Title 26, Title 26: Professions and Occupations

§ 3217. State participation in the Compact (a) To be eligible to participate in the Compact, a potential member state must currently meet all of the following criteria: (1) license and regulate the practice of social work at either the clinical, master’s, or bachelor’s category; …

§ 3218. Social worker participation in the Compact (a) To be eligible for a multistate license under the terms and provisions of the Compact, an applicant, regardless of category must: (1) hold or be eligible for an active, unencumbered license in the home state; (2) pay any appl…

§ 3219. Issuance of a multistate license (a) Upon receipt of an application for multistate license, the home state licensing authority shall determine the applicant’s eligibility for a multistate license in accordance with section 3218 of this title. (b) If such applicant is elig…

§ 3220. Authority of Interstate Compact Commission and member state licensing authorities (a) Nothing in this Compact, nor any rule of the Commission, shall be construed to limit, restrict, or in any way reduce the ability of a member state to enact and enforce laws, regulations,…

§ 3221. Reissuance of a multistate license by a new home state (a) A licensee can hold a multistate license, issued by their home state, in only one member state at any given time. (b) If a licensee changes their home state by moving between two member states: (1) The licensee sh…

§ 3222. Military families An active military member or their spouse shall designate a home state where the individual has a multistate license. The individual may retain their home state designation during the period the service member is on active duty. (Added 2023, No. 91 (Adj.…

§ 3223. Adverse actions (a) In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to: (1) Take adverse action against a regulated social worker’s multistate authorization to practice onl…

§ 3224. Establishment of Social Work Licensure Compact Commission (a) The Compact member states hereby create and establish a joint government agency whose membership consists of all member states that have enacted the Compact known as the Social Work Licensure Compact Commission…

§ 3225. Data system (a) The Commission shall provide for the development, maintenance, operation, and utilization of a coordinated data system. (b) The Commission shall assign each applicant for a multistate license a unique identifier, as determined by the rules of the Commissio…

§ 3226. Rulemaking (a) The Commission shall promulgate reasonable rules in order to effectively and efficiently implement and administer the purposes and provisions of the Compact. A rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds…

§ 3227. Oversight, dispute resolution, and enforcement (a) Oversight. (1) The executive and judicial branches of state government in each member state shall enforce this Compact and take all actions necessary and appropriate to implement the Compact. (2) Except as otherwise provi…

§ 3228. Effective date, withdrawal, and amendment (a) The Compact shall come into effect on the date on which the Compact statute is enacted into law in the seventh member state. (1) On or after the effective date of the Compact, the Commission shall convene and review the enactm…

§ 3229. Construction and severability (a) This Compact and the Commission’s rulemaking authority shall be liberally construed so as to effectuate the purposes and the implementation and administration of the Compact. Provisions of the Compact expressly authorizing or requiring th…

§ 3230. Consistent effect and conflict with others state laws (a) A licensee providing services in a remote state under a multistate authorization to practice shall adhere to the laws and regulations, including laws, regulations, and applicable standards, of the remote state wher…

§ 3231. Definitions As used in this chapter: (1) “Alcohol and drug abuse counselor” means a person who engages in the practice of alcohol and drug abuse counseling for compensation. (2) “Director” means the Director of the Office of Professional Regulation. (3) “Office” means the…

§ 3232. Prohibition; penalties (a) A person shall not perform either of the following acts: (1) practice or attempt to practice alcohol and drug abuse counseling without a valid license issued in accordance with this chapter, except as otherwise provided in section 3233 of this c…

§ 3233. Exemptions The provisions of subdivision 3232(a)(1) of this chapter, relating to the practice of alcohol and drug abuse counseling, shall not apply to: (1) the activities and services of a rabbi, priest, minister, Christian Science practitioner, or clergy of any religious…

§ 3234. Coordination of practice acts Notwithstanding any provision of law to the contrary, a person may practice psychotherapy when acting within the scope of a license or certification granted under this chapter, provided he or she does not hold himself or herself out as a prac…

§ 3235. Director; duties (a) In addition to the authority granted under 3 V.S.A. chapter 5, the Director shall: (1) provide general information to applicants for licensure or certification under this chapter; (2) administer fees collected under this chapter; (3) refer complaints …

§ 3235a. Advisor appointees (a) The Secretary of State shall appoint three individuals licensed under this chapter to serve as advisors in matters relating to alcohol and drug abuse counselors. Advisors shall be appointed as set forth in 3 V.S.A. § 129b. Two of the initial appoin…

§ 3236. Licensed alcohol and drug abuse counselor eligibility (a) To be eligible for licensure as an alcohol and drug abuse counselor, an applicant shall: (1) have received a master’s degree or doctorate in a human services field from an accredited educational institution, includ…

§ 3236a. Certification of apprentice addiction professionals and alcohol and drug abuse counselors (a) The Director may certify an individual who has met requirements set by the Director by rule as: (1) an apprentice addiction professional; or (2) an alcohol and drug abuse counse…

