Terms Used In Vermont Statutes > Title 8 > Chapter 109 - Credit Life Insurance and Credit Accident and Health Insurance

• Adverse action: means any action taken by a state psychology regulatory authority that finds a violation of a statute or regulation that is identified by the state psychology regulatory authority as discipline and is a matter of public record. See
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Agency captive insurance company: means a captive insurance company that is owned or directly or indirectly controlled by one or more insurance agencies or brokerages licensed under the laws of any state and that only insures risks of policies that are placed by or through such agency or agencies, or brokerage or brokerages, as applicable. See
• ALI: means the system capability to identify automatically the geographical location of the electronic device being used by the caller to summon assistance and to provide that location information to an appropriate device located at any public safety answering point for the purpose of sending emergency assistance. See
• ANI: means the system capability to identify automatically the calling telephone number and to provide a display of that number at any public safety answering point. See
• Annual meeting: when applied to towns shall mean the annual town meeting in March or an adjournment thereof. See
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Association: means any legal association of individuals, corporations, limited liability companies, partnerships, associations, or other entities, the member organizations of which or which does itself, whether or not in conjunction with some or all of the member organizations:

• Association captive insurance company: means any company that insures risks of the member organizations of the association and that also may insure the risks of affiliated companies of the member organizations and the risks of the association itself. See
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Authority to Practice Interjurisdictional Telepsychology: means a licensed psychologist's authority to practice telepsychology, within the limits authorized under this Compact, in another Compact state. See
• Bailiff: a court officer who enforces the rules of behavior in courtrooms.
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• biennially: shall mean the year in which a regular session of the General Assembly is held. See
• Board: means the Vermont Enhanced 911 Board established under section 7053 of this title. See
• Board: means the Vermont Community Broadband Board. See
• Board: means the Board of Psychological Examiners established under this chapter. See
• Board: means the Board of Medical Practice. See
• Board: means the Board of Allied Mental Health Practitioners established under this chapter. See
• broadband: means a mass-market retail service by wire or radio in Vermont that provides the capability to transmit data to and receive data from all or substantially all Internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service, but excluding dial-up Internet access service. See
• Bylaws: means those bylaws established by the Psychology Interjurisdictional Compact Commission pursuant to section 3031 of this title for its governance or for directing and controlling its actions and conduct. See
• Caller: means a person or an automated device calling on behalf of a person. See
• Captive insurance company: means any pure captive insurance company, association captive insurance company, sponsored captive insurance company, industrial insured captive insurance company, agency captive insurance company, risk retention group, affiliated reinsurance company, or special purpose financial insurance company formed or licensed under the provisions of this chapter. See
• Carbon intensity value: means the amount of lifecycle greenhouse gas emissions per unit of energy of fuel expressed in grams of carbon dioxide equivalent per megajoule (gCO2e/MJ). See
• Clean heat credit: means a tradeable, nontangible commodity that represents the amount of greenhouse gas reduction attributable to a clean heat measure. See
• Clean heat measure: means fuel delivered and technologies installed to end-use customers in Vermont that reduce greenhouse gas emissions from the thermal sector. See
• Client or patient: means the recipient of psychological services, whether psychological services are delivered in the context of health care, corporate, supervision, consulting services, or a combination of these. See
• Clinical mental health counseling: means providing, for a consideration, professional counseling services that are primarily drawn from the theory and practice of psychotherapy and the discipline of clinical mental health counseling, involving the application of principles of psychotherapy, human development, learning theory, group dynamics, and the etiology of mental illness and dysfunctional behavior to individuals, couples, families, and groups, for the purposes of treating psychopathology and promoting optimal mental health. See
• Clinical mental health counselor: means a person who is licensed to practice clinical mental health counseling under this chapter. See
• Commission: means the Public Utility Commission. See
• Commission: means the national administration of which all Compact states are members. See
• Commissioner: means the Commissioner of Financial Regulation. See
• Commissioner: means the Commissioner of Financial Regulation. See
• Commissioner: means the voting representative appointed by each state psychology regulatory authority pursuant to section 3031 of this title. See
• Compact state: means a state, the District of Columbia, or United States territory that has enacted this Compact legislation and that has not withdrawn pursuant to subsection 3024(c) of this title or been terminated pursuant to subsection 3023(b) of this title. See
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Controlled insurer: means a licensed insurer that is controlled, directly or indirectly, by a producer. See
• Controlled unaffiliated business: means any person:

