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Journal of the House________________

THURSDAY, MAY 23, 2002

At nine o'clock and thirty minutes in the forenoon the Speaker called the House to order.

Devotional Exercises

Devotional exercises were conducted by Speaker Walter Freed of Dorset.

Bill Referred to Committee on Ways and Means

S. 138

Senate bill, entitled

An act relating to standards for labeling of electricity for resale;

Appearing on the Calendar, affecting the revenue of the state, under the rule, was referred to the committee on Ways and Means.

Bill Referred to Committee on Appropriations

S. 264


An act relating to promotion of energy efficiency and renewable electric generation;

Appearing on the Calendar, carrying an appropriation, under rule 35a, was referred to the committee on Appropriations.

House Resolution Adopted

H.R. 64

House resolution, entitled

House resolution congratulating the Rail City Blazers 2002 AAU preteen girls’ basketball Vermont state championship team;

Was taken up, read and adopted.

1616

JOURNAL OF THE HOUSE 1617

Favorable Report; Third Reading Ordered

S. 223

Rep. Dakin of Colchester, for the committee on Commerce, to which had been referred Senate bill, entitled

An act relating to the unified health care budget, continuation of group health insurance coverage, and coverage of persons under the influence of alcohol or drugs;

Reported in favor of its passage. The bill, having appeared on the Calendar one day for notice, was taken up, read the second time and third reading ordered.

Bill Read Second Time; Action Postponed

S. 241

Rep. Sweaney of Windsor, for the committee on Government Operations, to which had been referred Senate bill, entitled

An act relating to auricular acupuncture for the treatment of alcoholism, substance abuse or chemical dependency;

Reported in favor of its passage in concurrence.

Rep. Pugh of South Burlington, for the committee on Ways and Means, recommended that the House propose to the Senate that the bill be amended as follows:

In Sec. 2, §3412(d), by striking the last sentence.

The bill, having appeared on the Calendar one day for notice, was taken up and read the second time.

Pending the question, Shall the House propose to the Senate to amend the bill as recommended by the committee on Ways and Means? Rep. Pugh of South Burlington, for the committee on Ways and Means, asked and was granted leave to withdraw the committee report.

Pending the question, Shall the bill be read the third time? Rep. Atkins of Winooski moved to propose to the Senate to amend the bill as follows:

By striking all after the enacting clause and inserting in lieu thereof the following:

* * * Professional Regulation * * *

Sec. 1. 3 V.S.A. § 129(a) is amended to read:

1618 THURSDAY, MAY 23, 2002

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

* * *

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

* * *

(12) Treat as incomplete any license application submitted with a check subsequently returned for insufficient funds.

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

§ 129a. UNPROFESSIONAL CONDUCT

(a) In addition to any other provision of law, the following conduct by a licensee constitutes unprofessional conduct. When that conduct is by an applicant or person who later becomes an applicant, it may constitute grounds for denial of a license or other disciplinary action. A board may find that any one of the following items, or any combination of items, whether or not the conduct at issue was committed within or outside the state, constitutes unprofessional conduct.

* * *

(10) In the course of practice, gross failure to use and exercise on a particular occasion or the failure to use and exercise on repeated occasions that degree of care, skill and proficiency which is commonly exercised by the ordinary skillful, careful and prudent professional engaged in similar practice under the same or similar conditions, whether or not actual injury to a client, patient or customer has occurred occurs.

* * *

(c) After hearing, and upon a finding of unprofessional conduct, a board or an administrative law officer may take disciplinary action against a licensee or applicant, including imposing an administrative penalty not to exceed $1,000.00 for each unprofessional conduct violation. Any money received from the imposition of an administrative penalty imposed under this section shall be deposited in the general fund.

* * *

Sec. 3. 3 V.S.A. § 131 is amended to read:


§ 131. ACCESSIBILITY AND CONFIDENTIALITY OF DISCIPLINARYMATTERS

* * *

(f) For the purposes of this section, "disciplinary action" means action that suspends, revokes, limits or conditions a license in any way, and includes warnings and reprimands.

(g) Nothing in this section shall prohibit the disclosure of information regarding disciplinary complaints to state or federal law enforcement agencies in the course of their investigations.

* * * Administrative Procedure * * *

Sec. 4. 3 V.S.A. § 814(d) is amended to read:

(d) An agency having jurisdiction to conduct proceedings and impose sanctions in connection with conduct occurring during the time a license is operative of a licensee or former licensee shall not lose jurisdiction if the license is not renewed or is surrendered or otherwise terminated prior to initiation of such proceedings.

* * * Barbers and Cosmetologists * * *


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


§ 278. QUALIFICATIONS; COSMETOLOGIST

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

* * *



§ 279. QUALIFICATIONS; ESTHETICIAN

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

(1) a course of study in esthetics of at least 300 600 hours at a school of cosmetology approved by an accrediting body recognized by the United States Department of Education or approved by the board under standards that the board has adopted by rule,; or

(2) an apprenticeship of six 12 months, as prescribed by the board by rule; and has passed the exam examination described in section 283 of this title.


§ 280. QUALIFICATIONS; MANICURIST

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

(1) a course of study in manicuring of at least 150 400 hours at a school of cosmetology approved by an accrediting body recognized by the United States Department of Education or approved by the board under standards that the board has adopted by rule,; or

(2) an apprenticeship of four eight months, as prescribed by the board by rule, and has passed the examination described in section 284 of this title.

* * * Chiropractic * * *


§ 533. LICENSE BY ENDORSEMENT

The board may grant a license without written examination to an applicant who is licensed and in good standing to practice chiropractic in another state, if the applicant

(1) Meets the educational criteria provided in section 531 of this title; and

(2) Passes the clinical examination required under subsection (b) of section 532 of this title.

(a) The board may grant a license without written examination to an applicant who:


(1) is licensed, is of good moral character, is in good standing to practice chiropractic in another jurisdiction, and has successfully completed not less than 24 hours of continuing chiropractic professional education during the two years immediately preceding application. For purposes of this section, "in good standing" means the applicant has no record of disciplinary actions on file with other jurisdictions, the Chiropractic Information Network - Board Action Databank (CIN - BAD) or professional liability insurance carriers;

(2) presents proof of having graduated before January 1, 1996 from a four - year school of chiropractic, accredited by the Council on Chiropractic Education (CCE), or which was accredited by the CCE at the time of the applicant’s graduation, and which requires not less than 4,000 hours as a resident student; and

(3) has practiced chiropractic at least 500 hours during the two years immediately preceding the date of application.

(b) The board may require an applicant under this section to take an examination on the Vermont laws and rules governing the practice of chiropractic.

(c) An applicant who is not in good standing may be eligible for licensure under this section if the applicant can demonstrate to the satisfaction of the board that the applicant has passed the Special Purpose Examination for Chiropractors and is otherwise qualified for licensure under this section. The board may place limitations or conditions on licenses issued under this subsection.

* * * Dentists; Reciprocal Licenses * * *


§ 805. LICENSING NONRESIDENTS

(a) In its discretion, upon a satisfactory practical examination demonstrating his proficiency, the board may issue a license to a dentist who has been lawfully in practice in another state for at least five years, upon the payment of the required fee, if the applicant presents a certificate from the board of dental examiners or other like board of the state in which he has practiced, certifying to his competency and good moral character.

(b) Notwithstanding the provisions of subsection (a) of this section and any other provision of law, a dentist who holds an unrestricted license in all jurisdictions in which the dentist is currently licensed, and who certifies to the Vermont board of dental examiners that he or she will limit his or her practice in Vermont to providing pro bono services at a free or reduced fee clinic in


Vermont, shall be licensed by the board within 60 days of the licensee’s certification without further examination, interview, fee or any other requirement for board licensure. The dentist shall file with the board, on forms provided by the board, information on dental qualifications, professional discipline, criminal record, malpractice claims or any other such information as the board may require. A license granted under this subsection shall authorize the licensee to practice dentistry on a voluntary basis in Vermont.

* * * Funeral Services * * *


§ 1211. DEFINITIONS

(a) The following words as used in this chapter, unless a contrary meaning is required by the context, shall have the following meanings:

(1) “Crematory establishment” means a place of business conducted at a specific street address or location devoted to the disposition of dead human bodies by means of cremation.

(2) "Funeral director" means a licensed person who is the owner,

co-owner, employee or manager of a licensed funeral establishment and who directs, supervises or contracts to direct, or supervise funerals, for compensation, engages in the practice of funeral service.

(2)(3) "Funeral establishment" means a place of business conducted at a specific street address or location devoted to the care and preparation for burial, disposal or transportation of dead human bodies, including the selling of funeral services or merchandise practice of funeral service.

(4) "Practice of funeral service" means arranging, directing, or providing for the care, preparation, or disposition of dead human bodies for a fee or other compensation. This includes, but is not limited to:

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

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

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

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

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


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

(5) "Removal" means the removal of dead human bodies from places of death, hospitals, institutions, or other locations, for a fee or other compensation.

(b) Nothing in this section shall prohibit cemetery owners, associations or their employees from engaging in any functions normally performed by them in the course of their everyday affairs as allowed by chapter 121 of Title 18.

(c) Notwithstanding this section, crematory owners and their personnel may engage in the listed activities in subsection (a) of this section only to the extent such functions are necessary to the performance of their duties. Specifically, crematory personnel may:

(1) provide for the disposition of dead human bodies by cremation, and meet with the public to arrange and provide for the disposition;

(2) enter into contracts, without taking prepaid funds, for the provision of dispositions by cremation;

(3) arrange, direct or perform the removal or transportation of a dead human body, so long as removals are performed by licensed removal personnel; and

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


§ 1212. RULES; DUTIES

The board shall:

* * *

(4) explain appeal procedures to licensees and applicants and complaint procedures to the public; and

(5) issue licenses to qualified applicants under this chapter; and

(6) adopt rules regarding minimum standards for crematory establishments, including standards for permits and documentation, body handling, containers, infectious diseases, pacemakers, body storage, sanitation, equipment and maintenance, dealing with the public and other measures necessary to protect the public.



§ 1213. INSPECTION OF PREMISES

(a) The board of funeral service or the office of professional regulation may, at any reasonable time, inspect funeral and crematory establishments.

(b) Each funeral and crematory establishment shall be inspected at least once every two years. Copies of the inspector's report shall be provided to the board.


§ 1251. LICENSE REQUIREMENTS

No person, partnership, corporation, association or other organization may open or maintain a funeral establishment unless the establishment is licensed by the board of funeral service to conduct the business and unless the owner, a co-owner or manager is a licensed funeral director. No person, partnership, corporation, association or other organization may open or maintain a crematory establishment unless the establishment is licensed by the board of funeral service. No person may hold himself or herself out as performing the duties of a funeral director unless licensed by the board of funeral service. Except as otherwise permitted by law, no person may perform a removal unless licensed by the board of funeral service.


