18 V.S.A. § 9351 — VT Code / Title 18 / Chapter 219 / Section 9351
§ 9351. Health Information Technology Plan
Status: repealed

(a)(1) The Department of Vermont Health Access, in consultation with the Department's Health Information Exchange Steering Committee, shall be responsible for the overall coordination of Vermont's statewide Health Information Technology Plan. The Plan shall be revised annually and updated comprehensively every five years to provide a strategic vision for clinical health information technology.

(2) [Repealed.]

(3)(A) The Department, in consultation with the Steering Committee, shall administer the Plan.

(B) The Plan shall include the implementation of an integrated electronic health information infrastructure for the sharing of electronic health information among health care facilities, health care professionals, public and private payers, and patients. The Plan shall provide for each patient's electronic health information that is contained in the Vermont Health Information Exchange to be accessible to health care facilities, health care professionals, and public and private payers to the extent permitted under federal law unless the patient has affirmatively elected not to have the patient's electronic health information shared in that manner.

(C) The Plan shall include standards and protocols designed to promote patient education, patient privacy, physician best practices, electronic connectivity to health care data, access to advance care planning documents, and, overall, a more efficient and less costly means of delivering quality health care in Vermont.

(D) A representative of the Green Mountain Care Board shall be a voting member of the Steering Committee.

(b) The Health Information Technology Plan shall:

(1) support the effective, efficient, statewide use of electronic health information in patient care, health care policymaking, clinical research, health care financing, and continuous quality improvements;

(2) educate the general public and health care professionals about the value of an electronic health infrastructure for improving patient care;

(3) ensure the use of national standards for the development of an interoperable system, which shall include provisions relating to security, privacy, data content, structures and format, vocabulary, and transmission protocols;

(4) propose strategic investments in equipment and other infrastructure elements that will facilitate the ongoing development of a statewide infrastructure;

(5) recommend funding mechanisms for the ongoing development and maintenance costs of a statewide health information system, including funding options and an implementation strategy for a loan and grant program;

(6) incorporate the existing health care information technology initiatives to the extent feasible in order to avoid incompatible systems and duplicative efforts;

(7) integrate the information technology components of the Blueprint for Health established in chapter 13 of this title, the Agency of Human Services' Enterprise Master Patient Index and all other Medicaid management information systems being developed by the Department of Vermont Health Access, information technology components of the quality assurance system, the program to capitalize with loans and grants electronic medical record systems in primary care practices, and any other information technology initiatives coordinated pursuant to 3 V.S.A. § 3027; and

(8) address issues related to data ownership, governance, and confidentiality and security of patient information.

(c) The Department of Vermont Health Access, in consultation with the Steering Committee, may propose updates to the Plan in addition to the annual updates as needed to reflect emerging technologies, the State's changing needs, and such other areas as the Department deems appropriate. The Department shall solicit recommendations from interested stakeholders in order to propose updates to the Health Information Technology Plan pursuant to subsection (a) of this section and to this subsection, including applicable standards, protocols, and pilot programs, and may enter into a contract or grant agreement with appropriate entities to update some or all of the Plan. The Department of Vermont Health Access shall distribute the updated Plan to the Secretary of Administration; the Secretary of Digital Services; the Commissioner of Financial Regulation; the Green Mountain Care Board; the Secretary of Human Services; the Commissioner of Health; the Commissioner of Mental Health; the Commissioner of Disabilities, Aging, and Independent Living; the Senate Committee on Health and Welfare; the House Committee on Health Care; affected parties; and interested stakeholders. Unless major modifications are required, the Department may present updated information about the Plan to the legislative committees of jurisdiction in lieu of creating a written report.

(d) The Health Information Technology Plan shall serve as the framework within which the Green Mountain Care Board reviews certificate of need applications for information technology under section 9440b of this title. In addition, the Secretary of Digital Services shall use the Health Information Technology Plan as the basis for independent review of State information technology procurements.

(e) The privacy standards and protocols developed in the Statewide Health Information Technology Plan shall be no less stringent than applicable federal and State guidelines, including the “Standards for Privacy of Individually Identifiable Health Information” established under the Health Insurance Portability and Accountability Act of 1996 and contained in 45 C.F.R., Parts 160 and 164, and any subsequent amendments, and the privacy provisions established under Subtitle D of Title XIII of Division A of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, § 13400 et seq. The standards and protocols shall require that access to individually identifiable health information is secure and traceable by an electronic audit trail.

(f) [Repealed.]
18 V.S.A. § 2153 — VT Code / Title 18 / Chapter 49 / Section 2153
§ 2153. License requirements
Status: in_force

(a) Upon receipt of an application for a license and the licensing fee, the Department of Health shall issue a license if it determines that the applicant and the ambulatory surgical center facilities meet the following minimum standards:

(1) The applicant shall demonstrate the capacity to operate an ambulatory surgical center in accordance with rules adopted by the Department.

(2) The applicant shall demonstrate that its facilities comply fully with standards for health, safety, and sanitation as required by State law, including standards set forth by the State Fire Marshal and the Department of Health, and municipal ordinance.

(3) The applicant shall have a clear process for responding to patient complaints.

(4) The applicant shall participate in the Patient Safety Surveillance and Improvement System established pursuant to chapter 43A of this title.

(5) The applicant shall maintain certification from the Centers for Medicare and Medicaid Services and shall accept Medicare and Medicaid patients for ambulatory surgical center facility services.

(6) The ambulatory surgical center facilities, including the buildings and grounds, shall be subject to inspection by the Department, its designees, and other authorized entities at all times.

(b) A license is not transferable or assignable and shall be issued only for the premises and persons named in the application.
18 V.S.A. § 1123 — VT Code / Title 18 / Chapter 21 / Section 1123
§ 1123. Immunization rules
Status: in_force

The Department shall adopt rules for administering this subchapter. Such rules shall be developed in consultation with the Agency of Education with respect to immunization requirements for Vermont schools, and in consultation with the Department for Children and Families with respect to immunization requirements for child care facilities. Such rules shall list which immunizations shall be required and the manner and frequency of their administration, and may provide for exemptions as authorized by this subchapter.
18 V.S.A. § 5010 — VT Code / Title 18 / Chapter 101 / Section 5010
§ 5010. Transmittal of marriage certificates
Status: in_force

The town clerk of each town shall each week transmit to the State Registrar copies, duly certified, of each marriage certificate filed in the town in the preceding week.
18 V.S.A. § 1702 — VT Code / Title 18 / Chapter 34 / Section 1702
§ 1702. Repealed. 2023 No. 53, § 132, eff. January 1, 2030.
Status: in_force

The Department of Public Service, the Agency of Human Services, and the Agency of Natural Resources shall furnish administrative support to the Panel, with assistance from the owners of the Vermont Yankee site as the Commissioner of Public Service may consider appropriate.
18 V.S.A. § 4253 — VT Code / Title 18 / Chapter 84 / Section 4253
§ 4253. Use of a firearm while selling or dispensing a drug
Status: in_force

(a) A person who uses a firearm during and in relation to selling or dispensing a regulated drug in violation of subdivision 4230(b)(3), 4231(b)(3), 4232(b)(3), 4233(b)(3), 4234(b)(3), 4234a(b)(3), 4235(c)(3), or 4235a(b)(3) of this title shall be imprisoned not more than three years or fined not more than $5,000.00, or both, in addition to the penalty for the underlying crime.

(b) A person who uses a firearm during and in relation to trafficking a regulated drug in violation of subsection 4230(c), 4231(c), 4233(c), or 4234a(c) of this title shall be imprisoned not more than five years or fined not more than $10,000.00, or both, in addition to the penalty for the underlying crime.

(c) For purposes of this section, “use of a firearm” includes:

(1) using a firearm while selling or trafficking a regulated drug; and

(2) the exchange of firearms for drugs, and this section shall apply to the person who trades a firearm for a drug and the person who trades a drug for a firearm.

(d) Conduct constituting the offense of using a firearm while selling or trafficking a regulated drug shall be considered a violent act for the purposes of determining bail.
18 V.S.A. § 5209 — VT Code / Title 18 / Chapter 107 / Section 5209
§ 5209. Death out of State; burial permit
Status: in_force

Whenever a dead body is brought into this State for burial or entombment accompanied by a removal permit issued under the laws of the state from which such body is brought, such permit shall be received as sufficient authority for burial; but if not accompanied by such permit, the person in charge thereof shall apply to the clerk of the town in which such body is to be buried for a burial permit, and the clerk shall issue such permit when furnished with such information as is required by law of this State as to the identity and cause of death of a person dying in this State.
18 V.S.A. § 1682 — VT Code / Title 18 / Chapter 33B / Section 1682
§ 1682. Rugs and carpets [Repealed effective January 1, 2026]
Status: in_force

(a) A manufacturer, supplier, or distributor shall not manufacture, sell, offer for sale, distribute for sale, or distribute for use in this State a residential rug or carpet to which PFAS have been intentionally added in any amount.

(b) This section shall not apply to the sale or resale of used products.
18 V.S.A. § 5533 — VT Code / Title 18 / Chapter 121 / Section 5533
§ 5533. Escheat when owner's whereabouts unknown
Status: in_force

When the whereabouts of a person or his or her heirs, having legal title or color of title to a wholly unoccupied burial lot in any cemetery has been unknown for 20 years, such lot shall escheat to the agency upon petition brought by the agency and hearing and judgment had thereon as provided in sections 5534-5537 of this title.
18 V.S.A. § 991 — VT Code / Title 18 / Chapter 20 / Section 991
§ 991. Establishment of Birth Information Network
Status: repealed

(a) The Commissioner of Health shall establish a statewide birth information network designed to identify newborns who have specified health conditions that may respond to early intervention and treatment by the health care system.

(b) The Department of Health is authorized to collect information for the Birth Information Network for the purpose of preventing and controlling disease, injury, and disability. The Commissioner, in collaboration with appropriate partners, shall coordinate existing data systems and records to enhance the Network's comprehensiveness and effectiveness, including:

(1) vital records (birth, death, and fetal death certificates);

(2) the children with special health needs database;

(3) newborn metabolic screening;

(4) a voluntary developmental screening test;

(5) universal newborn hearing screening;

(6) the Hearing Outreach Program;

(7) the cancer registry;

(8) the lead screening registry;

(9) the immunization registry;

(10) the special supplemental nutrition program for women, infants, and children;

(11) the Medicaid claims database;

(12) the hospital discharge data system;

(13) health records, including discharge summaries, disease indexes, nursery logs, pediatric logs, and neonatal intensive care unit logs, from hospitals, outpatient specialty clinics, genetics clinics, and cytogenetics laboratories; and

(14) the Vermont Health Care Claims Uniform Reporting and Evaluation System.

(c) [Repealed.]

(d) The Network shall provide information on public health activities, such as surveillance, assessment, and planning for interventions to improve the health and quality of life for Vermont's infants and children and their families. This information shall be used for improving health care delivery systems and outreach and referral services for families with children with special health needs and for determining measures that can be taken to prevent further medical conditions.

(e) The Network shall be designed to follow infants and children up to one year of age with the 40 medical conditions listed in the matrix developed by the Birth Information Council that have been selected as identifiable via existing Vermont data systems and are considered to be representative of the most significant health conditions of newborns in Vermont, including conditions relating to upper and lower limbs. The Department of Health is authorized to amend the list of medical conditions through rulemaking pursuant to 3 V.S.A. chapter 25 to meet the objectives of this section.

(f) The Network's data system shall be designed to coordinate with the data systems of other states so that data on out-of-state births to Vermont residents will be captured for vital records, case ascertainment, and follow-up services. The Commissioner of Health is authorized to enter into interstate agreements containing the necessary conditions for information transmission.

(g) The Commissioner of Health shall compile information every two years to document possible links between environmental and chemical exposure with the special health conditions of Vermont's infants and children.

(h) The Department of Health shall develop a form that contains a description of the Birth Information Network and the purpose of the Network. The form shall include a statement that the parent or guardian of a child may contact the Department of Health and have the child's personally identifying information removed from the Network.
18 V.S.A. § 9483 — VT Code / Title 18 / Chapter 221 / Section 9483
§ 9483. Implementation of financial assistance policy
Status: in_force

(a) In addition to any other actions required by applicable State or federal law, a large health care facility shall take the following steps before seeking payment for any emergency or medically necessary health care services:

(1) determine whether the patient has health insurance or other coverage for the services delivered, including whether the health care services may be covered in whole or in part by an automobile insurance, a worker's compensation, or other type of policy;

(2) if the patient is uninsured, offer to provide the patient with information on how to apply for, and offer to connect the patient with help in applying for, public programs that may assist with health care costs; provided, however, that an undocumented immigrant's refusal to apply for public programs shall not be grounds for denying financial assistance under the facility's financial assistance policy;

(3) offer to provide the patient with information on how to apply for, and offer to connect the patient with help in applying for, health insurance and private programs that may assist with health care costs; provided, however, that a patient's refusal to apply for private health insurance shall not be grounds for denying financial assistance under the facility's financial assistance policy;

(4) if available, use information in the facility's possession to determine the patient's eligibility for free or discounted care based on the criteria set forth in subdivision 9482(b)(2) of this subchapter; and

(5) offer to the patient, at no charge, a financial assistance policy application and assistance in completing the application.

(b) A large health care facility shall determine a patient's eligibility for financial assistance as follows:

(1)(A) The facility shall determine a patient's household income using the patient's most recent federal or state income tax return.

(B)(i) The facility shall give each patient the option to submit pay stubs, documentation of public assistance, or other documentation of household income that the Department of Vermont Health Access identifies as valid documentation for purposes of this subchapter in lieu of or in addition to an income tax return.

(ii) A patient who is an undocumented immigrant shall also be given the option to submit other documentation of household income, such as a profit and loss statement, in lieu of an income tax return.

(C) The facility shall not require any additional information to verify income beyond the sources of information set forth in subdivisions (A) and (B) of this subdivision (1).

(2) The facility may grant financial assistance to a patient notwithstanding the patient's failure to provide one of the required forms of household income documentation and may rely on, but not require, other evidence of eligibility.

(3) The facility may grant financial assistance based on a determination of presumptive eligibility relying on information in the facility's possession but shall not presumptively deny an application based on that information.

(4)(A) The facility may, but is not required to, include an asset test in its financial assistance eligibility criteria. If the facility chooses to include an asset test in its financial assistance eligibility criteria, the asset test shall only apply to liquid assets. For purposes of determining financial assistance eligibility, liquid assets shall not include the household's primary residence, any 401(k) or individual retirement accounts, or any pension plans.

(B) Any limit on liquid assets for purposes of financial assistance eligibility shall be set at a dollar amount not less than 400 percent of the federal poverty level for the relevant household size for the year in which the health care services were delivered.

(c)(1) Within 30 calendar days following receipt of an application for financial assistance, the large health care facility shall notify the patient in writing as to whether the application is approved or disapproved or, if the application is incomplete, what information is needed to complete the application.

(2) If the facility approves the application for financial assistance, the facility shall provide the patient with a calculation of the financial assistance granted and a revised bill.

(3) If the facility denies the application for financial assistance, the facility shall allow the patient to submit an appeal within 60 days following receipt of the facility's decision. The facility shall notify the patient of its approval or denial of the patient's appeal within 60 days following receipt of the appeal.

(d)(1) A large health care facility or medical debt collector shall, at a minimum, offer to any patient who qualifies for financial assistance a payment plan and shall not require the patient to make monthly payments that exceed five percent of the patient's gross monthly household income.

(2) A large health care facility or medical debt collector shall not impose any prepayment or early payment penalty or fee on any patient and shall not charge interest on any medical debt owed by a patient who qualifies for the facility's financial assistance program.

(e) A large health care facility shall not discriminate on the basis of race, color, sex, sexual orientation, gender identity, marital status, religion, ancestry, national origin, citizenship, immigration status, primary language, disability, medical condition, or genetic information in its provision of financial assistance or in the implementation of its financial assistance policy.
18 V.S.A. § 501b — VT Code / Title 18 / Chapter 9 / Section 501b
§ 501b. Certification of laboratories
Status: in_force

(a) The Commissioner may certify a laboratory that meets the standards currently in effect of the National Environmental Laboratory Accreditation Conference and is accredited by an approved National Environmental Laboratory Accreditation Program accrediting authority or its equivalent to perform the testing and monitoring:

(1) required under 10 V.S.A. chapter 56 and the federal Safe Drinking Water Act; and

(2) of water from a potable water supply, as that term is defined in 10 V.S.A. § 1972(6).

(b)(1) The Commissioner may by order suspend or revoke a certificate granted under this section, after notice and opportunity to be heard, if the Commissioner finds that the certificate holder has:

(A) submitted materially false or materially inaccurate information;

(B) violated any material requirement, restriction, or condition of the certificate; or

(C) violated any statute, rule, or order relating to this title.

(2) The order shall set forth what steps, if any, may be taken by the certificate holder to relieve the holder of the suspension or enable the certificate holder to reapply for certification if a previous certificate has been revoked.

(c) A certificate holder may appeal the suspension or revocation of the certificate to the Superior Court of the county in which the certificate holder is located.

(d) Laboratory certification and approval Annual fee shall be:

(e) Fees collected under this section shall be credited to a special fund and shall be available to the Department to offset the costs of providing these services.

(f) A laboratory certified to conduct testing of groundwater sources or water supplies for use by a potable water supply, as that term is defined in 10 V.S.A. § 1972(6), including under the requirements of 10 V.S.A. § 1982, shall submit the results of groundwater analyses to the Department of Health in a format required by the Department of Health.
18 V.S.A. § 701 — VT Code / Title 18 / Chapter 13 / Section 701
§ 701. Definitions
Status: in_force

As used in this chapter:

(1) “Blueprint for Health” or “Blueprint” means the State's program for integrating a system of health care for patients, improving the health of the overall population, and improving control over health care costs by promoting health maintenance, prevention, and care coordination and management.

(2) “Board” means the Green Mountain Care Board established in chapter 220 of this title.

(3) “Chronic care” means health services provided by a health care professional for an established clinical condition that is expected to last a year or more and that requires ongoing clinical management attempting to restore the individual to highest function, minimize the negative effects of the condition, prevent complications related to chronic conditions, engage in advanced care planning, and promote appropriate access to palliative care and pain and symptom management. Examples of chronic conditions include diabetes, hypertension, cardiovascular disease, cancer, asthma, pulmonary disease, substance abuse, mental condition or psychiatric disability, spinal cord injury, hyperlipidemia, dementia, and chronic pain.

(4) “Chronic care information system” means the electronic database developed under the Blueprint for Health that shall include information on all cases of a particular disease or health condition in a defined population of individuals.

(5) “Chronic care management” means a system of coordinated health care interventions and communications for individuals with chronic conditions, including significant patient self-care efforts, systemic supports for licensed health care practitioners and their patients, and a plan of care emphasizing, on an ongoing basis and with the goals of improving overall health and meeting patients' needs:

(A) prevention of complications utilizing evidence-based practice guidelines;

(B) patient empowerment strategies;

(C) evaluation of clinical, humanistic, and economic outcomes; and

(D) advance care planning, palliative care, pain management, and hospice services, as appropriate.

