18 V.S.A. § 9418c — VT Code / Title 18 / Chapter 221 / Section 9418c
§ 9418c. Fair contract standards
Status: in_force

(a) Required information.

(1) Each contracting entity shall provide and each health care contract shall obligate the contracting entity to provide participating health care providers information sufficient for the participating provider to determine the compensation or payment terms for health care services, including all of the following:

(A) The manner of payment, such as fee-for-service, capitation, case rate, or risk.

(B) On request, the fee-for-service dollar amount allowable for each CPT code for those CPT codes that a provider in the same specialty typically uses or that the requesting provider actually bills. Fee schedule information may be provided electronically, at the election of the contracting entity, but a provider may elect to receive a hard copy of the fee schedule information instead of the electronic version.

(C) A clearly understandable, readily available mechanism, such as a specific website address, that includes the following information:

(i) the name of the commercially available claims editing software product that the health plan, contracting entity, covered entity, or payer uses;

(ii) the specific standard or standards from subsection 9418a(c) of this title that the entity uses for claim edits and how those claim edits are supported by those specific standards;

(iii) payment percentages for modifiers; and

(iv) any significant edits, as determined by the health plan, contracting entity, covered entity, or payer, added to the claims software product, which are made at the request of the health plan, contracting entity, covered entity, or payer, and which have been approved by the Commissioner pursuant to subsection 9418a(b) or (c) of this title.

(D) Any policies for prepayment or postpayment audits, or both, including whether the policies include limits on the number of medical records a contracting entity may request for audit in any calendar year.

(2) Contracting entities shall provide the information described in subdivisions (1)(A) and (B) of this subsection to health care providers who are actively engaged in the process of determining whether to become a participating provider in the contracting entity's network.

(3) Contracting entities may require health care providers to execute written confidentiality agreements with respect to fee schedule and claim edit information received from contracting entities.

(4) Each health care contract shall include the following information:

(A) Any product, company, or network for which the participating provider has agreed to provide services.

(B) For each product or network, reimbursement terms and methodologies, unless the terms are identical for multiple products or networks.

(C) The term of the health care contract.

(D) Termination notice period and reasons for termination.

(E) Language that identifies the entity responsible for the processing of the participating provider's compensation or payment, including contact information, including telephone, fax, and email. This requirement may be satisfied by providing a specific web address that contains the necessary information.

(F) Any internal mechanism provided by the contracting entity to resolve disputes concerning the interpretation or application of the terms and conditions of the contract. A contracting entity may satisfy this requirement by providing a clearly understandable, readily available mechanism, such as a specific website address or an appendix, that allows a participating provider to determine the procedures for the internal mechanism to resolve those disputes.

(G) A list of addenda, if any, to the contract.

(5)(A) If a contracting entity uses policies or manuals to augment the content of the contract with a health care provider, the contracting entity shall ensure that those policies or manuals contain sufficient information to allow providers to understand and comply with the content.

(B) For any new policy or manual, or any change to an existing policy or manual, the contracting entity shall do all of the following:

(i) Provide notice of the new policy, manual, or change to each participating provider in writing not fewer than 60 days prior to the effective date of the policy, manual, or change, which notice shall be conspicuously entitled “Notice of Policy Change” and shall include:

(I) a summary of the new policy, manual, or change;

(II) an explanation of the policy, manual, or change;

(III) the effective date of the policy, manual, or change; and

(IV) a notice of the right to object in writing to the policy, manual, or change, along with a time frame for objection and where and how to send the objection.

(ii) Provide the participating provider 60 days after receiving the notice and summary to object in writing to the new policy, manual, or change. If the participating provider objects to the new policy, manual, or change, the contracting entity shall provide an initial substantive response to the objection within 30 days following the contracting entity's receipt of the written objection, and the contracting entity shall work together with the provider to achieve a reasonable resolution to the objection within 60 days following the provider's receipt of the contracting entity's initial substantive response. If the provider is not satisfied with the proposed resolution, the provider may pursue any remedy available to the provider under the health care contract or under applicable law.

(b) Summary disclosure form.

(1) Each contracting entity shall include a summary disclosure form with a health care contract that includes all of the information specified in subsection (a) of this section. The information in the summary disclosure form shall refer to the location in the health care contract, whether a page number, section of the contract, appendix, or other identifier, that specifies the provisions in the contract to which the information in the form refers.

(2) The summary disclosure form shall include all of the following information:

(A) That the form is merely a guide to the health care contract and that the terms and conditions of the health care contract constitute the actual contract rights of the parties.

(B) That reading the form is not a substitute for reading the entire health care contract.

(C) That by signing the health care contract, the participating provider will be bound by the contract's terms and conditions.

(D) That the terms and conditions of the health care contract may be amended pursuant to section 9418d of this title, and the participating provider is encouraged to carefully read any proposed amendments sent after execution of the contract.

(E) That nothing in the summary disclosure form creates any additional rights or causes of action in favor of either party.

(3) No contracting entity that includes any information in the summary disclosure form with the reasonable belief that the information is truthful and accurate shall be subject to a civil action for damages or to binding arbitration based on information included in the summary disclosure form. Inclusion of intentional misstatements or intentional misrepresentations in the summary disclosure form shall be considered a violation of this chapter subject to enforcement under section 9418g of this title. This section does not impair or affect any power of the Department of Financial Regulation to enforce any applicable law.

(4) The summary disclosure form described in subdivisions (1) and (2) of this subsection shall be in substantially the following form:

Summary disclosure form

Compensation terms

Manner of payment:

[ ] Fee for service

[ ] Capitation

[ ] Risk

[ ] Other ............... See ...............

Reimbursement schedule available at .................................

Claim edit information available at .....................................

List of products, product types, or networks covered by this contract (fill in names as applicable):

[ ] ...............

[ ] ...............

[ ] ...............

[ ] ...............

[ ] ...............

Term of this contract .........................................

Termination notice period .........................................

Contracting entity, covered entity, or payer responsible for processing payment available at .........................................

Internal mechanism for resolving disputes regarding contract terms available at .........................................

Addenda to contract (list addenda, if any)

Telephone number to access a readily available mechanism, such as a specific website address, to allow a participating provider to receive the information listed above from the payer: .........................................

Rental network information

.........................................

.........................................

Important information—please read carefully

The information provided in this Summary Disclosure Form is a guide to the attached Health Care Contract. The terms and conditions of the attached Health Care Contract constitute the contract rights of the parties.

Reading this Summary Disclosure Form is not a substitute for reading the entire Health Care Contract. When you sign the Health Care Contract, you will be bound by its terms and conditions. These terms and conditions may be amended over time pursuant to 18 V.S.A. § 9418d. You are encouraged to read any proposed amendments that are sent to you after execution of the Health Care Contract.

Nothing in this Summary Disclosure Form creates any additional rights or causes of action in favor of either party.

(5) Upon request, contracting entities shall provide the summary disclosure form to a participating provider or a provider who is actively engaged in the process of determining whether to become a participating provider within 60 days after receipt of the request.

(c) When a contracting entity presents a proposed health care contract for consideration by a provider, the contracting entity shall provide in writing or make reasonably available the information required in subdivisions (a)(1)(A) and (B) of this section.

(d) Upon request, the contracting entity shall identify any utilization management, quality improvement, price or quality transparency program, or a similar program that the contracting entity uses to review, monitor, evaluate, or assess the services provided pursuant to a health care contract. The contracting entity shall disclose the policies, procedures, or guidelines of such a program upon request by the participating provider who is subject to or is participating in the program within 14 days after the date of the request.

(e)(1) The requirements of subdivision (b)(5) of this section do not prohibit a contracting entity from requiring a reasonable confidentiality agreement between the provider and the contracting entity regarding the terms of the proposed health care contract.

(2) Upon request, a contracting entity or provider shall provide an unredacted copy of an executed or proposed health care contract to the Department of Financial Regulation or the Green Mountain Care Board, or both.
18 V.S.A. § 8901 — VT Code / Title 18 / Chapter 207 / Section 8901
§ 8901. Purpose
Status: in_force

The purpose of this chapter is to expand community mental health and developmental disability services; to encourage participation in such a program by persons in local communities; to obtain better understanding of the need for community mental health and developmental services; to authorize funding for the program by State aid, local financial support, and direct payment by people who receive services who have the ability to pay; and to provide services to persons with a mental condition or psychiatric disability, persons with a developmental disability, and children or adolescents with a severe emotional disturbance.
18 V.S.A. § 1131 — VT Code / Title 18 / Chapter 21 / Section 1131
§ 1131. Vermont Immunization Advisory Council
Status: in_force

(a) Creation. There is created the Vermont Immunization Advisory Council for the purpose of providing education policy, medical, and epidemiological expertise and advice to the Department with regard to the safety of immunizations and immunization schedules.

(b) Membership. The Council shall be composed of the following members:

(1) a representative of the Vermont Board of Medical Practice, appointed by the Governor;

(2) the Secretaries of Human Services and of Education or their designees;

(3) the State epidemiologist;

(4) a practicing pediatrician, appointed by the Governor;

(5) a representative of both public and independent schools, appointed by the Governor; and

(6) any other persons deemed necessary by the Commissioner.

(c) Powers and duties. The Council shall:

(1) review and make recommendations regarding the State's immunization schedule for attendance in schools and child care facilities; and

(2) provide any other advice and expertise requested by the Commissioner.

(d) Assistance. The Council shall have the administrative, technical, and legal assistance of the Department.

(e) Meetings.

(1) The Council shall convene at the call of the Commissioner, but no less than once each year.

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

(3) A majority of the membership shall constitute a quorum.
18 V.S.A. § 7202 — VT Code / Title 18 / Chapter 173 / Section 7202
§ 7202. Coordination
Status: in_force

The Department of Mental Health shall be responsible for coordinating efforts of all agencies and services, government and private, on a statewide basis in order to promote and improve the mental health of individuals through outreach, education, and other activities. The Department of Disabilities, Aging, and Independent Living shall be responsible for coordinating the efforts of all agencies and services, government and private, on a statewide basis in order to promote and improve the lives of individuals with developmental disabilities.
18 V.S.A. § 1554 — VT Code / Title 18 / Chapter 30 / Section 1554
§ 1554. Confidentiality
Status: in_force

(a) The Panel's meetings are confidential and shall be exempt from the Open Meeting Law, 1 V.S.A. chapter 5, subchapter 2. The records produced or acquired by the Panel are exempt from public inspection and copying under the Public Records Act and shall be kept confidential. The records of the Panel are not subject to discovery, subpoena, or introduction into evidence in any civil or criminal proceeding; provided, however, that nothing in this subsection shall be construed to limit or restrict the right to discover or use in any civil or criminal proceeding anything that is available from another source and entirely independent of the Panel's proceedings.