§ 1252. APPLICATION; QUALIFICATIONS

(a) Funeral director. Any person who desires to engage in the business of a funeral director shall make written application to the board of funeral service for a license to engage therein. The applicant shall have attained the age of majority, be a citizen of the United States, a resident of the state of Vermont hold a high school or general educational development diploma or its equivalent, and be of good moral character. The application for a license shall be sworn to and shall state the name, age and residence of the applicant. The board of funeral service may prescribe by regulation the forms for the applications, and all applicants shall furnish such information relative to prior experience, employment and qualifications as the board shall require. The application shall be accompanied by an examination fee.

(b) Funeral establishment. A person, partnership, association or other organization desiring to operate a funeral establishment, shall apply, in writing, to the board of funeral service for a license. The applicant, if a corporation, partnership, association or other organization, must have a manager or


co-owner who is a licensed funeral director. The application for a license shall be sworn to by the individual, a partner or a duly authorized officer of a corporation, and shall be on the form prescribed and furnished by the board of funeral service, and the applicant shall furnish such information as required by rule or regulation of the board. The application shall be accompanied by an examination fee.

(c) Crematory establishment. A person, partnership, association or other organization desiring to operate a crematory establishment shall apply, in writing, to the board of funeral service for a license. The applicant, if a corporation, partnership, association or other organization, shall have a designated manager or co-owner who is responsible for the operation of the establishment. The application for a license shall be sworn to by the individual, or a partner or a duly authorized officer of a corporation, shall be on the form prescribed and furnished by the board of funeral service, and the applicant shall furnish such information, as required by rule of the board. The application shall be accompanied by a registration fee.

(d) Removal personnel. Any person who desires to engage in removals shall register with the board of funeral service and pay the fee established in subsection 1256(d) of this title. The applicant shall have attained the age of majority, be of good moral character, and be directly employed by a licensed funeral or crematory establishment. The board may prescribe, by rule, the forms for applicants, which may include proof of completion of up to three hours of education and training in infectious diseases, in programs approved by the board. Registrants under this subsection are authorized to perform removals only, as defined by this chapter. Unlicensed personnel may accompany licensed personnel to assist in removals so long as they have been instructed in handling and precautionary procedures prior to the call.


§ 1254. ISSUANCE OR DENIAL OF LICENSE

If, upon examination, it is found that the applicant is of a good moral character and possessed of sufficient skill and knowledge of the business, the board shall issue to him or her upon the payment of an initial license fee, a license to engage in the business of funeral director or crematory establishment, and shall register license him or her as a duly licensed funeral director. All applications shall be granted or denied within ninety 90 days from the making thereof.


§ 1256. RENEWAL OF REGISTRATION OR LICENSE


(a)(1) One month before renewal is required, the board shall notify, by mail, every licensed funeral director and funeral establishment licensee of the date on which his or her or its license will expire.

(2) Biennially, every licensed funeral director and funeral establishment licensee shall renew their his or her registration or license by paying the required fee.

(3) Upon the receipt of the fee, the board shall issue to the funeral director licensee a receipt showing his or her number, name, and the year for which the fee is paid.

(b) Upon request of the board of health or a person authorized to issue burial or removal permits, a licensed funeral director licensee shall show the receipt mentioned in subdivision (a)(3) of this section.

(c) If a funeral director or funeral establishment licensee fails to pay the renewal fee by the required date, the license shall be suspended. Thereafter, the license may be renewed only upon application to the board and upon payment of the renewal fee and a reinstatement fee.

* * *


§ 1257. UNPROFESSIONAL CONDUCT

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

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

(1) Using dishonest or misleading advertising.

(2) Failure to make available, upon request of a person who had received services, copies of documents in the possession or under the control of the practitioner.

(3) Failure to comply with rules adopted by the board or by the Federal Trade Commission relating to funeral directors.

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

(c) After hearing and upon a finding of unprofessional conduct, the board may take disciplinary action against a funeral director licensee.


(d) For purposes of this section, "disciplinary action" includes any action taken by the board against a funeral director licensee premised on a finding of unprofessional conduct. Disciplinary action includes all appropriate remedies, including denial of renewal of a license, suspension, revocation, limiting or conditioning of the license, issuing reprimands or warnings, and adopting consent orders.


§ 1272. RULES

The board shall adopt rules to carry out the provisions of this subchapter to insure the proper handling of all funds paid pursuant to a prepaid funeral agreement and to protect consumers in the event of default. The rules shall include provisions relating to the following:

* * *

(9) Establishment of a funeral services trust account. For purposes of funding the funeral services trust account, the board shall assess each funeral or crematory establishment a per funeral, burial or disposition fee of $6.00. The account shall be administered by the secretary of state and shall be used for the sole purpose of protecting prepaid funeral contract holders in the event a funeral establishment defaults on its obligations under the contract. The account shall consist of all fees collected under this subdivision and any assessments authorized by the general assembly. The principal and interest remaining in the account at the close of any fiscal year shall not revert but shall remain in the account for use in succeeding fiscal years. Notwithstanding the foregoing, if the fund balance at the beginning of a fiscal year is at least $200,000.00, no fees shall be imposed during that fiscal year. Payments from the fund shall be made on warrants by the commissioner of finance and management, at the direction of the board of funeral services. In cases where both a funeral and crematory establishment are involved in a disposition, the party receiving the burial permit shall be responsible for the disposition fee.

* * * Physicians and Nurses; Reciprocal Licenses * * *

Sec. 20. 26 V.S.A. § 1395(c) is added to read:

(c) Notwithstanding the provisions of subsection (a) of this section and any other provision of law, a physician who holds an unrestricted license in all jurisdictions where the physician is currently licensed, and who certifies to the Vermont board of medical practice that he or she will limit his or her practice in Vermont to providing pro bono services at a free or reduced fee health care clinic in Vermont, shall be licensed by the board within 30 days of the licensee’s certification without further examination, interview, fee or any other


requirement for board licensure. A license granted under this subsection shall authorize the licensee to practice medicine or surgery on a voluntary basis in Vermont.

Sec. 21. 26 V.S.A. § 1576(e) is added to read:

(e) Notwithstanding the provisions of this section and any other provision of law, a nurse who holds an unrestricted license in all jurisdictions in which the nurse is currently licensed, and who certifies to the Vermont board of nursing that he or she will limit his or her practice in Vermont to providing pro bono services at a free or reduced fee clinic in Vermont, shall be licensed by the board within 60 days of the licensee’s certification without further examination, interview, fee or any other requirement for board licensure. The nurse shall file with the board, on forms provided by the board, information on nursing qualifications, professional discipline, criminal record, malpractice claims or any other such information as the board may require. A license granted under this subsection shall authorize the licensee to practice nursing on a voluntary basis in Vermont.

* * * Pharmacy * * *

Sec. 22. REPEAL

26 V.S.A. § 1897 (posting of prescription prices by agency of human services) is repealed.

* * * Real Estate Brokers and Salespersons * * *


§ 2292. ELIGIBILITY

(a) A license as a real estate broker shall be granted to a person who satisfies all of the following:

(1) Has passed an examination as required by the commission.

(2) Has gained at least one year's experience satisfactory to the commission as a licensed salesperson, or has completed a course of instruction that the commission deems to be equivalent to such experience.

* * *

* * * Veterinary Medicine * * *


§ 2403. EXEMPTIONS FROM LICENSURE

Regardless of whether acts performed are within the definition of the practice of veterinary medicine as defined in section subdivision 2401(5) of


this title, a license to practice veterinary medicine shall not be required under section 2402 of this title by the following:

* * *

(2) a person advising with respect to or performing acts which are accepted livestock management practices and animal husbandry practices such as the use of procedures for artificial insemination, dehorning, clipping and shoeing animals and, trimming feet and use of handheld files, rasps or other devices to remove overgrowth from the teeth of horses (floating), but not to include extraction of teeth or other procedures that invade the skin tissue of the mouth. Prescription drugs shall not be used except by or on the order of a licensed veterinarian, as provided by state and federal law;

* * *

Sec. 25. 26 V.S.A. § 2404 is added to read:

§ 2404. IMMUNITY FROM LIABILITY OF LICENSEES WHO REPORTSUSPECTED CASES OF CRUELTY TO ANIMALS

There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, a veterinarian licensed by the board who, in good faith and in the normal course of practice, reports suspected cases of cruelty to animals, as defined in sections 352 and 352a of Title 13, to any sheriff or deputy sheriff, constable, police officer, state’s attorney or deputy state’s attorney, state game warden or deputy game warden, state police officer or auxiliary state police officer, humane society officer, employee or agent, or local board of health officer or agent.


§ 2405. IMMUNITY FROM LIABILITY FOR GOOD SAMARITAN ACTS

A veterinarian licensed by the board who, on the veterinarian’s own initiative or at the request of an owner or another person, renders uncompensated emergency treatment to a sick or injured animal at the scene of an accident, shall not be liable in damages to the owner of the animal if the veterinarian is not grossly negligent.

Sec. 27. 26 V.S.A. § 2424(c) is amended to read:

(c) Applicants who are not graduates of schools of veterinary medicine accredited by the American Veterinary Medical Association (AVMA) must possess a certificate issued by the Educational Commission for Foreign Veterinary Graduates (ECFVG), its successor organization or an organization acceptable to the board, or a Certificate of Qualification issued by the


Canadian Veterinary Medical Association, unless at the time the applicant became licensed in the state, territory or province from which they are

the applicant is applying, an ECFVG certificate was not required by this state.

* * * Radiology * * *


§ 2811. BOARD OF RADIOLOGIC TECHNOLOGY

(a) A board of radiologic technology is created, consisting of five members. The board shall be attached to the office of professional regulation.

(b) Two members One member of the board shall be members a member of the public who have has no financial interest in radiologic technology other than as a consumer or possible consumer of its services. They The public member shall have no financial interest personally or through a spouse.

(c) One member of the board shall be a radiologist certified by the American Board of Radiology.

(d) Two members of the board shall be licensed under this chapter.

(e) One member of the board shall be a representative from the radiological health program of the Vermont department of health.

(f) Board members shall be appointed by the governor.


§ 2825. TEMPORARY PERMITS

(a) An applicant for general radiography licensure, nuclear medicine technology licensure or radiation therapy licensure who meets all of the qualifications for licensure except passage of a required examination shall be issued a temporary permit. The permit shall authorize the holder to practice, under the general supervision of a licensed practitioner or a person licensed under this chapter, the branch of radiologic technology applied for until the next succeeding examination is given, and if the applicant sits for that examination, until the results of the next examination taken by the applicant are distributed and acted on by the board.