(6) “Global payment” means a payment from a health insurer, Medicaid, Medicare, or other payer for the health services of a defined population of patients for a defined period of time. Such payments may be adjusted to account for the population's underlying risk factors, including severity of illness and socioeconomic factors that may influence the cost of health care for the population.

(7) “Health care professional” means an individual, partnership, corporation, facility, or institution licensed or certified or authorized by law to provide professional health care services.

(8) “Health insurance plan” has the same meaning as major medical insurance plan in 8 V.S.A. § 4011.

(9) “Health insurer” shall have the same meaning as in section 9402 of this title.

(10) “Health service” means any treatment or procedure delivered by a health care professional to maintain an individual's physical or mental health or to diagnose or treat an individual's physical or mental condition or intellectual disability, including services ordered by a health care professional, chronic care management, preventive care, wellness services, and medically necessary services to assist in activities of daily living.

(11) “Hospital” shall have the same meaning as in section 9451 of this title.

(12) “Integrated delivery system” means a group of health care professionals, associated either through employment by a single entity or through a contractual arrangement, that provides health services for a defined population of patients and is compensated through a global payment.

(13) “Payment reform” means modifying the method of payment from a fee for-service basis to one or more alternative methods for compensating health care professionals, health care provider bargaining groups created pursuant to section 9409 of this title, integrated delivery systems and other health care professional arrangements, manufacturers of prescribed products, medical supply companies, and other companies providing health services or health supplies, for the provision of high-quality and efficient health services, products, and supplies while measuring quality and efficiency. The term may include shared savings agreements, bundled payments, episode-based payments, and global payments.

(14) “Preventive care” means health services provided by health care professionals to identify and treat asymptomatic individuals who have risk factors or preclinical disease, but in whom the disease is not clinically apparent, including immunizations and screening, counseling, treatment, and medication determined by scientific evidence to be effective in preventing or detecting a condition.

(15) “Wellness services” means health services, programs, or activities that focus on the promotion or maintenance of good health.
18 V.S.A. § 1762 — VT Code / Title 18 / Chapter 38 / Section 1762
§ 1762. Secured lenders and fiduciaries; liability
Status: in_force

(a) A person who holds indicia of ownership in rental target housing or a child care facility furnished by the owner or person in lawful possession, for the primary purpose of assuring repayment of a financial obligation, and who takes full legal title through foreclosure or deed in lieu of foreclosure or otherwise shall not be liable as an owner of the property for injury or loss claimed to be caused by exposure to lead of a child on the premises, provided that, on or before the 120th day after the date of possession, the person:

(1) performs RRPM activities as required by section 1759 of this chapter; and

(2) fully discloses to all potential purchasers, operators, or tenants of the property any information in the possession of such person or the person's agents, regarding the presence of lead hazards or a lead-poisoned child on the property and, upon request, provides copies of all written reports on lead hazards to potential purchasers, operators, or tenants.

(b) The immunity provided in subsection (a) of this section shall expire 365 days after the secured lender or fiduciary takes full legal title.

(c) A person who holds legal title to rental target housing or a child care facility as an executor, administrator, trustee, or the guardian of the estate of the owner and demonstrates that in that fiduciary capacity the person does not have either the legal authority or the financial resources to fund capital or major property rehabilitation necessary to conduct RRPM activities shall not be personally liable as an owner for injury or loss caused by exposure of a child on the premises to lead. However, nothing in this section shall limit the liability of the trust estate for such claims and those claims may be asserted against the trustee as a fiduciary of the trust estate.
18 V.S.A. § 4635 — VT Code / Title 18 / Chapter 91 / Section 4635
§ 4635. Prescription drug cost transparency
Status: in_force

(a) As used in this section:

(1) “Manufacturer” shall have the same meaning as “pharmaceutical manufacturer” in section 4631a of this title.

(2) “Prescription drug” means a drug as defined in 21 U.S.C. § 321.

(b)(1)(A) The Department of Vermont Health Access shall create annually a list of 10 prescription drugs on which the State spends significant health care dollars and for which the wholesale acquisition cost has increased by 50 percent or more over the past five years or by 15 percent or more during the previous calendar year, creating a substantial public interest in understanding the development of the drugs' pricing. The list shall include at least one generic and one brand-name drug and shall indicate each of the drugs on the list that the Department considers to be specialty drugs. The Department shall include the percentage of the wholesale acquisition cost increase for each drug on the list; rank the drugs on the list from those with the largest increase in wholesale acquisition cost to those with the smallest increase; indicate whether each drug was included on the list based on its cost increase over the past five years or during the previous calendar year, or both; and provide the Department's total expenditure for each drug on the list during the most recent calendar year.

(B) The Department of Vermont Health Access shall create annually a list of 10 prescription drugs on which the State spends significant health care dollars and for which the cost to the Department of Vermont Health Access, net of rebates and other price concessions, has increased by 50 percent or more over the past five years or by 15 percent or more during the previous calendar year, creating a substantial public interest in understanding the development of the drugs' pricing. The list shall include at least one generic and one brand-name drug and shall indicate each of the drugs on the list that the Department considers to be specialty drugs. The Department shall rank the drugs on the list from those with the greatest increase in net cost to those with the smallest increase and indicate whether each drug was included on the list based on its cost increase over the past five years or during the previous calendar year, or both.

(C)(i) Each health insurer with more than 5,000 covered lives in this State for major medical health insurance shall create annually a list of 10 prescription drugs on which its health insurance plans spend significant amounts of their premium dollars and for which the cost to the plans, net of rebates and other price concessions, has increased by 50 percent or more over the past five years or by 15 percent or more during the previous calendar year, or both, creating a substantial public interest in understanding the development of the drugs' pricing. The list shall include at least one generic and one brand-name drug and shall indicate each of the drugs on the list that the health insurer considers to be specialty drugs. The health insurer shall rank the drugs on the list from those with the greatest increase in net cost to those with the smallest increase and indicate whether each drug was included on the list based on its cost increase over the past five years or during the previous calendar year, or both.

(ii) Each health insurer creating a list pursuant to subdivision (i) of this subdivision (b)(1)(C) shall provide to the Office of the Attorney General the percentage by which the net cost to its plans increased over the applicable period or periods for each drug on the list, as well as the insurer's total expenditure, net of rebates and other price concessions, for each drug on the list during the most recent calendar year. Information provided to the Office of the Attorney General pursuant to this subdivision (b)(1)(C)(ii) is exempt from public inspection and copying under the Public Records Act and shall not be released.

(2) The Department of Vermont Health Access and the health insurers shall provide to the Office of the Attorney General and the Green Mountain Care Board the lists of prescription drugs developed pursuant to subdivisions (1)(A), (B), and (C)(i) of this subsection annually on or before June 1. The Office of the Attorney General and the Green Mountain Care Board shall make all of the information available to the public on their respective websites.

(c)(1)(A) Of the prescription drugs listed by the Department of Vermont Health Access and the health insurers pursuant to subdivisions (b)(1)(B) and (C) of this section, the Office of the Attorney General shall identify 15 drugs as follows:

(i) of the drugs appearing on more than one payer's list, the Office of the Attorney General shall identify the top 15 drugs on which the greatest amount of money was spent across all payers during the previous calendar year, to the extent information is available; and

(ii) if fewer than 15 drugs appear on more than one payer's list, the Office of the Attorney General shall rank the remaining drugs based on the amount of money spent by any one payer during the previous calendar year, in descending order, and select as many of the drugs at the top of the list as necessary to reach a total of 15 drugs.

(B) For the 15 drugs identified by the Office of the Attorney General pursuant to subdivision (A) of this subdivision (1), the Office of the Attorney General shall require the manufacturer of each such drug to provide all of the following:

(i) Justification for the increase in the net cost of the drug to the Department of Vermont Health Access, to one or more health insurers, or both, which shall be provided to the Office of the Attorney General in a format that the Office of the Attorney General determines to be understandable and appropriate and shall be provided in accordance with a timeline specified by the Office of the Attorney General. The manufacturer shall submit to the Office of the Attorney General all relevant information and supporting documentation necessary to justify the manufacturer's net cost increase to the Department of Vermont Health Access, to one or more health insurers, or both during the identified period of time, including:

(I) each factor that specifically caused the net cost increase to the Department of Vermont Health Access, to one or more health insurers, or both during the specified period of time;

(II) the percentage of the total cost increase attributable to each factor; and

(III) an explanation of the role of each factor in contributing to the cost increase.

(ii) A separate version of the information submitted pursuant to subdivision (i) of this subdivision (1)(B), which shall be made available to the public by the Office of the Attorney General and the Green Mountain Care Board pursuant to subsection (d) of this section. In the event that the manufacturer believes it necessary to redact certain information in the public version as proprietary or confidential, the manufacturer shall provide an explanation for each such redaction to the Office of the Attorney General. The information, format, and any redactions shall be subject to approval by the Office of the Attorney General.

(iii) Additional information in response to all requests for such information by the Office of the Attorney General.

(2) Nothing in this section shall be construed to restrict the legal ability of a prescription drug manufacturer to change prices to the extent permitted under federal law.

(d)(1) The Attorney General shall provide a report to the General Assembly on or before December 1 of each year based on the information received from manufacturers pursuant to this section. The Attorney General shall post the report and the public version of each manufacturer's information submitted pursuant to subdivision (c)(1)(B)(ii) of this section on the Office of the Attorney General's website.

(2) The Green Mountain Care Board shall post on its website the report prepared by the Attorney General pursuant to subdivision (1) of this subsection and the public version of each manufacturer's information submitted pursuant to subdivision (c)(1)(B)(ii) of this section, and may inform the public of the availability of the report and the manufacturers' justification information.

(e) Information provided to the Office of the Attorney General pursuant to subdivision (c)(1)(B) of this section is exempt from public inspection and copying under the Public Records Act and shall not be released in a manner that allows for the identification of an individual drug or manufacturer or that is likely to compromise the financial, competitive, or proprietary nature of the information, except for the information prepared for release to the public pursuant to subdivision (c)(1)(B)(ii) of this section.

(f) The Attorney General may bring an action in the Civil Division of the Superior Court, Washington County for injunctive relief, costs, and attorney's fees, and to impose on a manufacturer that fails to provide any of the information required by subsection (c) of this section, in the format requested by the Office of the Attorney General and in accordance with the timeline specified by the Office of the Attorney General, a civil penalty of not more than $10,000.00 per violation. Each unlawful failure to provide information shall constitute a separate violation. In any action brought pursuant to this section, the Attorney General shall have the same authority to investigate and to obtain remedies as if the action were brought under the Consumer Protection Act, 9 V.S.A. chapter 63.
18 V.S.A. § 5376 — VT Code / Title 18 / Chapter 121 / Section 5376
§ 5376. Sale of lots; tax exemption
Status: in_force

The board of cemetery commissioners, by one of the commissioners appointed by it for that purpose, in the name of the town, by deed, may grant and convey lots in such burial grounds to be used for the permanent disposition of the dead and on which tombs, cenotaphs, and other monuments are to be erected. Such lots shall be exempt from taxation. The deeds thereof shall be recorded in the office of the town clerk of the town where such lots lie.
18 V.S.A. § 7404 — VT Code / Title 18 / Chapter 177 / Section 7404
§ 7404. Accounts of receipts and expenditures
Status: in_force

The Commissioner shall cause to be kept a true and just account of all receipts and expenditures. His or her report shall contain the account together with a tabulated statement of the work done by the State hospital during the preceding two years.
18 V.S.A. § 7103 — VT Code / Title 18 / Chapter 171 / Section 7103
§ 7103. Disclosure of information
Status: in_force

(a) All certificates, applications, records, and reports, other than an order of a court made for the purposes of this part of this title, and directly or indirectly identifying a patient or former patient or an individual whose hospitalization or care has been sought or provided under this part, together with clinical information relating to such persons shall be kept confidential and shall not be disclosed by any person except insofar:

(1) as the individual identified, the individual's agent under an advance directive executed in accordance with chapter 231 of this title, or the individual's legal guardian, if any, or, if the individual is an unemancipated minor, the individual's parent or legal guardian shall consent in writing;

(2) as disclosure may be necessary to carry out any of the provisions of this part;

(3) as a court may direct upon its determination that disclosure is necessary for the conduct of proceedings before it and that failure to make disclosure would be contrary to the public interest; or

(4) as the disclosure is made to comply with the reporting requirements of section 7617a of this title or 13 V.S.A. § 4824.

(b) Nothing in this section shall preclude disclosure, upon proper inquiry, of information concerning medical condition to the individual's family, clergy, physician, attorney, the individual's agent under an advance directive executed in accordance with chapter 231 of this title, a person to whom disclosure is authorized by a validly executed durable power of attorney for health care, or to an interested party.

(c) Any person violating this section shall be fined not more than $2,000.00 or imprisoned for not more than one year, or both.

(d) Nothing in 12 V.S.A. § 1612(a) shall affect the provisions of this section.

(e) Mandatory disclosure to home providers.

(1) With the written consent of the individual or his or her guardian, an agency designated by the Department of Disabilities, Aging, and Independent Living or of Health to provide developmental disability and mental health services shall disclose all relevant information, in writing, to a potential home care provider for that individual so that the provider has the opportunity to make a fully informed decision prior to the placement.

(2) If the individual or his or her guardian does not consent to the disclosure, the placement will not occur unless the home care provider agrees, in writing, to the placement, absent disclosure.

(3) A home care provider must furnish to any person providing respite care, the individual's relevant information obtained from the agency designated by the Department of Disabilities, Aging, and Independent Living or of Health to provide developmental disability and mental health services, as provided in this subsection. Where the home care provider has agreed to placement without disclosure, the home care provider shall inform the respite provider of that fact.

(4) Home care and respite providers, whether or not they agree to a placement, shall be subject to the confidentiality and disclosure requirements of subsections (a), (b), and (c) of this section.

(5) As used in this subsection:

(A) “Home care provider” means a person or entity paid by an agency designated by the Department of Disabilities, Aging, and Independent Living or of Health to provide developmental disability and mental health services, to provide care in his or her home.

(B) “Relevant information” means information needed to protect the individual and others from harm, including any relevant history of violent behavior or conduct causing danger of harm to others, as defined in subdivision 7101(17)(A) of this title; any medications presently prescribed to the individual; and any known precursors of dangerous behavior that may cause future harm.

(C) “Respite provider” means a person, paid by a home care provider, to provide care by the day or overnight in the person's home.

(6) Any written disclosure of relevant information under this subsection shall also include notice of the confidentiality and disclosure requirements of this section.

(7) Where the individual has consented to disclosure, an agency designated by the Department of Disabilities, Aging, and Independent Living or of Health to provide developmental disability and mental health services shall provide updated information regarding the individual to the home care provider.
18 V.S.A. § 4220 — VT Code / Title 18 / Chapter 84 / Section 4220
§ 4220. Violations; proceedings
Status: in_force

(a) In any complaint, information, or indictment, and in any action or proceeding brought for the enforcement of any provision of this chapter, it shall not be necessary to negate any exception, excuse, proviso, or exemption contained in this chapter and the burden of proof of any such exception, excuse, proviso, or exemption shall be upon the defendant.

(b) No person shall be convicted of a violation of any provision of this chapter if such person shall have been acquitted or convicted under the criminal provisions of the federal drug laws for the same act or omission that, it is alleged, constitutes a violation of this chapter.

(c) On the conviction of any person of the violation of any provision of this chapter, a copy of the judgment and sentence and of the opinion of the court or magistrate, if any opinion be filed, shall be sent by the clerk of the court or by the magistrate to the commission or officer, if any, by whom the convicted defendant has been licensed or registered to practice the person's profession or to carry on the person's business, and to the Commissioner of Health, who shall immediately transmit a copy thereof to the professional board, if any, having such person within its jurisdiction.
18 V.S.A. § 9606 — VT Code / Title 18 / Chapter 229 / Section 9606
§ 9606. Conflicts of interest
Status: in_force

(a) The Office of the Health Care Advocate, its employees, and its contractors shall not have any conflict of interest relating to the performance of their responsibilities under this chapter. For the purposes of this chapter, a conflict of interest exists whenever the Office of the Health Care Advocate, its employees, or its contractors or a person affiliated with the Office, its employees, or its contractors:

(1) has a direct involvement in the licensing, certification, or accreditation of a health care facility, health insurer, or health care provider;

(2) has a direct ownership interest or investment interest in a health care facility, health insurer, or health care provider;

(3) is employed by or participating in the management of a health care facility, health insurer, or health care provider; or

(4) receives or has the right to receive, directly or indirectly, remuneration under a compensation arrangement with a health care facility, health insurer, or health care provider.

(b) The Office shall report any potential conflicts of interest to the Agency of Human Services.

(c) It shall not constitute a conflict of interest per se for an employee or contractor of the Office to serve without compensation on the board of directors of a nonprofit health care entity whose primary regulator is not an agency of the State of Vermont.
18 V.S.A. § 9440a — VT Code / Title 18 / Chapter 221 / Section 9440a
§ 9440a. Applications, information, and testimony; oath required
Status: in_force

(a) Each application filed under this subchapter, any written information required or permitted to be submitted in connection with an application or with the monitoring of an order, decision, or certificate issued by the Board, and any testimony taken before the Board or a hearing officer appointed by the Board shall be submitted or taken under oath. The form and manner of the submission shall be prescribed by the Board. The authority granted to the Board under this section is in addition to any other authority granted to the Board under law.

(b) Each application shall be filed by the applicant's chief executive officer under oath, as provided by subsection (a) of this section. The Board may direct that information submitted with the application be submitted under oath by persons with personal knowledge of such information.

(c) A person who knowingly makes a false statement under oath or who knowingly submits false information under oath to the Board or a hearing officer appointed by the Board or who knowingly testifies falsely in any proceeding before the Board or a hearing officer appointed by the Board shall be guilty of perjury and punished as provided in 13 V.S.A. § 2901.
18 V.S.A. § 5078 — VT Code / Title 18 / Chapter 103 / Section 5078
§ 5078. Adoption; new and amended birth certificate
Status: repealed

(a) When the State Registrar receives a report of adoption, a report of an amended adoption, or a report that an adoption has been set aside as provided in 15A V.S.A. § 3-801, or a record of adoption prepared and filed in accordance with the laws of another state or foreign country, he or she shall proceed as prescribed in 15A V.S.A. § 3-802.

(b) If prior to July 1, 2019 a new birth certificate was issued following an adoption that contains a notation that it was issued by authority of this chapter, contains the filing dates of the original and the new birth certificate, or otherwise contains information that facially distinguishes it from an original, the adoptive parent or the adoptee if 14 years of age or older may apply to the State Registrar to issue a replacement birth certificate that does not contain distinguishing information. The State Registrar shall issue the replacement and notify any town clerk with custody of the version that contains distinguishing information, who shall substitute the latter with the replacement birth certificate. The town clerk shall send the version that contains distinguishing information to the State Registrar, who shall keep it confidential.

(c) [Repealed.]

(d) [Repealed.]

(e) [Repealed.]

