H 588 — An act relating to professions and occupations regulated by the Office of Professional Regulation

3 V.S.A.

§ 129b is amended to read:

§ 129b.

BOARD MEMBER AND ADVISOR APPOINTMENTS (a) Notwithstanding any provision of law to the contrary relating to terms of office and appointments for members of boards attached to the Office of Professional Regulation, all board members appointed by the Governor shall be the age of majority, appointed for staggered five-year terms, and shall serve at the pleasure of the Governor.

Appointments under this section shall not be subject to the advice and consent of the Senate.

The Governor may remove any member of a board as provided in section 2004 of this title.

Vacancies created other than by expiration of a term shall be filled in the same manner that the initial appointment was made for the unexpired portion of the term.

Terms shall begin on January 1 of the year of appointment and run through December 31 of the last year of the term.

The Governor may request nominations from any source but shall not be bound to select board members from among the persons nominated.

As provided in section 2004 of this title, board members shall hold office and serve until a successor has been appointed.

* * * Sec.

5.

3 V.S.A.

§ 137 is amended to read:

§ 137.

UNIFORM PROCESS FOR FOREIGN CREDENTIAL VERIFICATION BILL AS PASSED BY THE HOUSE H.588 Page 6 of 58 * * * (d) The provisions relating to preliminary license denials set forth in subsection 129(e) of this subchapter shall apply to a license application that is preliminarily denied for nonequivalence under this section.

* * * Dentists * * * Sec.

6.

26 V.S.A.

§ 603 is added to read:

§ 603.

LIMITED ACADEMIC DENTIST LICENSE (a) Scope of dentist practice.

A limited academic dentist license is a credential that authorizes the practice of dentistry only:

(1) at a teaching facility operated by a dental program that is accredited by the American Dental Association’s Commission on Dental Accreditation to grant doctoral degrees in dental medicine or dental surgery;

and (2) under the general supervision of a dentist who is fully licensed in good standing.

(b) Eligibility.

To qualify for a limited academic dentist license, an applicant must:

(1) be appointed as a full-time dental instructor of an accredited dental program;

(2) hold a dental degree sufficient for licensure by examination under section 601 of this title;

and BILL AS PASSED BY THE HOUSE H.588 Page 7 of 58 (3) complete any courses in emergency office procedures or cardiopulmonary resuscitation required for a licensed dentist.

(c) Specialties unavailable.

A limited academic dentist license holder who is not otherwise licensed as a dentist in this State is ineligible for sedation and general anesthesia specialties.

(d) Notification of termination required.

A limited academic dentist license holder must notify the Office within 48 hours after any termination as a full-time dental instructor.

Continued practice after termination constitutes unauthorized practice under 3 V.S.A.

§ 127.

(e) Renewal.

For license renewal, a limited academic dentist license holder must:

(1) meet all renewal requirements set forth in subsections 661(a)–(d) for a licensed dentist, except no fee is required;

and (2) continue to be a full-time dental instructor of an accredited dental program.

Sec.

7.

26 V.S.A.

§ 662 is amended to read:

§ 662.

FEES (a) Applicants and persons regulated under this chapter shall pay the following fees:

(1) Application (A) Dentist $285.00 BILL AS PASSED BY THE HOUSE H.588 Page 8 of 58 (B) Limited Academic Dentist $0.00 (C) Dental therapist $215.00 (C)(D) Dental hygienist $200.00 (D)(E) Dental assistant $80.00 (2) Biennial renewal (A) Dentist $655.00 (B) Limited Academic Dentist $0.00 (C) Dental therapist $310.00 (C)(D) Dental hygienist $245.00 (D)(E) Dental assistant $105.00 (b) The licensing fee for a dentist, dental therapist, or dental hygienist or the registration fee for a dental assistant who is otherwise eligible for licensure or registration and whose practice in this State will be limited to providing pro bono services at a free or reduced-fee clinic or similar setting approved by the Board shall be waived.

* * * Massage Therapists, Bodyworkers, and Touch Professionals * * * Sec.

8.

26 V.S.A.

chapter 105 is amended to read:

CHAPTER 105.

MASSAGE THERAPISTS, BODYWORKERS, AND TOUCH PROFESSIONALS Subchapter 1.

General Provisions BILL AS PASSED BY THE HOUSE H.588 Page 9 of 58 § 5401.

DEFINITIONS As used in this chapter:

* * * (2)(A) “Establishment” means any place of business that location:

(i)(A) offers the practice of massage or the practice of bodywork or where the practice of massage or the practice of bodywork is conducted on the premises of the business where the practice of massage or the practice of bodywork is regularly engaged in;

or (ii)(B) that represents itself to the public by any title or description of services incorporating the words “touch professional,” “bodywork,” “massage,” “massage therapy,” “massage therapist,” “massage practitioner,” “massagist,” “masseur,” “masseuse,” “energy work,” or other words identified by the Director in rules.

