Title 26, Professions and Occupations

§ 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…

§ 4041a. Fees Applicants and persons regulated under this chapter shall pay the following fees: (Added 1997, No. 155 (Adj. Sess.), § 7, eff. April 29, 1998; amended 1999, No. 49, § 182; 2001, No. 143 (Adj. Sess.), § 32, eff. June 21, 2002; 2005, No. 202 (Adj. Sess.), § 21; 2019, …

§ 4042. Unprofessional conduct (a) Unprofessional conduct means the following conduct and the conduct set forth in 3 V.S.A. § 129a: (1) Failing to use a complete title in professional activity. (2) Conduct that evidences moral unfitness to practice marriage and family therapy. (3…

§ 4051. Definitions As used in this chapter: (1) “Certified psychoanalyst” means a person who is certified under this chapter. (2) “Director” means the Director of the Office of Professional Regulation. (3) “Disciplinary action” includes any action taken by the Director or an adm…

§ 4052. Disclosure of information The Office of Professional Regulation, in consultation with the advisor appointees, shall adopt rules requiring certified psychoanalysts to disclose to each client the psychoanalyst’s professional qualifications and experience, those actions that…

§ 4053. 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 psychoanalyst unless certified in accordance with this chapter. (b) A person who violates subsection (a)…

§ 4054. Director of the Office of Professional Regulation; duties (a) The Director shall: (1) Provide general information to applicants for certification as psychoanalysts. (2) Administer fees collected under this chapter. (3) Explain appeal procedures to psychoanalysts and appli…

§ 4055. Advisor appointees (a) The Secretary of State shall appoint two certified psychoanalysts to serve as advisors in matters relating to psychoanalysts. They 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…

§ 4056. Application To apply for certification as a psychoanalyst, a person shall apply to the Director 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 Director. (Added…

§ 4057. Eligibility (a) To be eligible for certification as a psychoanalyst, an applicant shall satisfy the following requirements: (1) Have earned a master’s degree. (2) Have earned a graduate certificate or doctoral degree in psychoanalysis from a free-standing psychoanalytic i…

§ 4059. Exemption (a) Any person who has met the educational and clinical criteria established under subdivision 4057(a)(2) of this title and is licensed or certified under this title as a physician, osteopath, psychologist, clinical social worker, clinical mental health counselo…

§ 4060. Renewals (a) Certification 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 education, approved by the Director, during the preceding two-year period. (1) The Director, wi…

§ 4062. Unprofessional conduct (a) Unprofessional conduct means the following conduct and the conduct set forth in 3 V.S.A. § 129a: (1) Failing to use a complete title in professional activity. (2) Conduct that evidences moral unfitness to practice psychoanalysis. (3) Engaging in…

§ 4081. Legislative intent It is the intent of this chapter: (1) To ensure that consumers of psychotherapy services are provided with the information relating to the training and qualification of nonlicensed and noncertified providers of psychotherapy necessary to enable them to …

§ 4082. Definitions As used in this chapter: (1) “Board” means the Board of Allied Mental Health Practitioners established under section 3262a of this title. (2) “Disciplinary action” includes any action taken by the Board against a person who is entered on the Roster or who appl…

§ 4083. Prohibitions; penalties (a) No person shall practice psychotherapy unless the person is entered on the Roster of Psychotherapists who are Nonlicensed and Noncertified. (b) A person entered on the Roster shall not use the terms certified, clinical, licensed, registered, or…

§ 4084. Unauthorized practice The provisions of 3 V.S.A. § 127, relating to unauthorized practice, shall apply to a psychotherapist who practices without being entered on the Roster. (Added 1993, No. 222 (Adj. Sess.), § 17.)

§ 4085. 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, social workers, mental health counselors, cer…

§ 4086. Roster of Psychotherapists who are Nonlicensed and Noncertified (a) A roster of psychotherapists who are nonlicensed and noncertified is created. The Roster shall include all nonlicensed and noncertified psychotherapists who practice in this State. (b) Any psychologist, c…

§ 4087. Entry on the Roster; procedure (a) A psychotherapist who is nonlicensed and noncertified shall apply for entry on the Roster. Applications shall be made on the form provided by the Director, shall contain such information and professional data as the Director may require,…

§ 4088. Renewal Entries on the Roster shall be renewed every two years by submission of a new, completed Roster form and shall be accompanied by payment of the specified fee. (Added 1993, No. 222 (Adj. Sess.), § 17.)

