18 V.S.A. § 4202 — VT Code / Title 18 / Chapter 84 / Section 4202
§ 4202. Powers and duties of the Department of Health
Status: in_force

(a) The Department of Health is authorized and empowered to adopt such rules that in its judgment may be necessary or proper to supplement the provisions of this chapter to effectuate the purposes and intent thereof or to clarify its provisions so as to provide the procedure or details to secure effective and proper enforcement of its provisions.

(b) These rules and determinations, when adopted, shall, until modified or rescinded, have the force and effect of law.

(c) The Commissioner of Health and any representative specifically authorized by the Commissioner shall have the power to administer oaths, compel the attendance of witnesses and the production of books, papers, and records, and to take proof and testimony concerning all matters with which this chapter is concerned.

(d) The rules adopted by the Department of Health under section 4201 of this title for the purpose of determining those drugs defined under that section may be adopted only after prior written notice to the Board of Pharmacy and the Board of Medical Practice and after the Board of Pharmacy and the Board of Medical Practice have had an opportunity to advise the Commissioner of Health with respect to the form and substance of those rules or amendments and to recommend revisions thereof.
18 V.S.A. § 9471 — VT Code / Title 18 / Chapter 221 / Section 9471
§ 9471. Repealed. 2023, No. 127 (Adj. Sess.), § 4(a)(2), eff. July 1, 2029.
Status: in_force

As used in this subchapter:

(1) “Beneficiary” means an individual enrolled in a health plan in which coverage of prescription drugs is administered by a pharmacy benefit manager and includes his or her dependent or other person provided health coverage through that health plan.

(2) “Health insurer” is defined by section 9402 of this title and shall include:

(A) a health insurance company, a nonprofit hospital and medical service corporation, and health maintenance organizations;

(B) an employer, labor union, or other group of persons organized in Vermont that provides a health plan to beneficiaries who are employed or reside in Vermont; and

(C) the State of Vermont and any agent or instrumentality of the State that offers, administers, or provides financial support to State government.

(3) “Health plan” means a health benefit plan offered, administered, or issued by a health insurer doing business in Vermont.

(4) “Pharmacy benefit management” means an arrangement for the procurement of prescription drugs at a negotiated rate for dispensation within this State to beneficiaries, the administration or management of prescription drug benefits provided by a health plan for the benefit of beneficiaries, or any of the following services provided with regard to the administration of pharmacy benefits:

(A) mail service pharmacy;

(B) claims processing, retail network management, and payment of claims to pharmacies for prescription drugs dispensed to beneficiaries;

(C) clinical formulary development and management services;

(D) rebate contracting and administration;

(E) certain patient compliance, therapeutic intervention, and generic substitution programs; and

(F) disease or chronic care management programs.

(5) “Pharmacy benefit manager” means an entity that performs pharmacy benefit management, except an entity that provides pharmacy benefit management services for Vermont Medicaid. The term includes a person or entity in a contractual or employment relationship with an entity performing pharmacy benefit management for a health plan.

(6) “Maximum allowable cost” means the per unit drug product reimbursement amount, excluding dispensing fees, for a group of equivalent multisource generic prescription drugs.

(7) “Pharmacy benefit manager affiliate” means a pharmacy or pharmacist that, directly or indirectly, through one or more intermediaries, is owned or controlled by, or is under common ownership or control with, a pharmacy benefit manager.
18 V.S.A. § 4636 — VT Code / Title 18 / Chapter 91 / Section 4636
§ 4636. Impact of prescription drug costs on health insurance premiums; report
Status: in_force

(a)(1) Each health insurer with more than 1,000 covered lives in this State for major medical health insurance shall report to the Green Mountain Care Board for all covered prescription drugs, including generic drugs, brand-name drugs, and specialty drugs provided in an outpatient setting or sold in a retail setting:

(A) the 25 most frequently prescribed drugs and the average wholesale price for each drug;

(B) the 25 most costly drugs by total plan spending and the average wholesale price for each drug; and

(C) the 25 drugs with the highest year-over-year price increases and the average wholesale price for each drug.

(2) A health insurer shall not be required to provide to the Green Mountain Care Board the actual price paid, net of rebates, for any prescription drug.

(b) The Green Mountain Care Board shall compile the information reported pursuant to subsection (a) of this section into a consumer-friendly report that demonstrates the overall impact of drug costs on health insurance premiums. The data in the report shall be aggregated and shall not reveal information as specific to a particular health benefit plan.

(c) The Board shall publish the report required pursuant to subsection (b) of this section on its website on or before January 1 of each year.
18 V.S.A. § 7256 — VT Code / Title 18 / Chapter 174 / Section 7256
§ 7256. Reporting requirements
Status: in_force

Notwithstanding 2 V.S.A. § 20(d), the Department of Mental Health shall report annually on or before January 15 to the Senate Committee on Health and Welfare and the House Committee on Health Care regarding the extent to which individuals with a mental health condition or psychiatric disability receive care in the most integrated and least restrictive setting available. The Department shall consider measures from a variety of sources, including the Joint Commission, the National Quality Forum, the Centers for Medicare and Medicaid Services, the National Institute of Mental Health, and the Substance Abuse and Mental Health Services Administration. The report shall address:

(1) use of services across the continuum of mental health services;

(2) adequacy of the capacity at each level of care across the continuum of mental health services;

(3) individual experience of care and satisfaction;

(4) individual recovery in terms of clinical, social, and legal results;

(5) performance of the State's mental health system of care as compared to nationally recognized standards of excellence;

(6) ways in which patient autonomy and self-determination are maximized within the context of involuntary treatment and medication;

(7) the number of petitions for involuntary medication filed by the State pursuant to section 7624 of this title and the outcome in each case;

(8) barriers to discharge from mental health inpatient and secure residential levels of care, including recommendations on how to address those barriers;

(9) performance measures that demonstrate results and other data on individuals for whom petitions for involuntary medication are filed; and

(10) progress on alternative treatment options across the system of care for individuals seeking to avoid or reduce reliance on medications, including supported withdrawal from medications.
18 V.S.A. § 9572 — VT Code / Title 18 / Chapter 227 / Section 9572
§ 9572. Meetings of an accountable care organization's governing body
Status: in_force

(a) Application. This section shall apply to all regular, special, and emergency meetings of the governing board of an accountable care organization that contracts with the Vermont Medicaid program, whether the meeting is held in person or by electronic means, as well as to any other assemblage of members of the ACO's governing body at which binding action is taken on behalf of the ACO. For purposes of this section, the term “ACO's governing body” shall also include the governing body of any organization acting as a coordinating entity for two or more ACOs that contract with Vermont Medicaid.

(b) Public meetings; exceptions. Meetings of an accountable care organization's governing body shall be open to the public and shall provide members of the public an opportunity to comment, except that the ACO's governing body may meet in executive session to consider business related to the following:

(1) contracts or contract negotiations for which premature general public knowledge would reasonably place the ACO or another person at a substantial disadvantage;

(2) pending or probable prosecution or civil litigation to which the ACO is or is likely to be a party;

(3) personnel matters;

(4) information that reasonably could be considered a trade secret, as defined in 1 V.S.A. § 317(c)(9);

(5) confidential attorney-client communications;

(6) information prohibited from public disclosure by the terms of an enforceable data use contract to which the ACO is bound; and

(7) information prohibited from public disclosure by the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, or by any other State or federal law.

(c) Notice. An accountable care organization shall make its governing body's meeting schedule available to the public by posting notice of the time and place of each meeting on the ACO's website at least one week before the meeting and the agenda for each meeting at least 48 hours before the meeting, except that if an unforeseen occurrence or condition requires the governing body's immediate attention at an emergency meeting, the ACO shall provide public notice as soon as possible before the meeting occurs.

(d)(1) Minutes and recordings. All portions of each meeting of an ACO's governing body that are open to the public shall either be recorded or minutes shall be taken, and the recordings and minutes shall be posted on the ACO's website within five business days following the meeting.

(2) Meeting minutes shall include the names of all governing body members present at the meeting in person or by electronic means, the names of any other individuals who participated in the meeting, a summary of any public comments provided at the meeting, and all actions taken or considered by the governing body during the meeting.

(e) Participation by electronic or other means.

(1) One or more members of an ACO's governing body may attend a regular, special, or emergency meeting by electronic or other means without being physically present at a designated meeting location.

(2) Any member of the governing body attending a meeting by electronic or other means may participate fully in discussing the governing body's business and voting to take an action, but any vote of the governing body that is not unanimous shall be taken by roll call.

(3) Each member of the governing body who attends a meeting without being physically present at a designated meeting location shall:

(A) identify himself or herself when the meeting is convened; and

(B) be able to hear the conduct of the meeting and be heard throughout the meeting.

(4) If a quorum or more of the members of the governing body attend a meeting without being physically present at a designated meeting location, the agenda required to be posted pursuant to subsection (c) of this section shall designate at least one physical location where a member of the public can attend and participate in the meeting. At least one member of the governing body or one or more members of the ACO's staff shall be present at each designated meeting location.
18 V.S.A. § 5489 — VT Code / Title 18 / Chapter 121 / Section 5489
§ 5489. Service of petition; appointment of commissioners
Status: in_force

The petition with a citation shall be served on the owner of such land like a summons. On such application, the court may appoint three disinterested persons residing in some other town as commissioners.
18 V.S.A. § 304 — VT Code / Title 18 / Chapter 7 / Section 304
§ 304. Rules and procedures; personnel
Status: in_force

The Commissioner may adopt such rules and procedures and employ such personnel as are necessary to carry out the purposes of this subchapter.
18 V.S.A. § 5367 — VT Code / Title 18 / Chapter 121 / Section 5367
§ 5367. Duties of selectboard
Status: in_force

When a town neglects to place one or more of its public burial grounds under the charge of a board of cemetery commissioners, the selectboard shall have power to sell and convey lots in such burial grounds. They shall apply the proceeds of such sales and accept for the town and use legacies, bequests, and gifts for improving and embellishing the grounds.
18 V.S.A. § 6 — VT Code / Title 18 / Chapter 1 / Section 6
§ 6. Interfering with health officers; penalty
Status: in_force

A person who in any way interferes with a local health officer; or the director, chemist, or inspectors of the State laboratory in the performance of their duties under this title shall be fined not more than $50.00 for the first offense and for each subsequent offense shall be fined $100.00.
18 V.S.A. § 4807 — VT Code / Title 18 / Chapter 94 / Section 4807
§ 4807. Authority and accountability for alcoholism services; rules for acceptance into treatment
Status: in_force

(a) The Secretary shall have the authority and accountability for providing or arranging for the provision of a comprehensive system of alcoholism prevention and treatment services.

(b) All State funds appropriated specifically for the prevention and treatment of alcoholism and any federal or private funds that are received by the State for these purposes shall be in the budget of and be administered by a single governmental unit designated by the Secretary. This provision does not apply to the programs of the Department of Corrections.

(c) The Secretary shall adopt rules and standards under 3 V.S.A. chapter 25 for the implementation of the provisions of this chapter. In establishing rules regarding admissions to alcohol treatment programs, the Secretary shall adhere to the following guidelines:

(1) A client shall be initially assigned or transferred to outpatient treatment, unless he or she is found to require medical treatment, detoxification, or residential treatment.

(2) A person shall not be denied treatment solely because he or she has withdrawn from treatment against medical advice on a prior occasion or because he or she has relapsed after earlier treatment.

(3) An individualized treatment plan shall be prepared and maintained on a current basis for each client.

(4) Provision shall be made for a continuum of coordinated treatment services so that a person who leaves a program or a form of treatment shall have available and use other appropriate treatment.
18 V.S.A. § 1759 — VT Code / Title 18 / Chapter 38 / Section 1759
§ 1759. RRPM activities
Status: in_force

(a)(1) RRPM activities include activities that disturb lead-based paint on target housing and child-occupied facilities, unless the property has been certified as lead-free pursuant to subsection (e) of this section. RRPM practices for target rental housing and child care facilities shall minimally include regular inspection of painted surfaces for deterioration, prompt and safe repairs to deteriorated paint, and specialized cleaning after any work that disturbs painted surfaces and at tenant turnover.

(2) RRPM activities, including worksite preparation and cleanup of work areas, in target housing and child-occupied facilities shall be performed only by a person who has successfully completed an accredited RRPM training program or a person who works under the direct, on-site supervision of a person who has successfully completed the training, unless the property is exempt pursuant to subsection (b) or (e) of this section.

(3) A person engaging in RRPM activities shall comply with section 1760 of this chapter and related rules adopted by the Commissioner.

(4) A person engaging in RRPM activities shall take all reasonable precautions to avoid creating lead hazards during any RRPM project that is not a minor RRPM activity.

(5) RRPM activities performed for compensation shall be conducted only by a licensed RRPM supervisor or under the direct, on-site supervision of a licensed RRPM supervisor.

(b) A homeowner residing in and intending to perform RRPM activities in his or her own private residence:

(1) is exempt from this section;

(2) shall comply with section 1760 of this chapter; and

(3) shall dispose of all lead-based paint in accordance with the rules adopted by the Department of Environmental Conservation.

(c) An owner of rental target housing or a child care facility or the owner's representative shall:

(1) file with the Department an RRPM compliance statement pursuant to rules adopted by the Commissioner, unless the property is exempt pursuant to subsection (e) of this section; and

(2) abide by any rules pertaining to the maintenance of lead-based paint and provision of notice to tenants as may be prescribed by the Commissioner.

(d)(1) Prior to entering into a lease agreement, an owner or owner's representative shall provide approved tenants with written materials approved by the Department regarding lead hazards and a copy of the owner's most recent RRPM compliance statement. The written materials approved by the Department pursuant to this subsection shall include information indicating that lead is highly toxic to humans, particularly young children, and may cause permanent neurological damage, even at low exposure levels.

(2) An owner of a facility, or owner's representative, shall fully inform a tenant who intends to operate a child care facility on the premises of the requirements of this section.

(e)(1) A property is exempt from this section if a written inspection report from a licensed lead-based paint inspector-risk assessor states that all accessible surfaces are free of lead-based paint and the owner and person performing RRPM activities have been provided with a copy of the report.

(2) An owner of rental target housing or a child care facility or owner's representative shall provide a copy of the written inspection report to the Department for review and determination of exempt status.

(3) A new written inspection report shall be required to maintain exempt status if lead hazards are created as a result of RRPM activities performed or if previously inaccessible components are exposed after the date of the original written inspection report.

(4) If a property has been remodeled, it is not exempt from this section unless the full requirements of this section have been met.

(f) The Commissioner may adopt rules pursuant to 3 V.S.A. chapter 25 as necessary for the implementation, administration, and enforcement of this section.
18 V.S.A. § 7902 — VT Code / Title 18 / Chapter 187 / Section 7902
§ 7902. Interstate transfers
Status: in_force

(a) The transfer of nonresident patients to out-of-state facilities shall be governed by the Interstate Compact on Mental Health.

(b) The transfer of nonresident patients from an out-of-state institution or hospital to a hospital in Vermont for the purpose of being near relatives or friends shall be in the discretion of the Commissioner, who shall take into consideration the relationship of the patient to his or her family, legal guardian, or friends, in order to maintain those relationships and encourage visits beneficial to the patient.
18 V.S.A. § 4258 — VT Code / Title 18 / Chapter 84 / Section 4258
§ 4258. Overdose prevention; drug-checking for contaminant detection
Status: in_force

(a) Notwithstanding any other provision of law, it shall not be a violation of this chapter for an approved drug-checking service provider to receive, possess, transport, or store samples of a substance that may contain a regulated drug solely for purposes of analyzing the substance to determine its chemical composition and disseminate information regarding the analysis to the provider of the substance.

(b) On-site approved drug-checking service providers shall be permitted to:

(1) collect voluntarily provided residual samples of substances potentially containing regulated drugs, possess, transport, or store samples of a regulated drug solely for purposes of analyzing the substances to determine its chemical composition as a lifesaving intervention;

(2) use any available technologies to analyze the contents of samples to obtain timely, highly accurate information regarding the composition of drugs to prevent overdose and mitigate health risks;

(3) provide results of analysis obtained from drug-checking technology to the person requesting drug services;

(4) disseminate data containing only the results of analysis and containing no personally identifiable information to community members at risk of overdose; and

(5) if necessary, arrange for a sample of a drug or substance to be tested by an approved laboratory.

(c) In operating any drug-checking service, personally identifiable information may be collected from a person providing a controlled substance to an approved drug-checking service provider only as necessary to communicate drug-checking results to the person. Personally identifiable information collected solely for the purposes of communicating drug-checking results shall not be retained or shared by an approved drug-checking service provider.

(d) An employee, contractor, volunteer, or other person acting in the good faith provision of drug-checking services and acting in accordance with established protocols shall not:

(1) be subject to arrest, charge, or prosecution for a violation pursuant to this chapter, including for attempting to, aiding and abetting in, or conspiracy to commit a violation of this chapter;

(2) have their property subject to forfeiture, any civil or administrative penalty, or liability of any kind, including disciplinary action by a professional licensing board, credentialing restrictions, contractual or civil liability, or medical staff or other employment action; or

(3) be denied any right or privilege for actions, conduct, or omissions relating to the operation of a drug-checking service in compliance with this chapter and any rules adopted pursuant to this chapter.

(e) An individual possessing a regulated substance and who provides any portion of the substance to an approved drug-checking service provider pursuant to this section for purposes of obtaining drug-checking services shall not be subject to arrest, charge, or prosecution for possession of a regulated substance pursuant to this chapter or civil or administrative penalty or disciplinary action by a professional licensing board for a violation of this chapter based on the individual's use or attempted use of drug-checking services in accordance with this section. The immunity provisions of this subsection shall apply only to the use and derivative use of evidence gained as a proximate result of an individual seeking drug-checking services and shall not preclude prosecution of the individual on the basis of evidence obtained from an independent source.

(f) Local governments shall not collect, maintain, use, or disclose any personal information relating to an individual from whom local government receives any drug or substance for checking or disposal.

(g) The result of a test carried out by an approved drug-checking service provider shall not be admissible as evidence in any criminal or civil proceeding.

(h)(1) The Department shall provide technical assistance to and develop operating guidelines for drug-checking service providers.

(2) The Department shall coordinate the collection and dissemination of deidentified data related to drug-checking services to inform prevention and public health initiatives.
18 V.S.A. § 1745 — VT Code / Title 18 / Chapter 37 / Section 1745
§ 1745. Enforcement
Status: in_force

A proprietor, or the agent or employee of a proprietor, who observes a person in possession of lighted tobacco products or using tobacco substitutes in apparent violation of this chapter shall ask the person to extinguish all lighted tobacco products or cease using the tobacco substitutes. If the person persists in the possession of lighted tobacco products or use of tobacco substitutes, the proprietor, agent, or employee shall ask the person to leave the premises.
18 V.S.A. § 5011 — VT Code / Title 18 / Chapter 101 / Section 5011
§ 5011. Penalty
Status: in_force

(a) A town clerk who fails to transmit copies of marriage certificates as provided in section 5010 of this title shall be fined not more than $100.00.

