State Codes and Statutes
Statutes > Vermont > Title-26 > Chapter-59 > 3181
§ 3181. Unprofessional conduct
(a) Unprofessional conduct is the conduct prohibited by this section, or by section 129a of Title 3, whether or not taken by a license registrant or applicant.
(b) Unprofessional conduct means any of the following:
(1) Conviction of a crime of moral turpitude.
(2) Failing to make available, upon request of a person using the licensee's services, copies of documents in the possession or under the control of the licensee, when those documents have been prepared for and purchased by the user of services.
(3) Conduct which evidences moral unfitness to practice the occupation.
(4) Allowing any person to practice under a license who is not a partner or employee.
(5) Violating a confidential relationship with a client, or disclosing any confidential client information except
(A) with the client's permission,
(B) in response to a subpoena or court order,
(C) when necessary to establish or collect a fee from the client, or
(D) when the information is necessary to prevent a crime that the client intends to commit.
(6) Accepting any assignment which would be a conflict of interest because of confidential information obtained during employment for another client.
(7) Accepting an assignment that would require the violation of any municipal, state or federal law or client confidence.
(8) Using any badge, seal, card or other device to misrepresent oneself as a police officer, sheriff or other law enforcement officer.
(9) Knowingly submitting a false or misleading report or failing to disclose a material fact to a client.
(10) Falsifying or failing to provide required compulsory minimum training in firearms or guard dog handling as required by this chapter.
(11) Failing to complete in a timely manner the registration of an employee.
(12) Allowing an employee to carry firearms or handle guard dogs prior to being issued a permanent registration card.
(13) Allowing an employee to work without carrying the required evidence of temporary or permanent registration.
(14) Allowing an employee to use or be accompanied by an untrained guard dog while rendering professional services.
(15) Failing to provide information requested by the board.
(16) Failing to return the temporary or permanent registration of an employee.
(17) Failing to notify the board of a change in ownership, partners, officers or qualifying agent.
(18) Providing incomplete, false or misleading information on an application.
(19) Any of the following except when reasonably undertaken in an emergency situation in order to protect life, health or property:
(A) practicing or offering to practice beyond the scope permitted by law;
(B) accepting and performing occupational responsibilities which the licensee knows or has reason to know that he or she is not competent to perform; or
(C) performing occupational services which have not been authorized by the consumer or his or her legal representative.
(20) For armed and guard dog certified licensees, brandishing, exhibiting, displaying or otherwise misusing a firearm or guard dog in a careless, angry or threatening manner unnecessary for the course of the licensee's duties.
(c) After hearing, the board may take disciplinary action against a licensee, registrant or applicant found guilty of unprofessional conduct. Discipline by the board against an applicant, licensee or registrant for unprofessional conduct may include denial of an application, revocation or suspension of a license or registration, imposed supervision, reprimand, warning, or the required completion of a course of action. (Added 1981, No. 98, § 1; amended 1995, No. 144 (Adj. Sess.), § 16; 1997, No. 145 (Adj. Sess.), § 51; 2001, No. 151 (Adj. Sess.), § 31, eff. June 27, 2002.)
