Title 25, Professions And Occupations

PART I. GENERAL PROVISIONS §436B-1 Short title. This chapter shall be known as and may be cited as the Professional and Vocational Licensing Act. [L 1991, c 111, pt of §2; am L 1992, c 202, §6]

§436B-10 Application and requirements for licensure. (a) Application for a license shall be made on an application form to be furnished by the licensing authority. An applicant shall provide the following information on the application form: Failure to provide the above informati…

§436B-11 Additional licensure requirements. In addition to any other requirements provided by law, the licensing authority may also require by rule that the applicant provide the following:

[§436B-12] Criminal conviction. When an applicant has been convicted of a penal crime directly related to the profession, vocation, or occupation for which licensure is sought, and it is determined that the conviction may be considered under section 831-3.1, the department, execu…

[§436B-13] Renewal of license. (a) Each licensee shall be responsible for timely renewing the licensee's license and satisfying the renewal requirements provided by law. (b) At the time of license renewal, each licensee shall submit a completed renewal application and all applica…

[§436B-13.3] Inactive license; reactivation of inactive license. (a) Unless otherwise provided by law, each licensing authority may allow a licensee to place its license on inactive status and provide conditions for the reactivation of the license. (b) If a licensing authority de…

[§436B-14] Restoration of forfeited license. A license which has been forfeited may be restored by the licensing authority within one year after the date of forfeiture upon compliance with the licensing renewal requirements provided by law and upon written application and payment…

[§436B-14.5] Extension of licenses for members of the armed forces, National Guard, and reserves. (a) Notwithstanding any other law to the contrary, any license held by a member of the armed forces, National Guard, or a reserve component that expires, is forfeited, or deemed deli…

[§436B-14.6] Licensure by endorsement or licensure by reciprocity; experience requirements. (a) Unless otherwise provided by law, an applicant for licensure by endorsement or licensure by reciprocity who is a nonresident military spouse may demonstrate competency in a specific pr…

§436B-14.7 Licensure by endorsement or licensure by reciprocity; initial acceptance by affidavit; temporary license; military spouse. (a) Notwithstanding any other law to the contrary, a person who is married to an active duty member of the armed forces of the United States shall…

§436B-15 Fees and expenses. No applicant or licensee shall be granted a license pursuant to the licensing laws unless the appropriate fees have been paid. Unless otherwise provided by law, the director shall establish the amount for all fees and expenses by rules adopted pursuant…

§436B-15.5 Conversion of license. (a) Notwithstanding any other provision of law to the contrary, a licensee who has converted its form of business entity in accordance with sections 414-271, 414D-207, 415A-16.5, 425E-1102, and 428-902.5, and desires to continue engaging in a pro…

PART IV. LICENSEE REPORTING REQUIREMENTS [§436B-16] Notice of judgments, penalties. (a) Each licensee shall provide written notice within thirty days to the licensing authority of any judgment, award, disciplinary sanction, order, or other determination, which adjudges or finds t…

§436B-17 Filing of current addresses. Each licensee shall file with the licensing authority the licensee's current mailing, business, and residence address. It shall be the licensee's duty to provide written notice to the licensing authority of any change of address within thirty…

PART V. LICENSING SANCTIONS [§436B-18] Disciplinary action. In addition to the licensing sanctions or remedies provided by section 92-17 against any licensee, the licensing authority may also impose conditions or limitations upon a licensee's license after a hearing conducted in …

§436B-19 Grounds for refusal to renew, reinstate or restore and for revocation, suspension, denial, or condition of licenses. In addition to any other acts or conditions provided by law, the licensing authority may refuse to renew, reinstate or restore, or may deny, revoke, suspe…

[§436B-19.5] Suspension or denial of license for noncompliance with child support order. In addition to any other acts or conditions provided by law, the licensing authority shall refuse to renew, reinstate, or restore, or shall deny or suspend any license if the authority has re…

§436B-2 General definitions. As used in this chapter: "Board" means any board or commission which is created and authorized by statute to issue a professional or vocational license, and is established within or transferred to the department for administrative purposes or subject …

§436B-20 Suspended license. No license shall be suspended by the licensing authority for a period exceeding five years. A person whose license has been suspended may apply for reinstatement of the license to the extent authorized by law and upon complete compliance with any term …

§436B-21 Revoked license. A person may apply for a new license after five years from the effective date of the revocation of the license by filing an application and complying with all current requirements for new applicants. The licensing authority may waive any applicable educa…

§436B-22 Relinquishment no bar to jurisdiction. The forfeiture, nonrenewal, surrender, or voluntary relinquishment of a license by a licensee shall not bar jurisdiction by the licensing authority to proceed with any investigation, action, or proceeding to revoke, suspend, conditi…

§436B-23 Summary suspension. Notwithstanding any law to the contrary, the licensing authority or its delegate may cause the immediate suspension or restriction of a license, subject to subsequent notice and hearing or other adequate procedures, upon a specific determination that …

§436B-24 Hearings. Unless otherwise provided by law, in every case in which the licensing authority refuses to issue, renew, restore or reinstate a license, or proposes to take disciplinary action or other licensing sanctions against a licensee, the proceeding before the licensin…

[§436B-25] Judicial review by circuit court. Any person aggrieved by a final decision and order of the board in a "contested case", as defined in chapter 91, is entitled to judicial review thereof by the circuit court of the circuit in which the board making the final decision an…