(b) Members of the Panel shall not be questioned in any civil or criminal proceeding regarding the information presented in or opinions formed as a result of a meeting of the Panel; provided, however, that nothing in this subsection shall be construed to prevent a member of the Panel from testifying to information obtained independently of the Panel or that is public information.
18 V.S.A. § 8405 — VT Code / Title 18 / Chapter 197 / Section 8405
§ 8405. Outside visits
Status: in_force

In the discretion of the head of a hospital, a patient admitted under this chapter may be permitted to visit a specifically designated place for a period not to exceed five days and return to the same hospital. The visit may be allowed to see a dying relative, to attend the funeral of a relative, to obtain special medical services, to contact prospective employers, or for any compelling reason consistent with the welfare or rehabilitation of the patient.
18 V.S.A. § 5074 — VT Code / Title 18 / Chapter 103 / Section 5074
§ 5074. Penalty
Status: in_force

A person who fails to comply with a provision of sections 5071-5073 of this title shall be fined $5.00.
18 V.S.A. § 5383 — VT Code / Title 18 / Chapter 121 / Section 5383
§ 5383. Acceptance of money in trust
Status: in_force

A town may vote to receive and hold money in trust, the income of which is to be used for the care and improvement of its burial grounds, or of private lots within such burial grounds or elsewhere.
18 V.S.A. § 4063 — VT Code / Title 18 / Chapter 82 / Section 4063
§ 4063. Adulterated drug or device defined
Status: in_force

A drug or device shall be deemed to be adulterated:

(1)(A) If it consists in whole or in part of any filthy, putrid, or decomposed substance;

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

(C) if it is a drug and its container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health; or

(D) if it is a drug and it bears or contains, for purposes of coloring only, a coal tar color other than one from a batch certified under the authority of the federal act.

(2) If it purports to be or is represented as a drug the name of which is recognized in an official compendium, and its strength differs from, or its quality or purity falls below, the standard set forth in the compendium. The determination as to strength, quality, or purity shall be made in accordance with the tests or methods of assay set forth in the compendium, or in the absence of or inadequacy of the tests or methods of assay, those prescribed under authority of the federal act. No drug defined in an official compendium shall be deemed to be adulterated under this subdivision because it differs from the standard of strength, quality, or purity set forth in the compendium, if its difference in strength, quality, or purity from the standard is plainly stated on its label. Whenever a drug is recognized in both the U.S. Pharmacopoeia and the Homeopathic Pharmacopoeia of the United States, it shall be subject to the requirements of the U.S. Pharmacopoeia unless it is labeled and offered for sale as a homeopathic drug, in which case it shall be subject to the provisions of the Homeopathic Pharmacopoeia of the United States and not to those of the U.S. Pharmacopoeia.

(3) If it is not subject to the provisions of subdivision (2) of this section and its strength differs from, or its purity or quality falls below, that which it purports or is represented to possess.

(4) If it is a drug and any substance has been:

(A) mixed or packed therewith so as to reduce its quality or strength; or

(B) substituted wholly or in part therefor.
18 V.S.A. § 8105 — VT Code / Title 18 / Chapter 191 / Section 8105
§ 8105. Computation of charge for care and treatment
Status: in_force

The charge for the care and treatment of a patient at the Vermont State Hospital or its successor in interest shall be established at least annually by the Commissioner. The charge shall reflect the current cost of the care and treatment, including depreciation and overhead, for the Vermont State Hospital or its successor in interest. Depreciation shall include costs for the use of the plant and permanent improvements, and overhead shall include costs incurred by other departments and agencies for the operation of the hospital. Accounting principles and practices generally accepted for hospitals shall be followed by the Commissioner in establishing the charges.
18 V.S.A. § 4672 — VT Code / Title 18 / Chapter 91 / Section 4672
§ 4672. Agency of Human Services; rulemaking
Status: in_force

The Agency of Human Services shall adopt rules for the administration of the program, including rules regarding:

(1) donations to the program, which may include donations from institutional settings in Vermont, such as pharmacies, long-term care facilities, Veterans' Administration facilities, correctional facilities, hospitals, and other facilities, as well as donations from individuals;

(2) what types of drugs may be donated to the program;

(3) safety criteria for donated drugs, which may include packaging requirements and inspections; and

(4) patient eligibility to receive drugs from the program, which shall be available to any patient, with priority given to patients who meet one or more of the following criteria:

(A) patients whose household income is below 400 percent of the federal poverty level;

(B) patients who are uninsured;

(C) patients who are underinsured;

(D) patients who are Medicare beneficiaries and are experiencing a coverage gap in their Medicare prescription drug coverage; and

(E) patients who are on a high-deductible health plan or on a plan with high co-payment requirements for prescription drugs, or both.
18 V.S.A. § 1766 — VT Code / Title 18 / Chapter 38 / Section 1766
§ 1766. Enforcement; administrative penalties
Status: in_force

(a) A person who violates this chapter may be subject to an administrative penalty not to exceed $5,000.00 for each determination of a separate violation. If the Commissioner determines that a violation is continuing, each day's continuance may be deemed a separate offense beginning from the date the violator is served with notice of the violation.

(b) The Commissioner may use the enforcement powers as set forth in chapter 3 of this title to enforce any violations of this chapter or of any related rules, permits, or orders issued.
18 V.S.A. § 34 — VT Code / Title 18 / Chapter 1 / Section 34
§ 34. Vermont Nursing Forgivable Loan Incentive Program
Status: in_force

(a) As used in this section:

(1) “Corporation” means the Vermont Student Assistance Corporation established in 16 V.S.A. § 2821.

(2) “Eligible individual” means an individual who satisfies the eligibility requirements under this section for a forgivable loan.

(3) “Eligible school” means an approved postsecondary education institution, as defined under 16 V.S.A. § 2822.

(4) “Forgivable loan” means a loan awarded under this section covering tuition, which may also cover room, board, and the cost of required books and supplies for up to full-time attendance at an eligible school.

(5) “Program” means the Vermont Nursing Forgivable Loan Incentive Program created under this section.

(b) The Vermont Nursing Forgivable Loan Incentive Program is created and shall be administered by the Department of Health in collaboration with the Corporation. The Program provides forgivable loans to students enrolled in an eligible school who commit to working as a nurse in this State and who meet the eligibility requirements in subsection (d) of this section.

(c) The Corporation shall disburse forgivable loan funds under the Program on behalf of eligible individuals, subject to the appropriation of funds by the General Assembly for this purpose.

(d) To be eligible for a forgivable loan under the Program, an individual, whether a resident or nonresident, shall satisfy all of the following requirements:

(1) be enrolled at a nursing program at an eligible school;

(2) maintain good standing at the eligible school at which the individual is enrolled;

(3) agree to work as a nurse in Vermont employed directly by a Vermont health care provider for a minimum of one year following licensure for each year of forgivable loan awarded;

(4) have executed a credit agreement or promissory note that will reduce the individual's forgivable loan benefit, in whole or in part, pursuant to subsection (g) of this section, if the individual fails to complete the period of service required in this subsection;

(5) have completed the Program's application form and such financial aid forms as the Corporation deems necessary, in accordance with a schedule determined by the Corporation; and

(6) have provided such other documentation as the Corporation may require.

(e)(1) First priority for forgivable loan funds shall be given to students pursuing a practical nursing certificate who will be eligible to sit for the NCLEX-PN examination upon completion of the certificate.

(2) Second priority for forgivable loan funds shall be given to students pursuing an associate's degree in nursing who will be eligible to sit for the NCLEX-RN examination upon graduation.

(3) Third priority for forgivable loan funds shall be given to students pursuing a bachelor of science degree in nursing.

(4) Fourth priority shall be given to students pursuing graduate nursing education.

(f) In addition to the priorities established in subsection (e) of this section, students attending an eligible school in Vermont shall receive first priority for forgivable loans.

(g)(1) If an eligible individual fails to serve as a nurse in this State for a period that would entitle the individual to the full forgivable loan benefit received by the individual, other than for good cause as determined by the Corporation in consultation with the Vermont Department of Health, then the individual shall receive only partial loan forgiveness for a pro rata portion of the loan pursuant to the terms of the interest-free credit agreement or promissory note signed by the individual at the time of entering the Program.

(2) Employment as a traveling nurse shall not be construed to satisfy the service commitment required for a forgivable loan under this section.

(h) There shall be no deadline to apply for a forgivable loan under this section. Forgivable loans shall be awarded on a rolling basis as long as funds are available, and any funds remaining at the end of a fiscal year shall roll over and shall be available to the Department of Health and the Corporation in the following fiscal year to award additional forgivable loans as set forth in this section.

(i) The Corporation shall adopt policies, procedures, and guidelines necessary to implement the provisions of this section, including maximum forgivable loan amounts.

(j) Forgivable loans 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 the Corporation in the following fiscal year to award additional forgivable loans as set forth in this section.
18 V.S.A. § 2356 — VT Code / Title 18 / Chapter 53 / Section 2356
§ 2356. Appeal [Effective January 1, 2027 or on effective date of rules]
Status: in_force

Any applicant or licensee, or the State acting through the Attorney General, aggrieved by the decision of the Department of Health after a hearing may appeal the decision in accordance with section 128 of this title. Pursuant to section 129 of this title, an appeal pursuant to this section shall not stay the effectiveness of an order entered in accordance with section 2355 of this chapter, but any party is permitted to seek a stay order in the Superior Court in which the appeal is being heard.
18 V.S.A. § 1811 — VT Code / Title 18 / Chapter 41 / Section 1811
§ 1811. Construction projects; applications
Status: in_force

Applications for hospital and medical facilities construction projects for which federal funds are requested shall be submitted to the Commissioner and may be submitted by the State or any political subdivision thereof or by any public or other nonprofit agency authorized to construct and operate a hospital or a medical facility, provided that no application for a diagnostic or treatment center shall be approved unless the applicant is (1) a State, political subdivision, or public agency, or (2) a corporation or association that owns and operates a nonprofit hospital. Each application for a construction project shall conform to federal and State requirements.
18 V.S.A. § 4208 — VT Code / Title 18 / Chapter 84 / Section 4208
§ 4208. Qualifications for issuance of licenses and certificates
Status: in_force

Notwithstanding or in addition to any other provision of law, no license or certificate of approval shall be issued unless and until the applicant therefor has furnished proof satisfactory to the respective board or to the Department of Health in the exercise of its discretion:

(1) that the applicant is of good moral character or, if the applicant be an association or corporation, that the managing officers are of good moral character, and does not or do not use a regulated drug without medical justification;

(2) that the applicant possesses the means to carry on properly the business or profession described in his or her, or its application;

(3) in the case of an applicant for a certificate of approval, that the applicant is licensed under the applicable laws of this State, if any, to carry on within this State the business or profession described in his, her, or its application; and

(4) that the applicant or any of its managing officers has never been convicted of a violation of any of the criminal provisions of this chapter, or of a similar law of another state, or of the federal drug laws.
18 V.S.A. § 7106 — VT Code / Title 18 / Chapter 171 / Section 7106
§ 7106. Notice of hospitalization and discharge
Status: in_force

Whenever a patient has been admitted to a hospital other than upon the patient's own application, the head of the hospital shall immediately notify the patient's legal guardian, spouse, parent, or parents, or nearest known relative or interested party, if known. If the involuntary hospitalization or admission was without court order, notice shall also be given to the Superior Court judge for the Family Division of the Superior Court in the unit where the hospital is located. If the hospitalization or admission was by order of any court, the head of the hospital admitting or discharging an individual shall immediately make a report thereof to the Commissioner and to the court that entered the order for hospitalization or admission.
18 V.S.A. § 9373 — VT Code / Title 18 / Chapter 220 / Section 9373
§ 9373. Definitions
Status: repealed

As used in this chapter:

(1) “Board” means the Green Mountain Care Board established in this chapter.