(B) A “place of business” includes any office, clinic, facility, salon, spa, or other location not otherwise exempted under section 5404 of this chapter where a person or persons engage in the practice of massage or the practice of bodywork.

* * * § 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 BILL AS PASSED BY THE HOUSE H.588 Page 10 of 58 registration from the Office shall be subject to the penalties provided in 3 V.S.A.

§ 127 (unauthorized practice).

§ 5404.

EXEMPTIONS * * * (c) Nothing in this chapter shall prohibit a massage therapist, bodyworker, or touch professional from engaging in or offering the practice of massage or the practice of bodywork at a location that is not an a registered establishment, if:

(1) so long as prior to engaging in that practice at that location, the registrant massage therapist and his or her the client agree in advance that the location is acceptable;

and (2) the location is not an establishment as defined in subdivision 5401(2) of this title.

(d) Establishment registration is not required for a location where the practice of massage or the practice of bodywork is provided solely by:

(1) persons exempt from registration;

or (2) a single massage therapist, bodyworker, or touch professional.

* * * § 5411.

DUTIES OF THE DIRECTOR * * * BILL AS PASSED BY THE HOUSE H.588 Page 11 of 58 (b) Rules.

(1) The Director shall adopt rules requiring a massage therapist, bodyworker, or touch professional to disclose to each new client before the first treatment the following information:

(A) the professional qualifications and experience of the registrant;

(B) actions that constitute unprofessional conduct;

(C) the method for filing a complaint against a registrant;

and (D) the method for making a consumer inquiry with the Office.

(2) The Director shall adopt rules regarding the display of:

(A) the registrations of employed or contracted massage therapists, bodyworkers, or touch professionals at an establishment;

and (B) information regarding unprofessional conduct and filing complaints with the Office.

(3) The rules described in this subsection shall include provisions relating to the manner in which the information disclosed shall be distributed or displayed and a requirement that a massage therapist, bodyworker, or touch professional and his or her the client sign an acknowledgement that the information was disclosed.

(4) The Director may adopt other rules as necessary to perform his or her the Director’s duties under this chapter.

BILL AS PASSED BY THE HOUSE H.588 Page 12 of 58 (5) The Director may adopt rules limiting the applicability of this chapter as applied to establishments operated within private homes.

* * * § 5423.

ESTABLISHMENTS;

DESIGNEE AND INSPECTION (a) An establishment shall designate a massage therapist, bodyworker, or touch professional to be responsible for ensuring the establishment complies with the requirements of this chapter and the rules adopted by the Director 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 for ensuring its lawful operation, regardless of whether the establishment’s owner is on-site or has personal knowledge of its operations.

The Office may prosecute an establishment for unprofessional conduct or unauthorized practice occurring at the establishment.

(c) The Director may require that an application for establishment registration include:

(1) the management and ownership of the business;

(2) the name, location, and licensing history of any past or present massage establishment under the same management or ownership;

(3) the location and ownership of the establishment’s premises;

BILL AS PASSED BY THE HOUSE H.588 Page 13 of 58 (4) proof of business registration with the Secretary of State;

and (5) other information required by the Director in rule.

(d) The Director may deny an establishment registration of a location where unprofessional conduct, as defined in subdivision 5427(2) or (3) of this title, has previously occurred, even if under different ownership or management.

A denial on this basis shall follow the same procedures as a denial for unprofessional conduct under 3 V.S.A.

§ 128.

(e) A person authorized by the Director may enter any establishment for the purpose of inspection when a complaint has been filed with the Office regarding the practice of massage or the practice of bodywork at that establishment.

The Director may require an establishment to undergo inspection prior to registration.

A fee shall not be charged for any inspection under this subsection.

* * * § 5426.

DISPLAY OF REGISTRATION A massage therapist, bodyworker, or touch professional shall conspicuously display his or her registration in any establishment where the registrant is engaged in the practice of massage or the practice of bodywork An establishment must conspicuously display the registrations of:

BILL AS PASSED BY THE HOUSE H.588 Page 14 of 58 (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.

§ 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 in a sexual act with a client in sexual conduct as defined in 13 V.S.A.

§ 2821:

(A) at an establishment;

or (B) while engaging in, offering to engage in, or purporting to engage in the practice of massage or the practice of bodywork;

(3) meeting a client at an establishment for the purpose of sexual conduct;

(3)(4) conviction of a crime committed while engaged in the practice of massage or the practice of bodywork;

(4)(5) performing massage or bodywork that the massage therapist, bodyworker, or touch professional knows or has reason to know has not been authorized by a client or the client’s legal representative;

and (5)(6) engaging in conduct of a character likely to deceive, defraud, or harm the public;

and BILL AS PASSED BY THE HOUSE H.588 Page 15 of 58 (7) engaging in the practice of massage or the practice of bodywork at an unregistered establishment.