PART VI. CIVIL AND CRIMINAL SANCTIONS [§436B-26] No compensation for unlicensed activity; civil action. The failure of any person to maintain a current and a valid license prior to engaging in any activity requiring licensure by the licensing authority shall prevent such person f…

[§436B-26.5] Citation for unlicensed activity; civil penalties. (a) In addition to any other remedy available, the investigator may issue citations to persons acting in the capacity of or engaging in business within the State without having a license previously obtained under and…

§436B-27 Civil and criminal sanctions for unlicensed activity; fines; injunctive relief; damages; forfeiture. (a) Any licensee aiding or abetting an unlicensed person to directly or indirectly evade this chapter or the applicable licensing laws, or combining or conspiring with an…

[§436B-28] Remedies or penalties cumulative. Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this State. [L 1991, c 111, pt of §2]

[§436B-29] Severability. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or applicatio…

§436B-3 Applicability; prevailing provisions; construction. (a) The provisions of this chapter shall only be applicable to the professions and vocations required by law to be regulated by the licensing authority. (b) Unless otherwise stated in this chapter, chapters 26, 26H, 91, …

[§436B-4] Rules. The licensing authority may adopt rules pursuant to chapter 91 to effectuate this chapter and its licensing laws, and to carry out its purpose of protecting the health, safety, and welfare of consumers of services provided by a profession or vocation regulated by…

PART II. ORGANIZATION [§436B-5] Conditions of office. (a) Each member of a board shall be selected and shall serve under the provisions of section 26-34, and before beginning a term of office, shall take an oath of office before a notary public, or other officer empowered to admi…

§436B-6 Organization of boards. (a) Immediately upon the qualification and appointment of the original members, and annually thereafter, the board shall elect one member as chair and one member as vice-chair. In the absence of both the chair and the vice-chair to preside at a mee…

§436B-7 Powers and duties of licensing authority. In addition to any other powers and duties authorized by law, each licensing authority may:

§436B-8 Delegation of authority. (a) The board shall delegate to the department the authority to receive, arbitrate, investigate, and prosecute any complaint against a licensee. (b) A licensing authority may delegate to the executive secretary, or other designee, any of its power…

[§436B-8.5] Review of examinations. The department, in its discretion, may allow an applicant to review the most recent examination failed by the applicant, provided that under no circumstances shall the licensing authority or the department allow an examination to be copied. [L …

PART III. APPLICATION FOR LICENSURE §436B-9 Action on applications; abandoned applications. (a) Unless otherwise provided by law, each licensing authority shall take the following actions within one year after the filing of a complete application for licensure: (b) An applicant w…

[§436E-1] Declaration of necessity for regulation and control. The legislature hereby finds and declares that the practice of acupuncture is a theory and method for treatment of illness and disability and for strengthening and invigorating the body and as such affects the public …

§436E-10 Revocation or suspension of licenses. In addition to any other actions authorized by law, any license to practice acupuncture under this chapter may be revoked or suspended by the board of acupuncture at any time in a proceeding before the board for any cause authorized …

[§436E-10.5] Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction requiring registration as a sex offender; conditions. (a) Notwithstanding any law to the contrary, the board shall automatically revoke a license or deny an a…

[§436E-12] Penalty. (a) Any person except a person licensed under this chapter who practices, treats, or instructs in any phase of acupuncture without a license or permit issued by the board, or uses any word or title to induce the belief that they are engaged in the practice of …

§436E-13 Use of titles. (a) A licensee who has been awarded a license to practice acupuncture by the board in this State may use the title of "Licensed Acupuncturist" or designation "L.Ac." with the licensee's name in an advertisement for acupuncture or announce or append the des…

[§436E-14] Foreign school curricula and standards. The board of acupuncture shall not recognize and approve an earned doctoral degree from a foreign university or college whose curricula and standards are not equivalent to or higher than institutions in the United States which ha…

[§436E-2] Definitions. As used in this chapter: "Acupuncture practitioner" means a person engaged in the practice of acupuncture. "Board" means the board of acupuncture. "Department" means the department of commerce and consumer affairs. "Director" means the director of commerce …

§436E-3 License required. Except as otherwise provided by law, no person shall practice acupuncture in this State either gratuitously or for pay, or shall offer to so practice, or shall announce themselves either publicly or privately as prepared or qualified to so practice any m…

§436E-3.5 Physicians and osteopaths not exempt. Persons licensed under chapter 453 who desire to practice acupuncture shall be subject to licensing under this chapter. [L 1989, c 180, §2; am L 1993, c 260, §1; am L 2009, c 11, §57]

[§436E-3.6] Acupuncture intern permit required. (a) Except as otherwise provided by law, no person shall practice as an acupuncture intern in this State either gratuitously or for pay, without having first obtained a permit from the board. This permit shall entitle the applicant …

§436E-4 Exemptions. A licensed acupuncturist of another state or country for demonstrations or lectures to be given at acupuncture or medical society meetings or at acupuncture schools shall be exempt from licensing procedures set forth in this chapter. [L 1985, c 214, pt of §1; …

§436E-5 Qualifications for examination. (a) No person shall be licensed to practice acupuncture unless the person has passed an examination and has been found to have the necessary qualifications as prescribed in the rules adopted by the board pursuant to chapter 91. (b) Prior to…

§436E-6 Board of acupuncture. (a) There shall be a board of acupuncture, the members of which shall be appointed by the governor. The board shall consist of five persons, two of whom shall be private citizens and three shall be acupuncturists licensed in accordance with this chap…