(2) “Chronic care” means health services provided by a health care professional for an established clinical condition that is expected to last a year or more and that requires ongoing clinical management attempting to restore the individual to highest function, minimize the negative effects of the condition, prevent complications related to chronic conditions, engage in advanced care planning, and promote appropriate access to palliative care.

(3) “Chronic care management” means a system of coordinated health care interventions and communications for individuals with chronic conditions, including significant patient self-care efforts, systemic supports for licensed health care practitioners and their patients, and a plan of care emphasizing prevention of complications, utilizing evidence-based practice guidelines, patient empowerment strategies, and evaluation of clinical, humanistic, and economic outcomes on an ongoing basis with the goal of improving overall health.

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

(5) “Green Mountain Care” means the public-private universal health care program designed to provide health benefits through a simplified, uniform, single administrative system pursuant to 33 V.S.A. chapter 18, subchapter 2.

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

(7) “Health care system” means the local, State, regional, or national system of delivering health services, including administrative costs, capital expenditures, preventive care, and wellness services.

(8) “Health insurer” means any health insurance company, nonprofit hospital and medical service corporation, managed care organization, and, to the extent permitted under federal law, any administrator of a health benefit plan offered by a public or a private entity. The term does not include Medicaid or any other State health care assistance program financed in whole or in part through a federal program.

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

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

(11) “Manufacturers of prescribed products” shall have the same meaning as “manufacturers” in section 4631a of this title.

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

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

(14) [Repealed.]

(15) “Wellness services” means health services, programs, or activities that focus on the promotion or maintenance of good health.

(16) “Accountable care organization” and “ACO” means an organization of health care providers that has a formal legal structure, is identified by a federal taxpayer identification number, and agrees to be accountable for the quality, cost, and overall care of the patients assigned to it.

(17) “Health care spending estimate” means the estimate established in accordance with section 9383 of this title.

(18) “Net patient revenues” has the same meaning as in 33 V.S.A. § 1951.
18 V.S.A. § 7504 — VT Code / Title 18 / Chapter 179 / Section 7504
§ 7504. Application and certificate for emergency examination
Status: in_force

(a) Upon written application by an interested party made under the pains and penalties of perjury and accompanied by a certificate by a licensed physician who is not the applicant, a person shall be held for admission to a hospital for an emergency examination to determine if he or she is a person in need of treatment. The application and certificate shall set forth the facts and circumstances that constitute the need for an emergency examination and that show that the person is a person in need of treatment.

(b) The application and certificate shall be authority for transporting the person to a hospital for an emergency examination, as provided in section 7511 of this title.

(c) For the purposes of admission of an individual to a designated hospital for care and treatment under this section, a head of a hospital, as provided in subsection (a) of this section, may include a person designated in writing by the head of the hospital to discharge the authority granted in this section. A designated person must be an official hospital administrator, supervisory personnel, or a licensed physician on duty on the hospital premises other than the certifying physician under subsection (a) of this section.
18 V.S.A. § 172 — VT Code / Title 18 / Chapter 4A / Section 172
§ 172. Registry established
Status: in_force

The Commissioner shall establish, maintain, and operate a statewide amyotrophic lateral sclerosis incidence registry.
18 V.S.A. § 4231 — VT Code / Title 18 / Chapter 84 / Section 4231
§ 4231. Cocaine
Status: repealed

(a) Possession.

(1) A person knowingly and unlawfully possessing cocaine shall be imprisoned not more than one year or fined not more than $2,000.00, or both.

(2) A person knowingly and unlawfully possessing cocaine in an amount consisting of 2.5 grams or more of one or more preparations, compounds, mixtures, or substances containing cocaine shall be imprisoned not more than five years or fined not more than $100,000.00, or both.

(3) A person knowingly and unlawfully possessing cocaine in an amount consisting of one ounce or more of one or more preparations, compounds, mixtures, or substances containing cocaine shall be imprisoned not more than 10 years or fined not more than $250,000.00, or both.

(4) [Repealed.]

(b) Selling or dispensing.

(1) A person knowingly and unlawfully dispensing 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 cocaine shall be imprisoned not more than five years or fined not more than $100,000.00, or both.

(2) A person knowingly and unlawfully selling or dispensing cocaine in an amount consisting of 2.5 grams or more of one or more preparations, compounds, mixtures, or substances containing cocaine shall be imprisoned not more than 10 years or fined not more than $250,000.00, or both.

(3) A person knowingly and unlawfully selling or dispensing cocaine in an amount consisting of one ounce or more of one or more preparations, compounds, mixtures, or substances containing cocaine shall be imprisoned not more than 20 years or fined not more than $1,000,000.00, or both.

(c) Trafficking.

(1) A person knowingly and unlawfully possessing cocaine in an amount consisting of 150 grams or more of one or more preparations, compounds, mixtures, or substances containing cocaine with the intent to sell or dispense the cocaine shall be imprisoned not more than 30 years or fined not more than $1,000,000.00, or both. There shall be a permissive inference that a person who possesses cocaine in an amount consisting of 150 grams or more of one or more preparations, compounds, mixtures, or substances containing cocaine intends to sell or dispense the cocaine. The amount of possessed cocaine under this subdivision to sustain a charge of conspiracy under 13 V.S.A. § 1404 shall be not less than 400 grams in the aggregate.

(2) [Repealed.]
18 V.S.A. § 8913 — VT Code / Title 18 / Chapter 207 / Section 8913
§ 8913. Minimum program standards and other regulations
Status: in_force

(a) The Commissioners shall establish minimum program standards for services provided by community mental health and developmental disability agencies. Minimum program standards shall specify the basic activities and resources that are necessary for the implementation of such programs.

(b) The procedure for establishing such standards shall be in accordance with 3 V.S.A. chapter 25.
18 V.S.A. § 4304 — VT Code / Title 18 / Chapter 85 / Section 4304
§ 4304. Employees
Status: in_force

(a) An employer shall not allow a person affected with any contagious, infectious, or other disease or physical ailment that may render employment detrimental to the public health to work in an establishment, and a person so affected shall not work in an establishment subject to the provisions of this chapter.

(b) The Commissioner may require a person employed in an establishment subject to the provisions of this chapter to undergo medical testing or an examination necessary for the purpose of determining whether the person is affected by a contagious, infectious, or other disease or physical ailment that may render his or her employment detrimental to public health. The Commissioner may prohibit a person from working in an establishment pursuant to an emergency health order described in section 127 of this title if the person refuses to submit to medical testing or an examination.
18 V.S.A. § 4211 — VT Code / Title 18 / Chapter 84 / Section 4211
§ 4211. Records confidential
Status: in_force

Prescriptions, orders, and records required by this chapter, and stocks of regulated drugs, shall be open for inspection only to federal or State officers or their specifically authorized agent whose duty it is to enforce the federal drug laws or this chapter; authorized agents of professional licensing board, as that term is defined under 3 V.S.A. chapter 5, or the Department of Health; or authorized agents of the Board of Medical Practice. No person having knowledge by virtue of the person's office of any such prescription, order, or record shall divulge such knowledge, except in connection with a prosecution, or proceeding before the Department of Health, Board of Pharmacy, Board of Medical Practice, or another licensing or registration board, to which prosecution or proceeding the person to whom such prescriptions, orders, or records relate is a party.
18 V.S.A. § 1099 — VT Code / Title 18 / Chapter 21 / Section 1099
§ 1099. Reports and records confidential
Status: in_force

All information and reports in connection with persons who have venereal diseases shall be regarded as absolutely confidential and for the sole use of the Department in the performance of the Commissioner's duties under this chapter, and such records shall not be accessible to the public nor shall such records be deemed public records, and the Commissioner shall not disclose the names or addresses of persons so reported or treated except to a prosecuting officer or in court in connection with a prosecution under section 1105 or 1106 of this title. The foregoing shall not constitute a restriction on the Commissioner in the performance of the Commissioner's duties in controlling these communicable diseases.
18 V.S.A. § 8724 — VT Code / Title 18 / Chapter 204A / Section 8724
§ 8724. Principles of service
Status: in_force

Services provided to people with developmental disabilities and their families shall foster and adhere to the following principles:

(1) Children's services. Children, regardless of the severity of their disability, need families and enduring relationships with adults in a nurturing home environment. The quality of life of children with developmental disabilities, their families, and communities is enhanced by caring for children within their own homes. Children with disabilities benefit by growing up in their own families, families benefit by staying together, and communities benefit from the diversity that is provided when people with varying abilities are included.

(2) Adult services. Adults, regardless of the severity of their disability, can make decisions for themselves, can live in typical homes, and can contribute as citizens to the communities where they live.

(3) Full information. In order to make good decisions, people with developmental disabilities and their families need complete information about the availability, choices, and costs of services; how the decision-making process works; and how to participate in that process.

(4) Individualized support. People with developmental disabilities have differing abilities, needs, and goals. To be effective and efficient, services must be individualized to the capacities, needs, and values of each individual.

(5) Family support. Effective family support services shall be designed and provided with respect and responsiveness to the unique needs, strengths, and cultural values of each family and the family's expertise regarding its own needs.

(6) Meaningful choices. People with developmental disabilities and their families cannot make good decisions without meaningful choices about how they live and the kinds of services they receive. Effective services shall be flexible so they can be individualized to support and accommodate personalized choices, values, and needs and ensure that each recipient is directly involved in decisions that affect that person's life.

(7) Community participation. When people with disabilities are segregated from community life, all Vermonters are diminished. Community participation is increased when people with disabilities meet their everyday needs through resources available to all members of the community.

(8) Employment. The goal of job support is to obtain and maintain paid employment in regular employment settings.

(9) Accessibility. Services must be geographically available so that people with developmental disabilities and their families are not required to move to gain access to needed services, thereby forfeiting natural community support systems.

(10) Health and safety. The safety and health of people with developmental disabilities is of paramount concern.

(11) Trained staff. In order to ensure that the goals of this chapter are attained, all individuals who provide services to people with developmental disabilities and their families must receive training as required by section 8731 of this title.

(12) Fiscal integrity. The fiscal stability of the service system is dependent upon skillful and frugal management and sufficient resources to meet the needs of Vermonters with developmental disabilities.
18 V.S.A. § 8731 — VT Code / Title 18 / Chapter 204A / Section 8731
§ 8731. Training
Status: in_force

(a) For the purposes of this section, “staff” means any person who receives compensation to provide services to one or more recipients and includes the person's supervisor. “Staff” does not include a family-directed respite worker.

