Unprofessional conduct

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§ 2431. Unprofessional conduct

(a) Unprofessional conduct is the conduct prohibited by this section, and by 3 V.S.A. § 129a, whether or not taken by a license holder.

(b) Unprofessional conduct means:

(1) failing to make available, upon request of a person using the licensee's services, copies of documents in the possession or under the control of the licensee, when those documents have been prepared for and purchased by the user of services;

(2) conduct that evidences moral unfitness to practice the occupation;

(3) any of the following except when reasonably undertaken in an emergency situation in order to protect life, health, or property:

(A) practicing or offering to practice beyond the scope permitted by law;

(B) accepting and performing occupational responsibilities that the licensee knows or has reason to know that he or she is not competent to perform;

(C) performing occupational services that have not been authorized by the consumer or his or her legal representative.

(c) After hearing, the Board may take disciplinary action against a licensee or applicant found guilty of unprofessional conduct. Discipline against an applicant may be a warning, a reprimand, suspension of a license for a specific period of time, or permanent revocation or denial of license. (Added 1981, No. 67, § 1; amended 1997, No. 145 (Adj. Sess.), § 46.)


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