Title 26, Professions and Occupations

§ 5361. Notarial acts in this State; authority to perform (a) A notarial act, as defined in subdivision 5304(10) of this chapter, may only be performed in this State by a notary public commissioned under this chapter. (b) The signature and title of an individual performing a nota…

§ 5362. Authorized notarial acts (a) A notary public may perform a notarial act as authorized by and in accordance with the requirements of this chapter or otherwise by law of this State. (b) A notary public shall not perform a notarial act with respect to a record to which the n…

§ 5363. Requirements for certain notarial acts (a) Acknowledgments. A notary public who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and ma…

§ 5364. Personal appearance required (a) If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notary public. (b) [Repealed.] (Added 2017, No. 160 (Ad…

§ 5365. Identification of individual (a) Personal knowledge. A notary public has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that …

§ 5366. Signature if individual unable to sign If an individual is physically unable to sign a record, the individual may direct an individual other than the notary public to sign the individual’s name on the record. The notary public shall insert “Signature affixed by (name of o…

§ 5367. Certificate of notarial act (a) A notarial act shall be evidenced by a certificate. The certificate shall: (1) be executed contemporaneously with the performance of the notarial act; (2) be signed and dated by the notary public and be signed in the same manner as on file …

§ 5368. Short-form certificates The following short-form certificates of notarial acts shall be sufficient for the purposes indicated, if completed with the information required by subsections 5367(a) and (b) of this chapter: (1) For an acknowledgment in an individual capacity: S…

§ 5369. Official stamp The official stamp of a notary public shall: (1) include the notary public’s name, jurisdiction, and other information required by the Office; and (2) be capable of being copied together with the record to which it is affixed or attached or with which it is…

§ 5370. Stamping device (a) A notary public is responsible for the security of the notary public’s stamping device and shall not allow another individual to use the device to perform a notarial act. (b) If a notary public’s stamping device is lost or stolen, the notary public or …

§ 5371. Notification regarding performance of notarial act on electronic record; selection of technology (a) A notary public holding a special commission endorsement pursuant to subsection 5341(d) of this title and who is thus authorized to perform notarial acts on electronic rec…

§ 5372. Authority to refuse to perform notarial act (a) A notary public may refuse to perform a notarial act if the notary public is not satisfied that: (1) the individual executing the record is competent or has the capacity to execute the record; or (2) the individual’s signatu…

§ 5373. Validity of notarial acts (a) Except as otherwise provided in subsection 5372(b) of this chapter, the failure of a notary public to perform a duty or meet a requirement specified in this chapter shall not impair the marketability of title or invalidate a notarial act or a…

§ 5374. Notarial act in another state (a) A notarial act performed in another state has the same effect under the law of this State as if performed by a notary public of this State, if the act performed in that state is performed by: (1) a notary public of that state; (2) a judge…

§ 5375. Notarial act under authority of federally recognized Indian tribe (a) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect as if performed by a notary public of this State, if the act performed in …

§ 5376. Notarial act under federal authority (a) A notarial act performed under federal law has the same effect under the law of this State as if performed by a notary public of this State, if the act performed under federal law is performed by: (1) a judge, clerk, or deputy cler…

§ 5377. Evidence of authenticity of notarial act performed in this State (a) The authenticity of the official notarial stamp and signature of a notary public may be evidenced by either: (1) A certificate of authority from the Secretary of State authenticated as necessary. (2) An …

§ 5378. Foreign notarial act (a) In this section, “foreign state” means a government other than the United States, a state, or a federally recognized Indian tribe. (b) If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of…

§ 5379. Notarial act performed for remotely located individual (a) A remotely located individual may comply with section 5364 of this chapter by using communication technology to appear before a notary public with a special commission endorsement. (b) A notary public located in t…

§ 5380. Computer technology and identity proofing providers; minimum standards (a) Communication technology and identity proofing providers shall develop, maintain, and implement processes and services that are consistent with the requirements of this chapter and industry standar…

§ 5401. Definitions As used in this chapter: (1) “Director” means the Director of the Office of Professional Regulation. (2) “Establishment” means any location: (A) where the practice of massage or the practice of bodywork is regularly engaged in; or (B) that represents itself to…

§ 5402. Prohibitions (a) An individual shall not engage in or offer the practice of massage or the practice of bodywork unless the individual is registered with the Office. (b) It shall be a violation of this chapter for any individual to engage in the practice of massage or the …

§ 5403. Unauthorized practice Any individual who owns or operates an unregistered establishment or who engages in the practice of massage or the practice of bodywork without a registration from the Office shall be subject to the penalties provided in 3 V.S.A. § 127. (Added 2019, …

§ 5404. Exemptions (a) The following shall not require a registration under this chapter: (1) the practice of massage or the practice of bodywork by a student as part of a professional massage or bodywork education program; (2) the practice of massage or the practice of bodywork …

§ 5411. Duties of the Director (a) Generally. The Director shall: (1) provide general information to applicants for registration as a massage therapist, bodyworker, or touch professional; (2) receive applications for registration and provide registrations to applicants qualified …

§ 5412. Advisor appointees (a) The Secretary of State shall appoint three advisors of suitable qualifications, as described in this section, to advise the Director on matters relating to the practice of massage and the practice of bodywork. (b) The Secretary shall appoint the adv…

§ 5421. Application A person who desires to be registered under this chapter shall apply for a registration in the manner specified by the Director, accompanied by payment of the required fee. (Added 2019, No. 178 (Adj. Sess.), § 29, eff. April 1, 2021.)