(b) The Commissioner or a hearing officer designated by the Commissioner may, after notice and an opportunity for a hearing, impose a civil administrative penalty of not more than $250.00 against a person who fails to perform a duty imposed or violates a prohibition under this part. A hearing under this subsection shall be a contested case subject to the provisions of 3 V.S.A. chapter 25, and the provisions of 3 V.S.A. §§ 809(h), 809a, and 809b related to subpoenas shall extend to the Commissioner, a hearing officer appointed by the Commissioner, and licensed attorneys representing a party.
18 V.S.A. § 5436 — VT Code / Title 18 / Chapter 121 / Section 5436
§ 5436. Perpetual care fund
Status: in_force

A cemetery association established prior to June 1, 1933 may create a perpetual care fund out of surplus money on hand or that has been given to it by will, deed, or otherwise. A cemetery association established after such date shall create such a perpetual care fund by applying thereto from the initial proceeds received from the sale of lots or spaces for the permanent disposition of human remains a sum that shall be equivalent to and not less than 20 percent of the sale price of each lot or space so sold, and such association may at any time increase the same by the addition of surplus money or property received by it by will, deed, or otherwise. (V.S. 1947, § 4071; 1947, No. 202, § 4072; P.L. § 3903; 1933, No. 49, § 24; amended 2021, No. 169 (Adj. Sess.), § 17, eff. January 1, 2023.)
18 V.S.A. § 1106 — VT Code / Title 18 / Chapter 21 / Section 1106
§ 1106. Sexual intercourse when infected with venereal disease
Status: in_force

A person who has sexual intercourse while knowingly infected with gonorrhea or syphilis in a communicable stage shall be imprisoned not more than two years or fined not more than $500.00, or both.
18 V.S.A. § 4502 — VT Code / Title 18 / Chapter 90 / Section 4502
§ 4502. Unapproved stem cell and stem cell-related products; notice; disclosure
Status: in_force

(a) Notice.

(1) A health care practitioner who administers one or more stem cell or stem cell-related products that are not approved by the U.S. Food and Drug Administration shall provide each patient with the following written notice prior to administering any such product to the patient for the first time:

“THIS NOTICE MUST BE PROVIDED TO YOU UNDER VERMONT LAW. This health care practitioner administers one or more stem cell or stem cell-related products that have not been approved by the U.S. Food and Drug Administration. You are encouraged to consult with your primary care provider prior to having an unapproved stem cell or stem cell-related product administered to you.”

(2)(A) The written notice required by subdivision (1) of this subsection (a) shall:

(i) be at least 8.5 by 11 inches and printed in not less than 40-point type; and

(ii) include information on methods for filing a complaint with the applicable licensing authority and for making a consumer inquiry, including to the Attorney General's Consumer Assistance Program.

(B) The health care practitioner shall also prominently display the written notice required by subdivision (1) of this subsection (a), along with the information required to be included by subdivision (A)(ii) of this subdivision (2), at the entrance and in an area visible to patients in the health care practitioner's office.

(b) Disclosure.

(1) A health care practitioner who administers stem cell or stem cell-related products that are not approved by the U.S. Food and Drug Administration shall provide a disclosure form to a patient for the patient's signature prior to each administration of an unapproved stem cell or stem cell-related product.

(2) The disclosure form shall state, in language that the patient could reasonably be expected to understand, the stem cell or stem cell-related product's U.S. Food and Drug Administration approval status.

(3) The health care practitioner shall retain in the patient's medical record a copy of each disclosure form signed and dated by the patient and shall provide a copy of the disclosure form for the patient to take home.

(c) Advertisements. A health care practitioner shall include the notice set forth in subdivision (a)(1) of this section in any advertisements relating to the use of stem cell or stem cell-related products that are not approved by the U.S. Food and Drug Administration. In print advertisements, the notice shall be clearly legible and in a font size not smaller than the largest font size used in the advertisement. For all other forms of advertisements, the notice shall either be clearly legible in a font size not smaller than the largest font size used in the advertisement or clearly spoken.

(d) Nonapplicability. The provisions of this section shall not apply to the following:

(1) a health care practitioner who has obtained approval or clearance for an investigational new drug or device from the U.S. Food and Drug Administration for the use of stem cell or stem cell-related products;

(2) a health care practitioner who administers a stem cell or stem cell-related product pursuant to an employment or other contract to administer stem cell or stem cell-related products on behalf of or under the auspices of an institution certified by the Foundation for the Accreditation of Cellular Therapy, the National Institutes of Health Blood and Marrow Transplant Clinical Trials Network, or AABB, formerly known as the American Association of Blood Banks; or

(3) a health care practitioner who has personally received a formal or informal determination from the U.S. Food and Drug Administration stating that approval is not necessary for the practitioner's specific usage of the stem cell or stem cell-related products.

(e) Violations. A violation of this section constitutes unprofessional conduct under 3 V.S.A. § 129a and 26 V.S.A. § 1354.
18 V.S.A. § 1851 — VT Code / Title 18 / Chapter 42 / Section 1851
§ 1851. Definitions
Status: in_force

As used in this subchapter:

(1) “Hospital” means a hospital required to be licensed under chapter 43 of this title.

(2) “Patient” means a person admitted to a hospital on an inpatient basis.
18 V.S.A. § 2157 — VT Code / Title 18 / Chapter 49 / Section 2157
§ 2157. Records
Status: in_force

(a) Information received by the Department of Health through filed reports, inspections, or as otherwise authorized by law shall:

(1) not be disclosed publicly in a manner that identifies or may lead to the identification of one or more individuals or ambulatory surgical centers;

(2) be exempt from public inspection and copying under the Public Records Act; and

(3) be kept confidential except as it relates to a proceeding regarding licensure of an ambulatory surgical center.

(b) The provisions of subsection (a) of this section shall not apply to the summary reports of violations required to be posted on the Department's website pursuant to section 2156 of this chapter.
18 V.S.A. § 5484 — VT Code / Title 18 / Chapter 121 / Section 5484
§ 5484. Acquisition of gravel by town or association
Status: in_force

(a) When public necessity requires that a burial ground be raised or portions thereof filled up with gravel or earth, and the town or association owning or managing the same cannot agree with the owner of such gravel or earth for its purchase, three or more owners of lots in such burial ground may apply in writing to the selectboard, setting forth such necessity. The selectboard shall then proceed as in case of an application to them by three or more freeholders to lay out a highway. If in their opinion such necessity exists, they shall authorize, in writing, such town or association to take and remove such gravel or earth, use the same for the purposes aforesaid, and appraise the damage to the owner thereof.

(b) Before such town or association takes or removes gravel or earth, as provided in subsection (a) of this section, it shall pay or tender to the owner the amount of damages as appraised by the selectboard.
18 V.S.A. § 7903 — VT Code / Title 18 / Chapter 187 / Section 7903
§ 7903. Transfers to federal facilities
Status: in_force

Upon receipt of a certificate from an agency of the United States that accommodations are available for the care of any individual hospitalized under this part of this title, and that the individual is eligible for care or treatment in a hospital or institution of that agency, the Commissioner may cause his or her transfer to that agency for hospitalization. The judge who ordered the individual to be hospitalized, and the attorney, guardian, if any, spouse, and parent or parents, or if none be known, an interested party, in that order, shall be notified immediately of the transfer by the Commissioner. No person may be transferred to an agency of the United States if he or she is confined pursuant to conviction of any felony or misdemeanor, or if he or she has been acquitted of a criminal charge solely on the ground of mental illness, unless prior to transfer the judge who originally ordered hospitalization of such person enters an order for the transfer after appropriate motion and hearing. Any person so transferred shall be deemed to be hospitalized by that agency pursuant to the original order of hospitalization.
18 V.S.A. § 4246 — VT Code / Title 18 / Chapter 84 / Section 4246
§ 4246. Maintenance
Status: in_force

Law enforcement agencies seizing property under this subchapter shall ensure that the property is properly maintained. Equipment and conveyances seized shall be removed to an appropriate place for storage. Any monies, negotiable instruments, or securities seized shall if practicable be deposited in an interest-bearing account pending final disposition by the court unless the seizing agency determines the properties to be of an evidentiary nature and provides for their security in another manner. Any such deposit in an interest-bearing account shall only be accomplished pursuant to a court order directing the same, and the court shall have jurisdiction to enter such order or any other order directing interim disposition of the properties pending final disposition by the court.
18 V.S.A. § 4999 — VT Code / Title 18 / Chapter 101 / Section 4999
§ 4999. Definitions
Status: in_force

As used in this part:

(1) “Issuing agent” means a town clerk or duly authorized representative of the State Registrar who issues certified and noncertified copies of birth and death certificates from the Statewide Registration System.

(2) “Licensed health care professional” means a physician, a physician assistant, or an advanced practice registered nurse. As used in chapter 107 of this part only, the term also includes a naturopathic physician.

(3) “Municipality” or “town” means a city, town, village, unorganized town or gore, or town or gore within the unified towns and gores of Essex County.

(4) “Noncertified copy” means a copy of a vital event certificate issued by a public agency as defined in 1 V.S.A. § 317, other than a certified copy.

(5) “Office of Vital Records” means an office of the Department of Health responsible for the Statewide Registration System and with the authority over vital records provided by law.

(6) “Registrant” means the individual who is the subject of a vital event certificate.

(7) “Statewide Registration System” or “System” means:

(A) the sole official repository of data from birth and death certificates registered on or after January 1, 1909; and

(B) such other data related to vital records as the State Registrar may prescribe.

(8) “Town clerk” or “municipal clerk” or “clerk” means a town clerk, a city clerk, a county clerk acting on behalf of an unorganized town or gore, or the supervisor of the unified towns and gores of Essex County, or a town official or employee designated by the same to act on his or her behalf.

(9) “Vital event certificate” means a birth, death, marriage, or civil union certificate or a report of divorce, annulment, or dissolution. “Vital event certificate” does not include any confidential portion of a report of birth or of death or of a marriage or civil union license or application.

(10) “Vital record” means:

(A) a report of birth, death, fetal death, or induced termination of pregnancy or a preliminary report of death;

(B) a vital event certificate;

(C) a marriage or civil union license;

(D) a burial-transit permit; and

(E) any other records associated with the creation, registration, processing, modification, or disclosure of the records described in this subdivision (10).
18 V.S.A. § 5151 — VT Code / Title 18 / Chapter 105 / Section 5151
§ 5151. Delayed certificates of civil marriage
Status: in_force

(a) A couple married in this State for whom no certificate of civil marriage was filed as required by law, may petition the Probate Division of the Superior Court of the district in which the civil marriage license was obtained to determine the facts with respect to this civil marriage and to order the issuance of a delayed certificate of civil marriage.

(b) The Probate Division of the Superior Court shall set a time for hearing on the petition and, if such court deems necessary, cause the notice of the time and place of the hearing to be given by posting a notice in the probate office. After hearing proper and relevant evidence as may be presented, the court shall make findings with respect to the civil marriage of the couple as are supported by the evidence.

(c) The court shall issue a decree setting forth the facts as found and transmit a certified copy of said facts to the State Registrar.

(d) Where a delayed certificate is to be issued, the State Registrar shall prepare a delayed certificate of civil marriage and transmit it, with the decree, to the clerk of the town where the civil marriage license was issued. This delayed certificate shall have the word “Delayed” printed at the top and shall certify that the certificate was ordered by a court pursuant to this chapter, with the date of the decree. The town clerk shall file the delayed certificate and, in accordance with the provisions of section 5010 of this title, furnish a copy to the State Registrar.

(e) Town clerks receiving new certificates in accordance with this section shall file and index them in the most recent book of marriages and also index them with marriages occurring at the same time.
18 V.S.A. § 1883 — VT Code / Title 18 / Chapter 42B / Section 1883
§ 1883. Disclosure of protected health information required
Status: in_force

(a) When a law enforcement officer responds to an alleged crime committed by a patient at a hospital:

(1) an authorized representative of the hospital shall disclose to the law enforcement officer the following information before the officer removes the patient from the hospital:

(A) information that is sufficient to confirm whether the patient is stabilized, has been evaluated, or is awaiting inpatient care; and

(B) any other information that will be necessary for purposes of safely taking custody of the patient; and

(2) the law enforcement officer shall not remove the patient from the hospital if an authorized representative of the hospital informs the officer that the patient is not stabilized, has not yet been evaluated, or is awaiting inpatient care.

(b) When a law enforcement officer responds to an alleged crime committed by a patient at a scene where emergency medical treatment was or is being provided:

(1) a member of the emergency medical personnel who provided the treatment shall disclose to the law enforcement officer the following information before the officer removes the patient from the emergency medical treatment scene:

(A) information that is sufficient to confirm whether the patient is stabilized, has been evaluated, or is awaiting transport for health care; and

(B) any other information that will be necessary for purposes of safely taking custody of the patient; and

(2) the law enforcement officer shall not remove the patient from the emergency medical treatment scene if a member of the emergency medical personnel who provided the treatment informs the officer that the patient is not stabilized, has not yet been evaluated, or is awaiting transport for health care.

(c) As used in this section:

(1) “Emergency medical personnel” has the same meaning as in 24 V.S.A. § 2651(6).

(2) “Emergency medical treatment” has the same meaning as in 24 V.S.A. § 2651(9).

(3) “Hospital” has the same meaning as in subdivision 1902(1) of this title.

(4) “Stabilized” means that no material deterioration of the patient's medical condition is likely, within reasonable medical probability, to result from or occur during the transport of the patient from the hospital or the emergency medical treatment scene.
18 V.S.A. § 9383 — VT Code / Title 18 / Chapter 220 / Section 9383
§ 9383. Expenditure analysis; health care spending estimate
Status: in_force

(a) The Board shall develop annually an expenditure analysis and an estimate of future health care spending covering a period of at least two years. These analyses shall contain data and information as set forth in this section that the Board shall consider and incorporate into its work in furtherance of its statutory duties, including using them as tools in the Board's review of health insurance rates and the budgets of hospitals and accountable care organizations. The analyses shall:

(1) inform the Board's regulatory processes in order to promote improved health outcomes, health care cost containment, quality of care, access to care, and appropriate resource allocation; and

(2) quantify the total amount of money that has been and is estimated to be expended for all health care services provided by health care facilities and providers in Vermont and for health care services provided to residents of this State regardless of the site of service, to the extent data are available.

(b) The expenditure analysis and the estimate of future health care spending shall include breakdowns for broad sectors such as hospital, physician, mental health, home health, and pharmacy and may include estimates for disease prevention and health promotion activities and other social determinants of health. The analyses shall include:

(1) expenditures by commercial health plans, hospital and medical service corporations, and health maintenance organizations regulated by this State; and

(2) expenditures for Medicare, Medicaid, self-insured employers, and other forms of health coverage, to the extent data are available.

(c) Annually on or before January 15, the Board shall submit the expenditure analysis and the estimate of future health care spending to the House Committees on Appropriations, on Health Care, and on Human Services and the Senate Committees on Appropriations, on Health and Welfare, and on Finance.
18 V.S.A. § 9006 — VT Code / Title 18 / Chapter 209 / Section 9006
§ 9006. Transportation-Article VI
Status: in_force

The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the patient, shall be permitted to transport any patient being moved pursuant to this compact through any and all states party to this compact, without interference.
18 V.S.A. § 9454 — VT Code / Title 18 / Chapter 221 / Section 9454
§ 9454. Hospitals; duties
Status: in_force

(a) Hospitals shall file the following information at the time and place and in the manner established by the Board:

(1) a budget for the forthcoming fiscal year;

(2) financial information, including costs of operation, revenues, assets, liabilities, fund balances, other income, rates, charges, units of services, and wage and salary data;

(3) scope-of-service and volume-of-service information, including inpatient services, outpatient services, and ancillary services by type of service provided;

(4) utilization information;

(5) new hospital services and programs proposed for the forthcoming fiscal year;

(6) costs associated with implementing their security plan pursuant to section 1911b of this title, including capital investments, program operation, and staff;

(7) known depreciation schedules on existing buildings, a four-year capital expenditure projection, and a one-year capital expenditure plan; and

(8) such other information as the Board may require.

(b) Hospitals shall submit information as directed by the Board in order to maximize hospital budget data standardization and allow the Board to make direct comparisons of hospital expenses across the health care system.

(c)(1) General hospitals, as defined in section 1902 of this title, shall adopt a fiscal year that shall begin on October 1.

(2) Psychiatric hospitals, as defined in section 1902 of this title but excluding those conducted, maintained, or operated by the State of Vermont, shall adopt a fiscal year that shall begin on January 1.
18 V.S.A. § 2256 — VT Code / Title 18 / Chapter 51 / Section 2256
§ 2256. Discharge
Status: in_force

The hospital or town asserting a lien pursuant to the provisions of this chapter shall, within 30 days from the date its claim is satisfied, file its certificate of discharge with the town clerk where the lien is filed, and the town clerk shall make proper entry and index of the discharge in the hospital lien docket. All fees for recording of notices or discharges shall be at the expense of the hospital or town filing the same.
18 V.S.A. § 4051 — VT Code / Title 18 / Chapter 82 / Section 4051
§ 4051. Definitions
Status: repealed

As used in this chapter:

(1) The term “Department” means the Vermont Department of Health.

(2) [Repealed.]

(3) The term “person” includes an individual, partnership, corporation, and association.

(4) The term “food” means:

(A) articles used for food or drink for humans or other animals;

(B) chewing gum; and

(C) articles used for components of any such article.

(5) The term “drug” means:

(A) articles recognized in the official U.S. Pharmacopoeia, official homeopathic pharmacopoeia of the United States, or official national formulary, or any supplement to any of them;

(B) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals;

(C) articles (other than food) intended to affect the structure or any function of the body of man or other animals; and

(D) articles intended for use as a component of any article specified in subdivision (A), (B), or (C) of this subdivision (5) but does not include devices or their components, parts, or accessories.

(6)(A) The term “device” (except when used in subdivision (18) of this section and in subdivisions 4052(10), 4060(6), 4064(3), and 4067(3) of this title) means instruments, apparatus, and contrivances, including their components, parts, and accessories, intended:

(i) for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals; or

(ii) to affect the structure of any function of the body of humans or other animals.

(B) The term “device” shall not mean professional diagnostic instruments.

(7) The term “cosmetic” means:

(A) articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance; and

(B) articles intended for use as a component of any such articles, except that such term shall not include soap.

