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The statutes were updated in November, 2018, and contain all actions of the
2018 legislative session.

Title 26: Professions and Occupations

Chapter 028: NURSING

  • Subchapter 001: GENERAL PROVISIONS
  • § 1571. Purpose and effect

    In order to safeguard the life and health of the people of this State, a person shall not practice or offer to practice registered or practical nursing or as a nursing assistant unless licensed under this chapter. (Added 1979, No. 192 (Adj. Sess.), § 1; amended 1993, No. 201 (Adj. Sess.), § 1; 2015, No. 38, § 7, eff. May 28, 2015.)

  • § 1572. Definitions

    As used in this chapter:

    (1) "Board" means the Vermont State Board of Nursing.

    (2) "Registered nursing" means the practice of nursing, which includes:

    (A) Assessing the health status of individuals and groups.

    (B) Establishing a nursing diagnosis.

    (C) Establishing goals to meet identified health care needs.

    (D) Planning a strategy of medical or health care.

    (E) Prescribing nursing interventions to implement the strategy of care.

    (F) Implementing the strategy of care.

    (G) Delegating nursing interventions that may be performed by others and that do not conflict with this subchapter.

    (H) Maintaining safe and effective nursing care rendered directly or indirectly.

    (I) Evaluating responses to interventions.

    (J) Teaching the theory and practice of nursing.

    (K) Managing and supervising the practice of nursing.

    (L) Collaborating with other health professionals in the management of health care.

    (M) Addressing patient pain.

    (N) Performance of such additional acts requiring education and training and that are recognized jointly by the medical and nursing professions as proper to be performed by registered nurses.

    (3) "Licensed practical nursing" means a directed scope of nursing practice that includes:

    (A) contributing to the assessment of the health status of individuals and groups;

    (B) participating in the development and modification of the strategy of care;

    (C) implementing the appropriate aspects of the strategy of care as defined by the Board;

    (D) maintaining safe and effective nursing care rendered directly or indirectly;

    (E) participating in the evaluation of responses to interventions:

    (F) delegating nursing interventions that may be performed by others and that do not conflict with this chapter; and

    (G) functioning at the direction of a registered nurse, advanced practice registered nurse, licensed physician, or licensed dentist in the performance of activities delegated by that health care professional.

    (4) "Advanced practice registered nurse" or "APRN" means a licensed registered nurse authorized to practice in this State who, because of specialized education and experience, is licensed and authorized to perform acts of medical diagnosis and to prescribe medical, therapeutic, or corrective measures under administrative rules adopted by the Board.

    (5) "License" means a current authorization permitting the practice of nursing as a registered nurse, licensed practical nurse, or advanced practice registered nurse, or the practice as a nursing assistant. (Added 1979, No. 192 (Adj. Sess.), § 1; amended 1993, No. 201 (Adj. Sess.), § 1; 2009, No. 25, § 11; 2011, No. 66, § 5, eff. June 1, 2011; 2015, No. 38, § 7, eff. May 28, 2015.)

  • § 1573. Vermont State Board of Nursing

    (a) There is hereby created the Vermont State Board of Nursing consisting of six registered nurses, including at least two licensed as advanced practice registered nurses; two practical nurses; one nursing assistant; and two public members. Board members shall be appointed by the Governor pursuant to 3 V.S.A. §§ 129b and 2004.

    (b) Appointments of registered and licensed practical nurse members shall be made in a manner designed to be representative of the various types of nursing education programs and nursing services.

    (c) Each member of the Board shall be a citizen of the United States and a resident of this State.

    (1) The licensed members shall have the following in their respective categories of licensure:

    (A) An active license to practice in Vermont.

    (B) At least five years' licensed experience. Three of these five years shall have been immediately preceding appointment.

    (2) The public members shall not be members of any other health-related licensing boards, licensees of any health-occupation boards, or employees of any health agencies or facilities, and shall not derive primary livelihood from the provision of health services at any level of responsibility.

    (d) [Repealed.]  (Added 1979, No. 192 (Adj. Sess.), § 1; amended 1993, No. 201 (Adj. Sess.), § 1; 2005, No. 27, § 45; 2007, No. 163 (Adj. Sess.), § 11; 2011, No. 66, § 5, eff. June 1, 2011; 2015, No. 38, § 7, eff. May 28, 2015; 2017, No. 144 (Adj. Sess.), § 18.)

