VERMONT SECRETARY OF STATE
OFFICE OF PROFESSIONAL REGULATION
BOARD OF ALLIED MENTAL HEALTH PRACTITIONERS
UNPROFESSIONAL CONDUCT FOR NON-LISCENSED AND NON-CERTIFIED PSYCHOTHERAPISTS
TITLE 26, VERMONT STATUTES ANNOTATED, CHAPTER 78, SECTION 4093 AND TITLE 3 CHAPTER 5 UNPROFESSIONAL CONDUCT
The Office of Professional Regulation provides Vermont licensees, certifications, and registrations for over 37,000 practitioners and businesses. Thirty-nine professions and occupations are supported and managed by this office. A list of professions regulated is found below.
Each profession or occupation is governed by laws defining professional conduct. Consumers who have inquiries or wish to obtain a form to register a complaint may do so by calling 802.828.2372, or by writing to the Director of the Office, Secretary of State, 26 Terrace Street, Drawer 09, Montpelier, Vermont, 05609-1106.
Upon receipt of a complaint, an administrative review determines if the issues raised are covered by the applicable professional conduct statute. If so, a committee is assigned to investigate, collect information, and recommend action or closure to the governing body.
All complaint investigations are confidential. Should the investigation conclude with a decision for disciplinary action against a professional’s license and ability to practice, the name of the license holder will then be made public.
Complaint investigations focus on licensure and fitness of the licensee to practice. Disciplinary action, when warranted, ranges from warning to revocation of license, based on the circumstances. You should not expect a return of fees paid or additional unpaid services as part of the results of the process. If you seek restitution of this nature, consider consulting with the Consumer Protection Division of the Office of the Attorney General, retaining an attorney, or filing a case in Small Claims Court.
Accountancy, Accupuncture, Architects, Athletic Trainers, Auctioner, Barbers & Cosmetologists, Boxing Control, Chiropractic, Dental Examiners, Dieticians, Electolysis, Professional Engineering, Funeral Sercie, Hearing Aid Dispensers, Land Surveyors, Marriage and Family Therapists, CLinical Mental Health Counselors, Midwives (liscenced), Motor Vehicle Racing, Nautropaths, Nursing, Nursing Home Administrators, Occupational Therapists, Opticians, Optometry, Osteopathic Physicians & Surgerons, Pharmacy, Physical Therapists, Private Investigative & Security Services, Psychoanalyst, Psychology, Psychotherapists, Non-licensed, Radiologic Technology, Real Estate Appraisers, Real Estate, Social Workers (clinical), Tatooists, Vetrinary
Chapter 78: Roster of Psychotherapists Who Are Non-licensed
§§ 4090. Disclosure of information
The board shall adopt rules requiring persons entered on the roster to disclose to each client the psychotherapist’s professional qualifications and experience, those actions that constitute unprofessional conduct, and the method for filing a complaint of making a consumer inquiry, and provisions relating to the manner in which the information shall be displayed and signed by both the rostered psychotherapists and the client. The rules may include provisions for applying or modifying these requirements in cases involving institutionalized clients, minors and adults under the supervision of a guardian. (Added 1993, No. 222 (Adj. Sess.), §§ 17; amended 1997, No. 40, §§ 69.
§ 4093. Unprofessional conduct
(a) Unprofessional conduct means the following conduct and conduct set forth in section 129a of Title 3: (1) Providing fraudulent or deceptive information in an application for entry on the roster.
(2) Conviction of a crime that evinces and unfitness to practice psychotherapy. (3) Unauthorized use of a protected title in professional activity.
(4) Conduct which evidences moral unfitness to practice psychotherapy.
(5) Engaging in any sexual conduct with a client, or with the immediate family member of a client, with whom the psychotherapist has had a professional relationship within the previous two years.
(6) Harassing, intimidating or abusing a client.
(7) Entering into an additional relationship with a client, supervisee, research participant or student that might impair the psychotherapist’s objectivity or otherwise interfere with his or her professional obligations.
(8) Practicing outside or beyond a psychotherapist’s area of training, experience, or competence without appropriate supervision.
(b) After hearing, and upon a finding of unprofessional conduct, the board may take disciplinary action against a rostered psychotherapists or an applicant. (Added 1993, No. 222 (Adj. Sess.) §§ 17; amended 1997, No. 40, §§ 71; 1997, No. 145 (Adj. Sess.), §§ 61; 1999, No. 52, §§ 37.)
Unprofessional Conduct Standards
Title 3, Chapter 5
§ 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 or not 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.
(2) Advertising that is intended or has a tendency to deceive.
(3) Failing to comply with provisions of federal or state statutes or rules governing the practice of the profession.
(4) Failing to comply with an order of the board or violating any term or condition of a license restricted by the board.
(5) Practicing the profession when medically or psychologically unfit to do so. (6) Delegating professional responsibilities to a person whom the licensed professional knows, or has reason to know, is not qualified by training, experience, education or licensing credentials to perform them.
(7) Willfully making or filing false reports or records in the practice of the profession; willfully impeding or obstructing the proper making or filing of reports or records or willfully failing to file the proper reports or records.
(8) Failing to make available promptly to a person using professional health care services, that person’s representative, succeeding health care professionals or institutions, upon written request and direction of the person using professional health care services, copies of that person’s records in the possession or under the control of the licensed practitioner.
(9) Conviction of a crime related to the practice of the profession or conviction of a felony, whether or not related to the practice of the profession.
(10) In the course of practice, gross failure to use and exercise on a particular occasion or the failure to use an 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. (11) Exercising undue influence on or taking improper advantage of a person using professional services, or promoting the sale of services or goods in a manner which exploits a person for the financial gain of the practitioner or a third party.
(b) Failure to practice competently by reason of any cause on a single occasion or ON multiple occasions may constitute unprofessional conduct.
(c) Failure to practice competently includes:
(1) Performance of unsafe or unacceptable patient or client care; or
(2) failure to conform to the essential standards of acceptable and prevailing practice. (3) 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.
(d) 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.
(e) In the case where a standard of unprofessional conduct as set forth in this section conflicts with a standard set forth in a specific board’s statute of rule, the standard that is most protective of the public shall govern.
Last Amended: 2002 Legislative Session - Effective July 1, 2002 (H. 761)
Client and/or Legal Guardian's Disclosure Confirmation
My signature acknowledges that I have been given the professional qualifications and experience of Maria Vogt, MSW., a listing of actions that constitutes unprofessional conduct, according to Vermont statues, and the method for making a consumer inquiry or filing a complaint with the Office of Professional Regulation. Information concerning unprofessional conduct for this profession is included within this disclosure statement.