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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.

TABLE OF CONTENTS


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


Director's Report

Fiscal Year 2003

This Director's Annual Report for the Office of Professional Regulation (OPR, Office) covers Fiscal Year 2003 - July 1, 2002 through June 30, 2003. A series of tables and charts provide a detailed report on the activities, revenues, and expenditures for all regulatory programs administered under the jurisdiction of OPR. During FY 2003, regulatory programs for 39 professions and occupations were supported and managed by the Office.

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


Statutory Changes Adopted in FY03 Legislative Session

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.


Statutory Revisions Identified in FY03

For Consideration in FY04

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


Review of Specific Activity of Professions

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.


Glossary of Relevant Terms

Adjudication- a judgment by a court or authorized body, based on evidence presented, which decides a controversy.
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)


APPENDICES

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