• Controlling producer: means a producer who, directly or indirectly, controls an insurer. See
• Conviction: A judgement of guilt against a criminal defendant.
• coordinated database: means an integrated process for collecting, sorting, and sharing information on psychologists' licensure and enforcement activities related to psychology licensure laws, which is administered by the recognized membership organization composed of state and provincial psychology regulatory authorities. See
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Credit accident and health insurance: means insurance on a debtor to provide indemnity for payments becoming due on a specific loan or other credit transaction while the debtor is disabled as defined in the policy. See
• Credit life insurance: means insurance on the life of a debtor pursuant to or in connection with a specific loan or other credit transaction. See
• Creditor: means the lender of money or vendor or lessor of goods, services, property, right, or privileges, for which payment is arranged through a credit transaction or any successor to the right, title, or interest of any such lender, vendor, or lessor, and an affiliate, associate, or subsidiary of any of them or any director, officer, or employee of any of them or any other person in any way associated with any of them. See
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• database: means a derivative, verified set of records which contain at a minimum a telephone number and location identification for each unique building or publicly used facility within a defined geographic area in Vermont. See
• Day: means any part of a day in which psychological work is performed. See
• Debtor: means a borrower of money or a purchaser or lessee of goods, services, property, rights, or privileges for which payment is arranged through a credit transaction. See
• Default delivery agent: means an entity designated by the Commission to provide services that generate clean heat measures. See
• Department: means the Department of Public Service. See
• Dependent: A person dependent for support upon another.
• Director: means the Director for statewide Enhanced 911. See
• Director: means the Director of the Office. See
• Disciplinary action: includes any action taken by the Board against a licensed clinical mental health counselor or applicant premised on a finding that the licensed clinical mental health counselor or applicant has engaged in unprofessional conduct. See
• Dispatchable Location: means the location information delivered to the public safety answering point with a 911 call. See
• Distant State: means the Compact state where a psychologist is physically present, not through the use of the telecommunications technologies, to provide temporary in-person, face-to-face psychological services. See
• Domestic: when applied to a corporation, company, association, or copartnership shall mean organized under the laws of this State; "foreign" when so applied, shall mean organized under the laws of another state, government, or country. See
• Eligible provider: means :

• Emergency services: means fire, police, medical, and other services of an emergency nature as identified by the Board. See
• Entity: means any individual, trustee, agency, partnership, association, corporation, company, municipality, political subdivision, or any other form of organization. See
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executive Board: means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission. See
• Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}
• Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Fuel pathway: means a detailed description of all stages of fuel production and use for any particular fuel, including feedstock generation or extraction, production, transportation, distribution, and combustion of the fuel by the consumer. See
• Fund: means the Vermont Community Broadband Fund established by this chapter. See
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Health care professional: means an individual who holds a valid license, certificate, or registration to provide health care services in any other U. See
• Health care services: means services for the diagnosis, prevention, treatment, cure, or relief of a health condition, illness, injury, or disease. See
• Heating fuel: means fossil-based heating fuel, including oil, propane, natural gas, coal, and kerosene. See
• Home State: means a Compact state where a psychologist is licensed to practice psychology. See
• Identity history summary: means a summary of information retained by the Federal Bureau of Investigation (FBI), or other designee with similar authority, in connection with arrests and, in some instances, federal employment, naturalization, or military service. See
• In good standing: means that a health care professional holds an active license, certificate, or registration from another U. See
• Indebtedness: means the total amount payable by a debtor to a creditor in connection with a loan or other transaction. See
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Industrial insured: means an insured:

