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VERMONT SECRETARY OF STATE - Deborah L. Markowitz | |||||||
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The Office of Professional Regulation Has Moved
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phone number is (802) 828-1505. Our address is: Office of Professional
Regulation, National Life Bldg, North FL2, Montpelier, VT 05620-3402.
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Vermont Secretary of State
Office of Professional Regulation
Twenty-Second Annual Report on
Professional Licensing
Deborah L. Markowitz, Secretary of State
Jessica G. Porter, Director
November 2003
A note to the reader:
26 V.S.A. §3106(a) requires the Director of the Office of Professional Regulation
to prepare a concise report on the activities of all regulatory programs supported
by the Office. This is the Twenty-Second Annual Report, providing information
on regulatory programs for professions and occupations administered under the
Secretary of State and for the fiscal year ending June 30, 2003. Information
relating to specific professions can be accessed via our web page:
www.vtprofessionals.org
Comments and suggestions are welcome. Contact the Director at the Office of
Professional Regulation, c/o Secretary of State, 26 Terrace Street, Drawer 09,
Montpelier, Vermont 05609-1106, (802) 828-2363 or e-mail to
opr@sec.state.vt.us.
Director's Report
Statutory Changes Adopted in FY03 Legislative Session
Statutory Revisions Identified in FY03 for Consideration in FY04
Review of Specific Activity of Professions
Appendices:
Appendix A: Receipts & Expenditures by Profession
Appendix B: Licensees By Profession ii Appendix C: New License/Certification/Registration
Activity Data
Appendix D: Analysis of Complaint Activity vi Appendix E: Graph of Complaint
Activity
Appendix F: Roster of Board/Commission/Advisor Members
This report contains information regarding the following professions:
| Accountants Acupuncturists Architects Athletic Trainers Auctioneers Barbers & Cosmetologists Boxing Control Body Piercers Chiropractors Crematories Dentists, Hygienists, Assistants Dietitians Electrologists Professional Engineers Funeral Directors & Embalmers Hearing Aid Dispensers Land Surveyors Marriage & Family Therapists Clinical Mental Health Counselors Midwives, Licensed |
Motor Vehicle Racing Naturopaths Nurses - Registered, Practical, Advanced Practice Nursing Home Administrators Occupational Therapists Opticians Optometrists Osteopaths Pharmacists Physical Therapists Private Investigators & Security Guards Psychoanalysts Psychologists Psychotherapists, Non-licensed Radiologic Technologists Real Estate Appraisers Real Estate Brokers & Salespeople Social Workers, Clinical Tattooists Veterinarians |
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Director's Report Fiscal Year 2003 |
The Office made great strides in the information available on its web pages, found at: www.vtprofessionals.org. Currently you may find the laws and rules for all professions on the professions home page. In addition, almost every application and form that is printed in the Office is available. Our most recent accomplishment was placing the full text of all disciplinary actions taken since July 2000, thru today, on our web page.
We would like to acknowledge the dedication of Office staff who handle the daily work of processing initial license and renewal applications, administering examinations, answering questions from applicants and licensees, and providing staff support to licensing boards and advisors. Without their hard work, the Office could not function. These staff members are: Bob Ashford, Peggy Atkins, Loris Rollins, Judith Churchill, Vada Aucter, Diane Lafaille, Carla Preston, Trish Rouleau, Patty Sartelle, Kara Sanborn, and Pat Skinner.
It is also important to acknowledge those who volunteer their time in service as board members or advisors to the Director. Their contributions are critical to the success of Vermont's professional regulatory programs. The management and staff of OPR will continue efforts to improve professional regulation in Vermont.
Respectfully submitted,
Jessica G. Porter, Director
Office of Professional Regulation
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During the FY03 Legislative Session, a number of proposals for statutory changes were discussed with the House and Senate Committees on Government Operations as part of the Office's annual review of professional regulation programs. This year the following changes were made to:
Legislation affecting the Office or all professions:
3 V.S.A. §127 (b) permits for the first time prosecution of unauthorized practice complaints before licensing boards or administrative law judges. Civil penalties of up to $1000 may be imposed for each violation.
3 V.S.A. §129a adds the following to the list of unprofessional conduct violations:
-failing to retain client records for a period of seven years, unless laws specific to the profession allow for a shorter or longer retention periods.
-a requirement that all regulated professionals report within 30 days to the office a conviction of "any felony, or any offense related to the practice of the profession in any Vermont District Court, a Vermont Superior Court, or a court outside Vermont...."
-Administrative penalties, fines of up to $1,000.00 permitted for the first time in 2002, are to be deposited in the general fund. However, new legislation says that, "upon request [they] may be appropriated to the professional regulatory fee fund established in section 124 of title 32 for the purpose of providing education and training for board members and advisor appointees." 3 V.S.A. § 129a.(d)
-3 V.S.A. §131(g) permits disclosure of disciplinary complaints not only to state and local law enforcement agencies, but also to the Department of Aging and Disabilities, or the Department of Banking, Insurance, Securities, and Healthcare Administration in the course of their investigations, provided those agencies were departments agreed to maintain the confidentiality and privileged status of the information as provided in 3 V.S.A. §131 (d) of this section.
