- VDH Rules regarding Prescribing Opioids for Chronic Pain and VPMS Effective August 1, 2015, the Vermont Department of Health established two Rules that directly impact prescribers of controlled substances. The Rules reflect and add to the standards established in Vermont statutes.
- Continuing Medical Education (CME) Rules The new requirement for CME as a condition of physician licensure results from a 2011 change in Vermont law, as found at 26 VSA §1400. After a process that took several months and included multiple announcements of public hearings and invitations for comment on proposed rules, the approved rules will be effective on October 1, 2012. The requirement is to complete CME during the licensing cycle, December 1, 2012 to November 30, 2014, and report CME as a part of the renewal process for the 2014 to 2016 physician licenses. Now that CME is a condition of licensure, the Board plans to take a much more active role in sponsoring activities to promote the availability of high-quality, low-cost programs that may appeal to many licensees, especially in subject areas that are mandated for all or some licensees. For more information, please contact the Board: 802-657-4220.
- Board of Medical Practice Rules (effective 2-16-2001) are being revised dues to changes to the Vermont Statutes cited above. Please be advised that some of the current Rules conflict with the current Statutes and, where this occurs, the Statutes preempt the Rules. If you have any questions regadring the applicability of the Rules, please coantact the Board of Medical Practice at 802-657-4220.
- Radiologist Assistants: The Final Proposed Rules for the licensing and oversight of Radiologist Assistants, as provided for by 26 V.S.A. § 2852 became effective November 15, 2011.
- Vermont Board of Pharmacy Rules (Effective October 1, 2009) - Rule 9.5 Tamper Resistent Prescription Forms
Selected Laws & Legislation
- Policy on the Appropriate Use of Telemedicine Technologies in the Practice of Medicine (Adopted May 6, 2015)
- Rule 10.16 of the Administrative Rules of the Board of Pharmacy (Effective October 6, 2014)
- Lyme Policy Statement (adopted June 4, 2014)
- Policy on the Use of Opioid Analgesics in the Treatment of Chronic Pain Adopted April 2, 2014 (Update to the policy issued in 2005, noted below.)
- Policy for Use of Controlled Substances for the Treatment of Pain (Adopted December 7, 2005 - This policy is replaced by 2014 policy, noted above.)
- Termination of the Physician-Patient Relationship (Adopted January 6, 1999)
4th Edition Articles - July 2016
- Welcome Message from the Board Chair
- Compliance Alert for Physician Assistants
- CDC Guidelines for Prescribing Opioids for Chronic Pain
- Act 173: An Act Relating to Combating Opioid Abuse
- Board Investigation Statistics: BMP by the Numbers
- Rules Governing Compliance with Patient Choice At End of Life
- A Change in Law for Acupuncture
- Substance Misuse and Substance Abuse Disorder Among Older Adults
- Getting Your Practice Ready for Changes in CMS Reimbursement
- A Call to Action: NTSB Safety Requirements
Spring 2016 Updates
3rd Edition Articles
- Full Text of Message Sent October 19, 2015
- Welcome Message from the Board Chair
- VDH Rules for Prescribing Opioids & Using VPMS
- New Law for Mandated Reporters
- Definitions in Act 60
- Policy on Buprenorphine Prescribing
- Policy on Telemedicine
- VPMS Registration System Update
- Asthma Program News
- Medical-Dental Symposium November 13, 2015
- Ladies First Program Expanstion
- Ebola Monitoring News
- Tobacco Control Program News
2nd Edition Articles:
- Update on Vermont MD CME Requirements
- Hazards of Directly Ordering Controlled Substances from Drug Wholesalers
- FSMB Working on an Interstate Compact for Medical Licensing
- BMP Policy on Treatment of Lyme Disease
- BMP Policy on the Use of Opioid Analgesics in the Treatment of Chronic Pain 2014
- FSMB Model Policy on Telemedicine
- BMP is 110 Years Old!
1st edition: News From the Board Articles:
- Vermont Medical Marijuana Law
- Investigation Process
- Service as a Board Member
- FAQ on new CME Requirements
- Peter L. Braun DDS v. Board of Dental Examiners 167 Vt. 110; 702 A.2d 124 (1997)
Note: This Board of Dental Examiners case is cited in Lynch, below.
- Annette Lynch, M.D. v. Office of Professional Regulation Docket No. 1999-389 December 5, 2001 Unpublished Entry Order
The Vermont Supreme Court will not disturb findings of fact unless clearly erroneous, and will affirm the Board of Medical Practice's conclusions as long as they are rationally derived from its findings and based on a correct interpretation of the law.
- Perry v. Medical Practice Board 169 Vt. 399; 737 A.2d 900 (1999)
Board of Medical Practice's authority to issue or deny a medical license necessarily implied discretionary authority to deny leave to withdraw a license application; State's interest in regulating entrance to medical profession was compelling, and board's authority to continue a disciplinary investigation to completion and deny an application where necessary was an integral and necessary component of board's reciprocal duties vis-á-vis other licensing jurisdictions.
In re: Trudy J. Smith 169 Vt. 162; 730 A.2d 605 (1999)
Note: This Board of Nursing case is cited in Lynch, above.