No. 133. an Act Relating to Professional Regulation

NO. 133Page 1

NO. 133. AN ACT RELATING TO PROFESSIONAL REGULATION.

(H.738)

It is hereby enacted by the General Assembly of the State of Vermont:

* * * Office of Professional Regulation * * *

Sec. 1. 3 V.S.A. § 125 is amended to read:

§ 125. FEES

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(c) Notwithstanding any provisions of law to the contrary, a board shall not require payment of renewal fees for years during which a license was lapsed.

Sec. 2. 3 V.S.A. § 129 is amended to read:

§129. POWERS OF BOARDS; DISCIPLINE PROCESS

(a) In addition to any other provisions of law, a board may exercise the following powers:

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(4) After notice and an opportunity to be heard, issue a warning for minor violations of a provision of statute or the board's rules. The types of violations subject to warnings under this section shall be designated by the board, by rule.

(5)(4) Issue warnings or reprimands, suspend, revoke, limit, condition or prevent renewal of licenses, after disciplinary hearings or, in cases requiring emergency action, immediately, as provided by section 814 of this title.

(6)(5) Reinstate or deny reinstatement of a license which has been revoked, suspended, limited or conditioned.

(7)(6) Discipline any licensee or refuse to license any person who has had a license revoked, suspended, limited or conditioned by a licensing agency in another jurisdiction for an offense which would constitute unprofessional conduct in this state, or has surrendered a license while under investigation for unprofessional conduct.

(8)(7) Notify relevant state, federal and local agencies and appropriate bodies in other states of the status of any disciplinary case against an applicant or licensee, provided the board has taken disciplinary action or has served a notice of charges against the person.

(9)(8) Refuse to accept the return of a license tendered by the subject of a disciplinary investigation or refuse to allow an applicant who is the subject of a disciplinary investigation to withdraw his or her application without permission of the board.

(10)(9) Adopt rules governing the issuance of licenses to practice, to persons licensed and in good standing to practice in another jurisdiction, that authorize the holder of the license to practice in this state for no more than 10 days or 80 hours in any calendar year upon payment of the required fee.

(11)(10) For good cause shown, waive fees when a license is required to provide services on a pro bono basis or in accordance with standards established by the board by rule.

(11) Issue temporary licenses to health care providers during a declared state of emergency. The health care provider to be issued a temporary license must be currently licensed, in good standing and not subject to disciplinary proceedings in any other jurisdiction. The temporary license shall authorize the holder to practice in Vermont until the termination of the declared state of emergency or 90 days, whichever occurs first. Fees shall be waived when a license is required to provide services under this subdivision.

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* * * Accountants * * *

Sec. 3. 26 V.S.A. § 73 is amended to read:

§ 73. CORPORATIONS PRACTICING PUBLIC ACCOUNTING

A corporation or, limited liability company, partnership, or other business organization engaged in the practice of public accounting shall incorporate as a professional corporation, or organize as a professional limited liability company and may be disciplined by the board for the unprofessional conduct of its officers, directors, managers, members, partners, shareholders and employees. Disciplinary action against a corporation or, limited liability company, partnership, or other business organization may include recommending to the secretary of state that involuntary dissolution proceedings be begun.

Sec. 4. 26 V.S.A. § 74 is amended to read:

§ 74. FIRMS; REGISTRATION AND OWNERSHIP

(a) All firms that have an office established or maintained in this state for the practice of public accounting shall be registered triennially with the board until July 1, 1999 and biennially with the board thereafter. Each office shall be under the direct supervision of a resident manager who shall be a public accountant licensed in this state and shall be either a principal, shareholder or a staff employee. The resident manager may serve in that capacity at one office only. The board shall adopt rules prescribing the procedure to be followed in carrying out the registrations.

(b) An applicant for initial registration or renewal under this section shall be required to show that, notwithstanding any other provision of law, a simple majority of the ownership of the firm, in terms of financial interests and voting rights of all partners, officers, members, shareholders or managers, belongs to holders of a certificate who are licensed in some state, and such partners, officers, members, shareholders or managers, whose principal place of business is in this state, and who perform professional services in this state, hold a valid license issued under this chapter. Although firms may include nonlicensee owners, the firm and its ownership must comply with the rules adopted by the board.

