Title 26, Title 26: Professions and Occupations

§ 3060. Venue Venue for a civil action initiated by the Office, the Board, or a patient or client who has received telehealth services in Vermont from an out-of-state health care professional holding a telehealth license or telehealth registration shall be in the patient’s or cli…

§ 3061. Rulemaking The Office or the Board may adopt rules in accordance with 3 V.S.A. chapter 25 to carry out the purposes of this chapter, including, in consultation with the appropriate boards and advisor appointees for professions regulated by the Office, rules regarding any …

§ 3071. Health care provider compacts; direction to Vermont representatives (a) The General Assembly finds that a state’s prohibition of or limitation on the provision of gender-affirming health care services or reproductive health care services, or both, as defined by 1 V.S.A. §…

§ 3101. Policy and purpose (a) It is the policy of the State of Vermont that regulation be imposed upon a profession or occupation solely for the purpose of protecting the public. The General Assembly believes that all individuals should be permitted to enter into a profession or…

§ 3101a. Definitions As used in this chapter, unless the context clearly requires otherwise: (1) “Certification” means a voluntary process by which a statutory regulatory entity grants to a person who has met certain prerequisite qualifications the right to assume or to use the t…

§ 3104. Process for review of regulatory laws (a) The Office may review a regulatory law that is within its jurisdiction, and shall review any regulatory law within or outside its jurisdiction upon the request of the House or Senate Committee on Government Operations. Notwithstan…

§ 3105. Criteria and standards (a) A profession or occupation shall be regulated by the State only when: (1) it can be demonstrated that the unregulated practice of the profession or occupation can clearly harm or endanger the health, safety, or welfare of the public, and the pot…

§ 3106. Director of the Office of Professional Regulation; annual report (a) Annually, prior to the commencement of each legislative session, the Director of the Office shall prepare a concise report on the activities of all boards and advisor professions under his or her jurisdi…

§ 3107. Information required of applicants Prior to review under this chapter and prior to consideration by the General Assembly of any bill that proposes to regulate a profession or occupation, the profession or occupation being reviewed or seeking regulation shall explain each …

§ 3108. Preliminary assessment of scope of practice (a) Office preliminary assessment. (1) Prior to review under this chapter and consideration by the General Assembly of any bill to materially amend the scope of practice permitted for a regulated profession or occupation, and up…

§ 3151. Definitions As used in this chapter: (1)(A) “Director” means the Director of the Office. (B) “Office” means the Office of Professional Regulation. (2) “Person” means an individual, partnership, corporation, or other business entity. (3) “Private investigator” means any pe…

§ 3151a. Exemptions (a) The term “private investigator” shall not include: (1) Law enforcement officers certified under 20 V.S.A. § 2358 while engaged in the performance of their official duties. (2) Insurance adjusters, insurance appraisers, and persons regularly employed as inv…

§ 3161. Regulation of private investigative and security services; Director; advisor appointees (a)(1) The Director shall administer the provisions of this chapter. (2) The Director shall consult the advisor appointees prior to exercising interpretive discretion, adopting or amen…

§ 3162. Director; powers and duties The Director shall adopt rules necessary for the effective administration of this chapter, including rules prescribing minimum standards and qualifications for: (1) security guards who may: (A) practice independently or head agencies; or (B) pr…

§ 3171. Licensing (a) Licensing standards and procedures shall be fair and reasonable and shall be designed and implemented to measure and reasonably ensure an applicant’s qualifications to practice the occupation. They shall not be designed or implemented for the purpose of limi…

§ 3172. Licenses The Director shall issue agency licenses for private investigative services, private security guard services, or combination guard agency licenses to applicants that submit all of the following: (1) an application filed in proper form; (2) the application fee; (3…

§ 3173. Private investigator licenses (a) The Director shall issue a license to a private investigator after obtaining and approving all of the following: (1) evidence that the applicant has attained the age of majority; (2) evidence that the applicant has successfully passed any…

§ 3174. Security guard licenses (a) The Director shall issue a license to a security guard after obtaining and approving all of the following: (1) evidence that the applicant has attained the age of majority; (2) evidence that the applicant has successfully passed any examination…

§ 3175. Examinations The Director shall prepare, or have prepared, and administer separate examinations for private investigators and private security services. Each examination shall be designed to test the competency of the applicant with respect to the lawful and safe provisio…

§ 3175a. Firearms instructor licensure; program of instruction (a) The Director shall license firearms training course instructors of private investigators and security guards licensed under this chapter and shall adopt rules governing the licensure of instructors and the approva…

§ 3175b. Guard dog training instructor license (a) An applicant for a license to provide guard dog services shall demonstrate to the Director competence in the handling of guard dogs in a guard dog training program approved by the Director and taught by an instructor currently li…

§ 3175c. Firearms training and certification (a) A licensee seeking a firearms certification shall: (1) demonstrate to the Director competence in the safe use of firearms by successfully completing a firearms training program approved by the Director; (2) pay the required fee; (3…

§ 3176. Employees of agencies (a) An agency licensed under this chapter may employ private investigators or security guards. (b) An agency shall register all agency investigative and security employees with the Office. Employees shall carry identification indicating the licensee …

§ 3176a. Transitory practice The Director, under rules adopted by the Director, may grant a transitory permit to practice as a private investigator to a person who is not a resident of Vermont and has no established place of business in this State, if that person is legally quali…

