Act No. 158 Page 1 of 3
2024
This act summary is provided for the convenience of the public and members of the General Assembly. It
is intended to provide a general summary of the act and may not be exhaustive. It has been prepared by the
staff of the Office of Legislative Counsel without input from members of the General Assembly. It is not
intended to aid in the interpretation of legislation or to serve as a source of legislative intent.
Act No. 158 (H.870). An act relating to professions and occupations regulated by the Office
of Professional Regulation
Subjects: Professions and occupations
This act makes miscellaneous changes to statutes regulating certain professions and
occupations under the charge of the Office of Professional Regulation (“OPR”).
General Provisions of the Office of Professional Regulation
Sec. 1 amends 3 V.S.A. § 127 (unauthorized practice) so that funds derived from
civil penalties for violations involving the unauthorized practice of regulated
professions, which are deposited in the Professional Regulatory Fund, no longer need
to be expended only on “providing education and training for board members and
advisor appointees.”
Sec. 1a amends 3 V.S.A. § 123 (duties of office), allowing OPR to inquire into the
criminal background histories for psychologist license applicants.
Sec. 2 amends 3 V.S.A. § 129a (unprofessional conduct) to include ‘impeding an
inspection’ in what constitutes “unprofessional conduct.”
Naturopathic Physicians Filing of Birth and Death Certificates
Sec. 2a amends 18 V.S.A. § 4999 (definitions), enabling naturopathic physicians to
sign death certificates.
Sec. 2b amends 18 V.S.A. § 5071 (birth certificates; who to make; return), enabling
naturopathic physicians to file a report of birth.
Naturopathic Physicians Filing Technical Advisory Group
Sec. 2c creates the Naturopathic Physicians Technical Advisory Group to discuss
the potential integration of naturopathic physicians into statewide policies regarding
Vermont’s Patient Choice at End of Life laws (18 V.S.A. chapter 113), do not
resuscitate (DNR) orders and advanced directives, and the creation of clinician orders
for life-sustaining treatment (COLST). The Technical Advisory Group shall also
consider the requirements of integrating naturopathic physicians into statewide
policies.
Barbers and Cosmetologists
In general, Secs. 3–8 amend statutes regulating barbering and cosmetology so that
“esthetics and manicuring” are included as well.
Sec. 3 amends 26 V.S.A. § 271 (definitions) the definition of “esthetics,” and
specifically excludes: “any practice, activity, or treatment that constitutes the practice
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of medicine . . . including injections of any substance and the use of lasers; or the
application of permanent cosmetics.” The definition of “shop” is also modified to be
“a facility or facilities regularly used to offer or provide barbering, cosmetology,
esthetics, or manicuring.”
Sec. 4 amends 26 V.S.A. § 272 (prohibitions; offenses) so that a person may not
practice esthetics and manicuring without a license, like barbering or cosmetology.
Similarly, a person cannot let this occur in their shop.
Sec. 5 amends 26 V.S.A. § 276 (general powers and duties of the director) so that
the Director of OPR shall adopt rules for the sanitary and safety standards for shops
and practice of esthetics and manicuring without a license, like barbering or
cosmetology.
Sec. 6 amends 26 V.S.A. § 282 (shop; license) so that the practice of esthetics and
manicuring may only be permitted in licensed shops, like barbering or cosmetology.
Sec. 7 amends 26 V.S.A. § 283 (examination) so that licensing examinations be in
whatever form approved by the OPR Director rather than necessarily be “both
practical demonstrations and written or oral tests.”
Sec. 8 amends 26 V.S.A. § 284 (issuance of license) so that shops offering esthetics
and manicuring that have paid their fees and are in compliance with OPR rules shall
be issued a license, like barbering or cosmetology shops.
Nursing
Sec. 9 modifies the placement of subchapter titles concerning nursing statutes, so
the chapter (26 V.S.A. chapter 28 (nursing)) is amended as a whole. Sections 1622–
1628 are moved from subchapter 4 (nursing assistants) to subchapter 3 (registered
nurses and practical nurses). It will be clearer that statutes regarding licensure
examination, endorsement, and renewal apply to both registered nurses and practical
nurses. Sec. 9 also creates consistency in terminology by changing “active practice
requirements” to “continued competency requirements.”
Osteopathy
Sec. 10 amends 26 V.S.A. § 1753 (exemptions) so that enrolled osteopathy students
may practice in supervised clinical training programs.
Radiology
Sec. 11 amends 26 V.S.A. § 2801 (definitions) so that “holders of limited
temporary licenses to practice medicine” are included as regulated licensed radiology
practitioners.
Sec. 12 amends 26 V.S.A. § 2803 (exemptions) so that “holders of limited
temporary licenses to practice medicine” are not prohibited from practicing radiology.