Sec.

9.

13 V.S.A.

§ 2638 is amended to read:

§ 2638.

IMMUNITY FROM LIABILITY (a) As used in this section:

(1) “Human trafficking” has the same meaning as in section 2651 of this title.

(2) “Prostitution” has the same meaning as in section 2631 of this title.

(b) A person who, in good faith and in a timely manner, reports to law enforcement that the person is a victim of or a witness to a crime that arose from the person’s involvement in prostitution or human trafficking shall not be cited, arrested, or prosecuted for a violation of the following offenses:

(1) section 2632 of this title (prostitution);

(2) section 2601a of this title (prohibited conduct);

(3) 18 V.S.A.

§ 4230(a)(1)–(3) (cannabis possession);

(4) 18 V.S.A.

§ 4231(a)(1) and (2) (cocaine possession);

(5) 18 V.S.A.

§ 4232(a)(1) and (2) (LSD possession);

(6) 18 V.S.A.

§ 4233(a)(1) and (2) (heroin possession);

(7) 18 V.S.A.

§ 4234(a)(1) and (2) (depressant, stimulant, and narcotic drugs possession);

BILL AS PASSED BY THE HOUSE H.588 Page 16 of 58 (8) 18 V.S.A.

§ 4234a(a)(1) and (2) (methamphetamine possession);

(9) 18 V.S.A.

§ 4235(b)(1) (hallucinogenic drugs possession);

and (10) 18 V.S.A.

§ 4235a(a)(1) (Ecstasy possession);

and (11) 26 V.S.A.

§ 5403 (unauthorized practice of massage or bodywork).

* * * * * * Midwives * * * Sec.

10.

26 V.S.A.

chapter 85 is amended to read:

CHAPTER 85.

MIDWIVES * * * § 4185.

DIRECTOR;

DUTIES * * * (c)(1) The Director shall appoint an advisory committee to study and report to the Director and to the Commissioner of Health on matters relating to midwifery, including recommendations if necessary for revisions to the administrative rules.

The Committee shall focus on improving communication and collaboration among birth providers.

(2) The Committee shall be composed of at least six members:

three midwives licensed under this chapter, two physicians licensed by the Board of Medical Practice or the Board of Osteopathic Physicians and Surgeons, and one advanced practice registered nurse midwife licensed by the Board of Nursing.

BILL AS PASSED BY THE HOUSE H.588 Page 17 of 58 (3) Members of the Committee shall be entitled to compensation at the rate provided in 32 V.S.A.

§ 1010.

* * * § 4187.

RENEWALS (a)(1) Biennially, the Director shall forward a renewal form to each licensed midwife A license shall be renewed every two years upon the filing of a renewal application, payment of the required fee, and proof of compliance with renewal requirements.

The completed form renewal application shall include verification that during the preceding two years, the licensed midwife has:

(A) completed 20 hours of continuing education approved by the Director by rule;

(B) participated in at least four peer reviews;

(C) submitted individual practice data;

(D) maintained current cardiopulmonary resuscitation certification;

and (E)(D) filed a timely certificate of birth for each birth at which he or she the licensee was the attending midwife, as required by law;

and (E) maintained current certification by the North American Registry of Midwives.

BILL AS PASSED BY THE HOUSE H.588 Page 18 of 58 (2) Upon receipt of the completed form and of the renewal fee, the Director shall issue a renewal license to applicants who qualify under this section.

(b) The Director shall renew a license that has lapsed for a period of three years or less upon receipt of the renewal fee and late renewal penalty, the reinstatement fee, and an application for renewal that shows that the person still meets the eligibility requirements of this chapter and that all the requirements for renewal, including continuing education, have been satisfied.

A person shall not be required to pay renewal fees for lapsed years.

(c) The Director may adopt rules to assure that an applicant whose license has lapsed for a period greater than three years may be eligible for licensing, but such rules shall not establish requirements greater than the eligibility requirements of this chapter.

(d) The Director may, as a condition of license renewal, require that licensed midwives submit individual practice data to the Office or its designee.

The required data may include information such as client demographics, complications of labor and delivery, breastfeeding and postpartum health, and such other information as the Director may require.

* * * Pharmacists * * * Sec.

11.

26 V.S.A.

§ 2023 is amended to read:

§ 2023.

CLINICAL PHARMACY;

PRESCRIBING BILL AS PASSED BY THE HOUSE H.588 Page 19 of 58 * * * (b) A pharmacist may prescribe in the following contexts:

* * * (2) State protocol.

