H 588

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2026
No. 119. An act relating to professions and occupations regulated by the
Office of Professional Regulation.
                                     (H.588)
It is hereby enacted by the General Assembly of the State of Vermont:
                           * * * General Powers * * *
Sec. 1. 3 V.S.A. § 123 is amended to read:
§ 123. DUTIES OF OFFICE
   (a) The Office shall provide administrative, secretarial, financial,
investigatory, inspection, and legal services to the boards. The services
provided by the Office shall include:
                                        ***
      (2) Issuing, recording, renewing, and reinstating all licenses as ordered
by the boards, an appellate officer, the Director, an administrative law officer,
or a court.
      (3) Revoking, rescinding, or suspending licenses as ordered by the
boards, the Director, an administrative law officer, or a court.
                                        ***
      (14) Adopting rules to establish a program to serve as an alternative to
the disciplinary process for regulated professionals with substance use
disorders or other professional practice issues as designated by the boards or
Director.
                                        ***
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Sec. 2. 3 V.S.A. § 129 is amended to read:
§ 129. POWERS OF BOARDS OR OF DIRECTOR IN ADVISOR
       PROFESSIONS; DISCIPLINE PROCESS AND RESCISSION
       PROCESSES
                                       ***
   (d) A board or the Director shall notify parties, in writing, of their right to
appeal final decisions of the board. A board or the Director shall also notify
complainants in writing of the result of any disciplinary investigation made
with reference to a complaint brought by them to the board or Director. When
a disciplinary investigation results in a stipulation filed with the board docket
clerk, the board or the Director shall provide the complainant with a copy of
the stipulation and notice of the stipulation review scheduled before the board
or hearing authority. The complainant shall have the right to be heard at the
stipulation review.
                                       ***
   (j) Hearings involving denials or rescissions of licensure or disciplinary
matters concerning persons in professions that have advisor appointees shall be
heard by an administrative law officer appointed by the Secretary of State.
                                       ***
Sec. 3. 3 V.S.A. § 129c is added to read:
§ 129c. RESCISSIONS
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   (a) The Director may rescind a license or compact privilege issued by the
Office of Professional Regulation under the following circumstances:
      (1) it is discovered that an administrative mistake has occurred resulting
in the erroneous issuance of the license;
      (2) payment is not remitted for any application fee pursuant to section
125 of this title; or
      (3) if, for a compact license or privilege:
          (A) either:
             (i) this State or the compact license or privilege holder’s home
state of licensure ceases participating in the relevant licensing compact; or
             (ii) the compact license or privilege holder ceases to hold an
unencumbered home-state license; and
          (B) the compact license or privilege holder does not obtain a full
Vermont license within 30 days.
   (b) The rescission process shall be as set forth in this subsection.
      (1) License active for less than 30 days.
          (A) If the individual’s license has been active for less than 30 days,
the Director shall initially rescind the license for any reason enumerated in
subsection (a) of this section.
          (B) The individual shall be immediately notified of the rescission, the
reason for rescission, and procedural rights.
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           (C) The individual shall be provided an opportunity to have the
rescission reviewed by either an administrative law officer or the relevant
board. In any review, the Director shall have the burden of proving the
rescission is merited. Any review shall commence not later than 30 days after
the rescission, and a decision in any review shall be rendered within 40 days
following the rescission. The decision shall either reverse the Director’s
rescission, in which case the license shall be immediately reinstated, or affirm
the Director’s rescission and be deemed a final decision of the administrative
law officer or board.
           (D) In the event of an administrative law officer or board affirming
the Director’s rescission, the individual shall be provided notice and the ability
to appeal the Director’s rescission in accordance with section 130a of this title;
however, the individual shall have the burden of proving the rescission is not
merited.
      (2) License active for 30 days or more.
           (A) If the individual’s license has been active for 30 days or more,
and the Director determines there is a reason for rescission as enumerated in
subsection (a) of this section, the Director shall provide notice to the individual
that, after 30 days from issuing the notice, the Director intends to rescind the
individual’s license. The notice shall also include the reason for rescission and
the individual’s procedural rights.
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          (B) The individual shall be provided an opportunity to have a hearing
to determine the merits of a rescission. The individual shall have 30 days from
when the Director’s notice was issued to indicate if the individual elects to
have a hearing. In the event the individual either elects not to have a hearing
or declines to answer within the allotted 30 days, Director shall rescind the
individual’s license and the individual shall be foreclosed from appealing the
decision pursuant to subdivision (D) of this subdivision (b)(2). In the event the
individual elects to have a hearing, any rescission shall be stayed until a
hearing decision is rendered.
