An act relating to professions and occupations regulated by the Office of Professional Regulation

New Section 129c grants the Director authority to rescind licenses for three reasons: administrative error in issuance, non-payment of licensing fees, or failure to apply for a state license within 30 days after the state withdraws from a licensure compact. The section includes detailed procedures with different timelines depending on whether the license has been active less than 30 days or 30 days or more, including notice requirements, hearing rights, and appeal processes.

Rescissions under the new Section 129c cannot be recorded as adverse actions or misconduct for purposes of the individual's other licenses or future licensure applications, protecting licensees from collateral consequences of administrative corrections.

Hearings involving denials or rescissions of licensure or disciplinary matters for professions that have advisor appointees must now be heard by an administrative law officer appointed by the Secretary of State (Section 129(j)).

When a state withdraws from a licensure compact, the Office of Professional Regulation must notify all affected licensees as soon as practicable. A license cannot be rescinded if the Office fails to provide this notice.

New CPA licensing section (Section 71a) establishes three alternative education and experience pathways: a post-baccalaureate degree in accounting plus one year of public accounting experience; 150 semester hours including 42 in accounting/auditing plus one year of experience; or a baccalaureate degree in accounting plus two years of experience. Also allows applicants who have completed 120 semester hours (including 30 in accounting) to sit for the CPA exam before completing their degree.

New substantial equivalency mobility provision (Section 74c) allows out-of-state CPAs with a valid license from a state with substantially equivalent requirements to practice in Vermont without obtaining a separate Vermont license, subject to NASBA verification of qualifications.

The entire new section 3 V.S.A. 129c (Rescissions) was removed. This section had given the Director explicit authority to rescind licenses for administrative errors, non-payment of fees, and compact withdrawal situations, with detailed procedural timelines (30-day notice, hearing rights, appeal provisions) and a rule that rescission would not be recorded as adverse action affecting other licenses.

The amendment to 3 V.S.A. 129(j) requiring that hearings involving denials or rescissions of licensure in advisor professions be heard by an administrative law officer appointed by the Secretary of State was removed.

New section 13 V.S.A. 2638 provides immunity from prosecution for a person who in good faith reports to law enforcement that they are a victim of or witness to a crime arising from prostitution or human trafficking. Immunity covers charges of prostitution, prohibited conduct, possession of cannabis, cocaine, LSD, heroin, depressants/stimulants/narcotics, methamphetamine, hallucinogenic drugs, Ecstasy, and unauthorized practice of massage or bodywork.

New establishment registration requirements for massage therapists, bodyworkers, and touch professionals (26 V.S.A. Chapter 105). Establishments must register with the Office, designate a responsible licensed professional, display registrations, and comply with rules on client disclosure of qualifications and complaint procedures. Operating an unregistered establishment constitutes unauthorized practice.

Pharmacist prescribing authority under state protocol (26 V.S.A. 2023) expanded to include vaccinations for patients 18 and older recommended by ACIP, and influenza/COVID-19 vaccines for patients five and older. Pharmacy technicians may administer immunizations only to patients 18+ (general) or 5+ (influenza/COVID), must follow ACIP schedules, and require a trained licensed pharmacist present and able to assist.

Midwife license renewal (26 V.S.A. 4187) now requires: 20 hours of continuing education, participation in at least four peer reviews, submission of individual practice data (at the Director's discretion), current CPR certification, timely birth certificates, and current North American Registry of Midwives certification. A new advisory committee of at least six members (three midwives, two physicians, one APRN midwife) is established to study midwifery matters.

The statement of purpose paragraph present in the unofficial version was removed in the official version, which is standard for final legislative documents. Page count increased from 32 to 58 reflecting the added sections.

The compact license rescission trigger was broadened. The House version only covered state withdrawal from a compact. The enacted version also covers situations where the individual holder ceases to hold an unencumbered home-state license, and requires the holder to obtain a full Vermont license within 30 days (not merely apply for one).

Rescission review timelines were extended: the review must now commence within 30 days of rescission (was 20 days) and a decision must be rendered within 40 days (was 30 days).

The alternative disciplinary program for substance use disorders was changed from a licensee right ('a licensee may enter into a program') to a Director's discretionary authority ('the Director may adopt rules permitting a licensee to enter, at the Director's discretion, into a program').

New notice requirements were added in Section 129(d): boards and the Director must notify parties in writing of their right to appeal final decisions, notify complainants of investigation results, provide complainants copies of stipulations, and give complainants the right to be heard at stipulation review hearings.

In Section 129c(a)(2), 'licensing fee' was changed to 'application fee' for the rescission trigger related to non-payment.

New 3 V.S.A. § 129c creates a formal rescission process allowing the Director to rescind licenses for administrative mistakes, non-payment of fees, or compact withdrawal. Licenses active less than 30 days are rescinded immediately with a review window; licenses active 30+ days receive 30-day notice and a hearing right. Rescissions cannot be recorded as adverse actions affecting other licenses or future applications.

New subsection (j) in 3 V.S.A. § 129 requires that hearings involving denials or rescissions of licensure in professions with advisor appointees be heard by an administrative law officer appointed by the Secretary of State, rather than by a board member.

New 26 V.S.A. § 74c creates substantial equivalency mobility for out-of-state CPAs, allowing them to practice in Vermont without obtaining a separate Vermont license if they hold a valid license from a state with substantially equivalent requirements or obtain NASBA verification of equivalency. Includes a grandfathering provision for those with practice privileges as of December 31, 2024.

New subsections in 26 V.S.A. § 2023 expand pharmacist prescribing under state protocols to include emergency prescribing of albuterol or glucagon, COVID-19 and SARS-CoV testing, emergency contraception, and waived tests for influenza and streptococcal pharyngitis with subsequent drug treatment.

New Section 15 grants the Director temporary authority (until July 1, 2029 or adoption of permanent rules) to develop policies permitting supplementation of a master's or doctoral degree for psychologist licensing, developed in consultation with the Board of Psychological Examiners and the Vermont Psychological Association.

CPA education requirements in 26 V.S.A. § 71a are modified to add a third pathway (baccalaureate degree with two years of public accounting experience) and allow applicants who have completed 120 semester hours (including 30 in accounting) to sit for the CPA exam before completing their degree.

The definition of 'practice of funeral service' in 26 V.S.A. § 1211 is expanded to explicitly include disposition of dead human bodies by cremation, alkaline hydrolysis, or natural organic reduction, and adds specific permissions for disposition facility owners and personnel.

APRN license renewal in 26 V.S.A. § 1614 is modified so that a collaborative provider agreement is only required 'if required for transition to practice' rather than being a blanket requirement for all renewals.