-20 V.S.A. §2358 (C) includes within the term "law-enforcement officer" the investigators employed by the Secretary of State, the Board of Medical Practice and investigators employed by the Department of Health. This change allows OPR investigators to be treated for personnel and benefits purposes the same as other law-enforcement officers within state government.
Sunrise fees study: the Secretary of State and Commissioner of finance are mandated to jointly study the costs associated with Sunrise provisions of the Office of Professional Regulation and to find appropriate ways to cover these costs. The report is to with the Legislature and the Secretary of Administration by November 1, 2003. This provision was inserted in place of an OPR request that sunrise applications be accompanied by substantial fees to reduce the burden on licensees whose fees fund the Office.
Director of the Office of Professional Regulation, Annual Report: The filing deadline has been changed to "prior to the commencement of each legislative session." The report will now be published on the OPR web site. The Office shall provide written copies to the House and Senate committees on government operations.
Legislation specific to the various OPR professions:
Chiropractic: 26 V.S.A. § 531amends the statute to grant the Board authority to approve or disapprove four-year schools of chiropractic for licensing purposes. It eliminates the specific 4,400 hour requirement for schooling programs.
Barbers and Cosmetologists: 26 V.S.A. § 289 amends their licensure by endorsement provisions to permit licensure by endorsement when the individual applicant has been an active practice for at least five years immediately preceding the application.
Optometry: 26 V.S.A. §1729(a) deletes subsection 1 and permits use of therapeutic drugs and removal of superficial foreign bodies if the applicant "meets the requirements of section 1715 of this chapter for licensure by examination or meets the requirements of section 1716 of this chapter for licensure by endorsement, and is authorized under the license of another jurisdiction to use pharmaceutical agents."
Pharmacy: 26 V.S.A. §2022 defines a pharmacy technician as an individual who performs tasks relative to dispensing, but only while assisting, and under the supervision and control of, a licensed pharmacist. 26 V.S.A. §2032 (a) grants the Board authority to adopt rules regulating pharmacy technicians. Other statutory amendments create a registry for pharmacy technician's with registration requirements. The statutes limit the functions of registered pharmacy technician to nondiscretionary tasks under strict practice limitations.
Veterinary: 26 V.S.A. §2404 is amended to provide immunity for veterinarians who assist humane officers or other health officers or law-enforcement officers in matters involving suspected cases of animal cruelty. It protects them when they inspect premises or order a quarantine pursuant to 20 V.S.A. §3682 or §3683.
Land Surveyors: 26 V.S.A. §2502 is amended to update the definition of land surveying to reflect changes in technology and practice. The new definition exempts current use maps or similar maps which are clearly not intended to indicate the legally authoritative location or demarcation of property boundaries... or licensed or qualified members of other professions or trades for performing duties incidental to those occupations.
Clinical Mental Health Counselors: Minor language changes for licensure by endorsement to permit licensure of applicants coming from states whose licensing requirements are "substantially equivalent" to those required by Vermont.
Real Estate Appraisers: 26 V.S.A. § 3319a adds to the requirement for supervising appraisers that the supervisor be in good standing. That means holding a current unrestricted license not having been subject to disciplinary action resulting in a finding of unprofessional conduct within the previous five years.
Marriage and Family Therapists: 26 V.S.A. § 4039 is amended to change the language for licensure by endorsement in the same manner it did for clinical mental health counselors, "substantially similar." The amendment deletes the waiver of the examination for applicants who had been engaged in the practice of marriage and family therapy for 10 or more years and completed a commission accredited graduate degree or postgraduate academic program and marriage and family therapy.
Unauthorized practice by unlicensed psychotherapists who are not rostered. 26 V.S.A. §4087 (c) created a special forgiveness period when the roster was created. This section is now repealed. Now unauthorized practice of psychotherapy may be prosecuted without the warning letter.
Tattooists and Body Piercers: 26 V.S.A. §4105 adds apprenticeship requirements.
Naturopathic Physicians: 26 V.S.A. § 4125 (C) changes "patient's safety" to "patient's care."
Athletic Trainers: 26 V.S.A. §4151 adds language to the definition of athletic injury. Adds language to the definition of athletic training and clarifies what athletic training may be applied. Other definitions are clarified by amendments to this section. Exemptions from the requirements of the athletic trainers statutes are expanded in sections one through four. Regulation is changed from certification to licensure, 26 V.S.A. §4154 (a), as are eligibility requirements. Provisions for licensure without examination are adopted as is temporary licensure. Other parts of the statute or amended to replace the word "certified" by the word "licensed."
Auctioneers: 26 V.S.A. § 4602 defines auction, auctioneer. The statute provides that no person shall provide services as an auctioneer unless the person is licensed in accordance with the provisions of that chapter. Exclusions are specified. Licensing prerequisites are defined.