  • § 1573a. Repealed. 2015, No. 38, § 7, eff. May 28, 2015.

  • § 1574. Powers and duties

    (a) In addition to the powers granted by 3 V.S.A. § 129, the Board shall:

    (1) Hold annual meetings at which it shall elect a chair, a vice chair, and a secretary from its members; and hold such other meetings as may be deemed necessary to transact its business.

    (2) Adopt rules necessary to perform its duties under this chapter.

    (3) Adopt rules setting standards for approval of nursing assistant and nursing education programs in Vermont, including all clinical facilities. The Board may require reimbursement for actual and necessary costs incurred for site surveys.

    (4) Adopt rules for medication nursing assistant education and competency evaluation programs and survey and approve those programs that meet the rules.

    (A) After an opportunity for a hearing, the Board may deny or withdraw approval or take lesser action when a program fails to meet the rules requirements.

    (B) The Board may reinstate a program whose approval has been denied or withdrawn when the Board is satisfied that deficiencies have been remedied and the requirements have been met.

    (5) Adopt rules setting standards required for licensure as a nursing assistant, practical nurse, registered nurse, or advanced practice registered nurse, and for endorsement of those nurses in special areas of nursing practice that require additional education and experience.

    (6) Examine, license, and renew the licenses of duly qualified applicants and keep a record of all persons currently licensed as nursing assistants, practical nurses, registered nurses, and advanced practice registered nurses.

    (7) Adopt rules setting active practice requirements for licensure and renewal.

    (8) Adopt rules for and approve education programs for the benefit of nurses who are reentering practice following a lapse of five or more years.

    (9) Investigate complaints of unauthorized practice or unprofessional conduct or incompetency against any person and take proper action under section 1582 or 1584 of this chapter, as the case may be.

    (10) Adopt rules establishing a program to serve as an alternative to the disciplinary process for nurses and nursing assistants with chemical dependencies or other professional practice issues as designated by the Board.

    (b) In consultation with the Board, the Director of the Office of Professional Regulation may employ an Executive Director of the Board and contract for such persons as may be necessary to carry out the work of the Board. (Added 1979, No. 192 (Adj. Sess.), § 1; amended 1993, No. 201 (Adj. Sess.), § 1; 2007, No. 29, § 25; 2009, No. 103 (Adj. Sess.), § 10; 2015, No. 38, § 7, eff. May 28, 2015.)

  • §§ 1575, 1576. Repealed. 2015, No. 38, § 7, eff. May 28, 2015.

  • § 1577. Fees

    Applicants and persons regulated under this chapter shall pay the following fees:

       (1) Nursing Assistants

    (A) Application                                                                       $ 20.00

    (B) Biennial renewal                                                               $ 45.00

       (2) Practical Nurses and Registered Nurses

    (A) Application                                                                       $ 60.00

    (B) Registered nurse application by endorsement                  $150.00

    (C) Biennial renewal                                                               $140.00

       (3) Advanced Practice Registered Nurses

    (A) Initial endorsement of advanced practice registered

    nurses                                                                                      $ 75.00

    (B) Biennial renewal of advanced practice registered

    nurses                                                                                      $ 75.00

    (Added 1979, No. 192 (Adj. Sess.), § 1; amended 1989, No. 250 (Adj. Sess.), § 44; 1993, No. 201 (Adj. Sess.), § 1; 1995, No. 47, § 23; 1997, No. 59, § 54, eff. June 30, 1997; 2001, No. 143 (Adj. Sess.), § 25, eff. June 27, 2002; 2005, No. 202 (Adj. Sess.), § 13; 2013, No. 191 (Adj. Sess.), § 15; 2015, No. 38, § 7, eff. May 28, 2015.)

  • § 1578. Repealed. 2015, No. 38, § 7, eff. May 28, 2015.

  • § 1579. Repealed. 2017, No. 144 (Adj. Sess.), § 18.

  • § 1580. Repealed. 1993, No. 201 (Adj. Sess.), §§ 1, 3.

  • § 1581. Repealed. 2015, No. 38, § 7, eff. May 28, 2015.

