Title 26, Title 26: Professions and Occupations

§ 1317. Unprofessional conduct to be reported to Board (a) Required reporters. Any hospital, clinic, community mental health center, or other health care institution in which a licensee performs professional services shall report to the Board, along with supporting information an…

§ 1318. Accessibility and confidentiality of disciplinary matters (a) It is the purpose of this section both to protect the reputation of licensees from public disclosure of unwarranted complaints against them and to fulfill the public’s right to know of any action taken against …

§ 1351. Board of Medical Practice (a) The Board of Medical Practice is created. The Board shall be composed of 17 members, nine of whom shall be licensed physicians, one of whom shall be a physician assistant licensed pursuant to chapter 31 of this title, one of whom shall be a p…

§ 1353. Powers and duties of the Board The Board shall have the following powers and duties to: (1) License and certify health professionals pursuant to this title. (2) Investigate all complaints and charges of unprofessional conduct against any holder of a license or certificate…

§ 1354. Unprofessional conduct (a) Prohibited conduct. The Board shall find that any one of the following, or any combination of the following, whether the conduct at issue was committed within or outside the State, constitutes unprofessional conduct: (1) fraud or misrepresentati…

§ 1364. References to the State Board of Medical Registration The State Board of Medical Registration is abolished. All references in the Vermont Statutes Annotated to the State Board of Medical Registration shall be deemed from and after July 1, 1976, to refer to the State Board…

§ 1365. Notice of conviction of crime; interim suspension of license (a) The Board shall treat a notice of conviction of a crime for which a licensee may be disciplined under section 1354 of this title as an unprofessional conduct complaint. A certified copy of the judgment of co…

§ 1366. Out-of-state discipline; interim suspension of license (a) The Board shall treat a certified copy of an order revoking or suspending the license of a person licensed to practice medicine or surgery in another jurisdiction on grounds for which a licensee may be disciplined…

§ 1367. Appeals from Board orders A party aggrieved by a final order of the Board may, within 30 days of the order, appeal that order to the Vermont Supreme Court on the basis of the record created before the Board. (Added 2001, No. 132 (Adj. Sess.), § 10, eff. June 13, 2002.)

§ 1368. Data repository; licensee profiles (a) A data repository is created within the Department of Health that will be responsible for the compilation of all data required under this section, under this chapter, and under any other law or rule that requires the reporting of suc…

§ 1370. Complaints; investigative committee (a)(1) Any individual, organization, or public officer may submit a written complaint to the Board alleging that any individual practicing medicine in the State committed unprofessional conduct or that an individual practiced without be…

§ 1371. Access to documents; discovery (a)(1) A licensee who is notified that a specification of one or more charges of unprofessional conduct have been made against the individual in accordance with subdivision 1370(b)(3) of this chapter shall be entitled to inspect and copy all…

§ 1372. Hearing panel (a) Composition of hearing panel. (1) The Executive Director may designate a hearing panel constituting less than a quorum of the Board to conduct hearings that would otherwise be heard by the full Board. A hearing panel shall consist of at least three membe…

§ 1373. Hearing before the Board (a) If the Board deems it necessary, following receipt of the report of the hearing panel pursuant to section 1372 of this chapter and after further notice to the individual complained against, the Board may take additional evidence at a hearing b…

§ 1374. Decision and order (a) Regardless of whether the Board makes its determination on the findings of the hearing panel pursuant to section 1372 of this chapter alone, on the findings of the hearing panel as supplemented by a hearing before the Board pursuant to section 1373 …

§ 1375. Subpoenas; contempt (a) The Board may issue subpoenas to compel the attendance of witnesses at any investigation or hearing. (b) The Board shall issue subpoenas on behalf of the individual complained against at the request of such person. (Added 2019, No. 126 (Adj. Sess.)…

§ 1376. Confidentiality; inadmissibility of certain evidence (a) A hearing panel or the Board, or both, may close portions of a hearing or hearings to the public if the panel or Board deems it appropriate in order to protect the confidentiality of an individual or for medical and…

§ 1377. Nondisciplinary financial penalty (a) For violations of statutes and Board rules of an administrative nature, the Board may, in its sole discretion, elect to offer a licensee the opportunity to pay a nondisciplinary financial penalty of not more than $250.00 for each inst…

§ 1391. Qualifications for medical licensure (a) Basic requirements. (1) An applicant for physician licensure as a medical doctor shall meet each of the requirements set forth in subdivisions (2)(A) through (D) of this subsection. A requirement may be met either by satisfying the…

§ 1392. Limited temporary license for postgraduate training (a) Qualifications for limited training license. (1) An applicant for a limited training license to practice medicine in a postgraduate training program shall meet each of requirements set forth in subdivisions (2)(A) th…

§ 1395. License by endorsement (a) The Board shall have an endorsement process for physician licensure that requires not more than three years of practice in good standing in another jurisdiction within the United States, regardless of whether that jurisdiction has licensing requ…

§ 1398. Refusal or revocation of licenses (a) The Board may refuse to issue a license or certificate to an applicant who applies to be licensed or certified under this chapter and who, by false or fraudulent representations, has obtained or sought to obtain practice in the profes…