(b) The Department shall ensure that all staff receive pre-service and in-service training consistent with the system of care plan. Family-directed respite staff shall receive pre-service and in-service training at the request of the family at no cost to the family. People with developmental disabilities and their families may participate in the training, including planning and delivery of that training.

(c) The Department shall adopt rules for training standards that ensure that individual support staff understand the philosophy and values that underlie the services and that they acquire the skills necessary to implement the purposes and principles of this subchapter and to address the individual needs of the person or family for whom they provide services.

(d) All staff and all family-directed respite workers shall be trained in the requirements of 33 V.S.A. chapter 69, relating to reports of abuse, neglect, and exploitation of elders or of adults who have a disability, and the requirements of 33 V.S.A. chapter 49, subchapter 2, relating to reports of suspected abuse or neglect of children.
18 V.S.A. § 5306 — VT Code / Title 18 / Chapter 121 / Section 5306
§ 5306. Perpetual care funds
Status: in_force

An agency engaged in the cemetery business shall have the right to acquire by gift, devise, or otherwise, land and property of every name and nature and to set aside surplus funds, to be held in trust as a perpetual care fund, the income thereof to be used according to the directions of the trust, where such directions are given, and where no specific directions are given, or, where given, and the purpose is incapable of performance, or there is a surplus of income after the directions of the trust have been fully complied with and performed, to use the same for the purpose of building, repairing, maintaining, adorning, and beautifying buildings or parts thereof, fences, graves, vaults, mausoleums, monuments, walks, cemetery lots, grounds, drives, or avenues, as the interests of the lot owners and cemetery shall appear. The duty upon all agencies organized to establish a perpetual care fund according to the terms set forth in this chapter is hereby imposed.
18 V.S.A. § 174 — VT Code / Title 18 / Chapter 4A / Section 174
§ 174. Confidentiality
Status: in_force

(a)(1) All identifying information regarding an individual patient or health care provider is exempt from public inspection and copying under the Public Records Act and shall be kept confidential.

(2) Notwithstanding subdivision (1) of this subsection, the Commissioner may enter into data sharing and protection agreements with researchers or state, regional, or national amyotrophic lateral sclerosis registries for bidirectional data exchange, provided access under such agreements is consistent with the privacy, security, and disclosure protections in this chapter. In the case of researchers, the Commissioner shall also first obtain evidence of the approval of their academic committee for the protection of human subjects established in accordance with 45 C.F.R. Part 46. The Commissioner shall disclose the minimum information necessary to accomplish a specified research purpose.

(b) The Department may disclose aggregated and deidentified information from the registry.
18 V.S.A. § 5293 — VT Code / Title 18 / Chapter 113 / Section 5293
§ 5293. Reporting requirements
Status: in_force

(a) The Department of Health shall adopt rules pursuant to 3 V.S.A. chapter 25 to facilitate the collection of information regarding compliance with this chapter, including identifying patients who filled prescriptions written pursuant to this chapter. Except as otherwise required by law, information regarding compliance shall be confidential and shall be exempt from public inspection and copying under the Public Records Act.

(b) Beginning in 2018, the Department of Health shall generate and make available to the public a biennial statistical report of the information collected pursuant to subsection (a) of this section, as long as releasing the information complies with the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191.
18 V.S.A. § 9413 — VT Code / Title 18 / Chapter 221 / Section 9413
§ 9413. Health care quality and price comparison
Status: in_force

Each health insurer with more than 200 covered lives in this State shall establish an Internet-based tool to enable its members to compare the price of health care in Vermont by service or procedure, including office visits, emergency care, radiologic services, and preventive care such as mammography and colonoscopy. The tool shall include provider quality information as available and to the extent consistent with other applicable laws and regulations. The tool shall allow members to compare price by selecting a specific service or procedure and a geographic region of the State. Based on the criteria specified, the tool shall provide the member with an estimate for each provider of the amount the member would pay for the service or procedure, an estimate of the amount the insurance plan would pay, and an estimate of the combined payments. The price information shall reflect the cost-sharing applicable to a member's specific plan, as well as any remaining balance on the member's deductible for the plan year.
18 V.S.A. § 1764 — VT Code / Title 18 / Chapter 38 / Section 1764
§ 1764. Lead inspectors; financial responsibility
Status: in_force

(a) The Commissioner shall require that a licensee or an applicant for a license under subsection 1752(e) of this chapter provide evidence of ability to indemnify properly a person who suffers damage from lead-based paint activities or RRPM activities such as proof of effective liability insurance coverage or a surety bond in an amount to be determined by the Commissioner, which shall not be less than $300,000.00. This section shall not restrict or enlarge the liability of any person under any applicable law.

(b) Owners of rental target housing who personally perform all work under this chapter on properties in which they have an interest shall be exempt from subsection (a) of this section.
18 V.S.A. § 1813 — VT Code / Title 18 / Chapter 41 / Section 1813
§ 1813. Inspection of projects
Status: in_force

From time to time, the Department shall inspect each construction project approved by the Secretary of Health and Human Services, and, if the inspection so warrants, the Commissioner shall certify to the Secretary of Health and Human Services that work has been performed upon the project, or purchases have been made, in accordance with the approved plans and specifications, and that payment of an installment of federal funds is due to the applicant.
18 V.S.A. § 507 — VT Code / Title 18 / Chapter 9 / Section 507
§ 507. Contract for services of the Chief Medical Examiner
Status: in_force

The Commissioner of Health may contract with any person, institution, or State department for the performance of any or all of the duties of the Chief Medical Examiner. Such services shall be paid for from the biennial budget of the Department of Health.
18 V.S.A. § 623 — VT Code / Title 18 / Chapter 11 / Section 623
§ 623. Compensation and expenses
Status: in_force

The services and expenses of a local health officer of unorganized towns and gores, with the approval of the Commissioner, shall be paid by the State from the taxes collected from such unorganized town or gore wherein the services were rendered or the expense incurred. The Commissioner of Finance and Management shall issue a warrant therefor.
18 V.S.A. § 7110 — VT Code / Title 18 / Chapter 171 / Section 7110
§ 7110. Certification of mental illness
Status: in_force

A certification of mental illness by a licensed physician required by section 7504 of this title shall be made by a board-eligible psychiatrist, a board-certified psychiatrist, or a resident in psychiatry, under penalty of perjury. In areas of the State where board-eligible psychiatrists, board-certified psychiatrists, or residents in psychiatry are not available to complete admission certifications to the Vermont State Hospital or its successor in interest, the Commissioner may designate other licensed physicians as appropriate to complete certification for purposes of section 7504 of this title.
18 V.S.A. § 7406 — VT Code / Title 18 / Chapter 177 / Section 7406
§ 7406. Contracts
Status: in_force

The Commissioner, with the approval of the Governor, may enter into contracts with the federal government or its agencies for the care, treatment, or observation of those mentally ill entitled to support by the federal government or agency as the Commissioner may deem desirable. The receipts from those contracts shall be paid by the Superintendent to the State Treasurer to be applied to the General Fund.
18 V.S.A. § 9002 — VT Code / Title 18 / Chapter 209 / Section 9002
§ 9002. Definitions-Article II
Status: in_force

As used in this compact:

(a) “Sending state” shall mean a party state from which a patient is transported pursuant to the provisions of the compact or from which it is contemplated that a patient may be so sent.

(b) “Receiving state” shall mean a party state to which a patient is transported pursuant to the provisions of the compact or to which it is contemplated that a patient may be so sent.

(c) “Institution” shall mean any hospital or other facility maintained by a party state or political subdivision thereof for the care and treatment of mental illness or developmental disability.

(d) “Patient” shall mean any person subject to or eligible as determined by the laws of the sending state, for institutionalization or other care, treatment, or supervision pursuant to the provisions of this compact.

(e) “Aftercare” shall mean care, treatment and services provided a patient, as defined herein, on convalescent status or conditional release.

(f) “Mental illness” shall mean mental disease to such extent that a person so afflicted requires care and treatment for his or her own welfare, or the welfare of others, or of the community.

(g) “State” shall mean any state, territory or possession of the United States, the District of Columbia, and the commonwealth of Puerto Rico.
18 V.S.A. § 1654 — VT Code / Title 18 / Chapter 32 / Section 1654
§ 1654. Inspection
Status: in_force

The Department or its duly authorized representatives may enter at all reasonable times upon any private or public property for the purpose of determining whether or not there is compliance with or violation of this chapter and rules issued pursuant to this chapter, except that entry into areas under the jurisdiction of the federal government shall be made only with the concurrence of the federal government or its duly designated representative.
18 V.S.A. § 9305 — VT Code / Title 18 / Chapter 215 / Section 9305
§ 9305. Petition for guardianship
Status: in_force

Any interested person with knowledge of the facts alleged may request the State's Attorney having jurisdiction to file a petition with the Family Division of the Superior Court alleging that person is developmentally disabled and in need of guardianship. The State's Attorney shall file the petition unless it clearly appears that the petition will be insufficient to support an action under this chapter. The petition shall set forth:

(1) The name, address, and telephone number of the interested person who requested the filing of the petition, and the nature of his or her interest in the person alleged to have developmental disabilities;

(2) The name, address, telephone number, and age of the respondent and the name, address, and telephone number of any near relative of the respondent and the name of any guardian or person holding a power of attorney of the person;

(3) The reasons and the supporting facts why guardianship is needed;

(4) The petition shall be limited to information that is relevant to the respondent's need for guardianship.
18 V.S.A. § 4224 — VT Code / Title 18 / Chapter 84 / Section 4224
§ 4224. Unused Prescription Drug, Needle, and Syringe Disposal Program
Status: in_force

(a) The Department of Health shall establish and maintain the statewide Unused Prescription Drug, Needle, and Syringe Disposal Program to provide for the safe disposal of Vermont residents' unused and unwanted prescription drugs, needles, and syringes. The Program may include establishing secure collection and disposal sites and providing medication envelopes for sending unused prescription drugs to an authorized collection facility for destruction.

(b) Pharmacies that operate 10 or more establishments in the United States, while concurrently conducting business in Vermont, shall enroll in a drug disposal kiosk program on or before July 1, 2023. If the physical dimensions of a pharmacy make an on-site collection receptacle impossible under State and federal law, a pharmacy shall provide a mail-back option for consumers.
18 V.S.A. § 9474 — VT Code / Title 18 / Chapter 221 / Section 9474
§ 9474. Repealed. 2023, No. 127 (Adj. Sess.), § 4(a)(2), eff. July 1, 2029.
Status: in_force

(a) Except as provided in subsection (d) of this section, in addition to any remedy available to the Commissioner under this title and any other remedy provided by law, a violation of this subchapter shall be considered a violation of the Vermont Consumer Protection Act in 9 V.S.A. chapter 63, subchapter 1. Except as provided in subsection (d) of this section, all rights, authority, and remedies available to the Attorney General and private parties to enforce the Vermont Consumer Protection Act shall be available to enforce the provisions of this subchapter.