(1) The firm designates a licensee of this state who is responsible for the proper registration of the firm, and identifies that individual to the board.

(2) All nonlicensee owners are active individual participants in the CPA or RPA firm or affiliated entities.

(3) The firm complies with such other requirements as the board may impose by rule.

(d) Any individual licensee who is responsible for supervising attest or compilation services and signs or authorizes someone to sign the accountant’s report on the financial statements on behalf of the firm, shall meet the experience or competency requirements set out in the professional standards for such services.

(e) Any individual licensee who signs or authorizes someone to sign the accountant’s report on the financial statements on behalf of the firm, shall meet the experience or competency requirements of subsection (d) of this section.

Sec. 5. 26 V.S.A. § 75 is amended to read:

§ 75. RENEWAL

(a) Public accountant licenses and firm registrations under this chapter shall be renewed every three years prior to July 1, 1999 and every two years thereafter on payment of the required fee.

(b) As a condition of renewal of a license as a public accountant, the board may require that the licensee establish that he or she has satisfied continuing education requirements established by board rule.

(c) The board may by rule require, on either a uniform or a random basis, as a condition to renewal of firm registrations under section 74 of this title, that applicants undergo reportpeer reviews conducted no more frequently than once every three years prior to July 1, 1999 and every two years thereafter in such manner and producing such satisfactory result as the board may specify, provided, however, that any such requirement:

(1) shall be adopted reasonably in advance of the time when it is first required to be met, and

(2) shall include a reasonable provision for compliance by an applicant's showing that the applicant has undergone a satisfactory qualitypeer review performed for other purposes which was substantially equivalent to reportpeer reviews generally required pursuant to this section, and completion of such review was within the twothree years immediately preceding the renewal period.

(d) Information submitted for reportpeer reviews is exempt from public disclosure under 1 V.S.A. § 317(b)(3) and (6).

(e) Failure of a licensee or registrant to apply for renewal within three months of expiration terminates the right of renewal unless the applicant demonstrates hardship.

* * * Architects * * *

Sec. 6. 26 V.S.A. § 121 is amended to read:

§ 121. DEFINITIONS

As used in this chapter:

(1) "Architect" means a person who is licensed to practice architecture under this chapter.

(2) "Board" means the "Vermont board of architecture."

(3) "Disciplinary action" includes any action taken against a licensee by the board or on appeal from the board, when that action suspends, revokes, limits or conditions a license in any way, and includes reprimands and dismissals.

(4) "Plans" or "working drawings" mean any drawings or graphic representations or any combination of drawings or graphic representations, or reproductions thereof, prepared for the purpose of illustrating proposed or intended designs for the construction, enlargement or alteration of any building or project.

(5) The "practice of architecture" means providing professional services such as consultation, investigation, evaluation, planning, designing (including structural design), or responsible supervision of construction in connection with any building or structure which has as its principal purpose human occupancy or habitation.

(6) “Responsible control” means that amount of control over and detailed knowledge of the content of technical submissions during their preparation as is ordinarily exercised by licensed architects applying the required professional standard of care.

(6)(7) "Supervision" means work prepared under the regular, personal review of a licensed architect's control and as to which the architect has detailed professional knowledge.

(7)(8) “Technical submissions” means designs, drawings, specifications, studies and other technical reports prepared in the course of executing a portion of a construction project.

* * * Barbers and Cosmetologists * * *

Sec. 7. 26 V.S.A. § 277 is amended to read:

§ 277. QUALIFICATIONS; BARBER

(a) A person shall be eligible for licensure as a barber if the person is at least 18 years of age and has satisfactorily completed an accredited barber school program and an apprenticeship of 12 months; or has satisfactorily completed an apprenticeship of 24 months in addition to courses, as prescribed by the board, and has passed the examination described in section 283 of this title.

(b) The board shall issue a limited barbering license, with an endorsement for cutting, shampooing and styling hair and for mustache and beard trimming, to any person incarcerated in a state correctional facility who completes, while under the direct personal supervision of a barber licensed by the board, a course of training of not less than 10 hours in cutting, shampooing and styling hair and trimming of mustache and beard. Such limited license shall be valid only within a state correctional facility. No fees shall be charged for a limited license issued under this subsection.