  • § 1582. Regulatory authority; unprofessional conduct

    (a) The Board may deny an application for licensure, renewal, or reinstatement; revoke or suspend any license to practice issued by it; or discipline or in other ways condition the practice of an applicant or licensee upon due notice and opportunity for hearing if the person engages in the following conduct or the conduct set forth in 3 V.S.A. § 129a:

    (1) making or causing to be made a false, fraudulent, or forged statement or representation in procuring or attempting to procure registration or renew a license;

    (2) diverting or attempting to divert drugs or equipment or supplies for unauthorized use;

    (3) engaging in conduct of a character likely to deceive, defraud, or harm the public;

    (4) willfully failing to file or record, or willfully impeding or obstructing filing or recording, or inducing another person to omit to file or record medical reports;

    (5) fraudulent or deceitful submission of any information or records to the Board;

    (6) leaving a nursing assignment without properly advising appropriate personnel;

    (7) violating confidentiality by inappropriately revealing information or knowledge about a patient or client;

    (8) knowingly aiding or abetting a health care provider who is not legally practicing within the State in the provision of health care services;

    (9) permitting one's name or license to be used by a person, group, or corporation when not actually in charge of or responsible for the treatment given;

    (10) failing to comply with the patient bill of rights provisions of 18 V.S.A. § 1852 or other statutes governing the profession;

    (11) sexual misconduct that exploits the provider-patient relationship, including sexual contact with a patient, surrogates, or key third parties;

    (12) abusing or neglecting a patient or misappropriating patient property;

    (13) failing to report to the Board any violation of this chapter or of the Board's rules; or

    (14) failing to take appropriate action to safeguard a patient from incompetent health care.

    (b) A person shall not be liable in a civil action for damages resulting from the good faith reporting of information to the Board about incompetent, unprofessional, or unlawful conduct of a licensee. (Added 1979, No. 192 (Adj. Sess.), § 1; amended 1993, No. 201 (Adj. Sess.), § 1; 1997, No. 145 (Adj. Sess.), § 39; 2011, No. 66, § 5, eff. June 1, 2011; 2015, No. 38, § 7, eff. May 28, 2015.)

  • § 1583. Exemptions

    This chapter does not prohibit:

    (1) Rendering assistance in the case of an emergency or disaster.

    (2) The practice of nursing that is incidental to their program of study by persons enrolled in approved nursing education programs approved by the Board.

    (3) The practice of any nurse who is employed by the U.S. government or any bureau, division, or agency thereof, while in the discharge of his or her official duties.

    (4) The practice of nursing in this State by any currently licensed nurse whose engagement was made outside of this State but required the nurse to accompany and care for the patient while in Vermont. This exception shall not exceed six months.

    (5) The care of the sick by domestic help of any type, whether employed regularly or because of illness, provided such person is employed primarily in a domestic capacity.

    (6) The work and duties of attendants in attendant care services programs.

    (7) The practice of any other occupation or profession licensed under the laws of this State.

    (8) The providing of care for the sick in accordance with the tenets of any church or religious denomination by its adherents if the individual does not hold himself or herself out to be a registered nurse, licensed practical nurse, or licensed nursing assistant and does not engage in the practice of nursing as defined in this chapter.

    (9) A person holding an unencumbered license in another U.S. jurisdiction from practicing nursing for no more than 30 days in any calendar year under the supervision of a Vermont licensed registered nurse as part of an educational offering.

    (10) An advanced practice registered nurse who is duly licensed and in good standing in another state, territory, or jurisdiction of the United States or in Canada from practicing in this State if the APRN is employed as or formally designated as the team APRN by an athletic team visiting Vermont for a specific sporting event and the APRN limits the practice of advanced practice registered nursing in this State to treatment of the members, coaches, and staff of the sports team employing or designating the APRN. (Added 1979, No. 192 (Adj. Sess.), § 1; amended 1989, No. 75, § 2; 1993, No. 201 (Adj. Sess.), § 1; 2009, No. 54, § 88, eff. June 1, 2009; 2011, No. 79 (Adj. Sess.), § 30, eff. April 4, 2012; 2015, No. 38, § 7, eff. May 28, 2015; 2015, No. 94 (Adj. Sess.), § 5, eff. May 10, 2016; 2017, No. 74, § 118.)

