Vermont § 4714 - Unprofessional conduct

§ 4714. Unprofessional conduct

• (a) A person licensed under this chapter or a person applying for a license shall not
  engage in unprofessional conduct. (b) Unprofessional conduct means the following conduct in addition to the conduct set
  forth in 3 V.S.A.§ 129a: (1) Failure to keep written respiratory care records justifying a course of treatment
  for a patient, including patient history, examination results, and test results. (2) Performing professional services that have not been authorized by the patient or his
  or her legal representative. (3) Performing any procedure or prescribing any therapy that, by the prevailing standards
  of respiratory care practice, would constitute experimentation on a human subject
  without first obtaining full, informed written consent. (4) Sexual harassment of a patient. (5) Engaging in a sexual act as defined in 13 V.S.A. § 3251 with a patient under the care of the person licensed under this chapter. (c) In connection with a disciplinary action, the Office of Professional Regulation may
  refuse to accept the return of a license tendered by the subject of a disciplinary
  investigation. (d) 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. (e) After hearing and upon a finding of unprofessional conduct or upon approval of a negotiated
  agreement, an administrative law officer may take disciplinary action against the
  licensee or applicant. That action may include any of the following conditions or
  restrictions, which may be in addition to or in lieu of a warning, reprimand, administrative
  penalty, suspension, or revocation: (1) A requirement that the person submit to care or counseling. (2) A restriction that a licensee practice only under supervision of a named individual
  or an individual with specified credentials. (3) A requirement that a licensee participate in continuing education as directed by the
  administrative law officer in order to overcome specified deficiencies. (4) A requirement that the licensee’s scope of practice be restricted to a specified extent. (f) The administrative law officer may reinstate a revoked license on terms and conditions
  he or she deems proper. (Added 2003, No. 139 (Adj. Sess.), § 2.)