Sec. 8. 26 V.S.A. § 281 is amended to read:

§ 281. SCHOOL OF BARBERING AND COSMETOLOGY; REGISTRATION

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(b) Regional vocational centers may offer courses of instruction in barbering or cosmetology without certification by the board and state correctional facilities may offer courses of instruction in barbering without certification by the board; however, credits for licensing will only be given for courses that meet the board’s standards for courses offered in schools of barbering or cosmetology.

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* * * Chiropractic * * *

Sec. 9. 26 V.S.A. § 529 is amended to read:

§ 529. POWERS; DUTIES

(a) In addition to its other powers and duties, the board shall:

(1) Provide general information to applicants.

(2) Explain appeal procedures to licensees and applicants and complaint procedures to the public.

(3) Conduct a competency evaluation where radiographic services are performed by licensees required to demonstrate competency under section 525 of this title to insure that optimum radiologic technology practices are used to minimize patient and occupational radiation dose. The evaluation fee required under section 535 of this title shall not be assessed more than once in any two-year period against any licensee evaluated under this subdivision. The director of the office of professional regulation may contract with the department of health or others to perform evaluations under this subsection.

(b) The board may adopt rules necessary for the performance of its duties, including:

(1) procedures for mandatory reporting of unsafe radiologic conditions or practices;

(2) procedures for continued competency evaluation;

(3) procedures for radiation safety;

(4) procedures for competency standards for license applications and renewals;

(5) rules relating to medical recordkeeping standards and release of medical records.

Sec. 10. 26 V.S.A. § 541 is amended to read:

§ 541. DISCIPLINARY PROCEEDINGS; UNPROFESSIONAL CONDUCT

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(b) Unprofessional conduct means the following conduct and the conduct set forth in section 129a of Title 3:

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(15) Failing to inform a patient verbally and to obtain signed written consent from a patient before proceeding from advertised chiropractic services for which no payment is required to chiropractic services for which payment is required.

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* * * Dentists and Dental Hygienists * * *

Sec. 11. 26 V.S.A. § 812 is amended to read:

§ 812. REVOCATION OF LICENSE FOR FAILURE TO PAY FEES

(a) In case of default of payment of the renewal fee for a period of sixty90 days, the license certificate shall be automatically revoked. However, the payment of the fee after the expiration of the sixty90 days together with the late renewal penalty plus the registration fees that are in arrears, including the current years, shall restore the license certificate provided the requirements of subsection (c) of section 810 of this title have been met.

(b) Notwithstanding the provisions of subsection (a) of this section, a person shall not be required to pay registration fees for years spent on active duty in the Armed Forces of the United States. Such person shall only pay the late renewal penalty and the current biennial renewal fee.

* * * Embalmers * * *

Sec. 12. 26 V.S.A. § 951 is amended to read:

§ 951. QUALIFICATIONS OF MEMBERS; OATH; TERM; REMOVAL

The board of funeral service shall consist of five members appointed by the governor, three of whom shall be licensed funeral directors with five years of experience as funeral directors and two members shall represent the public. At least two of the funeral directors shall also be licensed embalmers. The public members shall not have a direct or indirect financial interest in the funeral business. Each member shall be sworn before entering upon histhe member’s duties. The term of office of each member shall be six years.

Sec. 13. REPEAL

26 V.S.A. § 952 (Officers) is repealed.

* * * Funeral Directors * * *

Sec. 14. 26 V.S.A. § 1257 is amended to read:

§ 1257. UNPROFESSIONAL CONDUCT

(a) A funeral director shall not engage in unprofessional conduct.

(b) Unprofessional conduct means:

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(11)(4) Failure to make available at the licensee's place of business, by color picture or display, the three least expensive caskets, as available. For the purposes of this section and related administrative rules, the three least expensive caskets shall include one cloth, one metal, and one wood casket.

