Title 26, Title 26: Professions and Occupations

§ 1253. Examinations An applicant for a funeral director’s or embalmer’s license shall be examined as the Director may require by rule. (Amended 1959, No. 224, § 6; 1969, No. 239 (Adj. Sess.), § 13; 2009, No. 35, § 19; 2017, No. 144 (Adj. Sess.), § 15.)

§ 1254. Issuance or denial of license If, upon review, it is found that the applicant possesses sufficient skill and knowledge of the business and has met the application and qualification requirements set forth in this chapter, the Director shall issue to him or her a license to…

§ 1256. Renewal of registration or license (a) Biennially, every licensee shall renew his or her or its registration or license by paying the required fee. (b) Upon request of the Department of Health or a person authorized to issue burial or removal permits, a licensee shall sho…

§ 1257. Unprofessional conduct (a) A licensee shall not engage in unprofessional conduct. (b) Unprofessional conduct means the following conduct and conduct set forth in 3 V.S.A. § 129a: (1) Using dishonest or misleading advertising. (2) Failure to make available, upon request of…

§ 1271. Prepaid arrangements A funeral establishment that sells services or merchandise that is not to be delivered or provided within 30 days of sale has entered into a prepaid funeral arrangement and shall comply with the requirements of this subchapter. (Added 1991, No. 219 (A…

§ 1272. Rules; prepaid funeral funds The Director shall adopt rules to carry out the provisions of this subchapter to ensure the proper handling of all funds paid pursuant to a prepaid funeral agreement and to protect consumers in the event of default. The rules shall include pro…

§ 1272a. Activities connected with funeral A funeral establishment may offer food and drink in connection with a funeral, provided the establishment complies with applicable requirements of the Department of Health. (Added 1997, No. 40, § 22d.)

§ 1273. Written agreements (a) Each prepaid funeral arrangement shall be expressed in a written contract. The Director shall adopt rules for standard provisions to be included in all pre-need trust forms and may adopt a standard form that every funeral director accepting prepaid …

§ 1274. Transfer of contracts and assets (a) A buyer of prepaid funeral arrangements may transfer a revocable or irrevocable contract and assets to another funeral director under similar arrangements, in Vermont or outside. The funeral director who originated the contract may cha…

§ 1276. Embalming fluids and compounds; sale or use; prohibition The sale or use for embalming purposes of any fluid containing arsenic, zinc, mercury, copper, lead, silver, antimony, chloral, or cyanogen, or of any compound containing any of these, or any poisonous alkaloid, sha…

§ 1277. Suspicious cases A person shall not embalm or introduce any fluid into a body of a person who has died under suspicious circumstances or when a criminal cause of death is suspected until after a legal investigation has determined the facts. An embalmer shall forthwith rep…

§ 1311. Definitions As used in this chapter: (1) “Practice of medicine” means: (A) using the designation “Doctor,” “Doctor of Medicine,” “Physician,” “Dr.,” “M.D.,” or any combination thereof in the conduct of any occupation or profession pertaining to the prevention, diagnosis, …

§ 1312. Faith cure; mind healing; laying on of hands The provisions of this chapter shall apply to persons professing and attempting to cure disease by means of “faith cure,” “mind healing,” or “laying on of hands,” but shall not apply to persons who merely practice the religious…

§ 1313. Exemptions (a) The provisions of this chapter shall not apply to the following: (1) A health care professional licensed or certified by the Office of Professional Regulation when that person is practicing within the scope of his or her profession. (2) A member of the U.S.…

§ 1314. Illegal practice (a) A person who, not being licensed, advertises or holds himself or herself out to the public as described in section 1311 of this title, or who, not being licensed, practices medicine as defined in section 1311 of this title, or who practices medicine u…

§ 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…