Motor Vehicle Racing: 31 V.S.A. § 303 the definition
of motor vehicle was amended to include monster trucks, snow machines and demolition
derbies.
The Office has decided that since there were no pressing needs, there would be no Office bill submitted to the Legislature for the 2004 Legislative Session. However, there are two Sunrise applications that will be going before the Legislature in 2004. Respiratory Therapists and Landscape Architects. The Office supports the regulation of the respiratory therapists, but is opposing the necessity to regulate landscape architects. In addition, the Office completed a summer study ordered by the Legislature last year. That study was to determine whether we should expand the scope of practice to allow optometrists to administer certain eye medications. What follows is a brief summary of those reports, and studies.
Synopsis of the Sunrise Report for Regulation of Respiratory Therapists
Pursuant to 26 V.S.A. § 3105(d) and Part I of the Administrative Rules for procedure for Preliminary Sunrise Review Assessments by the Secretary of State's Office of Professional Regulation, the application for regulation of Respiratory Therapists was received by this Office on June 30, 2003. The purpose of this proceeding was to evaluate and report on the appropriateness of professional regulation of Respiratory Therapists in the state according to the statutory criteria provided by 26 V.S.A. § 3105(a), as required by 26 V.S.A. § 3105(d). Based upon the information provided by the applicant and gathered in the form of written and oral public comment the Office recommended the profession of Respiratory Therapy be regulated in the form of licensure because the level of risk posed by un-licensed or unregulated respiratory therapists is significant because they perform treatments which are at times both critical and invasive, exercising a great deal of discretion with minimal supervision. The application has met the standards and criteria set forth in 26 V.S.A. § 3105 and licensure would be in the best interest of the public. This full text of the report, and other sunrise reports, can be found at: http://vtprofessionals.org/downloads/sunrptdwn.html
Synopsis of the Sunrise Report for Regulation of Landscape Architects
Pursuant to 26 V.S.A. § 3105(d) and Part I of the Administrative
Rules for procedure for Preliminary Sunrise Review Assessments by the Secretary
of State's Office of Professional Regulation, the application for regulation
of Landscape Architects was received by this Office on July 1, 2003. The purpose
of this proceeding was to evaluate and report on the appropriateness of professional
regulation of Landscape Architects in the state according to the statutory criteria
provided by 26 V.S.A. § 3105(a), as required by 26 V.S.A. § 3105(d). The application,
supplemental materials, and testimony offered by the applicants, though voluminous
and detailed, do not establish that continuing to leave landscape architects
unregulated has caused harm to Vermonters. The full text of the report, and
other sunrise reports, can be found at: http://vtprofessionals.org/downloads/sunrptdwn.html
The Board of Public Accountancy finalized its rules which were in response to the overhaul of the accountancy statutes enacted on July 1, 2002. The Rules address all areas of the practice of public accountancy including definitions, prohibitions, qualifications for licensure, continuing education, firm registration and requirements, peer reviews and professional conduct.
The Board has been preparing for the implementation of the computer based test which will take place in April of 2004. The Rules cover procedures for both paper based testing and for computer based testing.
The Board prepared and sent a newsletter to all licensees along with their renewal notices. The newsletter outlined recent legislative changes, noted recent changes in policy concerning certified general accountants, updated licensees as to changes in staff at the Office of Professional Regulation, and so on. The Board finds its newsletter a great tool to make licensees aware of changes that affect their license and practice as a certified public accountant in Vermont.
The Acupuncture Advisors drafted rules to reflect the 2001 legislative changes that were made to their laws. Acupuncture Detoxification Technicians are now required to be certified. Adopted rules for Acupuncture Detoxification Technicians were adopted on May 24, 2003. The Advisors are now working on legislative changes to the acupuncture apprenticeship program.
The Allied Mental Health Practitioners (Marriage & Family Therapist, Mental Health Counselors, and Psychotherapists) continues to spend the majority of its time reviewing applications for licensure. During fiscal year 2003 the Board performed reviews of over one hundred applications. The Board also entered into Stipulations with two practitioners who had committed unprofessional conduct, imposing sanctions commensurate with the conduct. The Board has begun a comprehensive review of its rules including licensing requirements.
The Board of Architects continues to review its requirements for licensure and seeks to standardize the process for applicants. It is pleased that the Department of Labor & Industry now requires a licensed architect to sign off on drawings.
The Board continues to deal with allegations of unauthorized practice. The Board is hopeful that the ability to impose a civil penalty on an individual will help prevent this in the future.
The Board performed its first audit of continuing education credits and found most licensees to be in compliance.
The Athletic Trainers have been working on revision of the rules. The majority of the changes come in response to legislative amendments changing regulation from certification to licensure.
The Auctioneers Advisors have been working on adopting their first rules, in response to legislative amendments changing regulation from under the Secretary of State to the advisor system. The new rules will reflect the requirements that applicants either complete an apprenticeship program or attend an auctioneer school in order to obtain an auctioneer license.