(A) A pharmacist may prescribe, order, or administer in a manner consistent with valid State protocols that are approved by the Commissioner of Health after consultation with the Director of Professional Regulation and the Board and the ability for public comment:

(i) opioid antagonists;

(ii) epinephrine auto-injectors;

(iii) tobacco cessation products;

(iv) tuberculin purified protein derivative products;

(v) self-administered hormonal contraceptives, including subcutaneous depot medroxyprogesterone acetate;

(vi) dietary fluoride supplements;

(vii) vaccinations for patients 18 years of age or older, vaccinations recommended by the Centers for Disease Control and Prevention’s Advisory Committee on Immunization Practices (ACIP) and administered consistently with the ACIP-approved immunization schedules, as may be amended from time to time;

BILL AS PASSED BY THE HOUSE H.588 Page 20 of 58 (viii) for patients five years of age or older, influenza vaccine, COVID-19 vaccine, and subsequent formulations or combination products thereof;

* * * Sec.

12.

26 V.S.A.

§ 2042a is amended to read:

§ 2042a.

PHARMACY TECHNICIANS;

QUALIFICATIONS FOR REGISTRATION * * * (c) Pharmacy technicians shall only administer immunizations:

(1) to patients 18 years of age or older, as established in subdivision 2023(b)(2)(A)(vii) and the resulting State protocol;

(2) to patients five years of age or older, influenza vaccine, COVID-19 vaccine, and subsequent formulations or combination products thereof, in accordance with subdivision 2023(b)(2)(A)(viii) and the resulting State protocol;

and (3) pursuant to the schedules and recommendations of the Advisory Committee on Immunization Practices’ recommendations for the administration of immunizations, as those recommendations may be updated from time to time;

and (4) when a licensed pharmacist who is trained to immunize is present and able to assist with the immunization, as needed.

BILL AS PASSED BY THE HOUSE H.588 Page 21 of 58 (d) Pharmacy technicians shall administer only those immunizations that:

(1) are recommended by the Centers for Disease Control and Prevention’s Advisory Committee on Immunization Practices (ACIP);

and (2) licensed pharmacists are permitted to administer under the State clinical pharmacy protocol, as established in subdivision 2023(b)(2) of this title.

(e) Pharmacy technicians performing COVID-19 tests shall do so only:

(1) when a licensed pharmacist who is trained to perform COVID-19 tests is present and able to assist with the test, as needed;

(2) in accordance with a State protocol adopted under subdivision 2023(b)(2)(A)(x) of this title;

and (3) in accordance with rules adopted by the Board.

(f)(e) The Board may adopt rules regarding the administration of immunizations and the performance of COVID-19 tests by pharmacy technicians.

* * * Funeral Services * * * Sec.

13.

26 V.S.A.

§ 1211 is amended to read:

§ 1211.

DEFINITIONS (a) As used in this chapter, unless a contrary meaning is required by the context:

* * * BILL AS PASSED BY THE HOUSE H.588 Page 22 of 58 (6) “Practice of funeral service” means arranging, directing, or providing for the care, preparation, or disposition of dead human bodies for a fee or other compensation.

This includes:

(A) meeting with the public to select a method of disposition or funeral observance and merchandise;

(B) entering into contracts, either at-need or pre-need, for the provision of dispositions, funeral observances, and merchandise;

(C) arranging, directing, or performing the removal or transportation of a dead human body;

(D) securing or filing certificates, permits, forms, or other documents;

(E) supervising or arranging a funeral, memorial, viewing, or graveside observance;

and (F) holding oneself out to be a licensed funeral director by using the words or terms “funeral director,” “mortician,” “undertaker,” or any other words, terms, title, or picture that, when considered in context, would imply that such person is engaged in the practice of funeral service or is a licensed funeral director;

and (G) disposing of dead human bodies by cremation, alkaline hydrolysis, or natural organic reduction.

* * * BILL AS PASSED BY THE HOUSE H.588 Page 23 of 58 (c) Notwithstanding this section, owners of a disposition facility and their personnel may engage in the listed activities in subdivision (a)(6) of this section only to the extent such functions are necessary to the performance of their duties.

Specifically, personnel at a disposition facility may:

(1) provide for the disposition dispose of dead human bodies by cremation, alkaline hydrolysis, or natural organic reduction and meet with the public to arrange and provide for the disposition;

(2) enter into contracts, without taking prepaid funds, for the provision of dispositions disposition by cremation, alkaline hydrolysis, or natural organic reduction;

(3) arrange, direct, or perform the removal or transportation of a dead human body, provided that removals are performed by licensed removal personnel;

and (4) secure and file certificates, permits, forms, or other documents.

