Title 26, Professions and Occupations

§ 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…

§ 3275f. Active duty military personnel or their spouses Active duty military personnel, or their spouse, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service m…

§ 3275g. Compact privilege to practice telehealth (a) Member states shall recognize the right of a licensed professional counselor, licensed by a home state in accordance with section 3275c of this title and under rules promulgated by the Commission, to practice professional coun…

§ 3275h. 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)(A) Take adverse action against a licensed professional counselor’s privilege to practice within…

§ 3275i. Establishment of Counseling Compact Commission (a) The Compact member states hereby create and establish a joint public agency known as the Counseling Compact Commission. (1) The Commission is an instrumentality of the Compact states. (2) Venue is proper and judicial pro…

§ 3275j. Data system (a) The Commission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states. (b) …

§ 3275k. Rulemaking (a) The Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purpose of the Compact. Notwithstanding the foregoing, in the event the Commission exercises its rulemaking authority in a manner that is beyond the scope …

§ 3275l. 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 an…

§ 3275m. Date of implementation of the Counseling Compact Commission 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, which become effecti…

§ 3275n. 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 constitu…

§ 3275o. Binding effect of Compact and other laws (a) A licensee providing professional counseling services in a remote state under the privilege to practice shall adhere to the laws and regulations, including scope of practice, of the remote state. (b) Nothing herein prevents th…

§ 3281. Definitions As used in this chapter: (1) “Audiologist” means a person licensed to practice audiology under this chapter. (2) “Audiology” means the application of principles, methods, and procedures related to hearing and the disorders of hearing, and to related language a…

§ 3282. Records and equipment (a) A licensee shall maintain records relating to the sale of his or her goods and services and, upon request, shall make such records available to the Director for review. A licensee shall maintain records required to be kept under this section for …

§ 3283. Prices to be disclosed A licensee shall disclose in a clear and conspicuous manner the range of retail prices charged for goods and services. The disclosure schedule shall be posted in each licensee’s office and retail establishment in which the licensee works, and a writ…

§ 3284. Terms of sale; 45-day trial period (a)(1) Any sales contract for equipment, including a hearing aid, sold by a licensee to a person in this State, shall contain a clause that requires the licensee to refund the full product price of the equipment, except for the cost of e…

§ 3285. Prohibitions; penalties (a) A person shall not: (1) practice or attempt to practice audiology or dispense hearing aids or hold oneself out as being permitted to do so in this State unless the person is licensed in accordance with this chapter; (2) use in connection with t…

§ 3286. Exemptions (a) The provisions of section 3285 of this chapter shall not apply to a person enrolled in a course of study leading to a degree or certificate in audiology at a school accredited by the American Speech-Language Hearing Association, provided: (1) the activities…

§ 3287. Advisor appointees (a) The Secretary shall appoint one otolaryngologist, one audiologist, one hearing aid dispenser who is neither an otolaryngologist nor an audiologist, and one member of the public to serve as advisors in matters related to audiologists and hearing aid …

§ 3288. Director duties The Director shall: (1) provide information to applicants for licensure as an audiologist or hearing aid dispenser; (2) administer fees collected under this chapter; (3) explain appeal procedures to licensees and applicants and complaint procedures to the …

§ 3290. Eligibility for audiologist license To be eligible for licensure as an audiologist, an applicant shall have: (1) Either: (A) a master’s degree or equivalent in audiology or speech-language pathology from an educational institution approved by the Director, with course wor…

§ 3291. License required for hearing aid dispensers (a) Unless a person is licensed in accordance with the provisions of this chapter, he or she shall not: (1) dispense or attempt to dispense hearing aids or hold himself or herself out as being able to dispense hearing aids; or (…

§ 3292. Construction (a) Nothing in this chapter shall be construed to prohibit a person from manufacturing hearing aids or making mechanical repairs to hearing aids or from issuing warranties in connection with such manufacturing or repairs. (b) The licensure requirements of thi…

§ 3293. Eligibility for hearing aid dispenser license To be eligible for licensure as a hearing aid dispenser, an applicant shall: (1) have attained the age of majority; and (2) pass a written examination administered by the Director under section 3295 of this chapter. (Added 198…

§ 3294. Application for licensure as hearing aid dispenser An application for licensure as a hearing aid dispenser shall be made on a form furnished by the Director and shall be accompanied by the application and examination fees and evidence of eligibility as requested by the Di…

§ 3295. Examination for licensure as hearing aid dispenser (a) Examinations shall be administered in the manner and places designated by the Director. (b) The examination shall cover the following: the basic physics of sound, anatomy, and physiology of the ear, structure and func…

§ 3295a. Temporary licensure of hearing aid dispenser without examination (a) A temporary license may be issued to a person who applies for the first time to practice as a hearing aid dispenser under section 3293 of this chapter, is employed by a licensed hearing aid dispenser, a…