(b) As soon as the results of the examination are distributed and acted upon by the board, a permit holder who passes the examination shall be granted permanent licensure. A graduate of an approved program of radiologic technology who fails the examination may have his or her temporary permit renewed or reissued no more than two three consecutive times to permit the applicant to take the next two scheduled examinations examination not more than four times. The fourth and final examination shall be taken only after the


applicant has completed additional education or other remedial steps acceptable to the board. An applicant who thereafter fails an examination shall not be granted a temporary permit.

* * * Private Investigative and Security Services * * *


§ 3162. POWERS AND DUTIES

The board may:

* * *

(7) Adopt rules establishing a security guard or private investigator training program, consisting of not fewer than 40 hours of training, as a prerequisite to registration.

(8) Adopt rules establishing continuing education requirements and establish or approve continuing education programs to assist a licensee or registrant in meeting these requirements.

Sec. 31. 26 V.S.A. § 3175a is amended to read:

§ 3175a. FIREARMS AND GUARD DOG TRAINING; INSTRUCTOR LICENSURE

(a) An applicant for a private detective or security guard license to provide armed services shall demonstrate to the board competence in the safe use of firearms in a manner deemed appropriate by the board, which firearms training program approved by the board and taught by an instructor currently licensed under this section. Firearms training may include evidence of law enforcement or military training in firearms. An applicant for a license to provide guard dog services shall demonstrate to the board competence in the handling of guard dogs in a manner deemed appropriate by the board. The board shall adopt rules governing the approval of firearm and guard dog training, including instructor qualifications guard dog training program approved by the board and taught by an instructor currently licensed under this section.

(b) The board shall license instructors of such training courses, and shall adopt rules governing the licensure of instructors and the approval of firearms and guard dog training programs.

(c) The board shall not issue a license as a firearms training program instructor without first obtaining and approving the following:

(1) The application filed in the proper form.


(2) The application fee established in subdivision 3178a(5)(A) of this title.

(3) Evidence that the applicant has obtained the age of majority.

(4) A copy of the applicant’s training program.

(5) Proof of certification as an instructor from an instructor’s course approved by the board.

(6) A federal background check.

(d) The board shall not issue a license as a guard dog training program instructor without first obtaining and approving the following:

(1) The application filed in the proper form.

(2) The application fee established in subdivision 3178a(5)(A) of this title.

(3) Evidence that the applicant has obtained the age of majority.

(4) A copy of the applicant’s training program.

(5) Proof of certification as an instructor from an instructor’s course approved by the board.

(6) A federal background check.

(e) Instructors licensed under this section are subject to the same renewal requirements as others licensed under this chapter, and, prior to renewal, are required to show proof of current instructor licensure and pay the renewal fee established in subdivision 3178a(5)(B) of this title.

Sec. 32. 26 V.S.A. § 3176(e) is added to read:

(e) As a prerequisite to registration, all investigative and security employees shall take and successfully complete a training program approved by the board.

Sec. 33. 26 V.S.A. § 3178a(5) is added to read:

(5) Instructor licensure

(A) Application for licensure $100.00

(B) Biennial renewal $150.00

Sec. 34. 26 V.S.A. § 3181(b)(20) is added to read:

(b) Unprofessional conduct means any of the following:

* * *


(20) For armed and guard dog certified licensees, brandishing, exhibiting, displaying or otherwise misusing a firearm or guard dog in a careless, angry or threatening manner unnecessary for the course of the licensee’s duties.

* * * Clinical Mental Health Counselors * * *

Sec. 35. 26 V.S.A. § 3265(2) is amended to read:

(2) Shall have documented a minimum of 3,000 hours of supervised work in clinical mental health counseling over a minimum of two years of post-master's experience; and shall have documented a minimum of 100 hours of face-to-face supervision over a minimum of two years post-master's experience. Clinical work shall be performed under the supervision of a licensed physician certified in psychiatry by the American Board of Medical Specialties, a licensed psychiatric nurse practitioner, a licensed psychologist, a licensed clinical social worker or, a certified licensed marriage and family therapist, a licensed clinical mental health counselor or a person certified or licensed in another jurisdiction in one of these professions or in a profession which is their substantial equivalent; and

* * * Occupational Therapists * * *



As used in this chapter:

(1) "Occupational therapist" means a person who is certified licensed to practice occupational therapy under this chapter.

(2) "Occupational therapy assistant" means a person who is certified licensed to assist in the practice of occupational therapy under the supervision of an occupational therapist.

(3) "Director" means the director of the office of professional regulation.

(4) "Disciplinary action" includes any action taken by the director or by an administrative law officer established by 3 V.S.A. § 129(j) against an occupational therapist, occupational therapy assistant, or applicant premised on a finding that the occupational therapist, occupational therapy assistant, or applicant has engaged in unprofessional conduct. The term includes all sanctions of any kind, refusing to grant or renew certification licensure, suspending or revoking certification licensure and issuing warnings.

(5) "Occupational therapy" means the use of purposeful activity to maximize functional independence, prevent and remediate disability, and


maintain the health of individuals who are limited by physical injury or illness, a cognitive impairment, psychosocial dysfunction, a mental illness, developmental or learning disabilities, or an adverse environmental condition. The practice of occupational therapy encompasses evaluation and testing, treatment, and consultation. Occupational therapists use skilled observation or administer and interpret standardized or nonstandardized tests and measurements to identify the need for occupational therapy services. Occupational therapists assess the need for and use of: the design, development, adaptation, or application of assistive technology devices; the design, fabrication, and application of rehabilitative technology such as selected orthotic devices; training in the use of assistive technology or orthotic and prosthetic devices; the application of therapeutic agents as an adjunct to, or in preparation for, purposeful activities; ergonomic principles; and the adaptation of environments and processes to enhance functional performance or the promotion of health and wellness. Occupational therapy services include: developing daily living skills; work readiness or work performance; play skills or leisure capacity; enhancing educational performance skills; assisting in the development of sensory-motor, perceptual or neuromuscular functioning, or range of motion; assisting in the development of emotional, motivational, cognitive, or psychosocial components of performance; or assisting individuals with eating/swallowing disorders. Occupational therapy services are provided individually, in groups, or through social systems, and may be carried out in consultation with the patient's family or other person interested in his or her welfare. “Occupational therapy practice” means the therapeutic use of purposeful and meaningful occupations (goal - directed activities) to evaluate and treat individuals who have a disease or disorder, impairment, activity limitation, or participation restriction which interferes with their ability to function independently in daily life roles, and to promote health and wellness. Occupational therapy intervention may include:

(A) remediation or restoration of performance abilities that are limited due to impairment in biological, physiological, psychological or neurological processes;

(B) adaptation of task, process or the environment, or the teaching of compensatory techniques, in order to enhance performance;

(C) disability prevention methods and techniques which facilitate the development of safe application of performance skills;

(D) health promotion strategies and practices which enhance performance abilities.

(6) “Occupational therapy services” include, but are not limited to:


(A) evaluating, developing, improving, sustaining, or restoring skills in activities of daily living, work or productive activities, including instrumental activities of daily living, and play and leisure activities;

(B) evaluating, developing, remediating, or restoring sensorimotor, cognitive, or psychosocial components of performance;

(C) designing, fabricating, applying, or training in the use of assistive technology or orthotic devices, and training in the use of prosthetic devices;

(D) adaptation of environments and processes, including the application of ergonomic principles, to enhance performance and safety in daily life roles;

(E) application of physical agent modalities as an adjunct to or in preparation for engagement in occupations;

(F) evaluating and providing intervention in collaboration with the client, family, caregiver, or others;

(G) educating the client, family, caregiver, or others in carrying out appropriate nonskilled interventions;

(H) consulting with groups, programs, organizations, or communities to provide population - based services.


§ 3352. PROHIBITION; OFFENSES

(a) No person shall practice or attempt to practice occupational therapy or hold himself or herself out as being able to do so in this state without first having obtained a license.

(b) No person shall use in connection with the person's name any letters, words or insignia indicating or implying that the person is an occupational therapist or occupational therapy assistant unless certified licensed in accordance with this chapter.

(b)(c) A person who violates this section shall be fined not more than $1,000.00 for each occurrence.


(a) The director shall:

(1) provide general information to applicants for certification licensure as occupational therapists or occupational therapy assistants;

(2) administer fees collected under this chapter;


(3) explain appeal procedures to occupational therapists, occupational therapy assistants and applicants, and complaint procedures to the public;

(4) receive applications for certification, certify licensure, license applicants under this chapter, renew certificates licenses, and revoke, suspend, reinstate or condition certificates licenses as ordered by an administrative law officer; and

(5) refer all disciplinary matters to an administrative law officer.


§ 3355. ELIGIBILITY

(a) To be eligible for certification licensure as an occupational therapist, an applicant:

(1) shall have a bachelor's or higher degree in occupational therapy from an educational institution approved by an accrediting agency accepted by the director successfully completed the academic requirements of an educational program for occupational therapists accredited by the American Occupational Therapy Association’s Accreditation Council for Occupational Therapy Education (ACOTE) or its predecessor or successor organizations;

(2) shall have documented a minimum of six months' supervised work in occupational therapy; this clinical work shall be performed under the supervision of an occupational therapist who has been continuously engaged in the full-time active practice of occupational therapy for one or more years and who is either a certified occupational therapist in this state or has received the national professional designation of registered occupational therapist successfully completed a period of supervised fieldwork experience required by the recognized educational institution where the applicant met the requirements set forth in subdivision (1) of this subsection; and

(3) shall pass an examination as provided in section 3357 of this title.

(b) To be eligible for certification licensure as an occupational therapy assistant, an applicant:

(1) shall have an associate's or higher degree in occupational therapy from an educational institution approved by an accrediting agency accepted by the director successfully completed the academic requirements of an educational program for occupational therapy assistants accredited by the American Occupational Therapy Association’s Accreditation Council for Occupational Therapy Education (ACOTE) or its predecessor or successor organizations;


(2) shall have documented a minimum of two months' supervised work in occupational therapy, which shall be performed under the supervision of an occupational therapist or occupational therapy assistant who has been continuously engaged in the full-time active practice of occupational therapy for one or more years and who is either a certified occupational therapist or certified occupational therapy assistant in this state or has received the national professional designation of registered occupational therapist or certified occupational therapy assistant successfully completed a period of supervised fieldwork experience required by the recognized educational institution where the applicant met the requirements set forth in subdivision (1) of this subsection; and

(3) shall pass an examination as provided in section 3357 of this title.