* * * Psychologists * * * Sec.

14.

TEMPORARY PSYCHOLOGIST LICENSURE RULES (a) Notwithstanding the provisions of 26 V.S.A.

chapter 55 and 3 V.S.A.

chapter 25, the Director of the Office of Professional Regulation may adopt temporary rules permitting supplementation of a master’s or doctoral degree under 26 V.S.A.

§ 3011a(a)(2).

BILL AS PASSED BY THE HOUSE H.588 Page 24 of 58 (b) Temporary rules adopted pursuant to this section shall be:

(1) developed in consultation with the Board and the Vermont Psychological Association;

and (2) consistent with 26 V.S.A.

chapter 57.

(c)(1) Temporary rules may be adopted without having been prefiled or filed in proposed or final proposed form and may be adopted after whatever notice and hearing the Director finds to be practicable under the circumstances.

The Director shall make reasonable efforts to ensure that temporary rules are known to persons who may be affected by them.

(2) Temporary rules proposed under this section shall be filed with the Secretary of State and with the Legislative Committee on Administrative Rules.

The rules shall include as much of the information required for the filing of a proposed rule as is practicable under the circumstances.

The Legislative Committee on Administrative Rules shall distribute copies of temporary rules to the appropriate standing committees.

(3) On a majority vote of the entire Committee, the Committee may object under this subsection if a temporary rule is:

(A) beyond the authority of the Director;

(B) contrary to the intent of the General Assembly;

or (C) arbitrary.

BILL AS PASSED BY THE HOUSE H.588 Page 25 of 58 (4) When objection is made under this subsection, on majority vote of the entire Committee, the Committee may file the objection in certified form with the Secretary of State.

The objection shall contain a concise statement of the Committee’s reasons for its action.

The Secretary shall affix to each objection a certification of its filing and as soon as practicable transmit a copy to the Director.

After a Committee objection is filed with the Secretary under this subsection, to the extent that the objection covers a rule or portion of a rule, the burden of proof thereafter shall be on the Director in any action for judicial review or for enforcement of the rule to establish that the part objected to is within the authority delegated to the Director, is consistent with the intent of the General Assembly, and is not arbitrary.

If the Director fails to meet its burden of proof, the court shall declare the whole or portion of the rule objected to invalid.

The failure of the Committee to object to a rule is not an implied legislative authorization of its substantive or procedural lawfulness.

(5) When the Committee makes an objection to a temporary rule under this subsection, the Director may withdraw the rule to which an objection was made.

Prior to withdrawal, the Director shall give notice to the Committee of its intent to withdraw the rule.

A rule shall be withdrawn upon the filing of a notice of withdrawal with the Secretary of State and the Committee.

If the temporary rule amended an existing rule, upon withdrawal of the temporary BILL AS PASSED BY THE HOUSE H.588 Page 26 of 58 rule, the existing rule shall revert to its original form, as though the temporary rule had never been adopted.

(6) In response to an expressed concern of the Legislative Committee on Administrative Rules, the Director may make a germane change to a temporary rule that is approved by the Committee.

(d) The Director may propose a permanent rule on the same subject at the same time that the Board of Psychological Examiners adopts a temporary rule.

(e) The Director’s powers granted pursuant to this section and any temporary rules adopted pursuant to this section shall be in effective only until either July 1, 2033, or when the Board of Psychological Examiners adopts permanent rules regarding psychologist licensure educational requirements, whichever occurs first.

* * * Effective Date * * * Sec.

15.

EFFECTIVE DATE This act shall take effect on passage.

* * * General Powers * * * Sec.

1.

3 V.S.A.

§ 123 is amended to read:

§ 123.

DUTIES OF OFFICE (a) The Office shall provide administrative, secretarial, financial, investigatory, inspection, and legal services to the boards.

The services provided by the Office shall include:

BILL AS PASSED BY THE HOUSE H.588 Page 27 of 58 * * * (2) Issuing, recording, renewing, and reinstating all licenses as ordered by the boards, an appellate officer, the Director, an administrative law officer, or a court.

(3) Revoking, rescinding, or suspending licenses as ordered by the boards, the Director, an administrative law officer, or a court.

VT LEG #388018 v.1 AS PASSED BY HOUSE H.588 Page 2 of 32 * * * Sec.

* * * BILL AS PASSED BY THE HOUSE H.588 Page 28 of 58 Sec.

and (3) if, within 30 days after the State either completes a withdrawal from any licensure compact described in Title 26 or other time in which a licensure VT LEG #388018 v.1 AS PASSED BY HOUSE H.588 Page 3 of 32 compact described in Title 26 becomes no longer binding on the State, the licensee does not apply for a license to practice in the State.