§ 3236b. Licensure or certification by endorsement The Director may issue a license or certification to an individual under this chapter if the individual holds a license or certification from a U.S. or Canadian jurisdiction that the Director finds has requirements for licensure …

§ 3238. Biennial renewals (a) Licenses and certifications shall be renewed every two years on a schedule set by the Office upon: (1) Payment of the required fee. (2) Documentation that the applicant has completed at least 40 hours of continuing education, approved by the Director…

§ 3239. Unprofessional conduct The following conduct and the conduct set forth in 3 V.S.A. § 129a, by a person authorized to provide alcohol and drug abuse services under this chapter or an applicant for licensure or certification, constitutes unprofessional conduct: (1) violatio…

§ 3241. Fees In addition to the fees otherwise authorized by law, the Director may charge the fees for professions regulated by the Director as set forth in 3 V.S.A. § 125. (Added 2013, No. 131 (Adj. Sess.), § 129, eff. May 20, 2014; amended 2015, No. 156 (Adj. Sess.), § 4, eff. …

§ 3242. Medicaid participating providers (a) The Department of Vermont Health Access shall grant authorization to a licensed alcohol and drug abuse counselor acting within the scope of his or her practice to participate as a Medicaid provider to deliver clinical and case coordina…

§ 3261. Definitions As used in this chapter: (1) “Board” means the Board of Allied Mental Health Practitioners established under this chapter. (2) “Clinical mental health counseling” means providing, for a consideration, professional counseling services that are primarily drawn f…

§ 3262. Prohibition; offenses (a) No person shall practice or attempt to practice clinical mental health counseling, nor shall any person use in connection with the person’s name any letters, words, or insignia indicating or implying that the person is a clinical mental health co…

§ 3262a. Board of Allied Mental Health Practitioners (a) The Board of Allied Mental Health Practitioners is established. (b) The Board shall consist of six members appointed by the Governor pursuant to 3 V.S.A. §§ 129b and 2004. (1) Two members shall be licensed clinical mental h…

§ 3263. Allied Mental Health Board; duties (a) The Board shall: (1) provide general information to applicants for licensure as clinical mental health counselors; (2) administer fees collected under this chapter; (3) explain appeal procedures to licensed clinical mental health cou…

§ 3265. Eligibility To be eligible for licensure as a clinical mental health counselor an applicant shall have: (1) Received a master’s degree or higher degree in counseling or a related field, from an accredited educational institution, after having successfully completed a cour…

§ 3268. Licensing without examination The Board may waive the examination requirement if the applicant is a clinical mental health counselor regulated under the laws of another jurisdiction, who is in good standing to practice clinical mental health counseling in that jurisdictio…

§ 3269. Renewals Licenses shall be renewed every two years upon payment of required fees and proof of such continuing education as the Board may require by rule and as required by this section. Synchronous virtual continuing education credits shall be approvable and accepted as l…

§ 3270a. Fees (a) Applicants and persons regulated under this chapter shall pay the following fees: (b) A licensee of a remote state under the Counseling Compact established in subchapter 2 of this chapter shall pay a biennial $50.00 privilege to practice fee. (Added 1997, No. 15…

§ 3271. Unprofessional conduct (a) Unprofessional conduct means the following conduct and conduct set forth in 3 V.S.A. § 129a: (1) using dishonest or misleading advertising; (2) misusing a title in professional activity; (3) conduct that evidences unfitness to practice clinical …

§ 3272. Professional designation Nothing in this chapter shall be construed to prohibit the use and incorporation into the title of a clinical mental health counselor of a professional designation issued by a nationally recognized professional licensing organization. (Added 1987,…

§ 3273. 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, psychologists, nurses, osteopaths, optometrists, dentists, lawyers, social workers, certified marriage and family…

§ 3273a. 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 mental health counseling or preparing for the practice of clinical mental health counseling provided that the person’s title indi…

§ 3274. Disclosure of information The Board shall adopt rules requiring licensed clinical mental health counselors to disclose to each client the clinical mental health counselor’s professional qualifications and experience, those actions that constitute unprofessional conduct, t…

§ 3275. Counseling Compact; adoption This subchapter is the Vermont adoption of the Counseling 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 General Assembly that this subchapte…

§ 3275a. Purpose (a) The purpose of this Compact is to facilitate interstate practice of licensed professional counselors with the goal of improving public access to professional counseling services. The practice of professional counseling occurs in the state where the client is …

§ 3275b. 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 …

§ 3275c. State participation in the Compact (a) To participate in the Compact, a state must currently: (1) license and regulate licensed professional counselors; (2) require licensees to pass a nationally recognized exam approved by the Commission; (3) require licensees to have a…

§ 3275d. Privilege to practice (a) To exercise the privilege to practice under the terms and provisions of the Compact, the licensee shall: (1) hold a license in the home state; (2) have a valid United States Social Security number or national practitioner identifier; (3) be elig…

§ 3275e. Obtaining a new home state license based on privilege (a) A licensed professional counselor may hold a home state license, which allows for a privilege to practice in other member states, in only one member state at a time. (b) If a licensed professional counselor change…