of all privileges granted by the license beginning on the expiration date of the license. A license which has lapsed shall be renewed reinstated upon payment of the biennial renewal fee and the late renewal penalty.

(b) The board may adopt rules necessary for the protection of the public to assure the board that an applicant whose license has lapsed for more than three years is professionally qualified before the license is reinstated. Conditions imposed under this subsection shall be in addition to the requirements of subsection (a) of this section.

* * *


* * * Dentists * * *

Sec. 34. 26 V.S.A. § 761 is amended to read:

§ 761. QUALIFICATIONS OF MEMBERS; TERM OF OFFICE STATE

BOARD OF DENTAL EXAMINERS; CREATION;

QUALIFICATIONS

The state board of dental examiners is created and shall consist of five dental practitioners of good standing, who have practiced in this state for a period of five years or more, are in active practice, and are legal residents of the state of Vermont, two registered dental hygienists certified pursuant to subchapter 4 of this chapter, who have practiced in the state of Vermont for a period of three years immediately preceding the appointment, are in active practice and are legal residents of the state of Vermont and two members of the public not associated with the practice of dentistry. The term of office of a member shall be five years. A member shall not serve for more than one full term but may serve another term after an interval of one year. Board members shall be appointed by the governor pursuant to sections 129b and 2004 of Title 3. No member of the board may be an officer or serve on a committee of his respective state or local professional dental or dental hygienist organization nor shall any member of the board be on the faculty of a school of dentistry or dental hygiene. Annually, in the month of January, the governor shall appoint members of the board.

Sec. 35. 26 V.S.A. § 763 is amended to read:

§ 763. MEETINGS

The meetings of the board shall be held annually, or oftener more frequently on the call of three the chair or two members.

Sec. 36. 26 V.S.A. § 812 is amended to read:

§ 812. REVOCATION OF LICENSE FOR FAILURE TO PAY FEES

LAPSED LICENSES; FEE EXEMPTION

(a) In case of default of payment of the renewal fee or interim billing fee for a period of 90 days, the license certificate or registration shall be automatically revoked. However, the payment of the fee after the expiration of the 90 days together with the late renewal penalty shall restore the license certificate or registration provided the requirements of subsection 810(c) of this title have been met. Failure to renew a license in a timely fashion shall result in a lapsed license subject to late renewal penalties pursuant to subdivision 125(a)(1) of Title 3.

* * *

* * * Professional Engineers * * *



Sec. 37. 26 V.S.A. § 1171 is amended to read:

§ 1171. BOARD OF PROFESSIONAL ENGINEERING

* * *

(b) One member of the board shall be a member of the public who has no financial interest in engineering other than as a consumer or possible consumer of its services. He shall have no financial interest personally or through a spouse. Board members shall be appointed by the governor in accordance with sections 129b and 2004 of Title 3.



* * *

(f) The governor may remove any member of the board as provided in 3 V.S.A. § 2004.

(g) No person may serve more than three full terms on the board.

* * * Funeral Directors * * *

Sec. 38. 26 V.S.A. § 1212 is amended to read:

§ 1212. RULES; DUTIES



(a) The board shall:

(1) adopt rules establishing requirements for facilities used for embalming and preparation of dead human bodies, including the use of universal precautions. Rules adopted under this subdivision shall be submitted to the commissioner of health before the proposed rule is filed with the secretary of state under chapter 25 of Title 3;

(2) adopt rules governing professional standards, standards for disclosure of prices and a description of the goods and services that will be provided for those prices not inconsistent with Federal Trade Commission regulations regarding funeral industry practices and unfair or deceptive business practices;

(3) provide general information to applicants for licensure;

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

(5) issue licenses to qualified applicants under this chapter.;



(b) The office of professional regulation, with the advice of the advisor appointees established in section 1212a of this title, shall:

(1)(6) adopt rules regarding minimum standards for crematory establishments, including standards for permits and documentation, body handling, containers, infectious diseases, pacemakers, body storage, sanitation, equipment, and maintenance, dealing with the public and other measures necessary to protect the public;.

(2) provide general information to applicants for licensure;

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

(4) issue licenses to qualified applicants under this chapter.

Sec. 39. 26 V.S.A. § 1213 is amended to read:

§ 1213. INSPECTION OF PREMISES

(a) The board of funeral service or the office of professional regulation its designee may, at any reasonable time, inspect funeral and crematory establishments. The office of professional regulation may, at any reasonable time, inspect crematory establishments.