(b) In connection with any action for violation of the Vermont Consumer Protection Act, the Commissioner's determinations concerning the interpretation and administration of the provisions of this subchapter and any rules adopted pursuant to this subchapter shall carry a presumption of validity. The Attorney General and the Commissioner shall consult with each other prior to the commencement of any investigation or enforcement action with respect to any pharmacy benefit manager.

(c) The Commissioner may investigate, examine, or otherwise enforce a violation of this subchapter by a pharmacy benefit manager under section 9412 of this title as if the pharmacy benefit manager were a health insurer.

(d) The Commissioner shall have the exclusive authority to investigate, examine, and otherwise enforce the provisions of this subchapter relating to a pharmacy benefit manager in connection with the pharmacy benefit manager's contractual relationship with, and any other activity with respect to, a health insurer defined by subdivision 9471(2)(A) of this title.

(e) Notwithstanding any provision of this section to the contrary, the Commissioner and the Attorney General may bring a joint enforcement action against any person or entity for a violation of this subchapter.
18 V.S.A. § 4632 — VT Code / Title 18 / Chapter 91 / Section 4632
§ 4632. Disclosure of allowable expenditures and gifts by manufacturers of prescribed products
Status: repealed

(a)(1)(A) Annually on or before April 1 of each year, every manufacturer of prescribed products shall disclose to the Office of the Attorney General for the preceding calendar year the value, nature, purpose, and recipient information of any allowable expenditure or gift permitted under subdivision 4631a(b)(2) of this title to any health care provider or to a member of the Green Mountain Care Board established in chapter 220 of this title, except:

(i) Royalties and licensing fees as described in subdivision 4631a(a)(1)(F) of this title.

(ii) Rebates and discounts for prescribed products provided to health care providers in the normal course of business as described in subdivision 4631a(b)(2)(F) of this title.

(iii) Payments for clinical trials as described in subdivision 4631a(a)(1)(C) of this title, which shall be disclosed after the earlier of the date of the approval or clearance of the prescribed product by the Food and Drug Administration for the use for which the clinical trial is being conducted or four calendar years after the date the payment was made. For a clinical trial for which disclosure is delayed under this subdivision (iii), the manufacturer shall identify to the Attorney General the clinical trial, the start date, and the web link to the clinical trial registration on the national clinical trials registry.

(iv) Interview or health care expenses as described in subdivision 4631a(a)(1)(G) of this title.

(v) Coffee or other snacks or refreshments at a booth at a conference or seminar.

(vi) Loans of medical devices for short-term trial periods pursuant to subdivision 4631a(b)(2)(B) of this title, provided the loan results in the purchase, lease, or other comparable arrangement of the medical device after issuance of a certificate of need pursuant to chapter 221, subchapter 5 of this title.

(vii) Prescribed products distributed free of charge or at a discounted price pursuant to a manufacturer-sponsored or manufacturer-funded patient assistance program.

(B) Annually on or before April 1 of each year, every manufacturer of prescribed products shall disclose to the Office of the Attorney General for the preceding calendar year, if the manufacturer is reporting other allowable expenditures or permitted gifts pursuant to subdivision (A) of this subdivision (a)(1), the product, dosage, number of units, and recipient information of over-the-counter drugs, nonprescription medical devices, items of nonprescription durable medical equipment, medical food, and infant formula provided to a health care provider for free distribution to patients pursuant to subdivision 4631a(b)(2)(A) of this title, provided that any public reporting of such information shall not include information that allows for the identification of individual recipients of such products or connects individual recipients with the monetary value of the products provided.

(C) Annually on or before April 1 of each year, every manufacturer of prescribed products shall disclose to the Office of the Attorney General for the preceding calendar year the value, nature, purpose, and recipient information of any allowable expenditure or gift to an academic institution; to a nonprofit hospital foundation; or to a professional, educational, or patient organization representing or serving health care providers or consumers located in or providing services in Vermont, except:

(i) Royalties and licensing fees as described in subdivision 4631a(a)(1)(F) of this title.

(ii) Rebates and discounts for prescribed products provided in the normal course of business as described in subdivision 4631a(b)(2)(F) of this title.

(iii) Payments for clinical trials as described in subdivision 4631a(a)(1)(C) of this title, which shall be disclosed after the earlier of the date of the approval or clearance of the prescribed product by the Food and Drug Administration for the use for which the clinical trial is being conducted or four calendar years after the date the payment was made. For a clinical trial for which disclosure is delayed under this subdivision (iii), the manufacturer shall identify to the Attorney General the clinical trial, the start date, and the web link to the clinical trial registration on the national clinical trials registry.

(D) Any public reporting of the provision of free prescription or over-the-counter drugs, medical devices, biological products, medical equipment, combination products, medical food, infant formula, or supplies to a free clinic shall not include information that allows for the identification of individual recipients of such products or that connects individual recipients with the monetary value of the products provided.

(2)(A)(i) Subject to the provisions of subdivision (B) of this subdivision (a)(2) and to the extent allowed under federal law, annually on or before April 1 of each year beginning in 2012, each manufacturer of prescribed products shall disclose to the Office of the Attorney General all samples provided to health care providers during the preceding calendar year, identifying for each sample the product, recipient, number of units, and dosage.

(ii) The Office of the Attorney General may contract with academic researchers to release to such researchers data relating to manufacturer distribution of samples, subject to confidentiality provisions and without including the names or license numbers of individual recipients, for analysis and aggregated public reporting.

(iii) Any public reporting of manufacturer distribution of samples shall not include information that allows for the identification of individual recipients of samples or connects individual recipients with the monetary value of the samples provided.

(B) Subdivision (A) of this subdivision (a)(2) shall not apply to samples of prescription drugs required to be reported under Sec. 6004 of the Patient Protection and Affordable Care Act of 2010, Public Law 111-148, as amended by the Health Care and Education Reconciliation Act of 2010, Public Law 111-152, if the Office of the Attorney General determines that the U.S. Department of Health and Human Services will collect and report state- and recipient-specific information regarding manufacturer distribution of samples of such prescription drugs.

(3) Annually on or before April 1, each manufacturer of prescribed products also shall disclose to the Office of the Attorney General the name and address of the individual responsible for the manufacturer's compliance with the provisions of this section.

(4) Disclosure shall be made on a form and in a manner prescribed by the Office of the Attorney General and shall require manufacturers of prescribed products to report each allowable expenditure or gift permitted under subdivision 4631a(b)(2) of this title, including:

(A) except as otherwise provided in subdivisions (1)(B) and (2) of this subsection (a), the value, nature, and purpose of each allowable expenditure and gift permitted under subdivision 4631a(b)(2) of this title according to specific categories identified by the Office of the Attorney General;

(B) the name of the recipient;

(C) the recipient's address;

(D) the recipient's institutional affiliation;

(E) prescribed product or products being marketed, if any; and

(F) the recipient's State board number or, in the case of an institution, foundation, or organization, the federal tax identification number or the identification number assigned by the Attorney General.

(5) [Repealed.]

(6) Except as otherwise provided in subdivisions (1)(B) and (2)(A) of this subsection, the Office of the Attorney General shall make all disclosed data publicly available and searchable through an internet website.

(7) [Repealed.]

(b)(1) Annually on or before April 1, the Office of the Attorney General shall collect a $765.00 fee from each manufacturer of prescribed products filing annual disclosures of expenditures greater than zero described in subsection (a) of this section.

(2) Fees collected under this section shall fund collection and analysis of information on activities related to the marketing of prescribed products under section 4631a of this title and under this section. The fees shall be collected in a special fund assigned to the Office.

(c) The Attorney General may bring an action in the Civil Division of the Washington Unit of the Superior Court for injunctive relief, costs, and attorney's fees and to impose on a manufacturer of prescribed products that fails to disclose as required by subsection (a) of this section a civil penalty of no more than $10,000.00 per violation. Each unlawful failure to disclose shall constitute a separate violation. In any action brought pursuant to this section, the Attorney General shall have the same authority to investigate and to obtain remedies as if the action were brought under the Consumer Protection Act, 9 V.S.A. chapter 63.

(d) The terms used in this section shall have the same meanings as in section 4631a of this title.
18 V.S.A. § 1773 — VT Code / Title 18 / Chapter 38A / Section 1773
§ 1773. Chemicals of high concern to children
Status: in_force

(a) List of chemicals of high concern to children. The following chemicals are designated as chemicals of high concern to children for the purposes of the requirements of this chapter:

(1) Formaldehyde.

(2) Aniline.

(3) N-Nitrosodimethylamine.

(4) Benzene.

(5) Vinyl chloride.

(6) Acetaldehyde.

(7) Methylene chloride.

(8) Carbon disulfide.

(9) Methyl ethyl ketone.

(10) 1,1,2,2-Tetrachloroethane.

(11) Tetrabromobisphenol A.

(12) Bisphenol A.

(13) Diethyl phthalate.

(14) Dibutyl phthalate.

(15) Di-n-hexyl phthalate.

(16) Phthalic anhydride.

(17) Butyl benzyl phthalate (BBP).

(18) N-Nitrosodiphenylamine.

(19) Hexachlorobutadiene.

(20) Propyl paraben.

(21) Butyl paraben.

(22) 2-Aminotoluene.

(23) 2,4-Diaminotoluene.

(24) Methyl paraben.

(25) p-Hydroxybenzoic acid.

(26) Ethylbenzene.

(27) Styrene.

(28) 4-Nonylphenol; 4-NP and its isomer mixtures, including CAS 84852-15-3 and CAS 25154-52-3.

(29) para-Chloroaniline.

(30) Acrylonitrile.

(31) Ethylene glycol.

(32) Toluene.

(33) Phenol.

(34) 2-Methoxyethanol.

(35) Ethylene glycol monoethyl ester.

(36) Tris(2-chloroethyl) phosphate.

(37) Di-2-ethylhexyl phthalate.

(38) Di-n-octyl phthalate (DnOP).

(39) Hexachlorobenzene.

(40) 3,3′-Dimethylbenzidine and dyes metabolized to 3,3′-Dimethylbenzidine.

(41) Ethyl paraben.

(42) 1,4-Dioxane.

(43) Perchloroethylene.

(44) Benzophenone-2 (Bp-2); 2,2′,4,4′-Tetrahydroxybenzophenone.

(45) 4-tert-Octylphenol; 4(1,1,3,3-Tetramethylbutyl) phenol.

(46) Estragole.

(47) 2-Ethylhexanoic acid.

(48) Octamethylcyclotetrasiloxane.

(49) Benzene, Pentachloro.

(50) C.I. Solvent yellow 14.

(51) N-Methylpyrrolidone.

(52) 2,2′,3,3′,4,4′,5,5′,6,6′-Decabromodiphenyl ether; BDE-209.

(53) Perfluorooctanyl sulphonic acid and its salts; PFOS.

(54) Phenol, 4-octyl.

(55) 2-Ethyl-hexyl-4-methoxycinnamate.

(56) Mercury and mercury compounds, including methyl mercury (22967-92-6).

(57) Molybdenum and molybdenum compounds.

(58) Antimony and Antimony compounds.

(59) Arsenic and Arsenic compounds, including arsenic trioxide (1327-53-3) and dimethyl arsenic (75-60-5).