(c) Occupational therapist applicants must complete a minimum of 24 weeks of supervised fieldwork experience or satisfy any generally-recognized past standards that identified minimum fieldwork requirements at the time of graduation.

(d) Occupational therapy assistant applicants must complete a minimum of 16 weeks of supervised fieldwork experience or satisfy any

generally-recognized past standards that identified minimum fieldwork requirements at the time of graduation.


§ 3356. APPLICATION

To apply for certification licensure as an occupational therapist or occupational therapy assistant, a person shall apply to the director on a form furnished by the director. The application shall be accompanied by payment of the specified fee and evidence of eligibility as requested by the director.


§ 3357. EXAMINATION

(a) Written examinations shall be conducted under this chapter by a nationally-recognized credentialing body approved by the director. Examinations shall be conducted at least twice a year, except that examinations need not be conducted when no one has applied to be examined.

(b) Examinations administered and the procedures of administration shall be fair and reasonable and shall be designed and implemented to ensure that all applicants are granted certification licensure if they demonstrate that they possess the minimal occupational qualifications which are necessary for the protection of the public health, safety and welfare. The examination shall not


be designed or implemented for the purpose of limiting the number of certificate holders licensees. The director, with the advice of the advisor appointees, shall establish, by rule, fixed criteria for passing the examination that shall apply to all persons taking the examination.

* * *


§ 3358. CERTIFICATION LICENSURE WITHOUT EXAMINATION;WAIVER OF EDUCATIONAL REQUIREMENT

* * *

(b) The director may waive the examination requirement if the applicant is certified prior to July 1, 1993 as a registered occupational therapist (OTR) or certified occupational therapy assistant (COTA) by the American Occupational Therapy Certification Board, if, in the opinion of the director, the standards and qualifications for such certification are at least equal to those required by this chapter.

(c) The director may waive the educational requirement for certification licensure as an occupational therapist, if the applicant is recognized by the American Occupational Therapy Certification Board as an A.O.T.A. as a certified occupational therapist after having qualified for and passed an occupational therapist examination, and the director determines that the examination so taken meets the requirements of section 3357 of this chapter.

Sec. 43. 26 V.S.A. § 3358a is added to read:

§ 3358a. TEMPORARY LICENSURE WITHOUT EXAMINATION

(a) A temporary license without examination for practice under the direction of an occupational therapist licensed in Vermont may be issued to a person who applies for the first time to practice occupational therapy in this state as an occupational therapist or as an occupational therapy assistant under section 3355 of this title and meets all other qualifications of that section.

(b) A temporary license may be issued only for the purpose of allowing a qualified applicant to practice as an occupational therapist or as an occupational therapy assistant until:

(1) the applicant takes the next examination provided by the director of the office of professional regulation under section 3357 of this title, and a determination is made of the applicant’s qualifications to practice in this state; or


(2) the necessary data for licensure without examination under section 3358 of this title is collected and ruled on by the director of the office of professional regulation.

(c) Temporary licenses shall be issued on payment of the specified fee for a fixed period of time to be determined by the director of the office of professional regulation, and shall not be renewed except by the director of the office of professional regulation, subject to proof of an exceptional cause shown by the applicant.


§ 3359. RENEWALS

(a) Certification Licenses shall be renewed every two years upon payment of the required fee, provided the person applying for renewal completes at least 20 hours of continuing education competence requirements, approved by the director, during the preceding two-year period. The director, with the advice of the advisor appointees, shall establish, by rule, guidelines and criteria for continuing education competence credit. The director may waive the continuing education competence requirement for the initial certification licensure period.

(b) Biennially, the director shall forward a renewal form to each certificate holder licensee. Upon receipt of the completed form and the renewal fee, the director shall issue a new certificate license.

(c) Any application for renewal of a certificate license which has expired shall be accompanied by the renewal fee and late fee. A person shall not be required to pay renewal fees for years during which the certificate license was lapsed.

(d) The director may, after notice and opportunity for reinstatement hearing, revoke a person's right to renew certification licensure if the certification license has lapsed for five or more years.



(a) A person certified licensed under this chapter or a person applying for a certificate license shall not engage in unprofessional conduct.

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

(1) Misrepresentation or concealment of a material fact to obtain, renew or reinstate a certificate license under this chapter.


* * *

(12) Engaging in a sexual act as defined in 13 V.S.A. § 3251 with a patient under the care of the person certified by licensed under this chapter.

(c) In connection with a disciplinary action, the office of professional regulation may refuse to accept the return of a certificate license tendered by the subject of a disciplinary investigation.

(d) The burden of proof in a disciplinary action shall be on the state to show by a preponderance of the evidence that the person has engaged in unprofessional conduct.

(e) After hearing and upon a finding of unprofessional conduct, or upon approval of a negotiated agreement, an administrative law officer may take disciplinary action against the occupational therapist or occupational therapy assistant, or applicant. That action may include any of the following conditions or restrictions which may be in addition to or in lieu of suspension:

(1) A requirement that the person submit to care or counseling.

(2) A restriction that a certificate holder licensee practice only under supervision of a named individual or an individual with specified credentials.

(3) A requirement that an occupational therapist or occupational therapy assistant participate in continuing education as directed by the administrative law officer, in order to overcome specified deficiencies.

(4) A requirement that the certificate holder's licensee’s scope of practice be restricted to a specified extent.

(f) The administrative law officer may reinstate a revoked certificate license on terms and conditions he or she deems proper.

* * * Auricular Acupuncture * * *


(a) No Except as provided in section 3412 of this title, no person shall practice acupuncture unless he or she is licensed in accordance with the provisions of this chapter.


§ 3412. ACUPUNCTURE DETOXIFICATION; SPECIALIZED CERTIFICATION

(a) A person not licensed under this chapter may obtain a specialized certification as an acupuncture detoxification technician to practice auricular acupuncture according to the National Acupuncture Detoxification Association


protocol from the board for the purpose of the treatment of alcoholism, substance abuse or chemical dependency if he or she provides documentation of successful completion of a board-approved training program in acupuncture for the treatment of alcoholism, substance abuse or chemical dependency which meets or exceeds standards of training established by the National Acupuncture Detoxification Association.

(b) Treatment permitted under this section may only take place in a state, federal or board-approved site under the supervision of an individual licensed under this chapter and certified by the National Acupuncture Detoxification Association.

(c) A person practicing under this section shall be subject to the requirements of section 3410 of this title.

(d) Nothing in this section shall be construed to modify any of the requirements for licensure of acupuncturists contained in this chapter, nor shall it grant any rights to practice acupuncture which exceed the scope of this section.

(e) The fee for obtaining a specialized certification or renewal of a specialized certification under this section shall be that established in subsection 125(b) of Title 3.

(f) Anyone certified under this section, while practicing the National Acupuncture Detoxification Association protocol, shall be referred to as an acupuncture detoxification technician.

* * * Speech-Language Pathologists and Audiologists * * *

Sec. 48. 26 V.S.A. chapter 87 is added to read:

CHAPTER 87. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS



(1) “Audiologist” means a person licensed to practice audiology under this chapter.

(2) “Audiology” means the application of principles, methods and procedures related to hearing and the disorders of hearing and to related language and speech disorders, which includes all conditions that impede the normal process of human communication, including disorders of auditory sensitivity, acuity, function or processing.


(3) “Board” means the state board of education unless the context clearly requires otherwise.

(4) “Department” means the department of education.

(5) “Director” means the director of the office of professional regulation.

(6) “Disciplinary action” means any action taken by the administrative law officer appointed pursuant to subsection 129(j) of Title 3 against a licensee or applicant for licensure under this chapter, premised on a finding that the person has engaged in unprofessional conduct. “Disciplinary action” includes all sanctions of any kind, including obtaining injunctions, refusal to give an examination, refusal to grant or renew a license, suspension or revocation of a license, placement of limitations or restrictions upon a license, issuance of warnings, ordering restitution and other similar sanctions.

(7) “Hearing aid” means an amplifying device to be worn by a hearing - impaired person to improve hearing, including any accessories specifically used in connection with such a device, but excluding theater or auditorium wide-area listening devices, telephone amplifiers, or other devices designed to replace a hearing aid for restricted situations.

(8) “Practice of audiology” includes:

(A) facilitating the conservation of auditory system function; developing and implementing environmental and occupational hearing conservation programs;

(B) screening, identifying, assessing and interpreting, diagnosing, preventing, and rehabilitating peripheral and central auditory system dysfunctions;

(C) providing and interpreting behavioral and electro-physiological measurements of auditory, vestibular and facial nerve functions;

(D) selecting, fitting and dispensing of hearing aids, amplification, assistive listening and alerting devices, implantable devices, and other systems and providing training in their use;

(E) dispensing hearing aids, including conducting and interpreting hearing tests for the purpose of selecting suitable hearing aids;

(F) making ear molds or impressions;

(G) providing instruction to patients on the care and use of hearing aids, auditory system functions, and hearing conservation;


(H) all acts pertaining to selling, renting, leasing, pricing, delivering and giving warranties for hearing aids;

(I) providing aural rehabilitation and related counseling services to hearing-impaired individuals and their families;

(J) screening of speech-language and other factors affecting communication function for the purposes of an audiologic evaluation, or initial identification of individuals with other communication disorders; and

(K) management of cerumen.

(9) “The practice of speech-language pathology” includes:

(A) screening, identifying, assessing and interpreting, diagnosing, rehabilitating, and preventing disorders of language and speech, including disorders involving articulation, fluency, and voice;

(B) screening, identifying, assessing and interpreting, diagnosing, and rehabilitating disorders of oral-pharyngeal function, including dysphagia and related disorders;

(C) screening, identifying, assessing and interpreting, diagnosing and rehabilitating communication disorders;

(D) assessing, selecting and developing augmentative and alternative communication systems and providing training in their use;

(E) providing aural rehabilitation and related counseling services to hearing-impaired individuals and their families;

(F) enhancing speech-language proficiency and communication effectiveness, including accent reduction; and

(G) screening of hearing and other factors for the purpose of speech - language evaluation or the initial identification of individuals with other communication disorders.

(10) “Private practice” means any work performed by a licensed speech - language pathologist or audiologist that is not within the jurisdiction of the state board of education.

(11) “Secretary” means the secretary of state.

(12) “Speech-language pathologist” means a person licensed to practice speech-language pathology under this chapter.

(13) “Speech-language pathology” means the application of principles, methods and procedures related to the development and disorders of human


communication which include any and all conditions that impede the normal process of human communication.