(8) The term “hazardous substance” means any substance or mixture of substances that:

(A) is toxic;

(B) is corrosive;

(C) is an irritant;

(D) is flammable;

(E) is radioactive; or

(F) generates pressure through decomposition, heat, or other means if such substance or mixture of substances may cause substantial personal injury or illness during any customary or reasonably anticipated handling.

(9) The term “toxic” shall apply to any substance that has the inherent capacity to produce bodily injury to humans through ingestion, inhalation, or absorption through the skin.

(10)(A) The term “poison” means any toxic substance that falls within any of the following categories:

(i) produces death within 48 hours in one-half or more than one-half of a group of 10 or more laboratory white rats each weighing between 200 and 300 grams, at a single dose of 50 milligrams or less per kilogram of body weight, when orally administered; or

(ii) produces death within 48 hours in one-half or more than one-half of a group of 10 or more laboratory white rats each weighing between 200 and 300 grams, when inhaled continuously for a period of one hour or less at an atmospheric concentration of two milligrams or less per liter of gas, vapor mist, or dust, provided the concentration is likely to be encountered by man when the substance is used in any reasonably foreseeable manner; or

(iii) produces death within 48 hours in one-half or more than one-half of a group of 10 or more rabbits tested in a dosage of 200 milligrams or less per kilogram of body weight, when administered by continuous contact with the bare skin for 24 hours or less.

(B) If available data on human experience with any substance in the dosages or concentrations described in subdivision (A) of this subdivision (10) indicate results different from those obtained on animals, the human data shall take precedence.

(11) The term “corrosive” means any substance that in contact with living tissue will cause substantial destruction of tissue by chemical action, but shall not refer to action on inanimate surfaces.

(12) The term “irritant” means any substance, not corrosive within the meaning of subdivision (11) of this section, that on immediate, prolonged, or repeated contact with normal living tissue will induce a local inflammatory reaction.

(13) The term “flammable” shall apply to any substance that has a flashpoint of 80 degrees Fahrenheit, or below, as determined by the Tagliabue open cup tester, except that the flammability of the contents of self-pressurized containers shall be determined by methods generally applicable to the containers and established by rules adopted by the Commissioner.

(14) The term “radioactive” shall apply to any substance that as a result of disintegration of unstable atomic nuclei, emits energy.

(15) The term “label” means a display of written, printed, or graphic matter upon the immediate container of any article and a requirement made by or under authority of this chapter that any word, statement, or other information appearing on the label shall not be considered to be complied with unless such word, statement, or other information also appears on the outside container or wrapper, if any there be, of the retail package of the article, or is easily legible through the outside container or wrapper.

(16) The term “immediate container” does not include package liners.

(17) The term “misbranded package” means any retailed package of a hazardous substance, intended for household use, that fails to bear a label:

(A) That states conspicuously:

(i) the name or identifying trade name or trademark and place of business of the manufacturer, packer, or distributor;

(ii) the common or usual name, or the chemical name (if there be no common or usual name) or the recognized generic name (not trade name only) of the hazardous substance or of each component that contributes substantially to its hazard;

(iii) one of the following signal words: “danger, “warning,” or “caution”; when necessary an affirmative statement of the principal hazard or hazards such as “flammable,” “vapor harmful,” “causes burns,” absorbed through skin,” or similar wording descriptive of the hazard;

(iv) precautionary measures describing the action to be followed or avoided;

(v) instructions, when necessary, for the first aid treatment in case of contact or exposure, if the substance is hazardous through contact or exposure;

(vi) the word “poison” for any substance that is defined as poisonous by subdivision (10)(A) of this section;

(vii) instructions for handling or storage; and

(viii) the statement “keep out of the reach of children,” or its practical equivalent; and

(B) On which any statement required under subdivision (A) of this subdivision (17) is located prominently and is in English in legible type in contrast by typography, layout, or color with other printed matter on the label, provided that the Commissioner shall, by rule, provide for minimum information that shall appear on the labels for small packages, which labels need not include all of the information required by this subsection; provided further that the Commissioner may provide for less than the foregoing statement of the hazard or precautionary measures for labels of hazardous substances presenting only minor hazards; and the term “misbranded package” shall not apply to packages of economic poisons subject to the federal Insecticide, Fungicide and Rodenticide Act, to packages of substances subject to the federal Food, Drug and Cosmetic Act or to packages of substances intended for use in agriculture, horticulture, industrial, or related uses. Nothing in this chapter shall be construed to be in conflict or interfere with the administration of 6 V.S.A. chapter 81.

(18) If an article is alleged to be misbranded because the labeling is misleading, or if an advertisement is alleged to be false because it is misleading, then in determining whether the labeling or advertisement is misleading, there shall be taken into account (among other things) not only representations made or suggested by statement, word, design, device, sound, or in any combination thereof, but also the extent to which the labeling or advertisement fails to reveal facts material in the light of such representations, or material with respect to consequences that may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual.

(19) The term “advertisement” means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or that are likely to induce, directly or indirectly, the purchase of food, drugs, devices, or cosmetics.

(20) The representation of a drug, in its labeling or advertisement, as an antiseptic shall be considered to be a representation that it is a germicide, except in the case of a drug purporting to be, or represented as, an antiseptic for inhibitory use as a wet dressing, ointment, dusting powder, or such other use as involves prolonged contact with the body.

(21) The term “new drug” means:

(A) any drug the composition of which is such that such drug is not generally recognized among experts qualified by scientific training and experience to evaluate the safety of drugs, as safe for use under the conditions prescribed, recommended, or suggested in the labeling thereof; or

(B) any drug the composition of which is such that such drug, as a result of investigations to determine its safety for use under such conditions, has become so recognized, but that has not, otherwise than in such investigations, been used to a material extent or for a material time under such conditions.

(22) The term “contaminated with filth” applies to any food, drug, device, or cosmetic not securely protected from dust, dirt, and as far as may be necessary by all reasonable means, from all foreign or injurious contaminations.

(23) The provisions of this chapter regarding the selling of food, drugs, devices, or cosmetics shall be considered to include the manufacture, production, processing, packing, offer, possession, and holding of any such article for sale; and the sale, dispensing, and giving of any such article, and the supplying or applying of any such articles in the conduct of any food, drug, or cosmetic establishment.

(24) The term “federal act” means the federal Food, Drug and Cosmetic Act, 21 U.S.C. § 301 et seq.; 52 Stat. 1040 et seq.
18 V.S.A. § 9418b — VT Code / Title 18 / Chapter 221 / Section 9418b
§ 9418b. Prior authorization
Status: in_force

(a) Health plans shall pay claims for health care services for which prior authorization was required by and received from the health plan, unless:

(1) the insured was not a covered individual at the time the service was rendered;

(2) the insured's benefit limitations were exhausted;

(3) the prior authorization was based on materially inaccurate information from the health care provider;

(4) the health plan has a reasonable belief that fraud or other intentional misconduct has occurred; or

(5) the health plan determines through coordination of benefits that another health insurer is liable for the claim.

(b) Notwithstanding the provisions of subsection (a) of this section, nothing in this section shall be construed to prohibit a health plan from denying continued or extended coverage as part of concurrent review, denying a claim if the health plan is not primarily obligated to pay the claim, or applying payment policies that are consistent with an applicable law, rule, or regulation.

(c)(1)(A) Except as provided in subdivision (B) of this subdivision (1), a health plan shall not impose any prior authorization requirement for any admission, item, service, treatment, or procedure ordered by a primary care provider.

(B) The prohibition set forth in subdivision (A) of this subdivision (1) shall not be construed to prohibit prior authorization requirements for prescription drugs or for an admission, item, service, treatment, or procedure that is provided out-of-network.

(2) As used in this subsection, “primary care provider” means a health care provider who is contracted and enrolled with the health plan as a primary care provider.

(d)(1) A health plan shall furnish, upon request from a health care provider, a current list of services and supplies requiring prior authorization.

(2) A health plan shall make a current list of services and supplies requiring prior authorization available to the public on the insurer's website.

(e) In addition to any other remedy provided by law, if the Commissioner finds that a health plan has engaged in a pattern and practice of violating this section, the Commissioner may impose an administrative penalty against the health plan of no more than $500.00 for each violation and may order the health plan to cease and desist from further violations and order the health plan to remediate the violation. In determining the amount of penalty to be assessed, the Commissioner shall consider the following factors:

(1) the appropriateness of the penalty with respect to the financial resources and good faith of the health plan;

(2) the gravity of the violation or practice;

(3) the history of previous violations or practices of a similar nature;

(4) the economic benefit derived by the health plan and the economic impact on the health care facility or health care provider resulting from the violation; and

(5) any other relevant factors.

(f) Nothing in this section shall be construed to prohibit a health plan from applying payment policies that are consistent with applicable federal or State laws and regulations or to relieve a health plan from complying with payment standards established by federal or State laws and regulations.

(g)(1)(A) Notwithstanding any provision of law to the contrary, on and after March 1, 2014, when requiring prior authorization for prescription drugs, medical procedures, and medical tests, a health plan shall accept for each prior authorization request either:

(i) the national standard transaction information, such as HIPAA 278 standards, for sending or receiving authorizations electronically; or

(ii) a uniform prior authorization form developed pursuant to subdivisions (2) and (3) of this subsection (g).

(B) A health plan shall have the capability to accept both the national standard transaction information and the uniform prior authorization forms developed pursuant to subdivisions (2) and (3) of this subsection (g).

(2)(A) Not later than September 1, 2013, the Department of Financial Regulation shall develop a clear, uniform, and readily accessible prior authorization form for prior authorization requests for medical procedures and medical tests.

(B) Not later than September 1, 2013, the Department of Financial Regulation shall develop clear, uniform, and readily accessible forms for prior authorization requests for prescription drugs after determining the appropriate number of forms.

(3) Each uniform prior authorization form developed pursuant to subdivision (2) of this subsection shall meet the following criteria, where applicable:

(A) The form shall include the core set of common data requirements for nonclinical information for prior authorization included in the HIPAA 278 standard transaction, national standards for prior authorization and electronic prescriptions, or both. The Department shall revise the form as needed to ensure that national standards are adopted and incorporated as soon as such standards are available and final.

(B) The form shall be made available electronically by the Department and by the health plan.

(C) The completed form or its data elements may be submitted electronically from the prescribing health care provider to the health plan.

(D) The Department shall develop the form in consultation with the Department of Vermont Health Access and with input from interested parties from at least one public meeting.

(E) The Department shall consider input on the proposed form from the national ASC X-12 workgroup, if available.

(F) In developing the uniform prior authorization forms, the Department shall take into consideration the following:

(i) existing prior authorization forms established by the federal Centers for Medicare and Medicaid Services, by the Department of Vermont Health Access, and by insurance and Medicaid departments and agencies in other states; and

(ii) national standards related to electronic prior authorization.

(4)(A)(i) For urgent prior authorization requests, a health plan shall approve, deny, or inform the insured or health care provider if any information is missing from a prior authorization request from an insured or a prescribing health care provider within 24 hours following receipt.

(ii) If a health plan informs an insured or a health care provider that more information is necessary for the health plan to make a determination on the request, the health plan shall have 24 hours to approve or deny the request upon receipt of the necessary information.

(B) For nonurgent prior authorization requests:

(i) A health plan shall approve or deny a completed prior authorization request from an insured or a prescribing health care provider within two business days following receipt.

(ii) A health plan shall acknowledge receipt of the prior authorization request within 24 hours following receipt and shall inform the insured or health care provider at that time if any information is missing that is necessary for the health plan to make a determination on the request.

(iii) If a health plan notifies an insured or a health care provider that more information is necessary pursuant to subdivision (ii) of this subdivision (4)(B), the health plan shall have 24 hours to approve or deny the request upon receipt of the necessary information.

(C) If a health plan does not, within the time limits set forth in this section, respond to a completed prior authorization request, acknowledge receipt of the request for prior authorization, or request missing information, the prior authorization request shall be deemed to have been granted.

(D) Prior authorization approval for a prescribed or ordered treatment, service, or course of medication shall be valid for the duration of the prescribed or ordered treatment, service, or course of medication or one year, whichever is longer; provided, however, that for a prescribed or ordered treatment, service, or course of medication that continues for more than one year, a health plan shall not require renewal of the prior authorization approval more frequently than once every five years.

(E) For an insured who is stable on a treatment, service, or course of medication, as determined by a health care provider, that was approved for coverage under a previous health plan, a health plan shall not restrict coverage of that treatment, service, or course of medication for at least 90 days upon the insured's enrollment in the new health plan.

(h)(1) A health plan shall review the list of medical procedures and medical tests for which it requires prior authorization at least annually and shall eliminate the prior authorization requirements for those procedures and tests for which such a requirement is no longer justified or for which requests are routinely approved with such frequency as to demonstrate that the prior authorization requirement does not promote health care quality or reduce health care spending to a degree sufficient to justify the administrative costs to the plan.

(2) A health plan shall attest to the Department of Financial Regulation and the Green Mountain Care Board annually on or before September 15 that it has completed the review and appropriate elimination of prior authorization requirements as required by subdivision (1) of this subsection.
18 V.S.A. § 5374 — VT Code / Title 18 / Chapter 121 / Section 5374
§ 5374. Term
Status: in_force

The commissioner first chosen shall hold office five years, the next four years, the next three years, the next two years, and the last one year. When the term of office of each commissioner expires, a successor shall be chosen for five years. Vacancies in the board may be filled by the remaining commissioners until the next annual meeting. However, a town so voting at an annual town meeting may limit the number of the board to three members and the term of office to three years.
18 V.S.A. § 5250p — VT Code / Title 18 / Chapter 110 / Section 5250p
§ 5250p. Sale or purchase of parts prohibited
Status: in_force

(a) Except as otherwise provided in subsection (b) of this section, no person shall, for valuable consideration, knowingly purchase or sell a part for transplantation or therapy if removal of a part from an individual is intended to occur after the individual's death.

(b) A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a part.

(c) A person who violates subsection (a) of this section shall be imprisoned not more than five years or fined not more than $50,000.00, or both.
18 V.S.A. § 9420 — VT Code / Title 18 / Chapter 221 / Section 9420
§ 9420. Conversion of nonprofit hospitals
Status: repealed

(a) Policy and purpose. The State has a responsibility to ensure that the assets of nonprofit entities, which are impressed with a charitable trust, are managed prudently and are preserved for their proper charitable purposes.

(b) Definitions. As used in this section:

(1) “Charitable assets” means the fair market value of a nonprofit hospital. When a conversion affects only some of the assets of a nonprofit hospital, “charitable assets” means those assets of the hospital that will be so affected.

(2) [Repealed.]

(3) “Conversion” means a transaction or series of transactions described in subdivision (4) of this subsection.

(4) “Convert” means to sell, transfer, lease, exchange, option, commit, convey, or otherwise dispose of assets or operations of a nonprofit hospital. The term does not include transactions occurring in the normal and ordinary course of business for the nonprofit hospital, such as management contracts, vendor contracts, physician-hospital contracts, managed care contracts, financing agreements, or ventures such as letters of credit, or cooperative or networking agreements with for-profit providers.

(5) “Fair market value” means the price that the assets being converted would bring in a competitive and open market under a fair sale with the buyer and seller acting prudently, knowledgeably, at arm's length, and in their own best interests.

(6) “Hospital system” means a network of hospitals affiliated with a nonprofit hospital.

(7) “Nonprofit hospital” means a nonprofit entity, where no part of the net earnings may lawfully be applied to the benefit of any private shareholder or individual, and that is a hospital as defined in section 1902 of this title or a hospital member of a hospital system, provided that the term “hospital” does not include any hospital conducted, maintained, or operated by the U.S. government or the State of Vermont or the duly authorized agency of either.

(8) “Parties” means the nonprofit hospital and any other person who is a party to a conversion described in the application filed pursuant to subsection (e) of this section, including any person that, pursuant to the plan of conversion, is to receive charitable assets or proceeds as a result of the conversion. When, in this section, reference is made to liabilities or obligations of the parties, such liabilities and obligations shall be joint and several.

(9) “Qualifying amount” means an amount that is at least $1 million and represents at least 40 percent of the value of the assets of the nonprofit hospital, or that vests control of the nonprofit hospital in another person or entity. For purposes of determining whether the threshold requirements of this subdivision have been or will be met, related conversions shall be aggregated.

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

(c) Approval required for conversion of qualifying amount of charitable assets. A nonprofit hospital may convert a qualifying amount of charitable assets only with the approval of the Green Mountain Care Board, and either the Attorney General or the Superior Court, pursuant to the procedures and standards set forth in this section.

(d) Exception for conversions in which assets will be owned and controlled by a nonprofit corporation.

(1) Other than subsection (q) of this section and subdivision (2) of this subsection, this section shall not apply to conversions in which the party receiving assets of a nonprofit hospital is a nonprofit corporation.

(2) In any conversion that would have required an application under subsection (e) of this section but for the exception set forth in subdivision (1) of this subsection, notice to or written waiver by the Attorney General shall be given or obtained as if required under 11B V.S.A. § 12.02(g).

(e) Application. Prior to consummating any conversion of a qualifying amount of charitable assets, the parties shall submit an application to the Attorney General and the Green Mountain Care Board, together with any attachments complying with subsection (f) of this section. If any material change occurs in the proposal set forth in the filed application, an amendment setting forth such change, together with copies of all documents and other material relevant to such change, shall be filed with the Attorney General and the Board within two business days, or as soon thereafter as practicable, after any party to the conversion learns of such change. If the conversion involves a hospital system, and one or more of the hospitals in the system desire to convert charitable assets, the Attorney General, in consultation with the Board, shall determine whether an application shall be required from the hospital system.

(f) Completion and contents of application.

(1) Within 30 days after receipt of the application, or within 10 days after receipt of any amendment to the application, whichever is longer, the Attorney General, with the Green Mountain Care Board's agreement, shall determine whether the application is complete. The Attorney General shall promptly notify the parties of the date the application is deemed complete or of the reasons for a determination that the application is incomplete. A complete application shall include the following:

(A) A detailed summary of the purposes and material terms of the proposed conversion.

(B) The names and addresses of the parties that have been or will be created as part of the conversion, including a list of all individuals who are or have been chosen as their directors, officers, or board members.

(C) Copies of all organizational documents relating to the parties.

(D) Copies of all contracts and other agreements related to the conversion.

(E) Copies of the most recent audited financial reports of the entities involved.

(F) A detailed description of all assets of the nonprofit hospital, including the value of the assets and the basis for that valuation. For assets included in or otherwise affected by the conversion, the following information is also to be included:

(i) the nature of any restrictions on such assets owned or held by the nonprofit hospital and the purpose or purposes for which such assets were received;

(ii) a statement as to whether the assets will be converted to cash in connection with or as a result of the conversion; and

(iii) a detailed description of all proposed changes in control or ownership of the assets and an explanation regarding whether and if so, how the charitable assets of the nonprofit hospital will continue to be used in a manner consistent with their intended charitable purpose.