(C) The individual shall be provided an opportunity to have the rescission reviewed by either an administrative law officer or the relevant BILL AS PASSED BY THE HOUSE H.588 Page 29 of 58 board.

VT LEG #388018 v.1 AS PASSED BY HOUSE H.588 Page 4 of 32 however, the individual shall have the burden of proving the rescission is not merited.

The individual shall have 30 BILL AS PASSED BY THE HOUSE H.588 Page 30 of 58 days from when the Director’s notice was issued to indicate if the individual elects to have a hearing.

VT LEG #388018 v.1 AS PASSED BY HOUSE H.588 Page 5 of 32 (D) In the event of a hearing decision finding that the Director’s rescission of the individual’s license is merited, the individual shall be provided notice and the ability to appeal the Director’s rescission in accordance with section 130a of this title;

(d) Upon becoming aware of the State either withdrawing from any licensure compact described in Title 26 or when a licensure compact described BILL AS PASSED BY THE HOUSE H.588 Page 31 of 58 in Title 26 becomes no longer binding on the State, the Office of Professional Regulation shall notify as soon as practicable all affected licensees practicing in the State.

DISCIPLINARY ACTION TO BE REPORTED TO THE OFFICE (a)(1) Any hospital, clinic, community mental health center, or other health care institution in which a licensee performs professional services shall report to the Office, along with supporting information and evidence, any disciplinary VT LEG #388018 v.1 AS PASSED BY HOUSE H.588 Page 6 of 32 action taken by it or its staff that limits or conditions the licensee’s privilege to practice or leads to suspension or expulsion from the institution.

BILL AS PASSED BY THE HOUSE H.588 Page 32 of 58 (F) an action to expel the licensee from an institution;

When that conduct is by an applicant or person who later becomes an applicant, it may constitute grounds VT LEG #388018 v.1 AS PASSED BY HOUSE H.588 Page 7 of 32 for denial of a license or other disciplinary action.

* * * (g) Notwithstanding the provisions of this section or any other law to the contrary, a licensee may, pursuant to rules adopted by the Director, enter into a program serving as an alternative to the disciplinary process for regulated BILL AS PASSED BY THE HOUSE H.588 Page 33 of 58 professionals with substance use disorders or other professional practice issues as designated by the boards or Director.

Vacancies VT LEG #388018 v.1 AS PASSED BY HOUSE H.588 Page 8 of 32 created other than by expiration of a term shall be filled in the same manner that the initial appointment was made for the unexpired portion of the term.

* * * BILL AS PASSED BY THE HOUSE H.588 Page 34 of 58 Sec.

* * * VT LEG #388018 v.1 AS PASSED BY HOUSE H.588 Page 9 of 32 (11) “Principal place of business” means the office location designated by the licensee for the purposes of substantial equivalency mobility and reciprocity.

BILL AS PASSED BY THE HOUSE H.588 Page 35 of 58 (2) who completes any one of the following requirements for education and experience:

(B) 150 or more semester hours of college credit at a college or university recognized by the Board, including a baccalaureate degree and a minimum of 42 semester hours of accounting, auditing, and related subjects as the Board determines to be appropriate, and one year of experience in public accounting, meeting the requirements prescribed by Board rule or other VT LEG #388018 v.1 AS PASSED BY HOUSE H.588 Page 10 of 32 experience or employment that the Board in its discretion considers substantially equivalent;

BILL AS PASSED BY THE HOUSE H.588 Page 36 of 58 (b) The Board shall administer an examination using a nationally recognized uniform certified public accountants’ examination and advisory grading service.

SUBSTANTIAL EQUIVALENCY MOBILITY (a) An individual whose principal place of business is not in this State shall be presumed to have qualifications substantially equivalent to this State’s VT LEG #388018 v.1 AS PASSED BY HOUSE H.588 Page 11 of 32 requirements and shall have the privileges of licensure of this State, without the need to obtain a license under section 72b of this title, if the individual:

or and (2) holds a valid license as a certified public accountant from any state, and the individual obtains verification from the NASBA National Qualification Appraisal Service that the individual’s qualifications are substantially equivalent to the licensure requirements of the AICPA/NASBA Uniform BILL AS PASSED BY THE HOUSE H.588 Page 37 of 58 Accountancy Act.

(B) 150 or more semester hours of college credit at a college or university, including a baccalaureate degree and a minimum of 42 semester VT LEG #388018 v.1 AS PASSED BY HOUSE H.588 Page 12 of 32 hours of accounting, auditing, and related subjects, and one year of experience in public accounting;

* * * (g) An individual whose principal place of business is not in this State, who holds a valid active license as a certified public accountant from any state, and who, as of December 31, 2024, had practice privileges in this State under this section shall continue to have all the privileges of licensees in this State BILL AS PASSED BY THE HOUSE H.588 Page 38 of 58 without the need to obtain a license under section 71a of this title, pursuant to all other requirements of this chapter.

and VT LEG #388018 v.1 AS PASSED BY HOUSE H.588 Page 13 of 32 (2) under the general supervision of a dentist who is fully licensed in good standing.