  • § 1584. Prohibitions; offenses

    (a) It shall be a violation of this chapter for any person, including any corporation, association, or individual, to:

    (1) Sell or fraudulently obtain or furnish any nursing degree, diploma, certificate of registration, license, or any other related document or record, or to aid or abet therein;

    (2) Practice nursing under cover of any degree, diploma, registration, license, or related document or record illegally or fraudulently obtained or signed or issued unlawfully or under fraudulent representation;

    (3) Practice nursing unless duly registered and currently licensed to do so under the provisions of this chapter;

    (4) Use in connection with a name any words, letters, signs, or figures which imply that a person is a registered or practical nurse or an advanced practice registered nurse when not authorized under this chapter;

    (5) Practice nursing during the time a license issued under this chapter is suspended or revoked;

    (6) Conduct a nursing education program unless the program has been approved by the Board;

    (7) Employ unlicensed persons to practice registered nursing, practical nursing, or as a nursing assistant.

    (8) [Repealed.]

    (b) Any person violating this section shall be subject to the penalties provided in 3 V.S.A. § 127.

    (c) [Repealed.]  (Added 1979, No. 192 (Adj. Sess.), § 1; amended 1993, No. 201 (Adj. Sess.), § 1; 2005, No. 148 (Adj. Sess.), § 13; 2007, No. 29, § 27; 2011, No. 66, § 5, eff. June 1, 2011; 2017, No. 144 (Adj. Sess.), § 18.)

  • § 1585. Professional corporations; registered or licensed practical nursing

    A person licensed to practice registered or licensed practical nursing under this chapter may own shares in a professional corporation created under 11 V.S.A. chapter 4 which provides professional services in the medical and nursing professions. (Added 2007, No. 14, § 2, eff. May 2, 2007.)


  • Subchapter 002: ADVANCED PRACTICE REGISTERED NURSES
  • §§ 1591-1601. Repealed. 2015, No. 38, § 8, eff. May 28, 2015.

  • § 1611. Advanced practice registered nurse licensure

    To be eligible for an APRN license, an applicant shall:

    (1) Have a degree or certificate from a Vermont graduate nursing program approved by the Board or a U.S. graduate program approved by a state or a national accrediting agency that includes a curriculum substantially equivalent to Vermont programs approved by the Board. The educational program shall meet the educational standards set by the national accrediting board and the national certifying board. Programs shall include a supervised clinical component in the role and population focus of the applicant's certification. The program shall prepare nurses to practice advanced nursing in a role as a nurse practitioner, certified nurse midwife, certified nurse anesthetist, or clinical nurse specialist in psychiatric or mental health nursing and shall include, at a minimum, graduate level courses in:

    (A) advanced pharmacotherapeutics;

    (B) advanced patient assessment; and

    (C) advanced pathophysiology.

    (2) Hold current advanced nursing certification in a role and population focus granted by a national certifying organization recognized by the Board. (Added 2011, No. 66, § 5, eff. June 1, 2011; amended 2015, No. 38, § 9, eff. May 28, 2015.)

  • § 1611a. Fee waiver; pro bono practice

    (a) An advanced practice registered nurse who holds an unrestricted license in all jurisdictions in which the nurse is currently licensed, who certifies to the Board that he or she will limit his or her practice in Vermont to providing pro bono services at a free or reduced fee clinic, and who meets the requirements for licensure shall be licensed by the Board without payment of the licensing application fee.

    (b) A license granted under this section shall authorize the licensee to practice advanced practice registered nursing on a voluntary basis in Vermont. (Added 2015, No. 38, § 9, eff. May 28, 2015.)

  • § 1612. Repealed. 2017, No. 144 (Adj. Sess.), § 18.

  • § 1613. Transition to practice

    (a) Graduates with fewer than 24 months and 2,400 hours of licensed active advanced nursing practice in an initial role and population focus or fewer than 12 months and 1,600 hours for any additional role and population focus shall have a formal agreement with a collaborating provider as required by board rule. APRNs shall have and maintain signed and dated copies of all required collaborative provider agreements as part of the practice guidelines. An APRN required to practice with a collaborative provider agreement may not engage in solo practice, except with regard to a role and population focus in which the APRN has met the requirements of this subsection.

    (b) An APRN who satisfies the requirements to engage in solo practice pursuant to subsection (a) of this section shall notify the board that these requirements have been met. (Added 2011, No. 66, § 5, eff. June 1, 2011.)

  • § 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) a current collaborative provider agreement if required for transition to practice. (Added 2011, No. 66, § 5, eff. June 1, 2011; amended 2017, No. 144 (Adj. Sess.), § 18.)