(G) A description of the process by which the decision to undertake the conversion and to select the acquiring party and the type and amount of consideration to be given or received in the conversion, if applicable, was reached by the nonprofit hospital, and all documents relating to that process and decision, including minutes, committee or special study reports, correspondence, presentations, audits, and other internal or outside reviews or analyses.

(H) The amount, source, and nature of any consideration to be paid to the nonprofit hospital, its directors, officers, board members, executives, or experts retained by the nonprofit hospital, including prospective employment or consultation.

(I) A detailed description of the structure and functions of any charitable foundation that will receive proceeds of the conversion, including a description of its assets, its mission, the purposes of the foundation, the expected charitable uses of the assets, how it will be broadly based in, and represent, the community affected by the conversion, and how proceeds from the conversion will be controlled.

(J) A certified board resolution or other appropriate document evidencing approval of the conversion by each party involved.

(K) A certification signed by those members, identified by name and title, of the governing body or other person approving the conversion on behalf of the nonprofit hospital that the standards set forth in subsection (j) of this section have been considered in good faith and are met, together with such explanations and other documentation as may be necessary to demonstrate such compliance.

(L) A separate certification from each member of the governing board, the chief executive officer, and other officers designated in the governing documents of the nonprofit hospital, executed under oath, stating whether that director or officer is then, or may become within three years of completion of the conversion a member or shareholder in, or officer, employee, agent, or consultant of, or may otherwise derive any compensation or benefits, directly or indirectly, from any party.

(M) A statement from any party specifying the manner in which it proposes to continue to fulfill the charitable obligations of the nonprofit hospital, if applicable.

(N) Any additional information the Attorney General or Green Mountain Care Board finds necessary or appropriate for the full consideration of the application.

(2) The parties shall make the contents of the application reasonably available to the public prior to any hearing for public comment described in subsection (g) of this section to the extent that they are not otherwise exempt from disclosure under 1 V.S.A. § 317(b).

(g) Notice and hearing for public comment on application.

(1) The Attorney General and the Green Mountain Care Board shall hold one or more public hearings on the transaction or transactions described in the application. A record shall be made of any hearing. The hearing shall commence within 30 days after the determination by the Attorney General that the application is complete. If a hearing is continued or multiple hearings are held, any hearing shall be completed within 60 days after the Attorney General's determination that an application is complete. In determining the number, location, and time of hearings, the Attorney General, in consultation with the Board, shall consider the geographic areas and populations served by the nonprofit hospital and most affected by the conversion and the interest of the public in commenting on the application.

(2) The Attorney General shall provide reasonable notice of any hearing to the parties, the Board, and the public, and may order that the parties bear the cost of notice to the public. Notice to the public shall be provided in newspapers having general circulation in the region affected and shall identify the applicants and the proposed conversion. A copy of the public notice shall be sent to the Office of the Health Care Advocate, to the State Long-Term Care Ombudsman, and to the Senators and members of the House of Representatives representing the county and district and to the clerk, chief municipal officer, and legislative body of the municipality in which the nonprofit hospital is principally located. Upon receipt, the clerk shall post notice in or near the clerk's office and in at least two other public places in the municipality. Any person may testify at a hearing under this section and, within such reasonable time as the Attorney General may prescribe, file written comments with the Attorney General and Board concerning the proposed conversion.

(h) Determination by the Green Mountain Care Board.

(1) The Green Mountain Care Board shall consider the application, together with any report and recommendations from the Board's staff requested by the Board, and any other information submitted into the record, and approve or deny it within 50 days following the last public hearing held pursuant to subsection (g) of this section, unless the Board extends such time up to an additional 60 days with notice prior to its expiration to the Attorney General and the parties.

(2) The Board shall approve the proposed transaction if the Board finds that the application and transaction will satisfy the criteria established in section 9437 of this title. For purposes of applying the criteria established in section 9437, the term “project” shall include a conversion or other transaction subject to the provisions of this subchapter.

(3) A denial by the Board may be appealed to the Supreme Court pursuant to section 9381 of this title. If no appeal is taken or if the Board's order is affirmed by the Supreme Court, the application shall be terminated. A failure of the Board to approve of an application in a timely manner shall be considered a final order in favor of the applicant.

(i) Determination by Attorney General. The Attorney General shall make a determination as to whether the conversion described in the application meets the standards provided in subsection (j) of this section.

(1) If the Attorney General determines that the conversion described in the application meets the standards set forth in subsection (j) of this section, the Attorney General shall approve the conversion and so notify the parties in writing.

(2) If the Attorney General determines that the conversion described in the application does not meet such standards, the Attorney General may not approve the conversion and shall so notify the parties of such disapproval and the basis for it in writing, including identification of the standards listed in subsection (j) of this section that the Attorney General finds not to have been met by the proposed conversion. Nothing in this subsection shall prevent the parties from amending the application to meet any objections of the Attorney General.

(3) The notice of approval or disapproval by the Attorney General under this subsection shall be provided not later than either 60 days following the date of the last hearing held under subsection (g) of this section or 10 days following approval of the conversion by the Board, whichever is later. The Attorney General, for good cause, may extend this period an additional 60 days.

(j) Standards for Attorney General's review. In determining whether to approve a conversion under subsection (i) of this section, the Attorney General shall consider whether:

(1) the governing body of the nonprofit hospital exercised due diligence in deciding to engage in the conversion, selecting the acquiring party, and ensuring that the terms and conditions of the conversion are fair and reasonable to the nonprofit hospital;

(2) the nonprofit hospital will receive fair market value for its charitable assets, and whether the market value of those assets has not been manipulated by the actions of the parties in a manner that causes the value of the assets to decrease;

(3) the conversion will not result in a breach of fiduciary duty, including any undisclosed or material conflicts of interest related to payments or benefits to officers, directors, board members, executives, or experts employed or retained by the parties;

(4) the conversion will not result in private inurement to any person;

(5) the proceeds of the conversion will be used in a manner and place consistent with the public benefit purposes of the nonprofit hospital;

(6) any foundation established to hold the proceeds of the conversion will be representative of and broadly based in the community served by the nonprofit hospital and will be subject to appropriate public accountability standards;

(7) the application contains sufficient information and data to permit the Attorney General and the Green Mountain Care Board to evaluate the conversion and its effects on the public's interests in accordance with this section; and

(8) the conversion plan has made reasonable provision for reports, upon request, to the Attorney General on the conduct and affairs of any person that, as a result of the conversion, is to receive charitable assets or proceeds from the conversion to carry on any part of the public purposes of the nonprofit hospital.

(k) Investigation by Attorney General. The Attorney General may conduct an investigation relating to the conversion pursuant to the procedures set forth generally in 9 V.S.A. § 2460. The Attorney General may contract with such experts or consultants the Attorney General deems appropriate to assist in an investigation of a conversion under this section. The Attorney General may order any party to reimburse the Attorney General for all reasonable and actual costs incurred by the Attorney General in retaining outside professionals to assist with the investigation or review of the conversion.

(l) Superior Court action. If the Attorney General does not approve the conversion described in the application and any amendments, the parties may commence an action in the Superior Court of Washington County, or with the agreement of the Attorney General, of any other county, within 60 days after the Attorney General's notice of disapproval provided to the parties under subdivision (i)(2) of this section. The parties shall notify the Green Mountain Care Board of the commencement of an action under this subsection. The Board shall be permitted to request that the court consider the Board's determination under subsection (h) of this section in its decision under this subsection.

(m) Court determination and order.

(1) Within 45 days after the commencement of an action under subsection (l) of this section, the court shall hold a hearing to determine whether the conversion described in the application and any amendments submitted prior to the Attorney General's notice of disapproval satisfy the standards under subsection (j) of this section that the Attorney General identified in the notice of disapproval as not having been met by the transaction described in the application. The court shall determine the matter within 45 days after the conclusion of the hearing. The court, for good cause, may extend each of the time periods provided in this subsection for its hearing and determination for an additional 30 days, or for a longer period if agreed to by the parties and the Attorney General. The Attorney General shall represent the interests of the public at any hearing under this subsection. The parties shall have the burden to establish that the application, with any amendments that were submitted prior to the Attorney General's notice of disapproval, meets each of the standards of subsection (j) of this section identified in the Attorney General's notice of disapproval as not having been met by the application.

(2) If the court finds that the parties have shown that the conversion described in the application meets the standards of subsection (j) of this section identified in the Attorney General's notice of disapproval as not having been met by the application, the court shall set aside the determination of the Attorney General, and the parties may proceed under this section as if the Attorney General had approved the conversion described in the application.

(3) If the Attorney General substantially prevails in the action, the court may order the parties to reimburse the State for the reasonable value of the Attorney General's services and expenses in defending the action, separate and apart from any amounts the parties are required to pay pursuant to subsection (k) of this section.

(4) Nothing herein shall prevent the Attorney General, while an action brought under subsection (l) of this section is pending, from approving the conversion described in the application, as modified by such terms as are agreed between the parties, the Attorney General, and the Green Mountain Care Board to bring the conversion into compliance with the standards set forth in subsection (j) of this section.

(n) Use of converted assets or proceeds of a conversion approved pursuant to this section. If at any time following a conversion, the Attorney General has reason to believe that converted assets or the proceeds of a conversion are not being held or used in a manner consistent with information provided to the Attorney General, the Board, or a court in connection with any application or proceedings under this section, the Attorney General may investigate the matter pursuant to procedures set forth generally in 9 V.S.A. § 2460 and may bring an action in Washington Superior Court or in the Superior Court of any county where one of the parties has a principal place of business. The court may order appropriate relief in such circumstances, including avoidance of the conversion or transfer of the converted assets or proceeds or the amount of any private inurement to a person or party for use consistent with the purposes for which the assets were held prior to the conversion, and the award of costs of investigation and prosecution under this subsection, including the reasonable value of legal services.

(o) Remedies and penalties for violations.

(1) The Attorney General may bring or maintain a civil action in the Washington Superior Court, or any other county in which one of the parties has its principal place of business, to enjoin, restrain, or prevent the consummation of any conversion that has not been approved in accordance with this section or where approval of the conversion was obtained on the basis of materially inaccurate information furnished by any party to the Attorney General or the Board.

(2) A conversion entered into in violation of any provision of this section may be voided, upon petition of the Attorney General, by the Superior Court of Washington County or the county in which any party has its principal place of business.

(3) If a person violates a provision of this section or any lawful order of a court acting pursuant to this section, the court, upon petition of the Attorney General, may order that person to pay to the State the value of services and expenses incurred by the Attorney General in the investigation and prosecution of the violation, and may:

(A) order that person to cease such activity or other appropriate injunctive relief;

(B) order the disgorgement of any private inurement; and

(C) impose a penalty on that person of up to $1 million.

(4) In determining whether to grant relief under this subsection, and the nature of such relief, the court shall consider whether:

(A) the violation was willful;

(B) any person has derived, or may derive, an economic benefit from the conversion;

(C) the purposes for which the assets had been held by the nonprofit hospital have been frustrated by the violation; and

(D) the interests of the public or the community served by the nonprofit hospital would be jeopardized by voiding the contract.

(p) Conversion of less than a qualifying amount of assets.

(1) The Attorney General may conduct an investigation relating to a conversion pursuant to the procedures set forth generally in 9 V.S.A. § 2460 if the Attorney General has reason to believe that a nonprofit hospital has converted or is about to convert less than a qualifying amount of its assets in such a manner that would:

(A) if it met the qualifying amount threshold, require an application under subsection (e) of this section; and

(B) constitute a conversion that does not meet one or more of the standards set forth in subsection (j) of this section.

(2) The Attorney General, in consultation with the Green Mountain Care Board, may bring an action with respect to any conversion of less than a qualifying amount of assets, according to the procedures set forth in subsection (n) of this section. The Attorney General shall notify the Board of any action commenced under this subsection. The Board shall be permitted to investigate and determine whether the transaction satisfies the criteria established in subdivision (g)(2) of this section, and to request that the court consider the Board's recommendation in its decision under this subsection. In such an action, the Superior Court may enjoin or void any transaction and may award any other relief as provided under subsection (n) of this section.

(3) In any action brought by the Attorney General under this subdivision, the Attorney General shall have the burden to establish that the conversion:

(A) violates one or more of the standards listed in subdivision (j)(1), (3), (4), or (6) of this section; or

(B) substantially violates one or more of the standards set forth in subdivisions (j)(2) and (5) of this section.

(q) Other preexisting authority.

(1) Nothing in this section shall be construed to limit the authority of the Green Mountain Care Board, Attorney General, Department of Health, or a court of competent jurisdiction under existing law, or the interpretation or administration of a charitable gift under 14 V.S.A. § 2328.

(2) This section shall not be construed to limit the regulatory and enforcement authority of the Board, or exempt any applicant or other person from requirements for licensure or other approvals required by law.
18 V.S.A. § 8009 — VT Code / Title 18 / Chapter 189 / Section 8009
§ 8009. Administrative discharge
Status: in_force

(a) The head of the hospital may at any time discharge a voluntary or judicially hospitalized patient whom he or she deems clinically suitable for discharge.

(b) The head of the hospital shall discharge a judicially hospitalized patient when the patient is no longer a patient in need of further treatment. When a judicially hospitalized patient is discharged, the head of the hospital shall notify the applicant, the certifying physician, the Family Division of the Superior Court, and anyone who was notified at the time the patient was hospitalized.

(c) A person responsible for providing treatment other than hospitalization to an individual ordered to undergo a program of alternative treatment, under section 7618 or 7621 of this title, may terminate the alternative treatment to the individual if the provider of this alternative treatment considers the individual clinically suitable for termination of treatment. Upon termination of alternative treatment, the Family Division of the Superior Court shall be so notified by the provider of the alternative treatment.
18 V.S.A. § 9716 — VT Code / Title 18 / Chapter 231 / Section 9716
§ 9716. Reciprocity; choice of law
Status: in_force

Nothing in this chapter limits the enforceability of an advance directive or similar instrument executed in another state or jurisdiction in compliance with the law of that state or jurisdiction. To the extent possible under conflicts of law doctrine, an advance directive executed in Vermont shall be interpreted according to Vermont law.
18 V.S.A. § 4238 — VT Code / Title 18 / Chapter 84 / Section 4238
§ 4238. Second and subsequent offenses
Status: in_force

A person convicted of a second or subsequent offense of violating section 4228, 4230, 4231, 4232, 4233, 4234, 4235, 4236 or 4237 of this title, except a violation of subdivision 4230(a)(1), shall be subject to a term of imprisonment or fined up to twice that authorized by those sections, or both.
18 V.S.A. § 9457 — VT Code / Title 18 / Chapter 221 / Section 9457
§ 9457. Information available to the public
Status: in_force

(a) Information required to be filed under this subchapter shall be made available to the public upon request in accordance with 1 V.S.A. chapter 5, subchapter 3 (Public Records Act), except that information that directly or indirectly identifies individual patients or health care practitioners shall be kept confidential.

(b) Notwithstanding 1 V.S.A. chapter 5, subchapter 2 (Vermont Open Meeting Law) or any provision of this subchapter to the contrary, the Board may examine and discuss confidential information outside a public hearing or meeting.
18 V.S.A. § 7313 — VT Code / Title 18 / Chapter 175 / Section 7313
§ 7313. Board shall visit institution
Status: in_force

The Board shall ascertain by examination and inquiry whether the laws relating to individuals in custody or control are properly observed and may use all necessary means to collect all desired information. It shall carefully inspect every part of the hospital or training school visited with reference to its cleanliness and sanitary condition, determine the number of patients or students in seclusion or restraint, the diet of the patients or students, and any other matters that it considers material. It shall offer to every patient or student an opportunity for an interview with its visiting members or agents, and shall investigate those cases that in its judgment require special investigation and particularly shall ascertain whether any individuals are retained at any hospital or training school who ought to be discharged.
18 V.S.A. § 121 — VT Code / Title 18 / Chapter 3 / Section 121
§ 121. Issuance of search warrants
Status: in_force

(a) Upon application by a health officer or a law enforcement officer, a District or Superior Court judge shall, upon a finding of probable cause, issue a warrant to search a premises for violation of any State or local health statute, rule, ordinance, or permit, or for any public health hazard or public health risk.

(b) Probable cause for a search warrant under this section exists when:

(1) a health officer or law enforcement officer has reason to believe that a State or local health statute, rule, ordinance, or permit has been violated;

(2) a health officer or law enforcement officer has reason to believe that a public health hazard or public health risk may exist on the premises to be searched; or

(3) permission to inspect has been refused and the premises to be searched are subject to routine inspections in connection with a regulatory program conducted pursuant to this title.

(c) The provisions of the Vermont Rules of Criminal Procedure 41(c) shall apply to warrants issued under this section.
18 V.S.A. § 1882 — VT Code / Title 18 / Chapter 42B / Section 1882
§ 1882. Disclosures of protected health information to avert a serious risk of danger
Status: in_force

(a) It is the intent of the General Assembly in this section to negate the Vermont Supreme Court's decision in Kuligoski v. Brattleboro Retreat and Northeast Kingdom Human Services, 2016 VT 54A, and limit mental health professionals' duty to that as established in common law by Peck v. Counseling Service of Addison County, Inc., 146 Vt. 61 (1985).

(b) A mental health professional's duty is established in common law by Peck v. Counseling Service of Addison County, Inc. and requires that “a mental health professional who knows or, based upon the standards of the mental health profession, should know that his or her patient poses a serious risk of danger to an identifiable victim has a duty to exercise reasonable care to protect him or her from that danger.” This duty shall be applied in accordance with State and federal privacy and confidentiality laws.

(c) This section does not limit or restrict claims under State or federal law related to safe patient care, including federal discharge planning regulations within the Conditions of Participation for hospitals, patient care regulations for other federally certified facilities, the Emergency Medical Treatment and Active Labor Act of 1986, Pub. L. No. 99-272, professional licensing standards, or facility licensing standards.

(d) To the extent permitted under federal law, this section does not affect the requirements for mental health professionals to communicate with individuals involved in a patient's care in a manner that is consistent with legal and professional standards, including section 7103 of this title.
18 V.S.A. § 5302 — VT Code / Title 18 / Chapter 121 / Section 5302
§ 5302. Definitions
Status: in_force

As used in this chapter and unless otherwise required by the context:

(1) “Agencies” means town cemeteries; religious or ecclesiastical society cemeteries; cemetery associations; and any person, firm, corporation, or unincorporated association engaged in the business of a cemetery.

