Board of Medical Practice: Statute, Laws, Rules
Statutes
Rules
- Continuing Medical Education (CME) Rules The new requirement for CME as a condition of physician licensure results from a 2011 change in Vermont law, as found at 26 VSA §1400. After a process that took several months and included multiple announcements of public hearings and invitations for comment on proposed rules, the approved rules will be effective on October 1, 2012. The requirement is to complete CME during the licensing cycle, December 1, 2012 to November 30, 2014, and report CME as a part of the renewal process for the 2014 to 2016 physician licenses. Now that CME is a condition of licensure, the Board plans to take a much more active role in sponsoring activities to promote the availability of high-quality, low-cost programs that may appeal to many licensees, especially in subject areas that are mandated for all or some licensees. For more information, please contact the Board: 802-657-4220.
- Board of Medical Practice Rules (effective 2-16-2001) are being revised dues to changes to the Vermont Statutes cited above. Please be advised that some of the current Rules conflict with the current Statutes and, where this occurs, the Statutes preempt the Rules. If you have any questions regadring the applicability of the Rules, please coantact the Board of Medical Practice at 802-657-4220.
- Radiologist Assistants: The Final Proposed Rules for the licensing and oversight of Radiologist Assistants, as provided for by 26 V.S.A. § 2852 became effective November 15, 2011.
- Vermont Board of Pharmacy Rules (Effective October 1, 2009) - Rule 9.5 Tamper Resistent Prescription Forms
Selected Laws & Legislation
- Hospital Patients' Bill of Rights
- Patients' Bill of Rights for Palliative Care & Pain Mgt
- Reportable Diseases in Vermont
Reports, Advisories
- Termination of the Physician-Patient Relationship (Adopted January 6, 1999)
Selected Court Decisions
Agee v. Grunert - Opinion issued in 2004
- Peter L. Braun DDS v. Board of Dental Examiners 167 Vt. 110; 702 A.2d 124 (1997)
Note: This Board of Dental Examiners case is cited in Lynch, below.
- Annette Lynch, M.D. v. Office of Professional Regulation Docket No. 1999-389 December 5, 2001 Unpublished Entry Order
The Vermont Supreme Court will not disturb findings of fact unless clearly erroneous, and will affirm the Board of Medical Practice's conclusions as long as they are rationally derived from its findings and based on a correct interpretation of the law.
- Perry v. Medical Practice Board 169 Vt. 399; 737 A.2d 900 (1999)
Board of Medical Practice's authority to issue or deny a medical license necessarily implied discretionary authority to deny leave to withdraw a license application; State's interest in regulating entrance to medical profession was compelling, and board's authority to continue a disciplinary investigation to completion and deny an application where necessary was an integral and necessary component of board's reciprocal duties vis-á-vis other licensing jurisdictions.
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In re: Trudy J. Smith 169 Vt. 162; 730 A.2d 605 (1999)
Note: This Board of Nursing case is cited in Lynch, above.