The Board of Barbers & Cosmetologists has spent considerable time drafting changes to its rules which were in response to legislative changes that went into effect on July 1, 2002. Due to many changes in technology and procedures which include microdermabraison and the use of lasers, the Board has added several definitions and further clarified qualifications.
The Board continues to deal with allegations of unauthorized practice, particularly with manicurists. The Board is hopeful that the ability to impose a civil penalty on an individual will help prevent this in the future.
The Board plans to send a newsletter to all licensees along with their renewal notices.
The Boxing Control Advisors have been reviewing and revising the rules governing professional boxing. The advisors have been reviewing and discussing the issues surrounding tough man competitions and whether or not the commission should be regulating these competitions.
The Board of Chiropractic Physicians modified their web page to include a composite of some of the issues that may result in the filling of a complaint against a practitioner. The list was not meant to cover every possible scenario, but to help practitioners avoid common pitfalls that result in a complaint, and/or disciplinary action. The Board adopted a Policy regarding reinstatement of lapsed licenses. The policy allows practitioners whose licenses have lapsed for more than three years, but who have been practicing in another state, to apply by endorsement to reinstate the license. Previously they would have had to complete a new application and be examined.
The Crematory Advisors created administrative rules to implement the legislative requirements that crematory establishments be licensed and inspected. The rules went into effect August 15, 2003.
The Board of Dental Examiners took disciplinary action against a dentist and fined him $1,000.00 for allowing a non registered assistant to practice in his employ. In addition, the non registered assistant, upon issuance of her registration, was fined $250.00 for practicing without first being registered by the Board.
An increase in expenses, due primarily to an increased number of investigations and higher legal costs, has created a financial situation where the Board will need to assess higher registration and licensure fees in the future. The Office worked hard with the legislature to obtain authorization for the fee increase, approved by the Dental Board, to occur before the renewal date. Unfortunately, the legislative action did not occur, for reasons unrelated to the merit of the dental fee bill, and these renewals were set at the old rate.
The Board now offers the Jurisprudence Exams on-line. This eliminates the burden for dentists and hygienists, applying for licensure in Vermont, to make a trip to Montpelier to take the exam. The on-line test contains revised questions and can be taken anywhere that you connect to the Internet. The added expense of coming to Montpelier to take the exam is therefore eliminated.
The Board compiled a list of some of the issues that may result in the filing of a complaint against a practitioner. The list is not meant to cover every possible scenario, but to help practitioners avoid common pitfalls that result in a complaint, and/or disciplinary action. That documents may be found on the Board's web page: http://vtprofessionals.org/opr1/dentists/
The Dietitians Advisors have been discussing proposed changes to the rules. The legislation that would allow applicants to receive a temporary license went into affect on July 1, 2002.
The Electrologist Advisors worked on proposed rules that had not been done since the law was passed. Adopted rules will take effect on September 26, 2003.
The Board of Professional Engineering has been very busy this year reviewing applications for the "Designer License" available to Civil, Environmental, Sanitary and Agricultural engineers. It is required after July 1, 2003 to design waste water systems. They developed policies to cover this licensing procedure to implement the Agency of Natural Resource rules. The Board's normal work load included review of a large number of applicants to take the examinations for licensure. The Board, Civil Engineer Lance Llewellyn completed his time on the Board and was replaced by Michael Quaid, a Civil Engineer from Williston. Thanks to Lance for many years of service to the Board.
The Funeral Service Board spent considerable time revising and adopting new rules to reflect changes in legislation. Primary changes included the licensing of removal personnel, improving definitions, as well as administrative changes for clarification of the rules. The Board welcomed new public member Stephen Russell from Hinesburg, Vermont filling a vacant position. John Coffin attended the International Conference of Funeral Service Examination Boards annual conference.
The Hearing Aid Dispensers Advisors are still reviewing their laws and rules prior to making statutory changes that would more adequately protect the public and set clearer and stronger guidelines for hearing aid dispensers.
The Board of Land Surveyors succeeded this year to have the Legislature pass an updated and revised definition for Land Surveying in Vermont. This culminated many years of work by the Board to improve the definition. The Board held two workshops this year. The first developed a test question bank for the state examination, while the second workshop concentrated on reviewing the process that applicants go through to gain experience prior to licensing. This will be an ongoing item for discussion. Bob Krebs, a former Board member, served as the National President of the National Council of Examiners for Engineering and Surveying. This has put Vermont in the leadership role of the organization. Congratulations to Bob for his outstanding work.
The Licensed Midwives are working on revising forms that will be used by midwives. These forms include a peer review form to be used by midwives and a form to compile data on births performed by midwives.
The Motor Vehicle Racing Commission is working on proposed rules to reflect the 2003 legislative changes that were made to their laws. The Commission has been inspecting racing facilities and fairs to insure that the public is being protected. The Commission has met with individuals to discuss the new legislative changes and how to best implement the changes to protect the public.