          (C) Any hearing shall be held in accordance with section 129 of this
title and the resulting decision shall either affirm or reverse the Director’s
rescission of the individual license.
          (D) In the event of a hearing decision finding that the Director’s
rescission of the individual’s license is merited, the individual shall be
provided notice and the ability to appeal the Director’s rescission in
accordance with section 130a of this title; however, the individual shall have
the burden of proving the rescission is not merited.
   (c) A rescission of a license shall not be recorded as an adverse action
taken against the individual or any other misconduct or unprofessional conduct
for purposes of the individual’s other currently held licenses or future licensure
applications.
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   (d) Upon becoming aware of the State either withdrawing from any
licensure compact described in Title 26 or when a licensure compact described
in Title 26 becomes no longer binding on the State, the Office of Professional
Regulation shall notify as soon as practicable all affected licensees practicing
in the State. An individual’s license may not be rescinded if the Office fails to
provide the notice.
Sec. 4. 3 V.S.A. § 128 is amended to read:
§ 128. DISCIPLINARY ACTION TO BE REPORTED TO THE OFFICE
   (a)(1) Any hospital, clinic, community mental health center, or other health
care institution in which a licensee performs professional services shall report
to the Office, along with supporting information and evidence, any disciplinary
action taken by it or its staff that limits or conditions the licensee’s privilege to
practice or leads to suspension or expulsion from the institution.
                                        ***
      (3) This section shall not apply to cases of resignation, separation from
service, or changes in privileges that are unrelated related to:
           (A) a disciplinary or adverse action;
           (B) an adverse action report to the National Practitioner Data Bank;
           (C) an unexpected adverse outcome in the care or treatment of a
patient;
           (D) misconduct or allegations of misconduct;
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          (E) the initiation or process of an action to limit, condition, or
suspend a licensee’s privilege to practice in an institution;
          (F) an action to expel the licensee from an institution; or
          (G) any other action that could lead to an outcome described in
subdivisions (A) through (F) of this subdivision (3).
                                       ***
Sec. 5. 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. Any one of the following
items or any combination of items, whether the conduct at issue was
committed within or outside the State, shall constitute unprofessional conduct:
      (1) Fraudulent or deceptive procurement or use of a license or attempted
fraudulent or deceptive procurement or use of a license by making or causing
to be made a false, fraudulent, or forged statement or representation.
                                       ***
   (g) Notwithstanding the provisions of this section or any other law to the
contrary, the Director may adopt rules permitting a licensee to enter, at the
Director’s discretion, into a program serving as an alternative to the
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disciplinary process for regulated professionals with substance use disorders or
other professional practice issues as designated by the boards or Director.
Sec. 6. 3 V.S.A. § 129b is amended to read:
§ 129b. BOARD MEMBER AND ADVISOR APPOINTMENTS
   (a) Notwithstanding any provision of law to the contrary relating to terms
of office and appointments for members of boards attached to the Office of
Professional Regulation, all board members appointed by the Governor shall
be the age of majority, appointed for staggered five-year terms, and shall serve
at the pleasure of the Governor. Appointments under this section shall not be
subject to the advice and consent of the Senate. The Governor may remove
any member of a board as provided in section 2004 of this title. Vacancies
created other than by expiration of a term shall be filled in the same manner
that the initial appointment was made for the unexpired portion of the term.
Terms shall begin on January 1 of the year of appointment and run through
December 31 of the last year of the term. The Governor may request
nominations from any source but shall not be bound to select board members
from among the persons nominated. As provided in section 2004 of this title,
board members shall hold office and serve until a successor has been
appointed.
                                      ***
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Sec. 7. 3 V.S.A. § 137 is amended to read:
§ 137. UNIFORM PROCESS FOR FOREIGN CREDENTIAL
       VERIFICATION
                                       ***
   (d) The provisions relating to preliminary license denials set forth in
subsection 129(e) of this subchapter shall apply to a license application that is
preliminarily denied for nonequivalence under this section.
                              * * * Accountants * * *
Sec. 8. 26 V.S.A. § 13 is amended to read:
§ 13. DEFINITIONS
   As used in this chapter:
                                       ***
      (7) “Good character” means fiscal integrity, and a lack of any history of
acts involving dishonesty, false statements, or fraud. [Repealed.]
                                       ***
      (11) “Principal place of business” means the office location designated
by the licensee for the purposes of substantial equivalency mobility and
reciprocity.
