Title 26, Title 26: Professions and Occupations

§ 3359. Renewals (a) Licenses shall be renewed every two years upon payment of the required fee, provided the person applying for renewal completes at least 20 hours of continuing competence requirements, approved by the Director, during the preceding two-year period. The Directo…

§ 3361. Unprofessional conduct (a) A person licensed under this chapter or a person applying for a license shall not engage in unprofessional conduct. (b) Unprofessional conduct means the following conduct and conduct set forth in 3 V.S.A. § 129a: (1) Misrepresentation or conceal…

§ 3362. Professional designation Nothing in this chapter shall be construed to prohibit the use and incorporation into the title of an occupational therapist or occupational therapy assistant of a professional designation organization. (Added 1993, No. 102, § 1.)

§ 3365. Occupational Therapy Licensure Compact; adoption This subchapter is the Vermont adoption of the Occupational 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 …

§ 3366. Purpose The purpose of this Compact is to facilitate interstate practice of Occupational Therapy with the goal of improving public access to Occupational Therapy services. The practice of occupational therapy occurs in the state where the patient/client is located at the …

§ 3367. 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…

§ 3368. State participation in the Compact (a) To participate in the Compact, a member state shall: (1) License occupational therapists and occupational therapy assistants. (2) Participate fully in the Commission’s data system, including but not limited to using the Commission’s …

§ 3369. 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 a valid United States Social Security Number or National Practitioner Identification number. (3) Have …

§ 3370. Obtaining a new home State license by virtue of Compact privilege (a) An occupational therapist or occupational therapy assistant may hold a home state license, which allows for compact privileges in member states, in only one member state at a time. (b) If an occupationa…

§ 3371. Active duty military personnel or their spouses Active duty military personnel, or their spouses, 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…

§ 3372. Adverse actions (a) A home state shall have exclusive power to impose adverse action against an occupational therapist’s or occupational therapy assistant’s license issued by the home state. (b) In addition to the other powers conferred by state law, a remote state shall …

§ 3373. Establishment of the occupational therapy Compact commission (a) The Compact member states hereby create and establish a joint public agency known as the Occupational Therapy Compact Commission: (1) The Commission is an instrumentality of the Compact states. (2) Venue is …

§ 3374. 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) A member sta…

§ 3375. 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) The Commission shall p…

§ 3376. 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 …

§ 3377. Date of implementation of the Interstate Commission for occupational 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 provisi…

§ 3378. 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…

§ 3379. Binding effect of Compact and other laws (a) A licensee providing Occupational Therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state. (b) Nothing herein prevents the enforcement of any other law of a membe…

§ 3381. Definitions As used in this chapter: (1) “Academy of Nutrition and Dietetics” means the national professional organization of dietitians that provides direction and leadership for quality dietetic practice, education, and research. (2) “Certified dietitian” means a person…

§ 3382. Prohibition; penalty (a) No person shall use in connection with the person’s name any letters, words, or insignia indicating or implying that the person is a certified dietitian unless the person is certified in accordance with this chapter. (b) A person who violates this…

§ 3383. Director; duties (a) The Director shall have the following duties: (1) To provide general information to applicants for certification as dietitians. (2) To explain appeal procedures to certified dietitians and applicants and complaint procedures to the public. (3) To admi…

§ 3384. Advisor appointees (a) The Secretary of State shall appoint two certified dietitians to serve as advisors in matters relating to dietitians. The advisors shall be appointed as set forth in 3 V.S.A. § 129b and serve at the pleasure of the Secretary. One of the initial appo…

§ 3385. Eligibility To be eligible for certification as a dietitian, an applicant: (1) shall not be in violation of any of the provisions of this chapter or rule adopted in accordance with the provisions of the chapter; and (2)(A) shall have proof of registration as a registered …

§ 3386. Examination (a) The Director shall examine applicants for certification as dietitians at such times and places as the Director may determine. Each applicant shall be assigned a number so that the applicant’s name is not disclosed to the Director until after the examinatio…

§ 3387. Application A person who desires to be certified as a dietitian shall apply to the Director in writing, on a form furnished by the Director, accompanied by payment of the required fee and evidence that the applicant meets the requirements set forth in section 3385 of this…

§ 3389. Renewals; continuing education (a) Certificates shall be renewed every two years upon payment of the required fee, provided the person applying for renewal completes at least 30 hours of continuing education, approved by the Director, during the preceding two-year period.…