(b) Each funeral and crematory establishment shall be inspected at least once every two years. Copies of the inspector’s report of an inspection inspections of a funeral establishment establishments shall be provided to the board.

Sec. 40. 26 V.S.A. § 1251 is amended to read:

§ 1251. LICENSE REQUIREMENTS

No person, partnership, corporation, association, or other organization may open or maintain a funeral establishment unless the establishment is licensed by the board of funeral service to conduct the business and unless the owner, a co-owner or manager is a licensed funeral director. No person, partnership, corporation, association, or other organization may open or maintain a crematory establishment unless the establishment is licensed by the office of professional regulation board of funeral service. No person may hold himself or herself out as performing the duties of a funeral director unless licensed by the board of funeral service. Except as otherwise permitted by law, no person employed by a funeral or crematory establishment may perform a removal unless registered with the board of funeral service and no person employed by a crematory establishment may perform a removal unless registered with the office of professional regulation.

Sec. 41. 26 V.S.A. § 1252(c) is amended to read:

(c) Crematory establishment. A person, partnership, corporation, association, or other organization desiring to operate a crematory establishment shall apply, in writing, to the office of professional regulation board of funeral service for a license. The applicant, if a partnership, corporation, association, or other organization, must have a designated manager or co-owner who is responsible for the operation of the establishment. The application for a license shall be sworn to by the individual, or a partner or a duly authorized officer of a corporation, shall be on the form prescribed and furnished by the office of professional regulation board, and the applicant shall furnish such information, as required by rule of the office. The application shall be accompanied by a registration licensing fee. However, the applicant shall not be required to pay the registration fee under this subsection if the applicant pays the fee under subsection (b) of this section.

Sec. 42. 26 V.S.A. § 1254 is amended to read:

§ 1254. ISSUANCE OR DENIAL OF LICENSE

If, upon examination review, it is found that the applicant possesses sufficient skill and knowledge of the business, the board shall issue to him or her upon the payment of an initial license fee, a license to engage in the business of funeral director, and shall license him or her funeral establishment, crematory establishment, or removal personnel. If, upon examination, it is found that the applicant possesses sufficient skill and knowledge of the business, the office of professional regulation shall issue to him or her upon the payment of an initial license fee, a license to engage in the business of a crematory establishment. All applications shall be granted or denied within 90 days from the making thereof.

Sec. 43. 26 V.S.A. § 1256 is amended to read:

§ 1256. RENEWAL OF REGISTRATION OR LICENSE

* * *


(c) If a licensee fails to pay the renewal fee by the required date, the license shall be suspended lapse. Thereafter, the license may be renewed reinstated only upon application to the board or the office of professional regulation and upon payment of the renewal fee and a reinstatement fee.

* * *


(e) In addition to the provisions of subsection (a) of this section, an applicant for renewal as a funeral director or embalmer 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.

Sec. 44. 26 V.S.A. § 1257 is amended to read:

§ 1257. UNPROFESSIONAL CONDUCT

(a) A licensee shall not engage in unprofessional conduct.

(b) Unprofessional conduct means the following conduct and conduct set forth in section 129a of Title 3:

* * *


(3) For funeral directors, failure Failure to comply with rules adopted by the board, the office of professional regulation, or by the Federal Trade Commission relating to funeral directors or, for crematory establishments, failure to comply with rules adopted by the office of professional regulation goods and services.

* * *


(c) After hearing and upon a finding of unprofessional conduct, the board or office of professional regulation may take disciplinary action against a licensee.

(d) For purposes of this section, “disciplinary action” includes any action taken by the board or the office of professional regulation against a licensee premised on a finding of unprofessional conduct. Disciplinary action includes all appropriate remedies, including denial of renewal of a license, suspension, revocation, limiting, or conditioning of the license, issuing reprimands or warnings, and adopting consent orders.



(e) Disciplinary proceedings against a licensed crematory establishment or its personnel, when that crematory is independent from a licensed funeral establishment, may, upon petition of the licensee, be heard by an administrative law officer appointed by the director of the office of professional regulation.

* * * Nurses * * *

Sec. 45. 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, two practical nurses, one nursing assistant, and two public members all of whom shall be appointed by the governor. All appointments shall be for terms of three years or until their successors have been duly appointed. No person shall be eligible for more than one sequential reappointment. Board members shall be appointed by the governor pursuant to sections 129b and 2004 of Title 3.