                                       ***
Sec. 9. 26 V.S.A. § 71a is amended to read:
§ 71a. LICENSE BY EXAMINATION
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   (a) A license To qualify for licensure as a “certified public accountant”
shall be granted by the Board to any person certified public accountant, an
applicant must:
      (1) who is of good character;
      (2) who completes complete any one of the following requirements for
education and experience:
            (A) a postbaccalaureate degree from a college or university
recognized by the Board with a concentration in accounting or an equivalent
and one year of experience in public accounting, meeting the requirements
prescribed by Board rule;
            (B) 150 or more semester hours of college credit at a college or
university recognized by the Board, including a baccalaureate degree and a
minimum of 42 semester hours of accounting, auditing, and related subjects as
the Board determines to be appropriate, and one year of experience in public
accounting, meeting the requirements prescribed by Board rule or other
experience or employment that the Board in its discretion considers
substantially equivalent; and or
            (C) a baccalaureate degree from a college or university recognized by
the Board with a concentration in accounting or an equivalent and two years of
experience in public accounting, meeting the requirements prescribed by Board
rule; and
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      (3)(2) who has passed pass the examination required under subsection
(b) of this section.
   (b) The Board shall administer an examination using a nationally
recognized uniform certified public accountants’ examination and advisory
grading service.
   (c) An applicant who has not yet completed a baccalaureate degree may sit
for the exam upon the completion of 120 semester hours at an institution
recognized by the Board, including a minimum of 30 semester hours of
accounting, auditing, and related subjects as the Board determines to be
appropriate.
Sec. 10. 26 V.S.A. § 74c is amended to read:
§ 74c. SUBSTANTIAL EQUIVALENCY MOBILITY
   (a) An individual whose principal place of business is not in this State shall
be presumed to have qualifications substantially equivalent to this State’s
requirements and shall have the privileges of licensure of this State, without
the need to obtain a license under section 72b of this title, if the individual:
      (1) holds a valid license as a certified public accountant from a any state
the Board determines has licensure requirements substantially equivalent to the
requirements of the AICPA/NASBA Uniform Accountancy Act; or and
      (2) holds a valid license as a certified public accountant from any state,
and the individual obtains verification from the NASBA National Qualification
Appraisal Service that the individual’s qualifications are substantially
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equivalent to the licensure requirements of the AICPA/NASBA Uniform
Accountancy Act. An individual who passed the uniform CPA examination
and holds a valid license issued by any state prior to January 1, 2012 shall be
exempt from the education requirements of subdivision 5(c)(2) of the Uniform
Accountancy Act for purposes of this section. has passed the uniform CPA
examination and has met any one of the following requirements for education
and experience in accordance with rules adopted by the Board:
          (A) a post-baccalaureate degree from a college or university with a
concentration in accounting or an equivalent and one year of experience in
public accounting;
          (B) 150 or more semester hours of college credit at a college or
university, including a baccalaureate degree and a minimum of 42 semester
hours of accounting, auditing, and related subjects, and one year of experience
in public accounting; or
          (C) a baccalaureate degree from a college or university with a
concentration in accounting or an equivalent and two years of experience in
public accounting.
                                       ***
   (g) An individual whose principal place of business is not in this State, who
holds a valid active license as a certified public accountant from any state, and
who, as of December 31, 2024, had practice privileges in this State under this
section shall continue to have all the privileges of licensees in this State
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without the need to obtain a license under section 71a of this title, pursuant to
all other requirements of this chapter.
                                 * * * Dentists * * *
Sec. 11. 26 V.S.A. § 603 is added to read:
§ 603. LIMITED ACADEMIC DENTIST LICENSE
   (a) Scope of dentist practice. A limited academic dentist license is a
credential that authorizes the practice of dentistry only:
      (1) at a teaching facility operated by a dental program that is accredited
by the American Dental Association’s Commission on Dental Accreditation to
grant doctoral degrees in dental medicine or dental surgery; and
      (2) under the general supervision of a dentist who is fully licensed in
good standing in Vermont.
   (b) Eligibility. To qualify for a limited academic dentist license, an
applicant must:
      (1) be appointed as a full-time dental instructor of an accredited dental
program;
      (2) hold a dental degree sufficient for licensure by examination under
section 601 of this title; and
      (3) complete any courses in emergency office procedures or
cardiopulmonary resuscitation required for a licensed dentist.
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   (c) Specialties unavailable. A limited academic dentist license holder who
is not otherwise licensed as a dentist in this State is ineligible for sedation and
general anesthesia specialties.
   (d) Notification of termination required. A limited academic dentist license
holder must notify the Office within 48 hours after any termination as a full-
time dental instructor. Continued practice after termination constitutes
unauthorized practice under 3 V.S.A. § 127.
   (e) Renewal. For license renewal, a limited academic dentist license holder
must:
        (1) meet all renewal requirements set forth in subsections 661(a)–(d) for
a licensed dentist, except no fee is required; and
        (2) continue to be a full-time dental instructor of an accredited dental
program.