(f) [Repealed.]
18 V.S.A. § 9418e — VT Code / Title 18 / Chapter 221 / Section 9418e
§ 9418e. Most favored nation clauses prohibited
Status: in_force

Not later than 180 days after the effective date of this section, no contracting entity shall do any of the following:

(1) offer to a provider, hospital, pharmacist, or pharmacy a health care contract that includes a most favored nation clause;

(2) enter into a health care contract with a provider, hospital, pharmacist, or pharmacy that includes a most favored nation clause; or

(3) amend an existing health care contract previously entered into with a provider, hospital, pharmacist, or pharmacy to include a most favored nation clause.
18 V.S.A. § 5579 — VT Code / Title 18 / Chapter 121 / Section 5579
§ 5579. Penalties
Status: in_force

A person who violates a provision of sections 5571-5578 of this title shall be fined not less than $100.00 nor more than $500.00 or be imprisoned in the State correctional facility not less than 10 days nor more than three months, or both, for each offense.
18 V.S.A. § 7305 — VT Code / Title 18 / Chapter 175 / Section 7305
§ 7305. Powers of Board
Status: in_force

The Board may administer oaths, summon witnesses before it in a case under investigation, and discharge by its order, in writing, any person confined as a patient in a hospital whom it finds on investigation to be wrongfully hospitalized or in a condition to warrant discharge. The Board shall discharge patients, not criminals, who have eloped from a hospital and have not been apprehended at the expiration of six months from the time of their elopement. The Board shall not order the discharge of a patient without giving the superintendent of the hospital an opportunity to be heard.
18 V.S.A. § 9607 — VT Code / Title 18 / Chapter 229 / Section 9607
§ 9607. Funding; allocation of expenses
Status: in_force

(a) The Office of the Health Care Advocate shall specify in its annual report filed pursuant to this chapter the sums expended by the Office in carrying out its duties, including identifying the specific amount expended for actuarial services.

(b)(1) Expenses incurred by the Office of the Health Care Advocate for services related to the Green Mountain Care Board's and Department of Financial Regulation's regulatory and supervisory duties shall be borne as follows:

(A) 27.5 percent by the State from State monies;

(B) 24.2 percent by the hospitals;

(C) 24.2 percent by nonprofit hospital and medical service corporations licensed under 8 V.S.A. chapter 123 or 125; and

(D) 24.2 percent by health insurance companies licensed under 8 V.S.A. chapter 101.

(2) Expenses under subdivision (1) of this subsection shall be billed to persons licensed under Title 8 based on premiums paid for health care coverage, which for the purposes of this section shall include major medical, comprehensive medical, hospital or surgical coverage, and comprehensive health care services plans, but shall not include long-term care or limited benefits, disability, credit or stop loss, or excess loss insurance coverage.

(3) The Green Mountain Care Board shall administer the bill back authority created in this subsection on behalf of the Agency of Human Services in support of the Agency's contract with the Office of the Health Care Advocate pursuant to section 9602 of this title to carry out the duties set forth in this chapter.

(c) It is the intent of the General Assembly that the Office of the Health Care Advocate shall maximize the amount of federal and grant funds available to support the activities of the Office.
18 V.S.A. § 9361 — VT Code / Title 18 / Chapter 219 / Section 9361
§ 9361. Health care providers delivering health care services through telemedicine or by store-and-forward means
Status: in_force

(a) As used in this section, “distant site,” “health care provider,” “originating site,” “store-and-forward,” and “telemedicine” have the same meanings as in 8 V.S.A. § 4098a.

(b) Subject to the limitations of the license under which the individual is practicing, a health care provider licensed in this State may prescribe, dispense, or administer drugs or medical supplies, or otherwise provide treatment recommendations to a patient after having performed an appropriate examination of the patient in person, through telemedicine, or by the use of instrumentation and diagnostic equipment through which images and medical records may be transmitted electronically. Treatment recommendations made via electronic means, including issuing a prescription via electronic means, shall be held to the same standards of appropriate practice as those in traditional provider-patient settings.

(c)(1) A health care provider delivering health care services or dental services through telemedicine shall obtain and document a patient's oral or written informed consent for the use of telemedicine technology prior to delivering services to the patient.

(A) The informed consent for telemedicine services shall be provided in accordance with Vermont and national policies and guidelines on the appropriate use of telemedicine within the provider's profession and shall include, in language that patients can easily understand:

(i) an explanation of the opportunities and limitations of delivering health care services or dental services through telemedicine;

(ii) informing the patient of the presence of any other individual who will be participating in or observing the patient's consultation with the provider at the distant site and obtaining the patient's permission for the participation or observation; and

(iii) assurance that all services the health care provider delivers to the patient through telemedicine will be delivered over a secure connection that complies with the requirements of the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191.

(B) For services delivered through telemedicine on an ongoing basis, the health care provider shall be required to obtain consent only at the first episode of care.

(2) The provider shall include the patient's written consent in the patient's medical record or document the patient's oral consent in the patient's medical record.

(3) A health care provider delivering telemedicine services through a contract with a third-party vendor shall comply with the provisions of this subsection (c) to the extent permissible under the terms of the contract. If the contract requires the health care provider to use the vendor's own informed consent provisions instead of those set forth in this subsection, the health care provider shall be deemed to be in compliance with the requirements of this subsection if he or she adheres to the terms of the vendor's informed consent policies.

(4) Notwithstanding any provision of this subsection to the contrary, a health care provider shall not be required to obtain a patient's informed consent for the use of telemedicine in the following circumstances:

(A) in the case of a medical emergency;

(B) for the second certification of an emergency examination determining whether an individual is a person in need of treatment pursuant to section 7508 of this title; or

(C) for a psychiatrist's examination to determine whether an individual is in need of inpatient hospitalization pursuant to 13 V.S.A. § 4815(g)(3).

(d) Neither a health care provider nor a patient shall create or cause to be created a recording of a provider's telemedicine consultation with a patient.

(e)(1) A patient receiving health care services or dental services by store-and-forward means shall be informed of the patient's right to refuse to receive services in this manner and to request services in an alternative format, such as through real-time telemedicine services or an in-person visit.

(2) Receipt of services by store-and-forward means shall not preclude a patient from receiving real-time telemedicine services or an in-person visit with the distant site health care provider at a future date.

(3) Originating site health care providers involved in the store-and-forward process shall obtain informed consent from the patient as described in subsection (c) of this section.
18 V.S.A. § 9317 — VT Code / Title 18 / Chapter 215 / Section 9317
§ 9317. General provision
Status: in_force

The Commissioner may delegate his or her powers and duties under this chapter to staff within the Department, and may adopt, pursuant to 3 V.S.A. chapter 25, rules necessary for the proper and efficient administration of this chapter.
18 V.S.A. § 4254 — VT Code / Title 18 / Chapter 84 / Section 4254
§ 4254. Reporting a drug overdose; immunity from liability
Status: in_force

(a) As used in this section:

(1) “Drug overdose” means an acute condition resulting from or believed to be resulting from the use of a regulated drug that a layperson would reasonably believe requires medical assistance. For purposes of this section, “regulated drug” shall include alcohol.

(2) “Medical assistance” means professional services provided to a person experiencing a drug overdose by a health care professional licensed, registered, or certified under State law who, acting within his or her lawful scope of practice, may provide diagnosis, treatment, or emergency services for a person experiencing a drug overdose.

(3) “Seeks medical assistance” shall include providing care to someone who is experiencing a drug overdose while awaiting the arrival of medical assistance to aid the overdose victim.

(b) A person who, in good faith and in a timely manner, seeks medical assistance for someone who is experiencing a drug overdose shall not be cited, arrested, or prosecuted for a violation of this chapter or cited, arrested, or prosecuted for procuring, possessing, or consuming alcohol by someone under 21 years of age pursuant to 7 V.S.A. § 656 or for providing to or enabling consumption of alcohol by someone under 21 years of age pursuant to 7 V.S.A. § 658(a)-(c).

(c) A person who is experiencing a drug overdose and, in good faith, seeks medical assistance for himself or herself or is the subject of a good faith request for medical assistance shall not be cited, arrested, or prosecuted for a violation of this chapter or cited, arrested, or prosecuted for procuring, possessing, or consuming alcohol by someone under 21 years of age pursuant to 7 V.S.A. § 656 or for providing to or enabling consumption of alcohol by someone under 21 years of age pursuant to 7 V.S.A. § 658(a)-(c).

(d) A person who seeks medical assistance for a drug overdose or is the subject of a good faith request for medical assistance pursuant to subsection (b) or (c) of this section shall not be subject to any of the penalties for violation of 13 V.S.A. § 1030 (violation of a protection order), for a violation of this chapter or 7 V.S.A. § 656, for being at the scene of the drug overdose or for being within close proximity to any person at the scene of the drug overdose.

(e) A person who seeks medical assistance for a drug overdose or is the subject of a good faith request for medical assistance pursuant to subsection (b) or (c) of this section shall not be subject to any sanction for a violation of a condition of pretrial release, probation, furlough, or parole for a violation of this chapter or 7 V.S.A. § 656 for being at the scene of the drug overdose or for being within close proximity to any person at the scene of the drug overdose.

(f) The act of seeking medical assistance for or by someone who is experiencing a drug overdose shall be considered a mitigating circumstance at sentencing for a violation of any other offense.

(g) The immunity provisions of this section apply only to the use and derivative use of evidence gained as a proximate result of the person's seeking medical assistance for a drug overdose, being the subject of a good faith request for medical assistance, being at the scene, or being within close proximity to any person at the scene of the drug overdose for which medical assistance was sought and do not preclude prosecution of the person on the basis of evidence obtained from an independent source.

(h) A person who seeks medical assistance for a drug overdose pursuant to subsection (b) or (c) of this section shall not be subject to the provisions of subchapter 2 of this chapter concerning property subject to forfeiture, except that prima facie contraband shall be subject to forfeiture.

(i) Except in cases of reckless or intentional misconduct, law enforcement shall be immune from liability for citing or arresting a person who is later determined to qualify for immunity under this section.

(j) To encourage persons to seek medical assistance for someone who is experiencing an overdose, the Department of Health, in partnership with entities that provide education, outreach, and services regarding substance use disorder, shall engage in continuous efforts to publicize the immunity protections provided in this section.
18 V.S.A. § 7502 — VT Code / Title 18 / Chapter 179 / Section 7502
§ 7502. Control and treatment of patients
Status: in_force

A person admitted to a hospital shall be subject to the control and treatment of the head of the hospital and the Board until his or her condition warrants his or her release, or until he or she has been lawfully removed or otherwise discharged.
18 V.S.A. § 8839 — VT Code / Title 18 / Chapter 206 / Section 8839
§ 8839. Definitions
Status: in_force

As used in this subchapter:

(1) “Commissioner” means the Commissioner of Disabilities, Aging, and Independent Living.

(2) “Designated program” means a program designated by the Commissioner as adequate to provide in an individual manner appropriate custody, care, and habilitation to persons with intellectual disabilities receiving services under this subchapter.

(3)(A) “Person in need of continued custody, care, and habilitation” means a person:

(i) who was previously found to be a person in need of custody, care, and habilitation;

(ii) who poses a danger of harm to others; and

(iii) for whom appropriate custody, care, and habilitation can be provided by the Commissioner in a designated program.

(B) As used in this subdivision (3), a danger of harm to others shall be shown by establishing that, in the time since the last order of commitment was issued, the person:

(i) has inflicted or attempted to inflict serious bodily injury to another or has committed an act that would constitute sexual conduct with a child as defined in 13 V.S.A. § 2821 or lewd and lascivious conduct with a child as provided in 13 V.S.A. § 2602 of this title; or

(ii) has exhibited behavior demonstrating that, absent treatment or programming provided by the Commissioner, there is a substantial likelihood that the person would inflict or attempt to inflict physical or sexual harm to another.

(4) “Person in need of custody, care, and habilitation” means a person:

(A) with an intellectual disability, which means significantly subaverage intellectual functioning existing concurrently with deficits in adaptive behavior that were manifest before 18 years of age;

(B) who has inflicted or attempted to inflict serious bodily injury to another or who has committed an act that would constitute sexual conduct with a child as defined in 13 V.S.A. § 2821 or lewd and lascivious conduct with a child as provided in 13 V.S.A. § 2602; and

(C) for whom appropriate custody, care, and habilitation can be provided by the Commissioner in a designated program.

(5) “Victim” has the same meaning as in 13 V.S.A. § 5301(4).
18 V.S.A. § 4230a — VT Code / Title 18 / Chapter 84 / Section 4230a
§ 4230a. Cannabis possession by a person 21 years of age or older
Status: in_force

(a)(1) Except as otherwise provided in this section, a person 21 years of age or older who possesses one ounce or less of cannabis or five grams or less of hashish and two mature cannabis plants or fewer or four immature cannabis plants or fewer or who possesses paraphernalia for cannabis use shall not be penalized or sanctioned in any manner by the State or any of its political subdivisions or denied any right or privilege under State law. The one-ounce limit of cannabis or five grams of hashish that may be possessed by a person 21 years of age or older shall not include cannabis cultivated, harvested, and stored in accordance with section 4230e of this title.

(2)(A) A person shall not consume cannabis in a public place. As used in this section, “public place” has the same meaning as provided by 7 V.S.A. § 831.

(B) A person who violates this subdivision (a)(2) shall be assessed a civil penalty as follows:

(i) not more than $100.00 for a first offense;

(ii) not more than $200.00 for a second offense; and

(iii) not more than $500.00 for a third or subsequent offense.

(b)(1) Cannabis possessed or consumed in violation of State law is contraband pursuant to subsection 4242(d) of this title and subject to seizure and forfeiture.

(2) This section does not:

(A) exempt a person from arrest, citation, or prosecution for being under the influence of cannabis while operating a vehicle of any kind or for consuming cannabis while operating a motor vehicle;

(B) repeal or modify existing laws or policies concerning the operation of vehicles of any kind while under the influence of cannabis or for consuming cannabis while operating a motor vehicle;

(C) limit the authority of primary and secondary schools to impose administrative penalties for the possession of cannabis on school property;

(D) prohibit a municipality from adopting a civil ordinance to provide additional penalties for consumption of cannabis in a public place;

(E) prohibit a landlord from banning possession or use of cannabis in a lease agreement; or

(F) allow an inmate of a correctional facility to possess or use cannabis or to limit the authority of law enforcement, the courts, the Department of Corrections, or the Parole Board to impose penalties on offenders who use cannabis in violation of a court order, conditions of furlough, parole, or rules of a correctional facility.

(c)(1) A law enforcement officer is authorized to detain a person if:

(A) the officer has reasonable grounds to believe the person has violated subsection (a) of this section; and

(B) the person refuses to identify himself or herself satisfactorily to the officer when requested by the officer.

(2) The person may be detained only until the person identifies himself or herself satisfactorily to the officer or is properly identified. If the officer is unable to obtain the identification information, the person shall forthwith be brought before a judge in the Criminal Division of the Superior Court for that purpose. A person who refuses to identify himself or herself to the court on request shall immediately and without service of an order on the person be subject to civil contempt proceedings pursuant to 12 V.S.A. § 122.

(d) Fifty percent of the civil penalties imposed by the Judicial Bureau for violations of this section shall be deposited in the Drug Task Force Special Fund, hereby created to be managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and available to the Department of Public Safety for the funding of law enforcement officers on the Drug Task Force, except for a $12.50 administrative charge for each violation, which shall be deposited in the Court Technology Special Fund, in accordance with 13 V.S.A. § 7252. The remaining 50 percent shall be deposited in the Youth Substance Awareness Safety Program Special Fund, hereby created to be managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and available to the Court Diversion Program for funding of the Youth Substance Awareness Safety Program as required by section 4230b of this title.

(e) Nothing in this section shall be construed to do any of the following:

(1) require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growing of cannabis in the workplace;

(2) prevent an employer from adopting a policy that prohibits the use of cannabis in the workplace;

(3) create a cause of action against an employer that discharges an employee for violating a policy that restricts or prohibits the use of cannabis by employees; or

(4) prevent an employer from prohibiting or otherwise regulating the use, consumption, possession, transfer, display, transportation, sale, or growing of cannabis on the employer's premises.
18 V.S.A. § 9711 — VT Code / Title 18 / Chapter 231 / Section 9711
§ 9711. Authority and obligations of agent
Status: in_force

(a) When the requirements of subsection 9706(a) of this title are met, and subject to the provisions of this chapter, other applicable law, and any express instructions regarding the agent's authority set forth in an advance directive or a court order, an agent shall have the authority to make any health care decisions on the principal's behalf that the principal could make if the principal had capacity.

(b) A principal with capacity retains concurrent authority with the principal's agent to make health care decisions. In the event the principal and the agent disagree on a decision regarding the principal's health care, the decision of the principal shall be controlling.

(c) The authority of an agent ceases to be effective:

(1) if the advance directive became effective pursuant to subdivision 9706(a)(1) of this title, upon a clinician's determination that the principal has recovered capacity; or

(2) when the circumstance or condition specified pursuant to subdivision 9702(a)(3) of this title no longer is met.

(d)(1) After consultation with the principal, to the extent possible, and with the principal's clinician and any other appropriate health care providers and any individuals identified in the advance directive as those with whom the agent shall consult, the agent shall make health care decisions by attempting to determine what the principal would have wanted under the circumstances. In making the determination, the agent shall consider the following:

(A) the principal's specific instructions contained in an advance directive to the extent those directions are applicable;

(B) the principal's wishes expressed to the agent, guardian, or health care provider, since or prior to the execution of an advance directive, if any, to the extent those expressions are applicable; or

(C) the agent's knowledge of the principal's values or religious or moral beliefs.

(2) If the agent cannot determine what the principal would have wanted under the circumstances, the agent shall make the determination through an assessment of the principal's best interests. When making a decision for the principal on this basis, the agent shall not authorize the provision or withholding of health care on the basis of the principal's economic status or preexisting, long-term mental or physical disability.

(3) When making a determination under this subsection, the agent shall not consider the agent's own interests, wishes, values, or beliefs.

(4) If an agent is unable or unwilling to make a health care decision for the principal in compliance with the requirements of this subsection, the agent shall:

(A) recuse himself or herself with respect to the decision or resign from being the principal's agent; and

(B) notify the principal, alternate agent, health care provider, and residential care provider of the recusal or resignation.

(e) Unless otherwise specified in an advance directive or guardianship order, an agent or guardian shall have the same rights a principal with capacity would have to:

(1) request, review, receive, and copy any oral or written information regarding the principal's physical or mental health, including medical and hospital records;

(2) participate in any meetings, discussions, or conferences concerning health care decisions related to the principal;

(3) consent to the disclosure of health care information; and

(4) file a complaint on behalf of the principal regarding a health care provider, health care facility, or residential care facility.

(f) Nothing in this chapter shall be construed to give an agent authority to consent to voluntary sterilization.