The Naturopathic Physicians Advisors worked on draft rules to parallel the statutory changes that went into effect on July 1, 2002. These changes defined naturopathic childbirth and also outlined guidelines for rules relating to a special license endorsement to practice naturopathic childbirth. The adopted rules went into effect on September 1, 2003. The Advisors are also working with the Health Department to revise the formulary for Naturopathic Physicians.
The Board of Nursing has completed revisions of the Administrative Rules with the intent that the new rules will be effective in 2004. The rules will define an alternative program for chemical dependent nurses and nursing assistants. It will also allow for student nurses to work a LNAs on a 90 day permit until the results of their examinations are known; and to retake the NCLEX examination after a 45 day interim. Other changes in the rules include updating the criteria for nursing school approval and increasing the curricular hours for nursing assistants.
The Board published Advisory Opinions on nurses working in positions other than that for which they are licensed; telephone triaging in border states; consents for blood transfusions; and nurse requirements for blood drives. The Board also reaffirmed its position on mandated continued education.
The Board of Nursing in cooperation with the Office of Nursing Workforce survey RNs, LPNs, LNAs, for the purpose of analyzing nursing employment data.
Disciplinary action absorbed the majority of the Board's time and effort. In the fiscal year 190 actions were taken by the Board. Of this number 33 were RNs, 2 ARPNs, 21 LPNs, and 42 LNAs. 69 cases were closed with no discipline and 23 cases were actions to modify stipulations of monitored licensees.
There has been a vast increase in foreign applications over the last 3 years. In 2000-2001 there were 139 total exam applicants; in 2002-2003 that number has increased to 508. The student enrollments in domestic programs have actually decreased within this time frame.
The Board of Examiners of Nursing Home Administrators met twice in this fiscal year. The Board is responsible for regulating the practice of Nursing Home Administrators, the administering of the state examination, and the approval of continuing educational credits. Disciplinary complaints have been reduced to approximately 1-2 per year.
The Occupational Therapists have been working on revision of the rules. The majority of the changes come in response to legislative amendments changing regulation from certification to licensure. Other changes reflect the review and update of all rules including supervision standards and continuing competency.
The Board of Opticians worked with the Board of Optometry to ensure that well trained, qualified persons are in the workplace. Individuals who work under the supervision of a licensed optometrist do not need to be licensed as an optician even though they are performing similar duties. As an apprentice optician, these individuals may earn hours toward licensure as an optician. The Board of Optometry agreed to send out a Bulletin outlining the process and benefits of having their employees licensed. Several people have applied as apprentice opticians.
The Board of Optometry proposed legislation to expand the scope of practice of optometry but it was not acted on. The Legislature requested the Secretary of State to conduct an independent evaluation of the merits of the proposed legislation. The Board plans to continue its efforts to expand the scope with regard to diagnoses and treatment.
The Board worked with the Board of Opticians to ensure that well trained, qualified persons are in the workplace. The Board sent out a bulletin to optometrists to inform their employees that they may be eligible for an apprentice program and to become licensed as an optician. Once licensed as an Optician, they could perform their duties when the licensed optometrist is not present.
The Board also added new drugs to its formulary.
The Board of Osteopathic Physicians & Surgeons has asked the Allopathic Board to join its efforts concerning the number of people without health insurance or who are under insured. The Board has drafted a resolution to be submitted to the Federation of State Medial Boards which requests that the FSMB establish a committee to study the need to have a formal position statement with regard to health care reform. If determined necessary, the FSMB should state its recommendations which should include provisions for a federally funded national system to insure access to physicians and other health care providers to all citizens.
The Board of Pharmacy completed the rule making process after several years of drafting. The Rules are a complete re-write, include many more definitions, and encompass new technologies and procedures.
The Board participates with the National Association of Boards of Pharmacy's quarterly newsletter where it kept licensees apprized of pending legislation to require the registration of pharmacy interns and the status of the draft and proposed rules. The newsletter also included a question and answer section, updated licensees as to changes in staff at the Office of Professional Regulation among other items. The Board finds its newsletter a great tool to make licensees aware of changes that affect their license and the practice of pharmacy in Vermont.
The Board continues to deal with the legislative mandate concerning pharmaceutical marketers. Pursuant to recent legislative directives, an opinion from the Attorney General, and meetings with the industry, as of January 1, 2004, the Board will require pharmaceutical marketers to report the name of the recipient (prescriber) who receives a gift or other benefit required to be disclosed by the law.
The Physical Therapists have been meeting and discussing their laws and rules. The Advisors have been addressing issues surrounding continuing competency and supervision issues.
Pursuant to recent legislation, the Board of Private Investigative & Security Services has been diligently working on establishing training requirements for security guards and private investigators. It has held public meetings and gathered input from the industry as well as gathered information from other states that have similar requirements. The Board must approve the training course being taught to security guards and/or private investigators. The Board has also been working on establishing minimum standards for Firearms and Guard Dog Instructors. The Board must also approve the firearms instructor's training course being taught to persons upgrading to armed status. The Board is now ready to begin the rulemaking process and include these standards in its rules.
