§ 1736. Unprofessional conduct
(a) The following conduct and the conduct described in section 1354 of this title by a licensed physician assistant shall constitute unprofessional conduct; when that
conduct is by an applicant or person who later becomes an applicant, it may constitute
grounds for denial of licensure:
(1) fraud or misrepresentation in applying for or procuring a license or in applying for
or procuring a periodic renewal of a license;
(2) occupational advertising or advertising about health care services that is intended
or has a tendency to mislead or deceive the public;
(3) exercising undue influence on or taking improper advantage of a person using the individual’s
services, or promoting the sale of professional goods or services in a manner that
exploits a person for the financial gain of the practitioner or of a third party;
(4) failing to comply with provisions of federal or state statutes or rules governing
the profession;
(5) conviction of a crime related to the profession; and
(6) conduct that evidences unfitness to practice in the profession.
(b) Unprofessional conduct includes the following actions by a licensed physician assistant:
(1) Making or filing false professional reports or records, impeding or obstructing the
proper making or filing of professional reports or records, or failing to file a proper
professional report or record.
(2) Practicing the profession when mentally or physically unfit to do so.
(3) Practicing as a physician assistant without a practice agreement meeting the requirements
of section 1735a of this chapter, except under the circumstances described in subsections
1734c(b) and 1735a(e) of this chapter. The Board’s receipt of a practice agreement
filed in accordance with subsection 1735a(f) of this chapter shall not be construed
to constitute Board approval of the practice agreement or of its contents.
(4) Accepting and performing responsibilities that the individual knows or has reason
to know the individual is not competent to perform.
(5) Making any material misrepresentation in the practice of the profession, whether by
commission or omission.
(6) The act of holding oneself out as, or permitting oneself to be represented as, a licensed
physician.
(7) [Repealed.]
(8) Performing or offering to perform a task or tasks beyond the individual’s scope of
practice.
(9) Administering, dispensing, procuring, or prescribing any controlled substance otherwise
than as authorized by law.
(10) Habitual or excessive use or abuse of drugs, alcohol, or other substances that impair
the ability to provide medical services.
(11) Failure to practice competently by reason of any cause on a single occasion or on
multiple occasions. Failure to practice competently includes, as determined by the
Board:
(A) performance of unsafe or unacceptable patient care; or
(B) failure to conform to the essential standards of acceptable and prevailing practice.
(c) A person aggrieved by a determination of the Board may, within 30 days of the order,
appeal that order to the Vermont Supreme Court on the basis of the record created
before the Board.
(d) As used in this section, “health care services” means services for the diagnosis,
prevention, treatment, cure, or relief of a physical or mental health condition, including
counseling, procedures, products, devices, and medications. (Added 1981, No. 100, § 6; amended 1985, No. 208 (Adj. Sess.), § 8, eff. June 30, 1986; 1989, No. 250 (Adj. Sess.), § 47; 2003, No. 34, § 13, eff. May 23, 2003; 2011, No. 61, § 4, eff. June 2, 2011; 2019, No. 123 (Adj. Sess.), § 1; 2025, No. 20, § 12, eff. May 13, 2025.)