Tattooists and Body Piercers
In general, Secs. 13–17 amend statutes regulating tattooing and body piercing so
that “permanent cosmetics” are included as well.
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Sec. 13 amends 26 V.S.A. § 4101 (definitions) to remove definitions for
“disciplinary action” and “special panel,” and to modify the definition of “shop” to
include the practice of permanent cosmetics. Note: An administrative law officer
could still take disciplinary action against a licensed electrologist or applicant,
pursuant to 26 V.S.A. § 4411 and 3 V.S.A. § 129.
Sec. 14 amends 26 V.S.A. § 4103 (Director; function; Commissioner of Health;
rules) so that the Director of OPR may adopt rules pertaining to tattooist, body piercer,
and permanent cosmetologist apprenticeships and shops.
Sec. 15 amends 26 V.S.A. § 4104 (advisor appointees) so that the Secretary of
State will appoint three advisors, which shall include one licensed operator practicing
tattooing, one licensed operator practicing body piercing, and one licensed operator
practicing permanent cosmetics.
Sec. 16 amends 26 V.S.A. § 4105 (license requirements) so that the OPR Director
may adopt rules to require additional information to prove completion of an
apprenticeship for tattooists, body piercers, and permanent cosmetologists. Subsection
(d) is modified so that all shops shall designate a supervisor who is at least one of the
professions being practiced in the shop, be it tattooing, body piercing, or permanent
cosmetics, rather than a designee from each category. Subdivision (d)(4) permits
stand-alone licensed permanent cosmetic shops and cosmetology shops to practice
permanent cosmetics. Subdivision (d)(6) requires shops to notify OPR of any location
changes, which may trigger a new inspection.
Sec. 17 amends 26 V.S.A. § 4108 (unprofessional conduct) removes from what
constitutes unprofessional conduct “addiction to narcotics, habitual drunkenness, or
rendering professional services to a client if the operator is intoxicated or under the
influence of drugs.” It also removes subsection (c) regarding disciplinary action. But,
again, an administrative law officer could still take disciplinary action against a
licensee pursuant to 26 V.S.A. § 4411 and 3 V.S.A. § 129.
Electrologists
Sec. 18 amends 26 V.S.A. § 4402 (definitions), changing the definition of
“electrology” and clarifying that the use of lasers is to be “solely for the purpose of
hair removal” and excluding any practice, activity, or treatment that constitutes the
practice of medicine (including injections and permanent cosmetics).
Office of Professional Regulation Funding Structure Study
Sec. 18a directs OPR to conduct a study reviewing the funding structure of their
office and report to the General Assembly with an assessment of the benefits and
challenges of the current funding model for the Office of Professional Regulation, as
established in 3 V.S.A. § 124 (Professional Regulatory Fee Fund), and with any
recommendations for alternative models for funding the Office of Professional
Regulation.
Effective Date: June 6, 2024
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Statutes affected:
As Introduced: 3-127, 3-129a, 26-271, 26-272, 26-276, 26-282, 26-283, 26-284, 26-28, 26-1753, 26-2801, 26-2803, 26-4101, 26-4103, 26-4104, 26-4105, 26-4108, 26-4402
As Passed By the House -- Official: 3-127, 3-129a, 26-271, 26-272, 26-276, 26-282, 26-283, 26-284, 26-28, 26-1753, 26-2801, 26-2803, 26-4101, 26-4103, 26-4104, 26-4105, 26-4108, 26-4402
As Passed By the House -- Unofficial: 3-127, 3-129a, 26-271, 26-272, 26-276, 26-282, 26-283, 26-284, 26-28, 26-1753, 26-2801, 26-2803, 26-4101, 26-4103, 26-4104, 26-4105, 26-4108, 26-4402
As Passed by Both House and Senate -- Official: 3-127, 3-129a, 18-4999, 18-5071, 26-271, 26-272, 26-276, 26-282, 26-283, 26-284, 26-28, 26-1753, 26-2801, 26-2803, 26-4101, 26-4103, 26-4104, 26-4105, 26-4108, 26-4402
As Passed by Both House and Senate -- Unofficial: 3-127, 3-129a, 18-4999, 18-5071, 26-271, 26-272, 26-276, 26-282, 26-283, 26-284, 26-28, 26-1753, 26-2801, 26-2803, 26-4101, 26-4103, 26-4104, 26-4105, 26-4108, 26-4402
As Enacted: 3-127, 3-129a, 18-4999, 18-5071, 26-271, 26-272, 26-276, 26-282, 26-283, 26-284, 26-28, 26-1753, 26-2801, 26-2803, 26-4101, 26-4103, 26-4104, 26-4105, 26-4108, 26-4402