2005 Vermont Code - § 2424. — Licensure without examination

§ 2424. Licensure without examination

(a) The director of the office of professional regulation, with approval of the board, shall, upon application and payment of the required fee, issue a license without a written examination to a person who:

(1) holds a current license in good standing in another state, a territory of the United States or a Canadian province; and

(2) has passed:

(A) the National Board Examination (NBE) and the Clinical Competency Test (CCT) prepared under the authority of the National Board Examination Committee for Veterinary Medicine (NBEC), its predecessor organization, the National Board of Veterinary Medical Examiners or any subsequent national licensing examination prepared under the authority of the NBEC or its successor organization if such examinations were required of licensees in this state at the time the applicant became licensed in the state, territory or province from which he or she is applying; or

(B) an examination prepared by the American Association of Veterinary State Boards (AAVSB); or

(C) an equivalent examination, as established by the board; and

(3) has actively practiced clinical veterinary medicine for 3,000 hours during the three years preceding application.

(b) Notwithstanding the provisions of subsection (a) of this section, the board may require that an applicant for licensure without examination satisfactorily complete an examination covering state laws and rules related to the practice of veterinary medicine and the state or national veterinary codes of ethics.

(c) Applicants who are not graduates of schools of veterinary medicine accredited by the American Veterinary Medical Association (AVMA) must possess a certificate issued by the Educational Commission for Foreign Veterinary Graduates (ECFVG), its successor organization or an organization acceptable to the board, or a Certificate of Qualification issued by the Canadian Veterinary Medical Association, unless at the time the applicant became licensed in the state, territory or province from which the applicant is applying, an ECFVG certificate was not required by this state.

(d) When an applicant for licensure under this section is changing the focus of his or her practice, such as from primarily equine or food-animal medicine to small or exotic animal medicine, the board may require an interview and the completion of sufficient continuing education, training and testing to satisfy the board that the person possesses entry level competence in this particular field of practice. A change in practice focus which occurs within two years after licensure via this section shall be considered prima facie evidence that the applicant intended to change practice focus at the time the application for licensure was approved by the board.

(e) As used in this section, "in good standing" means that the applicant:

(1) has not:

(A) been the subject of any administrative penalties regarding his or her practice of veterinary medicine, including but not limited to fines, formal reprimands, license suspension or revocations, except for license revocations for nonpayment of license renewal fees;

(B) been the subject of probationary limitations; or

(C) entered into any "consent agreements" which contain conditions placed by a regulatory board on his or her professional conduct and practice, including any voluntary surrender of a license;

(2) has never had his or her United States Drug Enforcement Administration privileges restricted or revoked;

(3) is not currently under investigation by another veterinary licensing authority;

(4) has no physical or mental impairment related to drugs, alcohol or a finding of mental incompetence by a physician that would limit the applicant's ability to undertake the practice of veterinary medicine in a manner consistent with the safety of a patient or the public;

(5) has not been convicted of a felony; or

(6) has no criminal conviction record nor pending criminal charge relating to an offense that relates substantially to the practice of veterinary medicine. An applicant who has a criminal conviction record or against whom criminal charges are pending shall arrange for the appropriate authorities to provide information about the record or charge directly to the board. Information provided under this subdivision shall be sufficiently specific to enable the board to determine whether the record or charge is substantially related to the practice of veterinary medicine.

(f) An applicant who is not in good standing shall be eligible for licensure under this subsection, if the applicant can demonstrate, to the satisfaction of the board, that he or she is otherwise qualified for licensure under this section. The board may place limitations on licenses issued under this subsection or establish conditions of probation prior to the issuance of a license. (Added 1981, No. 67, § 1; amended 1985, No. 158 (Adj. Sess.), § 2; 1989, No. 250 (Adj. Sess.), § 4(d); 1995, No. 111 (Adj. Sess.), § 3; 1997, No. 40, § 31; 2001, No. 151 (Adj. Sess.), § 25, eff. June 27, 2002.)