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* * * Osteopathy * * *

Sec. 15. 26 V.S.A. § 1750 is amended to read:

§ 1750. DEFINITIONS

As used in this chapter:

(1) "Approved hospital" means a hospital approved by the American Osteopathic Association (AOA) or Accreditation Council for Graduate Medical Education (ACGME).

(2) "Approved program" means a one-year internship or postgraduate program approved by the AOA or the ACGME.

(3) "Accredited school or college of osteopathic medicine" means a school approved by the AOA or by the board according to its rules.

(4) "Board" means the board of osteopathic physicians and surgeons created under section 1791 of this title.

(5) "Disciplinary action" includes any action taken by the board against a person licensed under this chapter or an applicant premised on a finding that the person has engaged in unprofessional conduct. The term includes all sanctions of any kind, including obtaining injunctions, refusing to grant or renew a license, suspending or revoking a license and issuing warnings.

(6) “Local medical director” means, for purposes of this chapter, an osteopathic physician who is board-certified or board-eligible in his or her field of specialty, as determined by the AOA or the American Board of Medical Specialties (ABMS), and who is charged by a managed care plan with responsibility for overseeing all clinical activities of the plan in this state, or his or her designee.

(7) “Managed care plan” or “plan” means a health benefit plan offered by a health insurer that either requires a member to use, or creates incentives, including financial incentives, for a member to use, health care providers and health care facilities managed, owned, under contract with or employed by the health insurer. For purposes of this chapter, an obligation imposed upon a managed care plan shall be deemed to be imposed as well on the health insurer that offers the managed care plan.

(8) “Member” means any individual who has entered into a contract with a managed care plan for the provision of health care services, or on whose behalf such an arrangement has been made, as well as the individual’s dependents covered by the contract.

(6)(9) "Osteopathic physician" means a person licensed under this chapter to practice osteopathic medicine.

(7)(10) "Practice of osteopathic medicine" means the diagnosis, treatment, operation or prescription for any human disease, pain, injury, deformity or other physical or mental condition, which practice is based in part upon educational standards and requirements which emphasize the importance of the neuromusculoskeletal structure and manipulative therapytreatment in the maintenance and restoration of health.

Sec. 16. 26 V.S.A. § 1837 is added to read:

§ 1837. MANAGED CARE PLAN; LOCAL MEDICAL DIRECTOR

A local medical director who is an osteopathic physician employed by a managed care plan with members in this state shall possess a full and unrestricted license issued by the board.

* * * Pharmacy * * *

Sec. 17. 26 V.S.A. § 2045 is amended to read:

§ 2045. REINSTATEMENT

(a) A person applying for renewal of a license that has lapsed for five years or less shall not be assessed the renewal fees for the years during which the license was lapsed. For renewal of a license lapsed for more than five years, the board may assess the renewal fees for the years the license has lapsed beyond five. The board may renew a license which has lapsed upon payment of the required fee and the late renewal penalty, provided all the requirements for renewal, including continuing education, have been satisfied. The board shall not require payment of renewal fees for years during which the license was lapsed.

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* * * Veterinary Medicine * * *

Sec. 18. 26 V.S.A. § 2426 is amended to read:

§ 2426. RENEWAL OF LICENSE

(a) Biennially, on or before August 1, a licensed veterinarian shall pay to the secretary of state, a renewal fee in the amount prescribed by section 2414 of this title, and shall receive a license card bearing his or her name, address, registration number, and the date of expiration of the license. The board shall suspend the license of a person whose renewal fee is delinquent, until the fee is paidrenewal fee and late renewal penalty are paid and the person has satisfied all the requirements for renewal, including continuing education. A person shall not be required to pay renewal fees for years during which the license was lapsed. The certificate shall be displayed at the licensee's place of business. A renewal application form shall be mailed to every licensed veterinarian at least two months prior to the date of the biennial registration. Licenses which have not been renewed for a period of four years may not be renewed under this section.

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Sec. 19. 26 V.S.A. § 2428 is amended to read:

§ 2428. REINSTATEMENT

Reinstatement procedures for lapsed licenses may not include reexamination unless the license has been lapsed for at least four years. A person reinstating shall not be required to pay renewal fees for the years during which the license was lapsed.