(2) “Cemetery” means any plot of ground used or intended to be used for the burial or permanent disposition of the remains of the human dead in a grave, a mausoleum, a columbarium, a vault, or other receptacle.

(3) “Cemetery association” means any corporation now or hereafter organized that is or shall be authorized by its articles to conduct the business of a cemetery.

(4) “Columbarium” means a structure or room or other space in a building or structure of durable and lasting fireproof construction, containing niches, used or intended to be used, to contain the permanent disposition of human remains.

(5) “Community mausoleum” means a structure or building of durable and lasting construction used or intended to be used for the permanent disposition of the remains of deceased persons in crypts or spaces, provided such crypts or spaces are available to or may be obtained by individuals or the public for a price in money or its equivalent.

(6) “Cremated remains” means remains of a deceased person after incineration in a disposition facility.

(7) “Cremation” means the reducing of the remains of deceased persons, by the use of retorts, to cremated remains and the disposal thereof in a columbarium, niche, mausoleum, grave, or in any other manner not contrary to law.

(8) “Crypt” means the chamber in a mausoleum of sufficient size to contain the remains of deceased persons.

(9) “Disposition facility” means a building or structure for the reducing of human remains by means of cremation, alkaline hydrolysis, or natural organic reduction.

(10) “Ecological land management practices” means utilization of land stewardship decision-making processes that account for the best available understanding of ecosystem functions and biological diversity.

(11) “Natural burial ground” means a cemetery maintained using ecological land management practices and without the use of vaults for the burial of unembalmed human remains or human remains embalmed using nontoxic embalming fluids and that rest in either no burial container or in a nontoxic, nonhazardous, plant-derived burial container or shroud.

(12) “Natural organic reduction” means the contained, accelerated conversion of human remains to soil.

(13) “Niche” means a recess in a columbarium used, or intended to be used, for the permanent disposition of human remains of one or more deceased persons.

(14) “Temporary receiving vault” means a vault or crypt in a structure of durable and lasting construction used, or intended to be used, for the temporary deposit of the remains of a deceased person for a period of time not exceeding one year.
18 V.S.A. § 7705 — VT Code / Title 18 / Chapter 183 / Section 7705
§ 7705. Communication and visitation
Status: in_force

(a) Subject to the general rules and regulations of the hospital and except to the extent that the head of the hospital determines that it is necessary for the medical welfare or needs of the patient or the hospital to impose restrictions, every patient is entitled:

(1) to communicate by sealed mail or otherwise with persons, including official agencies, inside or outside the hospital;

(2) to receive visitors and to make and receive telephone calls; and

(3) to exercise all civil rights, including the right to dispose of property, execute instruments, make purchases, enter contractual relationships, and vote on his or her own initiative, unless he or she has been adjudicated incompetent and has not been restored to legal capacity.

(b) Notwithstanding any limitations or restrictions authorized by this section on the right of communication, every patient is entitled to communicate by sealed mail with the Board, the Commissioner, his or her attorney, his or her clergyman, and the District judge, if any, who ordered his or her hospitalization.
18 V.S.A. § 4234b — VT Code / Title 18 / Chapter 84 / Section 4234b
§ 4234b. Ephedrine and pseudoephedrine
Status: in_force

(a) Possession.

(1) No person shall knowingly and unlawfully possess a drug product containing ephedrine base, pseudoephedrine base, or phenylpropanolamine base with the intent to use the product as a precursor to manufacture methamphetamine or another controlled substance.

(2) A person who violates this subsection shall:

(A) if the offense involves possession of less than nine grams of ephedrine base, pseudoephedrine base, or phenylpropanolamine base, be imprisoned not more than one year or fined not more than $2,000.00, or both;

(B) if the offense involves possession of nine or more grams of ephedrine base, pseudoephedrine base, or phenylpropanolamine base, be imprisoned not more than five years or fined not more than $100,000.00, or both.

(b) Sale.

(1) A drug product containing ephedrine base, pseudoephedrine base, or phenylpropanolamine base shall not be distributed at retail to the general public unless it is maintained in a locked display case or behind the counter out of the public's reach.

(2)(A) A retail establishment shall not knowingly complete a sale to a person if the drug product or combination of drug products purchased would surpass a total of more than 3.6 grams within a 24-hour period or nine grams within a 30-day period of ephedrine base, pseudoephedrine base, or phenylpropanolamine base or their isomers.

(B) This subdivision shall not apply to drug products dispensed pursuant to a valid prescription.

(3) A person or business that violates this subdivision shall:

(A) for a first violation be assessed a civil penalty of not more than $100.00; and

(B) for a second and subsequent violation be assessed a civil penalty of not more than $500.00.

(c) Electronic registry system.

(1)(A) Retail establishments shall use an electronic registry system to record the sale of products made pursuant to subsection (b) of this section. The electronic registry system shall have the capacity to block a sale of nonprescription drug products containing ephedrine base, pseudoephedrine base, or phenylpropanolamine base that would result in a purchaser exceeding the lawful daily or monthly amount. The system shall contain an override function that may be used by an agent of a retail establishment who is dispensing the drug product and who has a reasonable fear of imminent bodily harm to his or her person or to another person if the transaction is not completed. The system shall create a record of each use of the override mechanism.

(B) The electronic registry system shall be available free of charge to the State of Vermont, retail establishments, and local law enforcement agencies.

(C) The electronic registry system shall operate in real time to enable communication among in-state users and users of similar systems in neighboring states.

(D) The State shall use the National Precursor Log Exchange (NPLEx) online portal or its equivalent to host Vermont's electronic registry system.

(2)(A) Prior to completing a sale under subsection (b) of this section, a retail establishment shall require the person purchasing the drug product to present a current, valid, government-issued identification document. The retail establishment shall record in the electronic registry system:

(i) the name and address of the purchaser;

(ii) the name of the drug product and quantity of ephedrine, pseudoephedrine, and phenylpropanolamine base sold in grams;

(iii) the date and time of purchase;

(iv) the form of identification presented, the issuing government entity, and the corresponding identification number; and

(v) the name of the person selling or furnishing the drug product.

(B)(i) If the retail establishment experiences an electronic or mechanical failure of the electronic registry system and is unable to comply with the electronic recording requirement, the retail establishment shall maintain a written log or an alternative electronic record-keeping mechanism until the retail establishment is able to comply fully with this subsection (c).

(ii) If the region of the State where the retail establishment is located does not have broadband Internet access, the retail establishment shall maintain a written log or an alternative electronic record-keeping mechanism until broadband Internet access becomes accessible in that region. At that time, the retail establishment shall come into compliance with this subsection (c).

(C) A retail establishment shall maintain all records of drug product purchases made pursuant to this subsection (c) for a minimum of two years.

(3) A retail establishment shall display a sign at the register provided by NPLEx or its equivalent to notify purchasers of drug products containing ephedrine, pseudoephedrine, or phenylpropanolamine base that:

(A) the purchase of the drug product or products shall result in the purchaser's identity being listed on a national database; and

(B) the purchaser has the right to request the transaction number for any purchase that was denied pursuant to this subsection (c).

(4) A person or retail establishment that violates this subsection shall:

(A) for a first violation be assessed a civil penalty of not more than $100.00; and

(B) for a second or subsequent violation be assessed a civil penalty of not more than $500.00.

(d) This section shall not apply to a manufacturer that has obtained an exemption from the Attorney General of the United States under Section 711(d) of the federal Combat Methamphetamine Epidemic Act of 2005.

(e) As used in this section:

(1) “Distributor” means a person, other than a manufacturer or wholesaler, that sells, delivers, transfers, or in any manner furnishes a drug product to any person that is not the ultimate user or consumer of the product.

(2) “Knowingly” means having actual knowledge of the relevant facts.

(3) “Manufacturer” means a person that produces, compounds, packages, or in any manner initially prepares a drug product for sale or use.

(4) “Wholesaler” means a person, other than a manufacturer, that sells, transfers, or in any manner furnishes a drug product to any other person for the purpose of being resold.
18 V.S.A. § 4810 — VT Code / Title 18 / Chapter 94 / Section 4810
§ 4810. Treatment and services
Status: in_force

(a) When a law enforcement officer encounters a person who, in the judgment of the officer, is intoxicated as defined in section 4802 of this title, the officer may assist the person, if he or she consents, to his or her home, to an approved substance abuse treatment program, or to some other mutually agreeable location.

(b) When a law enforcement officer encounters a person who, in the judgment of the officer, is incapacitated as defined in section 4802 of this title, the person shall be taken into protective custody by the officer. The officer shall transport the incapacitated person directly to an approved substance abuse treatment program with detoxification capabilities or to the emergency room of a licensed general hospital for treatment, except that if a substance abuse crisis team or a designated substance abuse counselor exists in the vicinity and is available, the person may be released to the team or counselor at any location mutually agreeable between the officer and the team or counselor. The period of protective custody shall end when the person is released to a substance abuse crisis team, a designated substance abuse counselor, a clinical staff person of an approved substance abuse treatment program with detoxification capabilities, or a professional medical staff person at a licensed general hospital emergency room. The person may be released to his or her own devices if, at any time, the officer judges him or her to be no longer incapacitated. Protective custody shall in no event exceed 24 hours.

(c) If an incapacitated person is taken to an approved substance abuse treatment program with detoxification capabilities and the program is at capacity, the person shall be taken to the nearest licensed general hospital emergency room for treatment.

(d) A person judged by a law enforcement officer to be incapacitated and who has not been charged with a crime may be lodged in protective custody in a secure facility not operated by the Department of Corrections for up to 24 hours or until judged by the person in charge of the facility to be no longer incapacitated, if and only if:

(1) the person refuses to be transported to an appropriate facility for treatment or, if once there, refuses treatment or leaves the facility before he or she is considered by the responsible staff of that facility to be no longer incapacitated; or

(2) no approved substance abuse treatment program with detoxification capabilities and no staff physician or other medical professional at the nearest licensed general hospital can be found who will accept the person for treatment.

(e) No person shall be lodged in a secure facility under subsection (d) of this section without first being evaluated and found to be indeed incapacitated by a substance abuse crisis team, a designated substance abuse counselor, a clinical staff person of an approved substance abuse treatment program with detoxification capabilities, or a professional medical staff person at a licensed general hospital emergency room.

(f) A secure facility not operated by the Department of Corrections shall not refuse to admit an incapacitated person in protective custody whose admission is requested by a law enforcement officer, in compliance with the conditions of this section.

(g) Notwithstanding subsection (d) of this section, a person under 18 years of age who is judged by a law enforcement officer to be incapacitated and who has not been charged with a crime shall not be held at a lockup or community correctional center. If needed treatment is not readily available, the person shall be released to his or her parent or guardian. If the person has no parent or guardian in the area, arrangements shall be made to house him or her according to the provisions of 33 V.S.A. chapter 53. The official in charge of an adult jail or lockup shall notify the Director of the Office of Drug and Alcohol Abuse Programs of any person under 18 years of age brought to an adult jail or lockup pursuant to this chapter.

(h) If an incapacitated person in protective custody is lodged in a secure facility, his or her family or next of kin shall be notified as promptly as possible. If the person is an adult and requests that there be no notification, his or her request shall be respected.

(i) A taking into protective custody under this section is not an arrest.

(j) Law enforcement officers, persons responsible for supervision in a secure facility, members of a substance abuse crisis team, and designated substance abuse counselors who act under the authority of this section are acting in the course of their official duty and are not criminally or civilly liable therefor, unless for gross negligence or willful or wanton injury.
18 V.S.A. § 5361 — VT Code / Title 18 / Chapter 121 / Section 5361
§ 5361. Appropriations and regulations by towns
Status: in_force

A town may vote sums of money necessary for purchasing, holding, improving, and keeping in repair suitable grounds and other conveniences for permanent disposition of the dead. The selectboard may make necessary regulations concerning public burial grounds and for fencing and keeping the same in proper order.
18 V.S.A. § 1504 — VT Code / Title 18 / Chapter 29 / Section 1504
§ 1504. Distribution of samples of medicine
Status: in_force

A person, firm, or corporation that distributes or causes to be distributed a free or trial sample of a medicine, drug, chemical, or chemical compound, by leaving the same exposed upon the ground, sidewalks, porch, doorway, letter box, or in any other manner that children may become possessed of the same shall be fined not more than $300.00 nor less than $100.00.
18 V.S.A. § 1331 — VT Code / Title 18 / Chapter 26 / Section 1331
§ 1331. Definitions
Status: in_force

As used in this chapter:

(1) “Asbestos” means the asbestiform varieties of chrysotile (serpentine); crocidolite (riebeckite); amosite (cummingtonite-grunerite); anthophyllite; tremolite; and actinolite.

(2) “Asbestos abatement” means the repair, enclosure, removal, encapsulation, or any other activity for the evaluation or control of any material that contains more than one percent asbestos by weight.

(3) “Commissioner” means the Commissioner of Health or the Commissioner's designee.
18 V.S.A. § 4056 — VT Code / Title 18 / Chapter 82 / Section 4056
§ 4056. Proceedings
Status: in_force

(a) Each State's Attorney to whom the Commissioner reports any violation of this chapter shall cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law.

(b) Before any violation of this chapter is reported to any such attorney for the institution of a criminal proceeding, the person against whom the proceeding is contemplated shall be given appropriate notice and an opportunity to present the person's views before the Commissioner or the Commissioner's designated agent, either orally or in writing, in person, or by attorney, with regard to the contemplated proceedings.
18 V.S.A. § 9418f — VT Code / Title 18 / Chapter 221 / Section 9418f
§ 9418f. Rental network contracts
Status: in_force

(a) Definitions. As used in this section:

(1) “Health care services” means services for the diagnosis, prevention, treatment, or cure of a health condition, illness, injury, or disease.

(2)(A) “Provider” means a physician, a physician organization, or a physician hospital organization that is acting exclusively as an administrator on behalf of a provider to facilitate the provider's participation in health care contracts.

(B) “Provider” does not include a physician organization or physician hospital organization that leases or rents the physician organization's or physician hospital organization's network to a covered entity.

(3) “Provider network contract” means a contract between a contracting entity and a provider specifying the rights and responsibilities of the contracting entity and provider for the delivery of and payment for health care services to covered individuals.

(b) Scope. This section shall not apply to:

(1) Provider network contracts for services provided to Medicaid, Medicare, or the State Children's Health Insurance Program (SCHIP) beneficiaries.

(2) Circumstances in which access to the provider network contract is granted to an entity operating under the same brand licensee program as the contracting entity.

(c) Registration.

(1) Any person not otherwise licensed or registered by the Commissioner that intends to conduct business as a contracting entity shall register with the Commissioner prior to commencing business. Each person not licensed or registered by the Commissioner as a contracting entity upon the effective date of this section shall have 30 days within which to register with the Commissioner.

(2) Registration shall consist of the submission of the following information:

(A) the official name of the contracting entity;

(B) the mailing address and main telephone number for the contracting entity's main headquarters; and

(C) the name and telephone number of the contracting entity's representative who shall serve as the primary contact with the Commissioner.

(3) The information required by this subsection shall be submitted in written or electronic format, as prescribed by the Commissioner.

(4) Annually on July 1, each person registered as a contracting entity under this section shall pay to the Commissioner a fee of $200.00. Fees collected under this subdivision shall be deposited into the Health Care Special Fund, number 21070, and shall be available to the Commissioner to offset the cost of administering the registration process.

(d) Contracting entity rights and responsibilities.

(1) A contracting entity may not grant access to a provider's health care services and contractual discounts pursuant to a provider network contract unless:

(A) the provider network contract specifically states that the contracting entity may enter into an agreement with a third party, allowing the third party to obtain the contracting entity's rights and responsibilities under the provider network contract as if the third party were the contracting entity; and

(B) the third party accessing the provider network contract is contractually obligated to comply with all applicable terms, limitations, and conditions of the provider network contract.

(2) A contracting entity that grants access to a provider's health care services and contractual discounts pursuant to a provider network contract shall:

(A) identify and provide to the provider, upon request at the time a provider network contract is entered into with a provider, a written or electronic list of all third parties known at the time of contracting, to which the contracting entity has or will grant access to the provider's health care services and contractual discounts pursuant to a provider network contract;

(B) maintain a website or other readily available mechanism, such as a toll-free telephone number, through which a provider may obtain a listing, updated at least every 90 days, of the third parties to which the contracting entity has executed contracts to grant access to such provider's health care services and contractual discounts pursuant to a provider network contract;

(C) provide the covered entity with sufficient information regarding the provider network contract to enable the covered entity to comply with all relevant terms, limitations, and conditions of the provider network contract;

(D) require that the covered entity who contracts with the contracting entity to gain access to the provider network contract identify the source of the contractual discount taken by the covered entity on each remittance advice or explanation of payment form furnished to a health care provider when such discount is pursuant to the contracting entity's provider network contract;

(E) notify the covered entity who contracts with the contracting entity to gain access to the provider network contract of the termination of the provider network contract not later than 30 days prior to the effective date of the final termination of the provider network contract; and

(F) require those that are by contract eligible to claim the right to access a provider's discounted rate to cease claiming entitlement to those rates or other contracted rights or obligations for services rendered after termination of the provider network contract.

(3) The notice required under subdivision (2)(E) of this subsection can be provided through any reasonable means, including written notice, electronic communication, or an update to an electronic database or other provider listing.

(4) Subject to any applicable continuity of care requirements, agreements, or contractual provisions:

(A) a covered entity's right to access a provider's health care services and contractual discounts pursuant to a provider network contract shall terminate on the date the provider network contract is terminated;

(B) claims for health care services performed after the termination date of the provider network contract are not eligible for processing and payment in accordance with the provider network contract; and

(C) claims for health care services performed before the termination date of the provider network contract, but processed after the termination date, are eligible for processing and payment in accordance with the provider network contract.

(5)(A) All information made available to providers in accordance with the requirements of this section shall be confidential and shall not be disclosed to any person or entity not involved in the provider's practice or the administration thereof without the prior written consent of the contracting entity.

(B) Nothing in this section shall be construed to prohibit a contracting entity from requiring the provider to execute a reasonable confidentiality agreement to ensure that confidential or proprietary information disclosed by the contracting entity is not used for any purpose other than the provider's direct practice management or billing activities.

(e) Rental by third parties prohibited. A covered entity, having itself been granted access to a provider's health care services and contractual discounts pursuant to a provider network contract, may not further lease, rent, or otherwise grant access to the contract to any other person.

(f) Unauthorized access to provider network contracts.

(1) It is a violation of this subchapter subject to enforcement under section 9418g of this title to access or utilize a provider's contractual discount pursuant to a provider network contract without a contractual relationship with the provider, contracting entity, or covered entity, as specified in this section.

