Title 26, Professions and Occupations

§ 4506. 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 me…

§ 4507. 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 an audiologist’s or speech-language pathologist’s privilege to pract…

§ 4508. Establishment of the Audiology and Speech-Language Pathology Compact Commission (a) The Compact member states hereby create and establish a joint public agency known as the Audiology and Speech-Language Pathology Compact Commission: (1) The Commission is an instrumentalit…

§ 4509. 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) Notwithstand…

§ 4510. 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) If a majority of the l…

§ 4511. Oversight, dispute resolution, and enforcement (a) Dispute resolution. (1) Upon request by a member state, the Commission shall attempt to resolve disputes related to the Compact that arise among member states and between member and nonmember states. (2) The Commission sh…

§ 4512. Date of implementation of the Interstate Commission for audiology and speech-language pathology 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 10th member …

§ 4513. 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…

§ 4514. Binding effect of Compact and other laws (a) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the Compact. (b) All laws in a member state in conflict with the Compact are superseded to the extent of the conflict. (c)…

§ 4515. Administration of the Compact (a) The Office of Professional Regulation shall have the power to: (1) oversee the administration and enforcement of the Compact within the State of Vermont subject to the provisions and rules of the Compact; and (2) recover from the affected…

§ 4602. Definitions As used in this chapter: (1) “Auction” means the offering of real or personal property for sale by means of exchanges between an auctioneer and bidders. (2) “Auctioneer” means a person who, for a fee or other compensation, conducts, advertises, or offers servi…

§ 4603. 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 licensed auctioneer unless the person is licensed in accordance with this chapter. (b) No person shall provide ser…

§ 4604. Director; duties (a) The Director shall have the following duties: (1) provide general information to applicants for licensure as auctioneers; (2) explain appeal procedures to licensed auctioneers and applicants, and complaint procedures to the public; (3) administer fees…

§ 4605. Advisor appointees (a) The Secretary of State shall appoint two licensed auctioneers for five-year terms to serve as advisors in matters relating to auctioneers. One of the initial appointments may be for less than a five-year term. Appointees shall not have less than thr…

§ 4606. Application (a) A person who desires to be licensed as an auctioneer shall apply to the Director, in writing, on a form furnished by the Director, accompanied by payment of the required fee. As a prerequisite to licensure, an applicant for licensure as an auctioneer shall…

§ 4607. Renewals (a) Licenses shall be renewed every two years upon payment of the required fee. (b) Biennially, the Director shall forward a renewal form to each license holder. Upon receipt of the completed form and the renewal fee, the Director shall issue a new license. (c) A…

§ 4608. Claims Final settlement of accounts between consignors of auctioned goods and any auctioneer licensed under this chapter shall be made within 30 days of the auction sale from which the consignment was made. (Added 2001, No. 151 (Adj. Sess.), § 43, eff. June 27, 2002.)

§ 4609. Unprofessional conduct (a) The term “unprofessional conduct” means misusing a title in professional activities and any of the conduct listed in 3 V.S.A. § 129a, whether committed by a licensed auctioneer or an applicant. (b) After hearing, and upon a finding of unprofessi…

§ 4701. Definitions As used in this chapter: (1) “Advisor” means an advisor appointed to give advice to the Director of the Office of Professional Regulation under section 4705 of this title. (2) “Consultation by telecommunications” means a respiratory care practitioner renders p…

§ 4702. Prohibition; offenses (a) No person shall practice or attempt to practice respiratory care or hold himself or herself out as being able to do so in this State without first having obtained a license. (b) No person shall use in connection with the person’s name any letters…

§ 4703. Professional identification (a) A person holding a license to practice respiratory care in this State shall use the title “respiratory care practitioner” and the abbreviation “R.C.P.” (b) A licensee shall show his or her license when requested. (c) A person matriculated i…

§ 4704. Director of the Office of Professional Regulation; duties (a) The Director shall: (1) provide general information to applicants for licensure as respiratory care practitioners; (2) administer fees as provided for under 3 V.S.A. § 125(b); (3) explain appeal procedures to r…

§ 4705. Advisor appointees (a) The Secretary of State shall appoint two respiratory care practitioners to serve as advisors in matters relating to respiratory care. They shall be appointed for staggered five-year terms and serve at the pleasure of the Secretary. One of the initia…

§ 4706. Application To apply for licensure as a respiratory care practitioner, a person shall apply to the Director on a form furnished by the Director. The application shall be accompanied by payment of the specified fee and evidence of eligibility as requested by the Director. …

§ 4707. Eligibility To be eligible for licensure as a respiratory care practitioner, an applicant shall: (1) have completed a respiratory care educational program as defined in subdivision 4701(10) of this title; and (2) pass a standardized national examination approved by the Di…

