Title 26, Title 26: Professions and Occupations

§ 1642. Nursing assistant licensure by examination The Board may issue a license to practice as a nursing assistant to an applicant who: (1) is no less than 16 years of age; (2) has completed an approved nursing assistant education program; and (3) has successfully completed the …

§ 1643. Nursing assistant licensure by endorsement (a) The Board may issue a license to practice as a nursing assistant to an applicant who: (1) is licensed or registered in another U.S. jurisdiction; and (2) has met the practice requirements set by the Board by rule. (b) Except …

§ 1644. Prohibitions; offenses (a) A person shall not use any letters, words, or insignia in connection with the person’s name that indicate or imply that the person is a nursing assistant unless the person is licensed in accordance with this subchapter. (b) A person shall not pr…

§ 1645. Renewal (a) To renew a license, a nursing assistant shall meet ongoing practice requirements set by the Board by rule. (b) The Board shall credit as ongoing practice those activities, regardless of title or obligation to hold a license, that reasonably tend to reinforce t…

§ 1646. Exemptions (a) Nothing in this subchapter shall be construed to prohibit other licensed or certified professionals from carrying on in the usual manner any of the functions of their professions. (b) This subchapter does not prohibit the performance of nursing or nursing-r…

§ 1647. Nurse Licensure Compact; adoption This subchapter is the Vermont adoption of the Nurse Licensure Compact as amended by the National Council of State Boards of Nursing. The form, format, and text of the Compact have been conformed to the conventions of the Vermont Statutes…

§ 1647a. Findings and declaration of purpose (a) The party states find that: (1) The health and safety of the public are affected by the degree of compliance with and the effectiveness of enforcement activities related to state nurse licensure laws. (2) Violations of nurse licens…

§ 1647b. Definitions As used in this subchapter: (1) “Adverse action” means any administrative, civil, equitable, or criminal action permitted by a state’s laws that is imposed by a licensing board or other authority against a nurse, including actions against an individual’s lice…

§ 1647c. General provisions and jurisdiction (a) A multistate license to practice registered or licensed practical or vocational nursing issued by a home state to a resident in that state will be recognized by each party state as authorizing a nurse to practice as an RN or LPN/VN…

§ 1647d. Applications for licensure in a party state (a) Upon application for a multistate license, the licensing board in the issuing party state shall ascertain, through the coordinated licensure information system, whether the applicant has ever held, or is the holder of, a li…

§ 1647e. Additional authority invested in party state licensing boards (a) In addition to the other powers conferred by state law, a licensing board shall have the authority to: (1) Take adverse action against a nurse’s multistate licensure privilege to practice within that party…

§ 1647f. Coordinated licensure information system (a) All party states shall participate in a coordinated licensure information system of all licensed RNs and LPNs/VNs. This system will include information on the licensure and disciplinary history of each nurse, as submitted by p…

§ 1647g. Interstate Commission of Nurse Licensure Compact Administrators; establishment (a) The party states hereby create and establish a joint public entity known as the Interstate Commission of Nurse Licensure Compact Administrators. (1) The Commission is an instrumentality of…

§ 1647h. Rulemaking (a) The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment and shall have the same fo…

§ 1647i. Oversight, dispute resolution, and enforcement (a) Oversight. (1) Each party state shall enforce this Compact and take all actions necessary and appropriate to effectuate this Compact’s purposes and intent. (2) The Commission shall be entitled to receive service of proce…

§ 1647j. Effective date, withdrawal, and amendment (a) This Compact shall become effective and binding on the earlier of the date of legislative enactment of this Compact into law by not fewer than 26 states or December 31, 2018. All party states to this Compact that also were pa…

§ 1647k. Construction and severability This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable, and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the consti…

§ 1648. Administration of the Nurse Licensure Compact (a) The Vermont State Board of Nursing shall have the power to: (1) oversee the administration and enforcement of the Nurse Licensure Compact within the State of Vermont; (2) recover from a nurse practicing under the provision…

§ 1651. Definitions As used in this chapter: (1) “Anesthesiologist” means a person licensed to practice medicine or osteopathy under chapter 23 or 33 of this title and who either has completed a residency in anesthesiology approved by the American Board of Anesthesiology or the A…

§ 1652. Certification and rulemaking The Board shall certify anesthesiologist assistants, and the Commissioner of Health shall adopt rules regarding the training, practice, supervision, qualification, scope of practice, places of practice, and protocols for anesthesiologist assis…

§ 1653. Application (a) Applications for certification shall be accompanied by an application by the proposed supervising anesthesiologist that shall contain a statement that the anesthesiologist shall be responsible for all professional activities of the anesthesiologist assista…

§ 1654. Eligibility To be eligible for certification as an anesthesiologist assistant, an applicant shall have: (1) obtained a master’s degree from a board-approved anesthesiologist assistant program at an institution of higher education accredited by the Committee on Allied Heal…

§ 1655. Temporary certification (a) The Board may issue a temporary certification to a person who applies for certification for the first time in this State and meets the educational requirements under section 1654 of this title. (b) Temporary certification may be issued only for…

§ 1656. Renewal of certification (a) Certifications shall be renewed every two years. At least one month prior to the date on which renewal is required, the Board shall send to each anesthesiologist assistant a renewal application form and notice of the date on which the existing…

