Vermont Statutes Title 26 Sec. 4062
Terms Used In Vermont Statutes Title 26 Sec. 4062
- Certified psychoanalyst: means a person who is certified under this chapter. See
- Disciplinary action: includes any action taken by the Director or an administrative law officer appointed pursuant to 3 V. See
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
§ 4062. Unprofessional conduct
(a) Unprofessional conduct means the following conduct and the conduct set forth in 3 V.S.A. § 129a:
(1) Failing to use a complete title in professional activity.
(2) Conduct that evidences moral unfitness to practice psychoanalysis.
(3) Engaging in any sexual conduct with a client, or with the immediate family member of a client, with whom the certified psychoanalyst has had a professional relationship within the previous two years.
(4) Harassing, intimidating, or abusing a client.
(5) Entering into an additional relationship with a client, supervisee, research participant, or student that might impair the psychoanalyst’s objectivity or otherwise interfere with the psychoanalyst’s professional obligations.
(6) Practicing outside or beyond a psychoanalyst’s area of training, experience, or competence without appropriate supervision.
(7) Using conversion therapy as defined in 18 V.S.A. § 8351 on a client younger than 18 years of age.
(b) In connection with a disciplinary action, the Office of Professional Regulation may refuse to accept the return of a certification tendered by the subject of a disciplinary investigation.
(c) The burden of proof in a disciplinary action shall be on the State to show by a preponderance of the evidence that the person has engaged in unprofessional conduct.
(d) After hearing and upon a finding of unprofessional conduct, or upon approval of a negotiated agreement, the administrative law officer may take disciplinary action against the certified psychoanalyst or applicant. That action may include any of the following conditions or restrictions, which may be in addition to or in lieu of suspension:
(1) A requirement that the person submit to appropriate treatment.
(2) A restriction that a certified psychoanalyst practice only under supervision of a named individual or an individual with specified credentials.
(3) A requirement that a certified psychoanalyst participate in continuing education as directed by the Office of Professional Regulation in order to overcome specified deficiencies.
(4) A requirement that the certified psychoanalyst’s scope of practice be restricted to a specified extent.
(e) The administrative law officer may reinstate a revoked certification on terms and conditions that the administrative law officer deems to be proper. (Added 1993, No. 222 (Adj. Sess.), § 15; amended 1997, No. 145 (Adj. Sess.), § 60; 2015, No. 138 (Adj. Sess.), § 10.)