Sec. 12. 26 V.S.A. § 662 is amended to read:
§ 662. FEES
   (a) Applicants and persons regulated under this chapter shall pay the
following fees:
        (1) Application
           (A) Dentist $285.00
           (B) Limited academic dentist $0.00
           (C) Dental therapist $215.00
           (C)(D) Dental hygienist $200.00
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           (D)(E) Dental assistant $80.00
      (2) Biennial renewal
           (A) Dentist $655.00
           (B) Limited academic dentist $0.00
           (C) Dental therapist $310.00
           (C)(D) Dental hygienist $245.00
           (D)(E) Dental assistant $105.00
   (b) The licensing fee for a dentist, dental therapist, or dental hygienist or
the registration fee for a dental assistant who is otherwise eligible for licensure
or registration and whose practice in this State will be limited to providing pro
bono services at a free or reduced-fee clinic or similar setting approved by the
Board shall be waived.
                           * * * Funeral Services * * *
Sec. 13. 26 V.S.A. § 1211 is amended to read:
§ 1211. DEFINITIONS
   (a) As used in this chapter, unless a contrary meaning is required by the
context:
                                       ***
      (6) “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:
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          (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; and
          (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; and
          (G) providing for the disposition of dead human bodies by cremation,
alkaline hydrolysis, or natural organic reduction.
                                       ***
   (c) Notwithstanding this section, owners of a disposition facility and their
personnel may engage in the listed activities in subdivision (a)(6) of this
section only to the extent such functions are necessary to the performance of
their duties. Specifically, personnel at a disposition facility may:
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      (1) provide for the disposition of dead human bodies by cremation,
alkaline hydrolysis, or natural organic reduction 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 disposition by cremation, alkaline hydrolysis, or natural organic
reduction;
      (3) arrange, direct, or perform the removal or transportation of a dead
human body, provided that removals are performed by licensed removal
personnel; and
      (4) secure and file certificates, permits, forms, or other documents.
             * * * Nursing; Advanced Practice Registered Nurses * * *
Sec. 14. 26 V.S.A. § 1614 is amended to read:
§ 1614. APRN RENEWAL
   An APRN license renewal application shall include:
      (1) documentation of completion of the APRN practice requirement;
      (2) possession of a current certification by a national APRN specialty
certifying organization; and
      (3)(2) a current collaborative provider agreement if required for
transition to practice.
                               * * * Pharmacists * * *
Sec. 14a. 26 V.S.A. § 2023 is amended to read:
§ 2023. CLINICAL PHARMACY; PRESCRIBING AND TESTING
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   (a) In accordance with applicable rules adopted by the Board, a pharmacist
may engage in the practice of clinical pharmacy, including prescribing as set
forth in subsection (b) of this section, provided that a pharmacist shall not:
                                       ***
      (3) initiate antibiotic therapy, except pursuant to a collaborative practice
agreement or state protocol.
   (b) A pharmacist may prescribe in the following contexts:
                                       ***
      (2) State protocol.
          (A) A pharmacist may prescribe, order, or administer in a manner
consistent with valid State protocols that are approved by the Commissioner of
Health after consultation with the Director of Professional Regulation and the
Board and the ability for public comment:
                                       ***
            (x) emergency prescribing of albuterol or glucagon while
contemporaneously contacting emergency services;
            (xi) tests for COVID-19 for individuals by entities holding a
Certificate of Waiver pursuant to the Clinical Laboratory Amendments of 1988
(42 U.S.C. § 263a). If a test for COVID-19, prescribed, ordered, or
administered by a pharmacist in accordance with this section and the resulting
State protocol incidentally detects influenza or human respiratory syncytial
virus, a pharmacist shall advise the individual tested that the results indicate
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influenza or human respiratory syncytial virus infection and recommend to the
individual to seek further care from an appropriate health care provider;
              (xii) tests for SARS-CoV for asymptomatic individuals or related
serology for individuals by entities holding a Certificate of Waiver pursuant to
the Clinical Laboratory Amendments of 1988 (42 U.S.C. § 263a); and
              (xiii)(xi) emergency contraception;
              (xii) tests waived under 42 C.F.R. § 493.15 for COVID-19,
influenza, and streptococcal pharyngitis and subsequent drug treatment; and
              (xiii) medications for the prevention of human immunodeficiency
virus, including those for pre-exposure and post-exposure prophylaxis.
                                      ***
Sec. 14b. 26 V.S.A. § 2022 is amended to read:
§ 2022. DEFINITIONS
   As used in this chapter:
                                      ***
         (14) “Pharmacy technician” means an individual who, only while
assisting and under the supervision of a licensed pharmacist, performs tasks
relative to dispensing prescription drugs, administering immunizations, and
performing tests for COVID-19, influenza, and streptococcal pharyngitis.
