§ 5423. Establishments; designee and inspection
(a) An establishment shall register with the Office of Professional Regulation. The operation of an establishment without registration shall constitute unauthorized practice under 3 V.S.A. § 127.
(b) An establishment is responsible for ensuring its lawful operation, regardless of whether the establishment’s owner is on-site or has personal knowledge of its operations. The Office may prosecute an establishment for unprofessional conduct or unauthorized practice occurring at the establishment.
(c) The Director may require that an application for establishment registration include:
(1) the management and ownership of the business;
(2) the name, location, and licensing history of any past or present massage establishment under the same management or ownership;
(3) the location and ownership of the establishment’s premises;
(4) proof of business registration with the Secretary of State; and
(5) other information required by the Director in rule.
(d) The Director may deny an establishment registration of a location where unprofessional conduct, as defined in subdivision 5427(2) or (3) of this title, has previously occurred, even if under different ownership or management. A denial on this basis shall follow the same procedures as a denial for unprofessional conduct under 3 V.S.A. § 129.
(e) A person authorized by the Director may enter any establishment for the purpose of inspection. The Director may require an establishment to undergo inspection prior to registration. A fee shall not be charged for any inspection under this subsection. (Added 2019, No. 178 (Adj. Sess.), § 29, eff. April 1, 2021; amended 2025, No. 119 (Adj. Sess.), § 18, eff. December 1, 2026.)