Title 26, Professions and Occupations

§ 2071. Application of federal guidelines (a) The requirements set forth in sections 2068 and 2069 of this chapter shall conform to wholesale distributor licensing guidelines formally adopted by the U.S. Food and Drug Administration (FDA). (b) In case of conflict between any whol…

§ 2073. Rules (a) The Board may adopt rules necessary to carry out the purposes of the provisions of this subchapter. (b) All rules adopted under this subchapter shall conform to wholesale distributor licensing guidelines formally adopted by the FDA at 21 C.F.R. Part 205. (Added …

§ 2076. Inspection powers; access to wholesale distributor and manufacturer records (a) A person authorized by the Board may enter, during normal business hours, all open premises purporting or appearing to be used by a wholesale distributor or manufacturer for purposes of inspec…

§ 2080. Naloxone hydrochloride; dispensing or furnishing (a) The Board of Pharmacy shall adopt protocols for licensed pharmacists to dispense or otherwise furnish naloxone hydrochloride to patients who do not hold an individual prescription for naloxone hydrochloride. Such protoc…

§ 2081a. Definitions As used in this chapter: (1) [Repealed.] (2) “Disciplinary action” or “disciplinary cases” includes any action taken by the administrative law officer appointed under 3 V.S.A. § 129(j) against a licensee or applicant premised upon a finding of wrongdoing or u…

§ 2082. Prohibition; offenses (a) No person shall: (1) practice or attempt to practice physical therapy or hold himself or herself out as being able to do so in this State without first having obtained a license; or (2) use in connection with the person’s name or business the wor…

§ 2083. Exemptions from licensure The following persons shall be permitted to practice as a physical therapist or physical therapist assistant in this State without obtaining a license under this chapter upon the following conditions: (1) students enrolled in accredited physical …

§ 2084. Construction This chapter shall not be construed to limit or restrict in any manner the right of a practitioner of another occupation that is regulated by this State from carrying on in the usual manner any of the functions of his or her profession. (Added 1981, No. 227 (…

§ 2086. Patient care management (a) A physical therapist shall be professionally responsible and legally liable for all aspects of the physical therapy care of each of his or her patients. The Director of the Office of Professional Regulation shall identify by rule physical thera…

§ 2091. Director of the Office of Professional Regulation; duties The Director of the Office of Professional Regulation, with the advice of the advisors appointed under this chapter, shall: (1) provide general information to applicants for admission to licensure as physical thera…

§ 2092. Advisor appointees (a) The Secretary of State shall appoint two physical therapists to serve as advisors in matters relating to physical therapy. They shall be appointed for staggered five-year terms and shall serve at the pleasure of the Secretary. One of the initial app…

§ 2101. Eligibility (a) An applicant for a license as a physical therapist shall: (1) be a graduate of a professional physical therapy education program accredited by a national accreditation agency approved by the Director; (2) pass an examination approved by the Director; and (…

§ 2102. Application Unless entitled to licensure under section 2104 of this title, and according to the procedures outlined in the rules of the Director of the Office of Professional Regulation, a person who desires to be licensed as a physical therapist or physical therapist ass…

§ 2103. Examination (a) The Director of the Office of Professional Regulation shall provide for examinations for licensure as physical therapists or physical therapist assistants at such times and places as he or she may determine. (b) Examinations administered and procedures fol…

§ 2104. Licensure by endorsement A person who is licensed under the laws of another jurisdiction and who desires licensure as a physical therapist or physical therapist assistant shall apply to the Director of the Office of Professional Regulation in writing on a form furnished b…

§ 2105. Temporary licensure pending endorsement The Director may issue a temporary license to practice as a physical therapist for a period not to exceed 90 days to a physical therapist currently licensed in another jurisdiction who has applied for licensure by endorsement in acc…

§ 2107. Renewals (a) Licenses shall be renewed every two years upon payment of the required fee. (b) Biennially, the Director shall forward a renewal form to each license holder. Upon receipt of the completed form and the renewal fee, the Director shall issue a new license. (c) A…

§ 2108. Reinstatement If a physical therapist’s license has lapsed for more than five consecutive years, that person may have his or her license reinstated upon payment of all applicable renewal and reinstatement fees, and demonstration of competence to practice the profession by…

§ 2121. Unprofessional conduct (a) Unprofessional conduct is the conduct prohibited by this section and by 3 V.S.A. § 129a, whether or not taken by a license holder. (b) Unprofessional conduct shall include: (1) sexual harassment of a patient; (2) engaging in a sexual act as defi…

§ 2131. Physical Therapy Licensure Compact; adoption This subchapter is the Vermont adoption of the Physical Therapy Licensure Compact. The form, format, and text of the Compact have been conformed to the conventions of the Vermont Statutes Annotated. It is the intent of the Gene…

§ 2132. Purpose (a) The purpose of this compact is to facilitate interstate practice of physical therapy with the goal of improving public access to physical therapy services. The practice of physical therapy occurs in the state where the patient/client is located at the time of …