Pharmacy technicians shall administer immunizations and perform authorized
tests for COVID-19 in compliance and accordance with section 2042a of this
title.
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                                      ***
Sec. 14c. 26 V.S.A. § 2042a is amended to read:
§ 2042a. PHARMACY TECHNICIANS; QUALIFICATIONS
           FOR REGISTRATION
                                      ***
   (e) Pharmacy technicians performing authorized COVID-19 tests shall do
so only:
      (1) when a licensed pharmacist who is trained to perform authorized
COVID-19 tests is present and able to assist with the test, as needed; and
      (2) in accordance with a State protocol adopted under subdivision
2023(b)(2)(A)(x) of this title or pursuant to a standing order of the
Commissioner of Health; and
      (3) in accordance with rules adopted by the Board.
   (f) The Board may adopt rules regarding the administration of
immunizations and the performance of authorized COVID-19 tests by
pharmacy technicians.
                            * * * Psychologists * * *
Sec. 15. TEMPORARY PSYCHOLOGIST LICENSURE EDUCATIONAL
           SUPPLEMENTATION
   (a) Notwithstanding the provisions of 26 V.S.A. chapter 55, 3 V.S.A.
chapter 25, or any contrary rule, the Director of the Office of Professional
Regulation may develop and implement temporary policies permitting
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supplementation of a master’s or doctoral degree, pursuant to 26 V.S.A.
§ 3011a(a)(2), for the licensing of psychologists.
   (b) Policies adopted pursuant to this section shall be:
      (1) developed in consultation with the Board of Psychological
Examiners and the Vermont Psychological Association;
      (2) consistent with 26 V.S.A. chapter 57; and
      (3) made available to the public.
   (c) The Director’s powers granted pursuant to this section and any
temporary policies adopted pursuant to this section shall be in effect only until
either July 1, 2029, or when the Board of Psychological Examiners adopts
permanent rules regarding supplementation of a master’s or doctoral degree,
pursuant to 26 V.S.A. § 3011a(a)(2), for the licensing of psychologists,
whichever occurs first.
   (d) On or before July 1, 2029, the Board shall adopt updated rules
regarding the supplementation of a master’s or doctoral degree, pursuant to 26
V.S.A. § 3011a(a)(2), for the licensing of psychologists.
                              * * * Midwives * * *
Sec. 16. 26 V.S.A. chapter 85 is amended to read:
                          CHAPTER 85. MIDWIVES
                                      ***
§ 4185. DIRECTOR; DUTIES
                                      ***
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   (c)(1) The Director shall appoint an advisory committee to study and report
to the Director and to the Commissioner of Health on matters relating to
midwifery, including recommendations if necessary for revisions to the
administrative rules. The Committee shall focus on improving communication
and collaboration among birth providers.
       (2) The Committee shall be composed of at least six members: three
midwives licensed under this chapter, two physicians licensed by the Board of
Medical Practice or the Board of Osteopathic Physicians and Surgeons, and
one advanced practice registered nurse midwife licensed by the Board of
Nursing.
       (3) Members of the Committee shall be entitled to compensation at the
rate provided in 32 V.S.A. § 1010.
                                     ***
§ 4187. RENEWALS
   (a)(1) Biennially, the Director shall forward a renewal form to each
licensed midwife A license shall be renewed every two years upon the filing of
a renewal application, payment of the required fee, and proof of compliance
with renewal requirements. The completed form renewal application shall
include verification that during the preceding two years, the licensed midwife
has:
           (A) completed 20 hours of continuing education approved by the
Director by rule;
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           (B) participated in at least four peer reviews;
           (C) submitted individual practice data;
           (D) maintained current cardiopulmonary resuscitation certification;
and
           (E)(D) filed a timely certificate of birth for each birth at which he or
she the licensee was the attending midwife, as required by law; and
           (E) maintained current certification by the North American Registry
of Midwives.
      (2) Upon receipt of the completed form and of the renewal fee, the
Director shall issue a renewal license to applicants who qualify under this
section.
   (b) The Director shall renew a license that has lapsed for a period of three
years or less upon receipt of the renewal fee and late renewal penalty, the
reinstatement fee, and an application for renewal that shows that the person
still meets the eligibility requirements of this chapter and that all the
requirements for renewal, including continuing education, have been satisfied.
A person shall not be required to pay renewal fees for lapsed years.
   (c) The Director may adopt rules to assure that an applicant whose license
has lapsed for a period greater than three years may be eligible for licensing,
but such rules shall not establish requirements greater than the eligibility
requirements of this chapter.