§ 4708. Examination Examinations shall be conducted under this chapter by a nationally recognized credentialing body approved by the Director. Examinations administered and the procedures of administration shall be fair and reasonable and shall be designed and implemented to ensu…

§ 4709. Licensure without examination; endorsement (a) The Director may issue a license to practice respiratory care by endorsement and without examination to an applicant who is currently licensed to practice respiratory care under the laws of another state, territory, or countr…

§ 4710. Temporary licensure (a) A temporary license without examination for practice under the direction of a respiratory care practitioner licensed in Vermont may be issued to a person who applies for the first time to practice respiratory care in this State as a respiratory car…

§ 4711. Temporary licensure for student respiratory therapists (a) Respiratory care services may be performed without a license by a student currently enrolled in a respiratory care educational program when these services are incidental to the clinical aspect of a student’s cours…

§ 4712. Exemptions from licensure (a) A person shall not practice respiratory care or represent himself or herself to be a respiratory care practitioner unless he or she is licensed under this chapter, except that this chapter shall not prohibit: (1) A person matriculated in an e…

§ 4713. Renewals; continuing education (a) Licenses shall be renewed every two years upon payment of the required fee, provided the person applying for renewal completes at least 12 hours of continuing education requirements, approved by the Director, during the preceding two-yea…

§ 4714. 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 in addition to the conduct set forth in 3 V.S.A.§ 129a: (1) Failure to kee…

§ 4901. Purpose and effect In order to safeguard the life and health of the people of this State, a person shall not hold himself or herself out as practicing, practice, or offer to practice, as an applied behavior analyst or an assistant behavior analyst unless currently license…

§ 4902. Definitions As used in this chapter: (1) “Applied behavior analyst” means a person who is licensed under this chapter to engage in the practice of applied behavior analysis. (2) “Assistant behavior analyst” means a person who is licensed under this chapter to engage in th…

§ 4903. Prohibitions; offenses (a) It shall be a violation of this chapter for any person, including any corporation, association, or individual, to: (1) sell or fraudulently obtain or furnish any applied behavior analysis degree, diploma, certificate of registration, license, or…

§ 4904. Exceptions This chapter does not prohibit: (1) The practice of a person who is not licensed under this chapter, who does not use the term “behavior analysis” or similar descriptors suggesting licensure under this chapter, and who is engaged in the course of his or her cus…

§ 4911. Duties of the Director (a) The Director shall: (1) provide general information to applicants for licensure under this chapter; (2) receive applications for licensure and provide licenses to applicants qualified under this chapter; (3) administer fees as established by law…

§ 4912. Advisor appointees (a) The Secretary of State shall appoint three persons in accordance with 3 V.S.A. § 129b for three-year staggered terms to serve at the Secretary’s pleasure as advisors in matters relating to applied behavior analysis. One of the initial appointments s…

§ 4921. Eligibility for licensure by examination as an applied behavior analyst To be eligible for licensure as an applied behavior analyst, an applicant shall: (1) Obtain a doctoral or master’s degree from a recognized educational program accredited by the Association for Behavi…

§ 4922. Eligibility for licensure by examination as an assistant behavior analyst To be eligible for licensure as an assistant behavior analyst, an applicant shall: (1) Obtain a bachelor’s degree from a program at a recognized educational institution that is approved by the Direc…

§ 4923. Licensure by endorsement A person may be licensed under this chapter if he or she: (1)(A) possesses a valid registration or license to engage in the practice of applied behavior analysis issued by the appropriate regulatory authority of a state, territory, or possession o…

§ 4924. Issuance of licenses The Director shall issue a license, upon payment of the fees prescribed in this chapter, to any applicant who has satisfactorily met all the requirements of this chapter. (Added 2015, No. 38, § 46, eff. July 1, 2016.)

§ 4925. Renewals (a) Licenses shall be renewed every two years, on a schedule determined by the Director, upon payment of the renewal fee. (b) Biennially, the Director shall provide notice to each licensee of license expiration and renewal requirements. Upon receipt of a complete…

§ 4926. License and renewal fees Applicants and persons regulated under this chapter shall pay those fees set forth in 3 V.S.A. § 125(b). (Added 2015, No. 38, § 46, eff. July 1, 2016.)

§ 4927. Applications The Director shall promulgate applications for licensure and license renewal. Each application shall contain a statement under oath showing the applicant’s education, experience, and other pertinent information and shall be accompanied by the required fee. (A…

§ 4928. Scope of practice of applied behavior analysts (a) A person licensed under this chapter shall only engage in the practice of applied behavior analysis upon, and within the scope of, a referral from a licensed health professional or school official duly authorized to make …