(2) Contracting entities and third parties are obligated to comply with subdivision (d)(2)(B) of this section concerning the services referenced on a remittance advice or explanation of payment. A provider may refuse the discount taken on the remittance advice or explanation of payment if the discount is taken without a contractual basis or in violation of these sections. However, an error in the remittance advice or explanation of payment may be corrected within 30 days following notice by the provider.

(3) A contracting entity may not lease, rent, or otherwise grant a covered entity access to a provider network contract unless the covered entity accessing the health care contract is:

(A) a payer, a third party administrator, or another entity that administers or processes claims on behalf of the payer;

(B) a preferred provider organization or preferred provider network, including a physician organization or physician hospital organization; or

(C) an entity engaged in the electronic claims transport between the contracting entity and the payer that does not provide access to the provider's services and a discount to any other covered entity.
18 V.S.A. § 2154 — VT Code / Title 18 / Chapter 49 / Section 2154
§ 2154. Revocation of license; hearing
Status: in_force

The Department of Health, after notice and opportunity for hearing to the applicant or licensee, is authorized to deny, suspend, or revoke a license in any case in which it finds that there has been a substantial failure to comply with the requirements established under this chapter. Such notice shall be served by registered mail or by personal service, shall set forth the reasons for the proposed action, and shall set a date not less than 60 days from the date of the mailing or service on which the applicant or licensee shall be given opportunity for a hearing. After the hearing, or upon default of the applicant or licensee, the Department shall file its findings of fact and conclusions of law. A copy of the findings and decision shall be sent by registered mail or served personally upon the applicant or licensee. The procedure governing hearings authorized by this section shall be in accordance with the usual and customary rules provided for such hearings.
18 V.S.A. § 5140 — VT Code / Title 18 / Chapter 105 / Section 5140
§ 5140. Penalty for misrepresentation
Status: in_force

A person making application to a clerk for a license to marry who makes a material misrepresentation in filling the forms contained in the declaration of intention shall be deemed guilty of perjury and punished accordingly.
18 V.S.A. § 9303 — VT Code / Title 18 / Chapter 215 / Section 9303
§ 9303. Jurisdiction and venue
Status: in_force

(a) The Family Division of the Superior Court shall have exclusive jurisdiction over all proceedings brought under the authority of this chapter. Proceedings under this chapter shall be commenced in the Family Division of the Superior Court for the unit in which the person with developmental disabilities is residing.

(b)(1) The Probate Division of the Superior Court shall have concurrent jurisdiction to appoint the Commissioner to serve as a temporary guardian for a person in need of guardianship when:

(A) a petition has been filed pursuant to 14 V.S.A. § 3063;

(B) the Probate Division of the Superior Court finds that the respondent is a person in need of guardianship as defined in subdivision 9302(5) of this title; and

(C) no suitable private guardian can be located.

(2) Within 60 days after appointment as a temporary guardian, the Commissioner shall file an application in the Family Division of the Superior Court for appointment under this chapter and for modification or termination of the Probate Division order.

Section set out to correct an error in the historical citation.
18 V.S.A. § 9302 — VT Code / Title 18 / Chapter 215 / Section 9302
§ 9302. Definitions
Status: repealed

As used in this chapter:

(1) “Person with developmental disabilities” means:

(A) a person with a severe, chronic disability that must arise before the person reaches the age of 18, and results in:

(i) intellectual disability, autism, or pervasive developmental disorder; and

(ii) deficits in adaptive behavior at least two standard deviations below the mean for a normative comparative comparison group; or

(B) a person with a developmental disability who was receiving services on July 1, 1996.

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

(3) “Near relative” means a spouse, parent, step parent, brother, sister, or grandparent.

(4) “Interested person” means a responsible adult who has a direct interest in a person with developmental disabilities and includes the person with developmental disabilities, a near relative, guardian, public official, social worker, or clergy.

(5) “Person in need of guardianship” means a person who:

(A) has developmental disabilities within the meaning of this chapter;

(B) is unable to personally exercise some or all of the powers and responsibilities described in section 9310 of this title; and

(C) is not receiving the active assistance of a responsible adult to carry out the powers and responsibilities described in section 9310 of this title.

(6) “Guardianship” means the legal status of a person with developmental disabilities who is subject to the Commissioner's exercise of some or all of the powers listed in section 9310 of this title.

(7) [Repealed.]

(8) “Qualified developmental disabilities professional” means a psychologist, physician, registered nurse, educator, or social worker with specialized training or at least one year of experience in working with people with developmental disabilities.

(9) “Respondent” means a person who is the subject of a petition filed pursuant to section 9305 of this title.

(10) “Department” means the Department of Disabilities, Aging, and Independent Living.
18 V.S.A. § 4066 — VT Code / Title 18 / Chapter 82 / Section 4066
§ 4066. Adulterated cosmetic
Status: in_force

A cosmetic shall be deemed to be adulterated:

(1) If it bears or contains any poisonous or deleterious substance that may render it injurious to users under the conditions of use prescribed in the labeling or advertisement thereof, or under such conditions of use as are customary or usual. Provided, that this provision shall not apply to coal tar hair dye the label of which bears the following legend conspicuously displayed thereon: “caution—this product contains ingredients which may cause skin irritation on certain individuals and a preliminary test according to accompanying directions should first be made. This product must not be used for dyeing the eyelashes or eyebrows, to do so may cause blindness,” and the labeling of which bears adequate directions for the preliminary testing. For the purpose of this subdivision and subdivision (5) of this section, the term “hair dye” shall not include eyelash dyes or eyebrow dyes.

(2) If it consists in whole or in part of any filthy, putrid, or decomposed substance.

(3) 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 injurious to health.

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

(5) If it is not a hair dye and 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. § 4031 — VT Code / Title 18 / Chapter 81 / Section 4031
§ 4031. Notice of violations of U.S. statutes
Status: in_force

The Commissioner or the Commissioner's designated agent shall notify the proper prosecuting officer of a violation of a federal law for preventing the adulteration or misbranding of food or drugs.
18 V.S.A. § 5215 — VT Code / Title 18 / Chapter 107 / Section 5215
§ 5215. Burial returns
Status: in_force

A sexton or other person having charge of a cemetery, tomb, or receiving vault, during the first week of each month, shall deliver to the clerk of the town in which such cemetery, tomb, or vault is located the burial-transit and removal permits, properly certified, which he or she received during the preceding month.
18 V.S.A. § 4215 — VT Code / Title 18 / Chapter 84 / Section 4215
§ 4215. Authorized sales by pharmacists
Status: in_force

(a) A duly licensed pharmacist, in good faith and in the course of professional practice, may sell and dispense regulated drugs to any person upon a written prescription or oral prescription that is reduced promptly to writing by the pharmacist by an individual authorized by law to prescribe and administer prescription drugs in the course of professional practice. The written prescription shall be dated and signed by the person prescribing or, if an oral prescription, by the pharmacist on the day when written, and bearing the full name and date of birth of the patient for whom the drug is prescribed, and the full name of the person prescribing. If the prescription is for an animal, the prescription shall state the species of animal for which the drug is prescribed and the full name and address of the owner of the animal. A prescription shall not be refilled unless refilling is authorized by the practitioner on the original prescription or by the original oral order.

(b)(1) The pharmacist filling a Schedule II prescription shall write the date of filling and the pharmacist's own signature on the face of the prescription, or if an electronic prescription, shall enter the date of filling and the pharmacist's name into the electronic record.

(2) Pharmacists shall be subject to the requirements of 21 U.S.C. chapter 13.

(3) Notwithstanding the provisions of subdivision (1) or (2) of this subsection, a prescription for a Schedule II drug written without a future fill date shall not be filled more than 30 days after the date the prescription was issued. A prescription for a Schedule II drug written to be filled at a future date shall not be filled more than 90 days after the date the prescription was issued.

(4) A physician who dispenses regulated drugs as part of his or her regular fee or for an additional fee shall be subject to the same requirements as a pharmacist for the purposes of this section.

(c) The legal owner of any stock of regulated drugs, upon discontinuance of dealing in such drugs, shall promptly sell such drugs to a manufacturer, wholesaler, or pharmacist, but only on an official written order.
18 V.S.A. § 5137 — VT Code / Title 18 / Chapter 105 / Section 5137
§ 5137. Issuance of license
Status: in_force

(a) A town clerk shall issue a civil marriage license to all applicants who have complied with the provisions of section 5131 of this title and who are otherwise qualified under the laws of the State to apply for a license to marry and to contract for such marriage.

(b) An assistant town clerk may perform the duties of a town clerk under this chapter.
18 V.S.A. § 7208 — VT Code / Title 18 / Chapter 173 / Section 7208
§ 7208. Definitions
Status: in_force

As used in this chapter:

(1) “Adult foster care” shall have the same meaning as in 33 V.S.A. § 502.

(2) “Home care services” shall have the same meaning as in 33 V.S.A. § 502.
18 V.S.A. § 8706 — VT Code / Title 18 / Chapter 204 / Section 8706
§ 8706. Voluntary sterilization
Status: in_force

Any person with an intellectual disability over the age of 18, who does not have a guardian with the power to consent to nonemergency surgery, may obtain a voluntary sterilization subject to all of the following preconditions:

(1) the person with an intellectual disability has freely, voluntarily, and without coercion personally requested a physician to perform a sterilization;

(2) the person with an intellectual disability has given informed consent to the sterilization in that:

(A) the physician has provided a complete explanation concerning:

(i) the nature and irreversible consequences of a sterilization procedure; and

(ii) the availability of alternative contraceptive measures;

(B) the physician is satisfied that the consent is based upon an understanding of that information and that before the operation is undertaken the physician personally obtains evidence of the person's retention of that understanding, not less than 10 days following the original explanation;

(C) the consent is in writing and signed by the person with an intellectual disability;

(3) the person with an intellectual disability has been informed and is aware that his or her consent may be withdrawn at any time prior to the operation; and

(4) the physician has reviewed medical records and psychological assessments of the person with an intellectual disability.
18 V.S.A. § 709 — VT Code / Title 18 / Chapter 13 / Section 709
§ 709. Annual report
Status: in_force

(a) The Director of the Blueprint shall report annually, on or before January 31, on the status of implementation of the Vermont Blueprint for Health for the prior calendar year and shall provide the report to the House Committee on Health Care, the Senate Committee on Health and Welfare, and the Health Reform Oversight Committee.

(b) The report required by subsection (a) of this section shall include the number of participating insurers, health care professionals, and patients; the progress made in achieving statewide participation in the chronic care management plan, including the measures established under this subchapter; the expenditures and savings for the period; the results of health care professional and patient satisfaction surveys; the progress made toward creation and implementation of privacy and security protocols; information on the progress made toward the requirements in this subchapter; and other information as requested by the Committees. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under subsection (a) of this section.
18 V.S.A. § 7113 — VT Code / Title 18 / Chapter 171 / Section 7113
§ 7113. Independent examination; payment
Status: in_force

Whenever a court orders an independent examination by a mental health professional or a qualified developmental disabilities professional pursuant to this title or 13 V.S.A. § 4822, the cost of the examination shall be paid by the Department of Disabilities, Aging, and Independent Living or of Mental Health. The mental health professional or qualified developmental disabilities professional may be selected by the court but the Commissioner of Disabilities, Aging, and Independent Living or of Mental Health may adopt a reasonable fee schedule for examination, reports, and testimony.
18 V.S.A. § 5146 — VT Code / Title 18 / Chapter 105 / Section 5146
§ 5146. Penalty for solemnization without license or failure to return
Status: in_force

A person who solemnizes a marriage without first obtaining of the parties the license required by law, or who fails to properly fill out the form thereon provided for his or her use and return the license and certificate of civil marriage to the clerk's office from which it was issued within 10 days from the date of the marriage, shall be fined not less than $10.00.
18 V.S.A. § 8910 — VT Code / Title 18 / Chapter 207 / Section 8910
§ 8910. State aid; fees
Status: in_force

(a) Upon application to the Commissioner by a designated community mental health and developmental disability agency, the Commissioner of the appropriate Department may grant to the agency funds to be used for carrying out its mental health and developmental disability services. Such grant of funds shall be based on a program plan and program budget developed by the agency and submitted to and approved by the Commissioner or Commissioners. The budget plan must indicate cost per unit of service and anticipated fees for services and must represent a balanced plan of anticipated receipts and expenditures.

(b) No State funds shall be distributed to a community mental health agency unless the Commissioner determines that the agency has a reasonable cost per service unit and has established a uniform and reasonable schedule of fees for services provided to those persons who can afford to pay. A policy statement regarding fees, instructions for payment of fees, and fee collection procedures to be used by the agency shall be prepared and updated annually.

(c) Nothing in this section should be interpreted to preclude anyone from receiving the services of the agencies due to inability to pay nor to preclude an agency from bringing an action as provided by law to recover fees due.
18 V.S.A. § 5362 — VT Code / Title 18 / Chapter 121 / Section 5362
§ 5362. Repair; expense; notice
Status: in_force

(a) When lots or walks in a public burial ground become unsightly with weeds or by an unchecked growth of grass or from any other cause, or when headstones or monuments have become displaced or out of repair, the selectboard or board of cemetery commissioners shall cause such lots and walks to be cleared of weeds and grass, the headstones or monuments to be replaced or repaired, or other disfigurements removed, and may draw orders on the town treasurer for the expenses incurred.

(b) When a headstone or monument is to be replaced, the selectboard or board of cemetery commissioners shall notify relatives of the deceased, if known, of the date of the removal and that the relative may claim the removed headstone or monument within 30 days after the date of the notice.
18 V.S.A. § 4245 — VT Code / Title 18 / Chapter 84 / Section 4245
§ 4245. Remission or mitigation of forfeiture
Status: in_force

(a) On petition filed within 90 days after completion of a forfeiture proceeding, a court that issued a forfeiture order pursuant to section 4244 of this title may order that the forfeiture be remitted or mitigated. The petition shall be sworn and shall include all information necessary for its resolution or shall describe where such information can be obtained. Upon receiving a petition, the court shall investigate and may conduct a hearing if in its judgment it would be helpful to the resolution of the petition. The court shall either grant or deny the petition within 90 days.

(b) The court may remit or mitigate a forfeiture upon finding that relief should be granted to avoid extreme hardship or upon finding that the petitioner has a valid, good faith interest in the property that is not held through a straw purchase, trust, or otherwise for the benefit of another and that the petitioner did not at any time have knowledge or reason to believe that the property was being or would be used in violation of the law.
18 V.S.A. § 1774 — VT Code / Title 18 / Chapter 38A / Section 1774
§ 1774. Chemicals of High Concern to Children Working Group
Status: in_force

(a) Creation. The Chemicals of High Concern to Children Working Group (Working Group) is created within the Department of Health for the purpose of providing the Commissioner of Health advice and recommendations regarding implementation of the requirements of this chapter.

(b) Membership.

(1) The Working Group shall be composed of the following members who, except for ex officio members, shall be appointed by the Governor after consultation with the Commissioner of Health:

(A) the Commissioner of Health or designee, who shall be the Chair of the Working Group;

(B) the Commissioner of Environmental Conservation or designee;

(C) the State Toxicologist or designee;

(D) a representative of a public interest group in the State with experience in advocating for the regulation of toxic substances;

(E) a representative of an organization within the State with expertise in issues related to the health of children or pregnant women;

(F) one representative of businesses in the State that use chemicals in a manufacturing or production process or use chemicals that are used in a children's product manufactured in the State;

(G) a scientist with expertise regarding the toxicity of chemicals; and

(H) a representative of the children's products industry with expertise in existing State and national policies impacting children's products.

(2)(A) In addition to the members of the Working Group appointed under subdivision (1) of this subsection, the Governor may appoint up to three additional adjunct members.

(B) An adjunct member appointed under this subdivision (2) shall have expertise or knowledge of the chemical or children's product under review or shall have expertise or knowledge in the potential health effects of the chemical at issue.

(C) Adjunct members appointed under this subdivision (2) shall have the same authority and powers as a member of the Working Group appointed under subdivision (1) of this subsection (b).

(3) The members of the Working Group appointed under subdivision (1) of this subsection shall serve staggered three-year terms. The Governor may remove members of the Working Group who fail to attend three consecutive meetings and may appoint replacements. The Governor may reappoint members to serve more than one term.

(c) Powers and duties. The Working Group shall:

(1) review proposed chemicals for listing as a chemical of high concern to children under section 1773 of this title; and

(2) recommend to the Commissioner of Health whether rules should be adopted under section 1776 of this title to regulate the sale or distribution of a children's product containing a chemical of high concern to children.

(d) Commissioner of Health recommendation; assistance.

(1) Beginning on July 1, 2017, and biennially thereafter, the Commissioner of Health shall recommend at least two chemicals of high concern to children in children's products for review by the Working Group. The Commissioner's recommendations shall be based on the degree of human health risks, exposure pathways, and impact on sensitive populations presented by a chemical of high concern to children.

(2) The Working Group shall have the administrative, technical, and legal assistance of the Department of Health and the Agency of Natural Resources.

(e) Meetings.

(1) The Chair of the Working Group may convene the Working Group at any time, but not less frequently than twice a year.

(2) A majority of the members of the Working Group, including adjunct members when appointed, shall constitute a quorum, and all action shall be taken upon a majority vote of the members present and voting.

(f) Reimbursement. Members of the Working Group, including adjunct members, whose participation is not supported through their employment or association shall receive per diem compensation pursuant to 32 V.S.A. § 1010 and reimbursement of travel expenses. A per diem authorized by this section shall be paid from the budget of the Department of Health.
18 V.S.A. § 7710 — VT Code / Title 18 / Chapter 183 / Section 7710
§ 7710. Visits by clergy or attorney
Status: in_force

A patient's clergy or an attorney at law retained by or on behalf of any patient or appointed for him or her by any court shall be admitted to visit at all reasonable times.
18 V.S.A. § 9442 — VT Code / Title 18 / Chapter 221 / Section 9442
§ 9442. Bonds
Status: in_force

In any circumstance in which bonds are to be or may be issued in connection with a new health care project subject to the provisions of this subchapter, the certificate of need shall include the requirement that all information required to be provided to the bonding agency shall be provided also to the Board within a reasonable period of time. The Board shall be authorized to obtain any information from the bonding agency deemed necessary to carry out the duties of monitoring and oversight of a certificate of need. The bonding agency shall consider the recommendations of the Board in connection with any such proposed authorization.
18 V.S.A. § 2203 — VT Code / Title 18 / Chapter 50 / Section 2203
§ 2203. Collection of fees
Status: in_force

The Department may provide home health care services, including public health nursing and other therapeutic services, to the public in geographical areas where such services are not otherwise available through public or private organizations, and may collect fees for such services where such service is of the type authorized under Pub. L. No. 89-97, the Social Security Amendments of 1965.
18 V.S.A. § 903 — VT Code / Title 18 / Chapter 17 / Section 903
§ 903. Authorization for provision of emergency medical services
Status: in_force

Notwithstanding any other provision of law, including provisions of 26 V.S.A. chapter 23, persons who are affiliated with an affiliated agency and licensed to provide emergency medical treatment pursuant to the requirements of this chapter and the rules adopted under it are hereby authorized to provide such care without further certification, registration, or licensing.
18 V.S.A. § 5250t — VT Code / Title 18 / Chapter 110 / Section 5250t
§ 5250t. Donor registry
Status: repealed

(a) The Department of Health shall ensure that a registry is developed and maintained to identify people who have authorized a document of gift.

