No. 163. an Act Relating to the Regulation of Professions and Occupations

NO. 163Page 1

NO. 163. AN ACT RELATING TO THE REGULATION OF PROFESSIONS AND OCCUPATIONS.

(H.870)

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

* * *Office of Professional Regulation* * *

Sec. 1. 3 V.S.A. §123(c) is amended to read:

(c) The director may purchase examination materials and contract with examination providers to administer examinations.

Sec. 2. 3 V.S.A. § 124(b) is amended to read:

(b) Professions regulated by the director in consultation with advisor appointees and, in fiscal year 2000, the boxing control board shall share the cost of regulating those professions.

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

§ 129. POWERS OF BOARDS; DISCIPLINE PROCESS

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(c) A board may assign one or more members of the board to investigate complaints and license applications. These members shall have the assistance of an investigator for the office and an attorney assigned by the office of professional regulation who shall be responsible for prosecuting disciplinary and licensing cases before the board. In the case of professions which have advisor appointees, the secretary may designate one or more of the advisor appointees or other licensed or certified members of the profession to assist in the investigation. While acting in this capacity, a board member or advisor appointee shall not sit in adjudication of the case and shall not participate in ex parte communications with other board members regarding the case. A board member whose term of office expires while an investigation is pending may continue through the completion of the case.When a board is unable to assign one or more members to investigate complaints or license applications by reason of disqualification, resignation, vacancy or necessary absence, the secretary of state may, at the request of the board, appoint ad hoc members to serve on the board for investigation of that matter only. Ad hoc members shall have the same qualifications as required by law for the absent members.

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(e) When a board or the director, in the case of professions which have advisor appointees, intends to deny an application for a license, the board or director shall send the applicant written notice of the decision by certified mail. The notice shall include a statement of the reasons for the action and shall advise the applicant that the applicant may file a petitionwithin 30 days of the date on which the notice is mailed with the board or the director for review of its or his or herpreliminary decision within 30 days of the date on which the notice is mailed. At the hearing, the applicant shall bear the burden of proving that the preliminary denial should be reversed and that the license should be granted. After the hearing, the board or director shall affirm or reverse the preliminary denial, explaining the reasons therefor in writing.

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* * *Pharmacy* * *

Sec. 4. 18 V.S.A. § 4064(a)(2)(D) is amended to read:

(D) the serial number and originalthedate of dispensing of the prescriptionthe prescription was filled;

Sec. 5. 18 V.S.A. § 4215 is amended to read:

§ 4215. Authorized sales by pharmacists

(a) A duly licensed pharmacist, in good faith and in the course of hisprofession onlyprofessional practice, may sell and dispense regulated drugs to any person upon a written prescription or oral prescription which is reduced promptly to writing by the pharmacist, of a licensed physician, dentist or veterinarian,by an individual authorized by law to prescribe and administer prescription drugs in the course of professional practice. The written prescription shall bedated and signed by the person prescribing or, if an oral prescription by the pharmacist ofon the day when written, and bearing the full name and addressdate of birth of the patient for whom or of the owner of the animal for which the drug is dispensedprescribed, and the full name, address, and registry number of the person prescribing, if he is required by those laws to be so registered. If the prescription beisfor an animal, itthe prescription shall state the species of animal for which the drug is prescribedand the full name and address of the owner of the animal. A prescription shall not be refilled unless refilling is authorized by the practitioner on the original prescription or by the original oral order.