§ 3179. Penalties (a) A person who engages in the practice or business of a private investigator or security guard without being licensed under this chapter shall be subject to the penalties provided in 3 V.S.A § 127. (b) Any person who is or has been an employee of a licensee an…

§ 3181. Unprofessional conduct (a) It shall be unprofessional conduct for a licensee, registrant, or applicant to engage in conduct prohibited by this section, or by 3 V.S.A. § 129a. (b) Unprofessional conduct means any of the following: (1) conviction of any felony or a crime in…

§ 3191. Definitions As used in this chapter: (1) “Certified peer support provider” means an individual who holds a certificate to engage in the practice of peer support services under this chapter. (2) “Certified peer recovery support specialist” means an individual who holds a c…

§ 3192. Prohibitions; penalties (a) Nothing in this subchapter shall be construed to prohibit the practice of peer support by a noncertified provider. However, a person shall not use in connection with the person’s name any letters, words, or insignia indicating or implying that …

§ 3193. Duties of the Director (a) The Director shall: (1) provide general information to applicants for certification as certified peer support providers or certified peer recovery support specialists, or both; (2) receive applicants for certification; grant and renew certificat…

§ 3194. Advisor appointees (a)(1) After consultation with the Commissioners of Health and of Mental Health, the Secretary of State shall appoint two certified peer support providers, two certified peer recovery support specialists, one representative from the Department of Health…

§ 3195. Eligibility (a) To be eligible for certification as a certified peer support provider, an applicant shall complete and submit an application in the manner as the Director prescribes in rule, accompanied by the applicable fees, and evidence satisfactory to the Director tha…

§ 3196. Certificate renewal A peer support specialist provider certification and a peer recovery support specialist certification shall be renewed every two years upon application, payment of the required fee in accordance with 3 V.S.A. § 125, and proof of compliance with such co…

§ 3197. Unprofessional conduct (a) Unprofessional conduct means misusing a title in professional activity and any of the conduct listed in 3 V.S.A. § 129a, whether committed by a certified peer support provider, a certified peer recovery support specialist, or an applicant. (b) T…

§ 3201. Definitions As used in this chapter: (1) “Clinical social work” is a specialty practice of social work within the practice of master’s social work and requires the application of social work theory, knowledge, methods, ethics, and the professional use of self to restore o…

§ 3202. Prohibition; offenses (a) A person shall not practice or attempt to practice licensed independent clinical social work or licensed master’s social work, nor shall any person use in connection with the person’s name any letters, words, or insignia indicating or implying th…

§ 3203. Director duties (a) The Director shall: (1) explain appeal procedures to licensees and applicants and complaint procedures to the public; (2) administer fees collected under this chapter; (3) provide general information to applicants for licensure as licensed independent …

§ 3204. Advisor appointees (a) The Secretary of State shall appoint two individuals licensed under this chapter to serve as advisors in matters relating to licensed social workers. They shall be appointed as set forth in 3 V.S.A. § 129b and shall serve at the pleasure of the Secr…

§ 3205. Licensed master’s social worker eligibility To be eligible for licensing as a licensed master’s social worker, an applicant must have: (1) received a master’s degree or doctoral degree from an accredited social work education program; and (2) within five years prior to ap…

§ 3205a. Licensed independent clinical social worker eligibility (a) To be eligible for licensure as a licensed independent clinical social worker, an applicant must have: (1) received a master’s degree or doctoral degree from an accredited social work education program; (2) pass…

§ 3206. Application A person who desires to be licensed under this chapter shall apply using an application form available from the Office, accompanied by payment of the specified fee. (Added 1985, No. 253 (Adj. Sess.), § 1; amended 1989, No. 250 (Adj. Sess.), § 4(d); 1993, No. 9…

§ 3207. Examinations The Director may contract with independent testing services for the preparation and administration of examinations. (Added 1985, No. 253 (Adj. Sess.), § 1; amended 1989, No. 250 (Adj. Sess.), §§ 4(d), 75; 1993, No. 98, § 27; 2015, No. 38, § 31, eff. July 1, 2…

§ 3208. Renewals (a) Licenses shall be renewed every two years on a schedule determined by the Office upon payment of the required fee. (b) An application for reinstatement of a license that has expired shall be accompanied by the renewal fee in addition to other fees set forth i…

§ 3209. Licensure by endorsement The Director may, upon payment of the required fee, grant a license without examination if: (1) the applicant holds an active license to practice licensed master’s social work or licensed independent clinical social work in another U.S. or Canadia…

§ 3210. Unprofessional conduct (a) The following conduct and the conduct set forth in 3 V.S.A. § 129a by a person licensed under this chapter constitutes unprofessional conduct. When that conduct is by an applicant or a person who later becomes an applicant, it may constitute gro…

§ 3212. Exemptions (a) The provisions of this chapter shall not apply to persons while engaged in the course of their customary duties as clergy, licensed physicians, nurses, osteopaths, optometrists, dentists, lawyers, psychologists, mental health counselors, certified marriage …

§ 3212a. Exceptions (a) This chapter shall not apply to a person engaged or acting: (1) in the discharge of his or her duties as a student of clinical social work or preparing for the practice of clinical social work provided that the person’s title indicates his or her training …