(2) hold a dental degree sufficient for licensure by examination under sectionsection 601 601 of this title;

BILL AS PASSED BY THE HOUSE H.588 Page 39 of 58 (c) Specialties unavailable.

and VT LEG #388018 v.1 AS PASSED BY HOUSE H.588 Page 14 of 32 (2) continue to be a full-time dental instructor of an accredited dental program.

§§ 662 662 is amended to read:

(1) Application (A) Dentist $285.00 (B) Limited academic dentist $0.00 (C) Dental therapist $215.00 BILL AS PASSED BY THE HOUSE H.588 Page 40 of 58 (C)(D) Dental hygienist $200.00 (D)(E) Dental assistant $80.00 (2) Biennial renewal (A) Dentist $655.00 (B) Limited academic dentist $0.00 (C) Dental therapist $310.00 (C)(D) Dental hygienist $245.00 (D)(E) Dental assistant $105.00 (b) The licensing fee for a dentist, dental therapist, or dental hygienist or the registration fee for a dental assistant who is otherwise eligible for licensure or registration and whose practice in this State will be limited to providing pro VT LEG #388018 v.1 AS PASSED BY HOUSE H.588 Page 15 of 32 bono services at a free or reduced-fee clinic or similar setting approved by the Board shall be waived.

* * * BILL AS PASSED BY THE HOUSE H.588 Page 41 of 58 (6) “Practice of funeral service” means arranging, directing, or providing for the care, preparation, or disposition of dead human bodies for a fee or other compensation.

and VT LEG #388018 v.1 AS PASSED BY HOUSE H.588 Page 16 of 32 (F) holding oneself out to be a licensed funeral director by using the words or terms “funeral director,” “mortician,” “undertaker,” or any other words, terms, title, or picture that, when considered in context, would imply that such person is engaged in the practice of funeral service or is a licensed funeral director;

* * * BILL AS PASSED BY THE HOUSE H.588 Page 42 of 58 (c) Notwithstanding this section, owners of a disposition facility and their personnel may engage in the listed activities in subdivision (a)(6) of this section only to the extent such functions are necessary to the performance of their duties.

and VT LEG #388018 v.1 AS PASSED BY HOUSE H.588 Page 17 of 32 (4) secure and file certificates, permits, forms, or other documents.

and BILL AS PASSED BY THE HOUSE H.588 Page 43 of 58 (3)(2) a current collaborative provider agreement if required for transition to practice.

* * * VT LEG #388018 v.1 AS PASSED BY HOUSE H.588 Page 18 of 32 (2) State protocol.

* * * BILL AS PASSED BY THE HOUSE H.588 Page 44 of 58 (x) emergency prescribing of albuterol or glucagon while contemporaneously contacting emergency services;

and VT LEG #388018 v.1 AS PASSED BY HOUSE H.588 Page 19 of 32 (xii) tests waived under 42 C.F.R.

TEMPORARY PSYCHOLOGIST LICENSURE EDUCATIONAL SUPPLEMENTATION BILL AS PASSED BY THE HOUSE H.588 Page 45 of 58 (a) Notwithstanding the provisions of 26 V.S.A.

§§ 3011a(a)(2), 3011a(a)(2), for the licensing of psychologists.

(c) The Director’s powers granted pursuant to this section and any temporary policies adopted pursuant to this section shall be in effect only until either July 1, 2029, or when the Board of Psychological Examiners adopts permanent rules regarding supplementation of a master’s or doctoral degree, VT LEG #388018 v.1 AS PASSED BY HOUSE H.588 Page 20 of 32 pursuant to 26 V.S.A.

§§ 3011a(a)(2), 3011a(a)(2), for the licensing of psychologists, whichever occurs first.

§§ 3011a(a)(2), 3011a(a)(2), for the licensing of psychologists.

BILL AS PASSED BY THE HOUSE H.588 Page 46 of 58 * * * Midwives * * * Sec.

VT LEG #388018 v.1 AS PASSED BY HOUSE H.588 Page 21 of 32 (3) Members of the Committee shall be entitled to compensation at the rate provided in 32 V.S.A.

* * * BILL AS PASSED BY THE HOUSE H.588 Page 47 of 58 § 4187.

VT LEG #388018 v.1 AS PASSED BY HOUSE H.588 Page 22 of 32 (2) Upon receipt of the completed form and of the renewal fee, the Director shall issue a renewal license to applicants who qualify under this section.