§ 2133. Definitions As used in this compact, and except as otherwise provided, the following definitions shall apply: (1) “Active Duty Military” means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve o…

§ 2134. State participation in the Compact (a) To participate in the Compact, a state must: (1) participate fully in the Commission’s data system, including using the Commission’s unique identifier as defined in rules; (2) have a mechanism in place for receiving and investigating…

§ 2135. Compact privilege (a) To exercise the compact privilege under the terms and provisions of the Compact, the licensee shall: (1) hold a license in the home state; (2) have no encumbrance on any state license; (3) be eligible for a compact privilege in any member state in ac…

§ 2136. Active duty military personnel or their spouses A licensee who is active duty military or is the spouse of an individual who is active duty military may designate one of the following as the home state: (1) home of record; (2) permanent Change of Station (PCS); or (3) sta…

§ 2137. Adverse actions (a) A home state shall have exclusive power to impose adverse action against a license issued by the home state. (b) A home state may take adverse action based on the investigative information of a remote state, provided the home state follows its own proc…

§ 2138. Establishment of the Physical Therapy Compact Commission (a) The Compact member states hereby create and establish a joint public agency known as the Physical Therapy Compact Commission. (1) The Commission is an instrumentality of the Compact states. (2) Venue is proper a…

§ 2139. Data system (a) The Commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states. (b) Notwithstand…

§ 2140. 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. (b) If a majority of the l…

§ 2141. Oversight, dispute resolution, and enforcement (a) Oversight. (1) The executive, legislative, and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to effectuate the Compact’s purposes and …

§ 2142. Date of implementation of the Interstate Commission for physical therapy practice and associated rules, withdrawal, and amendment (a) The Compact shall come into effect on the date on which the Compact statute is enacted into law in the tenth member state. The provisions,…

§ 2143. 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 constitut…

§ 2144. State administration of the Compact (a) The Office of Professional Regulation shall have the power to oversee the administration and enforcement of the Compact within the State of Vermont subject to the provisions and rules of the Compact. (b) The Director of the Office o…

§ 2171. Purpose The purpose of this chapter is to protect and improve the general health and welfare of the people of the State of Vermont in the fields of environmental sanitation, water treatment, domestic supply, and hydronically related hot water heating, by authorizing and e…

§ 2172. Definitions The following words and phrases when used in this chapter shall be construed as follows: (1) “Public water system” or “public sewerage disposal system” means any system supplying or serving 15 or more customers, each family, tenement, store, or other establish…

§ 2173. Rules adopted by the Board (a) The Plumber’s Examining Board may, pursuant to the Administrative Procedure Act, make and revise such plumbing rules as necessary for protection of the public health, except that no rule of the Board may require the installation or maintenan…

§ 2174. Municipal rules and regulations; municipal inspections (a) The legislative body may establish inspection procedures and appoint trained, qualified master plumbers to conduct municipal inspections. If the Board determines that the inspection procedures, training, and quali…

§ 2175. Work notice; fees; enforcement; appeals; penalties (a) Work in installations subject to the rules of the Board shall not commence until a work notice has been received and validated by the Department of Public Safety. The following schedule of work notice fees shall be pa…

§ 2176. Existing buildings The rules adopted under sections 2173, 2174, and 2175 of this title shall not apply to existing private dwellings and public buildings except as the plumbing systems in them may be altered in the future. (1959, No. 215, § 6, eff. June 2, 1959; amended 1…

§ 2181. Plumber’s Examining Board; membership; powers (a) Creation. The Plumber’s Examining Board, within the Department of Public Safety, shall consist of five members, one of whom shall be the Commissioner of Public Safety or designee and one of whom shall represent the Commiss…

§ 2182. Terms of office (a) Members of the Board shall be appointed for four year terms. Two of the appointed members shall initially be appointed for terms of two years beginning July 1 of the year of appointment. (b) A vacancy shall be filled for the unexpired term in the same …

§ 2183. Fees; books and records All fees for examinations, licenses, and renewals shall be forwarded to the Department of Public Safety. The Board shall have free and unrestricted access to all books, notes, records, transcriptions, recordings, and other related data within the c…

§ 2184. Per diem pay and expenses Each appointive member of the Board shall be entitled to compensation and expenses as provided in 32 V.S.A. § 1010. (1959, No. 215, § 18, eff. June 2, 1959; amended 1963, No. 193, § 12, eff. June 28, 1963; 1983, No. 195 (Adj. Sess.), § 5(b); 1993…

§ 2191. Master plumbers Any person who completes an application for a master plumber’s license, presents documentation of having held a valid journeyman plumber’s license under this chapter for at least 12 months, or documents equivalent training and experience in or outside of t…

§ 2192. Journeyman plumbers Any person who completes an application for a journeyman plumber’s license and documents apprenticeship in plumbing that includes both instruction and practice in work processes as verified by the Vermont Apprenticeship Council, or equivalent training …

§ 2192a. Limited licensure; specialists (a) Any person who completes an application for a specialist’s license and documents successful completion of instruction, training, and experience in or out of the State acceptable to the Board and pays an examination fee to be determined …