(14) “Within the jurisdiction of the state board of education” means conduct or work performed by a licensed speech-language pathologist or audiologist on behalf of a supervisory union or public school district in Vermont or an independent school approved for special education purposes, or conduct otherwise subject to discipline under the state board of education licensing rules.

§ 4452. PROHIBITIONS; PENALTIES

(a) No person shall:

(1) practice or attempt to practice audiology or speech-language pathology or hold oneself out as being permitted to do so in this state unless the person is licensed in accordance with this chapter;

(2) use in connection with the person’s name, an insignia or any letters or words which indicate the person is an audiologist or a speech-language pathologist unless the person is licensed in accordance with this chapter; or

(3) practice audiology or speech-language pathology after the person’s license under this chapter has been suspended or revoked.

(b) A person who violates a provision of this section or who obtains a license by fraud or misrepresentation may be imprisoned not more than 90 days or fined not more than $5,000.00, or both.

§ 4453. EXEMPTIONS

The provisions of section 4452 of this title shall not apply to the following persons:

(1) A person enrolled in a course of study leading to a degree or certificate in audiology or speech-language pathology at a school accredited by the American Speech-Language Hearing Association, provided:

(A) the activities and services performed constitute part of a supervised course of study;

(B) the person is designated by a title which clearly indicates the person’s student or trainee status; and

(C) the person is under the direct supervision of an audiologist or speech-language pathologist licensed in this state.

(2) A hearing aid dispenser performing services within the scope of a license under chapter 67 of this title.


§ 4454. CONSTRUCTION

(a) This chapter shall not be construed to limit or restrict in any way the right of a practitioner of another occupation which is regulated by this state from performing services within the scope of his or her professional practice.

(b) This chapter shall not be construed to limit the authority of the state board of education to determine and evaluate the qualifications of, issue licenses to, or discipline licensees who are within the jurisdiction of the state board of education or the Vermont standards board for professional educators.

§ 4455. ADVISOR APPOINTEES

(a) The secretary, in consultation with the commissioner of education, shall appoint two individuals to serve as advisors in matters related to audiology and speech-language pathology. One advisor shall be a licensed speech-language pathologist, and one advisor shall be an audiologist. Advisors who are

speech-language pathologists or audiologists shall have not less than three years’ experience as audiologists or speech-language pathologists immediately preceding appointment, and shall be actively engaged in the practice of audiology or speech-language pathology in Vermont during incumbency. The advisors shall be appointed for staggered terms of three years, and shall serve at the pleasure of the secretary. One of the initial appointments may be for less than a three-year term.

(b) The secretary shall seek the advice of the individuals appointed under this section in matters related to qualifications or alleged misconduct not within the jurisdiction of the state board of education. The advisors shall be entitled to compensation and necessary expenses as provided in section 1010 of Title 32 for meetings called by the director.

(c) The secretary may seek the advice of other audiologists and speech - language pathologists licensed under this chapter.

§ 4456. COMMISSIONER OF EDUCATION; DUTIES

(a) The commissioner of education shall administer the application and renewal process for all licensees under this chapter, and shall:

(1) provide information to applicants for licensure under this chapter;

(2) administer fees collected under this chapter;

(3) explain appeal procedures to licensees and applicants, and explain complaint procedures to the public;


(4) explain sanctions, including license revocation and suspension, which may be imposed in disciplinary cases, the criteria by which sanctions are selected, and procedures for reinstatement where appropriate;

(5) receive applications for licensure, grant licensure under this chapter, renew licenses and deny, revoke, suspend, reinstate or condition licenses as directed by the administrative law officer;

(6) refer all complaints and disciplinary matters not within the jurisdiction of the state board of education to the secretary of state;

(7) with the advice of the advisor appointees, adopt rules necessary to implement the provisions of this chapter;

(8) prepare and maintain a registry of licensed speech-language pathologists and audiologists; and

(9) issue to each person licensed a certificate of licensure which shall be prima facie evidence of the right of the person to whom it is issued to practice as a licensed audiologist or speech-language pathologist, subject to the conditions and limitations of this chapter.

(b) The department may contract with the secretary for provision of adjudicative services of one or more administrative law officers and other investigative, legal and administrative services related to licensure and discipline of speech-language pathologists and audiologists.

§ 4457. LICENSURE; APPLICATIONS; ELIGIBILITY

Applicants for licenses under this chapter shall submit an application to the department on a form furnished by the department, along with payment of the specified fee and evidence of the eligibility qualifications established by the state board of education which shall include, at a minimum:

(1) A master’s degree or equivalent in audiology or speech-language pathology from an educational institution approved by the department with course work completed in areas specified by rule.

(2) Completion of a supervised clinical practicum, the length and content of which shall be established by rule.

(3) Completion of a period, as determined by rule, of postgraduate professional training as approved by the department.

(4) Passing an examination in audiology or speech-language pathology approved by the department, which, in the case of the audiology examination, shall include a section which is equivalent to the hearing aid dispensers examination described in section 3295 of this title. Audiologists who have


passed an examination chosen by the department are not required to take the hearing aid dispensers examination required by section 3295.

§ 4458. RENEWALS; CONTINUING EDUCATION

(a) A license shall be renewed at an interval determined by the state board of education which shall be no fewer than every two years and no more than every seven years upon payment of the renewal fee, provided the person applying for renewal completes professional development activities in accord with the processes approved by the department or the Vermont standards board for professional educators, during the interval. The board shall establish, by rule, guidelines and criteria for the renewal or reinstatement of licenses issued under this chapter.

(b) At the time interval required for renewal, the department shall forward a renewal form to each licensee. Upon receipt of the completed application and the renewal fee, the department shall issue a new license.

§ 4459. FEES

(a) Each applicant and licensee shall be subject to the following fees:

(1) Initial processing of application $35.00

(2) Issuance of initial license $35.00 per year

for the term of the license

(3) Renewal of license $35.00 per year

for the term of the renewal

(4) Replacement of license $10.00

(5) Duplicate license $3.00

(b) Fees collected under this section shall be credited to special funds established and managed pursuant to chapter 7, subchapter 5 of Title 32, and shall be available to the department to offset the costs of providing those services.

§ 4460. RECORDS AND EQUIPMENT

(a) A licensee in private practice shall maintain records relating to goods and services provided by the licensee, and, upon request, shall make such records available to the director for review. A licensee shall maintain records required to be kept under this section for a period of at least seven years from the date the goods or services were provided.


(b) A licensee shall make testing equipment available for periodic inspection by the director or the director’s designee, and shall have all testing equipment calibrated annually by the manufacturer or a qualified testing service in accordance with the American National Standards Institute specifications.

(c) The secretary shall adopt rules implementing the provisions of this section.

§ 4461. PRICES TO BE DISCLOSED

A licensee in private practice shall disclose in a clear and conspicuous manner the range of prices charged for goods and services. The disclosure schedule shall be posted in each licensee’s office, and a written copy given to each client prior to any sale. Disclosures shall be in the manner set forth by the department, by rule.

§ 4462. TERMS OF SALE; 45-DAY TRIAL PERIOD

(a) All sales contracts for equipment sold by licensees in private practice to persons in this state, including, but not limited to, hearing aids and augmentative communication devices, shall contain a clause which requires the licensee to refund the full product price of the equipment, except for the cost of ear molds and service, up to 45 days from the date of delivery of any new or substantially refabricated equipment or aid if, in the opinion of the consumer, the equipment or aid is not satisfactory. If the returned equipment or aid is damaged while in the possession of the consumer, the amount refunded shall be reduced by the reasonable amount of the damage. The equipment or aid may not be sold thereafter as new. For purposes of this subsection, “cost of service” means the actual cost of the service provided to fit the hearing aid or install or prepare the equipment, but shall not exceed five percent of the sale price or $50.00, whichever is greater.

(b) The complete terms of the sale, including the terms of the 45-day trial period, the individual prices for goods and services sold and such other information as the director may require, shall be disclosed, in writing, to the consumer before the sale is completed.

(c) If the equipment or hearing aid is in the possession of the licensee, manufacturer, repair person or their agents during the trial period, the period of time the equipment or hearing aid is in such possession shall not be included in the calculation of the 45-day trial period.

§ 4463. MAINTENANCE OF BUSINESS ADDRESS; DISPLAY OFLICENSE


A licensee in private practice shall maintain a Vermont business address, office and telephone number at which the licensee can normally be reached, and shall conspicuously display a copy of the license at each place of business the licensee maintains.


(a) A licensee or applicant shall not engage in unprofessional conduct.

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

(1) Willfully making or filing false reports or records in the practice of audiology, dispensing hearing aids or speech-language pathology, willfully impeding or obstructing the proper making or filing of reports or records, or willfully failing to file the proper report or record;

(2) Aiding or abetting a person, directly or indirectly, to commit an unauthorized practice;

(3) Giving, offering to give, or causing to be given, directly or indirectly, money or anything of value to any person who advises another in a professional capacity, as an inducement for the professional to influence others to purchase goods or services from the licensee;

(4) Advertising or making a representation which is intended or has a tendency to deceive the public, including:

(A) advertising a particular type of service, equipment or hearing aid when the particular service, equipment or hearing aid is not available;

(B) stating or implying that the use of a hearing aid will retard the progression of a hearing impairment;

(C) advertising or making any statement related to the practice of speech-language pathology or audiology which is intended to or tends to deceive or mislead the public;

(D) using or promoting or causing the use of any misleading, deceiving, improbable, or untruthful advertising matter, promotional literature, testimonial guarantee, warranty, label, brand, insignia, or any other representation;

(5) Engaging in any unfair or deceptive act or practice within the meaning of section 2453 of Title 9 relating to consumer fraud;

(6) Willfully failing to honor any representation, promise, agreement or warranty to a client or consumer;


(7) Professional negligence or malpractice;

(8) Any of the following, except when reasonably undertaken in an emergency situation in order to protect life or health:

(A) practicing or offering to practice beyond the scope permitted by law;

(B) accepting and performing professional or occupational responsibilities which the licensee knows or has reason to know the licensee is not competent to perform; or

(C) performing professional or occupational services which have not been authorized by the consumer or his or her legal representative;

(9) Failing to make available, upon request of a person using the licensee’s services, copies of records or documents in the possession or under the control of the licensee, when those records or documents have been prepared in connection with the furnishing of services or goods to the requesting persons;

(10) Sexual harassment of a patient or client;

(11) Engaging in a sexual act as defined in section 3251 of Title 13 with a patient;

(12) Conviction of a crime related to the practice of audiology or speech-language pathology;

(13) Discouraging clients or consumers in any way from exercising their right to a refund within a 45-day trial period, unreasonably delaying payment of such refunds as may be due, or deducting amounts from refunds beyond those allowed by law;

(14) Failing to inform a consumer prior to sale of a hearing aid that a medical evaluation of hearing loss prior to purchasing a hearing aid is in the consumer’s best health interest;

(15) Engaging in fraud in connection with any state or federally-assisted medical assistance programs; or

(16) Violating any of the Code of Ethics of the American Speech - Language Hearing Association.

