2011 Vermont Code
Title 26 Professions and Occupations
Chapter 21 FUNERAL DIRECTORS
§ 1257 Unprofessional conduct
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TITLE 26
Professions and Occupations
CHAPTER 21. FUNERAL DIRECTORS
Subchapter II. Licenses
§ 1257. Unprofessional conduct
(a) A licensee shall not engage in unprofessional conduct.
(b) Unprofessional conduct means the following conduct and conduct set forth in section 129a of Title 3:
(1) Using dishonest or misleading advertising.
(2) Failure to make available, upon request of a person who had received services, copies of documents in the possession or under the control of the practitioner.
(3) Failure to comply with rules adopted by the board, the office of professional regulation, or by the Federal Trade Commission relating to funeral goods and services.
(4) For funeral directors, failure to make available at the licensee's place of business, by color picture or display, the three least expensive caskets, as available. For the purposes of this section and related administrative rules, the three least expensive caskets shall include one cloth, one metal, and one wood casket.
(c) After hearing and upon a finding of unprofessional conduct, the board may take disciplinary action against a licensee.
(d) For purposes of this section, "disciplinary action" includes any action taken by the board against a licensee premised on a finding of unprofessional conduct. Disciplinary action includes all appropriate remedies, including denial of renewal of a license, suspension, revocation, limiting, or conditioning of the license, issuing reprimands or warnings, and adopting consent orders.
(e) Disciplinary proceedings against a licensed crematory establishment or its personnel, when that crematory is independent from a licensed funeral establishment, may, upon petition of the licensee, be heard by an administrative law officer appointed by the director of the office of professional regulation. (Amended 1969, No. 239 (Adj. Sess.), { 15; 1973, No. 193 (Adj. Sess.), { 3, eff. April 9, 1974; 1973, No. 236 (Adj. Sess.), { 4; 1995, No. 138 (Adj. Sess.), { 3; 1997, No. 40, { 22c; 1997, No. 145 (Adj. Sess.), { 38; 1999, No. 133 (Adj. Sess.), { 14; 2001, No. 151 (Adj. Sess.), { 18, eff. June 27, 2002; 2005, No. 27, { 44.)
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