(60) Cadmium and cadmium compounds.

(61) Cobalt and cobalt compounds.

(62) Tris(1,3-dichloro-2-propyl)phosphate.

(63) Butylated hydroxyanisole; BHA.

(64) Hexabromocyclododecane.

(65) Diisodecyl phthalate (DIDP).

(66) Diisononyl phthalate (DINP).

(67) PFHxS (perfluorohexane sulfonic acid).

(68) PFHpA (perfluoroheptanoic acid).

(69) PFNA (perfluorononanoic acid).

(70) Any other chemical designated by the Commissioner as a chemical of high concern to children by rule under section 1776 of this title.

(b) Commissioner's review of list of chemicals. Beginning on July 1, 2017, and biennially thereafter, the Commissioner of Health shall review the list of chemicals of high concern to children to determine if additional chemicals should be added to the list under subsection 1776(b) of this title. In reviewing the list of chemicals of high concern to children, the Commissioner of Health may consider designations made by other states, the federal government, other countries, or other governmental agencies.

(c) Publication of list. The Commissioner shall post the list of chemicals of high concern to children on the Department of Health website by chemical name and Chemical Abstracts Service number.

(d) Addition or removal from list. Under 3 V.S.A. § 806, any person may request that the Commissioner add or remove a chemical from the list of chemicals of high concern to children.

(e) PQL value. A PQL value established under this chapter for individual chemicals shall depend on the analytical method used for each chemical. The PQL value shall be based on scientifically defensible, standard analytical methods as advised by guidance published by the Department.
18 V.S.A. § 1100 — VT Code / Title 18 / Chapter 21 / Section 1100
§ 1100. Rules
Status: in_force

The Commissioner shall make and enforce such rules for the quarantining and treatment of cases of venereal disease reported to the Commissioner as may be deemed necessary for the protection of the public.
18 V.S.A. § 5168 — VT Code / Title 18 / Chapter 106 / Section 5168
§ 5168. Correction of civil union certificate
Status: in_force

(a) Within six months after a civil union is certified, the town clerk may correct or complete a civil union certificate, upon application by a party to a civil union or by the person who certified the civil union. The town clerk shall certify that such correction or completion was made pursuant to this section and note the date. The town clerk may refuse an application for correction or completion; in which case, the applicant may petition the Probate Division of the Superior Court for such correction or completion.

(b) After six months from the date a civil union is certified, a civil union certificate may only be corrected or amended pursuant to decree of the Probate Division of the Superior Court in the district where the original certificate is filed.

(c) The Probate Division of the Superior Court shall set a time for a hearing and, if the court deems necessary, give notice of the time and place by posting such information in the Probate Division of the Superior Court office. After a hearing, the court shall make findings with respect to the correction of the civil union certificate as are supported by the evidence. The court shall issue a decree setting forth the facts as found and transmit a certified copy of the decree to the State Registrar. The State Registrar shall transmit the same to the appropriate town clerk to amend the original or issue a new certificate. The words “Court Amended” shall be typed, written, or stamped at the top of the new or amended certificate with the date of the decree and the name of the issuing court.
18 V.S.A. § 5364 — VT Code / Title 18 / Chapter 121 / Section 5364
§ 5364. Fences; penalty
Status: in_force

When the selectboard or cemetery commissioners neglect to keep in repair the fence around a public burial ground, the town may be prosecuted for such neglect and fined not more than $400.00. The fine shall be expended in repairing the fences around such burial grounds under the direction of a commissioner appointed by the court.
18 V.S.A. § 9377 — VT Code / Title 18 / Chapter 220 / Section 9377
§ 9377. Payment reform; pilots
Status: in_force

(a) It is the intent of the General Assembly to achieve the principles stated in section 9371 of this title. In order to achieve this goal and to ensure the success of health care reform, it is the intent of the General Assembly that payment reform be implemented and that payment reform be carried out as described in this section. It is also the intent of the General Assembly to ensure sufficient State involvement and action in the design and implementation of the payment reform pilot projects described in this section to comply with federal and State antitrust provisions by replacing competition between payers and others with State-supervised cooperation and regulation.

(b)(1) The Board shall be responsible for payment and delivery system reform, including the pilot projects established in this section.

(2) Payment reform pilot projects shall be developed and implemented to manage the costs of the health care delivery system, improve health outcomes for Vermonters, provide a positive health care experience for patients and health care professionals, and further the following objectives:

(A) payment reform pilot projects should align with the Blueprint for Health strategic plan and the Statewide Health Information Technology Plan;

(B) health care professionals should coordinate patient care through a local entity or organization facilitating this coordination or another structure that results in the coordination of patient care and a sustained focus on disease prevention and promotion of wellness that includes individuals, employers, and communities;

(C) health insurers, Medicaid, Medicare, and all other payers should reimburse health care professionals for coordinating patient care through consistent payment methodologies, which may include a global budget; a system of cost containment limits, health outcome measures, and patient consumer satisfaction targets, which may include risk-sharing or other incentives designed to reduce costs while maintaining or improving health outcomes and patient consumer satisfaction; or another payment method providing an incentive to coordinate care and control cost growth;

(D) the scope of services in any capitated payment should be broad and comprehensive, including prescription drugs, diagnostic services, acute and sub-acute home health services, services received in a hospital, mental health and substance abuse services, and services from a licensed health care practitioner; and

(E) health insurers, Medicaid, Medicare, and all other payers should reimburse health care professionals for providing the full spectrum of evidence-based health services.

(3) In addition to the objectives identified in subdivision (a)(2) of this section, the design and implementation of payment reform pilot projects may consider:

(A) alignment with the requirements of federal law to ensure the full participation of Medicare in multipayer payment reform; and

(B) with input from long-term care providers, the inclusion of home health services and long-term care services as part of capitated payments.

(c) To the extent required to avoid federal antitrust violations, the Board shall facilitate and supervise the participation of health care professionals, health care facilities, and insurers in the planning and implementation of the payment reform pilot projects, including by creating a shared incentive pool if appropriate. The Board shall ensure that the process and implementation include sufficient State supervision over these entities to comply with federal antitrust provisions and shall refer to the Attorney General for appropriate action the activities of any individual or entity that the Board determines, after notice and an opportunity to be heard, violate State or federal antitrust laws without a countervailing benefit of improving patient care, improving access to health care, increasing efficiency, or reducing costs by modifying payment methods.

(d) The Board or designee shall apply for grant funding, if available, for the evaluation of the pilot projects described in this section.

(e) The Board or designee shall convene a broad-based group of stakeholders, including health care professionals who provide health services, health insurers, professional organizations, community and nonprofit groups, consumers, businesses, school districts, the Office of the Health Care Advocate, and State and local governments, to advise the Board in developing and implementing the pilot projects and to advise the Green Mountain Care Board in setting overall policy goals.

(f) The first pilot project shall become operational not later than July 1, 2012, and two or more additional pilot projects shall become operational not later than October 1, 2012.

(g)(1) Health insurers shall participate in the development of the payment reform strategic plan for the pilot projects and in the implementation of the pilot projects, including providing incentives, fees, or payment methods, as required in this section. This requirement may be enforced by the Department of Financial Regulation to the same extent as the requirement to participate in the Blueprint for Health pursuant to 8 V.S.A. § 4025.

(2) The Board may establish procedures to exempt or limit the participation of health insurers offering a stand-alone dental plan or specific disease or other limited-benefit coverage or participation by insurers with a minimal number of covered lives as defined by the Board, in consultation with the Commissioner of Financial Regulation. Health insurers shall be exempt from participation if the insurer offers only benefit plans that are paid directly to the individual insured or the insured's assigned beneficiaries and for which the amount of the benefit is not based upon potential medical costs or actual costs incurred.

(3) In the event that the Secretary of Human Services is denied permission from the Centers for Medicare and Medicaid Services to include financial participation by Medicare in the pilot projects, health insurers shall not be required to cover the costs associated with individuals covered by Medicare.

(4) After implementation of the pilot projects described in this subchapter, health insurers shall have appeal rights pursuant to section 9381 of this title.
18 V.S.A. § 1783 — VT Code / Title 18 / Chapter 39 / Section 1783
§ 1783. Environmentally preferable air fresheners
Status: in_force

(a) A distributor or manufacturer shall sell, offer for sale, or distribute air fresheners to a school, school district, supervisory union, or procurement consortium only if the air fresheners are certified as environmentally preferable by an independent third party.

(b) A person who contracts with a school, school district, or supervisory union to provide cleaning services for a school shall only use air fresheners that meet the requirements of subsection (a) of this section.
18 V.S.A. § 1662 — VT Code / Title 18 / Chapter 33 / Section 1662
§ 1662. Repealed. 2023, No. 131 (Adj. Sess.), § 10, eff. January 1, 2026.
Status: in_force

A person, municipality, or State agency shall not discharge or otherwise use for training or testing purposes class B firefighting foam that contains intentionally added PFAS.
18 V.S.A. § 4284 — VT Code / Title 18 / Chapter 84A / Section 4284
§ 4284. Protection and disclosure of information
Status: in_force

(a) The data collected pursuant to this chapter and all related information and records shall be confidential, except as provided in this chapter, and shall not be subject to the Public Records Act. The Department shall maintain procedures to protect patient privacy; ensure the confidentiality of patient information collected, recorded, transmitted, and maintained; and ensure that information is not disclosed to any person except as provided in this section.

(b)(1) The Department shall provide only the following persons with access to query the VPMS:

(A) a health care provider, dispenser, or delegate who is registered with the VPMS and certifies that the requested information is for the purpose of providing medical or pharmaceutical treatment to a bona fide current patient;

(B) personnel or contractors, as necessary for establishing and maintaining the VPMS;

(C) the Medical Director of the Department of Vermont Health Access and the Director's designee, for the purposes of Medicaid quality assurance, utilization, and federal monitoring requirements with respect to Medicaid recipients for whom a Medicaid claim for a Schedule II, III, or IV controlled substance has been submitted;

(D) a medical examiner or delegate from the Office of the Chief Medical Examiner, for the purpose of conducting an investigation or inquiry into the cause, manner, and circumstances of an individual's death; and

(E) a health care provider or medical examiner licensed to practice in another state, to the extent necessary to provide appropriate medical care to a Vermont resident or to investigate the death of a Vermont resident.

(2) The Department shall provide reports of data available to the Department through the VPMS only to the following persons:

(A) A patient or that person's health care provider, or both, when VPMS reveals that a patient may be receiving more than a therapeutic amount of one or more controlled substances.

(B) A designated representative of a board responsible for the licensure, regulation, or discipline of health care providers or dispensers pursuant to a bona fide specific investigation.

(C) A patient for whom a prescription is written, insofar as the information relates to that patient.

(D) The relevant occupational licensing or certification authority if the Commissioner reasonably suspects fraudulent or illegal activity by a health care provider. The licensing or certification authority may report the data that are the evidence for the suspected fraudulent or illegal activity to a drug diversion investigator.