(b) The Department of Motor Vehicles is authorized to enter into a data use agreement with an organ procurement organization for the purpose of transmitting information identifying persons who have authorized a document of gift at the time of issuance of a driver's license or driver's license renewal and incorporating such information into a donor registry maintained by the organ procurement organization. Such information shall constitute the Vermont Donor Registry. The Department of Motor Vehicles may secure grants from public and private sources, and receive and disburse funds that are assigned, donated, or bequeathed to the Department to cover the costs of receiving and transmitting the document of gift data. As funds become available, documents of gift may be accepted and data forwarded from persons 16 and 17 years of age and persons being issued nondriver identification cards.

(c) The Vermont Donor Registry shall:

(1) contain a database that includes donors who have authorized an anatomical gift and provide a mechanism for an anatomical gift to be removed from the database;

(2) be accessible to other organ procurement organizations to allow them to obtain relevant information from the donor registry to determine, at or near the time of the death of the donor or a prospective donor, whether the donor or prospective donor has authorized an anatomical gift; and

(3) be accessible 24 hours per day, seven days per week for the purposes specified in subdivisions (1) and (2) of this subsection.

(d) [Repealed.]

(e) Personally identifiable information contained in a donor registry about a donor or prospective donor may not be used or disclosed by any organ procurement organization except with the express consent of the donor, prospective donor, or other person making the anatomical gift for any purpose other than to determine, at or near the time of the death of the donor or prospective donor, whether such donor or prospective donor has made, amended, or revoked an anatomical gift.

(f) Nothing in this section shall be construed to prohibit any person from creating or maintaining a donor registry that is not established under this section, provided that any such registry shall comply with the provisions of subsections (c) and (e) of this section.
18 V.S.A. § 3801 — VT Code / Title 18 / Chapter 79 / Section 3801
§ 3801. Definitions
Status: in_force

As used in this subchapter:

(1)(A) “Health insurer” shall have the same meaning as in section 9402 of this title and shall include:

(i) a health insurance company, a nonprofit hospital and medical service corporation, and health maintenance organizations;

(ii) an employer, a labor union, or another group of persons organized in Vermont that provides a health plan to beneficiaries who are employed or reside in Vermont; and

(iii) except as otherwise provided in section 3805 of this title, the State of Vermont and any agent or instrumentality of the State that offers, administers, or provides financial support to State government.

(B) The term “health insurer” shall not include Medicaid or any other Vermont public health care assistance program.

(2) “Health plan” means a health benefit plan offered, administered, or issued by a health insurer doing business in Vermont.

(3) “Pharmacy” means any individual or entity licensed or registered under 26 V.S.A. chapter 36.

(4) “Pharmacy benefit management” means an arrangement for the procurement of prescription drugs at a negotiated rate for dispensation within this State to beneficiaries, the administration or management of prescription drug benefits provided by a health plan for the benefit of beneficiaries, or any of the following services provided with regard to the administration of pharmacy benefits:

(A) mail service pharmacy;

(B) claims processing, retail network management, and payment of claims to pharmacies for prescription drugs dispensed to beneficiaries;

(C) clinical formulary development and management services;

(D) rebate contracting and administration;

(E) certain patient compliance, therapeutic intervention, and generic substitution programs; and

(F) disease or chronic care management programs.

(5) “Pharmacy benefit manager” means an entity that performs pharmacy benefit management. The term includes a person or entity in a contractual or employment relationship with an entity performing pharmacy benefit management for a health plan.

(6) “Responsible party” means the entity, including a health insurer or pharmacy benefit manager, responsible for payment of claims for health care services other than:

(A) the individual to whom the health care services were rendered;

(B) that individual's guardian or legal representative; or

(C) the Agency of Human Services, its agents, and contractors.
18 V.S.A. § 4234 — VT Code / Title 18 / Chapter 84 / Section 4234
§ 4234. Depressant, stimulant, and narcotic drugs
Status: in_force

(a) Possession.

(1)(A) Except as provided by subdivision (B) of this subdivision (1), a person knowingly and unlawfully possessing a depressant, stimulant, or narcotic drug, other than heroin or cocaine, shall be imprisoned not more than one year or fined not more than $2,000.00, or both.

(B) A person knowingly and unlawfully possessing 224 milligrams or less of buprenorphine shall not be punished in accordance with subdivision (A) of this subdivision (1).

(2) A person knowingly and unlawfully possessing a depressant, stimulant, or narcotic drug, other than heroin or cocaine, consisting of 100 times a benchmark unlawful dosage or its equivalent shall be imprisoned not more than five years or fined not more than $25,000.00, or both.

(3) A person knowingly and unlawfully possessing a depressant, stimulant, or narcotic drug, other than heroin or cocaine, consisting of 1,000 times a benchmark unlawful dosage or its equivalent shall be imprisoned not more than 10 years or fined not more than $100,000.00, or both.

(4) A person knowingly and unlawfully possessing a depressant, stimulant, or narcotic drug, other than heroin or cocaine, consisting of 10,000 times a benchmark unlawful dosage or its equivalent shall be imprisoned not more than 20 years or fined not more than $500,000.00, or both.

(b) Selling or dispensing.

(1) A person knowingly and unlawfully dispensing a depressant, stimulant, or narcotic drug, other than fentanyl, heroin, or cocaine, shall be imprisoned not more than three years or fined not more than $75,000.00, or both. A person knowingly and unlawfully selling a depressant, stimulant, or narcotic drug, other than fentanyl, cocaine, or heroin, shall be imprisoned not more than five years or fined not more than $25,000.00, or both.

(2) A person knowingly and unlawfully selling or dispensing a depressant, stimulant, or narcotic drug, other than fentanyl, heroin, or cocaine, consisting of 100 times a benchmark unlawful dosage or its equivalent shall be imprisoned not more than 10 years or fined not more than $100,000.00, or both.

(3) A person knowingly and unlawfully selling or dispensing a depressant, stimulant, or narcotic drug, other than fentanyl, heroin, or cocaine, consisting of 1,000 times a benchmark unlawful dosage or its equivalent shall be imprisoned not more than 20 years or fined not more than $500,000.00, or both.

(4) As used in this subsection, “knowingly” means:

(A) the defendant had actual knowledge that one or more preparations, compounds, mixtures, or substances contained the regulated drug identified in the applicable section of this chapter; or

(B) the defendant:

(i) was aware that there is a high probability that one or more preparations, compounds, mixtures, or substances contained the regulated drug identified in the applicable section of this chapter; and

(ii) took deliberate actions to avoid learning that one or more preparations, compounds, mixtures, or substances contained the regulated drug identified in the applicable section of this chapter.

(c) Possession of buprenorphine by a person under 21 years of age.

(1) Except as provided in subdivision (2) of this subsection, a person under 21 years of age who knowingly and unlawfully possesses 224 milligrams or less of buprenorphine commits a civil violation and shall be subject to the provisions of section 4230b of this title.

(2) A person under 16 years of age who knowingly and unlawfully possesses 224 milligrams or less of buprenorphine commits a delinquent act and shall be subject to the provisions of section 4230j of this title.
18 V.S.A. § 5312 — VT Code / Title 18 / Chapter 121 / Section 5312
§ 5312. Limitation of sales
Status: in_force

A lot, section, subdivision, crypt, niche, or any part of the cemetery, community mausoleum, or columbarium shall not be sold, contracted for sale, or offered for sale, until and unless a plat shall be made and recorded in accordance with the terms of this chapter.
18 V.S.A. § 9706 — VT Code / Title 18 / Chapter 231 / Section 9706
§ 9706. When advance directive becomes effective
Status: in_force

(a) An advance directive regarding health care shall become effective:

(1) when a principal's clinician:

(A) determines, after speaking with an interested individual if one is reasonably available, that the principal lacks capacity, and makes specific findings regarding the cause, nature, and projected duration of the principal's lack of capacity;

(B) has made reasonable efforts to notify the principal of the determination; and

(C) has made reasonable efforts to notify the principal's agent or guardian of the determination; or

(2) when the circumstance or condition specified pursuant to subdivision 9702(a)(3) of this title has been met; or

(3) upon execution, if specified pursuant to subdivision 9702(a)(4) of this title.

(b) When a principal has a clinician, the clinician shall certify in the principal's medical record the facts that have caused an advance directive to become effective.

(c) Upon a determination of need by the principal's clinician, or upon the request of the principal, agent, guardian, ombudsman, a mental health patient representative, health care provider, or any interested individual, the principal's clinician, another clinician, or a clinician's designee shall reexamine the principal to determine whether the principal has capacity. The clinician shall document the results of the reexamination in the principal's medical record and shall make reasonable efforts to notify the principal and the agent or guardian, as well as the individual who initiated the new determination of capacity, of the results of the reexamination, if providing such notice is consistent with the requirements of HIPAA.

(d) The authority of an agent to make health care decisions for a principal shall cease in accordance with subsection 9711(c) of this title.

(e) An advance directive regarding disposition of the principal's remains shall become effective upon the death of the principal.
18 V.S.A. § 4393 — VT Code / Title 18 / Chapter 85 / Section 4393
§ 4393. Rulemaking
Status: in_force

The Secretary of Agriculture, Food and Markets shall, subject to approval by the Department of Health, make and adopt such rules as the Secretary deems necessary relating to the construction, operation, and use of such dispensing devices.
18 V.S.A. § 9721 — VT Code / Title 18 / Chapter 231 / Section 9721
§ 9721. Remote witnesses and explainers through March 31, 2024
Status: repealed

(a) [Repealed.]

(b)(1) Notwithstanding any provision of subsection 9703(b) of this title to the contrary, an advance directive executed by a principal between February 15, 2020 and June 15, 2020 shall be deemed to be valid even if the principal signed the advance directive outside the physical presence of one or both of the required witnesses, provided all of the following conditions were met with respect to each remote witness:

(A) the principal and the remote witness were known to each other;

(B) the remote witness was informed about the role of a witness to the execution of an advance directive; and

(C) the principal included on the advance directive the name and contact information for the witness.

(2) An advance directive executed as set forth in subdivision (1) of this subsection shall be valid until June 30, 2021 unless amended, revoked, or suspended by the principal in accordance with this chapter prior to that date.

(c)(1) Notwithstanding any provision of subsection 9703(b) of this title to the contrary, an advance directive executed by a principal between June 15, 2020 and March 31, 2024 shall be deemed to be valid even if the principal signed the advance directive outside the physical presence of one or both of the required witnesses, provided all of the following conditions are met with respect to each remote witness:

(A) the principal and the remote witness were known to each other;

(B) based on video or telephonic communication between the principal and the remote witness, the remote witness attested that the principal seemed to understand the nature of the document and to be free from duress or undue influence at the time the advance directive was signed; and

(C) the principal included on the advance directive the name and contact information for the remote witness and the nature of the principal's relationship to the remote witness.

(2) An advance directive executed as set forth in subdivision (1) of this subsection shall remain valid unless amended, revoked, or suspended by the principal in accordance with this chapter.

(d)(1) Notwithstanding any provision of subsection 9703(d) or (e) of this title to the contrary, an advance directive executed by a principal between February 15, 2020 and March 31, 2024 while the principal was being admitted to or was a resident of a nursing home or residential care facility or was being admitted to or was a patient in a hospital shall be deemed to be valid even if the individual who explained the nature and effect of the advance directive to the principal in accordance with subsection 9703(d) or (e) of this title, as applicable, was not physically present in the same location as the principal at the time of the explanation, provided the individual delivering the explanation was communicating with the principal by video or telephone.

(2) An advance directive executed in accordance with this subsection shall remain valid as set forth in subsection (b) or (c) of this section, as applicable.

(e) On and after April 1, 2024, advance directives shall only be executed in accordance with section 9703 of this chapter.
18 V.S.A. § 1881 — VT Code / Title 18 / Chapter 42B / Section 1881
§ 1881. Disclosure of protected health information prohibited
Status: in_force

(a) As used in this section:

(1) “Business associate” has the same meaning as in 45 C.F.R. § 160.103.

(2) “Covered entity” has the same meaning as in 45 C.F.R. § 160.103.

(3) “Legally protected health care activity” has the same meaning as in 1 V.S.A. § 150.

(4) “Protected health information” has the same meaning as in 45 C.F.R. § 160.103.

(5) “Telehealth” has the same meaning as in 26 V.S.A. § 3052.

(b) A covered entity or business associate shall not disclose protected health information unless the disclosure is permitted under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

(c)(1) Notwithstanding any provision of subsection (b) of this section to the contrary, in order to protect patients and providers who engage in legally protected health care activity and except as set forth in subdivision (2) of this subsection, a covered entity or business associate shall not disclose protected health information that is identifiable or susceptible to reidentification and is related to a legally protected health care activity:

(A) to any government entity other than the State of Vermont or its political subdivisions or instrumentalities if the covered entity or business associate has reason to believe that the information will be used:

(i) to conduct a criminal, civil, administrative, or professional disciplinary investigation into any individual for the mere act of seeking, obtaining, providing, or facilitating a legally protected health care activity;

(ii) to impose criminal, civil, or administrative liability or professional disciplinary action on any individual for the mere act of seeking, obtaining, providing, or facilitating a legally protected health care activity; or

(iii) to identify any individual for any of the activities described in subdivision (i) or (ii) of this subdivision (A); or

(B) for use in a civil or criminal action; a proceeding preliminary to a civil or criminal action; or a probate, legislative, or administrative proceeding.

(2) Notwithstanding any provision of subdivision (1) of this subsection to the contrary, a covered entity or business associate may disclose protected health information that is identifiable or susceptible to reidentification and is related to a legally protected health care activity if the disclosure meets one or more of the following conditions:

(A) The disclosure is authorized by the patient or the patient's conservator, guardian, or other authorized legal representative.

(B) The disclosure is ordered by a court of competent jurisdiction pursuant to federal law, Vermont law, or rules adopted by the Vermont Supreme Court. A State court order compelling disclosure under this subdivision (B) shall include the court's determination that the information will not be used to impose criminal, civil, or administrative liability or professional disciplinary action on any individual based solely on the fact that the person sought, obtained, provided, or facilitated a legally protected health care activity.

(C) The disclosure is to be made to a business associate designated by the covered entity or the covered entity's business associate and will be used solely in the defense of the covered entity or the covered entity's business associate against a claim that has been made, or there is a reasonable belief will be made, against the covered entity or the covered entity's business associate in a civil or criminal action; a proceeding preliminary to a civil or criminal action; or a probate, legislative, or administrative proceeding.

(D) The disclosure is to Vermont's Board of Medical Practice or Office of Professional Regulation, as applicable, in connection with a bona fide investigation in Vermont of a licensed, certified, or registered health care provider or a bona fide investigation of whether an individual who is not licensed, certified, or registered to practice a health care profession in Vermont engaged in unauthorized practice in this State, whether in person or through telehealth.

(E) The disclosure is to the Vermont Department of Health or the Vermont Department of Disabilities, Aging, and Independent Living, or both, in connection with a bona fide investigation of a licensed health care facility in Vermont.

(F) Subject to the limitations set forth in 12 V.S.A. § 7306, the disclosure is required in the ordinary course of business of Vermont's Medicaid program.

(d) A covered entity or business associate shall not be subject to any civil, criminal, or administrative liability or professional disciplinary action for refusing to disclose protected health information that is identifiable or susceptible to reidentification and is related to a legally protected health care activity, in accordance with subsection (c) of this section.
18 V.S.A. § 176 — VT Code / Title 18 / Chapter 4A / Section 176
§ 176. Rulemaking
Status: in_force

The Commissioner shall adopt rules pursuant to 3 V.S.A. chapter 25 to implement this chapter, including rules to govern the operation of the registry, data reported to the registry, and data release protocols.
18 V.S.A. § 9700 — VT Code / Title 18 / Chapter 231 / Section 9700
§ 9700. Purpose and policy
Status: in_force

The State of Vermont recognizes the fundamental right of an adult to determine the extent of health care the individual will receive, including treatment provided during periods of incapacity and at the end of life. This chapter enables adults to retain control over their own health care through the use of advance directives, including appointment of an agent and directions regarding health care and disposition of remains. During periods of incapacity, the decisions by the agent shall be based on the express instructions, wishes, or beliefs of the individual, to the extent those can be determined. This chapter also allows, in limited circumstances in which a patient without capacity has neither an agent nor a guardian, for a surrogate to provide or withhold consent on the patient's behalf for a do-not-resuscitate order or clinician order for life-sustaining treatment.
18 V.S.A. § 32 — VT Code / Title 18 / Chapter 1 / Section 32
§ 32. Educational loan repayment for health care professionals
Status: in_force

(a) The Department of Health shall make funds available to the University of Vermont College of Medicine area health education centers (AHEC) program for loan repayment awards. The Commissioner may require certification of compliance with this section prior to the making of an award.

(b) AHEC shall administer awards in such a way as to comply with the requirements of Section 108(f) of the Internal Revenue Code.

(c) AHEC shall make loan repayment awards in exchange for service commitment by health care professionals and health care educators and shall define the service obligation in a contract with the health care professional or health care educator. Payment awards shall be made directly to the educational loan creditor or lender of the health care professional or health care educator.

(d) Loan repayment awards shall only be available for a health care professional or health care educator who:

(1) is a Vermont resident;

(2) serves Vermont;

(3) accepts patients with coverage under Medicaid, Medicare, or other State-funded health care benefit programs, if applicable; and

(4) has outstanding educational debt acquired in the pursuit of an undergraduate or graduate degree from an accredited college or university that exceeds the amount of the loan repayment award.

(e) Additional eligibility and selection criteria will be developed annually by the Commissioner in consultation with AHEC and may include local goals for improved service, community needs, or other awarding parameters.

(f) The Commissioner may adopt rules in order to implement the program established in this section.

(g) As used in this section:

(1) “Health care educator” shall mean an individual employed by or contracted by an accredited postsecondary institution in Vermont to teach in a health care profession educational program.

(2) “Health care professional” means an individual licensed, certified, or otherwise authorized by law to provide professional health care services in this State to an individual during that individual's medical, mental health, or dental care; treatment or confinement; or in a public health role.

