Vermont § 1719 - Unprofessional conduct

§ 1719. Unprofessional conduct

• (a) Unprofessional conduct is the conduct prohibited by this section and by 3 V.S.A. § 129a, whether committed by a licensee, an applicant, or a person who later becomes an
  applicant. (b) Unprofessional conduct means: (1) Conduct that evidences moral unfitness to practice the occupation. (2) Any of the following except when reasonably undertaken in an emergency situation in
  order to protect life, health, or property: (A) Practicing or offering to practice beyond the scope permitted by law. (B) Performing treatments or providing services that a licensee is not qualified to perform
  or that are beyond the scope of the licensee’s education, training, capabilities,
  experience, or scope of practice. (C) Performing occupational services that have not been authorized by the consumer or
  his or her legal representative. (3) Any of the following with regard to the buyer's prescription or purchase of ophthalmic
  goods: (A) [Repealed.] (B) Conditioning the availability of an eye examination to any person on a requirement
  that person agree to purchase any ophthalmic goods from the optometrists. (C) Charging the buyer any fee in addition to the optometrist's examination fee as a condition
  to releasing the prescription to the buyer. Provided, an optometrist may charge an
  additional fee for verifying ophthalmic goods dispensed by another seller when the
  additional fee is imposed at the time the verification is performed. (D) Placing on the prescription or requiring the buyer to sign, or delivering to the buyer
  a form or notice waiving or disclaiming the liability or responsibility of the optometrist
  for the accuracy of the eye examination or the accuracy of the prescription for ophthalmic
  goods or services to be dispensed by another seller. (E) Failure to comply with prescription-released requirements established in the Federal
  Ophthalmic Practice Rule (16 C.F.R. Part 456) or the Fairness to Contact Lens Consumers Act (15 U.S.C.A. § 7601-7610). (c) After hearing, the Board may take disciplinary action against a licensee or applicant
  found guilty of unprofessional conduct. (Added 1979, No. 158 (Adj. Sess.), § 1; amended 1983, No. 242 (Adj. Sess.), §§ 7-9; 1993, No. 108 (Adj. Sess.), § 8; 1997, No. 145 (Adj. Sess.), § 41; 2003, No. 108 (Adj. Sess.), § 2; 2009, No. 103 (Adj. Sess.), § 12; 2011, No. 116 (Adj. Sess.), § 24; 2019, No. 30, § 12.)