§ 4089a. Fees A person who seeks entry on the roster shall pay the following fees: (Added 1997, No. 155 (Adj. Sess.), § 8, eff. April 29, 1998; amended 1999, No. 49, § 184; 2001, No. 143 (Adj. Sess.), § 33, eff. June 21, 2002; 2005, No. 202 (Adj. Sess.), § 22; 2019, No. 70, § 25;…

§ 4090. Disclosure of information The Board shall adopt rules requiring persons entered on the Roster to disclose to each client the psychotherapist’s professional qualifications and experience, those actions that constitute unprofessional conduct, the method for filing a complai…

§ 4091. Board; duties (a) The Board shall: (1) Provide general information to applicants for entry on the Roster. (2) Explain appeal procedures to persons entered on the Roster and complaint procedures to the public. (3) Administer fees collected under this chapter. (4) Receive a…

§ 4093. Unprofessional conduct (a) Unprofessional conduct means the following conduct and conduct set forth in 3 V.S.A. § 129a: (1) Providing fraudulent or deceptive information in an application for entry on the Roster. (2) Conviction of a crime that evinces an unfitness to prac…

§ 4101. Definitions As used in this chapter: (1) “Anatomical reproduction” is the practice of restoring the appearance of a portion of a person’s body after surgery, accident, or other trauma. (2) “Director” means the Director of the Office of Professional Regulation. (3) [Repeal…

§ 4102. Prohibitions (a) A person shall not practice tattooing, permanent cosmetics, or body piercing unless that person is licensed in accordance with the provisions of this chapter. (b) A person under 18 years of age shall not practice tattooing, permanent cosmetics, or body pi…

§ 4103. Director; function; Commissioner of Health; rules (a) The Director shall administer the requirements of this chapter and shall: (1) Provide general information to applicants for licensure as an operator. (2) Collect fees as provided under this chapter. (3) Explain appeal …

§ 4104. Advisor appointees (a)(1) The Secretary of State shall appoint one licensed operator practicing tattooing, one licensed operator practicing body piercing, and one licensed operator practicing permanent cosmetics to serve as advisors in matters relating to tattooing, body …

§ 4105. License requirements (a) Initial registration. (1) A person who intends to engage in the practice of tattooing, permanent cosmetics, or body piercing in this State shall register with the Office of Professional Regulation and shall pay the required fee. (2) Registration s…

§ 4106. Renewals (a) Licenses and registrations shall be renewed every two years upon payment of the required fee. (b) [Repealed.] (c) As a condition of renewal, a licensee or registrant shall submit to the Director proof of at least three hours of continuing education in the are…

§ 4108. Unprofessional conduct (a) A licensed or registered operator or applicant shall not engage in unprofessional conduct. (b) Unprofessional conduct means the following conduct and conduct set forth in 3 V.S.A. § 129a: (1) Using dishonest or misleading advertising. (2) Sexual…

§ 4109. Disclosure information The Director shall adopt rules requiring licensed operators to disclose to each new client before the first treatment the operator’s professional qualifications and experience, the infection control procedures and public health practices to be follo…

§ 4121. Definitions As used in this chapter: (1) “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 skin, or both, for the purpose of pr…

§ 4122. Prohibitions and penalties (a) No person shall perform any of the following acts: (1) Practice naturopathic medicine in this State without a valid license issued in accordance with this chapter except as provided in section 4123 of this title. (2) Use in connection with t…

§ 4123. Exemptions (a) Nothing in this chapter shall be construed to prohibit any of the following: (1) The practice of a profession by a person who is licensed, certified, or registered under other laws of this State and is performing services within the authorized scope of prac…

§ 4124. Reporting contagious and infectious diseases; death certificates Naturopathic physicians are subject to the provisions of the law relating to contagious and infectious diseases and to the issuance of birth and death certificates. (Added 1995, No. 171 (Adj. Sess.), § 1; am…

§ 4125. Director; duties (a) The Director, with the advice of the advisor appointees, shall: (1) provide general information to applicants for licensure as naturopathic physicians; (2) administer fees collected under this chapter; (3) administer examinations; (4) explain appeal p…

§ 4126. Advisor appointees (a) The Secretary of State shall appoint two naturopathic physicians licensed under this chapter to serve as advisors to the Director in matters relating to naturopathic physicians. They shall be appointed as set forth in 3 V.S.A. § 129b and serve at th…

§ 4127. Eligibility for licensure To be eligible for licensure as a naturopathic physician, an applicant shall satisfy all the following: (1) Have been granted a degree of doctor of naturopathic medicine, or a degree determined by the Director to be essentially equivalent to such…

§ 4128. Application for licensure A person shall apply for a license under this chapter by filing with the Director an application provided by the Director accompanied by the required fees and evidence of eligibility. (Added 1995, No. 171 (Adj. Sess.), § 1.)

§ 4129. Waiver of licensing examination requirement The Director shall waive the examination requirement if the applicant is a naturopathic physician regulated under the laws of another jurisdiction who is in good standing to practice naturopathic medicine in that jurisdiction an…

§ 4130. Biennial license renewal; continuing education (a) The license to practice naturopathic medicine shall be renewed every two years by filing a renewal application on a form provided by the Director. The application shall be accompanied by the required fee and evidence of c…

§ 4131. Supervision A naturopathic physician licensed pursuant to this chapter shall be authorized to work independently and shall not require supervision by any other health care professional; provided, however, that this section shall not be construed to limit the regulatory au…

§ 4132. Unprofessional conduct (a) The following conduct and conduct set forth in 3 V.S.A. § 129a by a person licensed under this chapter or an applicant for licensure constitutes unprofessional conduct: (1) Failing to use a complete or accurate title in professional activity. (2…

§ 4151. Definitions As used in this chapter: (1) “Athlete” means any individual participating in fitness training and conditioning, sports, or other athletic competition, practices, or events requiring physical strength, agility, flexibility, range of motion, speed, or stamina. (…