§ 3296. Renewals and reinstatement for audiologists and hearing aid dispensers (a) Licenses shall be renewed every two years upon payment of the renewal fee. (b) Upon receipt of the completed form and the renewal fee, the Director shall issue a new license. (c) The Director may m…

§ 3301. Unprofessional conduct of hearing aid dispensers (a) A licensee shall not engage in unprofessional conduct. When such conduct is committed by an applicant, it shall be grounds for denial of a license. (b) Unprofessional conduct means the following conduct and conduct set …

§ 3302. Unprofessional conduct of audiologists (a) A licensee or applicant shall not engage in unprofessional conduct. (b) Unprofessional conduct means the following conduct and the conduct set forth in 3 V.S.A. § 129a: (1) willfully making or filing false reports or records in t…

§ 3305. Audiologists; Audiology and Speech-Language Pathology Interstate Compact privilege to practice (a) Vermont is a member state of the Audiology and Speech-Language Pathology Interstate Compact. Applicants for a privilege to practice audiology shall be subject to the require…

§ 3311. Definitions As used in this chapter: (1) “Act” means the Federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989, Pub. L. No. 101-73, as amended. (2) “Appraisal” means an analysis, opinion, or conclusion relating to the value of specified interests in…

§ 3312. Prohibitions; penalty; exemption (a) Unless licensed in accordance with the provisions of this chapter, a person shall not: (1) perform an appraisal in a federally related transaction when a licensed or certified appraiser is required by the Act; or (2) use in connection …

§ 3313. Regulation of real estate appraisers; Director; advisor appointees (a)(1) Director shall administer the provisions of this chapter. (2)(A) The Secretary of State shall appoint six persons of suitable qualifications in accordance with this section to advise the Director in…

§ 3314. Director; powers and duties (a) The Director shall administer the provisions of this chapter in a manner that conforms in all respects with the requirements of the Act. (b) In addition to the Director’s other powers and duties under this chapter, the Director shall: (1) R…

§ 3315. Rules (a) The Director may adopt rules necessary to implement the provisions of this chapter. (b) The Director shall adopt rules relating to procedures for processing applications, issuing licenses, registering trainees, inspecting records, and instituting and conducting …

§ 3316. Licensing and registration fees Applicants and persons regulated under this chapter shall pay those fees set forth in 3 V.S.A. § 125(b). (Added 1989, No. 264 (Adj. Sess.), § 1; amended 1991, No. 92, § 4; 1991, No. 167 (Adj. Sess.), § 56; 1993, No. 217 (Adj. Sess.), § 6; 2…

§ 3317. Application An individual who desires to be licensed under this chapter shall submit an application as specified by the Director, accompanied by payment of the required fee. (Added 1989, No. 264 (Adj. Sess.), § 1; amended 2019, No. 30, § 21.)

§ 3318. Examination The Director shall examine applicants using an AQB-approved qualifying examination applicable to the credential sought by the applicant. (Added 1989, No. 264 (Adj. Sess.), § 1; amended 1991, No. 92, § 5; 1993, No. 217 (Adj. Sess.), § 7; 2013, No. 27, § 40; 201…

§ 3319. Temporary practice The Director shall issue a temporary license to an individual, after filing of an application and fee, who is a certified or licensed real estate appraiser in another jurisdiction if all of the following apply: (1) the property to be appraised is part o…

§ 3319a. Appraiser trainee registration (a)(1)(A) A person who has completed a course of instruction approved by the AQB may work as a certified residential or certified general appraiser trainee provided the person is registered with the Office. (B) An appraiser trainee shall wo…

§ 3320. Licensure by reciprocity The Director shall waive all licensing requirements for an appraiser applicant holding a valid certification from another state if: (1) the appraiser licensing and certification program of the other state is in compliance with the provisions of th…

§ 3321. Renewals (a) Except for a license issued to an appraisal management company, a licensed issued under this chapter shall be renewed biennially upon payment of the required fee and upon satisfactory completion of the minimum continuing education requirements established by …

§ 3322. Use of license number; consumer fee disclosure (a)(1) Each licensee or registrant shall be assigned a license or registration number that shall be used in a report, a contract, engagement letter, or other instrument used by the licensee or registrant in connection with th…

§ 3323. Unprofessional conduct (a) The following conduct by a licensee and the conduct set forth in 3 V.S.A. § 129a constitute unprofessional conduct. When that conduct is by an applicant or a person who later becomes an applicant, it may constitute grounds for denial of a licens…

§ 3324. Record retention (a) A licensee or registrant shall retain all records related to an appraisal, review, or consulting assignment for not fewer than five years after preparation. (b) A licensee or registrant shall retain records under this section that relate to a matter i…

§ 3325. Reporting An appraiser who reports to the Director appraisal work that does not comply with the provisions of this chapter shall not be considered to have violated the ethics provision of the uniform standards of professional practice. (Added 1993, No. 217 (Adj. Sess.), §…