BILL AS PASSED BY THE HOUSE H.588 Page 48 of 58 (b) The Director shall renew a license that has lapsed for a period of three years or less upon receipt of the renewal fee and late renewal penalty, the reinstatement fee, and an application for renewal that shows that the person still meets the eligibility requirements of this chapter and that all the requirements for renewal, including continuing education, have been satisfied.

Sunrise Report * * * VT LEG #388018 v.1 AS PASSED BY HOUSE H.588 Page 23 of 32 Sec.

SPEECH-LANGUAGE PATHOLOGIST ASSISTANTS On or before November 15, 2026, the Office of Professional Regulation, in consultation with interested stakeholders, shall submit to the House Committee on Government Operations and Military Affairs and the Senate Committee on BILL AS PASSED BY THE HOUSE H.588 Page 49 of 58 Government Operations a written report, in accordance with 26 V.S.A.

or VT LEG #388018 v.1 AS PASSED BY HOUSE H.588 Page 24 of 32 (ii)(B) that represents itself to the public by any title or description of services incorporating the words “touch professional,” “bodywork,” “massage,” “massage therapy,” “massage therapist,” “massage practitioner,” “massagist,” “masseur,” “masseuse,” “energy work,” or other words identified by the Director in rules.

BILL AS PASSED BY THE HOUSE H.588 Page 50 of 58 (B) A “place of business” includes any office, clinic, facility, salon, spa, or other location not otherwise exempted under section 5404 of this chapter where a person or persons engage in the practice of massage or the practice of bodywork.

VT LEG #388018 v.1 AS PASSED BY HOUSE H.588 Page 25 of 32 (1) so long as prior to engaging in that practice at that location, the registrant massage therapist and his or her the client agree in advance that the location is acceptable;

BILL AS PASSED BY THE HOUSE H.588 Page 51 of 58 (d) Establishment registration is not required for a location where the practice of massage or the practice of bodywork is provided solely by:

VT LEG #388018 v.1 AS PASSED BY HOUSE H.588 Page 26 of 32 (A) the registrations of employed or contracted massage therapists, bodyworkers, or touch professionals at an establishment;

BILL AS PASSED BY THE HOUSE H.588 Page 52 of 58 (3) The rules described in this subsection shall include provisions relating to the manner in which the information disclosed shall be distributed or displayed and a requirement that a massage therapist, bodyworker, or touch professional and his or her the client sign an acknowledgement that the information was disclosed.

The operation of an establishment without registration shall constitute unauthorized practice under 3 V.S.A.

VT LEG #388018 v.1 AS PASSED BY HOUSE H.588 Page 27 of 32 (b) An establishment is responsible for ensuring its lawful operation, regardless of whether the establishment’s owner is on-site or has personal knowledge of its operations.

The Office may prosecute an establishment for BILL AS PASSED BY THE HOUSE H.588 Page 53 of 58 unprofessional conduct or unauthorized practice occurring at the establishment.

The Director may require an establishment to undergo VT LEG #388018 v.1 AS PASSED BY HOUSE H.588 Page 28 of 32 inspection prior to registration.

BILL AS PASSED BY THE HOUSE H.588 Page 54 of 58 * * * § 5425.

VT LEG #388018 v.1 AS PASSED BY HOUSE H.588 Page 29 of 32 (2) engaging in a sexual act with a client in sexual conduct as defined in 13 V.S.A.

BILL AS PASSED BY THE HOUSE H.588 Page 55 of 58 (A) at an establishment;

FEES * * * VT LEG #388018 v.1 AS PASSED BY HOUSE H.588 Page 30 of 32 (b) Unless otherwise provided by law, the following fees shall apply to all professions regulated by the Director in consultation with advisor appointees under Title 26:

BILL AS PASSED BY THE HOUSE H.588 Page 56 of 58 * * * (D) Massage therapist, bodyworker, or touch professional, $90.00.

(E) Massage establishment qualifying for a reduced fee under 2626 V.S.A. V.S.A.

* * * (Y) Massage establishment qualifying for a reduced fee under 2626 V.S.A. V.S.A.

VT LEG #388018 v.1 AS PASSED BY HOUSE H.588 Page 31 of 32 (7) Annual renewal for appraisal management company registration, $345.00.

BILL AS PASSED BY THE HOUSE H.588 Page 57 of 58 (11) Disciplinary action surcharge, $250.00.

VT LEG #388018 v.1 AS PASSED BY HOUSE H.588 Page 32 of 32 (5) 18 V.S.A.

BILL AS PASSED BY THE HOUSE H.588 Page 58 of 58 (8) 18 V.S.A.

§§ 2638) 2638) shall take effect on December 1, 2026.

VT LEG #388018 v.1