(b) The pharmacist filling thea schedule II prescription shall write the date of filingfilling and histhe pharmacist’s own signature on the face of the prescription. The prescription shall be retained in a file separately maintained for each class of regulated drug by the proprietor of the pharmacy in which it is filled for a period of three years, so as to be readily accessible for inspection by a federal or state officer or employee engaged in the enforcement of the federal drug laws or of this chapter. The prescription shall not be refilled unless the refilling is authorized by the practitioner in the original prescription or by oral order which is reduced promptly to writing and filed as in the case of an oral prescription. Pharmacists shall be subject to the requirements of 21 U.S.C. chapter 13. Notwithstanding the foregoing, no prescription for any depressant or stimulant druga schedule II drug written without a future fill date may be filled more than two weeks or refilled more than six months after the date on which such prescription was initially issued and no such prescription which is authorized to be refilled may be refilled more than five times30 days after the date the prescription was issued. No prescription for a schedule II drug written to be filled at a future date may be filled more than 90 days after the date the prescription was issued. A physician who dispenses regulated drugs as part of his regular fee or for an additional fee shall be consideredsubject to the same requirements as a pharmacist for the purposes of this section.

(c) The legal owner of any stock of regulated drugs, upon discontinuance of dealing in such drugs, shall promptly sell such drugs to a manufacturer, wholesaler, or pharmacist, but only on an official written order.

* * *Accountants* * *

Sec. 6. 26 V.S.A. § 71a is amended to read:

§ 71a. LICENSE BY EXAMINATION

(a) A license as a "certified public accountant" shall be granted by the board to any person:

(1) who is of good character;

(2) who completes:

(A)(i) 120 or more semester hours of college credit at a college or university recognized by the board, including a minimum of 30 semester hours of accounting, auditing and related subjects as the board determines to be appropriate, and two years of experience in public accounting, meeting the requirements prescribed by board rule or other experience or employment which the board in its discretion considers substantially equivalent; or

(ii) Abaccalaureate degree, including a minimum of 30 semester hours of accounting, auditing, and related subjects as the board determines to be appropriate, and two years of experience in public accounting, and meets the requirements prescribed by board by rule, or has other experience or employment, which the board in its discretion considers substantially equivalent; or

(iii) 150 or more semester hours of college credit at a college or university recognized by the board, including 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 experience or employment which the board in its discretion considers substantially equivalent; and

(B) who has passed the examination required under subsection (b) of this section.

(b) Examinations shall be held by the board, and the board shall useThe board shall administer an examination usinga nationally recognized uniform certified public accountants' examination and advisory grading service. An applicant who has yet to earn a baccalaureate degree may sit for the examination if he or she has met the requirements of subdivision (a)(2)(A)(i) or (iii) of this section.

(c) Beginning July 1, 2009, an applicant for licensure under subdivision (a)(2)(A)(i) or (iii) of this section shall have a baccalaureate degree from an institution recognized by the board.

* * * Barbers and Cosmetologists * * *

Sec. 6a. 26 V.S.A. § 273 is amended to read:

§ 273. EXEMPTIONS

The provisions of this chapter regulating barbers and cosmetologists shall not:

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(3) prohibit a licensee from providing barbering or cosmetology services outside a licensed shop so long as those services are limited to only:

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(C) persons as part of a special occasion event so long as those services are limited to hair styling and makeup and the sanitation standards expected of licensees in licensed shops are followed;

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Sec. 7. 26 V.S.A. § 278 is amended to read:

§ 278. QUALIFICATIONS; COSMETOLOGIST

A person shall be eligible for licensure as a cosmetologist if the person is at least 18 years of age, has a high school or general educational development diploma, and has satisfactorily completed the following:

(1) a course of study of at least 1,500 hours at a school of cosmetology approved by an accrediting body recognized by the United States Department of Education or approved by the board under standards that the board has adopted by ruleand passage of the examination described in section 283 of this title; or

(2) an apprenticeship of not less than 12 months and not more than 36 months consisting of not less than 2,000 hours and a maximum of 3,000 hours in a manner prescribed by the board in addition to courses, as prescribed by the board by rule, and has passedpassage of the examination described in section 283 of this title.

Sec. 8. 26 V.S.A. § 289 is amended to read:

§ 289. LICENSURE BY ENDORSEMENT

The board may issue a license to an individual who is currently licensed or certified in another jurisdiction in good standing, provided the individual has been in active practice for at least three years immediately preceding application or has 2,000 documented hours of practice in not less than one year.