* * * Optometrists * * *

Sec. 46. 26 V.S.A. § 1707 is amended to read:

§ 1707. QUALIFICATIONS; TERM OF OFFICE; REMOVAL

* * *


(b) The board shall consist of five members, three of whom shall be residents of the state, have had at least five years’ experience in the practice of optometry in the state and are in the active practice of optometry at the time of their appointment; and two members who shall be representatives of the public, who shall be residents of the state for five years and who shall have no financial interest in the profession other than as a consumer or potential consumer of its services. The public members shall participate in all board functions with the exception of drafting and grading examinations.

(c) The term of office of each member shall be five years, and no person may serve two successive five year terms. Vacancies shall be filled in the same manner as the original appointment for the unexpired term. Board members shall be appointed by the governor pursuant to sections 129b and 2004 of Title 3.

(d) The governor shall appoint members to the board and may remove any member as provided in section 2004 of Title 3.

Sec. 47. 26 V.S.A. § 1709 is amended to read:

§ 1709. FUNCTIONING OF BOARD OF OPTOMETRY

* * *


(d) A majority of the members of a board shall constitute a quorum for transacting business, and all action shall be taken upon a majority vote of the members present and voting.

(e) All business may be transacted by a majority vote of the members present and voting, unless otherwise provided by law.

* * *

* * * Osteopaths * * *



Sec. 48. 26 V.S.A. § 1791 is amended to read:

§ 1791. COMPOSITION OF THE BOARD; QUALIFICATIONS; TERM OF

OFFICE

(a) A board of osteopathic physicians and surgeons is created. The board shall consist of five members appointed by the governor. Board members shall be appointed by the governor pursuant to sections 129b and 2004 of Title 3.



* * *

(c) Members shall be appointed for terms of three years. A member shall not be eligible for reappointment if she or he has served two consecutive full terms. A majority of the members of the board shall constitute a quorum, and all action shall be taken upon a majority vote of the members present and voting.

(d) A vacancy shall be filled for the unexpired term in the same manner as the initial appointment.

(e) Annually after appointments are made, the board shall elect from among its members a chair and a vice-chair each to serve for one year. No person shall serve as chair or vice-chair for more than three consecutive years.

* * * Pharmacists * * *

Sec. 49. 26 V.S.A. § 2031 is amended to read:

§ 2031. CREATION; APPOINTMENT; TERMS; ORGANIZATION

* * *


(b) Members of the board shall be appointed by the governor pursuant to sections 129b and 2004 of Title 3. Of the members first appointed one member shall serve for one year, one for two years, one for three years, two for four years and two for five years. The public members first appointed shall be for four and five year terms. Thereafter, all members shall serve for terms of five years or until their successors are appointed and qualified. No person shall serve more than two consecutive five-year terms.

(c) Members shall serve at the pleasure of the governor. Vacancies shall be filled in the same manner as the original appointments.

(d) The board shall elect its own chairman and such other officers as it deems necessary from its membership. The board shall meet at such times and places as determined by it. A majority of members shall constitute a quorum, and all action shall be taken upon a majority vote of the members present and voting.

(e) [Repealed.]

Sec. 50. 26 V.S.A. § 2042b(e) is amended to read:

(e) No person shall act as a pharmacy technician without first having submitted an application for registration with the board as set forth in section 2042a of this title. Pending approval for registration, an applicant who has submitted an application may act as a pharmacy technician for up to 30 days or until the board has made a final determination on the application, whichever occurs first.

Sec. 51. 26 V.S.A. § 2046 is amended to read:

§ 2046. FEES

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

* * *

(3) Pharmacy reinspection $100.00

Sec. 52. 26 V.S.A. § 2061(e) is amended to read:

(e) Retail and institutional drug outlets shall be managed by licensed pharmacists who have held an unrestricted license in this or another state for at least one year. A pharmacist who holds a restricted license may petition the board for permission to be a pharmacist manager, which may be granted by the board for good cause shown.

Sec. 53. 26 V.S.A. § 2076(c) is added to read:



(c) If the board determines it is necessary to inspect a certain premises under the same ownership more than once in any two‑year period, the board may charge a reinspection fee of $100.00.

