Deputy Secretary outlines broad changes to professional regulation bill, including new data‑feed fees and mental‑health staffing request

Deputy Secretary Lauren Hibbert of the Vermont Secretary of State’s Office outlined multiple proposed changes to an Office of Professional Regulation (OPR) bill during a Feb. 28 committee meeting, asking lawmakers to approve new fee authorities, restore several previously dropped fees, clarify enforcement limits for a proposed social‑worker title protection provision and fund a new executive position for mental‑health licensing oversight.

The proposals include authority for the Secretary of State to establish a policy and charge voluntary subscription fees for continuous data feeds (so‑called application programming interfaces, or APIs) that external organizations request; a set of fee increases and restorations for OPR services; a disciplinary surcharge after proven enforcement actions; an exemption from the statutes that automatically sunset boards every five years; a requirement that barber and cosmetology schools teach care of textured hair; streamlined re‑entry for licensed nursing assistants who let a license lapse under five years; repeal of motor vehicle racing regulation; and a $170,000 one‑time appropriation to create an executive officer position dedicated to mental‑health professions.

“We are being asked to provide downloads of the data that’s within our system to external partners on a continuous basis,” Hibbert told the committee. “That costs money to do, and it costs money to maintain. So what we want to do is be reimbursed for that work that we are being asked to do, and someone voluntarily is asking us to create and do for them.”

Hibbert said the data‑feed service would be voluntary and priced by policy rather than a single statutory fee so the office can tailor pricing for different uses and sized users. She gave examples ranging from large hospital systems such as UVM Health Network to smaller hospitals and banks or data brokers that consume UCC (Uniform Commercial Code) filings, and said it is difficult to apply a flat fee across those different users.

On fees and revenue, Hibbert said OPR is operating at a projected $1,500,000 deficit and proposed several targeted changes to reduce that shortfall. Specific fee changes mentioned in committee testimony include raising official license verification from $20 to $30; reinstating a renewal fee for electrology shops that was inadvertently removed from statute (Hibbert said about 36 electrology shops exist statewide); adding a $50 apprenticeship application fee in addition to existing application fees; charging $100 for specialty endorsements to existing licenses; restoring an intended $75 renewal fee for peer support certification that was omitted during last year’s legislative process; and establishing authority to assess a disciplinary surcharge against licensees found to have committed unprofessional conduct.

Hibbert also described an administrative change she said the office needs: an exemption for OPR’s 14 boards from the automatic five‑year sunset in the title 3 boards and commissions statute on the grounds that OPR already performs sunrise and sunset reviews under chapter 57. “We would not like to have to come into a committee every five years for legislative action on our 14 boards,” she said.

Several policy changes drew committee discussion. On social‑worker title protection — a provision that would prohibit use of the title “social worker” in private advertising without a degree from a Council on Social Work Education–accredited program — Hibbert told legislators OPR lacks authority and capacity to enforce such a private‑sector restriction. “We have no enforcement authority over a private entity like Indeed,” she said, describing how OPR would likely need to receive and close complaints without practical enforcement.

Committee members and legislative counsel discussed alternative enforcement approaches, including cross‑referencing consumer‑protection statutes and channeling enforcement to the attorney general. Legislative counsel said the attorney general’s office could pursue unfair and deceptive trade practice enforcement if necessary and that the bill could include an express cross‑reference directing complainants to the attorney general for enforcement.

On mental‑health licensing, Hibbert described a multi‑year review that identified 17 separate mental‑health licenses in Vermont and recommended consolidating most into a single umbrella structure (excluding psychologists) to reduce licensing friction and speed regulatory changes. She requested a one‑time appropriation of $170,000 to fund an executive officer who would lead rulemaking, coordinate compact participation and perform subject‑matter review for transcripts and curricula. “We need this position to do that policy work both internally to the state and externally,” Hibbert said, adding that the office did not include that position in its original governor’s budget because the report was submitted after the budget deadline.

Other changes Hibbert described include removal of motor‑vehicle racing from OPR oversight (a repeal of chapter 93 in title 26) after a sunset review, and repeal of an outdated “escrow agent” category in funeral statutes. Hibbert also said OPR proposes a narrower re‑entry path for licensed nursing assistants whose credentials lapsed for less than five years — allowing them to take a competency exam rather than repeat full training — to address workforce shortages.

Committee members pressed on capacity and enforceability throughout the discussion. Representative Jeff Morrill (legislative counsel noted his suggestion) advised the committee it could assign enforcement to the attorney general’s office under consumer‑protection statutes if it wants private‑sector title restrictions to be enforceable. Representative discussions also raised equity and workload concerns tied to fee policy and to the amount of complaint processing OPR would incur if a new private‑sector title restriction were added.

Legislative counsel Tucker Anderson and Hibbert both asked members to digest the updated draft language before any vote; the committee did not take a vote at the session. “This is a lot of new information, so I want folks to digest,” Chair Matt Birong said as the committee paused consideration for further review.

Ending: The committee paused the item for further review and said counsel would remain available; no formal votes or final decisions were recorded during the session.