  • § 1615. Advanced practice registered nurses; regulatory authority; unprofessional conduct

    (a) In addition to the provisions of 3 V.S.A. § 129a and section 1582 of this chapter, the Board may deny an application for licensure, renewal, or reinstatement or may revoke, suspend, or otherwise discipline an advanced practice registered nurse upon due notice and opportunity for hearing if the person engages in the following conduct:

    (1) Abandonment of a patient in violation of the duty to maintain a provider-patient relationship within the reasonable expectations of continuing care or referral.

    (2) Solicitation of professional patronage by agents or persons or profiting from the acts of those representing themselves to be agents of the licensed APRN.

    (3) Division of fees or agreeing to split or divide the fees received for professional services for any person for bringing or referring a patient.

    (4) Practice beyond those acts and situations that are within the limits of the knowledge and experience of the APRN, and, for an APRN who is practicing under a collaborative agreement, practice beyond those acts and situations that are within both the usual scope of the collaborating provider's practice and the terms of the collaborative agreement.

    (5) For an APRN who acts as the collaborating provider for an APRN who is practicing under a collaboration agreement, allowing the mentored APRN to perform a medical act that is outside the usual scope of the mentor's own practice or that the mentored APRN is not qualified to perform by training or experience or that is not consistent with the requirements of this chapter and the rules of the Board.

    (6) Providing, prescribing, dispensing, or furnishing medical services or prescription medication or prescription-only devices to a person in response to any communication transmitted or received by computer or other electronic means when the licensee fails to take the following actions to establish and maintain a proper provider-patient relationship:

    (A) a reasonable effort to verify that the person requesting medication is in fact the patient and is in fact who the person claims to be;

    (B) establishment of documented diagnosis through the use of accepted medical practices; and

    (C) maintenance of a current medical record.

    (7) Prescribing, selling, administering, distributing, ordering, or dispensing any drug legally classified as a controlled substance for his or her own use or for an immediate family member.

    (8) Signing a blank or undated prescription form.

    (9) Administering or promoting the sale of medication, devices, appliances, or other patient goods and services in a manner that exploits the patient.

    (10) Selling, prescribing, giving away, or administering drugs for other than legal and legitimate therapeutic purposes.

    (11) Agreeing with clinical or bioanalytical laboratories to make payments to such laboratories for individual tests or test series for patients, unless the APRN discloses on the bills to patients or third party payers the name of such laboratory, the amount or amounts to such laboratory for individual tests or test series, and the amount of his or her processing charge or procurement, if any, for each specimen taken.

    (12) Willful misrepresentation in treatments.

    (13) Permitting one's name or license to be used by a person, group, or corporation when not actually in charge of or responsible for the treatment given.

    (b)(1) For the purposes of subdivision (a)(6) of this section, an electronic, online, or telephonic evaluation by questionnaire is inadequate for the initial evaluation of the patient.

    (2) The following would not be in violation of subdivision (a)(6) of this section:

    (A) initial admission orders for newly hospitalized patients;

    (B) prescribing for a patient of another provider for whom the prescriber has taken call;

    (C) prescribing for a patient examined by a licensed APRN, physician assistant, or other practitioner authorized by law and supported by the APRN;

    (D) continuing medication on a short-term basis for a new patient prior to the patient's first appointment; or

    (E) emergency situations where the life or health of the patient is in imminent danger. (Added 2011, No. 66, § 5, eff. June 1, 2011; amended 2015, No. 38, § 9, eff. May 28, 2015; 2017, No. 144 (Adj. Sess.), § 18.)

  • § 1615a. APRN subcommittee

    (a) The Board shall appoint a subcommittee to study and report to the Board on matters relating to advanced practice registered nurse practice.

    (b) The subcommittee shall be composed of at least five members.

    (1) The majority shall be advanced practice registered nurses who are licensed and in good standing in this State.

    (2) At least one member shall be a member of the public, and at least one member shall be a physician designated by the Board of Medical Practice.

    (c) Members of the subcommittee shall be entitled to compensation and reimbursement of expenses as provided in 32 V.S.A. § 1010. (Added 2015, No. 38, § 9, eff. May 28, 2015.)

  • § 1616. Nurse practitioner and nurse midwife signature authority

    Whenever any provision of Vermont statute or rule or any form provided to any person in this state requires a signature, certification, stamp, verification, affidavit, or other endorsement by a physician, such statute, rule, or form shall be deemed to include a signature, certification, stamp, verification, affidavit, or other endorsement by an advanced practice registered nurse (APRN) licensed pursuant to this chapter and certified as a nurse practitioner or a nurse midwife; provided, however, that nothing in this section shall be construed to expand the scope of practice of APRNs. (Added 2011, No. 122 (Adj. Sess.), § 1.)