(g) Unless the Probate Division of the Superior Court expressly orders otherwise in a guardianship proceeding pursuant to 14 V.S.A. § 3069(b), the authority of an agent appointed and the instructions contained in an advance directive executed prior to the appointment of the guardian shall remain in effect, and the ward may not execute an advance directive.
18 V.S.A. § 7312 — VT Code / Title 18 / Chapter 175 / Section 7312
§ 7312. Penalty; failure to obey summons
Status: in_force

A person legally summoned as a witness before the Board on behalf of the State, or summoned by other parties with a tender of his or her fees, which shall be the same as those allowed witnesses in a Criminal Division of the Superior Court, who willfully and wrongfully refuses to attend or testify shall be imprisoned not more than six months or fined not more than $100.00 nor less than $10.00, or both.
18 V.S.A. § 2141 — VT Code / Title 18 / Chapter 49 / Section 2141
§ 2141. Definitions
Status: in_force

As used in this chapter:

(1) “Ambulatory surgical center” means any distinct entity that operates primarily for the purpose of providing surgical services to patients not requiring hospitalization and for which the expected duration of services would not exceed 24 hours following an admission. The term does not include:

(A) a facility that is licensed as part of a hospital; or

(B) a facility that is used exclusively as an office or clinic for the private practice of one or more licensed health care professionals, unless one or more of the following descriptions apply:

(i) the facility holds itself out to the public or to other health care providers as an ambulatory surgical center, surgical center, surgery center, surgicenter, or similar facility using a similar name or a variation thereof;

(ii) procedures are carried out at the facility using general anesthesia, except as used in oral or maxillofacial surgery or as used by a dentist with a general anesthesia endorsement from the Board of Dental Examiners; or

(iii) patients are charged a fee for the use of the facility in addition to the fee for the professional services of one or more of the health care professionals practicing at that facility.

(2) “Health care professional” means:

(A) a physician licensed pursuant to 26 V.S.A. chapter 23 or 33;

(B) an advanced practice registered nurse licensed pursuant to 26 V.S.A. chapter 28;

(C) a physician assistant licensed pursuant to 26 V.S.A. chapter 31;

(D) a podiatrist licensed pursuant to 26 V.S.A. chapter 7; or

(E) a dentist licensed pursuant to 26 V.S.A. chapter 12.

(3) “Patient” means a person admitted to or receiving health care services from an ambulatory surgical center.
18 V.S.A. § 1248 — VT Code / Title 18 / Chapter 24A / Section 1248
§ 1248. Enforcement; penalties
Status: in_force

In addition to any other authority provided by law, the Commissioner of Health or a hearing officer designated by the Commissioner may, after notice and an opportunity for hearing, impose an administrative penalty of up to $500.00 for a violation of the requirements of this chapter. The hearing before the Commissioner shall be a contested case subject to the provisions of 3 V.S.A. chapter 25.
18 V.S.A. § 5372 — VT Code / Title 18 / Chapter 121 / Section 5372
§ 5372. Appropriation for cemetery associations
Status: in_force

At a legal meeting of the voters thereof, when an article for such purpose has been duly inserted in the warning for such meeting, a town may appropriate such sums of money as it deems necessary for an incorporated cemetery association owning or in control of a cemetery in such town, for the purposes of such cemetery.
18 V.S.A. § 5075 — VT Code / Title 18 / Chapter 103 / Section 5075
§ 5075. Issuance of amended or delayed birth certificate
Status: repealed

(a) Except as otherwise provided in subdivision 5073(a)(2) of this title, after six months from the date of birth, any alteration of the birth certificate of a person born in this State shall be deemed an amendment. Upon application by the registrant, his or her parent or guardian, the hospital in which the birth occurred, or the certifying attendant, setting forth the amendment desired and the reason for it, the State Registrar may amend the birth certificate if the application and relevant evidence, if any, show that the amendment is warranted.

(b) A person born in this State for whom no certificate of birth was filed during the first year following birth, or his or her parent or guardian, may apply to the State Registrar to determine the facts with respect to the birth and to issue a delayed certificate of birth.

(c) If the State Registrar denies an application under this section, the applicant may petition the Probate Division of the Superior Court, which shall review the application and relevant evidence de novo to determine if the amendment or issuance of a delayed certificate is warranted. The court shall transmit a decree ordering an amendment or issuance of a delayed certificate to the State Registrar, who shall amend or issue the certificate in accordance with the decree.

(d) The State Registrar shall make any amendment and register any delayed certificate in the Statewide Registration System. Any amended birth certificate issued from the System shall indicate the word “Amended” and the date of amendment, and any delayed certificate issued from the System shall indicate the word “Delayed” and the date of registration. The State Registrar shall record and maintain in the System the identity of the person requesting the amendment or delayed certificate, the nature and content of the change made in the System, the person who made the amendment or registered the delayed certificate in the System, and the date of the amendment or registration.

(e) [Repealed.]
18 V.S.A. § 5250l — VT Code / Title 18 / Chapter 110 / Section 5250l
§ 5250l. Search and notification
Status: in_force

(a) The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal:

(1) a law enforcement officer, firefighter, paramedic, or other emergency rescuer finding the individual; and

(2) if no other source of the information is immediately available, a hospital, as soon as practical after the individual's arrival at the hospital.

(b) If a document of gift or a refusal to make an anatomical gift is located by the search required by subdivision (a)(1) of this section and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or refusal to the hospital.

(c) A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this section but may be subject to administrative sanctions.
18 V.S.A. § 4652 — VT Code / Title 18 / Chapter 91 / Section 4652
§ 4652. Monitoring for anticompetitive behavior
Status: in_force

The Agency of Human Services shall consult with the Office of the Attorney General to identify the potential, and to monitor, for anticompetitive behavior in industries that would be affected by a wholesale prescription drug importation program.
18 V.S.A. § 4468 — VT Code / Title 18 / Chapter 85 / Section 4468
§ 4468. Educational materials
Status: in_force

(a) The Department of Health, in collaboration with the Department of Public Safety's Division of Fire Safety, shall prepare a packet of information pertaining to the health, safety, and financial obligations of short-term rental operators, including information regarding the importance of reviewing options for property and liability insurance with the operator's insurance company.

(b) Included with the information packet set forth in subsection (a) of this section shall be a self-certification form pertaining to health and safety precautions that short-term rental operators must take into consideration prior to renting a unit. The form shall be retained by the operator and need not be filed with the Department.
18 V.S.A. § 1511 — VT Code / Title 18 / Chapter 29 / Section 1511
§ 1511. Phthalates
Status: in_force

(a) As used in this section:

(1) “Child care article” means any product designed or intended by the manufacturer to facilitate sleep, relaxation, or the feeding of children, or to help children with sucking or teething.

(2) “Phthalate” means any one of a group of chemicals used as plasticizers to provide flexibility and durability to plastics such as polyvinyl chloride (PVC).

(3) “Toy” means any product designed or intended by the manufacturer to be used by children when they play.

(b) Beginning July 1, 2009, no person or entity shall manufacture, sell, or distribute in commerce any toy or child care article intended for use by a child under three years of age if that product contains di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), or benzyl butyl phthalate (BBP), in concentrations exceeding 0.1 percent.

(c) Beginning July 1, 2009, no person or entity shall manufacture, sell, or distribute in commerce any toy or child care article intended for use by a child under three years of age if that product can be placed in the child's mouth and contains diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-octyl phthalate (DnOP), in concentrations exceeding 0.1 percent.

(d) Manufacturers shall use the least toxic alternative when replacing phthalates in accordance with this section.

(e) Manufacturers shall not replace phthalates, pursuant to this section, with carcinogens rated by the U.S. Environmental Protection Agency (EPA) as A, B, or C carcinogens or substances listed on the EPA's “List of Chemicals Evaluated for Carcinogenic Potential” as known or likely carcinogens, known to be human carcinogens, likely to be human carcinogens, or suggestive of being carcinogens.

(f) Manufacturers shall not replace phthalates, pursuant to this section, with reproductive toxicants that the EPA has identified as causing birth defects, reproductive harm, or developmental harm.

(g) A violation of this section shall be deemed a violation of the Consumer Protection Act, 9 V.S.A. chapter 63. The Attorney General has the same authority to make rules, conduct civil investigations, enter into assurances of discontinuance, and bring civil actions, and private parties have the same rights and remedies as provided under 9 V.S.A. chapter 63, subchapter 1.

(h) Nothing in this section shall be construed to regulate firearms; ammunition or components thereof; pellets from air rifles; shooting ranges or circumstances resulting from shooting, handling, storing, casting, or reloading ammunition; or hunting or fishing equipment or components thereof.
18 V.S.A. § 7114 — VT Code / Title 18 / Chapter 171 / Section 7114
§ 7114. Safety policies for employees delivering direct social or mental health services
Status: in_force

(a) The Secretary of Human Services, in consultation with each department of the Agency, shall establish and maintain a workplace violence prevention and crisis response policy for the benefit of employees delivering direct social or mental health services pursuant to 33 V.S.A. § 8201.

(b) The Secretary shall ensure that the Agency's contracts with providers described in 33 V.S.A. § 8201(a)(2) require the providers to establish and maintain a written workplace violence prevention and crisis response policy for the benefit of employees delivering direct social or mental health services pursuant to 33 V.S.A. § 8201.
18 V.S.A. § 1674 — VT Code / Title 18 / Chapter 33A / Section 1674
§ 1674. Rulemaking [Repealed effective January 1, 2026]
Status: in_force

Pursuant to 3 V.S.A. chapter 25, the Commissioner of Health shall adopt any rules necessary for the implementation, administration, and enforcement of this chapter.
18 V.S.A. § 9380 — VT Code / Title 18 / Chapter 220 / Section 9380
§ 9380. Rules
Status: in_force

The Board may adopt rules pursuant to 3 V.S.A. chapter 25 as needed to carry out the provisions of this chapter.
18 V.S.A. § 7623 — VT Code / Title 18 / Chapter 181 / Section 7623
§ 7623. Orders; custody
Status: in_force

All court orders of hospitalization, nonhospitalization, and continued treatment shall be directed to the Commissioner and shall admit the patient to his or her care and custody for the period specified.
18 V.S.A. § 1778 — VT Code / Title 18 / Chapter 38A / Section 1778
§ 1778. Confidentiality
Status: in_force

Information submitted to or acquired by the Department or the Chemicals of High Concern to Children Working Group under this chapter may be subject to public inspection or copying or may be published on the Department website, provided that trade secret information and confidential business information shall be exempt from public inspection and copying under 1 V.S.A. § 317(c)(9), and information otherwise designated confidential by law shall be exempt from public inspection and copying under 1 V.S.A. § 317(c)(1). It shall be the burden of the manufacturer to assert that information submitted under this chapter is a trade secret, confidential business information, or is otherwise designated confidential by law. When a manufacturer asserts under this section that the specific identity of a chemical of high concern to children in a children's product is a trade secret, the Commissioner shall, in place of the specific chemical identity, post on the Department's website the generic class or category of the chemical in the children's product and the potential health effect of the specific chemical of high concern to children.
18 V.S.A. § 4656 — VT Code / Title 18 / Chapter 91 / Section 4656
§ 4656. Annual reporting
Status: in_force

(a) Annually on or before January 15, the Agency of Human Services shall report to the House Committees on Health Care and on Ways and Means and the Senate Committees on Health and Welfare and on Finance regarding the operation of the wholesale prescription drug importation program during the previous calendar year, including:

(1) which prescription drugs were included in the wholesale importation program;

(2) the number of participating pharmacies, health care providers, and health insurance plans;

(3) the number of prescriptions dispensed through the program;

(4) the estimated savings to consumers, health plans, employers, and the State during the previous calendar year and to date;

(5) information regarding implementation of the audit plan and audit findings; and

(6) any other information the Secretary of Human Services deems relevant.

(b) The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this section.
18 V.S.A. § 2 — VT Code / Title 18 / Chapter 1 / Section 2
§ 2. Definitions
Status: repealed

The following words and phrases, as used in this title, will have the following meanings unless the context otherwise requires:

(1) “Department” means the Department of Health.

(2) [Repealed.]

(3) “Commissioner” means the Commissioner of Health or the Commissioner's designee.

(4) “Health officer” means the Commissioner of Health, the Commissioner's designee, or a local or district health officer.

(5) “Local board of health” means the local health officer, with the selectboard of the town or city council of a city.

(6) “Palliative care” means interdisciplinary care given to improve the quality of life of patients and their families facing the problems associated with a serious medical condition. Palliative care through the continuum of illness involves addressing physical, cognitive, emotional, psychological, and spiritual needs and facilitating patient autonomy, access to information, and choice.

(7) “Permit” means any permit or license issued pursuant to this title.

(8) “Person” means any individual, company, corporation, association, partnership, the U.S. government or any department or agency thereof, and the State of Vermont or any department, agency, subdivision, or municipality thereof.

(9) “Public health hazard” means the potential harm to the public health by virtue of any condition or any biological, chemical, or physical agent. In determining whether a health hazard is public or private, the Commissioner shall consider at least the following factors:

(A) the number of persons at risk;

(B) the characteristics of the person or persons at risk;

(C) the characteristics of the condition or agent which is the source of potential harm;

(D) the availability of private remedies;

(E) the geographical area and characteristics thereof where the condition or agent which is the source of the potential harm or the receptors exist; and

(F) Department policy as established by rule or agency procedure.

(10) “Public health risk” means the probability of experiencing a public health hazard.

(11) “Selectboard,” in the context of this title, includes trustees of an incorporated village, or a city council when appropriate.

(12) “Significant public health risk” means a public health risk of such magnitude that the Commissioner or a local health officer has reason to believe that it must be mitigated. The magnitude of the risk is a factor of the characteristics of the public health hazard and the degree and the circumstances of exposure to such public health hazard.
18 V.S.A. § 1041 — VT Code / Title 18 / Chapter 21 / Section 1041
§ 1041. Reports by physicians and certain others
Status: in_force

A physician who is consulted by a person infected with tuberculosis in any form shall submit the name and address of such person to the Commissioner upon such forms as he or she may furnish, with such other facts as may be required, within one week after such consultation.
18 V.S.A. § 9707 — VT Code / Title 18 / Chapter 231 / Section 9707
§ 9707. Authority and obligations of health care providers, health care facilities, and residential care facilities regarding health care instructions
Status: in_force

(a) A health care provider, health care facility, and residential care facility shall not provide health care to a patient without capacity, except on an emergency basis, without first attempting to determine whether the patient has an advance directive in effect.

(b) A health care provider, health care facility, and residential care facility having knowledge that a principal's advance directive is in effect shall follow the instructions of the person, whether agent or guardian, who has the authority to make health care decisions for the principal, or the instructions contained in the advance directive, unless:

(1) the instruction is clearly inconsistent with the advance directive or this chapter, and:

(A) the agent has failed to substantiate that the decision is proper under subsection 9711(d) of this title; or

(B) the guardian has not obtained an order from the Probate Division of the Superior Court authorizing the instruction;

(2) the instruction would cause the provider to violate any criminal law or the standards of professional conduct required by a professional licensing Board or Agency, in which case the provider shall make reasonable efforts to notify the principal, if possible, and any agent and guardian that the provider cannot follow the instruction; or

(3) because of a moral, ethical, or other conflict with an instruction in the advance directive or given by the agent or guardian, a principal's provider, or an employee thereof is unwilling to follow that instruction, in which case the provider shall promptly:

(A) inform the principal, if possible, and any appointed agent and guardian of the conflict;

(B) assist the principal, agent, or guardian in the transfer of care to another provider or employee who is willing to honor the instruction;

(C) provide ongoing health care until a new provider or employee has been found to provide the services; and

(D) document in the principal's medical record the conflict, the steps taken to resolve the conflict, and the resolution of the conflict.

(c) A health care provider, health care facility, or residential care facility which refuses pursuant to subdivision (b)(1) or (2) of this section to follow the instructions of the agent or the guardian or the instructions contained in the advance directive shall:

(1) inform the principal, if possible, and any agent, guardian, or other person making health care decisions for the person of the reasons for the refusal;

(2) document in the principal's medical record the refusal, the reasons for the refusal, who was notified of the refusal, and any other steps taken to resolve the refusal.

(d) An employee with a conflict under subdivision (b)(3) of this section shall be required only to inform the employee's employer. The employer shall be responsible for otherwise complying with the requirements of that subdivision.

(e) Unless otherwise required by the advance directive, in those circumstances where there is more than one adult identified as the agent, the principal's clinician, health care provider, or residential care provider may rely on the decision of one of the identified agents as long as the clinician or provider documents in the principal's medical record that the agent confirms that:

(1) all agents agree on the pending health care decision;

(2) all agents agree that this agent can make any pending health care decisions; or

(3) the other agent or agents are not reasonably available.

(f) The health care provider shall make reasonable efforts to inform the principal of any proposed health care or of any proposal to withhold or withdraw health care.

(g)(1) Health care shall not be given to or withheld from a principal over the principal's objection unless:

(A)(i) the principal's advance directive contains a provision, executed in compliance with subsection (h) of this section, which permits the agent to authorize or withhold health care over the principal's objection in the event the principal lacks capacity; and

(ii) the agent authorizes providing or withholding the health care; or

(B) the principal lacks capacity, will suffer serious and irreversible bodily injury or death if the health care cannot be provided within 24 hours, and:

(i) the principal does not have an agent or an applicable provision in an advance directive, or the agent is not reasonably available; or

(ii) the agent or advance directive authorizes providing or withholding the health care.

(2) The health care provider shall notify the agent or guardian if a principal requests or declines health care which the agent appears to have the authority to authorize or withhold under the principal's advance directive.

(h)(1) An advance directive executed in accordance with section 9703 of this title may contain a provision permitting the agent, in the event that the principal lacks capacity, to authorize or withhold health care over the principal's objection. In order to be valid, the provision shall comply with the following requirements:

(A) An agent shall be named in the provision.

(B) The agent shall accept in writing the responsibility of authorizing or withholding health care over the principal's objection in the event the principal lacks capacity.

(C) A clinician for the principal shall sign the provision and affirm that the principal appeared to understand the benefits, risks, and alternatives to the health care being authorized or rejected by the principal in the provision.

(D)(i) An ombudsman, a mental health patient representative, attorney licensed to practice law in this State, or the Probate Division of the Superior Court designee shall sign a statement affirming that the individual has explained the nature and effect of the provision to the principal, and that the principal appeared to understand the explanation and be free from duress or undue influence.

(ii) If the principal is a patient in a hospital when the provision is executed, the ombudsman, mental health patient representative, attorney, or Probate Division of the Superior Court designee shall be independent of the hospital and not an interested individual.

(E) The provision shall specify the treatments to which it applies and shall include an explicit statement that the principal desires or does not desire the proposed treatments even over the principal's objection at the time treatment is being offered or withheld. The provision may include a statement expressly granting to the health care agent the authority to consent to the principal's voluntary hospitalization.

(F) The provision shall include an acknowledgment that the principal is knowingly and voluntarily waiving the right to refuse or receive treatment at a time of incapacity, and that the principal understands that a clinician will determine capacity.

(2) A provision executed in compliance with subdivision (1) of this subsection shall be effective when the principal's clinician and a second clinician have determined pursuant to subdivision 9706(a)(1) of this title that the principal lacks capacity.

(3) If an advance directive contains a provision executed in compliance with this section:

(A) The agent may, in the event the principal lacks capacity, make health care decisions over the principal's objection, provided that the decisions are made in compliance with subsection 9711(d) of this title.

(B) A clinician shall follow instructions of the agent authorizing or withholding health care over the principal's objection.