• Industrial insured captive insurance company: means any company that insures risks of the industrial insureds that comprise the industrial insured group, and that may insure the risks of the affiliated companies of the industrial insureds and the risks of the controlled unaffiliated business of an industrial insured or its affiliated companies. See
• Industrial insured group: means any group of industrial insureds that collectively:

• Insurance producer: means a person required to be licensed under the laws of this State to sell, solicit, or negotiate insurance. See
• insurer: means any person, firm, association, or corporation duly licensed to transact an insurance business in this State. See
• Internet service provider: means a business that provides broadband Internet access service to any person in Vermont. See
• IP-enabled service: means a service, device, or application that makes use of Internet protocol, or IP, and which is capable of entering the digits 9-1-1 or otherwise contacting the emergency 911 system. See
• IPC: means a certificate issued by the Association of State and Provincial Psychology Boards (ASPPB) that grants temporary authority to practice based on notification to the state psychology regulatory authority of intention to practice temporarily and verification of one's qualifications for such practice. See
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Law clerk: Assist judges with research and drafting of opinions.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legacy: A gift of property made by will.
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: means authorization by a state psychology authority to engage in the independent practice of psychology, which would be unlawful without the authorization. See
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Location: means an E-911 business or residential address connected to the electric power grid. See
• Managing general agent: means any person who:

• Mandatory disclosure: means the information that the health care professional must disclose to the patient at the initial telehealth visit or consultation, as determined by the relevant regulatory body by rule. See
• Member organization: means any individual, corporation, limited liability company, partnership, association, or other entity that belongs to an association. See
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Municipality: means any city, town, incorporated village, unorganized town, gore, grant, or other political subdivision of the State. See
• Municipality: means a city, town, incorporated village, or unorganized town or gore. See
• Municipality: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. See
• Mutual corporation: means a corporation organized without stockholders and includes a nonprofit corporation with members. See
• Obligated party: means :

• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Office: means the Office of Professional Regulation. See
• Office: means the Office of Professional Regulation. See
• Oversight: Committee review of the activities of a Federal agency or program.
• Parent: means a corporation, limited liability company, partnership, other entity, or individual, that directly or indirectly owns, controls, or holds with power to vote more than 50 percent of the outstanding voting:

• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means an individual, partnership, corporation, or other business entity. See
• Practice of psychology: means rendering or offering to render to individuals, groups, or organizations, for a consideration, any service involving the application of principles, methods, and procedures of understanding, predicting, and influencing behavior that are primarily drawn from the science of psychology. See
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Private investigator: means any person who, for consideration engages in or solicits business, accepts employment, or holds himself or herself out to the public as someone who will investigate, obtain information, or provide security of persons incident to, but not limited to, the following:

• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Producer: means an agent, broker, or reinsurance intermediary licensed pursuant to subchapter 1 of this chapter. See
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Psychologist: means an individual licensed for the independent practice of psychology. See
• Psychotherapy: means the provision of treatment, diagnosis, evaluation, or counseling services to individuals or groups, for a consideration, for the purpose of alleviating mental disorders. See
• Public safety answering point: means a facility with the capability to receive emergency calls, operated on a 24-hour basis, assigned the responsibility of receiving 911 calls and dispatching, transferring, or relaying emergency 911 calls to other public safety agencies or private safety agencies. See
• Pure captive insurance company: means any company that insures risks of its parent and affiliated companies or controlled unaffiliated business. See
• Quorum: The number of legislators that must be present to do business.
• real estate: shall include lands, tenements, and hereditaments and all rights thereto and interests therein, and pews or slips in places of public worship shall be treated as real estate. See
• Receiving State: means a Compact state where the client or patient is physically located when the telepsychological services are delivered. See
• Reinsurance intermediary: means a reinsurance intermediary-broker or a reinsurance intermediary-manager as defined in subdivisions (10) and (11) of this section. See
• Reinsurance intermediary-broker: means any person, other than an officer or employee of the ceding insurer, who solicits, negotiates, or places reinsurance cessions or retrocessions on behalf of a ceding insurer without the authority or power to bind reinsurance on behalf of such insurer. See
• Reinsurance intermediary-manager: means any person who has authority to bind or manages all or part of the assumed reinsurance business of a reinsurer, including the management of a separate division, department, or underwriting office, and acts as an agent for such reinsurer whether known as a reinsurance intermediary-manager, manager, or other similar term. See
• Reinsurer: means any person, firm, association, or corporation duly licensed in this State pursuant to the applicable provisions of the insurance law as an insurer with the authority to assume reinsurance. See
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Risk retention group: means a captive insurance company organized under the laws of this State pursuant to the Liability Risk Retention Act of 1986, 15 U. See
• road: shall include bridges thereon and their approaches. See
• Rule: means a written statement by the Psychology Interjurisdiction Compact Commission promulgated pursuant to section 3032 of this title that is of general applicability; implements, interprets, or prescribes a policy or provision of the Compact, or an organization, procedural, or practice requirement of the Commission and has the force and effect of statutory law in a Compact state; and includes the amendment, repeal, or suspension of an existing rule. See
• said: when used by way of reference to a person or thing shall apply to the same person or thing last mentioned. See
• seal: shall include an impression of the official seal made upon paper alone or by means of a wafer or wax affixed thereto. See
• Security: means a person engaged for compensation in the business of protecting property or persons by providing armed or unarmed security service, or armed transport service, or the use of guard dogs. See
• Security services: includes :