Sec. 49. TRANSITIONAL PROVISIONS

(a) The department shall waive the education, practicum or professional training requirement set forth in section 4457 of Title 26 for applicants in private practice who meet the following conditions:


(1) Provision of proof of employment as an audiologist or speech-language pathologist in this state on the effective date of this act.

(2) Passage of the examination.

(3) Application for a license under chapter 87 of Title 26 within one year after the effective date of this act.

(b) Waivers under subsection (a) of this section shall expire five years after the effective date of this act.

(c) Notwithstanding the provisions of section 4455 of Title 26, requiring that the speech-language pathologist and audiologist advisor appointees be licensed under chapter 87 of Title 26, initial appointees shall be qualified for licensure under subdivisions 4457(1), (2) and (3) of Title 26, and shall become licensed during incumbency.

(d) Speech-language pathologists and audiologists within the jurisdiction of the board on the effective date of this act shall meet the licensure renewal requirements of the board.

Sec. 50. 26 V.S.A. § 3291(c) is added to read:

(c) Audiologists licensed pursuant to chapter 87 of this title may dispense hearing aids consistent with the requirements of that chapter. Licensed audiologists are not required to obtain a separate license to dispense hearing aids.

Sec. 51. 26 V.S.A. § 3102(b) is amended to read:

(b) The following laws are subject to review:

* * *

(28) Chapter 67 of Title 26 on hearing aid dispensers.;

(29) Chapter 79 of Title 26 on tattooists.;

(30) Chapter 81 of Title 26 on naturopathic physicians.;

(31) Chapter 83 of Title 26 on athletic trainers;

(32) Chapter 87 of Title 26 on audiologists and speech-language pathologists.

Sec. 52. 3 V.S.A. § 122(41) is added to read:

(41) Audiologists and speech-language pathologists.

Sec. 53. 16 V.S.A. § 164(5) is amended to read:


(5) Make regulations governing the licensing and qualification of all public school teachers, administrators, speech-language pathologists and audiologists as provided in chapter 87 of Title 26, and other school personnel who are subject to licensing as determined by the state board, and for the recognition of teacher or administrator licenses issued by other states which will qualify a person to teach or administer in this state, provided such other state shall recognize by substantially reciprocal regulations or laws, licenses issued by this state. A license may be revoked for cause by the state board.

* * * Auctioneers * * *

Sec. 54. 26 V.S.A. chapter 89 is added to read:

CHAPTER 89. AUCTIONEERS

§ 4601. LICENSE REVOCATION

The secretary of state may license, in writing, resident and nonresident auctioneers to sell real and personal property in the state. The secretary of state may revoke a license so granted or otherwise discipline a licensee when, in the secretary’s judgment, the public good requires.



(1) "Director" means the director of the office of professional regulation.

(2) "Disciplinary action" means any action taken by an administrative law officer established under subsection 129(j) of Title 3 against a licensed auctioneer or an applicant. It includes all sanctions of any kind, including the denial of licensure, the issuance of warnings, reprimands, conditions, suspensions or revocations of licensure.

§ 4603. PROHIBITION; PENALTY

(a) No person shall use in connection with the person's name any letters, words or insignia indicating or implying that the person is a licensed auctioneer unless the person is licensed in accordance with this chapter.

(b) A person who violates this section shall be fined not more than $1,000.00 for each occurrence.

§ 4604. DIRECTOR; DUTIES

(a) The director shall have the following duties:

(1) provide general information to applicants for licensure as auctioneers;


(2) explain appeal procedures to licensed auctioneers and applicants, and complaint procedures to the public;

(3) administer fees established by law;

(4) receive applications for licensure, issue licenses to applicants qualified under this chapter, deny or renew licenses, and issue, revoke, suspend, condition and reinstate licenses as ordered by an administrative law officer;

(5) refer complaints and disciplinary matters to an administrative law officer.

(b) The director, after consultation with the advisor appointees, may adopt rules necessary to perform the director's duties under this chapter.

§ 4605. ADVISOR APPOINTEES

(a) The secretary of state shall appoint two licensed auctioneers for

five-year terms to serve as advisors in matters relating to auctioneers. One of the initial appointments may be for less than a five-year term. Appointees shall not have less than three years' experience as an auctioneer immediately preceding appointment, and shall be actively engaged in practice as an auctioneer in Vermont during incumbency.

(b) The director shall seek the advice of the auctioneer advisors in carrying out the provisions of this chapter. The advisors shall be entitled to compensation and necessary expenses in the amount provided in section 1010 of Title 32 for attendance at any meeting called by the director for this purpose.

§ 4606. APPLICATION

A person who desires to be licensed as an auctioneer shall apply to the director, in writing, on a form furnished by the director, accompanied by payment of the required fee.

§ 4607. RENEWALS

(a) Licenses shall be renewed every two years upon payment of the required fee.

(b) Biennially, the director shall forward a renewal form to each license holder. Upon receipt of the completed form and the renewal fee, the director shall issue a new license.

(c) Any application for reinstatement of a license which has lapsed shall be accompanied by the renewal fee and the late renewal penalty. A person shall


not be required to pay renewal fees for years during which the license was lapsed.

§ 4608. CLAIMS

Final settlement of accounts between consignors of auctioned goods and any auctioneer licensed under this chapter shall be made within 30 days of the auction sale from which the consignment was made.


(a) The term “unprofessional conduct” means misusing a title in professional activities and any of the conduct listed in section 129a of Title 3, whether committed by a licensed auctioneer or an applicant.

(b) After hearing, and upon a finding of unprofessional conduct, an administrative law officer may take disciplinary action against a licensed auctioneer or applicant.

Sec. 55. REPEAL

26 V.S.A. § 1214 (limitation on funeral director reception of dead human bodies) and 32 V.S.A. c hapter 203 (auctioneers) are repealed.

Sec. 56. EFFECTIVE DATES; APPLICATION

(a) This act shall take effect on July 1, 2002, except that the provisions of section 4452 of Title 26 (prohibitions and penalties for unauthorized practice and use of title for speech-language pathologists and audiologists) shall take effect from passage.

(b) No license shall be issued under sections 48-53 of this act prior to July 1, 2003.

Pending the question, Shall the House propose to the Senate to amend the bill as moved by Rep. Atkins of Winooski? Rep. Hube of Londonderry moved that action be postponed until the next legislative day, which was agreed to.

Proposals of Amendment Agreed to; Action Postponed

S. 8


An act relating to benefits for survivors of firefighters;

Was taken up and pending third reading of the bill, Reps. DePoy of Rutland City, Allaire of Rutland City, Baker of West Rutland, Carey of Chester, Crawford of Burke, Crowley of West Rutland, Duffy of Rutland City, Flory of Pittsford, Goodridge of Albany, Gray of Barre Town, Haas


of Rutland City, Hall of Newport City, Helm of Castleton, Hudson of Lyndon, Kennedy of Chelsea, Kilmartin of Newport City, Larose of Richford, Lavoie of Swanton, Myers of Essex, Otterman of Topsham, Quaid of Williston, Peaslee of Guildhall, Pike of Mendon, Randall of Bradford, Schiavone of Shelburne, Shaw of Derby, Sheltra of Derby, Stevens of Essex, Valliere of Barre City, Weeks of Wallingford, Winters of Swanton, Winters of Williamstown and Wood of Brandon moved to amend the House proposal of amendment as follows:

First: In Sec. 1, 20 V.S.A. § 3171, by striking subdivisions (7) and (8) and inserting in lieu thereof the following subdivisions:

(7) “Spouse” means the individual joined in a lawful marriage with a firefighter from whom there has not been obtained a judicial separation, annulment, or divorce prior to the firefighter’s death.

(8) “Party to civil union” means the individual joined in a lawful civil union with a firefighter from whom there has not been obtained a judicial separation, annulment, or dissolution prior to the firefighter’s death.

(9) “Survivor” means a spouse, party to civil union, child or parent of a firefighter.

Second: In the remaining sections of the bill, by striking the word “spouse” wherever it appears, and inserting in lieu thereof the following: “spouse or party to civil union”

Pending the question, Shall the House amend the House proposal of amendment as recommended by Reps. DePoy of Rutland City, et al? Rep. Little of Shelburne moved to substitute an amendment for the pending amendment as follows:

In Sec. 1. § 3171, by striking subdivision (7) in its entirety and by renumbering the remaining subdivision

Pending the question, Shall the House substitute the an amendment offered by Rep. Little of Shelburne for the amendment offered by Reps. DePoy of Rutland City, et al? Rep. Paquin of Fairfax demanded the Yeas and Nays, which demand was sustained by the Constitutional number. The Clerk proceeded to call the roll and the question, Shall the House substitute the amendment offered by Rep. Little of Shelburne for the amendment offered by Reps. DePoy of Rutland City, et al? was decided in the affirmative. Yeas, 78. Nays, 57.