  • Subchapter 003: REGISTERED NURSES AND PRACTICAL NURSES
  • § 1621. Registered nurse licensure by examination

    To be eligible for licensure as a registered nurse by examination, an applicant shall complete:

    (1) an approved U.S. registered nursing education program meeting requirements set by the Board by rule; and

    (2) examinations as determined by the Board. (Added 2015, No. 38, § 11, eff. May 28, 2015.)

  • §§ 1621-1624. Repealed. 2015, No. 38, § 10, eff. May 28, 2015.

  • § 1622. Registered nurse licensure by endorsement

    (a) Except as otherwise provided pursuant to subsection (b) of this section, to be eligible for licensure as a registered nurse by endorsement, an applicant shall:

    (1) hold a current license to practice registered nursing in another U.S. jurisdiction based on education in a nursing program acceptable to the Board; and

    (2) meet practice requirements set by the Board by rule.

    (b) Except as otherwise provided by law, the Board shall issue a license to practice as a registered nurse to an applicant who:

    (1) is a service member or veteran;

    (2) has received designation by the U.S. Armed Forces as a 66H Nurse or equivalent;

    (3) has received at least a bachelor's degree in nursing from a program that is accredited by the Accreditation Commission for Education in Nursing (ACEN) or by the Commission on Collegiate Nursing Education (CCNE) or that is accepted by the U.S. Secretary of Education; and

    (4) has completed a qualified course in public health nursing or one year of supervised nursing experience.

    (c) As used in this section:

    (1) "Service member" means an individual who is an active member of:

    (A) the U.S. Armed Forces;

    (B) a reserve component of the U.S. Armed Forces;

    (C) the U.S. Coast Guard; or

    (D) the National Guard of any state.

    (2) "Veteran" means a former service member who received an honorable discharge or a general discharge under honorable conditions from active duty not more than two years prior to submitting an application for licensure. (Added 2015, No. 38, § 11, eff. May 28, 2015; amended 2017, No. 119 (Adj. Sess.), § 4; 2017, No. 144 (Adj. Sess.), § 18.)

  • § 1623. Licensure for registered nurses educated outside the United States

    To be eligible for licensure under this chapter, a registered nurse applicant who was educated outside the United States shall:

    (1) hold a current registered nurse license from a country outside the United States;

    (2) complete secondary education;

    (3) graduate from a registered nursing education program meeting the requirements of rules set by the Board;

    (4) demonstrate English language proficiency, if the nursing education program was conducted in a language other than English; and

    (5) complete examinations as determined by the Board. (Added 2015, No. 38, § 11, eff. May 28, 2015.)

  • § 1624. Registered nurse license renewal

    To renew a license, a registered nurse shall meet active practice requirements set by the Board by rule. (Added 2015, No. 38, § 11, eff. May 28, 2015.)

  • § 1625. Practical nurse licensure by examination

    To be eligible for licensure as a practical nurse by examination, an applicant shall:

    (1) complete an approved U.S. practical nursing education program meeting requirements set by the Board by rule; and

    (2) complete examinations as determined by the Board. (Added 2015, No. 38, § 11, eff. May 28, 2015.)

  • § 1626. Practical nurse licensure by endorsement

    To be eligible for licensure as a practical nurse by endorsement, an applicant shall:

    (1) hold a current license to practice practical nursing in another U.S. jurisdiction based on education in a nursing program acceptable to the Board; and

    (2) meet practice requirements set by the Board by rule. (Added 2015, No. 38, § 11, eff. May 28, 2015; amended 2017, No. 144 (Adj. Sess.), § 18.)

  • § 1627. Licensure for practical nurses educated outside the United States

    To be eligible for licensure under this chapter, a practical nurse applicant who was educated outside the United States shall:

    (1) hold a current practical nurse license from a country outside the United States;

    (2) complete secondary education;

    (3) graduate from a practical nursing education program meeting the requirements of rules set by the Board;

    (4) demonstrate English language proficiency if the nursing education program was conducted in a language other than English; and

    (5) complete examinations as determined by the Board. (Added 2015, No. 38, § 11, eff. May 28, 2015.)

  • § 1628. Practical nurse license renewal

    To renew a license, a practical nurse shall meet active practice requirements set by the Board by rule. (Added 2015, No. 38, § 11, eff. May 28, 2015.)

