Terms Used In Vermont Statutes > Title 26 > Chapter 55 - Psychologists

• Adverse action: means any action taken by a state psychology regulatory authority that finds a violation of a statute or regulation that is identified by the state psychology regulatory authority as discipline and is a matter of public record. See
• ALI: means the system capability to identify automatically the geographical location of the electronic device being used by the caller to summon assistance and to provide that location information to an appropriate device located at any public safety answering point for the purpose of sending emergency assistance. See
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• ANI: means the system capability to identify automatically the calling telephone number and to provide a display of that number at any public safety answering point. See
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Authority to Practice Interjurisdictional Telepsychology: means a licensed psychologist's authority to practice telepsychology, within the limits authorized under this Compact, in another Compact state. See
• board: means the governing board of the communications union district as established under this chapter. See
• Board: means the Vermont Enhanced 911 Board established under section 7053 of this title. See
• Board: means the Board of Psychological Examiners established under this chapter. See
• Bylaws: means those bylaws established by the Psychology Interjurisdictional Compact Commission pursuant to section 3031 of this title for its governance or for directing and controlling its actions and conduct. See
• Caller: means a person or an automated device calling on behalf of a person. See
• Client or patient: means the recipient of psychological services, whether psychological services are delivered in the context of health care, corporate, supervision, consulting services, or a combination of these. See
• Commission: means the national administration of which all Compact states are members. See
• Commissioner: shall mean in this title only the Commissioner of Motor Vehicles. See
• Commissioner: means the voting representative appointed by each state psychology regulatory authority pursuant to section 3031 of this title. See
• Communications plant: means any and all parts of any communications system owned by the district, whether using wires, cables, fiber optics, wireless, other technologies, or a combination thereof, and used for the purpose of transporting or storing information, in whatever forms, directions, and media, together with any improvements thereto hereafter constructed or acquired, and all other facilities, equipment, and appurtenances necessary or appropriate to such system. See
• Compact state: means a state, the District of Columbia, or United States territory that has enacted this Compact legislation and that has not withdrawn pursuant to subsection 3024(c) of this title or been terminated pursuant to subsection 3023(b) of this title. See
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Cooperative: means a corporation organized under, or otherwise subject to, chapter 81 of this title. See
• coordinated database: means an integrated process for collecting, sorting, and sharing information on psychologists' licensure and enforcement activities related to psychology licensure laws, which is administered by the recognized membership organization composed of state and provincial psychology regulatory authorities. See
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• database: means a derivative, verified set of records which contain at a minimum a telephone number and location identification for each unique building or publicly used facility within a defined geographic area in Vermont. See
• Day: means any part of a day in which psychological work is performed. See
• Director: means the Director for statewide Enhanced 911. See
• Dispatchable Location: means the location information delivered to the public safety answering point with a 911 call. See
• Distant State: means the Compact state where a psychologist is physically present, not through the use of the telecommunications technologies, to provide temporary in-person, face-to-face psychological services. See
• district: means a communications union district formed under this chapter. See
• Domestic: when applied to a corporation, company, association, or copartnership shall mean organized under the laws of this State; "foreign" when so applied, shall mean organized under the laws of another state, government, or country. See
• Electric facilities: means any facilities necessary or incidental to the generation of electric power and energy or the transmission thereof, including electric generating units, electric generating plants, electric transmission lines, plant sites, rights-of-way, and real and personal property and equipment, and rights of every kind useful in connection therewith. See
• Emergency services: means fire, police, medical, and other services of an emergency nature as identified by the Board. See
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• 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.
• Executive Board: means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission. See
• Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
• Financial interest: means being:

• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Home State: means a Compact state where a psychologist is licensed to practice psychology. See
• Identity history summary: means a summary of information retained by the Federal Bureau of Investigation (FBI), or other designee with similar authority, in connection with arrests and, in some instances, federal employment, naturalization, or military service. See
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• IP-enabled service: means a service, device, or application that makes use of Internet protocol, or IP, and which is capable of entering the digits 9-1-1 or otherwise contacting the emergency 911 system. See
• IPC: means a certificate issued by the Association of State and Provincial Psychology Boards (ASPPB) that grants temporary authority to practice based on notification to the state psychology regulatory authority of intention to practice temporarily and verification of one's qualifications for such practice. See
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legacy: A gift of property made by will.
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: means authorization by a state psychology authority to engage in the independent practice of psychology, which would be unlawful without the authorization. See
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• member municipality: means a town or city that elects to form or join a communications union district under this chapter. See
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• motor fuel: includes aviation gasoline and shall not include the following:

• Motor vehicle: means any self-propelled vehicle using motor fuel on the public highways and registered or required to be registered for operation on these highways. See
• Municipal electric utility: means any city, town, village, or department thereof, within this State, authorized to and engaged in the manufacture, distribution, purchase, and sale of electricity in this State. See
• Municipality: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. See
• Municipality: means any city, town, incorporated village, unorganized town, gore, grant, or other political subdivision of the State. See
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• 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
• Personal property: All property that is not real property.
• Practice of psychology: means rendering or offering to render to individuals, groups, or organizations, for a consideration, any service involving the application of principles, methods, and procedures of understanding, predicting, and influencing behavior that are primarily drawn from the science of psychology. See
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Psychologist: means an individual licensed for the independent practice of psychology. See
• Psychotherapy: means the provision of treatment, diagnosis, evaluation, or counseling services to individuals or groups, for a consideration, for the purpose of alleviating mental disorders. See
• Public safety answering point: means a facility with the capability to receive emergency calls, operated on a 24-hour basis, assigned the responsibility of receiving 911 calls and dispatching, transferring, or relaying emergency 911 calls to other public safety agencies or private safety agencies. See
• Quorum: The number of legislators that must be present to do business.
• real estate: shall include lands, tenements, and hereditaments and all rights thereto and interests therein, and pews or slips in places of public worship shall be treated as real estate. See
• Receiving State: means a Compact state where the client or patient is physically located when the telepsychological services are delivered. See
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Rule: means a written statement by the Psychology Interjurisdiction Compact Commission promulgated pursuant to section 3032 of this title that is of general applicability; implements, interprets, or prescribes a policy or provision of the Compact, or an organization, procedural, or practice requirement of the Commission and has the force and effect of statutory law in a Compact state; and includes the amendment, repeal, or suspension of an existing rule. See
• said: when used by way of reference to a person or thing shall apply to the same person or thing last mentioned. See
• seal: shall include an impression of the official seal made upon paper alone or by means of a wafer or wax affixed thereto. See
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Significant investigatory information: means :

• State: means a state, commonwealth, territory, or possession of the Unites States, or the District of Columbia. 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
• State psychology regulatory authority: means the board, office, or other agency with the legislative mandate to license and regulate the practice of psychology. See
• Station: means a telephone handset, customer premise equipment (CPE), or calling device that is capable of initiating a call to 911. See
• Statute: A law passed by a legislature.
• Telepsychology: means the provision of psychological services using telecommunication technologies. See
• Temporary Authorization to Practice: means a licensed psychologist's authority to conduct temporary in-person, face-to-face practice, within the limits authorized under this Compact, in another Compact state. See
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Town: shall include city and wards or precincts therein; "selectboard members" and "board of civil authority" shall extend to and include the mayor and aldermen of cities; "trustees" shall extend to and include bailiffs of incorporated villages; and the laws applicable to the inhabitants and officers of towns shall be applicable to the inhabitants and similar officers of all municipal corporations. See
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Unprofessional conduct: means conduct prohibited by section 3016 of this title or by other statutes relating to the practice of psychology, whether or not taken by a license holder. See
• Utility: except as otherwise required by the context in which used herein, is intended to refer to cooperatives, municipal utilities, as herein defined, and private electric utilities. See
• Venue: The geographical location in which a case is tried.
• Village: shall mean an incorporated village. See