§ 3390. 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 dietitian or an applicant. (b) After hearing, and upon a finding of unprofessional conduct,…

§ 3401. Definitions As used in this chapter: (1) “Acupuncture” or the “practice of acupuncture” means the insertion of fine needles through the skin at certain points on the body, with or without the application of electric current or the application of heat to the needles or ski…

§ 3401a. Scope of practice (a) A licensed acupuncturist may, in addition to the practice of acupuncture employing fine needles, in a manner consistent with acupuncture theory, employ electrical, magnetic, thermal, and mechanical skin stimulation techniques; nonlaboratory diagnost…

§ 3402. Prohibitions; offenses; exemptions; evaluating nonacupuncturists (a) Except as provided in subsections (d) through (g) of this section, a person shall not practice acupuncture unless he or she is licensed in accordance with the provisions of this chapter. (b)(1) A person …

§ 3403. Director; functions (a) The Director shall: (1) Provide general information to applicants for licensure as acupuncturists. (2) Collect fees as provided under this chapter. (3) Explain appeal procedures to licensed acupuncturists and applicants and complaint procedures to …

§ 3404. Advisor appointees (a)(1) The Secretary of State shall appoint two licensed acupuncturists to serve as advisors in matters relating to acupuncture as set forth in 3 V.S.A. § 129b. (2) Appointees shall have at least three years’ experience as an acupuncturist immediately p…

§ 3405. Licenses To be eligible for licensure as an acupuncturist, an applicant shall be at least 18 years of age and shall furnish satisfactory proof that he or she: (1) holds a degree or diploma from an educational institution accredited by the Accreditation Commission for Acup…

§ 3406. Examination (a) The Director shall examine applicants for licensure and may use a standardized national examination. The examination shall include the following subjects: (1) Anatomy and physiology. (2) Acupuncture pathology. (3) Acupuncture diagnosis. (4) Hygiene, sanita…

§ 3407. Licensure without examination (a) The Director may waive the examination requirement under subdivision 3405(2) of this chapter if the applicant is an acupuncturist regulated under the laws of another state who is in good standing to practice acupuncture in that state and,…

§ 3408. Renewals Licenses shall be renewed every two years upon payment of the required fee and furnishing satisfactory evidence of having completed 30 hours of continuing education credit during the preceding two years. The Director may adopt rules for the approval of continuing…

§ 3411. Disclosure information The Director shall adopt rules requiring licensed acupuncturists to disclose to each new client before the first treatment the acupuncturist’s professional qualifications and experience, those actions that constitute unprofessional conduct, the meth…

§ 4031. Definitions As used in this chapter: (1) “American Association for Marriage and Family Therapy” means a national professional association of marriage and family therapists that accredits marriage and family therapy academic programs and provides direction and leadership f…

§ 4032. Disclosure of information The Board shall adopt rules requiring licensed marriage and family therapists to disclose to each client the marriage and family therapist’s professional qualifications and experience, those actions that constitute unprofessional conduct, the met…

§ 4033. Prohibition; penalty (a) No person shall practice or attempt to practice marriage and family therapy, 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 licensed marriage and family the…

§ 4034. Board of Allied Mental Health Practitioners; duties (a) The Board shall: (1) Provide general information to applicants for licensure as marriage and family therapists. (2) Administer fees collected under this chapter. (3) Explain appeal procedures to marriage and family t…

§ 4036. Application To apply for licensure as a marriage and family therapist, a person shall apply to the Board on a form that the Director shall furnish. The application shall be accompanied by payment of the specified fee and evidence of eligibility as requested by the Board. …

§ 4037. Eligibility To be eligible for licensure as a marriage and family therapist, an applicant: (1) Shall have successfully: (A)(i) completed a graduate degree program in marriage and family therapy at an institution that is accredited by both a regional educational accreditin…

§ 4038. Examination (a) A written examination shall be conducted under this chapter at least twice a year except that an examination need not be conducted when no one has applied to be examined. (b) An examination administered and the procedures of administration shall be fair an…

§ 4039. Certification without examination The Board may waive the examination requirement for licensure if the applicant is a marriage and family therapist regulated under the laws of another jurisdiction who is in good standing to practice marriage and family therapy in that jur…

§ 4040. Renewals (a) Licenses shall be renewed every two years upon payment of the required fee, provided the person applying for renewal has completed at least 20 hours of continuing education, approved by the Board, during the preceding two-year period. (1) The Board shall esta…