(4)(A) The first time a principal executes a provision under this subsection (h):

(i) the principal's clinician shall be physically present in the same location as the principal to assess the principal's understanding of the benefits, risks, and alternatives to the health care being authorized or rejected in the provision in accordance with subdivision (1)(C) of this subsection (h); and

(ii) the individual explaining the nature and effect of the provision in accordance with subdivision (1)(D) of this subsection (h) shall be physically present in the same location as the principal at the time of the explanation.

(B) If a principal later amends a provision executed under this subsection (h) by executing a new advance directive pursuant to section 9703 of this title that includes a provision permitting the agent to authorize or withhold health care over the principal's objection pursuant to this subsection (h), or the principal executes a new advance directive that maintains a provision previously executed under this subsection (h):

(i) the clinician may be physically present in the same location as the principal to assess the principal's understanding of the benefits, risks, and alternatives to the health care being authorized or rejected in the provision in accordance with subdivision (1)(C) of this subsection (h) or may assess the principal's understanding based on the clinician's interactions with the principal through a live, interactive, audio-video connection; and

(ii) the individual explaining the nature and effect of the provision in accordance with subdivision (1)(D) of this subsection (h) may be physically present in the same location as the principal at the time of the explanation or may deliver the explanation to the principal through a live, interactive, audio-video connection.

(C) The clinician and the individual providing the explanation do not need to be physically present at the same time as one another or otherwise coordinate the timing or performance of their respective duties under subdivisions (1)(C) and (D) of this subsection (h).

(5) The agent who is permitted to authorize or withhold health care over the principal's objection pursuant to this subsection does not need to be physically present for any portion of the principal's execution of that provision or of the advance directive.

(6) The principal, the agent, the clinician, and the individual who explained the provision under subdivision (1)(D) of this subsection (h), or any one or more of them, may sign the provision, acceptance, or explanation affirmation statement, as applicable, using a digital signature.
18 V.S.A. § 7304 — VT Code / Title 18 / Chapter 175 / Section 7304
§ 7304. Persons not hospitalized
Status: in_force

The Board shall have general jurisdiction of persons with an intellectual disability or mental illness who have been discharged from a hospital by authority of the Board. It shall also have jurisdiction of persons with a mental illness or intellectual disability of the State not hospitalized, so far as concerns their physical and mental condition and their care, management, and medical treatment, and shall make such orders as each case duly brought to its attention requires.
18 V.S.A. § 2352 — VT Code / Title 18 / Chapter 53 / Section 2352
§ 2352. License; prohibitions [Effective January 1, 2027 or on effective date of rules]
Status: in_force

(a) No person shall establish, maintain, or operate a birth center in this State without first obtaining a license for the birth center in accordance with this chapter.

(b) A birth center may be independently owned and operated by a licensed maternity care provider or any other person who complies with the requirements of this chapter.

(c) A birth center shall not offer or provide epidural anesthesia or a cesarean delivery.

(d) No person shall represent itself as a “birth center” or use the term “birth center” in its title or in its advertising, publications, or other form of communication unless the person has been licensed as a birth center in accordance with the provisions of this chapter.

(e) A license is not transferable or assignable and shall be issued only for the premises and persons named in the application.
18 V.S.A. § 9432 — VT Code / Title 18 / Chapter 221 / Section 9432
§ 9432. Definitions
Status: in_force

As used in this subchapter:

(1) “Ambulatory surgical center” means a facility or portion of a facility that provides surgical care not requiring an overnight stay. The office of a dentist in which activities are limited to dentistry and oral or maxillofacial surgical procedures shall not be deemed an ambulatory surgical center for purposes of this subchapter. In order to be considered an ambulatory surgical center, a facility shall meet all the following criteria:

(A) charge, or intend to charge, a facility fee in addition to professional fees for the services performed;

(B) have an operating room or recovery room in the facility;

(C) use an anesthesiologist or nurse anesthetist;

(D) provide one or more outpatient services for which Medicare coverage is provided.

(2) “Annual operating expense” means that expense that, by generally accepted accounting principles, is incurred by a new health care service during the first fiscal year in which the service is in full operation after completion of the project.

(3) “Applicant” means a person who has submitted an application or proposal requesting issuance of a certificate of need.

(4) “Bed capacity” means the number of licensed beds operated by the facility under its most current license under chapter 43 of this title and of facilities under 33 V.S.A. chapter 71.

(5) “Capital expenditure” means an expenditure for the plant or equipment that is not properly chargeable as an expense of operation and maintenance and includes acquisition by purchase, donation, leasehold expenditure, or lease that is treated as capital expense in accordance to the accounting standards established for lease expenditures by the Financial Accounting Standards Board, calculated over the length of the lease for plant or equipment, and includes assets having an expected life of at least three years. A capital expenditure includes the cost of studies, surveys, designs, plans, working drawings, specifications, and other activities essential to the acquisition, improvement, expansion, or replacement of the plant and equipment.

(6) “Construction” means actual commencement of any construction or fabrication of any new building, or addition to any existing facility, or any expenditure relating to the alteration, remodeling, renovation, modernization, improvement, relocation, repair, or replacement of a health care facility, including expenditures necessary for compliance with life and health safety codes.

(7) “To develop,” when used in connection with health services, means to undertake activities that on their completion will result in the offer of a new health care project, or the incurring of a financial obligation in relation to the offering of a service.

(8) “Health care facility” means all persons or institutions, including mobile facilities, whether public or private, proprietary or not for profit, that offer diagnosis, treatment, inpatient, or ambulatory care to two or more unrelated persons, and the buildings in which those services are offered. The term shall not apply to any institution operated by religious groups relying solely on spiritual means through prayer for healing, but shall include:

(A) hospitals, including general hospitals, mental hospitals, chronic disease facilities, birthing centers, maternity hospitals, and psychiatric facilities including any hospital conducted, maintained, or operated by the State of Vermont, or its subdivisions, or a duly authorized agency thereof;

(B) nursing homes, health maintenance organizations, home health agencies, outpatient diagnostic or therapy programs, kidney disease treatment centers, mental health agencies or centers, diagnostic imaging facilities, independent diagnostic laboratories, cardiac catheterization laboratories, radiation therapy facilities, or any inpatient or ambulatory surgical, diagnostic, or treatment center.

(9) “Health care provider” means a person, partnership, corporation, facility, or institution, licensed or certified or authorized by law to provide professional health care service in this State to an individual during that individual's medical care, treatment, or confinement.

(10) “Health services” mean activities and functions of a health care facility that are directly related to care, treatment, or diagnosis of patients.

(11) “Material change” means a change to a health care project for which a certificate of need has been issued that:

(A) constitutes a new health care project as defined in section 9434 of this title; or

(B) increases the total costs of the project by more than 10 percent of the approved amount.

(12) “Nonmaterial change” means a modification that does not meet the cost threshold of a material change as defined in subdivision (11) of this section, but otherwise modifies the kind, scope, or capacity of a project for which a certificate of need has been granted under this subchapter.

(13) “Obligation” means an obligation for a capital expenditure which is deemed to have been incurred by or on behalf of a health care facility or health maintenance organization.

(14) “To offer,” when used in connection with health services, means that a health care provider holds itself out as capable of providing, or as having the means for the provision of, specified health services.
18 V.S.A. § 1010 — VT Code / Title 18 / Chapter 21 / Section 1010
§ 1010. Ophthalmia neonatorum
Status: in_force

The Department and the Secretary of Human Services may make such rules as they deem necessary for the prevention of blindness caused by the disease known as ophthalmia neonatorum, and they may furnish, at the expense of the State, such prophylactic outfits as are necessary for the use of physicians.
18 V.S.A. § 5437 — VT Code / Title 18 / Chapter 121 / Section 5437
§ 5437. Investment
Status: in_force

A cemetery association shall invest trust funds in the same manner as town cemeteries pursuant to section 5384 of this title and may delegate the management and investment of cemetery association funds pursuant to subdivision (b)(3) of that section.
18 V.S.A. § 4230 — VT Code / Title 18 / Chapter 84 / Section 4230
§ 4230. Cannabis
Status: in_force

(a) Possession and cultivation.

(1) No person shall knowingly and unlawfully possess more than one ounce of cannabis or more than five grams of hashish or cultivate more than two mature cannabis plants or four immature cannabis plants. A person who violates this subdivision shall be assessed a civil penalty as follows:

(A) not more than $100.00 for a first offense;

(B) not more than $200.00 for a second offense; and

(C) not more than $500.00 for a third or subsequent offense.

(2)(A) No person shall knowingly and unlawfully possess two ounces or more of cannabis or ten grams or more of hashish or more than three mature cannabis plants or six immature cannabis plants. For a first offense under this subdivision (2), a person shall be provided the opportunity to participate in the Court Diversion Program unless the prosecutor states on the record why a referral to the Court Diversion Program would not serve the ends of justice. A person convicted of a first offense under this subdivision shall be imprisoned not more than six months or fined not more than $500.00, or both.

(B) A person convicted of a second or subsequent offense of violating subdivision (A) of this subdivision (2) shall be imprisoned not more than two years or fined not more than $2,000.00, or both.

(C) Upon an adjudication of guilt for a first or second offense under this subdivision, the court may defer sentencing as provided in 13 V.S.A. § 7041, except that the court may in its discretion defer sentence without the filing of a presentence investigation report and except that sentence may be imposed at any time within two years from and after the date of entry of deferment. The court may, prior to sentencing, order that the defendant submit to a drug assessment screening, which may be considered at sentencing in the same manner as a presentence report.

(3) A person knowingly and unlawfully possessing eight ounces of cannabis or 1.4 ounces of hashish or knowingly and unlawfully cultivating more than four mature cannabis plants or eight immature cannabis plants shall be imprisoned not more than three years or fined not more than $10,000.00, or both.

(4) A person knowingly and unlawfully possessing more than one pound of cannabis or more than 2.8 ounces of hashish or knowingly and unlawfully cultivating more than six mature cannabis plants or 12 immature cannabis plants shall be imprisoned not more than five years or fined not more than $10,000.00, or both.

(5) A person knowingly and unlawfully possessing more than 10 pounds of cannabis or more than one pound of hashish or knowingly and unlawfully cultivating more than 12 mature cannabis plants or 24 immature cannabis plants shall be imprisoned not more than 15 years or fined not more than $500,000.00, or both.

(6) If a court fails to provide the defendant with notice of collateral consequences in accordance with 13 V.S.A. § 8005(b) and the defendant later at any time shows that the plea and conviction for a violation of this subsection may have or has had a negative consequence, the court, upon the defendant's motion, shall vacate the judgment and permit the defendant to withdraw the plea or admission and enter a plea of not guilty. Failure of the court to advise the defendant of a particular collateral consequence shall not support a motion to vacate.

(7) The amounts of cannabis in this subsection shall not include cannabis cultivated, harvested, and stored in accordance with section 4230e of this title.

(b) Selling or dispensing.

(1) A person knowingly and unlawfully selling cannabis or hashish shall be imprisoned not more than two years or fined not more than $10,000.00, or both.

(2) A person knowingly and unlawfully selling or dispensing more than one ounce of cannabis or five grams or more of hashish shall be imprisoned not more than five years or fined not more than $100,000.00, or both.

(3) A person knowingly and unlawfully selling or dispensing one pound or more of cannabis or 2.8 ounces or more of hashish shall be imprisoned not more than 15 years or fined not more than $500,000.00, or both.

(4) A person 21 years of age or older may dispense one ounce or less of cannabis or five grams or less of hashish to another person who is 21 years of age or older, provided that the dispensing is not advertised or promoted to the public.

(c) Trafficking. A person knowingly and unlawfully possessing 50 pounds or more of cannabis or five pounds or more of hashish with the intent to sell or dispense the cannabis or hashish shall be imprisoned not more than 30 years or fined not more than $1,000,000.00, or both. There shall be a permissive inference that a person who possesses 50 pounds or more of cannabis or five pounds or more of hashish intends to sell or dispense the cannabis or hashish.

(d) Cannabis-infused products. Only the portion of a cannabis-infused product that is attributable to cannabis shall count toward the possession limits of this section. The weight of cannabis that is attributable to cannabis-infused products shall be determined according to methods set forth in rule by the Cannabis Control Board.
18 V.S.A. § 7503 — VT Code / Title 18 / Chapter 179 / Section 7503
§ 7503. Application for voluntary admission
Status: in_force

(a) Any person 14 years of age or over may apply for voluntary admission to a designated hospital or psychiatric residential treatment facility for youth for examination and treatment.

(b) Before the person may be admitted as a voluntary patient, the person shall give consent in writing on a form adopted by the Department. The consent shall include a representation that:

(1) the person understands that treatment will involve inpatient status or residence at a psychiatric residential treatment facility for youth;

(2) the person desires to be admitted to a hospital or a psychiatric residential treatment facility for youth, respectively;

(3) the person consents to admission voluntarily, without any coercion or duress; and

(4) the person understands that inpatient treatment or residence at a psychiatric residential treatment facility for youth may be on a locked unit, and a requested discharge may be deferred if the treating physician determines that the person is a person in need of treatment pursuant to section 7101 of this title.

(c) If the person is under 14 years of age, the person may be admitted as a voluntary patient if the person consents to admission, as provided in subsection (b) of this section, and if a parent or guardian makes written application.
18 V.S.A. § 5083 — VT Code / Title 18 / Chapter 103 / Section 5083
§ 5083. Participants in address confidentiality program
Status: repealed

(a) If a participant in the program described in 15 V.S.A. chapter 21, subchapter 3 who is the parent of a child born during the period of program participation notifies the physician or midwife who delivers the child, or the hospital at which the child is delivered, not later than 10 days after the birth of the child, that the participant's confidential address should not appear on the child's birth certificate, then the address shall not be maintained in the Statewide Registration System and the State Registrar, town clerks, and any other issuing agent shall ensure the confidentiality of the address during the period of program participation in accordance with measures prescribed by the State Registrar. A participant who fails to provide such notice shall be deemed to have waived the provisions of this section.

(b) The State Registrar shall notify the Secretary of State that a program participant has given notice under this section.

(c) The State Registrar shall maintain a confidential record of the parent's actual mailing address and town of residence, which shall be exempt from public inspection and copying under the Public Records Act.

(d) Upon the expiration, withdrawal, invalidation, or cancellation of program participation of any parent of whom the Secretary of State received notice from the State Registrar, the Secretary of State shall notify the State Registrar.

(e) Upon notice of the expiration, withdrawal, invalidation, or cancellation of program participation, the State Registrar shall update the Statewide Registration System and take such other steps as may be necessary to ensure that the actual mailing address and town of residence on the birth certificate are available for public inspection and copying in accordance with section 5016 of this title.

(f) [Repealed.]
18 V.S.A. § 7703 — VT Code / Title 18 / Chapter 183 / Section 7703
§ 7703. Treatment
Status: in_force

(a) Outpatient treatment or partial hospitalization shall be preferred to inpatient treatment. Emergency involuntary treatment shall be undertaken only when clearly necessary. Involuntary treatment shall be utilized only if voluntary treatment is not possible.

(b) The Department shall establish minimum standards for adequate treatment as provided in this section, including requirements that, when possible, psychiatric unit staff be used as the primary source to implement emergency involuntary procedures such as seclusion and restraint. The Department shall oversee and collect information and report on data regarding the use of emergency involuntary procedures for patients admitted to a psychiatric unit, a secure residential recovery facility, or a psychiatric residential treatment facility for youth, regardless of whether the patient is under the care and custody of the Commissioner.
18 V.S.A. § 9503 — VT Code / Title 18 / Chapter 225 / Section 9503
§ 9503. Vermont tobacco prevention and treatment
Status: repealed

(a) Except as otherwise specifically provided, the tobacco prevention and treatment program shall be administered and coordinated statewide by the Department of Health, pursuant to the provisions of this chapter. The program shall be comprehensive and research-based.

(b) The Department shall establish goals for reducing adult and youth smoking rates, including performance measures for each goal in conjunction with the Substance Misuse Prevention Oversight and Advisory Council established pursuant to section 4803 of this title. The services provided by a quitline approved by the Department of Health shall be offered and made available to any minor, upon his or her consent, who is a smoker or user of tobacco products as defined in 7 V.S.A. § 1001.

(c) The Department of Liquor and Lottery shall administer the component of the program that relates to enforcement activities.

(d) The Agency of Education shall administer school-based programs.

(e) The Department shall pay all fees and costs of the surveillance and evaluation activities, including the costs associated with hiring a contractor to conduct an independent evaluation of the program.

(f) [Repealed.]
18 V.S.A. § 9462 — VT Code / Title 18 / Chapter 221 / Section 9462
§ 9462. Quality improvement projects
Status: in_force

The Green Mountain Care Board shall consider the results of any quality improvement projects not otherwise confidential or privileged undertaken by managed care organizations for mental health and substance abuse care and treatment pursuant to subsection 9414(i) of this title.
18 V.S.A. § 9310 — VT Code / Title 18 / Chapter 215 / Section 9310
§ 9310. Powers of Commissioner as guardian
Status: in_force

(a) The court may appoint the Commissioner guardian of the respondent if it determines that a guardian is needed to supervise and protect the respondent through the exercise of any or all of the following powers:

(1) The power to exercise general supervision over the respondent. This includes choosing or changing the residence, care, habilitation, education, and employment of the respondent and the power to approve or withhold approval of the sale or encumbrance of real property of the respondent;

(2) The power to approve or withhold approval of any contract, by or in the name of the respondent;

(3) The power to obtain legal advice and to commence or defend against judicial actions in the name of the respondent;

(4) The power to seek, obtain, and give consent to initiation and continuation of medical and dental treatment that best promotes the health, comfort, and well-being of the respondent, or to withhold consent for initiation or continuation of treatment that does not promote the health or well-being of the respondent. In exercising this power, the Commissioner shall be guided by the wishes and preferences of the individual. Any decision to withhold or abate medical treatment for an irreversible or terminal condition shall be reviewed by the Department's ethics committee. Nothing in this chapter shall be interpreted as giving the Commissioner authority to consent to sterilization, lobotomy, involuntary administration of psychotropic medications, surgery of the brain for the purpose of modifying behavior, or electroconvulsive therapy for the respondent.

(b) Nothing in this chapter shall give the Commissioner authority to place a person with developmental disabilities in a State hospital except pursuant to chapter 181 of this title.

(c) The Commissioner shall exercise his or her supervisory authority over the respondent in a manner that is least restrictive of the person's personal freedom consistent with the respondent's need for supervision and protection.
18 V.S.A. § 9604 — VT Code / Title 18 / Chapter 229 / Section 9604
§ 9604. Duties of State agencies
Status: in_force

(a) It is the intent of the General Assembly that State agencies shall seek input from the Office of the Health Care Advocate when developing or revising significant matters of State policy affecting health care access and affordability in order to ensure that Vermonters' perspectives are heard and considered through the voice of their independent advocate.

(b) State agencies shall facilitate the Office's meaningful participation in health care policymaking by complying with reasonable requests from the Office for information, assistance, and access. A request shall be considered reasonable if it relates to the Office's statutory duties and authority.

