Unprofessional Conduct Statute

Vermont’s Unprofessional Conduct Statute – offered here for your information – although it is now a state requirement that it be posted in all tattoo shops or offered to clients as a part of the requirement for disclosure of information.

§ 4108. Unprofessional conduct

(a) A registered operator or applicant shall not engage in unprofessional conduct.
(b) Unprofessional conduct means the following conduct and conduct set forth in section 129a of Title 3:
(1) Using dishonest or misleading advertising.
(2) Addiction to narcotics, habitual drunkenness, or rendering professional services to a client if the operator is
intoxicated or under the influence of drugs.
(3) Sexual harassment of a client.
(4) Tattooing or body piercing a minor in violation of the provisions of section 4102 of this title.
(c) After hearing and upon a finding of unprofessional conduct, an administrative law officer may take disciplin-
ary action against a registered tattooist or applicant. (Added 1995, No. 79 (Adj. Sess.), § 1; amended 1997, No.
40, § 49(a); 1997, No. 145 (Adj. Sess.), § 62; 2001, No. 129 (Adj. Sess.), § 31, eff. June 13, 2002.)

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§ 129a. Unprofessional conduct

(a) In addition to any other provision of law, the following conduct by a licensee constitutes unprofessional con-
duct. When that conduct is by an applicant or person who later becomes an applicant, it may constitute grounds
for denial of a license or other disciplinary action. Any one of the following items, or any combination of items,
whether or not the conduct at issue was committed within or outside the state, shall constitute unprofessional
conduct:
(1) Fraudulent or deceptive procurement or use of a license.
(2) Advertising that is intended or has a tendency to deceive.
(3) Failing to comply with provisions of federal or state statutes or rules governing the practice of the profes-
sion.
(4) Failing to comply with an order of the board or violating any term or condition of a license restricted by the
board.

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