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   (d) The Director may, as a condition of license renewal, require that
licensed midwives submit individual practice data to the Office or its designee.
The required data may include information such as client demographics,
complications of labor and delivery, breastfeeding and postpartum health, and
such other information as the Director may require.
        * * * Speech-Language Pathologist Assistants; Sunrise Report * * *
Sec. 17. OFFICE OF PROFESSIONAL REGULATION; SUNRISE REVIEW
           REPORT; SPEECH-LANGUAGE PATHOLOGIST ASSISTANTS
   On or before November 15, 2026, the Office of Professional Regulation, in
consultation with speech language pathologists, speech-language pathology
assistants, and other interested stakeholders, shall submit to the House
Committee on Government Operations and Military Affairs and the Senate
Committee on Government Operations a written report, in accordance with 26
V.S.A. chapter 57, on the advised nature of regulation and suggested level of
credentialling for speech-language pathologist assistants practicing in the State.
In so doing, OPR shall take into consideration its sunrise report completed in
2015.
     * * * Massage Therapists, Bodyworkers, and Touch Professionals * * *
Sec. 18. 26 V.S.A. chapter 105 is amended to read:
   CHAPTER 105. MASSAGE THERAPISTS, BODYWORKERS, AND
                          TOUCH PROFESSIONALS
                        Subchapter 1. General Provisions
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§ 5401. DEFINITIONS
   As used in this chapter:
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      (2)(A) “Establishment” means any place of business that location:
             (i)(A) offers the practice of massage or the practice of bodywork
or where the practice of massage or the practice of bodywork is conducted on
the premises of the business where the practice of massage or the practice of
bodywork is regularly engaged in; or
             (ii)(B) that represents itself to the public by any title or description
of services incorporating the words “touch professional,” “bodywork,”
“massage,” “massage therapy,” “massage therapist,” “massage practitioner,”
“massagist,” “masseur,” “masseuse,” “energy work,” or other words identified
by the Director in rules.
          (B) A “place of business” includes any office, clinic, facility, salon,
spa, or other location not otherwise exempted under section 5404 of this
chapter where a person or persons engage in the practice of massage or the
practice of bodywork.
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§ 5403. UNAUTHORIZED PRACTICE
   Any individual who owns or operates an unregistered establishment or who
engages in the practice of massage or the practice of bodywork without a
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registration from the Office shall be subject to the penalties provided in
3 V.S.A. § 127 (unauthorized practice).
§ 5404. EXEMPTIONS
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      (c) Nothing in this chapter shall prohibit a massage therapist, bodyworker,
or touch professional from engaging in or offering the practice of massage or
the practice of bodywork at a location that is not an a registered establishment,
if:
         (1) so long as prior to engaging in that practice at that location, the
registrant massage therapist and his or her the client agree in advance that the
location is acceptable; and
         (2) the location is not an establishment as defined in subdivision 5401(2)
of this title.
      (d) Establishment registration is not required for a location where the
practice of massage or the practice of bodywork is provided solely by:
         (1) persons exempt from registration; or
         (2) a single massage therapist, bodyworker, or touch professional.
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§ 5411. DUTIES OF THE DIRECTOR
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      (b) Rules.
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      (1) The Director shall adopt rules requiring a massage therapist,
bodyworker, or touch professional to disclose to each new client before the
first treatment the following information:
          (A) the professional qualifications and experience of the registrant;
          (B) actions that constitute unprofessional conduct;
          (C) the method for filing a complaint against a registrant; and
          (D) the method for making a consumer inquiry with the Office.
      (2) The Director shall adopt rules regarding the display of:
          (A) the registrations of employed or contracted massage therapists,
bodyworkers, or touch professionals at an establishment; and
          (B) information regarding unprofessional conduct and filing
complaints with the Office.
      (3) The rules described in this subsection shall include provisions
relating to the manner in which the information disclosed shall be distributed
or displayed and a requirement that a massage therapist, bodyworker, or touch
professional and his or her the client sign an acknowledgement that the
information was disclosed.
      (4) The Director may adopt other rules as necessary to perform his or
her the Director’s duties under this chapter.
      (5) The Director may adopt rules limiting the applicability of this
chapter as applied to establishments operated within private homes.
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§ 5423. ESTABLISHMENTS; DESIGNEE AND INSPECTION
   (a) An establishment shall designate a massage therapist, bodyworker, or
touch professional to be responsible for ensuring the establishment complies
with the requirements of this chapter and the rules adopted by the Director
register with the Office of Professional Regulation. The operation of an
establishment without registration shall constitute unauthorized practice under
3 V.S.A. § 127.
   (b) An establishment is responsible for ensuring its lawful operation,
regardless of whether the establishment’s owner is on-site or has personal
knowledge of its operations. The Office may prosecute an establishment for
unprofessional conduct or unauthorized practice occurring at the establishment.