* * * Physical Therapists * * *

Sec. 54. 26 V.S.A. § 2081a is amended to read:

§ 2081a. DEFINITIONS

As used in this chapter:

* * *


(2) “Disciplinary action” or “disciplinary cases” includes any action taken by the administrative law officer appointed under 3 V.S.A. § 129(j) against a licensee or applicant premised upon a finding of wrongdoing or unprofessional conduct by the licensee or applicant. It includes all sanctions of any kind, including obtaining injunctions, suspending or revoking licenses, issuing conditions on practice, warnings, and other similar sanctions and ordering restitution.

* * *


(5) “Physical therapy aide” means an unlicensed a person, trained under the direction of a physical therapist, who performs designated and supervised routine physical therapy tasks. The physical therapy aide may perform tasks related to preparation of a patient and equipment for treatment, housekeeping, transportation, clerical duties and departmental maintenance. The aide may provide that type of elementary and direct patient care which the patient and family member could reasonably be expected to learn and perform. The direct patient care provided is a component of the established physical therapy program.

* * *


Sec. 55. 26 V.S.A. § 2082 is amended to read:

§ 2082. PROHIBITION; OFFENSES

(a) No person shall:

* * *


(2) use in connection with the person’s name or business the words “physical therapy,” “physical therapist,” “physical therapist assistant,” “physiotherapy,” “physiotherapist,” the initials “PT,” “PTA,” “DPT,” or any letters, words, abbreviations, or insignia indicating or implying that the person is a physical therapist or physical therapist assistant unless the person is licensed in accordance with this chapter; or

* * *


(c) A physical therapist shall use the letters “PT” in connection with the physical therapist’s name or place of business to denote licensure, and a physical therapist assistant shall use the letters “PTA.”

Sec. 56. 26 V.S.A. § 2083 is amended to read:

§ 2083. EXEMPTIONS FROM LICENSURE

The following persons shall be permitted to practice as a physical therapist or physical therapist assistant in this state without obtaining a license under this chapter upon the following conditions:

* * *

(2) physical therapists licensed in other jurisdictions while enrolled in this state in graduate postprofessional educational programs that include the evaluation and treatment of patients as part of their experience required for credit, as long as the student’s practice is limited to the scope of the educational program;



(3) practitioners of physical therapy physical therapists and physical therapist assistants employed in the United States Armed Services, United States Public Health Service, Veterans Administration, or other federal agency;

(4) physical therapists or physical therapist assistants licensed or regulated in other jurisdictions another jurisdiction of the United States or credentialed to practice physical therapy in another country if that person is who are teaching, demonstrating, or providing physical therapy in connection with teaching or participating in special physical therapy education projects, demonstrations or courses in this state, in which their participation in the evaluation and treatment of patients is minimal an educational seminar of no more than 60 days in a calendar year;



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

(6) a physical therapist or physical therapist assistant licensed in another jurisdiction of the United States or credentialed in another country, if that person by contract or employment is providing physical therapy to individuals affiliated with or employed by an athletic team, an athletic organization, or a performing arts company temporarily practicing, competing, or performing in the state for no more than 60 days in a calendar year.

Sec. 57. 26 V.S.A. § 2091 is amended to read:

§ 2091. DIRECTOR OF THE OFFICE OF PROFESSIONAL

REGULATION; DUTIES

The director of the office of professional regulation, with the advice of the advisors appointed under this chapter, shall:

* * *


(5) receive and evaluate applications for licensure, administer provide for examinations and set passing scores, provide licenses to applicants qualified under this chapter, renew, revoke, and reinstate licenses, or otherwise discipline licensees as ordered by an administrative law officer; and

(6) issue to each person licensed, a certificate of licensure which shall be prima facie evidence of the right of the person to whom it is issued to practice as a licensed physical therapist or to represent himself or herself as a licensed physical therapist assistant, subject to the conditions and limitations of this chapter; and



(7) adopt rules necessary to perform his or her duties under this chapter.

Sec. 58. 26 V.S.A. § 2092(a) is amended to read:

(a) The secretary of state shall appoint two physical therapists to serve as advisors in matters relating to physical therapy. They shall be appointed for staggered three-year five-year terms and shall serve at the pleasure of the secretary. One of the initial appointments may be for less than a three-year full term. Appointees shall have not less than three years experience as a physical therapist immediately preceding appointment and shall be actively engaged in the practice of physical therapy in Vermont during incumbency.

Sec. 59. 26 V.S.A. § 2101 is amended to read:



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