(1) When appropriate, State agencies shall allow the Office to access confidential or proprietary information that is otherwise exempt from public inspection and copying under the Public Records Act and to participate in meetings, deliberations, and proceedings in which confidential or proprietary information is discussed; provided, however, that nothing in this section shall require a State agency to provide or disclose information that is prohibited from disclosure by State or federal law or that would cause the provider or discloser to violate any statutory or common law privilege.

(2) The Office shall not further disclose any confidential or proprietary information provided to the Office.

(c) The Agency of Human Services may adopt rules necessary to ensure the cooperation of State agencies under this section.
18 V.S.A. § 5227 — VT Code / Title 18 / Chapter 107 / Section 5227
§ 5227. Right to disposition
Status: in_force

(a) If there is no written directive of the decedent, in the following order of priority, one or more competent adults shall have the right to determine the disposition of the remains of a decedent, including the location, manner, and conditions of disposition and arrangements for funeral goods and services:

(1) an individual appointed to arrange for the disposition of decedent's remains pursuant to chapter 231 (advance directives) of this title;

(2) a surviving spouse of the decedent;

(3) a sole surviving child of the decedent or a majority of the surviving children, except as provided for in subdivision (b)(1) of this section, provided that if the child is a minor, his or her interest may only be effected by a legal guardian appointed by the Probate Division of the Superior Court;

(4) in the case of a minor or a disabled adult, the custodial parent or the parent who had been providing the primary physical care of the decedent or, if not applicable, a sole surviving parent, or both parents, of the decedent, or either parent as provided for in subdivision (b)(2) of this section;

(5) a sole surviving sibling of the decedent or a majority of the surviving siblings, except as provided for in subdivision (b)(3) of this section;

(6) any other family member, in descending order of kinship under the laws of descent and distribution, except that if there is more than one family member of the same degree of relation, a majority of family members of that degree, except as provided in subdivision (b)(4) of this section, may exercise the right of disposition;

(7) a guardian of the decedent at the time of death;

(8) any other individual willing to assume the responsibilities to act and arrange the final disposition of the decedent's remains, including the representative of the decedent's estate, after attesting in writing that a good faith but unsuccessful effort has been made to contact the individuals described in subdivisions (1) through (7) of this subsection or that those individuals have waived any interest in exercising their rights under this subchapter;

(9) the funeral director or disposition facility operator with custody of the body, after attesting in writing that a good faith effort has been made to contact the individuals described in subdivisions (1) through (8) of this subsection; or

(10) the Office of the Chief Medical Examiner when it has jurisdiction and custody of the body, after attesting in writing that a good faith effort has been made to contact the individuals described in subdivisions (1) through (8) of this subsection.

(b)(1) If there is more than one surviving child of the decedent and a majority of the children is unable to be contacted, less than a majority of the surviving children may make the decisions if they have made prompt, reasonable efforts to contact all other surviving children and prompt efforts to notify them of the proposed decisions, and do not know of any opposition to those decisions.

(2) If one parent is unable to be contacted, the remaining parent may make the decisions if that parent has made prompt, reasonable efforts to contact the other parent and is not aware of any opposition by the other parent to those decisions.

(3) If there is more than one surviving sibling of the decedent and a majority of the siblings is unable to be contacted, less than a majority of the surviving siblings may make the decisions if they have made prompt, reasonable efforts to contact all other surviving siblings and prompt efforts to notify them of the proposed decisions, and do not know of any opposition to those decisions.

(4) If there is more than one family member in the highest applicable order of kinship under the laws of descent and distribution and a majority of these family members is unable to be contacted, less than a majority of the surviving family members in this order may make the decisions if they have made prompt, reasonable efforts to contact all other surviving family members in this order and prompt efforts to notify them of the proposed decisions, and do not know of any opposition to those decisions.

(c)(1) If the disposition of the remains of a decedent is determined under subdivision (a)(9) of this section and the funeral director or disposition facility operator has cremated or processed the remains, as applicable, the funeral director or disposition facility operator shall retain the remains for three years and, if no interested party as provided in subdivisions (a)(1) through (8) of this section claims the decedent's remains after three years, the funeral director or disposition facility operator shall arrange for the permanent disposition of the remains consistent with any applicable law and standard funeral practices.

(2) Notwithstanding any provision of subdivision (1) of this subsection to the contrary, a funeral director or disposition facility operator may determine that the unclaimed remains of a deceased veteran shall be interred at the Vermont Veterans Memorial Cemetery pursuant to 20 V.S.A. § 1586 if:

(A) at least 180 days have passed since the funeral director or disposition facility operator cremated or processed the remains;

(B) the funeral director or disposition facility operator either:

(i) has actual knowledge that there is no interested party as provided in subdivisions (a)(1) through (8) of this section to claim the decedent's remains; or

(ii) after making reasonable efforts, has been unable to locate and contact any known interested party as provided in subdivisions (a)(1) through (8) of this section; and

(C) the funeral director or disposition facility operator has confirmed with the Office of Veterans Affairs that the deceased veteran is eligible to be interred at the Vermont Veterans Memorial Cemetery.

(d)(1) If the disposition of the remains of a decedent is determined under subdivision (a)(10) of this section, the Office of the Chief Medical Examiner may contract with a funeral director or disposition facility operator to cremate the remains of the decedent.

(2)(A) If the cremation of the decedent is arranged and paid for under 33 V.S.A. § 2301, the Department for Children and Families shall pay the cremation expenses to the funeral home, up to the maximum payment permitted by rule by the Department for Children and Families.

(B) If the cremation of the decedent is not arranged and paid for under 33 V.S.A. § 2301, the Department of Health shall pay the cremation expenses to the funeral home, up to the maximum payment permitted by rule by the Department for Children and Families.

(3) The cremated remains shall be returned to the Office of the Chief Medical Examiner. The Office shall retain the remains for three years, and if no interested party, as described in subdivisions (a)(1) through (8) of this section, claims the decedent's remains after three years, the Office shall arrange for the permanent disposition of the cremated remains consistent with any applicable law and standard funeral practices.

(4) Notwithstanding any provision of subdivision (3) of this subsection to the contrary, the Office of the Chief Medical Examiner may determine that the unclaimed cremated remains of a deceased veteran shall be interred at the Vermont Veterans Memorial Cemetery pursuant to 20 V.S.A. § 1586 if:

(A) at least 180 days have passed since the remains were cremated;

(B) the Office of the Chief Medical Examiner either:

(i) has actual knowledge that there is no interested party as provided in subdivisions (a)(1) through (8) of this section to claim the decedent's remains; or

(ii) after making reasonable efforts, has been unable to locate and contact any known interested party as provided in subdivisions (a)(1) through (8) of this section; and

(C) the Office of the Chief Medical Examiner has confirmed with the Office of Veterans Affairs that the deceased veteran is eligible to be interred at the Vermont Veterans Memorial Cemetery.
18 V.S.A. § 1241 — VT Code / Title 18 / Chapter 24A / Section 1241
§ 1241. Purpose
Status: in_force

The purpose of this chapter is to require all school districts, supervisory unions, independent schools, and child care providers in Vermont to:

(1) test drinking water in their buildings and child care facilities for lead contamination; and

(2) develop and implement an appropriate response or lead remediation plan when sampling indicates unsafe lead levels in drinking water at a school or child care facility.
18 V.S.A. § 502 — VT Code / Title 18 / Chapter 9 / Section 502
§ 502. School of instruction; periodicals
Status: in_force

The Commissioner may conduct a school of instruction for health officers at such times and places as the Commissioner directs. The Commissioner may issue a periodical giving the results of the work done at the laboratory and the approved methods for the protection of the public health, and such publications shall be furnished free to health officers and residents of the State.
18 V.S.A. § 8848 — VT Code / Title 18 / Chapter 206 / Section 8848
§ 8848. Right to counsel
Status: in_force

Persons subject to commitment, continued commitment, or self-initiated review pursuant to section 8846 of this subchapter shall have a right to counsel as provided in section 7111 of this title.
18 V.S.A. § 4252 — VT Code / Title 18 / Chapter 84 / Section 4252
§ 4252. Knowingly permitting sale of regulated drugs in a dwelling
Status: repealed

(a) No person shall knowingly permit a dwelling, building, or structure owned by or under the control of the person to be used for the purpose of illegally selling a regulated drug.

(b) [Repealed.]

(c) A person who violates this section shall be imprisoned not more than two years or fined not more than $15,000.00, or both.

(d) It shall not be a violation of this section if the person who owns or controls the dwelling, building, or structure takes action to address the unlawful activity.
18 V.S.A. § 5301 — VT Code / Title 18 / Chapter 121 / Section 5301
§ 5301. Application of chapter
Status: in_force

This chapter shall be applicable to all agencies now engaged in, or which shall hereafter engage in any business of a cemetery within this State, and to all property used or intended to be used for the permanent disposition of the human dead.
18 V.S.A. § 4059 — VT Code / Title 18 / Chapter 82 / Section 4059
§ 4059. Adulterated food defined
Status: in_force

A food shall be deemed to be adulterated:

(1)(A) If it bears or contains any poisonous or deleterious substance that may render it injurious to health; but in case the substance is not an added substance, the food shall not be considered adulterated under this clause if the quantity of the substance in the food does not ordinarily render it injurious to health;

(B) if it bears or contains any added poisonous or added deleterious substance that is unsafe within the meaning of section 4062 of this title;

(C) if it consists in whole or in part of a diseased, contaminated, filthy, putrid, or decomposed substance, or if it is otherwise unfit for food;

(D) if it has been produced, prepared, packed, or held under unsanitary conditions in which it may have become contaminated with filth or in which it may have been rendered diseased, unwholesome, or injurious to health;

(E) if it is the product of a diseased animal or an animal that has died otherwise than by slaughter, or that has been fed upon the uncooked offal from a slaughterhouse; or

(F) if its container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health.

(2)(A) If any valuable constituent has been in whole or in part omitted or abstracted therefrom;

(B) if any substance has been substituted wholly or in part therefor;

(C) if damage or inferiority has been concealed in any manner; or

(D) if any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength or make it appear better or of greater value than it is.

(3) If it is confectionery and it bears or contains any alcohol or nonnutritive article or substance except harmless coloring, harmless flavoring, harmless resinous glaze not in excess of four-tenths of one percent, harmless natural wax not in excess of four-tenths of one percent, harmless natural gum and pectin; provided that this subdivision shall not apply to any confectionery by reason of its containing less than one-half of one percent by volume of alcohol derived solely from the use of flavoring, extracts, or to any chewing gum by reason of its containing harmless nonnutritive masticatory substances.

(4) If it bears or contains a coal tar color other than one from a batch that has been certified under authority of the federal act.
18 V.S.A. § 9418d — VT Code / Title 18 / Chapter 221 / Section 9418d
§ 9418d. Contract amendments
Status: in_force

(a) A health care contract may be amended by mutual agreement of the parties.

(b) Absent mutual agreement of the parties, a health care contract may be amended only as follows:

(1) The contracting entity shall provide to the participating provider notice of the amendment and the amendment in writing not later than 60 days prior to the effective date of the amendment. The notice shall be conspicuously entitled “Notice of Amendment to Contract” and shall include a summary of the amendment as described in subdivision (4) of this subsection. The notice period may be extended by mutual agreement of the parties.

(2) The participating provider shall have 60 days after receiving the amendment, notice, and summary pursuant to subdivision (1) of this subsection to object, in writing, to the proposed amendment. If the participating provider objects to the amendment and there is no resolution of the objection within 60 days following the contracting entity's receipt of the written objection, either party may terminate the contract upon written notice of termination provided to the other party. Termination shall become effective in the time period specified in the health care contract. If no termination period is specified in the health care contract, the termination shall become effective 90 days after the notice of termination is provided. The terms of the underlying contract shall remain in effect through the termination period and shall be unaffected by the proposed amendment.

(3) If the participating provider does not object to the amendment in the manner specified in subdivision (2) of this subsection, the amendment shall be effective as specified in the notice described in subdivision (1) of this subsection.

(4) The notice of amendment shall include a summary cover sheet that shall include the following information:

(A) a brief explanation of the amendment;

(B) the date the amendment will become effective;

(C) a notice of right to object in writing to the amendment;

(D) the time frame for objection;

(E) the address to send an objection;

(F) contact information for the person to call to discuss the amendment for further information or to resolve an objection;

(G) the effect of an objection;

(H) the right to terminate the contract if the objection is not resolved;

(I) the time period for the effective date of any such termination; and

(J) the address to send a notice of termination.

(c) Subsection (b) of this section shall not apply in the following circumstances:

(1) The delay caused by compliance with the 60-day notice period in subdivision (b)(1) of this section could result in imminent harm to an insured.

(2) The amendment of a health care contract is required by a State or federal law, rule, or regulation that includes an effective date for the amendment.

(3) The provider affirmatively accepts the amendment in writing and agrees to an earlier effective date than that specified in the notice required by subdivision (b)(1) of this section.

(4) The participating provider's payment or compensation is based on the current Medicaid or Medicare physician reimbursement schedule, and the amendment reflects a change in payment or compensation resulting solely from a change in that physician reimbursement schedule.

(5) The amendment is a routine change or update of the health care contract made in response to any addition, deletion, or revision of any service code, procedure code, or reporting code, or a pricing change is made by a third party source. For purposes of this subdivision:

(A) “Service code, procedure code, or reporting code” means the American Medical Association's Current Procedural Terminology, the American Dental Association's Current Dental Terminology, the Centers for Medicare and Medicaid Services' Healthcare Common Procedure Coding System, the World Health Organization's International Classification of Diseases, or the Drug Topics Red Book average wholesale price; and

(B) “Third party source” means the American Medical Association, the American Society of Anesthesiologists, the American Dental Association, the Centers for Medicare and Medicaid Services, the National Center for Health Statistics, the U.S. Department of Health and Human Services Office of the Inspector General, the Vermont Department of Financial Regulation, or the Vermont Agency of Human Services.

(d) Notwithstanding subsections (a), (b), and (c) of this section, a health care contract may be amended by operation of law as required by any applicable state or federal law, rule, or regulation.

(e) Subsection (b) of this section shall not apply to amendments of health care contracts with hospitals.
18 V.S.A. § 2354 — VT Code / Title 18 / Chapter 53 / Section 2354
§ 2354. License requirements [Effective January 1, 2027 or on effective date of rules]
Status: in_force

Upon receipt of an application for a license and the licensing fee, the Department of Health shall issue a license if it determines, after an inspection conducted by the Department or its designee, that the applicant is able to operate a birth center in accordance with rules adopted by the Department.
18 V.S.A. § 4621 — VT Code / Title 18 / Chapter 91 / Section 4621
§ 4621. Definitions
Status: in_force

Except as otherwise specified, for the purposes of this subchapter:

(1) “Department” means the Department of Health.

(2) “Evidence-based” means based on criteria and guidelines that reflect high-quality, cost-effective care. The methodology used to determine such guidelines shall meet recognized standards for systematic evaluation of all available research and shall be free from conflicts of interest. Consideration of the best available scientific evidence does not preclude consideration of experimental or investigational treatment or services under a clinical investigation approved by an institutional review board.
18 V.S.A. § 7405 — VT Code / Title 18 / Chapter 177 / Section 7405
§ 7405. Property in trust
Status: in_force

The Commissioner may take and hold in trust for the State any grant or devise of land or donation or bequest of money, or other personal property, to be applied to the maintenance of persons who are mentally ill.
18 V.S.A. § 2052 — VT Code / Title 18 / Chapter 46 / Section 2052
§ 2052. Advisor appointees
Status: in_force

(a) The Secretary of State shall appoint two advisors as set forth in 3 V.S.A. § 129b. One of the initial appointments may be for less than a five-year term. One of the appointees shall have not less than three years' experience as a nursing home administrator immediately preceding appointment and shall be actively engaged in nursing home administration in Vermont during incumbency. The other appointee shall have not less than three years' experience as a licensed health care provider engaged in the care of the chronically ill.

(b) The Director shall seek the advice of the advisors in carrying out the provisions of this chapter. Advisor appointees shall be entitled to compensation and necessary expenses in the amount provided in 32 V.S.A. § 1010 for attendance at any meeting called by the Director for this purpose.
18 V.S.A. § 9440b — VT Code / Title 18 / Chapter 221 / Section 9440b
§ 9440b. Information technology; review procedures
Status: in_force

Notwithstanding the procedures in section 9440 of this title, the Board shall establish by rule standards and expedited procedures for reviewing applications for the purchase or lease of health care information technology that otherwise would be subject to review under this subchapter. Such applications shall not be granted or approved unless they are consistent with the Health Information Technology Plan developed under section 9351 of this title and the Health Resource Allocation Plan.
18 V.S.A. § 1652 — VT Code / Title 18 / Chapter 32 / Section 1652
§ 1652. State radiation control
Status: in_force

(a) The Department is the radiation control agency for the State of Vermont. The Commissioner may designate the Radiation Control Director within the Department as the individual who shall perform the functions vested in the Department by this chapter.

(b) The Department shall, for the protection of the occupational and public health and safety, develop programs for the control of ionizing and nonionizing radiation compatible with federal programs for regulation of by-product, source, and special nuclear materials.

(c) The Department may adopt, amend, and repeal rules under 3 V.S.A. chapter 25 that may provide for licensing and registration for the control of sources of ionizing radiation and that may provide for the control and regulation of sources of nonionizing radiation.

(d) The Department shall advise, consult, and cooperate with other agencies of the State, the federal government, other states and interstate agencies, political subdivisions, industries, and with groups concerned with control of sources of ionizing and nonionizing radiation.

(e) Applicants for registration of X-ray equipment shall pay an annual registration fee of $85.00 per piece of equipment.

(f) Fees collected under this section shall be credited to a special fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5 and shall be available to the Department to offset the costs of providing services relating to licensing and registration and controlling sources of ionizing radiation.
18 V.S.A. § 9007 — VT Code / Title 18 / Chapter 209 / Section 9007
§ 9007. Costs- Article VII
Status: in_force

(a) No person shall be deemed a patient of more than one institution at any given time. Completion of transfer of any patient to an institution in a receiving state shall have the effect of making the person a patient of the institution in the receiving state.

(b) The sending state shall pay all costs of and incidental to the transportation of any patient pursuant to this compact, but any two or more party states may, by making a specific agreement for that purpose, arrange for a different allocation of costs as among themselves.

(c) No provision of this compact shall be construed to alter or affect any internal relationships among the departments, agencies, and officers of and in the government of a party state or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor.

(d) Nothing in this compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency or other entity in regard to costs for which such party state or subdivision thereof may be responsible pursuant to any provision of this compact.

(e) Nothing in this compact shall be construed to invalidate any reciprocal agreement between a party state and a nonparty state relating to institutionalization, care or treatment of the mentally ill or developmentally disabled, or any statutory authority pursuant to which such agreements may be made.
18 V.S.A. § 1761 — VT Code / Title 18 / Chapter 38 / Section 1761
§ 1761. Duty of reasonable care; negligence; liability
Status: in_force

(a) An owner of rental target housing or a child care facility or an owner's representative shall take reasonable care to prevent exposure to, and the creation of, lead hazards. In an action brought under this section, evidence of actions taken or not taken to satisfy the requirements of this chapter, including performing RRPM activities, may be admissible evidence of reasonable care or negligence.