   (c) The Director may require that an application for establishment
registration include:
      (1) the management and ownership of the business;
      (2) the name, location, and licensing history of any past or present
massage establishment under the same management or ownership;
      (3) the location and ownership of the establishment’s premises;
      (4) proof of business registration with the Secretary of State; and
      (5) other information required by the Director in rule.
   (d) The Director may deny an establishment registration of a location
where unprofessional conduct, as defined in subdivision 5427(2) or (3) of this
title, has previously occurred, even if under different ownership or
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management. A denial on this basis shall follow the same procedures as a
denial for unprofessional conduct under 3 V.S.A. § 129.
   (e) A person authorized by the Director may enter any establishment for the
purpose of inspection when a complaint has been filed with the Office
regarding the practice of massage or the practice of bodywork at that
establishment. The Director may require an establishment to undergo
inspection prior to registration. A fee shall not be charged for any inspection
under this subsection.
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§ 5425. FEES
   (a) Applicants and persons regulated under this chapter shall pay those fees
set forth in 3 V.S.A. § 125(b).
   (b) An establishment where the practice of massage or the practice of
bodywork is provided by only two massage therapists, bodyworkers, or touch
professionals shall pay reduced fees set forth in 3 V.S.A. § 125(b).
§ 5426. DISPLAY OF REGISTRATION
   A massage therapist, bodyworker, or touch professional shall conspicuously
display his or her registration in any establishment where the registrant is
engaged in the practice of massage or the practice of bodywork An
establishment must conspicuously display the registrations of:
      (1) the establishment; and
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      (2) any massage therapist, bodyworker, or touch professional engaged in
the practice of massage or the practice of bodywork in the establishment.
§ 5427. UNPROFESSIONAL CONDUCT
   Unprofessional conduct means the conduct set forth in 3 V.S.A. § 129a and
the following:
      (1) engaging in activities in violation of 13 V.S.A. § 2605 (voyeurism);
      (2) engaging in a sexual act with a client in sexual conduct as defined in
13 V.S.A. § 2821:
           (A) at an establishment; or
           (B) while engaging in, offering to engage in, or purporting to engage
in the practice of massage or the practice of bodywork;
      (3) meeting a client at an establishment for the purpose of sexual
conduct;
      (3)(4) conviction of a crime committed while engaged in the practice of
massage or the practice of bodywork;
      (4)(5) performing massage or bodywork that the massage therapist,
bodyworker, or touch professional knows or has reason to know has not been
authorized by a client or the client’s legal representative; and
      (5)(6) engaging in conduct of a character likely to deceive, defraud, or
harm the public; and
      (7) engaging in the practice of massage or the practice of bodywork at
an unregistered establishment.
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Sec. 18a. 3 V.S.A. § 125 is amended to read:
§ 125. FEES
   (a) In addition to the fees otherwise authorized by law, a board or advisor
profession may charge the following fees:
      (1) Verification of license, $30.00.
      (2) An examination fee established by the Secretary, which shall be not
greater than the costs associated with examinations.
      (3) Reinstatement fees for expired licenses pursuant to section 127
(unauthorized practice) of this title.
      (4) Continuing, qualifying, or prelicensing education course approval:
          (A) Provider, $100.00.
          (B) Individual, $25.00.
      (5) A preapplication criminal background determination, $25.00.
      (6) Limited temporary license or work permit, $60.00.
      (7) Apprenticeship application, $50.00.
      (8) Specialty or endorsement to existing license application, $100.00.
      (9) Disciplinary action surcharge, $250.00.
   (b) Unless otherwise provided by law, the following fees shall apply to all
professions regulated by the Director in consultation with advisor appointees
under Title 26:
      (1) Application for registration, $100.00, except application for:
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           (D) Massage therapist, bodyworker, or touch professional, $90.00.
           (E) Massage establishment qualifying for a reduced fee under
26 V.S.A. § 5425(b), $50.00.
       (2) Application for licensure or certification, $115.00, except application
for:
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           (M) Massage therapist, bodyworker, or touch professional, $90.00.
[Repealed.]
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       (4) Biennial renewal, $275.00, except biennial renewal for:
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           (Y) Massage establishment qualifying for a reduced fee under
26 V.S.A. § 5425(b), $75.00.
       (5) Limited temporary license or work permit, $60.00. [Repealed.]
       (6) Radiologic evaluation, $125.00.
       (7) Annual renewal for appraisal management company registration,
$345.00.
       (8) Real estate appraiser trainee, $115.00.