(E)(i) The Commissioner of Public Safety, personally, or the Deputy Commissioner of Public Safety, personally, if the Commissioner of Health, personally, or a Deputy Commissioner of Health, personally, makes the disclosure and has consulted with at least one of the patient's health care providers, when the disclosure is necessary to avert a serious and imminent threat to a person or the public.

(ii) The Commissioner of Public Safety, personally, or the Deputy Commissioner of Public Safety, personally, when he or she requests data from the Commissioner of Health, and the Commissioner of Health believes, after consultation with at least one of the patient's health care providers, that disclosure is necessary to avert a serious and imminent threat to a person or the public.

(iii) The Commissioner or Deputy Commissioner of Public Safety may disclose such data received pursuant to this subdivision (E) as is necessary, in his or her discretion, to avert the serious and imminent threat.

(F) A prescription monitoring system or similar entity in another state pursuant to a reciprocal agreement to share prescription monitoring information with the Vermont Department of Health as described in section 4288 of this title.

(G) The Commissioner of Health or the Commissioner's designee in order to identify patients who filled prescriptions written pursuant to chapter 113 of this title.

(c) A person who receives data or a report from VPMS or from the Department shall not share that data or report with any other person or entity not eligible to receive that data pursuant to subsection (b) of this section, except as necessary and consistent with the purpose of the disclosure and in the normal course of business. Nothing shall restrict the right of a patient to share his or her own data.

(d) The Commissioner shall offer health care providers and dispensers training in the proper use of information they may receive from VPMS. Training may be provided in collaboration with professional associations representing health care providers and dispensers.

(e) A drug diversion investigator who may receive information pursuant to this section shall not have access to VPMS except for information provided to the officer by the licensing or certification authority.

(f) The Department is authorized to use information from VPMS for research, trend analysis, and other public health promotion purposes, provided that data are aggregated or otherwise de-identified. The Department shall post the results of trend analyses on its website for use by health care providers, dispensers, and the general public. When appropriate, the Department shall send alerts relating to identified trends to health care providers and dispensers by electronic mail.

(g) Following consultation with the Vermont Prescription Drug Advisory Council and an opportunity for input from stakeholders, the Department shall develop a policy that will enable it to use information from VPMS to determine if individual prescribers and dispensers are using VPMS appropriately.

(h) Following consultation with the Vermont Prescription Drug Advisory Council and an opportunity for input from stakeholders, the Department shall develop a policy that will enable it to evaluate the prescription of regulated drugs by prescribers.

(i) Knowing disclosure of transmitted data to a person not authorized by subsection (b) of this section, or obtaining information under this section not relating to a bona fide specific investigation, shall be punishable by imprisonment for not more than one year or a fine of not more than $1,000.00, or both, in addition to any penalties under federal law.

(j) All information and correspondence relating to the disclosure of information by the Commissioner to a patient's health care provider pursuant to subdivision (b)(2)(A) of this section shall be confidential and privileged, exempt from public inspection and copying under the Public Records Act, immune from subpoena or other disclosure, and not subject to discovery or introduction into evidence.

(k) Each request for disclosure of data pursuant to subdivision (b)(2)(B) of this section shall document a bona fide specific investigation and shall specify the case number of the investigation.
18 V.S.A. § 5201 — VT Code / Title 18 / Chapter 107 / Section 5201
§ 5201. Permits; removal of bodies; waiting period; investigation into circumstances of death
Status: in_force

(a) A dead body shall not be buried, entombed, or removed, or otherwise disposed of without a burial-transit permit issued and signed by a municipal clerk, a county clerk, or a deputy clerk for the municipality or unorganized town or gore in which the dead body is located; a funeral director licensed in Vermont; an owner or designated manager of a licensed disposition facility in Vermont who is registered to perform removals; or a law enforcement officer.

(1) The clerk of the municipality shall provide for issuing burial-transit permits when the clerks' offices are closed. The municipal clerk shall appoint one or more deputies for this purpose and record the name of the deputy or deputies appointed in the municipal records and notify the Commissioner of Health of the names and residences of the deputy or deputies appointed.

(2) The county clerk of a county in which an unorganized town or gore is located shall perform the same duties and be subject to the same penalties as a municipal clerk in respect to issuing burial-transit permits and registering deaths that occur in an unorganized town or gore within the county.

(3) A funeral director licensed in Vermont or an owner or designated manager of a licensed disposition facility in Vermont who is registered to perform removals may issue a burial-transit permit for any municipality or unorganized town or gore at any time, including during the normal business hours of a municipal clerk.

(4) After a burial-transit permit is issued, the person who issued the permit shall forward the death certificate or preliminary report and the record of the burial-transit permit to the clerk of the municipality, or to the clerk of the county, in the case of an unorganized town or gore, where death occurred on the first official working day thereafter.

(5) In cases of death by certain communicable diseases as defined by the Commissioner, the municipal or county clerk, a deputy registrar, a funeral director, a crematory owner or manager, or a law enforcement officer shall not issue a burial-transit permit except in accordance with instructions issued by the Commissioner.

(6) A body for which a burial-transit permit has been secured, except one for the body of any person whose death occurred as a result of a communicable disease, as defined by the Commissioner, may be taken through or into another municipality or unorganized town or gore for funeral services without additional permits from the local health officer or the Commissioner.

(b) An operator of a disposition facility shall not cremate or process by means of natural organic reduction or allow the cremation or processing by means of natural organic reduction of a dead human body until the passage of at least 24 hours following the death of the decedent, as indicated on the death certificate, unless, if the decedent died from a virulent, communicable disease, a Department of Health rule or order requires the cremation or natural organic reduction to occur prior to the end of that period. If the Attorney General or a State's Attorney requests the delay of a cremation or natural organic reduction based upon a reasonable belief that the cause of death might have been due to other than accidental or natural causes, the cremation or natural organic reduction of a dead human body shall be delayed, based upon such request, a sufficient time to permit a civil or criminal investigation into the circumstances that caused or contributed to the death.

(c) The person in charge of the body shall not release for cremation or natural organic reduction the body of a person who died in Vermont until the person in charge has received a certificate from the chief, regional, or assistant medical examiner that the medical examiner has made personal inquiry into the cause and manner of death and is satisfied that no further examination or judicial inquiry concerning it is necessary. Upon request of a funeral director, the person in charge of the body, or the operator of a disposition facility, the Chief Medical Examiner shall issue a disposition certificate after the medical examiner has completed an autopsy. The certificate shall be retained by the disposition facility for a period of three years. The person requesting cremation or natural organic reduction shall pay the Department a fee of $25.00.

(d)(1) For all cremations or natural organic reductions requested for the body of a person who died outside Vermont, the operator of a disposition facility shall do the following before conducting the cremation or natural organic reduction:

(A) obtain a permit for transit, cremation, or natural organic reduction; and

(B) comply with the laws of the state in which the person died, including obtaining a copy of a medical examiner's permit if one is required.

(2) No additional approval from the Vermont medical examiner's office is required if compliance with the laws of the state in which the person died is achieved.
18 V.S.A. § 5381 — VT Code / Title 18 / Chapter 121 / Section 5381
§ 5381. Transfer of care from commissioners to selectboard
Status: in_force

By vote, a town may take its burial grounds out of the charge of the board of cemetery commissioners and place the same under the charge of the selectboard. When a town so votes, the office of cemetery commissioners shall terminate.
18 V.S.A. § 5206 — VT Code / Title 18 / Chapter 107 / Section 5206
§ 5206. Penalty for failure to submit report of death
Status: in_force

A licensed health care professional who fails to cause the medical portion of a report of death to be submitted within 24 hours after the death of a person, containing a true statement of the cause of such death, so far as these facts are obtainable, shall be fined not more than $100.00.
18 V.S.A. § 111 — VT Code / Title 18 / Chapter 3 / Section 111
§ 111. Forms for reports of infectious and contagious diseases
Status: in_force

The Commissioner shall devise and furnish health officers suitable forms upon which to make reports of infectious and contagious diseases. The Commissioner shall also devise and furnish forms for physicians to report to health officers.
18 V.S.A. § 5150 — VT Code / Title 18 / Chapter 105 / Section 5150
§ 5150. Correction of civil marriage certificate
Status: in_force

(a) Within six months after a marriage is solemnized, the town clerk may correct or complete a civil marriage certificate upon application by a party to the marriage or by the person who solemnized the marriage. The town clerk may correct or complete the certificate accordingly and shall certify thereon that such correction or completion was made pursuant to this section, with the date thereof. In his or her discretion, the town clerk may refuse an application for correction or completion, in which case, the applicant may petition the Probate Division of the Superior Court for such correction or completion.

(b) After six months from the date a marriage is solemnized, a civil marriage certificate may only be corrected or amended pursuant to decree of the Probate Division of the Superior Court in which district the original certificate is filed.

(c) The Probate Division of the Superior Court to which the application is made shall set a time for a hearing and, if the court deems necessary, cause notice of the time and place of the hearing to be given by posting the same in the Probate Division of the Superior Court office and, after hearing, shall make such findings, with respect to the correction of such civil marriage certificate as are supported by the evidence. The court shall then issue a decree setting forth the facts as found, and transmit a certified copy of such decree to the State Registrar. The State Registrar shall transmit the same to the appropriate town clerk to amend the original or issue a new certificate. The words “Court Amended” shall be typed, written, or stamped at the top of the new or amended certificate with the date of the decree and the name of the issuing court.
18 V.S.A. § 1553 — VT Code / Title 18 / Chapter 30 / Section 1553
§ 1553. Duties
Status: repealed

(a) The Panel, in collaboration with the Commissioner of Health or designee, shall conduct comprehensive, multidisciplinary reviews of maternal mortality in Vermont.

(b) Each member of the Panel shall be responsible for disseminating Panel recommendations to his or her respective institution and professional organization, as applicable. All such information shall be disseminated through the institution's or organization's quality assurance program in order to protect the confidentiality of all participants and patients involved in any incident.

(c) [Repealed.]

(d) The Panel shall not:

(1) call witnesses or take testimony from any individual involved in the investigation of a maternal death;

(2) enforce any public health standard or criminal law or otherwise participate in any legal proceeding, except to the extent that a member of the Panel is involved in the investigation of a maternal death or resulting prosecution and must participate in a legal proceeding in the course of performing his or her duties outside the Panel.
18 V.S.A. § 1902 — VT Code / Title 18 / Chapter 43 / Section 1902
§ 1902. Definitions
Status: in_force

The following words and phrases, as used in this chapter, shall have the following meanings unless otherwise provided:

(1) “Hospital” means a place devoted primarily to the maintenance and operation of diagnostic and therapeutic facilities for in-patient medical or surgical care of individuals who have an illness, disease, injury, or physical disability, or for obstetrics.

(A) “General hospital” is a hospital of which not more than 50 percent of the total patient days during the year are customarily assignable to the following categories of cases: chronic, convalescent and rest, drug and alcoholic, epilepsy, developmental and psychiatric disabilities and mental conditions, and tuberculosis and that provides adequate and separate facilities and equipment for the performance of surgery and obstetrics, or either, and for diagnostic X-ray and laboratory services.