§ 5422. Registration by endorsement The Director may issue a registration to an individual under this chapter if the individual holds a license, registration, certification, or other authorization to practice massage therapy or bodywork from a U.S. or Canadian jurisdiction. (Adde…

§ 5423. Establishments; designee and inspection (a) An establishment shall register with the Office of Professional Regulation. The operation of an establishment without registration shall constitute unauthorized practice under 3 V.S.A. § 127. (b) An establishment is responsible …

§ 5424. Registration renewal (a) A registration under this chapter shall be renewed every two years by submission of a new, completed application and shall be accompanied by payment of the required fee. (b) A registration that has lapsed shall be renewed upon payment of the bienn…

§ 5425. Fees (a) Applicants and persons regulated under this chapter shall pay those fees set forth in 3 V.S.A. § 125(b). (b) An establishment where the practice of massage or the practice of bodywork is provided by only two massage therapists, bodyworkers, or touch professionals…

§ 5426. Display of registration An establishment must conspicuously display the registrations of: (1) the establishment; and (2) any massage therapist, bodyworker, or touch professional engaged in the practice of massage or the practice of bodywork in the establishment. (Added 20…

§ 5427. Unprofessional conduct Unprofessional conduct means the conduct set forth in 3 V.S.A. § 129a and the following: (1) engaging in activities in violation of 13 V.S.A. § 2605 (voyeurism); (2) engaging with a client in sexual conduct as defined in 13 V.S.A. § 2821: (A) at an …

§ 5501. Registration required (a) A person shall register with the Office of Professional Regulation prior to contracting with a homeowner to perform residential construction in exchange for consideration of more than $10,000.00, including labor and materials. (b) Unless otherwis…

§ 5502. Exemptions This chapter does not apply to: (1) an employee acting within the scope of his or her employment for a business organization registered under this chapter; (2)(A) a professional engineer, licensed architect, or a tradesperson licensed, registered, or certified …

§ 5503. Mandatory registration and voluntary certification distinguished (a)(1) The system of mandatory registration established by this chapter is intended to protect against fraud, deception, breach of contract, and violations of law but is not intended to establish standards f…

§ 5505. Duties of the Director (a) The Director of Professional Regulation shall: (1) provide information to the public concerning registration, certification, appeal procedures, and complaint procedures; (2) administer fees established under this chapter; (3) receive application…

§ 5506. Advisors (a) The Secretary of State shall appoint two persons pursuant to 3 V.S.A. § 129b to serve as advisors in matters relating to residential contractors and construction. (b) To be eligible to serve, an advisor shall: (1) register under this chapter; (2) have at leas…

§ 5507. Fees A person regulated under this chapter shall pay the following fees at initial application and biennial renewal: (1) Registration, individual: $75.00. (2) Registration, business organization: $250.00. (3) State certifications: $75.00 for a first certification and $25.…

§ 5508. Eligibility To be eligible for registration, the Director of Professional Regulation shall find that the applicant is in compliance with the provisions of this chapter and applicable State law and has satisfied any judgment order related to the provision of professional s…

§ 5509. Requirements of registrants (a) Insurance. A person registered under this chapter shall maintain minimum liability insurance coverage in the amount of $1,000,000.00 per occurrence and $2,000,000.00 aggregate, evidence of which may be required as a precondition to issuance…

§ 5510. Prohibitions and remedies (a) A person who does not register as required pursuant to this chapter may be subject to an injunction or a civil penalty, or both, for unauthorized practice as provided in 3 V.S.A. § 127(b). (b) The Office of Professional Regulation may discipl…

§ 5601. Definitions As used in this chapter: (1) “Department” means the Department of Environmental Conservation. (2) “Director” means the Director of the Office of Professional Regulation. (3) “Office” means the Office of Professional Regulation. (4) “Qualifying individual” mean…

§ 5602. Application (a) Any person who intends to engage in the business of performing the activities in the classes established under subdivision 5601(6) of this chapter in the State shall hold a well driller license. The person shall apply for a license with the Office, comply …

§ 5603. Prohibitions; penalties (a) It shall be a violation of this chapter for any person, including any corporation, association, or individual, to: (1) practice, or to permit a person to practice, as a well driller without a current license or other authorization to practice a…

§ 5604. Exemptions (a) Employees of a business, governmental entity, or other entity that is owned by, employs, or contracts with a licensed qualifying individual are not required to obtain a well-driller license to perform the activities set forth in subdivision 5601(6) of this …