(h) Loan repayment shall be awarded on a rolling basis, provided funds are available, and any funds remaining at the end of a fiscal year shall carry forward and shall be available to the Department of Health and AHEC in the following fiscal year to award additional loan repayment as set forth in this section.
18 V.S.A. § 1129 — VT Code / Title 18 / Chapter 21 / Section 1129
§ 1129. Immunization registry
Status: in_force

(a) A health care provider shall report to the Department all data regarding immunizations of adults and of children under 18 years of age within seven days of the immunization, provided that required reporting of immunizations of adults shall commence within one month after the health care provider has established an electronic health records system and data interface pursuant to the e-health standards developed by the Vermont Information Technology Leaders. A health insurer shall report to the Department all data regarding immunizations of adults and of children under 18 years of age at least quarterly. All data required pursuant to this subsection shall be reported in a format required by the Department.

(b) The Department may use the data to create a registry of immunizations. Registry information shall remain confidential and privileged, except as provided in subsections (c) and (d) of this section. Registry information regarding a particular adult shall be provided, upon request, to the adult, the adult's health care provider, and the adult's health insurer. Registry information regarding a particular minor child may be provided, upon request, to school nurses, or in the absence of a nurse on staff, administrators, and upon request and with written parental consent, to licensed day care providers, to document compliance with Vermont immunization laws. Registry information regarding a particular child shall be provided, upon request to the minor child's parent or guardian, health insurer, and health care provider, or to the child after the child reaches the age of majority.

(c) The Department may exchange confidential registry information with the immunization registries of other states in order to obtain comprehensive immunization records.

(d) The Department may provide confidential registry information to health care provider networks serving Vermont patients; to the Vermont Health Information Exchange; and, with the approval of the Commissioner, to researchers who present evidence of approval from an institutional review board in accordance with 45 C.F.R. § 164.512.

(e) Prior to releasing confidential information pursuant to subsections (c) and (d) of this section, the Commissioner shall obtain from State registries, health care provider networks, the Vermont Health Information Exchange, and researchers a written agreement to keep any identifying information confidential and privileged.

(f) The Department may share registry information for public health purposes in summary, statistical, or other form in which particular individuals are not identified, except as provided in subsections (c) and (d) of this section.

(g) As used in this section, “administrator” means an individual licensed under 16 V.S.A. chapter 5, the majority of whose employed time in a public school, school district, or supervisory union is assigned to developing and managing school curriculum, evaluating and disciplining personnel, or supervising and managing a school system or school program. “Administrator” also means an individual employed by an approved or recognized independent school, the majority of whose assigned time is devoted to those duties.
18 V.S.A. § 1683 — VT Code / Title 18 / Chapter 33B / Section 1683
§ 1683. Repealed. 2023, No. 131 (Adj. Sess.), § 10, eff. 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 aftermarket stain and water resistant treatments for rugs or carpets 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. § 4221 — VT Code / Title 18 / Chapter 84 / Section 4221
§ 4221. Violations; presumptions
Status: in_force

(a) Possession of a false or forged prescription for a regulated drug by any person other than a pharmacist in the pursuance of his or her profession shall be presumptive evidence of his or her intent to use the same for the purpose of illegally obtaining a regulated drug.

(b) The presence of a regulated drug in an automobile, other than a public omnibus, is presumptive evidence of knowing possession thereof by each and every person in the automobile at the time such drug was found; except that such presumption does not apply:

(1) to a duly licensed operator of an automobile who is at the time operating it for hire in the lawful and proper pursuit of his or her trade;

(2) to any person in the automobile if one of them, having obtained the drug and not being under duress, is authorized to possess it and such drug is in the same container as when he or she received possession thereof; or

(3) when the drug is concealed upon the person of one of the occupants.
18 V.S.A. § 8713 — VT Code / Title 18 / Chapter 204 / Section 8713
§ 8713. Confidentiality of proceedings
Status: in_force

All proceedings under this chapter shall be closed to the public, and the records shall be sealed unless requested to be opened by the respondent.
18 V.S.A. § 109 — VT Code / Title 18 / Chapter 3 / Section 109
§ 109. The Commissioner exercising powers of local board of health or health officer
Status: in_force

The Commissioner, in the Commissioner's discretion, may exercise all the powers and authority, in each town and village, that is given to a local health officer or board of health.
18 V.S.A. § 9703 — VT Code / Title 18 / Chapter 231 / Section 9703
§ 9703. Form and execution
Status: in_force

(a) An adult with capacity may execute an advance directive at any time.

(b)(1) The advance directive shall be dated, executed by the principal or by another individual in the principal's presence at the principal's express direction if the principal is physically unable to do so, and signed by two or more witnesses at least 18 years of age, who shall sign and affirm that the principal appeared to understand the nature of the document and to be free from duress or undue influence at the time the advance directive was signed.

(2) On and after April 1, 2024, the principal shall have either signed in the physical presence of the witness or the following conditions shall have been met if the witness is a remote witness:

(A) the principal and the remote witness were known to each other;

(B) based on communication between the principal and the remote witness through a live, interactive, audio-video connection or by telephone, the remote witness attested that the principal seemed to understand the nature of the document and to be free from duress or undue influence at the time the advance directive was signed; and

(C) the principal included on the advance directive the name and contact information for the remote witness and the nature of the principal's relationship to the remote witness.

(3) A health care provider may serve as a witness to the principal's execution of the advance directive under this subsection.

(4) If the principal is being admitted to or is a resident of a nursing home or residential care facility or is being admitted to or is a patient in a hospital at the time of execution, the individual who explained the nature and effect of the advance directive to the principal pursuant to subsection (d) or (e) of this section may also serve as one of the witnesses to the principal's execution of the advance directive under this subsection.

(c) Neither the agent appointed by the principal nor the principal's spouse, parent, adult sibling, adult child, or adult grandchild may witness the advance directive.

(d)(1) An advance directive shall not be effective if, at the time of execution, the principal is being admitted to or is a resident of a nursing home as defined in 33 V.S.A. § 7102 or a residential care facility, unless one of the following individuals explains the nature and effect of an advance directive to the principal and signs a statement affirming that the individual has provided the explanation:

(A) an ombudsman;

(B) a recognized member of the clergy;

(C) an attorney licensed to practice in this State;

(D) a Probate Division of the Superior Court designee;

(E) an individual designated by a hospital pursuant to subsection 9709(d) of this title;

(F) a mental health patient representative;

(G) an individual who is volunteering at the nursing home or residential care facility without compensation and has received appropriate training regarding the explanation of advance directives; or

(H) a clinician, provided the clinician is not employed by the nursing home or residential care facility at the time of the explanation.

(2) It is the intent of this subsection to ensure that residents of nursing homes and residential care facilities are willingly and voluntarily executing advance directives.

(3) The individual who explains the nature and effect of an advance directive to the principal under this subsection 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 or by telephone.

(e)(1) An advance directive shall not be effective if, at the time of execution, the principal is being admitted to or is a patient in a hospital, unless one of the following individuals explains the nature and effect of an advance directive to the principal and signs a statement affirming that the individual has provided the explanation:

(A) an ombudsman;

(B) a recognized member of the clergy;

(C) an attorney licensed to practice in this State;

(D) a Probate Division of the Superior Court designee;

(E) an individual designated by the hospital pursuant to subsection 9709(d) of this title; or

(F) a mental health patient representative.

(2) The individual who explains the nature and effect of an advance directive to the principal under this subsection 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 or by telephone.

(f) A durable power of attorney for health care, terminal care document, or advance directive executed prior to the enactment of this chapter shall be a valid advance directive if the document complies with the statutory requirements in effect at the time the document was executed or with the provisions of this chapter.

(g) A principal, a witness, or an individual who explains an advance directive under subsection (d) or (e) of this section may sign the advance directive or the explanation affirmation statement using a digital signature, provided that, for a remote witness, the conditions set forth in subdivision (b)(2) of this section shall be met.
18 V.S.A. § 9407 — VT Code / Title 18 / Chapter 221 / Section 9407
§ 9407. Repealed. 2011, No. 48, § 32(b). [Effective until January 1, 2026]
Status: in_force

(a)(1) A hospital shall not submit a claim to a health insurer for reimbursement of a prescription drug administered in an outpatient or office setting in an amount that exceeds 120 percent of the average sales price (ASP), as calculated by the Centers for Medicare and Medicaid Services, for any drug for which the hospital charged any health insurer more than 120 percent of the ASP in effect as of April 1, 2025.

(2) For any prescription drug administered in an outpatient or office setting for which a hospital charged a health insurer 120 percent or less of the ASP in effect as of April 1, 2025, the hospital shall not charge the health insurer a greater percentage of the ASP, as calculated by the Centers for Medicare and Medicaid, for that drug than the percentage of the ASP that the hospital charged the health insurer as of April 1, 2025.

(3) A hospital shall update the ASP for each drug annually on January 1 and July 1 based on the Centers for Medicare and Medicaid Services' ASP calculations for the most recent calendar quarter.

(b)(1) The purpose of this section is to reduce health care costs. A hospital shall not charge or collect from the patient or health insurer any amount for a prescription drug administered in an outpatient or office setting that exceeds the amounts set forth in subsection (a) of this section or increase the amounts the hospital charges for other prescription drugs, procedures, tests, imaging, or other health care goods or services in an effort to offset revenue reduced as a result of implementing this section.

(2) If a hospital demonstrates to the Green Mountain Care Board in its budget submissions pursuant to subchapter 7 of this chapter that the price cap set forth in subsection (a) of this section is having a negative impact on access to care, the quality of care, or the sustainability of rural health care services, or a combination of these, the hospital may propose to increase the commercial reimbursement rates for one or more of its service lines, such as primary care, and the Board shall consider both the demonstrated impact and the proposed increase to reimbursement rates.

(c) The provisions of this section shall remain in effect unless and until the Green Mountain Care Board establishes a different reference-based price pursuant to section 9376 of this title that applies to prescription drugs administered in an outpatient or office setting.

(d) This section shall not apply to an independent hospital that is designated as a critical access hospital and that is not affiliated with another hospital or hospital network based in or outside of Vermont.
18 V.S.A. § 9708 — VT Code / Title 18 / Chapter 231 / Section 9708
§ 9708. Authority and obligations of health care providers, health care facilities, and residential care facilities regarding DNR orders and COLST
Status: repealed

(a) As used in this section, “clinician” shall have the same meaning as in section 9701 of this title and shall also include a duly licensed medical doctor, osteopathic physician, advanced practice registered nurse or nurse practitioner, or physician assistant who treated the patient outside Vermont and held a valid license to practice in the state in which the patient was located at the time the DNR/COLST was issued.

(b) A DNR order and a COLST shall be issued on the Department of Health's “Vermont DNR/COLST form” as designated by rule by the Department of Health.

(c) Notwithstanding subsection (b) of this section, health care facilities and residential care facilities may document DNR/COLST orders in the patient's medical record in a facility-specific manner when the patient is in their care.

(d) A DNR order must:

(1) be signed by the patient's clinician;

(2) certify that the clinician has consulted, or made an effort to consult, with the patient, and the patient's agent or guardian, if there is an appointed agent or guardian;

(3) include either:

(A) the name of the patient; agent; guardian, in accordance with 14 V.S.A. § 3075(g); or surrogate giving informed consent for the DNR and the individual's relationship to the patient; or

(B) certification that the patient's clinician and one other named clinician have determined that resuscitation would not prevent the imminent death of the patient, should the patient experience cardiopulmonary arrest; and

(4) if the patient is in a health care facility or a residential care facility, certify that the requirements of the facility's DNR protocol required by section 9709 of this title have been met.

(e) A COLST must:

(1) be signed by the patient's clinician; and

(2) include the name of the patient; agent; guardian, in accordance with 14 V.S.A. § 3075(g); or surrogate giving informed consent for the COLST and the individual's relationship to the patient.

(f) [Repealed.]

(g) A patient's clinician issuing a DNR/COLST order shall:

(1) place a copy of the completed DNR/COLST order in the patient's medical record; and

(2) provide instructions to the patient as to the appropriate means of displaying the DNR/COLST order.

(h) A clinician who issues a DNR order shall authorize issuance of a DNR identification to the patient. Uniform minimum requirements for DNR identification shall be determined by the Department of Health by rule not later than January 1, 2016.

(i) Every health care provider, health care facility, and residential care facility shall honor a DNR/COLST order or a DNR identification unless the provider or facility:

(1) believes in good faith, after consultation with the agent or guardian where possible and appropriate, that:

(A) the patient wishes to have the DNR/COLST order revoked; or

(B) the patient with the DNR identification is not the individual for whom the DNR order was issued; and

(2) documents the basis for the good faith belief in the patient's medical record.

(j) A DNR/COLST order executed prior to July 1, 2011 shall be a valid order if the document complies with the statutory requirements in effect at the time the document was executed or with the provisions of this chapter.

(k) A health care provider shall honor in good faith an out-of-state DNR order, orders for life sustaining treatment, or out-of-state DNR identification if there is no reason to believe that what has been presented is invalid.

(l) A DNR order precludes efforts to resuscitate only in the event of cardiopulmonary arrest and does not affect other therapeutic interventions that may be appropriate for the patient.
18 V.S.A. § 5210 — VT Code / Title 18 / Chapter 107 / Section 5210
§ 5210. Form of burial or removal permit
Status: in_force

If it is desired to bury, entomb, or otherwise dispose of a dead body within the limits of a town where the death occurred, the certificate of permission shall state plainly the time, place, and manner of such burial, entombment, or disposition. If it is desired to remove a dead body from the town where the death occurred, the certificate of permission shall contain the essential facts contained in the certificate of death on which it is issued, shall accompany the body to its destination, and may be accepted as a permit for permanent disposition by a sexton or other person having the care of a cemetery, burial ground, tomb, or receiving vault.
18 V.S.A. § 5073 — VT Code / Title 18 / Chapter 103 / Section 5073
§ 5073. Birth certificate corrections, completions
Status: repealed

(a)(1) Except as otherwise provided in subdivision (2) of this subsection, within six months after the date of birth, the State Registrar may correct or complete a birth certificate in the Statewide Registration System upon application of a parent, the hospital in which the birth occurred, or the certifying attendant.

(2) At any time after the date of birth, the State Registrar may complete a birth certificate to add the name of a parent only upon request of the registrant or his or her parent or guardian and upon the receipt of:

(A) a properly executed voluntary acknowledgment of parentage; or

(B) a decree of a court or administrative agency of competent jurisdiction adjudicating parentage.

(3) Within six months after the date of birth, the State Registrar may complete or change the name of a child upon joint application of the parents or upon application of the parent if only one parent is listed on the birth certificate. A court order shall not be required, except for completions or changes of name more than six months after the date of birth.

(b) If the State Registrar determines that a correction or completion requested under this section is unwarranted, he or she may deny an application, in which case the applicant may petition the Probate Division of the Superior Court. The court shall review the petition and relevant evidence de novo to determine if the correction or completion is warranted. The court shall transmit a decree ordering a correction or completion to the State Registrar, who shall correct or complete the certificate in accordance with the decree.

(c) A corrected or completed certificate shall be free of any evidence of the change and shall not be marked “Amended.” However, the State Registrar shall record and maintain in the Statewide Registration System the source of the information, the nature and content of the change, the identity of the person making the change, and the date the change was made.

(d) [Repealed.]
18 V.S.A. § 9403b — VT Code / Title 18 / Chapter 221 / Section 9403b
§ 9403b. Vermont Steering Committee for Comprehensive Primary Health Care
Status: in_force

(a) There is created the Vermont Steering Committee for Comprehensive Primary Health Care to inform the work of State government, including the Blueprint for Health and the Office of Health Care Reform in the Agency of Human Services, as it relates to access to, delivery of, and payment for primary care services in Vermont.

(b) The Steering Committee shall be composed of the following members:

(1) the Chair of the Department of Family Medicine at the University of Vermont Larner College of Medicine or designee;

(2) the Chair of the Department of Pediatrics at the University of Vermont Larner College of Medicine or designee;

(3) the Associate Dean for Primary Care at the University of Vermont Larner College of Medicine or designee;

(4) the Executive Director of the Vermont Child Health Improvement Program at the University of Vermont Larner College of Medicine or designee;

(5) the President of the Vermont Academy of Family Physicians or designee;

(6) the President of the American Academy of Pediatrics, Vermont Chapter, or designee;

(7) a member of the Green Mountain Care Board's Primary Care Advisory Committee, selected by the Green Mountain Care Board;

(8) the Executive Director of the Blueprint for Health;

(9) a primary care clinician who practices at an independent practice, selected by HealthFirst;

(10) a primary care clinician who practices at a federally qualified health center, selected by Bi-State Primary Care Association;

(11) a primary care physician, selected by the Vermont Medical Society;

(12) a primary care physician assistant, selected by the Physician Assistant Academy of Vermont;

(13) a primary care nurse practitioner, selected by the Vermont Nurse Practitioners Association;

(14) a mental health provider who practices at a community mental health center designated pursuant to section 8907 of this title, selected by Vermont Care Partners;

(15) a licensed independent clinical social worker, selected by the National Association of Social Workers, Vermont Chapter; and

(16) a psychologist, selected by the Vermont Psychological Association.

(c) The Steering Committee shall:

(1) engage in an ongoing assessment of comprehensive primary care needs in Vermont;

(2) provide recommendations for recruiting and retaining high-quality primary care providers, including on ways to encourage new talent to join Vermont's primary care workforce;

(3) develop proposals for sustainable payment models for primary care;

(4) identify methods for enhancing Vermonters' access to primary care;

(5) recommend opportunities to reduce administrative burdens on primary care providers;

(6) recommend mechanisms for measuring the quality of primary care services delivered in Vermont;

(7) provide input regarding comprehensive primary health care for the Statewide Health Care Delivery Strategic Plan as it is developed, updated, and implemented pursuant to section 9403 of this title;

(8) consult with the Green Mountain Care Board in the event that the Board develops reference-based pricing for primary care providers as permitted under subdivision 9376(e)(5) of this title; and

(9) offer additional recommendations and guidance to the Blueprint for Health, the Office of Health Care Reform, the General Assembly, and others in State government on ways to increase access to primary care services and to improve patient and provider satisfaction with primary care delivery in Vermont.

(d) The Steering Committee shall receive administrative and technical assistance from the Agency of Human Services.

(e)(1) The Executive Director of the Blueprint for Health shall call the first meeting of the Steering Committee to occur on or before September 1, 2025.

(2) The Steering Committee shall select a chair from among its members at the first meeting.

(3) A majority of the membership of the Steering Committee shall constitute a quorum.

(f) Members of the Steering Committee shall not receive per diem compensation or reimbursement of expenses for their participation on the Steering Committee.