§ 1400. Renewal of license; continuing medical education (a) Every person licensed to practice medicine by the Board shall apply biennially for the renewal of his or her license. At least one month prior to the date on which renewal is required, the Board shall send to each licen…

§ 1401a. Fees (a) The Department of Health shall collect the following fees: (1) Application for licensure, $650.00; the Board shall use at least $25.00 of this fee to support the cost of maintaining the Vermont Practitioner Recovery Network, which, for the protection of the publ…

§ 1402. Health maintenance organization; medical director A medical director who is a physician employed by a health maintenance organization in this State, which has individuals who have entered into contracts with a health maintenance organization for the provision of health ca…

§ 1403. Professional corporations; medicine A person licensed to practice medicine under this chapter may own shares in a professional corporation created under 11 V.S.A. chapter 4 that provides professional services in the medical and nursing professions. (Added 2007, No. 14, § …

§ 1404. Applicant for expedited licensure; fingerprint data (a) An applicant for expedited licensure pursuant to section 1420e of this chapter shall submit a full set of fingerprints to the Board for the purpose of obtaining State and federal criminal background checks pursuant t…

§ 1420. Interstate Medical Licensure Compact; adoption This subchapter is the Vermont adoption of the Interstate Medical Licensure Compact as revised by the Interstate Medical Licensure Compact Commission. The form, format, and text of the compact have been conformed to the conve…

§ 1420a. Purpose In order to strengthen access to health care, and in recognition of the advances in the delivery of health care, the member states of the Interstate Medical Licensure Compact have allied in common purpose to develop a comprehensive process that complements the ex…

§ 1420b. Definitions As used in this compact: (1) “Bylaws” means those bylaws established by the Interstate Commission pursuant to section 1420k of this subchapter for its governance or for directing and controlling its actions and conduct. (2) “Commissioner” means the voting rep…

§ 1420c. Eligibility (a) A physician must meet the eligibility requirements as defined in subdivision 1420b(11) of this subchapter to receive an expedited license under the terms and provisions of the Compact. (b) A physician who does not meet the requirements of subdivision 1420…

§ 1420d. Designation of state of principal license (a) A physician shall designate a member state as the state of principal license for purposes of registration for expedited licensure through the Compact if the physician possesses a full and unrestricted license to practice medi…

§ 1420e. Application and issuance of expedited licensure (a) A physician seeking licensure through the Compact shall file an application for an expedited license with the member board of the state selected by the physician as the state of principal license. (b) Upon receipt of an…

§ 1420f. Fees for expedited licensure (a) A member state issuing an expedited license authorizing the practice of medicine in that state may impose a fee for a license issued or renewed through the Compact. (b) The Interstate Commission is authorized to develop rules regarding fe…

§ 1420g. Renewal and continued participation (a) A physician seeking to renew an expedited license granted in a member state shall complete a renewal process with the Interstate Commission if the physician: (1) maintains a full and unrestricted license in a state of principal lic…

§ 1420h. Coordinated information system (a) The Interstate Commission shall establish a database of all physicians licensed or who have applied for licensure under section 1420e of this subchapter. (b) Notwithstanding any other provision of law, member boards shall report to the …

§ 1420i. Joint investigations (a) Licensure and disciplinary records of physicians are deemed investigative. (b) In addition to the authority granted to a member board by its respective Medical Practice Act or other applicable state law, a member board may participate with other …

§ 1420j. Disciplinary actions (a) Any disciplinary action taken by any member board against a physician licensed through the Compact shall be deemed unprofessional conduct that may be subject to discipline by other member boards, in addition to any violation of the Medical Practi…

§ 1420k. Interstate Medical Licensure Compact Commission (a) The member states hereby create the “Interstate Medical Licensure Compact Commission.” (b) The purpose of the Interstate Commission is the administration of the Interstate Medical Licensure Compact, which is a discretio…

§ 1420l. Powers and duties of the Interstate Commission The Interstate Commission shall have a duty and power to: (1) Oversee and maintain the administration of the Compact; (2) Promulgate rules that shall be binding to the extent and in the manner provided for in the Compact; (3…

§ 1420m. Finance powers (a) The Interstate Commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff. The total assessment must be sufficient to cover the annual bud…

§ 1420n. Organization and operation of the Interstate Commission (a) The Interstate Commission shall, by a majority of the Commissioners present and voting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the Compact within 12 mo…

§ 1420o. Rulemaking functions of the Interstate Commission (a) The Interstate Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of the Compact. Notwithstanding the foregoing, in the event the Interstate Commission exercises …

§ 1420p. Oversight of Interstate Compact (a) The executive, legislative, and judicial branches of state government in each member state shall enforce the Compact and shall take all actions necessary and appropriate to effectuate the Compact’s purposes and intent. The provisions o…

§ 1420q. Enforcement of Interstate Compact (a) The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of the Compact. (b) The Interstate Commission may, by majority vote of the Commissioners, initiate legal action in the U.…

§ 1420r. Default procedures (a) The grounds for default include, but are not limited to, failure of a member state to perform such obligations or responsibilities imposed upon it by the Compact, or the rules and bylaws of the Interstate Commission promulgated under the Compact. (…