• Served: means a location that has access to broadband service capable of speeds of at least 25 Mbps download and 3 Mbps upload. See
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Significant investigatory information: means :

• Small communications carrier: means :

• State: means a state, commonwealth, territory, or possession of the Unites States, or the District of Columbia. See
• State psychology regulatory authority: means the board, office, or other agency with the legislative mandate to license and regulate the practice of psychology. See
• Station: means a telephone handset, customer premise equipment (CPE), or calling device that is capable of initiating a call to 911. See
• Statute: A law passed by a legislature.
• Store and forward: means an asynchronous transmission of medical information, such as one or more video clips, audio clips, still images, x-rays, magnetic resonance imaging scans, electrocardiograms, electroencephalograms, or laboratory results, sent over a secure connection that complies with the requirements of the Health Insurance Portability and Accountability Act of 1996, Pub. See
• Subpoena: A command to a witness to appear and give testimony.
• sworn: shall include affirmed. See
• Telehealth: means health care services delivered by telemedicine, store and forward, or audio-only telephone. See
• Telemedicine: means the delivery of health care services, such as diagnosis, consultation, or treatment, through the use of live interactive audio and video over a secure connection that complies with the requirements of the Health Insurance Portability and Accountability Act of 1996, Pub. See
• Telepsychology: means the provision of psychological services using telecommunication technologies. See
• Temporary Authorization to Practice: means a licensed psychologist's authority to conduct temporary in-person, face-to-face practice, within the limits authorized under this Compact, in another Compact state. See
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Town: shall include city and wards or precincts therein; "selectboard members" and "board of civil authority" shall extend to and include the mayor and aldermen of cities; "trustees" shall extend to and include bailiffs of incorporated villages; and the laws applicable to the inhabitants and officers of towns shall be applicable to the inhabitants and similar officers of all municipal corporations. See
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trustee: A person or institution holding and administering property in trust.
• Underserved: means a location that only has access to broadband service capable of speeds of at least 4 Mbps download and 1 Mbps upload but less than 25 Mbps download and 3 Mbps upload. See
• Underwrite: means the authority to accept or reject risk on behalf of the insurer. See
• Universal service plan: means a plan for providing each unserved and underserved location in a communications union district or in a municipality that was not part of a communications union district prior to June 1, 2021 access to broadband service capable of speeds of at least 100 Mbps download and 100 Mbps upload. See
• Unprofessional conduct: means conduct prohibited by section 3016 of this title or by other statutes relating to the practice of psychology, whether or not taken by a license holder. See
• Unserved: means a location that only has access to broadband capable of speeds of less than 4 Mbps download and 1 Mbps upload. See
• Venue: The geographical location in which a case is tried.
• Village: shall mean an incorporated village. See
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.