The Board prepared and sent a newsletter to all licensees along with their renewal notices. The newsletter outlined recent legislative changes, included the Board's policy for firearms training, qualification of instructors, and basic firearms instruction. It also updated licensees as to changes in staff at the Office of Professional Regulation, and so on. The Board finds its newsletter a great tool to make licensees aware of changes that affect their license or registration and the practice of security and private investigative services in Vermont.
The Psychoanalysts Advisors met to discuss pending complaint cases and will be meeting to review their laws and rules and discuss whether the current laws and rules protect the public.
The Board of Psychological Examiners presented the first of what they hope will be an ongoing series of newsletters. The purpose of establishing The Vermont Psychological Examiner's Newsletter (VPEN) is to provide licensees with information about standards and changes in regulation of the profession of psychology within the State of Vermont. In addition they will be providing a description of how the Board functions both in the licensing of professional psychologists and in the handling of disciplinary cases. They will report recent disciplinary actions, provide reminders regarding continuing education requirements and present updates from the Association of State and Provincial Psychology Boards, (ASPPB). They also hope to supply helpful techniques to licensees regarding the maintenance of ethical and prudent standards within their individual practices. This Newsletter can be found on the Board's web page: http://vtprofessionals.org/opr1/psychologists/
The Board now offers the Jurisprudence Exam on-line. The on-line test contains revised questions and can be taken anywhere that you connect to the Internet.
The Board of Radiologic Technology has continued its research on fluoroscopy and hopes to send out a questionnaire to all physicians in the near future. The Board is aware that new specialties which are related to the profession (i.e., radiologist assistant) are being introduced and is looking into it. The Board is researching the need for competency requirements for, among others, Magnetic Resonance Imaging (MRI) operators, and Diagnostic Medical Sonographers. It is also monitoring the results of a task force researching new specialty equipment such as Positron Emission Tomography/Computerized Tomography (PET-CT) Scanner and a CT Simulator, as well as who is authorized to operate this equipment.
The Board of Real Estate Appraisers has seen a significant increase in the number of registered trainees from less than 15 to over 40 at the close of the fiscal year. Individuals desiring to become trainees do have problems locating appraisers willing to supervise them. The Boards long time public member, Lloyd Potter, resigned for health reasons and died the following month. The Board extends their sympathy to Lloyd's family. Lloyd was instrumental in increasing the supervision requirements for the trainees.
The Real Estate Commission saw an increase in complaint activity after a sharp decrease last year. The Commission initiated action to reestablish random checks of real estate offices, that have not taken place since 1996. The checks will review files and trust accounts. This will be an area of continuing interest for the Commission. Representatives attended the Association of Real Estate Licensing Law Officials fall and spring conferences.
The Clinical Social Work Advisors met every 3 months to discuss issues related to social workers and to discuss pending complaint cases.
The Tattooist and Body Piercers Advisors have been working on proposed rules that will parallel the legislation that went into effect on July 1, 2002. These changes included the registering of body piercers and body piercing shops and the implementation of an apprenticeship program. The advisors worked with the Department of Health in drafting the rules for infection control procedures.
The Board of Veterinary Medicine has been researching other states' laws and rules for consideration of a "courtesy" or "transitory" license or permit. The Board was asked by persons who sponsor eye clinics for dog shows and horse shows for such a provision because it is difficult to find experts who wish to spend the time and money to obtain full licensure for a weekend clinic or a horse show. A courtesy or transitory permit would allow a veterinarian to work in Vermont for a short period of time (i.e., thirty (30) days in a calendar year), provided he or she holds a current valid license in another state.
The Board prepared and sent a newsletter to all licensees along with their renewal notices. The newsletter outlined recent legislative changes, included a question and answer section, updating licensees as to changes in staff at the Office of Professional Regulation, and so on. The Board finds the newsletter a great tool to make licensees aware of changes that affect their license and the practice of veterinary medicine in Vermont.
Adjudication-
a judgment by a court or authorized body,
based on evidence presented, which decides a controversy.
APPENDICES
Administrative agency -
any official entity that carries out the
law; includes all agencies within the executive branch of government.
Administrative rule -
a statement issued by an administrative
agency to implement a statute; it in some way controls the activities of a specified
group; it has the force of law.
Annotated Code -
all the rules made by administrative agencies
of the state, brought together in one unit.
Administrative Procedure Act -
statutory process for adopting rules and
hearing contested cases 3 V.S.A. Ch.25.
Certification
- a
voluntary process by which an agency of government grants to an individual,
who meets certain minimum educational and testing standards established by the
law, the right to use the title of that profession or occupation. Unlike licensure,
a certification law or "title act" does not prohibit individuals from engaging
in the regulated profession. However, it is unlawful for a person who is not
certified to use a given title or to hold himself or herself out to the public
as being "certified' to practice a regulated profession.
