General Provisions

V.S.A. tit. 26, ch. 28, subch. 1

in effect

26 V.S.A. § 1571 Purpose and effect

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.

26 V.S.A. § 1572 Definitions

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.

26 V.S.A. § 1573 Vermont State Board of Nursing

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 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; 2019, No. 178 (Adj. Sess.), § 7, eff. Oct. 1, 2020.

26 V.S.A. § 1574 Powers and duties

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 medication 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. (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. (C) Standards for nursing education programs and clinical facilities shall: (i) rely upon the standards of recognized national accrediting bodies without duplicating the function of those bodies; (ii) call for the annual reporting of data, including graduation rates and examination pass rates, appropriate to verify that programs are capable of meeting national standards and sustaining responsible operation in the interests of the public; and (iii) be waivable by the Director of Professional Regulation if the Director finds that a program has exhausted reasonable efforts to comply and that such waiver will not compromise a program’s educational integrity. (4) [Repealed.] (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 continued competency and ongoing 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; 2019, No. 30, § 11; 2019, No. 178 (Adj. Sess.), § 7, eff. Oct. 1, 2020; 2023, No. 158 (Adj. Sess.), § 9, eff. June 6, 2024.

26 V.S.A. § 1577 Fees

1577. Fees Applicants and persons regulated under this chapter shall pay the following fees: (1) | Nursing Assistants (A) Application | $25.00 (B) Biennial renewal | $65.00 (2) | Practical Nurses and Registered Nurses (A) Application by exam | $75.00 (B) Application by endorsement | $175.00 (C) Biennial renewal for Practical Nurses | $200.00 (D) Biennial renewal for Registered Nurses | $220.00 (3) | Advanced Practice Registered Nurses (A) Initial endorsement of advanced practice registered nurses | $115.00 (B) Biennial renewal of advanced practice registered nurses | $145.00 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; 2019, No. 70, § 17; 2023, No. 77, § 27, eff. June 20, 2023.

26 V.S.A. § 1582 Regulatory authority; unprofessional conduct

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.

26 V.S.A. § 1583 Exemptions

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.

26 V.S.A. § 1584 Prohibitions; offenses

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.

26 V.S.A. § 1585 Professional corporations; registered or licensed practical nursing

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 that provides professional services in the medical and nursing professions. Added 2007, No. 14, § 2, eff. May 2, 2007.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/26/028Fetched: 10/21/2026