§ 4081. Legislative intent
It is the intent of this chapter:
(1) To ensure that consumers of psychotherapy services are provided with the information
relating to the training and qualification of nonlicensed and noncertified providers
of psychotherapy necessary to enable them to make informed decisions concerning their
choice of providers.
(2) That psychotherapists who are nonlicensed and noncertified are entered on a roster
and practice according to established standards of professional conduct and be subject
to disciplinary procedures if they fail to adhere to those standards.
(3) That the term psychotherapy as used in this chapter be narrowly interpreted to ensure
that only those persons who provide services that clearly fall within the definition
of psychotherapy are subject to the provisions of this chapter. (Added 1993, No. 222 (Adj. Sess.), § 17.)
§ 4082. Definitions
As used in this chapter:
(1) “Board” means the Board of Allied Mental Health Practitioners established under section 3262a of this title.
(2) “Disciplinary action” includes any action taken by the Board against a person who
is entered on the Roster or who applies for entry on the Roster, premised on a finding
of unprofessional conduct. It includes all sanctions of any kind, such as refusal
to enter a person on the Roster or to renew a Roster entry, suspension or revocation
of the person’s right to be entered on the Roster, issuing warnings, limitations on
a person’s right to practice, and other similar sanctions.
(3) “Psychotherapist who is nonlicensed and noncertified” means a person who practices
psychotherapy and is neither a licensed psychologist, clinical social worker, or mental
health counselor, nor a certified marriage and family therapist or a psychoanalyst.
(4) “Psychotherapy” means the provision of treatment, diagnosis, evaluation, or counseling
services to individuals or groups, for a consideration, for the purpose of alleviating
mental disorders. “Psychotherapy” involves the application of therapeutic techniques
to understand unconscious or conscious motivation, resolve emotional, relationship,
or attitudinal conflicts, or modify behavior that interferes with effective emotional,
social, or mental functioning. “Psychotherapy” follows a systematic procedure of psychotherapeutic
intervention that takes place on a regular basis over a period of time, or, in the
case of evaluation and brief psychotherapies, in a single or limited number of interventions.
If a person is employed by or under contract with the Agency of Human Services, this
definition does not apply to persons with less than a master’s degree; to persons
providing life skills training or instruction, such as learning to make friends, to
handle social situations, to do laundry, and to develop community awareness; or interactions
of employees or contracted individuals with clients whose job description or contract
specifications do not specifically mention “psychotherapy” as a job responsibility
or duty.
(5) “Roster” means the list of psychotherapists who are nonlicensed and noncertified that
is maintained by the Office of Professional Regulation in the Office of the Secretary
of State. (Added 1993, No. 222 (Adj. Sess.), § 17; amended 1997, No. 40, § 66; 1997, No. 145 (Adj. Sess.), § 26; 2005, No. 27, § 98.)
§ 4083. Prohibitions; penalties
(a) No person shall practice psychotherapy unless the person is entered on the Roster
of Psychotherapists who are Nonlicensed and Noncertified.
(b) A person entered on the Roster shall not use the terms certified, clinical, licensed,
registered, or State-approved, or any other term that would give the impression that
the psychotherapist or the service that is being provided is recommended or approved
by the State based solely on inclusion on the Roster.
(c) A person who violates the provisions of this section shall be subject to the penalties
provided in 3 V.S.A. § 127(c). (Added 1993, No. 222 (Adj. Sess.), § 17; amended 2007, No. 29, § 60.)
§ 4084. Unauthorized practice
The provisions of 3 V.S.A. § 127, relating to unauthorized practice, shall apply to a psychotherapist who practices
without being entered on the Roster. (Added 1993, No. 222 (Adj. Sess.), § 17.)
§ 4085. Exemptions
(a) The provisions of this chapter shall not apply to persons while engaged in the course
of their customary duties as clergy, licensed physicians, nurses, osteopaths, optometrists,
dentists, lawyers, psychologists, social workers, mental health counselors, certified
marriage and family therapists, licensed alcohol and drug counselors, and psychoanalysts
or licensed educators when performing their duties consistent with the accepted standards
of their respective professions.
(b) The provisions of this chapter shall not apply to persons while engaged in the course
of their duties:
(1) In the activities and services of the clergy or leader of any religious denomination
or sect or a Christian Science practitioner when engaging in activities that are within
the scope of the performance of the person’s regular or specialized ministerial duties
and for which no separate charge is made, or when these activities are performed,
with or without charge, for or under the auspices of sponsorship, individually or
in conjunction with others, of an established and legally recognizable church, denomination,
or sect, and when the person rendering services remains accountable to the established
authority of that church, denomination, or sect.
(2) In employment or rehabilitation counseling.
(3) As an employee of, or under contract with, the Agency of Human Services, provided
the person is not covered by the definition of psychotherapy in section 4082 of this title.
(4) As a mediator.
(5) In an official evaluation for court purposes.