§ 1657. Supervision and scope of practice (a) The number of anesthesiologist assistants permitted to practice under the direction and supervision of a physician shall be determined by the Board after review of the system of care delivery in which the supervising anesthesiologist …

§ 1658. Unprofessional conduct (a) The following conduct and the conduct described in section 1354 of this title by a certified anesthesiologist assistant constitutes unprofessional conduct. When that conduct is by an applicant or person who later becomes an applicant, it may con…

§ 1659. Disposition of complaints (a) Complaints and allegations of unprofessional conduct shall be processed in accordance with the rules of procedure of the Board. (b) Any person, firm, corporation, or public officer may submit a written complaint to the Board alleging any anes…

§ 1660. Use of title Any person who is certified to practice as an anesthesiologist assistant in this State shall have the right to use the title “anesthesiologist assistant” and the abbreviation “A.A.” No other person may assume that title or use that abbreviation, or any other …

§ 1661. Legal liability (a) The supervising anesthesiologist delegating activities to an anesthesiologist assistant shall be legally liable for such activities of the anesthesiologist assistant, and the anesthesiologist assistant shall in this relationship be the anesthesiologist…

§ 1662. Fees Applicants and persons regulated under this chapter shall pay the following fees: (1)(A)(i) Original application for certification, $120.00; (ii) Each additional application, $55.00; (B) The Board shall use at least $10.00 of these fees to support the cost of maintai…

§ 1663. Notice of use of anesthesiologist assistants An anesthesiologist that utilizes the services of an anesthesiologist assistant shall post a notice to that effect in an appropriate place and include language in the patient consent form that the anesthesiologist uses an anest…

§ 1664. Penalty (a) A person who, not being certified, holds himself or herself out to the public as being certified under this chapter shall be liable for a fine of not more than $10,000.00. (b) In addition to the penalty provided in subsection (a) of this section, the Attorney …

§ 1701. Legislative findings The Legislature finds and declares that the public health, safety, and welfare of the State of Vermont requires the exercise of the authority of this State to safeguard the people of Vermont and further that the right to practice optometry is a privil…

§ 1702. Short title This chapter shall be known and may be cited as the “Vermont Optometry Practice Act.” (Added 1979, No. 158 (Adj. Sess.), § 1.)

§ 1703. Definitions As used in this chapter: (1) “Board” means the State Board of Optometry. (2) The “practice of optometry” means any one or combination of the following practices: (A) Examining the human eyes and visual system for purposes of: (i) diagnosing refractive and func…

§ 1704. Penalties A person who obtains a license by fraud or misrepresentation or who practices or attempts to practice optometry or hold himself or herself out as being able to do so in this State without first having obtained the license required by this chapter shall be subjec…

§ 1707. Qualifications; term of office; removal (a) The State Board of Optometry is created. (b) The Board shall consist of five members, three of whom shall be residents of the State who have had at least five years’ experience in the practice of optometry in the State and are i…

§ 1708. Powers and duties (a) The Board shall: (1) Adopt rules under the Vermont Administrative Procedure Act necessary for the performance of its duties, ensuring that at least the following are established by statute or rule: (A) a definition of the behavior for which a license…

§ 1709. Functioning of Board of Optometry (a) Annually, the Board shall meet to elect a chair, vice chair, and a secretary. (b) Meetings may be called by the Chair and shall be called upon the request of any other two members. (c) Meetings shall be warned and conducted in accorda…

§ 1712. License required (a) No person may practice optometry in this State who is not licensed under this chapter. (b) Licensing standards and procedures established by the Board shall be fair and reasonable and shall be designed and implemented to measure and reasonably ensure …

§ 1713. Exemptions (a) Nothing in this chapter shall be construed to prohibit other licensed health care professionals from practicing to the full extent of their licenses, nor to apply to any eye screening, State or government eye testing programs, nor to any instruction in any …

§ 1715. Licensure by examination (a) The Board may grant a license to an applicant who: (1) has attained the age of majority; (2) is a graduate of an optometric school or college accredited by a regional or professional accreditation organization approved by the Board; (3) holds …

§ 1716. Licensure by endorsement The Board may issue a license to an applicant who is licensed and currently in good standing in a United States jurisdiction having license requirements that are substantially equivalent to the requirements of this chapter. (Added 1979, No. 158 (A…

§ 1716a. Renewal Licenses shall be renewed every two years upon payment of the required fee, provided that the person applying for renewal completes at least 40 hours of continuing education, approved by the Board, during the preceding two-year period and holds a current cardiopu…

§ 1718. Fees Applicants and persons regulated under this chapter shall pay the following fees: (Added 1979, No. 158 (Adj. Sess.), § 1; amended 1983, No. 242 (Adj. Sess.), § 6; 1989, No. 250 (Adj. Sess.), § 46; 1997, No. 59, § 56, eff. June 30, 1997; 2005, No. 202 (Adj. Sess.), § …

§ 1719. Unprofessional conduct (a) Unprofessional conduct is the conduct prohibited by this section and by 3 V.S.A. § 129a, whether committed by a licensee, an applicant, or a person who later becomes an applicant. (b) Unprofessional conduct means: (1) Conduct that evidences mora…