Act No. 69 Page 1 of 2
2021
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. 69 (H.289). Professions and occupations; Office of Professional Regulation
An act relating to professions and occupations regulated by the Office of
Professional Regulation
This act contains new provisions for the regulation of professions and
occupations by the Office of Professional Regulation (OPR) as well as some
general updates to the OPR statutes. Specifically:
Sec. 1 updates the list of professions and occupations regulated by OPR and
revises this statutory provision to change the Director of OPR position from an
exempt position to a classified position.
Sec. 2 amends the duties of OPR to include evaluating certain apprenticeship
programs for equivalence to State credentialing standards and recognizing
completion of qualifying programs as a path to licensure. This section also
clarifies that application for, or renewal of, a specialty designation may be a
triggering event for a federal background check in specific professions such as
nursing and private security.
Sec. 3 amends provisions relating to the powers of boards or the director in
advisor professions relating to the discipline process.
Sec. 4 adds to the general definitions of unprofessional conduct, applicable to
all OPR licensees in all fields, “engaging in conduct of a character likely to
deceive, defraud, or harm the public.”
Sec. 5 creates new standards of unprofessional conduct in the regulation of
pharmacies.
Sec. 6 removes Chinese herbology as a required subject on the licensure
examination for acupuncturists.
Sec. 7 authorizes cosmetology shops that offer permanent cosmetics by a
licensed tattooist to engage in tattoo practice without being required to pay for an
additional tattoo shop license.
Sec. 8 allows nursing home administrators in training to be supervised
remotely through June 30, 2023.
Secs. 9–12 transfer the licensure of well drillers from the responsibility of the
Department of Environmental Conservation’s groundwater coordinating
committee to OPR.
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Secs. 13 and 14 transfer the appeals process for appeals of educator discipline
hearing decisions from the Agency of Education to OPR and require OPR and the
Agency of Education to continue to review if the further transfer of the
investigation, prosecution, and disciplinary process for educators from the
Agency of Education to OPR would lead to efficiency and transparency of the
regulatory process and increase public protection.
Secs. 15–17 add new provisions relating to the regulation of boxing and mixed
martial arts (MMA). Specifically:
• Sec. 15 creates a new chapter in Title 26 (professions and
occupations) for the regulation of Boxing (subchapter 1) and
Mixed Martial Arts (subchapter 2) and outlines new regulations for
MMA events and licensure for participants, contestants, and
promoters in subchapter 2.
• Sec. 15a removes the references to MMA in the definitions section
of the Boxing subchapter for consistency with the provisions of the
MMA subchapter.
• Sec. 16 redesignates the Boxing chapter provisions in Title 31 into
the new Boxing subchapter in Title 26.
• Sec. 17 directs the Office of Legislative Counsel to make
conforming revisions consistent with this act.
Sec. 18 clarifies that OPR’s uniform process for endorsement can be made
notwithstanding any other statute or rule to the contrary.
Sec. 19 revises the COVID state of emergency acts—Act 91 (2020); Act 140
(2020); and Act 6 (2021)—to allow out-of-state health care professionals and
health care professionals with inactive licenses to practice as part of the staff of an
“other health care facility as defined in 18 V.S.A. § 9432” so that professionals
who do not provide care at a “licensed facility” or federally qualified health center
may still provide care during the COVID state of emergency if they meet all other
requirements.
Sec. 20 codifies the existing application review and disciplinary process at
OPR when an individual discloses a criminal conviction or is convicted of a crime
while licensed.
Multiple effective dates, beginning on June 8, 2021
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Statutes affected:
As Introduced: 3-122, 3-123, 3-129, 3-129a, 26-3406, 26-79, 10-1392(c)(1), 10-1392, 10-1392(c), 10-1395, 10-1396, 10-1399, 10-1400, 10-1402, 16-1707
As Passed By the House -- Official: 3-122, 3-123, 3-129, 3-129a, 26-3406, 26-79, 10-1392(c)(1), 10-1392, 10-1392(c), 10-1395, 10-1396, 10-1399, 10-1400, 10-1402, 16-1707
As Passed By the House -- Unofficial: 3-122, 3-123, 3-129, 3-129a, 26-3406, 26-79, 10-1392(c)(1), 10-1392, 10-1392(c), 10-1395, 10-1396, 10-1399, 10-1400, 10-1402, 16-1707
As Passed by Both House and Senate -- Official: 3-122, 3-123, 3-129, 3-129a, 26-3406, 26-79, 10-1392(c)(1), 10-1392, 10-1392(c), 10-1395, 10-1396, 10-1399, 10-1400, 10-1402, 16-1707, 3-136a
As Passed by Both House and Senate -- Unofficial: 3-122, 3-123, 3-129, 3-129a, 26-3406, 26-79, 10-1392(c)(1), 10-1392, 10-1392(c), 10-1395, 10-1396, 10-1399, 10-1400, 10-1402, 16-1707, 3-136a
As Enacted: 3-122, 3-123, 3-129, 3-129a, 26-3406, 26-79, 10-1392(c)(1), 10-1392, 10-1392(c), 10-1395, 10-1396, 10-1399, 10-1400, 10-1402, 16-1707, 3-136a