Chapter -
the law for each board has its own chapter.
Chapters are found in Title 26 of the Vermont Statutes Annotated.
Consent order
- a
formal agreement of the parties, made under the sanction of the court or an
administrative agency, that some step (such as ceasing an activity, correcting
a practice, or paying a fine) will be taken to resolve a complaint.
Consumer member -
a public member on a board who represents
the interest of those who are actual or possible purchasers, leases, or recipients
of consumer goods, consumer services, consumer realty, or consumer credit.
Continuing competence -
maintained knowledge and skills, and demonstrated
current competence.
Continuing education -
educational opportunities beyond formal
education and initial entry level into a profession to enable practitioners
to maintain competence, to become aware of new developments and to provide responsible,
quality services.
Hearing -
a proceeding in which evidence is taken
in order to determine an issue of fact. Boards may hold either disciplinary
or proposed rules hearings. A disciplinary hearing is a formal, trial-type proceeding
that results in "action" for or against the subject of the complaint. A proposed
rules hearing is an opportunity for interested parties to address the board
regarding changes they are proposing
to the boards rules.
Indemnification -
the act of securing a party who acts for
the benefit or at the request of another party against future hurt, loss, or
damage; the second party promises to compensate the first in such event.
Law -
statutes, rules, decisions of a court.
License -
a personal right granted to the holder by
an authorized body. It allows the licensee to do something which he could not
legally do without such permission. Applicants for a license must conform to
criteria and fulfill other requirements (such as a qualifying examination) before
being able to practice that profession or occupation.
Licensing:
of establishments -
a right to operate an establishment conforming
to certain standards set down by an administrative agency; the person in charge
of that establishment is then responsible for the work of others there.
of individuals -
a right
conferred in order to practice a specific
profession or engage in a listed occupation; the practitioner must qualify according
to criteria (such as testing) established by the board governing that profession.
Oversight -
the periodic review of agencies (boards)
by a legislative committee or by an internal audit by the division in charge
of the agency.
Petition -
a formal request for action from an individual,
a group, or a board.
Practitioner -
a person who practices a specific occupation
or profession.
Public comment -
comments concerning an issue which are
gathered by holding hearings, and/or
inviting written public response.
Public record -
any documents which are
required by law to be made, maintained,
or kept on file by any public body. Agency or board documents which pertain
to an investigation in progress are not part of the public record; access to
them may be denied or allowed (unless allowing access is otherwise prohibited
by law)
Quasi-judicial - "like a court";
the kind of activity in which an agency (board) acts like a court, making judgments
on a contested matter and issuing decisions that affect the right and obligations
of the parties.
Quorum -
the number of members of a body that, when
assembled, is legally competent to conduct business, usually a majority of the
body.
Registration -
a formal listing; a legal procedure which
involves sending to a designated agency an applicant's name, address, and a
set fee in order to practice a profession.
Regulatory board -
a government body which is responsible for
regulating a profession or activity.
Reliability -
the consistence of results of an assessment
device across different administrations.
Re-certification -
a subsystem of credentialing designed to
provide assurance that the skills and knowledge of the practitioner are sufficiently
up-to-date.
Restitution -
the act of making good, or of giving the
equivalent for any loss, damage, or injury.
Recusal the process by which a
person removes him or herself from a particular case or decision due to a conflict
of interest.
Rule -
a statement of general applicability that
interprets or implements law or policy that; it has the force of law; it is
written by an administrative agency and adopted after publication for public
comment and review by a legislative committee.
Section -
rules of the board are
divided by sections, each section has its
own number. The sign § is
commonly used instead of the word Section. Two of the signs together §~
more than one section is being stated.
Self-assessment -
voluntary measurement of one's knowledge,
skills or attitudes in a given area.
Statute -
a law enacted by the legislature.
Statutory authority -
boundaries of a board's lawful responsibility
as laid out by the statute which created it.
Stem The component of a multiple
choice question which states the problem and sets the frame of reference (focus)
for an individual to select a correct response.
Stipulation -
a condition, requirement, or item of an
agreement, specified in an instrument.
Subpoena -
literally, "under penalty." It is a legally
enforceable writ commanding the appearance of a witness at a judicial or other
proceeding; the witness may be subjected to penalties if he fails to attend
or to produce documents, if so directed.
Unfair or deceptive trade practice -
any practice used by merchants or tradespeople
which misleads or cheats consumers.