(b) Any person who suffers an injury proximately caused by an owner's breach of this duty of reasonable care shall have a cause of action to recover damages and for all other appropriate relief.

(c) The owner of rental target housing or a child care facility or the owner's representative shall not be liable to a tenant of the housing or facility in an individual action for habitability under common law or pursuant to 9 V.S.A. chapter 63 or chapter 137, 10 V.S.A. chapter 153, or 12 V.S.A. chapter 169 for injury or other relief claimed to be caused by exposure to lead if, during the relevant time period, the owner is in compliance with section 1759 of this chapter and any of the following, should they exist:

(1) the specific recommendations of a lead-based paint risk assessment report provided by a lead-based paint inspector-risk assessor;

(2) any plan issued pursuant to section 1757 of this chapter; or

(3) any assurance of discontinuance, order of the Commissioner, or court order regarding lead hazards.

(d) The immunity under subsection (c) of this section shall not be available if:

(1) there was fraud in the RRPM compliance statement under section 1759 of this chapter;

(2) the owner or owner's representative did not follow the recommendations of a lead-based paint risk assessment report provided by a licensed lead-based paint inspector-risk assessor;

(3) the owner or owner's representative created or allowed for the creation of lead hazards during renovation, remodeling, maintenance, or repair; or

(4) the owner or the owner's representative failed to respond in a timely fashion to notification that lead hazards may have recurred on the premises.

(e) A defendant in an action brought under this section or at common law has a right to seek contribution from any other person who may be responsible, in whole or in part, for the child's blood lead level.

(f) Nothing in this section shall be construed to limit the right of the Commissioner or any agency or instrumentality of the State of Vermont to seek remedies available under any other provision of Vermont statutory law.
18 V.S.A. § 9502 — VT Code / Title 18 / Chapter 225 / Section 9502
§ 9502. Tobacco Trust Fund
Status: repealed

(a)(1) The Tobacco Trust Fund is established in the Office of the State Treasurer for the purposes of creating a self-sustaining, perpetual fund for tobacco cessation and prevention that is not dependent upon tobacco sales volume.

(2) The Trust Fund shall be composed of:

(A) transfers made by the General Assembly; and

(B) contributions from any other source.

(3) The State Treasurer shall not disburse monies from the Trust Fund, except upon appropriation by the General Assembly. In any fiscal year, total appropriations from the Trust Fund shall not exceed seven percent of the fair market value of the Fund at the end of the prior fiscal year.

(4) The Trust Fund shall be administered by the State Treasurer. The State Treasurer may invest monies in the Fund in accordance with the provisions of 32 V.S.A. § 434. All balances in the Fund at the end of the fiscal year shall be carried forward. Interest earned shall remain in the Fund. The State Treasurer's annual financial report to the Governor and the General Assembly shall contain an accounting of receipts, disbursements, and earnings of the Fund.

(b) [Repealed.]
18 V.S.A. § 8730 — VT Code / Title 18 / Chapter 204A / Section 8730
§ 8730. Service providers; certification
Status: in_force

The Department shall adopt rules that provide for certification standards and procedures for programs for people with developmental disabilities funded by the Department. The Department shall not certify a program unless it adheres to the principles in section 8724 of this title and provides recipients with the rights in section 8728 of this title.
18 V.S.A. § 7629 — VT Code / Title 18 / Chapter 181 / Section 7629
§ 7629. Legislative intent
Status: in_force

(a) It is the intention of the General Assembly to recognize the right of a legally competent person to determine whether or not to accept medical treatment absent an emergency or a determination that the person is incompetent and lacks the ability to make a decision and appreciate the consequences.

(b) The General Assembly adopts the goal of high-quality, patient-centered health care, which the Institute of Medicine defines as “providing care that is respectful of and responsive to individual patient preferences, needs, and values and ensuring that patient values guide all clinical decisions.” A substitute decision-maker is sometimes necessary to make a decision about care when a person is incompetent and lacks the ability to make a decision and appreciate the consequences. Even when a person lacks competence, health care that a person is opposing should be avoided whenever possible because the distress and insult to human dignity that result from compelling a person to participate in medical treatment against his or her will are real, regardless of how poorly the person may understand the decision.

(c) It is the policy of the General Assembly to work toward a mental health system that does not require coercion or the use of involuntary medication.

(d) This chapter protects the rights and values described in this section through a judicial process to determine competence prior to an order for nonemergency involuntary medication and by limiting the duration of an order for involuntary treatment to no more than one year. The least restrictive order consistent with the person's right to adequate treatment shall be provided in all cases.
18 V.S.A. § 9309 — VT Code / Title 18 / Chapter 215 / Section 9309
§ 9309. Hearing and appeal
Status: repealed

(a) The respondent, the State's Attorney, and all other persons to whom notice has been given pursuant to section 9307 of this title may attend the hearing and testify. The court may in its discretion receive the testimony of any other person. The respondent and State's Attorney may subpoena, present, and cross-examine witnesses, including those who prepared the comprehensive evaluation. The court may exclude any person not necessary for the conduct of the hearing. The State's Attorney shall consult with the interested person who requested the filing of the petition regarding the facts of the case.

(b) The hearing shall be conducted in a manner consistent with orderly procedure and in a physical setting not likely to have a harmful effect on the mental or physical health of the respondent. In all proceedings, the court shall have taken and preserved an accurate record of the proceedings. The court shall not be bound by the evidence contained in the comprehensive evaluation, but shall make its determination upon the entire record. In all cases, the court shall make specific findings of fact, state separately its conclusions of law, and direct the entry of an appropriate judgment. The general public shall be excluded from hearings under this chapter, and only the parties, their counsel, the interested person who requested the filing of the petition, witnesses, and other persons accompanying a party for his or her assistance, and such other persons as the court finds to have a proper interest in the case or in the work of the court may be admitted by the court. The proceedings of the hearing shall be confidential, and a record of the proceedings may not be released without the consent of the respondent or the respondent's guardian.

(c) The State's Attorney shall appear and present evidence in support of the petition. The person who requested the filing of the petition may be represented by private counsel in any proceedings brought under this chapter.

(d) If, upon completion of the hearing and consideration of the record, the court finds that the respondent is not a person in need of guardianship, as defined in subdivision 9302(5) of this title, it shall dismiss the petition and seal the records of the proceedings.

(e) The court shall enter judgment specifying the powers of the Commissioner pursuant to section 9310 of this title if, upon completion of the hearing and consideration of the record, the court finds that the petitioner has proved by clear and convincing evidence that the respondent is:

(1) a person with developmental disabilities;

(2) at least 18 years of age; and

(3) [Repealed.]

(4) in need of guardianship for his or her own welfare or the public welfare.

(f) The court may grant or restrict the powers of guardianship to the Commissioner. An appointment of the Commissioner to provide guardianship shall not constitute a judicial finding that the person is legally incompetent for all purposes but shall only restrict the person's rights with respect to those powers expressly granted to the Commissioner.

(g) Any party to the proceeding before the Family Division of the Superior Court may appeal the court's decision. The appeal shall be taken in such manner as the Supreme Court may by rule provide for appeals from the Family Division of the Superior Court.
18 V.S.A. § 5375 — VT Code / Title 18 / Chapter 121 / Section 5375
§ 5375. Laying out and improving grounds; burial without charge
Status: reserved

The board of cemetery commissioners may set apart such portion of the burial grounds placed under its charge as it deems proper, as a place for the burial of persons without charge therefor, under such regulations as it prescribes. It may lay out the remaining unoccupied portions in suitable lots, with necessary paths, avenues, or other reserved places, and may plant and embellish the same with trees, shrubs, and flowers.
18 V.S.A. § 1684 — VT Code / Title 18 / Chapter 33B / Section 1684
§ 1684. Repealed. 2023, No. 131 (Adj. Sess.), § 10, eff. January 1, 2026.
Status: in_force

The Attorney General may request a certificate of compliance from a manufacturer of rugs, carpets, or aftermarket stain and water resistant treatments. Within 30 days after receipt of the Attorney General's request for a certificate of compliance, the manufacturer shall:

(1) provide the Attorney General with a certificate attesting that the manufacturer's product or products comply with the requirements of this chapter; or

(2) notify persons who are selling a product of the manufacturer's in this State that the sale is prohibited because the product does not comply with this chapter and submit to the Attorney General a list of the names and addresses of those persons notified.
18 V.S.A. § 1776 — VT Code / Title 18 / Chapter 38A / Section 1776
§ 1776. Rulemaking; additional chemicals of concern to children; prohibition of sale
Status: in_force

(a) Rulemaking authority. The Commissioner shall, after consultation with the Secretary of Natural Resources, adopt rules as necessary for the purposes of implementing, administering, or enforcing the requirements of this chapter.

(b) Additional chemicals of concern to children. The Commissioner may by rule add additional chemicals to the list of chemicals of high concern to children, provided that the Commissioner of Health, on the basis of credible, scientific evidence, including peer-reviewed studies, has determined that a chemical proposed for addition to the list meets both of the following criteria in subdivisions (1) and (2) of this subsection:

(1) The Commissioner of Health has determined that an authoritative governmental entity or accredited research university has demonstrated that the chemical:

(A) harms the normal development of a fetus or child or causes other developmental toxicity;

(B) causes cancer, genetic damage, or reproductive harm;

(C) disrupts the endocrine system;

(D) damages the nervous system, immune system, or organs or causes other systemic toxicity; or

(E) is a persistent bioaccumulative toxic.

(2) The chemical has been found through:

(A) biomonitoring to be present in human blood, umbilical cord blood, breast milk, urine, or other bodily tissues or fluids;

(B) sampling and analysis to be present in household dust, indoor air, drinking water, or elsewhere in the home environment; or

(C) monitoring to be present in fish, wildlife, or the natural environment.

(c) Removal of chemical from list. The Commissioner may by rule remove a chemical from the list of chemicals of high concern to children established under section 1773 of this title or rules adopted under this section if the Commissioner determines that the chemical no longer meets both of the criteria of subdivisions (b)(1) and (2) of this section.

(d) Rule to regulate sale or distribution.

(1) The Commissioner, after consultation with the Chemicals of High Concern to Children Working Group, may adopt a rule to regulate the sale or distribution of a children's product containing a chemical of high concern to children upon a determination that:

(A) children may be exposed to a chemical of high concern to children in the children's product; and

(B) there is a possibility that, due to the degree of exposure or frequency of exposure of a child to a chemical of high concern to children in a children's product, exposure could cause or contribute to one or more of the adverse health impacts listed under subdivision (b)(1) of this section.

(2) In determining whether children may be exposed to a chemical of high concern in a children's product, the Commissioner shall review available, credible information regarding:

(A) the market presence of the children's product in the State;

(B) the type or occurrence of exposures to the relevant chemical of high concern to children in the children's product;

(C) the household and workplace presence of the children's product; or

(D) the potential and likelihood of exposure of children to the chemical of high concern to children in the children's product.

(3) A rule adopted under this section may:

(A) prohibit the children's product containing the chemical of high concern to children from sale, offer for sale, or distribution in the State; or

(B) require that the children's product containing the chemical of high concern to children be labeled prior to sale, offer for sale, or distribution in the State.

(4) In any rule adopted under this subsection, the Commissioner shall adopt reasonable time frames for manufacturers, distributors, and retailers to comply with the requirements of the rules. No prohibition on sale or manufacture of a children's product in the State shall take effect sooner than two years after the adoption of a rule adopted under this section unless the Commissioner determines that an earlier effective date is required to protect human health and the new effective date is established by rule.

(5) The Chemicals of High Concern to Children Working Group may, at its discretion, submit to the House Committees on Natural Resources, Fish, and Wildlife and on Human Services and the Senate Committees on Natural Resources and Energy and on Health and Welfare the recommendations or information from a consultation provided to the Commissioner under subdivision (1) of this subsection.

(e) Exemption for chemical management strategy. In adopting a rule under this section, the Commissioner may exempt from regulation a children's product containing a chemical of high concern to children if the manufacturer of the children's product is implementing a comprehensive chemical management strategy designed to eliminate harmful substances or chemicals from the manufacturing process.

(f) Additional rules.

(1) The Commissioner of Health shall adopt by rule the process and procedure to be required when the Commissioner of Health adopts a rule under subsection (b), (c), or (d) of this section. The rule shall provide:

(A) all relevant criteria for evaluation of the chemical;

(B) criteria by which a chemical, due to its presence in the environment or risk of harm, shall be prioritized for addition or removal from the list of chemicals of high concern to children or for regulation under subsection (d) of this section;

(C) time frames for labeling or phasing out sale or distribution;

(D) requirements for when and how a manufacturer of a children's product that contains a chemical of high concern to children provides the notice required under subsection 1775(a) of this title when the manufacturer intends to introduce the children's product for sale between the required dates for reporting; and

(E) other information or process determined as necessary by the Commissioner for implementation of this chapter.

(2) The Commissioner may, by rule, authorize a manufacturer to report ranges of the amount of a chemical in a children's product, rather than the exact amount, provided that if there are multiple chemical values for a given component in a particular product category, the manufacturer shall use the largest value for reporting.

(3) Notwithstanding the required reporting dates under section 1774 of this title, the Commissioner may adopt by rule phased-in reporting requirements for chemicals of high concern to children in children's products based on the size of the manufacturer, aggregate sales of children's products, or the exposure profile of the chemical of high concern to children in the children's product.

(g) Additional public participation. In addition to the public participation requirements of 3 V.S.A. chapter 25 and prior to submitting a rule authorized under this section to the Secretary of State under 3 V.S.A. § 838, the Commissioner shall make reasonable efforts to consult with interested parties within the State regarding any proposed prohibition of a chemical of high concern to children. The Commissioner may satisfy the consultation requirement of this section through the use of one or more workshops, focused work groups, dockets, meetings, or other forms of communication.
18 V.S.A. § 9472 — VT Code / Title 18 / Chapter 221 / Section 9472
§ 9472. Repealed. 2023, No. 127 (Adj. Sess.), § 4(a)(2), eff. July 1, 2029.
Status: in_force

(a) A pharmacy benefit manager that provides pharmacy benefit management for a health plan has a fiduciary duty to its health insurer client that includes a duty to be fair and truthful toward the health insurer, to act in the health insurer's best interests, and to perform its duties with care, skill, prudence, and diligence. In the case of a health benefit plan offered by a health insurer as defined by subdivision 9471(2)(A) of this title, the health insurer shall remain responsible for administering the health benefit plan in accordance with the health insurance policy or subscriber contract or plan and in compliance with all applicable provisions of Title 8 and this title.

(b) A pharmacy benefit manager shall provide notice to the health insurer that the terms contained in subsection (c) of this section may be included in the contract between the pharmacy benefit manager and the health insurer.

(c) A pharmacy benefit manager that provides pharmacy benefit management for a health plan shall do all of the following:

(1) Provide all financial and utilization information requested by a health insurer relating to the provision of benefits to beneficiaries through that health insurer's health plan and all financial and utilization information relating to services to that health insurer. A pharmacy benefit manager providing information under this subsection may designate that material as confidential. Information designated as confidential by a pharmacy benefit manager and provided to a health insurer under this subsection shall not be disclosed by the health insurer to any person without the consent of the pharmacy benefit manager, except that disclosure may be made by the health insurer:

(A) in a court filing under the consumer protection provisions of 9 V.S.A. chapter 63, provided that the information shall be filed under seal and that prior to the information being unsealed, the court shall give notice and an opportunity to be heard to the pharmacy benefit manager on why the information should remain confidential;

(B) to State and federal government officials;

(C) when authorized by 9 V.S.A. chapter 63;

(D) when ordered by a court for good cause shown; or

(E) when ordered by the Commissioner as to a health insurer as defined in subdivision 9471(2)(A) of this title pursuant to the provisions of Title 8 and this title.

(2) Notify a health insurer in writing of any proposed or ongoing activity, policy, or practice of the pharmacy benefit manager that presents, directly or indirectly, any conflict of interest with the requirements of this section.

(3) With regard to the dispensation of a substitute prescription drug for a prescribed drug to a beneficiary in which the substitute drug costs more than the prescribed drug and the pharmacy benefit manager receives a benefit or payment directly or indirectly, disclose to the health insurer the cost of both drugs and the benefit or payment directly or indirectly accruing to the pharmacy benefit manager as a result of the substitution.

(4) If the pharmacy benefit manager derives any payment or benefit for the dispensation of prescription drugs within the State based on volume of sales for certain prescription drugs or classes or brands of drugs within the State, pass that payment or benefit on in full to the health insurer.

(5) Disclose to the health insurer all financial terms and arrangements for remuneration of any kind that apply between the pharmacy benefit manager and any prescription drug manufacturer that relate to benefits provided to beneficiaries under or services to the health insurer's health plan, including formulary management and drug-switch programs, educational support, claims processing, and pharmacy network fees charged from retail pharmacies and data sales fees. A pharmacy benefit manager providing information under this subsection may designate that material as confidential. Information designated as confidential by a pharmacy benefit manager and provided to a health insurer under this subsection shall not be disclosed by the health insurer to any person without the consent of the pharmacy benefit manager, except that disclosure may be made by the health insurer:

(A) in a court filing under the consumer protection provisions of 9 V.S.A. chapter 63, provided that the information shall be filed under seal and that prior to the information being unsealed, the court shall give notice and an opportunity to be heard to the pharmacy benefit manager on why the information should remain confidential;

(B) when authorized by 9 V.S.A. chapter 63;

(C) when ordered by a court for good cause shown; or

(D) when ordered by the Commissioner as to a health insurer as defined in subdivision 9471(2)(A) of this title pursuant to the provisions of Title 8 and this title.

(d) At least annually, a pharmacy benefit manager that provides pharmacy benefit management for a health plan shall disclose to the health insurer, the Department of Financial Regulation, and the Green Mountain Care Board the aggregate amount the pharmacy benefit manager retained on all claims charged to the health insurer for prescriptions filled during the preceding calendar year in excess of the amount the pharmacy benefit manager reimbursed pharmacies.

(e) A pharmacy benefit manager contract with a health insurer shall not contain any provision purporting to reserve discretion to the pharmacy benefit manager to move a drug to a higher tier or remove a drug from its drug formulary any more frequently than two times per year.

(f)(1) A pharmacy benefit manager shall not require a covered person purchasing a covered prescription drug to pay an amount greater than the lesser of:

(A) the cost-sharing amount under the terms of the health benefit plan;

(B) the maximum allowable cost for the drug; or

(C) the amount the covered person would pay for the drug if the covered person were paying the cash price.

(2) Any amount paid by a covered person under subdivision (1) of this subsection shall be attributed toward any deductible and, to the extent consistent with Sec. 2707 of the Public Health Service Act (42 U.S.C. § 300gg-6), the annual out-of-pocket maximums under the covered person's health benefit plan.