Those who voted in the affirmative are:Alfano of Calais Amidon of Charlotte Anderson of Woodstock


Aswad of BurlingtonAtkins of WinooskiAudette of South BurlingtonBohi of HartfordBrooks of MontpelierBrown of WaldenColvin of BenningtonConnell of WarrenCross of WinooskiDakin of ColchesterDarrow of NewfaneDarrow of DummerstonDeen of WestminsterDePoy of Rutland CityDonovan of BurlingtonDostis of WaterburyDoyle of RichmondDriscoll of BurlingtonEmmons of SpringfieldEndres of MiltonFisher of LincolnGeorge of MiddleburyGrad of MoretownHeath of WestfordHingtgen of Burlington

Hooker of Rutland CityHummel of UnderhillJordan of MiddlesexKainen of HartfordKeenan of St. Albans CityKeogh of BurlingtonKiss of BurlingtonKitzmiller of MontpelierLaBarge of Grand IsleLarson of BurlingtonLippert of HinesburgLittle of ShelburneLivingston of ManchesterMackinnon of SharonMarron of StoweMasland of ThetfordMazur of South BurlingtonMetzger of MiltonMilkey of BrattleboroMiller of ShaftsburyMolloy of ArlingtonMonti of Barre CityNitka of LudlowNuovo of MiddleburyO'Donnell of Vernon

Obuchowski of RockinghamOsman of PlainfieldPaquin of FairfaxPartridge of WindhamPillsbury of BrattleboroPugh of South BurlingtonRogers of CastletonRusten of HalifaxRyan of WalthamSeibert of NorwichSeverance of ColchesterSweaney of WindsorSymington of JerichoTracy of BurlingtonVincent of WaterburyVinton of ColchesterVoyer of MorristownWaite of PawletWebster of BrattleboroWestman of CambridgeWheeler of BurlingtonWoodward of JohnsonWright of BurlingtonYoung of OrwellZuckerman of Burlington

Those who voted in the negative are:Allaire of Rutland CityAllard of St. Albans TownAngell of RandolphBaker of West RutlandBolduc of BartonBostic of St. JohnsburyBourdeau of Hyde ParkCarey of ChesterClark of St. JohnsburyCleland of NorthfieldCrowley of West RutlandDuffy of Rutland CityFlory of PittsfordFollett of SpringfieldGervais of EnosburgGoodridge of AlbanyGray of Barre TownHaas of Rutland CityHall of Newport City

Helm of CastletonHouston of FerrisburghHowrigan of FairfieldHube of LondonderryHudson of LyndonKennedy of ChelseaKilmartin of Newport CityKirker of EssexKoch of Barre TownKrawczyk of BenningtonLarocque of BarnetLarose of RichfordLarrabee of DanvilleMann of LeicesterMorrissey of BenningtonMullin of Rutland TownMyers of EssexOtterman of TopshamPalmer of Pownal

Peaslee of GuildhallPembroke of BenningtonPike of MendonQuaid of WillistonRosenquist of GeorgiaSchaefer of ColchesterSchiavone of ShelburneScribner of BristolShaw of DerbySheltra of DerbyStevens of EssexSweetser of EssexTowne of BerlinValliere of Barre CityWebster of RandolphWillett of St. Albans CityWinters of SwantonWinters of WilliamstownWood of Brandon

Those members absent with leave of the House and not voting are:Adams of Hartland Barney of Highgate Bolognani of Readsboro


Crawford of BurkeDavis of CavendishJohnson of CanaanKetchum of Bethel

LaVoie of SwantonMaslack of PoultneyRandall of BradfordReese of Pomfret

Smith of New HavenStarr of TroyWeeks of Wallingford

Rep. DePoy of Rutland City explained his vote as follows:

“Mr. Speaker:

In order to avoid two hours of wasting taxpayers’ money debating this issue, I vote yes. Rest assured, whenever it is attempted to define, specifically in state law, what a spouse is, we will be watching closely.”

Rep. Vinton of Colchester explained his vote as follows:

“Mr. Speaker:

I suspect this is the last time I will ever have the chance to support the Civil Union law as a member of the Vermont House of Representatives. I am pleased to have the chance to vote yes, once again, to support this law.”

Pending the question, Shall the House amend the House proposal of amendment as offered by Rep. Little of Shelburne? Rep. Lippert of Hinesburg demanded the Yeas and Nays, which demand was sustained by the Constitutional number. The Clerk proceeded to call the roll and the question, Shall the House amend the House proposal of amendment as offered by Rep. Little of Shelburne? was decided in the affirmative. Yeas, 133. Nays, 1.

Those who voted in the affirmative are:Alfano of CalaisAllaire of Rutland CityAmidon of CharlotteAnderson of WoodstockAngell of RandolphAswad of BurlingtonAtkins of WinooskiAudette of South BurlingtonBaker of West RutlandBohi of HartfordBolduc of BartonBostic of St. JohnsburyBourdeau of Hyde ParkBrooks of MontpelierBrown of WaldenCarey of ChesterClark of St. JohnsburyCleland of NorthfieldColvin of BenningtonConnell of Warren

Cross of WinooskiCrowley of West RutlandDakin of ColchesterDarrow of NewfaneDarrow of DummerstonDeen of WestminsterDePoy of Rutland CityDonovan of BurlingtonDostis of WaterburyDoyle of RichmondDriscoll of BurlingtonDuffy of Rutland CityEmmons of SpringfieldEndres of MiltonFisher of LincolnFlory of PittsfordFollett of SpringfieldGeorge of MiddleburyGervais of EnosburgGoodridge of Albany

Grad of MoretownGray of Barre TownHaas of Rutland CityHall of Newport CityHeath of WestfordHelm of CastletonHingtgen of BurlingtonHooker of Rutland CityHouston of FerrisburghHowrigan of FairfieldHube of LondonderryHudson of LyndonHummel of UnderhillJordan of MiddlesexKainen of HartfordKeenan of St. Albans CityKennedy of ChelseaKeogh of BurlingtonKetchum of BethelKilmartin of Newport City


Kirker of EssexKiss of BurlingtonKitzmiller of MontpelierKoch of Barre TownKrawczyk of BenningtonLaBarge of Grand IsleLarocque of BarnetLarose of RichfordLarrabee of DanvilleLarson of BurlingtonLaVoie of SwantonLippert of HinesburgLittle of ShelburneLivingston of ManchesterMackinnon of SharonMann of LeicesterMarron of StoweMasland of ThetfordMazur of South BurlingtonMetzger of MiltonMilkey of BrattleboroMiller of ShaftsburyMolloy of ArlingtonMonti of Barre CityMorrissey of Bennington

Mullin of Rutland TownMyers of EssexNitka of LudlowNuovo of MiddleburyO'Donnell of VernonObuchowski of RockinghamOsman of PlainfieldOtterman of TopshamPaquin of FairfaxPartridge of WindhamPeaslee of GuildhallPembroke of BenningtonPike of MendonPillsbury of BrattleboroPugh of South BurlingtonQuaid of WillistonRogers of CastletonRosenquist of GeorgiaRusten of HalifaxRyan of WalthamSchaefer of ColchesterSchiavone of ShelburneSeibert of NorwichSeverance of ColchesterShaw of Derby

Sheltra of DerbySmith of New HavenStevens of EssexSweaney of WindsorSymington of JerichoTowne of BerlinTracy of BurlingtonValliere of Barre CityVincent of WaterburyVinton of ColchesterVoyer of MorristownWaite of PawletWebster of BrattleboroWebster of RandolphWestman of CambridgeWheeler of BurlingtonWillett of St. Albans CityWinters of SwantonWinters of WilliamstownWoodward of JohnsonWright of BurlingtonYoung of OrwellZuckerman of Burlington

Those who voted in the negative are:Sweetser of Essex

Those members absent with leave of the House and not voting are:Adams of HartlandAllard of St. Albans TownBarney of HighgateBolognani of ReadsboroCrawford of Burke

Davis of CavendishJohnson of CanaanMaslack of PoultneyPalmer of PownalRandall of Bradford

Reese of PomfretScribner of BristolStarr of TroyWeeks of WallingfordWood of Brandon

Pending third reading of the bill, Rep. Gervais of Enosburg moved to amend the House proposal of amendment as follows:

In Sec. 1. § 3171, by striking subdivisions (4) and (5) in their entirety and inserting in lieu thereof new subdivisions (4) and (5) to read as follows:

(4) “Line of duty” means:

(A) answering or returning from a call of the department for a fire, or emergency or training drill; or

(B) similar service in another town or district to which the department has been called for firefighting or emergency purposes.


(5) “Occupation-related illness” means a disease that directly arises out of, and in the course of, service, including a heart injury or disease symptomatic within 72 hours from the date of last service in the line of duty, which shall be presumed to be incurred in the line of duty.

Which was agreed to.

Pending third reading of the bill, Rep. Otterman of Topsham moved to amend the House proposal of amendment as follows:

In Sec. 1, 20 V.S.A. § 3171, by striking subdivision (3) in its entirety and inserting in lieu thereof a new subdivision (3) to read as follows:

(3) “Firefighter” means a person employed by, or an authorized volunteer of, the state of Vermont or a municipality of the state, including any fire district or non-profit fire department incorporated under the laws of the state which provides fire protection services to a Vermont municipality, whose primary duties as an employee or authorized volunteer are to prevent and eradicate emergencies.

Pending the question, Shall the House amend the House proposal of amendment as offered by Rep. Otterman of Topsham? Rep. Paquin of Fairfax moved to amend the amendment offered by Rep. Otterman of Topsham, as follows:

In Sec. 1, (3), in the last line, by striking the word “eradicate” and inserting in lieu thereof the words respond to.

Which was agreed to.

Pending the question, Shall the House amend the House proposal of amendment as recommended by Rep. Otterman of Topsham, as amended? Rep. Waite of Pawlet moved that further action be postponed until the next legislative day, which was agreed to.

Rules Suspended; Senate Proposal of Amendment Concurred in

H. 760

On motion of Rep. Doyle of Richmond, the rules were suspended and House bill, entitled

An act relating to compensation and benefits for certain state employees, and the creation of a process for review of compensation and benefits adjustments;

Appearing on the Calendar for notice, was taken up for immediate consideration.


The Senate proposed to the House to amend the bill as follows:

First: By adding a new Sec. 5a to read as follows:

Sec. 5a. 3 V.S.A. § 459(d)(2) is amended to read:

(2) Upon early retirement, a group F member, except facility employees of the department of corrections, department of corrections employees who provide direct security and treatment services to offenders under supervision in the community and Woodside facility employees, shall receive an early retirement allowance which shall be equal to the normal retirement allowance reduced by one-half of one percent for each month the member is under age 62 at the time of early retirement. Group F members who have 20 years of service as facility employees of the department of corrections, as department of corrections employees who provide direct security and treatment services to offenders under supervision in the community or as Woodside facility employees or as Vermont state hospital employees who provide direct patient care shall receive an early retirement allowance which shall be equal to the normal retirement allowance at age 55 without reduction; provided the 20 years of service occurred in one or more of the following capacities as an employee of the department of corrections, or Woodside facility or Vermont state hospital: facility employee, community service center employee or court and reparative service unit employee.

Second: By adding a new Sec. 5b to read as follows:

Sec. 5b. 3 V.S.A. § 471(a) is amended to read:

(a) The general administration and responsibility for the proper operation of the retirement system and for making effective the provisions of this subchapter are hereby vested in a board of six eight trustees, known as the retirement board. The board shall consist of the governor or his or her designated representative, the state treasurer, the commissioner of personnel, and the commissioner of finance and management, three members of the Vermont state employees’ association who are members of the system, each to be elected by such association for a term of two years, and one retired state employee who is a beneficiary of the system, to be elected by the Vermont retired state employees’ association for a term of two years. If a vacancy occurs in the office of an elected member, the vacancy shall be filled for the unexpired term in the same manner as the office was previously filled. In the absence of an elected member of the state employees’ association or the retired state employees’ association, the respective association may designate a deputy to attend the meetings.