Validity -
the degree to which an examination measures
what it is intended to measure
Credit: The Glossary is adapted
from Effective Consumer Representation: An Orientation
Manual for Board Members prepared by the
Maryland Consumer Council and the Maryland
Citizens Consumer Foundation (1979) and A Manual
for Members of Professional and
Occupational Licensing Boards of the State of
New Jersey prepared by the New Jersey
Department of Law and Public Safety (1981)
APPENDIX A: RECEIPTS AND EXPENDITURES BY PROFESSION - for Fiscal Years 2000 through 2003
Fiscal Year 00
Fiscal Year 01
Fiscal Year 02
Fiscal Year 03
Receipts
Expenditures
Receipts
Expenditures
Receipts
Expenditures
Receipts
Expenditures
Acupuncture
8,065
11,307
1,830
11,376
12,445
11,266
2,635
11,506
Athletic Trainers
640
7,876
7,475
7,700
1,260
8,376
11,855
8,697
Auctioneer
1,985
28,982
38,000
30,104
3,230
30,022
34,660
24,105
Crematory Advisors
NR
NR
NR
NR
NR
NR
0
9,068
Dietitian
6,395
11,019
3,970
11,205
10,890
8,209
1,495
8,106
Electrolysis
NR
NR
600
30,280
2,120
7,057
5,250
7,016
Hearing Aid
7,140
13,950
3,170
14,535
6,660
8,430
3,620
8,222
Midwife, Licensed
NR
NR
1,600
31,443
360
11,731
2,595
10,711
Naturopathic Physician
1,240
8,570
11,276
9,431
2,435
8,952
13,895
11,487
Occupational Therapy
29,130
17,488
15,540
13,396
42,305
15,337
7,205
15,189
Physical Therapy
8,800
34,135
82,165
36,067
11,605
39,075
90,240
38,406
Psychoanalyst
4,728
12,078
17,375
12,386
1,128
10,076
19,295
10,065
Social Workers
76,596
32,391
6,165
30,801
83,917
29,805
8,845
29,377
Tattooist/Body Piercers
3,015
14,384
6,680
14,122
3,380
21,548
14,285
20,447
Subtotal -Advisor Groups
147,734
192,180
195,846
222,742
181,735
209,884
215,875
212,402
Accountancy
87,307
43,783
27,670
47,466
126,620
73,202
78,155
80,403
Architect
6,280
36,106
91,273
47,009
14,840
58,916
111,161
61,942
Boxing
498
6,025
1,383
1,089
1,150
6,825
0
7,008
Barber/Cosmetology
175,277
128,733
40,649
114,722
211,802
178,008
50,105
175,358
Chiropractic
4,300
25,354
52,590
30,037
6,695
37,740
67,760
33,033
Dental
153,748
77,109
9,865
82,262
160,525
135,416
11,675
148,361
Engineer
15,615
104,375
264,784
101,115
87,545
136,976
272,159
136,402
Funeral Service
69,687
40,527
7,270
37,726
74,426
52,751
10,065
43,265
Land Surveyor
785
28,979
56,575
34,016
2,570
35,526
72,995
33,081
Mental Health, Allied*
5,710
60,183
90,160
68,558
23,553
64,711
162,580
60,796
Motor Vehicle Racing
10,330
3,718
4,950
3,313
15,150
14,443
1,090
14,649
Nursing
287,874
496,940
702,996
507,976
363,338
736,720
998,097
737,395
Nursing Home Admin
8,525
17,868
14,141
16,804
27,280
19,684
1,770
18,193
Optician
1,315
12,927
30,020
12,827
7,160
16,620
25,600
16,983
Optometry
6,165
14,124
27,335
13,088
14,340
16,537
22,820
17,106
Osteopath
2,030
17,667
32,265
18,540
3,760
24,826
44,700
26,414
Pharmacy
132,424
80,571
85,694
82,879
155,120
87,011
81,625
91,759
Private Detective
16,792
42,497
77,140
49,504
24,065
55,218
112,685
55,992
Psychology
144,770
59,560
7,030
73,566
152,028
52,390
7,275
60,858
Radiologic Tech.
7,736
30,861
56,606
32,904
15,735
30,489
73,440
30,268
Real Estate Appraiser
8,215
27,687
73,877
27,660
19,562
46,149
78,850
40,230
Real Estate Comm.
356,775
188,668
50,200
183,217
378,923
177,268
33,705
171,133
Veterinary
14,591
32,986
89,061
32,413
14,210
43,107
97,525
42,292
Subtotal - Boards/Comm.
1,516,749
1,577,248
1,893,534
1,618,691
1,900,397
2,100,533
2,415,837
2,102,921
GRAND TOTAL
1,664,483
1,769,428
2,089,380
1,841,433
2,082,132
2,310,417
2,631,712
2,315,323
NR = Not Regulated
* = Allied Mental Health includes: Marriage & Family Therapy, Psychotherapy & Mental Health Counselors
APPENDIX B: LICENSEES BY PROFESSION
As of July 1, 2003
Profession
Resident
Non-Resident
Total FY03
Total FY02
Total FY01
Total FY00
Accountancy
CPA's
708
359
1,067
988
971
929
RPA's
10
1
11
11
10
12
Firms
206
71
277
271
275
267
Acupuncturist
67
42
109
88
93
62
Architects
255
656
911
986
846
1,133
Athletic Trainers
66
6
72
67
58
62
Auctioneers
133
89
222
273
256
342
Barbers
0
Masters