(g) Compliance with the requirements of this section is required for pharmacy benefit managers entering into contracts with a health insurer in this State for pharmacy benefit management in this State.
18 V.S.A. § 1605 — VT Code / Title 18 / Chapter 31 / Section 1605
§ 1605. Facilities, equipment and personnel-Article V
Status: in_force

(a) Whenever a department, agency, or officer of a party state responsible for and having control of facilities or equipment designed for or useful in radiation control, radiation research, or any other phase of a radiological health program or programs determines that such a facility or item of equipment is not being used to its full capacity by such party state, or that temporarily it is not needed for current use by such state, a department, agency, or officer may, upon request of an appropriate department, agency, or officer of another party state, make such facility or item of equipment available for use by such requesting department, agency, or officer. Unless otherwise required by law, the availability and use resulting therefrom may be with or without charge, at the discretion of the lending department, agency, or officer. Any personal property made available pursuant to this paragraph may be removed to the requesting state, but no such property shall be made available, except for a specified period and pursuant to written agreement. Except when necessary to meet an emergency, no supplies or materials intended to be consumed prior to return shall be made available pursuant to this paragraph.

(b) In recognition of the mutual benefits, in addition to those resulting from article IV, accruing to the party states from the existence and flexible use of professional or technical personnel having special skills or training related to radiation protection, such personnel may be made available to a party state by appropriate departments, agencies, and officers of other party states; provided that the borrower reimburses such party state regularly employing the personnel in question for any cost of making such personnel available, including a prorated share of the salary or other compensation of the personnel involved.

(c) Nothing in this article shall be construed to limit or to modify in any way the provisions of article IV of this compact.
18 V.S.A. § 1743 — VT Code / Title 18 / Chapter 37 / Section 1743
§ 1743. Exceptions
Status: in_force

The restrictions in this chapter on possession of lighted tobacco products and use of tobacco substitutes do not apply to areas not commonly open to the public of owner-operated businesses with no employees.
18 V.S.A. § 4064a — VT Code / Title 18 / Chapter 82 / Section 4064a
§ 4064a. Misbranded drugs or devices sold by prescription
Status: in_force

(a) Except as provided in subsections (b), (c), and (d) of this section, a drug or device that is sold or offered for sale by prescription, including those transported or mailed into this State for use in this State although purchased elsewhere, is misbranded:

(1) if its labeling is false or misleading in any particular; or

(2) unless it is labeled with the following:

(A) the name of the patient or if the patient is an animal the name of its owner and the species of the animal;

(B) the expiration date of the drug where the date is required by law or has been determined by the manufacturer, Department, or any agency of the State or U.S. government, if this date is less than one year from date of dispensing;

(C) the name or place of business of the dispenser;

(D) the serial number and the date the prescription was filled;

(E) directions for use as may be stated in the prescription and the name of the medical, dental, osteopathic, or veterinary professional prescribing the drug or device;

(F) the name and strength of the drug or its generic equivalent, if any, according to the latest official U.S. Pharmacopoeia, latest official Homeopathic Pharmacopoeia of the United States, or latest official national formulary, or any supplement to any of them;

(G) the name of the drug shall be the same as written by the prescriber, unless the prescription has been filled with a generic equivalent approved by the prescriber and the purchaser has been informed of the change.

(b) The labeling requirements of subdivisions (a)(2)(F) and (G) of this section shall not apply to a drug or device if the prescribing physician explicitly requests for medical reasons that such information shall be omitted.

(c) The labeling requirements of subsection (a) of this section shall not apply to a drug or device administered under the supervision of a licensed physician to patients within a hospital or nursing home.

(d) Nothing in this section shall be construed to limit the ability of a licensed physician to give, administer, or dispense any drug or device to a patient under his or her care.
18 V.S.A. § 1913 — VT Code / Title 18 / Chapter 43A / Section 1913
§ 1913. Creation; implementation
Status: in_force

(a) The Commissioner shall establish a comprehensive patient safety surveillance and improvement system for the purpose of improving patient safety, eliminating adverse events in Vermont hospitals, and supporting and facilitating quality improvement efforts by hospitals. The Department may contract with a qualified organization having expertise in patient safety to develop and implement all or part of the safety system.

(b) The Department shall:

(1) collect data concerning the occurrence of reportable adverse events;

(2) aggregate and analyze data for the purpose of developing and implementing strategies to target and eliminate specific adverse events;

(3) verify that hospitals are in compliance with all the requirements of this chapter and rules adopted pursuant to this chapter;

(4) for reportable adverse events, verify that hospitals are conducting causal analyses and developing corrective action plans consistent with standards set by the Department, current patient safety science, and relevant clinical standards;

(5) provide technical assistance or assist hospitals in locating technical assistance resources for analyzing adverse events and near misses and developing and implementing corrective action plans; and

(6) encourage hospitals to utilize anonymous in-hospital reporting when possible.

(c) The Commissioner may retain or contract with such additional professional or other staff as needed to carry out responsibilities under this chapter.

(d) Beginning on July 1, 2007, expenses incurred for development and implementation of the safety system shall be borne as follows: 50 percent from General Fund monies and 50 percent by the hospitals.

(e) Not later than January 15, 2008, the Commissioner of Health shall provide an interim report to the Senate Committee on Health and Welfare and the House Committees on Human Services and on Health Care on the status of the safety system, its effectiveness in improving patient safety and health care quality in the State, and cost savings. Not later than January 15, 2009, the Commissioner shall make a final report to those Committees on those subjects and shall make recommendations regarding expansion of the system to include health care facilities other than hospitals.

(f) The authority granted to the Commissioner under this chapter is in addition to any other authority granted to the Commissioner under law.
18 V.S.A. § 4354 — VT Code / Title 18 / Chapter 85 / Section 4354
§ 4354. Term of license
Status: in_force

A license shall expire annually on a date established by the Department and shall be renewed upon the payment of a new license fee if the licensee is in good standing with the Department.
18 V.S.A. § 3631 — VT Code / Title 18 / Chapter 77 / Section 3631
§ 3631. Pharmacy benefit managers; required practices with respect to pharmacies
Status: in_force

(a) Within 14 calendar days following receipt of a pharmacy claim, a pharmacy benefit manager or other entity paying pharmacy claims shall do one of the following:

(1) Pay or reimburse the claim.

(2) Notify the pharmacy in writing that the claim is contested or denied. The notice shall include specific reasons supporting the contest or denial and a description of any additional information required for the pharmacy benefit manager or other payer to determine liability for the claim.

(b) In addition to the practices prohibited by section 3612 of this chapter, a pharmacy benefit manager or other entity paying pharmacy claims shall not require a pharmacy to pass through any portion of the insured's co-payment, or patient responsibility, to the pharmacy benefit manager or other payer.

(c) For each drug for which a pharmacy benefit manager establishes a maximum allowable cost in order to determine the reimbursement rate, the pharmacy benefit manager shall do all of the following:

(1) Make available, in a format that is readily accessible and understandable by a pharmacist, the actual maximum allowable cost for each drug and the source used to determine the maximum allowable cost, which shall not be dependent upon individual beneficiary identification or benefit stage.

(2) Update the maximum allowable cost at least once every seven calendar days. In order to be subject to maximum allowable cost, a drug must be widely available for purchase by all pharmacies in the State, without limitations, from national or regional wholesalers and must not be obsolete or temporarily unavailable.

(3) Establish or maintain a reasonable administrative appeals process to allow a dispensing pharmacy provider to contest a listed maximum allowable cost.

(4)(A) Respond in writing to any appealing pharmacy provider within 10 calendar days after receipt of an appeal, provided that, except as provided in subdivision (B) of this subdivision (4), a dispensing pharmacy provider shall file any appeal within 10 calendar days from the date its claim for reimbursement is adjudicated.

(B) A pharmacy benefit manager shall allow a dispensing pharmacy provider to appeal after the 10-calendar-day appeal period set forth in subdivision (A) of this subdivision (4) if the prescription claim is subject to an audit initiated by the pharmacy benefit manager or its auditing agent.

(5) For a denied appeal, provide the reason for the denial and identify the national drug code and a Vermont-licensed wholesaler of an equivalent drug product that may be purchased by contracted pharmacies at or below the maximum allowable cost.

(6) For an appeal in which the appealing pharmacy is successful:

(A) make the change in the maximum allowable cost within 30 business days after the redetermination; and

(B) allow the appealing pharmacy or pharmacist to reverse and rebill the claim in question.

(d) A pharmacy benefit manager shall not reimburse a pharmacy or pharmacist in this State an amount less than the amount the pharmacy benefit manager reimburses a pharmacy benefit manager affiliate for providing the same pharmacist services.

(e) A pharmacy benefit manager shall not restrict, limit, or impose requirements on a licensed pharmacy in excess of those set forth by the Vermont Board of Pharmacy or by other State or federal law, nor shall it withhold reimbursement for services on the basis of noncompliance with participation requirements.

(f) A pharmacy benefit manager shall provide notice to all participating pharmacies prior to changing its drug formulary.

(g)(1) A pharmacy benefit manager or other third party that reimburses a 340B covered entity for drugs that are subject to an agreement under 42 U.S.C. § 256b through the 340B drug pricing program shall not reimburse the 340B covered entity for pharmacy-dispensed drugs at a rate lower than that paid for the same drug to pharmacies that are not 340B covered entities, and the pharmacy benefit manager shall not assess any fee, charge-back, or other adjustment on the 340B covered entity on the basis that the covered entity participates in the 340B program as set forth in 42 U.S.C. § 256b.

(2) With respect to a patient who is eligible to receive drugs that are subject to an agreement under 42 U.S.C. § 256b through the 340B drug pricing program, a pharmacy benefit manager or other third party that makes payment for the drugs shall not discriminate against a 340B covered entity in a manner that prevents or interferes with the patient's choice to receive the drugs from the 340B covered entity.

(3) As used in this section, “other third party” does not include Vermont Medicaid.

(h) A pharmacy benefit manager shall not:

(1) require a claim for a drug to include a modifier or supplemental transmission, or both, to indicate that the drug is a 340B drug unless the claim is for payment, directly or indirectly, by Medicaid; or

(2) restrict access to a pharmacy network or adjust reimbursement rates based on a pharmacy's participation in a 340B contract pharmacy arrangement.
18 V.S.A. § 3805 — VT Code / Title 18 / Chapter 79 / Section 3805
§ 3805. Applicability
Status: in_force

The provisions of this chapter shall not apply to any audit or investigation undertaken by any State agency, including the Office of the Attorney General or the Agency of Human Services, to a fiscal agent of the State, or to any audit, review, or investigation that involves alleged Medicaid fraud, Medicaid waste, Medicaid abuse, insurance fraud, or criminal fraud or misrepresentation.
18 V.S.A. § 9451 — VT Code / Title 18 / Chapter 221 / Section 9451
§ 9451. Definitions
Status: in_force

As used in this subchapter:

(1) “Hospital” means a hospital licensed under chapter 43 of this title, except a hospital that is conducted, maintained, or operated by the State of Vermont.

(2) “Hospital network” means a system comprising two or more affiliated hospitals, and may include other health care professionals and facilities, that derives 50 percent or more of its operating revenue, at the consolidated network level, from Vermont hospitals and in which the affiliated hospitals deliver health care services in a coordinated manner using an integrated financial and governance structure.

(3) “Volume” means the number of inpatient days of care or admissions and the number of all inpatient and outpatient ancillary services rendered to patients by a hospital.
18 V.S.A. § 2060 — VT Code / Title 18 / Chapter 46 / Section 2060
§ 2060. Violations and penalties
Status: in_force

A person who practices, or offers to practice, nursing home administration in this State, without being licensed in accordance with this chapter; or any person presenting or attempting to use as his or her own the license of another; or a person who gives any false or forged evidence of any kind in attempting to obtain a license; or a person who falsely impersonates another licensee; or a person who attempts to use an expired or revoked license or any person who violates any of the provisions of this chapter shall be subject to the penalties provided in 3 V.S.A. § 127(c).
18 V.S.A. § 1664 — VT Code / Title 18 / Chapter 33 / Section 1664
§ 1664. Sale of personal protective equipment containing PFAS [Repealed effective January 1, 2026]
Status: in_force

(a) A manufacturer or other person that sells firefighting equipment to any person, municipality, or State agency shall provide written notice to the purchaser at the time of sale, citing to this chapter, if the personal protective equipment contains PFAS. The written notice shall include a statement that the personal protective equipment contains PFAS and the reason PFAS are added to the equipment.

(b) The manufacturer or person selling personal protective equipment and the purchaser of the personal protective equipment shall retain the notice for at least three years from the date of the transaction.
18 V.S.A. § 4309 — VT Code / Title 18 / Chapter 85 / Section 4309
§ 4309. Penalty
Status: in_force

A person who violates a provision of this chapter or 6 V.S.A. § 3312(d), for which no other penalty is provided, shall be fined not more than $300.00 for the first offense and, for each subsequent offense, not more than $500.00.
18 V.S.A. § 5208 — VT Code / Title 18 / Chapter 107 / Section 5208
§ 5208. Department of Health; report on statistics
Status: repealed

(a) Notwithstanding the provisions of 2 V.S.A. § 20(d), beginning October 1, 2011 and every two years thereafter, the Vermont Department of Health shall report to the House Committees on Human Services and on Health Care and the Senate Committee on Health and Welfare regarding the number of persons who died during the preceding two calendar years in hospital emergency rooms, in other hospital settings, in their own homes, in a nursing home, in a hospice facility, and in any other setting for which information is available, as well as whether each decedent received hospice care within the last 30 days of his or her life. Beginning with the 2013 report, the Department shall include information on the number of persons who died in hospital intensive care units, assisted living facilities, or residential care homes during the preceding two calendar years.

(b) [Repealed.]
18 V.S.A. § 1513 — VT Code / Title 18 / Chapter 29 / Section 1513
§ 1513. Tanning facilities; minors; penalty
Status: in_force

(a) As used in this section:

(1) “Operator” means a person designated by the tanning facility owner or tanning equipment lessee to operate or to assist and instruct in the operation and use of the tanning facility or tanning equipment.

(2) “Tanning equipment” means any device that emits electromagnetic radiation with wavelengths in the air between 200 and 400 nanometers used for tanning of the skin, including a sunlamp, tanning booth, or tanning bed.

(3) “Tanning facility” means any location, place, area, structure, or business that provides persons access to any tanning equipment, including tanning salons, health clubs, apartments, and condominiums, regardless of whether a fee is charged for access to the tanning equipment.

(b) This section shall apply to any tanning facility in Vermont; provided, however, that it shall not apply to any physician duly licensed to practice medicine who uses, in the practice of medicine, medical diagnostic and therapeutic equipment that emits ultraviolet radiation or to any person who owns tanning equipment exclusively for personal, noncommercial use.

(c) It shall be unlawful for a tanning facility or operator to allow any person who has not yet reached 18 years of age to use any tanning equipment.

(d) Any tanning facility or operator that allows a person under 18 years of age to use any tanning equipment shall be subject to a civil penalty of not more than $100.00 for the first offense and not more than $500.00 for any subsequent offense. An action to enforce this section shall be brought in the Judicial Bureau pursuant to 4 V.S.A. chapter 29.

(e) The Commissioner of Health shall adopt such rules as are necessary to carry out the provisions of this section.

(f) A tanning facility owner, lessee, or operator shall post in a conspicuous place in each tanning facility that the individual owns, leases, or operates in this State a notice developed by the Commissioner of Health addressing the following:

(1) that it is unlawful for a tanning facility or operator to allow a person under 18 years of age to use any tanning equipment;

(2) that a tanning facility or operator that violates the provisions of this section shall be subject to a civil penalty;

(3) that an individual may report a violation of the provisions of this section to his or her local law enforcement agency; and

(4) the health risks associated with tanning.
18 V.S.A. § 1694 — VT Code / Title 18 / Chapter 33C / Section 1694
§ 1694. Rulemaking [Repealed effective January 1, 2026]
Status: in_force

Pursuant to 3 V.S.A. chapter 25, the Commissioner shall adopt any rules necessary for the implementation, administration, and enforcement of this chapter.
18 V.S.A. § 5167 — VT Code / Title 18 / Chapter 106 / Section 5167
§ 5167. Evidence of civil union
Status: in_force

A copy of the record of the civil union received from the town or county clerk, the Commissioner of Health, or the State Archivist shall be presumptive evidence of the civil union in all courts.
18 V.S.A. § 1 — VT Code / Title 18 / Chapter 1 / Section 1
§ 1. General powers of Department of Health
Status: in_force

In accordance with this title, the Department of Health shall have power to supervise and direct the execution of all laws relating to public health and substance abuse.
18 V.S.A. § 1608 — VT Code / Title 18 / Chapter 31 / Section 1608
§ 1608. Withdrawal-Article VIII
Status: in_force

Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.
18 V.S.A. § 9301 — VT Code / Title 18 / Chapter 215 / Section 9301
§ 9301. Policy
Status: in_force

It is the policy of the State of Vermont to ensure that citizens with developmental disabilities receive such protection and assistance as is necessary to allow them to live safely within the communities of this State. In furtherance of this policy, this chapter is enacted to permit the supervision of those individuals who are unable to provide for their own needs on account of developmental disabilities and to protect such persons from violations of their human and civil rights. It is the purpose of this chapter to limit the State's guardianship of people with developmental disabilities who are living in the community to the extent necessary to ensure their safety and well-being.
18 V.S.A. § 5365 — VT Code / Title 18 / Chapter 121 / Section 5365
§ 5365. Damages for want of fence; liability
Status: in_force

When a person or estate is damaged by cattle, horses, sheep, or swine breaking into a public burial ground and injuring a grave, headstone, monument, shrubbery, or flowers, for want of a legal fence around such burial ground, such person or estate may recover of the town double the amount of damages, in a civil action.
18 V.S.A. § 1242 — VT Code / Title 18 / Chapter 24A / Section 1242
§ 1242. Definitions
Status: in_force

As used in this chapter:

(1) “Action level” means four parts per billion (ppb) of lead.

(2) “Alternative water source” means:

(A) water from an outlet within the building or facility that is below the action level; or

(B) containerized, bottled, or packaged drinking water.

(3) “Building” means any structure, facility, addition, or wing that may be occupied or used by children or students.

(4) “Child care provider” has the same meaning as in 33 V.S.A. § 3511.

(5) “Child care facility” or “facility” has the same meaning as in 33 V.S.A. § 3511.

(6) “Commissioner” means the Commissioner of Health.

(7) “Department” means the Department of Health.

(8) “Drinking water” has the same meaning as in 10 V.S.A. § 1671.

(9) “Independent school” has the same meaning as in 16 V.S.A. § 11.

(10) “Outlet” means a drinking water fixture currently or reasonably expected to be used for consumption or cooking purposes, including a drinking fountain, an ice machine, or a faucet as determined by a school district, supervisory union, independent school, or child care provider.

(11) “School district” has the same meaning as in 16 V.S.A. § 11.

(12) “Supervisory union” has the same meaning as in 16 V.S.A. § 11.
18 V.S.A. § 7204 — VT Code / Title 18 / Chapter 173 / Section 7204
§ 7204. Planning; grants; clinics
Status: in_force

The Department is the authority in this State for planning a comprehensive mental health program. It may apply for and receive grants from the federal government and other sources for that planning. It shall operate such clinics and other mental health units as it may consider necessary and shall fulfill the State's responsibilities as to community mental health services, so far as practical.