Sec. 8a. 26 V.S.A. § 378 is added to read:

§ 378. LIMITED TEMPORARY LICENSES

(a) Notwithstanding section 371 of this title, the board may grant an applicant a limited temporary license to practice podiatry for a period of up to 54 weeks if the applicant:

(1) furnishes the board with satisfactory proof that he or she has attained the age of majority;

(2) has received a diploma or certificate of graduation from an accredited school of podiatric medicine approved by the board;

(3) has been appointed as an intern, resident, fellow, or medical officer in a licensed hospital or in a clinic which is affiliated with a licensed hospital, or in a hospital or an institution maintained by the state, or in a clinic or an outpatient clinic affiliated with or maintained by the state; and

(4) pays the fee set forth in subdivision 1401a(a)(3) of this title.

(b) A limited temporary license may be renewed upon payment of the fee set forth in subdivision 1401a(a)(3) of this title for the period of the applicant’s postgraduate training, internship, or fellowship program.

(c) A limited temporary license shall entitle the applicant to practice podiatry only in the hospital or other institution designated on his or her certificate of limited temporary license and in clinics operated by or affiliated with that designated hospital or institution and only if the applicant is under the direct supervision and control of a licensed podiatrist. The licensed podiatrist shall be legally responsible and liable for all negligent or wrongful acts or omissions of the limited temporary licensee and shall file with the board the name and address both of himself or herself and of the limited temporary licensee and the name of the hospital or other institution.

(d) A limited temporary license shall be revoked upon the death or legal incompetency of the supervising licensed podiatrist or, upon 10 days’ written notice, by withdrawal of his or her filing by the supervising licensed podiatrist. A limited temporary licensee shall at all times exercise the same standard of care and skill as a licensed podiatrist. Termination of appointment as intern, resident, fellow, or medical officer of a designated hospital or institution shall operate as a revocation of a limited temporary license.

* * *Dentists and Dental Hygienists* * *

Sec. 9. 26 V.S.A. § 854(a) is amended to read:

(a) A hygienist may perform duties for which the hygienist has been qualified by successful completion of the normal curriculum offered by schools of dental hygiene accredited by the American Dental Association or in continuing education courses approved by the board of dental examiners. A hygienist may perform tasks in the office of any licensed dentist, consistent with the rules adopted by the board under section 767 of this title, and in. In public or private schools or public or private institutions, a hygienist with no less than three years of experience may perform tasks under the general supervision of a licensed dentist or other dentist approved for this purpose by the board of dental examinerswith no less than three years of experience as prescribed in guidelines adopted by the board by rule.

Sec. 9a. 26 V.S.A. § 996(e) is amended to read:

(e) In addition to the provisions of subsection (a) of this section, an applicant for renewal shall have satisfactorily completed continuing education as required by the board. For purposes of this subsection, the board shall require, by rule, not less than six nor more than ten hours of approved continuing education as a condition of renewal. A licensee who is licensed as a funeral director shall only be required to complete continuing education requirements for a funeral director and not those for an embalmer.

* * * Professional Engineers * * *

Sec. 10. 26 V.S.A. § 1171 is amended to read:

§ 1171. BOARD OF PROFESSIONAL ENGINEERING

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(d) Members shall be appointed for three-year terms by the governor, with the advice and consent of the senate. The governor shall request nominations from the various state engineering societies, and may request nominations from other sources, but shall not be bound to select members from among the persons nominated.

(e) Vacancies may be filled in the same manner that initial appointments are made.

(f), (g) [Deleted.]

* * *Nursing* * *

Sec. 11. 26 V.S.A. § 1573(a) is amended to read:

(a) There is hereby created a Vermont state board of nursing consisting of five registered nurses, including at least one endorsed as an advanced practice registered nurse, two practical nurses, one nursing assistant, and two public members. Board members shall be appointed by the governor pursuant to sections 129b and 2004 of Title 3.