       (9) Apprenticeship application, $50.00. [Repealed.]
       (10) Specialty or endorsement to existing license application, $100.00.
[Repealed.]
       (11) Disciplinary action surcharge, $250.00. [Repealed.]
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Sec. 19. 13 V.S.A. § 2638 is amended to read:
§ 2638. IMMUNITY FROM LIABILITY
   (a) As used in this section:
         (1) “Human trafficking” has the same meaning as in section 2651 of this
title.
         (2) “Prostitution” has the same meaning as in section 2631 of this title.
   (b) A person who, in good faith and in a timely manner, reports to law
enforcement that the person is a victim of or a witness to a crime that arose
from the person’s involvement in prostitution or human trafficking shall not be
cited, arrested, or prosecuted for a violation of the following offenses:
         (1) section 2632 of this title (prostitution);
         (2) section 2601a of this title (prohibited conduct);
         (3) 18 V.S.A. § 4230(a)(1)–(3) (cannabis possession);
         (4) 18 V.S.A. § 4231(a)(1) and (2) (cocaine possession);
         (5) 18 V.S.A. § 4232(a)(1) and (2) (LSD possession);
         (6) 18 V.S.A. § 4233(a)(1) and (2) (heroin possession);
         (7) 18 V.S.A. § 4234(a)(1) and (2) (depressant, stimulant, and narcotic
drugs possession);
         (8) 18 V.S.A. § 4234a(a)(1) and (2) (methamphetamine possession);
         (9) 18 V.S.A. § 4235(b)(1) (hallucinogenic drugs possession); and
         (10) 18 V.S.A. § 4235a(a)(1) (Ecstasy possession); and
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       (11) 26 V.S.A. § 5403 (unauthorized practice of massage or bodywork).
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                          * * * Board of Medical Practice * * *
Sec. 19a. 26 V.S.A. § 1353 is amended to read:
§ 1353. POWERS AND DUTIES OF THE BOARD
   The Board shall have the following powers and duties to:
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              (8)(A) Inquire into the criminal history backgrounds of applicants for
licensure and for biennial license renewal for all professionals licensed or
certified by the Board. In obtaining these background checks, the Board may
inquire directly of the Vermont Crime Information Center, the Federal Bureau
of Investigation, the National Crime Information Center, or other holders of
official criminal record information, and may arrange for these inquiries to be
made by a commercial service any Board-issued credential, including a
license, certification, or registration for the following professions:
                 (i) medical doctors licensed pursuant to chapter 23 of this title;
                 (ii) podiatrists licensed pursuant to chapter 7 of this title;
                 (iii) anesthesiologist assistants licensed pursuant to chapter 29 of
this title;
                 (iv) physician assistants licensed pursuant to chapter 31 of this
title; and
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             (v) radiologist assistants licensed pursuant to chapter 52 of this
title.
          (B) Prior to acting on an initial or renewal application, the Board may
obtain with respect to the applicant a Vermont criminal history record, an out-
of-state criminal history record, and a criminal history record from the Federal
Bureau of Investigation. Federal Bureau of Investigation background checks
shall be fingerprint-supported, and fingerprints so obtained may be retained on
file and used to notify the Board of future triggering events. Each applicant
shall consent to the release of criminal history records to the Board on forms
developed by the Vermont Crime Information Center.
          (C) An applicant or licensee shall bear any cost of obtaining a
required criminal history background check. Applicants subject to background
checks shall be notified that a check is required, whether fingerprints will be
retained on file, and that criminal convictions are not an absolute bar to
licensure. Applicants shall be provided other information as may be required
by federal law or regulation.
          (D) The Board shall comply with all laws regulating the release of
criminal history records and the protection of individual privacy.
          (E) No person shall confirm the existence or nonexistence of criminal
history record information to any person who would not be eligible to receive
the information pursuant to this chapter. As used in this subdivision, “criminal
history record” has the same meaning as in 20 V.S.A. § 2056a.
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                          * * * Effective Dates * * *
Sec. 20. EFFECTIVE DATES
   (a) This section, Secs. 1–10 (general powers, accountants), Secs. 13–17
(funeral services, advanced practice registered nurses, pharmacists,
psychologists, midwives, speech-language pathologist assistants report), Sec.
18a (3 V.S.A. § 125), and Sec. 19a (Board of Medical Practice) shall take
effect on passage.
   (b) Secs. 11 and 12 (dentists) shall take effect on September 1, 2026.
   (c) Sec. 18 (massage therapists, bodyworkers, and touch professionals) and
Sec. 19 (13 V.S.A. § 2638) shall take effect on December 1, 2026.
Date Governor signed bill: June 8, 2026
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