Third: By striking out Sec. 6 in its entirety and inserting a new Sec. 6 to read as follows:


Sec. 6. EARLY RETIREMENT EXTENSION

If the secretary of administration determines that an extension previously granted under the provisions of Sec. 2 of No. 76 of the Acts of 1996 (Early Retirement Offering), and extended under the provisions of Sec. 57 of No. 66 of the Acts of 1998 and Sec. 5 of No. 145 and Sec. 26 of No. 158 of the Acts of 2000, should be further extended in the interests of the state, an additional extension may be offered, provided the recipient of the extension terminates service on or before July 1, 2003. Upon retirement, an employee subject to such extension shall be entitled to the benefits under this act.

Fourth: By adding a new Sec. 11b to read as follows:

Sec. 11b. VERMONT MUNICIPAL EMPLOYEES’ RETIREMENT BOARD; BENEFIT INCREASES

The Vermont municipal employees’ retirement board is authorized to implement increases in retired members’ benefits, effective January 1, 2003, that are equal to the aggregate percentage increase in the accrued benefits of active members of the system as of July 1, 2002, resulting from the increase in the accrual rate for group A service earned through June 30, 1987, to 1.4 percent of average final compensation. The increases granted shall reflect retired members’ periods of contributory service through June 30, 1987. The board shall determine the method in which this increase is implemented.

Fifth: By adding new Secs. 13 and 14 to the bill to read:

Sec. 13. APPROPRIATION; LEGISLATURE; 2002 SESSION

(a) There is appropriated to the legislature from the general fund in fiscal year 2002 the amount of $400,000.00 for costs of the 2002 legislative session incurred after May 4, 2002.

(b) After May 18, 2002, for the remainder of the 2002 legislative session, a member of the House of Representatives or the Senate shall be entitled to compensation for services and reimbursement of expenses at the daily rate established in sections 1051 and 1052 of Title 32. A member shall be entitled to this compensation and reimbursement for attendance at a session of the House or Senate, or for attendance in Montpelier at a meeting of a conference committee on any day other than a day on which the respective houses shall sit, whether or not the member is an appointed member of the conference committee. In no event shall a member receive compensation for services for more than five days in any week.

Sec. 14. EFFECTIVE DATE

Section 13 of this act shall take effect from passage.


Which proposal of amendment was considered and concurred in.

Rules Suspended; Report of Committee of Conference Adopted

S. 243

On motion of Rep. Tracy of Burlington, the rules were suspended and Senate bill, entitled

An act relating to a cardiovascular health coalition;


The Speaker placed before the House the following Committee of Conference report:

To the Senate and House of Representatives:

The Committee of Conference to which were referred the disagreeing votes of the two Houses upon the bill respectfully reports that it has met and considered the same and recommends that the House recede from its proposals of amendment and that the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. LEGISLATIVE FINDINGS

The General Assembly finds that heart disease is the leading cause of death and stroke is the third-leading cause of death in the United States, and physical inactivity is the single greatest risk factor for this disease. Physical inactivity has great personal and social consequences. One in four adults in the United States is obese, and more than 60 percent of Americans are overweight. Increasing opportunities for physical activity and healthy nutrition in a community can have enormous benefits for society and can lower greatly health care costs.


§ 11. CARDIOVASCULAR HEALTH; COALITION

The department of health shall:

(1) Form a coalition to be known as “champps,” coalition for healthy activity, motivation and prevention programs.

(2) Include in the coalition interested parties that initially address cardiovascular disease and stroke risk factors, including, but not limited to: legislators; the commissioners, or their respective designees, of state agencies, such as the departments of agriculture, food and markets, education, forests, parks and recreation, public safety, and transportation; municipalities;


representatives of the business community; the governor’s council on physical fitness and sports; the University of Vermont College of Medicine; hospitals; agricultural and nutritional initiatives; and organizations whose missions are associated with promoting heart health and reducing heart disease and stroke, such as the American Cancer Society, the Diabetes Association, and the Heart Association. As needed, coalition members shall provide technical assistance, data sources, model intervention programs, entry into organizations and populations, and promotional support.

(3) Meet, gather testimony and other information, and hold public hearings as necessary to develop the capacity to define the cardiovascular disease and stroke burden on the state, and publish a cardiovascular disease and stroke burden document, which shall include:

(A) a description of the burden of cardiovascular disease and stroke and related risk factors;

(B) a description of the geographic and demographic distribution of cardiovascular disease and stroke;

(C) identification of trends in cardiovascular disease and stroke, including trends in mortality, age of onset of disease, and age at death; and

(D) mortality data, hospital discharge data, and behavioral risk factor surveillance system data.

(4) Develop an inventory of policy and environmental supports related to cardiovascular and stroke risk factors.

(5) Develop a cardiovascular and stroke health state plan, using Healthy Vermonters 2010 as a framework. The plan shall be submitted to the governor, the secretary of human services, and the general assembly on or before December 1, 2004, and shall include:

(A) a summary of the burdens of cardiovascular disease on the state;

(B) challenges or obstacles to chronic disease prevention that require legislative, administrative, and community solutions;

(C) strengths and successes contributing to chronic disease prevention;

(D) risk factors associated with chronic disease;

(E) strategies for promoting cardiovascular health, and reducing the burden of cardiovascular disease and related risk factors;

(F) the needs of priority populations; and


(G) any other information relevant to eligibility for funding from the United States Department of Health and Human Services, Centers for Disease Control and Prevention, or from other public or private sources, to support cardiovascular health programs.


§ 5248. ANATOMICAL GIFT REGISTRY

(a) The department of health, in coordination with the department of motor vehicles, shall develop and maintain a registry identifying persons who have authorized a document of an anatomical gift. The registry shall be maintained in a secured database that provides authorized organ procurement organizations, tissue banks, and eye banks immediate access to the registry at all times. All persons entered in the registry shall have the right to revoke or amend their document of gift as provided in this chapter. In no event shall the data be accessed or used for any purpose unrelated to the making of anatomical gifts.

(b) The commissioner is authorized to contract with a qualified entity to assist with the development and maintenance of the anatomical gift registry, and to secure grants from public and private sources and to receive and disburse funds which are assigned, donated, or bequeathed to the department, to cover the costs of the registry.

(c) The commissioner of health and the commissioner of motor vehicles shall adopt rules pursuant to chapter 25 of Title 3 for implementing their respective roles in the development and maintenance of the registry, including interdepartmental coordination, and the security of, and limitations on, access to the computerized data. The registry shall be implemented, and a report to the legislature shall be submitted, on or before January 15, 2003.

Committee on the part of Committee on the part ofthe House the Senate

Re. Cheryl Hooker Sen. Virginia LyonsRep. Kinny Connell Sen. William DoyleRep. Mathew Stevens Sen. Sara Kittell

Which was considered and adopted on the part of the House.

Rules Suspended; Report of Committee of Conference Adopted

S. 249

On motion of Rep. Doyle of Richmond, the rules were suspended and Senate bill, entitled


An act relating to bail;


The Speaker placed before the House the following Committee of Conference report:

To the Senate and House of Representatives:

The Committee of Conference to which were referred the disagreeing votes of the two Houses upon the bill, respectfully reports that it has met and considered the same and recommends that the Senate accede to the House proposal of amendment.

Committee on the part of Committee on the part ofthe House the Senate

Rep. Michael Kainen Sen. John CampbellRep. Margaret Flory Sen. Ann CummingsRep. Avis Gervais Sen. Vincent Illuzzi

Which was considered and adopted on the part of the House.

Bills Messaged to Senate Forthwith

On motion of Rep. Tracy of Burlington, the rules were suspended and the following bills were ordered messaged to the Senate forthwith:

H. 760

House bill, entitled

An act relating to compensation and benefits for certain state employees, and the creation of a process for review of compensation and benefits adjustments;

S. 243


An act relating to a cardiovascular health coalition;

S. 249


An act relating to bail;

Recess

At twelve o’clock and twelve minutes in the afternoon, the Speaker declared a recess until the fall of the gavel.


Afternoon

At three o’clock and ten minutes in the afternoon, the Speaker called the House to order.

Message from Governor

A message was received from His Excellency, the Governor, by Ms. Kate O’Connor, Secretary of Civil and Military Affairs, as follows:

Mr. Speaker:

I am directed by the Governor to inform the House that on the twenty-third day of May, 2002, he approved and signed bills originating in the House of the following title:

H. 450 An act relating to eel fishingH. 625 An act relating to authorizing certain material to be placed on

motor vehicle windshieldsH. 646 An act relating to providing adjustments in the amounts

appropriated for support of governmentH. 647 An act relating to repealing the law that allows a minority of

the citizens of a municipality to require that a municipal bylaw may be only amended upon obtaining a two-thirds vote in favor of an amendment.

Message from the Senate No. 76

A message was received from the Senate by Mr. Marshall, its Assistant Secretary, as follows:

Mr. Speaker:

I am directed to inform the House that the Senate has considered House proposals of amendment to Senate bills of the following titles:

S. 62. An act relating to unwanted telephone solicitations.

S. 229. An act relating to installation of an object in lieu of an air bag.

And has concurred therein.

The Senate has on its part adopted a joint resolution of the following title:

J.R.S. 144. Joint resolution relating to weekend adjournment.

In the adoption of which the concurrence of the House is requested.

The Senate has considered House proposal of amendment to Senate bill entitled:

S. 298. An act relating to crimes and procedures involving terrorism.


And has refused to concur therein and asks for a Committee of Conference upon the disagreeing votes of the two Houses;

The President announced the appointment as members of such Committee on the part of the Senate:

Senator SearsSenator CampbellSenator Bloomer

Joint Resolution Adopted in Concurrence

J.R.S. 144

Joint resolution, entitled

Joint resolution relating to weekend adjournment;

By Senator Shumlin,

Resolved by the Senate and House of Representatives:

That when the two Houses adjourn on Friday, May 24, 2002, it be to meet again no later than Tuesday, May 28, 2002, at ten o’clock in the forenoon.

Was taken up read and adopted in concurrence.

Committee of Conference Appointed

S. 298

Pursuant to the request of the Senate for a Committee of Conference on the disagreeing votes of the two Houses on Senate bill, entitled

An act relating to crimes and procedures involving terrorism;

The Speaker appointed as members of the Committee of Conference on the part of the House:

Rep. Otterman of Topsham Rep. Kennedy of Chelsea Rep. Kilmartin of Newport City

Adjournment

At three o’clock and thirty minutes in the afternoon, on motion of Rep. LaBarge of Grand Isle, the House adjourned until tomorrow at ten o’clock in the forenoon.

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