  • § 1629. Fee waiver; pro bono practice

    (a) A nurse who holds an unrestricted license in all jurisdictions in which the nurse is currently licensed, who certifies to the Board that he or she will limit his or her practice in Vermont to providing pro bono services at a free or reduced fee clinic, and who meets the requirements for licensure shall be licensed by the Board without payment of the licensing application fee.

    (b) A license granted under this section shall authorize the licensee to practice nursing on a voluntary basis in Vermont. (Added 2015, No. 38, § 11, eff. May 28, 2015.)


  • Subchapter 004: NURSING ASSISTANTS
  • § 1641. Definitions

    As used in this subchapter:

    (1) "Medication nursing assistant" means a licensed nursing assistant who:

    (A) is under the supervision of a nurse holding a currently valid endorsement authorizing the delegation to the nursing assistant of tasks of medication administration performed in a nursing home;

    (B) has completed a Board-approved medication administration education program and an examination as set forth by rules adopted by the Board; and

    (C) is endorsed by the Board and authorized to administer medication in a nursing home.

    (2) "Nursing assistant" means an individual who performs nursing or nursing-related functions under the supervision of a licensed nurse.

    (3) "Nursing or nursing-related functions" means nursing-related activities as defined by rule, which include basic nursing and restorative duties for which a nursing assistant is prepared by education and supervised practice. (Added 2015, No. 38, § 14, eff. May 28, 2015.)

  • § 1642. Nursing assistant licensure by examination

    The Board may issue a license to practice as a nursing assistant to an applicant who:

    (1) is no less than 16 years of age;

    (2) has completed an approved nursing assistant education program; and

    (3) has successfully completed the competency examination. (Added 2015, No. 38, § 14, eff. May 28, 2015.)

  • § 1643. Nursing assistant licensure by endorsement

    (a) The Board may issue a license to practice as a nursing assistant to an applicant who:

    (1) is licensed or registered in another U.S. jurisdiction; and

    (2) has met the practice requirements set by the Board by rule.

    (b) Except as otherwise provided by law, the Board shall issue a license to practice as a nursing assistant to an applicant who:

    (1) is a service member or a veteran;

    (2) has received designation by the U.S. Armed Forces as a 68W Combat Medic Specialist or equivalent; and

    (3) is certified as a National Registry Emergency Medical Technician.

    (c) As used in this section:

    (1) "Service member" means an individual who is an active member of:

    (A) the U.S. Armed Forces;

    (B) a reserve component of the U.S. Armed Forces;

    (C) the U.S. Coast Guard; or

    (D) the National Guard of any state.

    (2) "Veteran" means a former service member who received an honorable discharge or a general discharge under honorable conditions from active duty not more than two years prior to submitting an application for licensure. (Added 2015, No. 38, § 14, eff. May 28, 2015; amended 2017, No. 119 (Adj. Sess.), § 5.)

  • § 1644. Prohibitions; offenses

    (a) A person shall not use any letters, words, or insignia in connection with the person's name that indicate or imply that the person is a nursing assistant unless the person is licensed in accordance with this subchapter.

    (b) A person shall not practice nursing or nursing-related functions as defined in section 1641 of this subchapter without being licensed by the Board.

    (c) A person who violates this section shall be subject to the penalties set forth in 3 V.S.A. § 127. (Added 2015, No. 38, § 14, eff. May 28, 2015.)

  • § 1645. Renewal

    (a) To renew a license, a nursing assistant shall meet active practice requirements set by the Board by rule.

    (b) The Board shall credit as active practice those activities, regardless of title or obligation to hold a license, that reasonably tend to reinforce the training and skills of a licensee. (Added 2015, No. 38, § 14, eff. May 28, 2015; amended 2017, No. 144 (Adj. Sess.), § 18.)

  • § 1646. Exemptions

    (a) Nothing in this subchapter shall be construed to prohibit other licensed or certified professionals from carrying on in the usual manner any of the functions of their professions.

    (b) This subchapter does not prohibit the performance of nursing or nursing-related functions that are incidental to their program of study by persons enrolled in approved nursing assistant education and competency evaluation programs.

    (c) Nothing in this subchapter shall be construed to conflict with the administration of medication by nonlicensees pursuant to the residential care home licensing rules adopted by the Department of Disabilities, Aging, and Independent Living. (Added 2015, No. 38, § 14, eff. May 28, 2015.)