(6) As a volunteer for, or a member of, a self-help group such as Alcoholics Anonymous
and peer counseling or domestic violence groups whether or not the person is serving
for a consideration.
(7) As a respite caregiver, foster care worker, or hospice worker.
(c) The prohibitions of this chapter shall not apply to practices in the fields of:
(1) Body work education and healing, including massage therapy, stress reduction, physical
fitness, or yoga.
(2) Energy-related therapy, including kinesiology, crystology, and sound therapy.
(3) Psychic reading and healing arts, including astrology, channeling, and palmistry.
(4) Social science research and education, including sociology and educational tutoring.
(5) Human resource development, including personnel management, career development, and
business consultants.
(d) Notwithstanding the provisions of subsections (a), (b), and (c) of this section, the
provisions of this chapter shall apply to any person entered on the Roster as a nonlicensed
and noncertified psychotherapist under this chapter. (Added 1993, No. 222 (Adj. Sess.), § 17; amended 1995, No. 126 (Adj. Sess.), § 10; 1997, No. 145 (Adj. Sess.), § 27; 1999, No. 52, § 36; 2011, No. 66, § 12, eff. June 1, 2011.)
§ 4086. Roster of Psychotherapists who are Nonlicensed and Noncertified
(a) A roster of psychotherapists who are nonlicensed and noncertified is created. The
Roster shall include all nonlicensed and noncertified psychotherapists who practice
in this State.
(b) Any psychologist, clinical social worker, clinical mental health counselor, marriage
and family therapist, psychoanalyst, or any other allied mental health practitioner
whose license, certification, registration, or state endorsement is suspended or has
been permanently revoked by Vermont or any other jurisdiction shall be ineligible
for entry on the Roster. (Added 1993, No. 222 (Adj. Sess.), § 17; amended 2005, No. 27, § 99.)
§ 4087. Entry on the Roster; procedure
(a) A psychotherapist who is nonlicensed and noncertified shall apply for entry on the
Roster. Applications shall be made on the form provided by the Director, shall contain
such information and professional data as the Director may require, and shall be accompanied
by payment of the specified fee.
(b) Each psychotherapist whose name appears on the Roster shall notify the Director, in
writing, of any change in the information previously provided to the Director. Notifications
of changes of information shall be made within 30 days of the date the change occurred.
(c) [Repealed.] (Added 1993, No. 222 (Adj. Sess.), § 17; amended 1997, No. 40, § 67; 2003, No. 60, § 20.)
§ 4088. Renewal
Entries on the Roster shall be renewed every two years by submission of a new, completed
Roster form and shall be accompanied by payment of the specified fee. (Added 1993, No. 222 (Adj. Sess.), § 17.)
§ 4089. Repealed. 1997, No. 59, § 65(11), eff. June 30, 1997.
§ 4089a. Fees
A person who seeks entry on the roster shall pay the following fees:
| |
(1) |
Initial roster entry |
$95.00 |
| |
(2) |
Biennial roster reentry |
$175.00 |
(Added 1997, No. 155 (Adj. Sess.), § 8, eff. April 29, 1998; amended 1999, No. 49, § 184; 2001, No. 143 (Adj. Sess.), § 33, eff. June 21, 2002; 2005, No. 202 (Adj. Sess.), § 22; 2019, No. 70, § 25; 2023, No. 77, § 19, eff. June 20, 2023.)
§ 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, the method for filing a complaint
or making a consumer inquiry, and provisions relating to the manner in which the information
shall be displayed and signed by both the rostered psychotherapist and the client.
The rules may include provisions for applying or modifying these requirements in cases
involving clients of designated agencies, institutionalized clients, minors, and adults
under the supervision of a guardian. (Added 1993, No. 222 (Adj. Sess.), § 17; amended 1997, No. 40, § 69; 2015, No. 38, § 37, eff. May 28, 2015.)
§ 4091. Board; duties
(a) The Board shall:
(1) Provide general information to applicants for entry on the Roster.
(2) Explain appeal procedures to persons entered on the Roster and complaint procedures
to the public.
(3) Administer fees collected under this chapter.
(4) Receive applications for entry on the Roster, enter applicants, renew entries on the
Roster, and revoke, reinstate, or condition entry on the Roster as ordered by the
Board.
(5) Refer all complaints and disciplinary matters to the Board.
(b) The Board may adopt rules necessary to perform its duties under subsection (a) of
this section. (Added 1993, No. 222 (Adj. Sess.), § 17; amended 1997, No. 40, §§ 70, 73(a), (b).)
§ 4092. Repealed. 1997, No. 40, § 74.
§ 4093. Unprofessional conduct
(a) Unprofessional conduct means the following conduct and conduct set forth in 3 V.S.A. § 129a:
(1) Providing fraudulent or deceptive information in an application for entry on the Roster.
(2) Conviction of a crime that evinces an unfitness to practice psychotherapy.
(3) Unauthorized use of a protected title in professional activity.
(4) Conduct that 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 psychotherapist 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.)