* * *Pharmacists* * *

Sec. 12. 26 V.S.A. § 2022(15) is amended to read:

(15) “Practitioner” shall mean a physician, dentist, nurse, veterinarian, scientific investigator, or other person (other than pharmacists) licensed by this state or adjoining states or the province of Quebecan individual authorized by the laws of the United States or its jurisdictions or the Province of Quebec to prescribe and administer prescription drugs in the course of his or her professional practice and permitted by such licensethat authorizationto dispense, conduct research with respect to, or administer drugs in the course of his or herprofessional practice or research in theirhis or herrespective state or province.

Sec. 13. 26 V.S.A. § 2032 is amended to read:

§ 2032. POWERS, DUTIES, LIMITATIONS

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(e) With the approval of the board, the director of the office of professional regulation may employ or contract with persons as may be necessary to carry out the duties of the board.

(f) The board or its authorized representatives shall also have power to investigate and gather evidence concerning alleged violations of the provisions of this chapter or of the rules and regulations of the board. The board may take testimony under oath and may compel the attendance of witnesses and the production of tangible evidence by serving a subpoena.

(f)(g) The board may develop procedures to permit it to oversee, at no more than three locations and for no more than two years each in duration, pilot experiments for remote pharmacies. On December 1 of each year, the board shall report to the house and senate committees on government operations its findings with regard to pilot experiments initiated in the previous calendar year.

(g)(h) It shall be lawful for a drug outlet licensed under this chapter to sell and distribute nonprescription drugs. Drug outlets engaging in the sale and distribution of such items shall not be deemed to be improperly engaged in the practice of pharmacy. No rule or regulation will be adopted by the board under this chapter which shall require the sale of nonprescription drugs by a licensed pharmacist or under the supervision of a licensed pharmacist or otherwise apply to or interfere with the sale and distribution of such medicines.

* * *Physical Therapists and Physical Therapist Assistants* * *

Sec. 14. 26 V.S.A. § 2081a is amended to read:

§ 2081a. DEFINITIONS

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(1) “Assistive personnel” means physical therapist assistants and physical therapy aides and other trained or educated health care providers other than physical therapist assistantswho perform specific designated tasks related to physical therapy under the supervision of a physical therapist.

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(3) “Distance consultation” means the rendering of professional or expert opinion or advice to a licensed physical therapist, including the review or transfer of patient records or related information by means of audio, video, or data communications.

(4) “Physical therapist” means a person who has met all the conditions of this chapter and is licensed tofor thepractice ofphysical therapy in this state.

(4)(5) “Physical therapist assistant” means a person who has met the conditions of this chapter and is licensed to perform selectedphysical therapy proceduresinterventions and related tasks that have been selected and delegatedassigned by the supervising physical therapist.

(6) “Physical therapy” means the care and services provided by or under the direction and supervision of a physical therapist who is licensed pursuant to this chapter.

(5)(7) “Physical therapy aide” means a person, trained under the direction of a physical therapist, who performs designated and supervised routine physical therapy tasks.

(6)(8) “Practice of physical therapy” means the evaluation and treatment of any person by the employment of effective properties of physical measures and the use of therapeutic exercises and rehabilitative procedures, with or without assistive devices, for the purposes of preventing, correcting or alleviating a physical or mental disability. Physical therapy includes, but is not limited to, the performance of specialized tests, administration of specialized therapeutic procedures, development of treatment plans with licensed health care professionals acting within the scope of their practice and establishment and modification of physical therapy programs for patients.:

(A) examining, evaluating, and testing, inorder to determine a plan of care inclusive of appropriate therapeutic interventions and expected outcome and effect of the interventions ofindividuals with:

(i) mechanical, physiological, and developmental impairments;

(ii) functional limitations in physical movement and mobility;

(iii) disabilities; and

(iv) other movement-related conditions;

(B) alleviating impairments and functional limitations in physical movement and mobility and disabilities by developing, implementing, and modifying treatment interventions; or

(C) reducing the risk of injury, impairment, functional limitation, and disability related to physical movement and mobility, including the promotion and maintenance of fitness, health, and wellness related to movement and function.