Committee reviews updated OPR bill H588, emphasizing new license‑rescission process and CPA mobility

Tim Devlin, legislative counsel, presented an updated draft of H588 to the Government Operations & Military Affairs committee, saying the changes reflect testimony and conversations and are highlighted in the 3.2 draft. "For the record, my name is Tim Devlin, legislative counsel," he told the panel.

The draft makes four main changes, Devlin said: it creates a rescission process for certain license‑issuance errors or compact failures; inserts modified CPA provisions carried over from H707; removes pharmacist and pharmacist‑technician immunization provisions (now in a separate Human Services bill); and requires OPR to report on outdoor cremation regulations. "The Office of Professional Regulation will be enabled to rescind with certain due process being afforded," Devlin said while walking the committee through the flowchart the OPR supplied.

Why it matters: the rescission language changes how and when a professional license can be revoked or rescinded and sets different procedures depending on how long a license has been active. Under the draft, licenses active fewer than 30 days may be initially rescinded by the director with a subsequent review; licenses active 30 days or more would receive notice of intent to rescind and the opportunity to request a hearing, which would stay any rescission pending that hearing.

Devlin told the committee the draft will amend 3 VSA 129 and add a new section (3 VSA 129c) to clarify the board's or director's authority and the applicable hearing rules. He described an appeals pathway following the review or hearing process but did not supply a definitive appeals citation in the presentation.

On license portability for accountants, the draft incorporates provisions from H707 to replace the phrase "substantial equivalency" with the more widely used term "mobility" in the principal‑place‑of‑business definition and to allow additional combinations of education and experience for licensure by examination or endorsement. According to counsel, those changes aim to permit out‑of‑state accountants who meet specified education/experience permutations to qualify under the state's mobility framework.

The committee also learned that provisions related to pharmacists and immunization protocols were removed from H588 and taken up in a separate Human Services bill; Devlin said the removal was intended to avoid duplication between bills. A committee member responded, "I really appreciate the flowchart," noting the visual aid helped clarify complex language.

The draft adds session law (section 17) requiring OPR to submit a report by November 15 (date phrasing in the draft was not fully specified in the presentation) to the Government Operations committees addressing professional‑licensure changes needed to regulate outdoor cremation, including consultations with the Department of Health, the Agency of Natural Resources and other stakeholders.

Next steps: committee members agreed to bring OPR back for a follow‑up briefing to address outstanding items (massage therapy licensure, speech‑language pathology language and other technical edits) and to continue coordinating language with the secretary of state's office. No formal motions or votes were recorded in the transcript of this session.

The committee closed the session after the update; counsel said he will continue refining the draft with OPR and other stakeholders.