Unprofessional Conduct Statute

(5) Practicing the profession when medically or psychologically unfit to do so.
(6) Delegating professional responsibilities to a person whom the licensed professional knows, or has reason to
know, is not qualified by training, experience, education or licensing credentials to perform them.
(7) Willfully making or filing false reports or records in the practice of the profession; willfully impeding or ob-
structing the proper making or filing of reports or records or willfully failing to file the proper reports or records.
(8) Failing to make available promptly to a person using professional health care services, that person’s repre-
sentative, succeeding health care professionals or institutions, upon written request and direction of the person
using professional health care services, copies of that person’s records in the possession or under the control of
the licensed practitioner.
(9) Failing to retain client records for a period of seven years, unless laws specific to the profession allow for a
shorter retention period. When other laws or agency rules require retention for a longer period of time, the lon-
ger retention period shall apply.
(10) Conviction of a crime related to the practice of the profession or conviction of a felony, whether or not
related to the practice of the profession.
(11) Failing to report to the office a conviction of any felony or any offense related to the practice of the profes-
sion in a Vermont district court, a Vermont superior court, a federal court, or a court outside Vermont within 30
days.
(12) Exercising undue influence on or taking improper advantage of a person using professional services, or
promoting the sale of services or goods in a manner which exploits a person for the financial gain of the practi-
tioner or a third party.
(13) Performing treatments or providing services which the licensee is not qualified to perform or which are
beyond the scope of the licensee’s education, training, capabilities, experience, or scope of practice.
(14) Failing to report to the office within 30 days a change of name or address.
(b) Failure to practice competently by reason of any cause on a single occasion or on multiple occasions may
constitute unprofessional conduct, whether actual injury to a client, patient, or customer has occurred. Failure to
practice
competently includes:

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