(B) “Psychiatric hospital” means a hospital for the diagnosis and treatment of mental illness.

(C) “Tuberculosis facility” means a hospital (excluding preventoria), or the separate tuberculosis unit of a general, psychiatric, or chronic disease hospital for the diagnosis and treatment of tuberculosis.

(D) “Chronic disease facility” means a hospital, or the separate chronic disease unit of a general hospital, for the treatment of chronic illness, including the degenerative diseases. The term does not include facilities primarily for the care of individuals with mental conditions and psychiatric disabilities or tuberculosis, nursing homes, and institutions the primary purpose of which is domiciliary care.

(E) “Maternity hospital” means a hospital that receives maternity patients exclusively, for care during pregnancy, during delivery, or within 10 days after delivery.

(F) “Nonprofit hospital” means any hospital owned and operated by a corporation or association, no part of the net earnings of which is applied, or may lawfully be applied, to the benefit of any private shareholder or individual.

(G) “Proprietary hospital” means any hospital operated for individual gain or reward.

(H) “Psychiatric facility” means a type of psychiatric hospital, or separate unit of a general hospital, where patients may obtain diagnostic services and receive intensive treatment for mental illness and where only a minimum of continued treatment facilities will be afforded.

(I) The provisions of this subdivision (1) do not apply to any of the following institutions:

(i) nursing and convalescent homes, boarding homes, homes for the aged, nurseries, and institutions used primarily for domiciliary care;

(ii) any hospital conducted, maintained, or operated by the U.S. government or a duly authorized agency thereof.

(2) “Person” means any individual, firm, partnership, corporation, company, association, or joint stock association, and the legal successor thereof.

(3) “Governmental unit” means a state, or political subdivision thereof, or any department, division, board, or other agency of any of the foregoing.

(4) “Licensing agency” means the Department of Health.
18 V.S.A. § 9408a — VT Code / Title 18 / Chapter 221 / Section 9408a
§ 9408a. Uniform provider credentialing
Status: repealed

(a) Definitions. As used in this section:

(1) “Credentialing” means a process through which an insurer or hospital makes a determination, based on criteria established by the insurer or hospital, concerning whether a provider is eligible to:

(A) provide health care services to an insured or hospital patients; and

(B) receive reimbursement for the health care services.

(2) “Health care services” means health-care-related services or products rendered or sold by a provider within the scope of the provider's license or legal authorization, including hospital, medical, surgical, dental, vision, and pharmaceutical services or products.

(3) “Insured” means an individual entitled to reimbursement for expenses of health care services under a policy issued or administered by an insurer.

(4) “Insurer” has the same meaning as in subdivision 9402(8) of this title.

(5) “Provider” has the same meaning as in subdivision 9402(7) of this title.

(b) The Department shall prescribe the credentialing application form used by the Council for Affordable Quality Healthcare (CAQH), or a similar, nationally recognized form prescribed by the Commissioner, in electronic or paper format, which must be used beginning January 1, 2007 by an insurer or a hospital that performs credentialing. The Commissioner may grant a hospital an extension to the implementation date for up to one year.

(c) An insurer or a hospital shall notify a provider concerning a deficiency on a completed credentialing application form submitted by the provider not later than 30 business days after the insurer or hospital receives the completed credentialing application form.

(d) A hospital shall notify a provider concerning the status of the provider's completed credentialing application not later than:

(1) 60 days after the hospital receives the completed credentialing application form; and

(2) every 30 days after the notice is provided under subdivision (1) of this subsection, until the hospital makes a final credentialing determination concerning the provider.

(e) [Repealed.]

(f) An insurer shall act upon and finish the credentialing process of a completed application submitted by a provider within 60 calendar days after receipt of the application. An application shall be considered complete once the insurer has received all information and documentation necessary to make its credentialing determination as provided in subsections (b) and (c) of this section.
18 V.S.A. § 511 — VT Code / Title 18 / Chapter 9 / Section 511
§ 511. Actions against medical examiners
Status: in_force

Actions taken by any person given authority under this chapter, including an assistant medical examiner, shall be considered to be actions taken by a State employee for the purposes of 3 V.S.A. chapter 29 and 12 V.S.A. chapter 189 if such actions occurred within the scope of such person's duties.
18 V.S.A. § 5387 — VT Code / Title 18 / Chapter 121 / Section 5387
§ 5387. Money received prior to 1895
Status: in_force

Sections 5383-5386 of this title shall not be construed to affect the action of a town in respect to money received in trust for the purpose named by the donor, prior to February 1, 1895.
18 V.S.A. § 9571 — VT Code / Title 18 / Chapter 227 / Section 9571
§ 9571. Definitions
Status: in_force

As used in this subchapter:

(1) “Accountable care organization” and “ACO” means an organization of health care providers that has a formal legal structure, is identified by a federal taxpayer identification number, and agrees to be accountable for the quality, cost, and overall care of the patients assigned to it.

(2) “Health care provider” means a person, partnership, or corporation, including a health care facility, that is licensed, certified, or otherwise authorized by law to provide professional health care services in this State to an individual during that individual's medical care, treatment, or confinement.
18 V.S.A. § 4301 — VT Code / Title 18 / Chapter 85 / Section 4301
§ 4301. Definitions
Status: in_force

(a) As used in this chapter:

(1) “Bakery” means all buildings, rooms, basements, cellars, lofts, or other premises or part thereof used, occupied, or maintained for the purpose of producing for sale bread, cakes, pies, or other food products made either wholly or partially with flour.

(2) “Children's camp” means any residential camp for children that:

(A) offers a combination of programs and facilities established for the primary purpose of providing an experience to children;

(B) is operated for five or more consecutive days during one or more seasons of the year; and

(C) provides 24-hours-a-day supervision of children.

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

(4) “Cottage food operation” means a food manufacturing establishment where a cottage food product is produced.

(5) “Cottage food operator” means any person who produces or packages cottage food products solely in the home kitchen of the person's private residential dwelling or a kitchen on the person's personal property.

(6) “Cottage food product” means food sold by a cottage food operator that does not require refrigeration or time or temperature control for safety, such as:

(A) nonpotentially hazardous baked goods;

(B) candy;

(C) jams and jellies;

(D) dry herbs;

(E) trail mix;

(F) granola;

(G) cereal;

(H) mixed nuts;

(I) flavored vinegar;

(J) popcorn;

(K) coffee beans;

(L) dry tea;

(M) home-canned pickles, vegetables, or fruits having an equilibrium pH value of 4.6 or lower or a water activity value of 0.85 or less that are made using recipes:

(i) approved by the National Center for Home Food Preservation; or

(ii) reviewed by a food processing authority for safety; and

(N) any other good defined by the Commissioner in rule or policy.

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

(8) “Establishment” means food manufacturing establishments, food service establishments, lodging establishments, children's camps, seafood vending facilities, and shellfish reshippers and repackers.

(9) “Food” means articles of food, drink, confectionery, or condiment for human consumption, whether simple, mixed, or compound, and all substances and ingredients used in the preparation thereof.

(10) “Food manufacturing establishment” or “food processor” means all buildings, rooms, basements, cellars, lofts, or other premises or part thereof used, occupied, or maintained for the purpose of manufacturing, preparing, packing, canning, bottling, keeping, storing, handling, serving, or distributing food for sale. A food manufacturing establishment includes food processors, bakeries, cottage food operations, distributers, and warehouses. A food manufacturing establishment does not include a place where only maple syrup or maple products, as defined in 6 V.S.A. § 481, are prepared for human consumption.

(11) “Food service establishment” means entities that prepare, serve, and sell food to the public, including restaurants, temporary food vendors, caterers, mobile food units, and limited operations as defined in rule.

(12) “Lodging establishment” means a place where overnight accommodations are regularly provided to the transient, traveling, or vacationing public, including hotels, motels, inns, and bed and breakfasts. “Lodging establishment” does not include short-term rentals.

(13) “Salvage food” means any food product from which the label on the packaging has been lost or destroyed or that has been subjected to possible damage as the result of an accident, fire, flood, or other cause that prevents the product from meeting the specifications of the manufacturer or the packer but is otherwise suitable for human consumption.

(14) “Salvage food facility” means any food vendor for which salvage food comprises 50 percent or more of gross sales.

(15) “Seafood vending facility” means a store, motor vehicle, retail stand, or similar place from which a person sells seafood for human consumption.

(16) “Shellfish reshipper and repacker” means an establishment engaging in interstate commerce of molluskan shellfish.

(17) “Short-term rental” means a furnished house, condominium, or other dwelling room or self-contained dwelling unit rented to the transient, traveling, or vacationing public for a period of fewer than 30 consecutive days and for more than 14 days per calendar year.

(b) Nothing in this chapter shall be construed to modify or affect laws or rules of the Agency of Agriculture, Food and Markets.
18 V.S.A. § 5320 — VT Code / Title 18 / Chapter 121 / Section 5320
§ 5320. Temporary vaults
Status: in_force

A town may construct and maintain, on land owned by such town, temporary receiving vaults for the temporary disposition of dead bodies, if approved by a majority of voters present and voting at an annual or special town meeting duly warned for that purpose. Such temporary disposition shall be for a period not to exceed one year.
18 V.S.A. § 1651 — VT Code / Title 18 / Chapter 32 / Section 1651
§ 1651. Definitions
Status: in_force

In this chapter:

(1) “By-product material” means each of the following:

(A) Any radioactive material, other than special nuclear material, that is yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material.

(B) The tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content, including discrete surface wastes resulting from uranium solution extraction processes. However, “by-product material” does not include underground ore bodies depleted by these solution extraction operations.

(C) Any discrete source of radium-226 that is produced, extracted, or converted after extraction for use for a commercial, medical, or research activity.

(D) Any material that has been made radioactive by use of a particle accelerator and is produced, extracted, or converted after extraction for use for a commercial, medical, or research activity.

(E) Any discrete source of naturally occurring radioactive material, other than source material, that is extracted or converted after extraction for use in a commercial, medical, or research activity, if the Governor, after determination by the NRC, declares by order that the source would pose a threat similar to the threat posed by a discrete source of radium-226 to the public health and safety.

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

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

(4) “General license” means a license effective under rules adopted by the State radiation control agency without the filing of an application to transfer, acquire, own, possess, or use quantities of, or devices or equipment utilizing by-product, source, or special nuclear materials or other radioactive material occurring naturally or produced artificially.

(5) “Ionizing radiation” means gamma rays and X-rays, alpha and beta particles, high speed electrons, neutrons, protons, and other nuclear particles.

(6) “Nonionizing radiation” means radiations of any wavelength in the entire electromagnetic spectrum except those radiations defined in this section as ionizing. Nonionizing radiations include ultraviolet, visible, infrared, microwave, radiowave, low frequency electromagnetic radiation; infrasonic, sonic, and ultrasonic waves; electrostatic and magnetic fields.

(7) “NRC” means the U.S. Nuclear Regulatory Commission or any successor agency of the United States to the Commission.

(8) “Radioactive material” means any material, whether solid, liquid, or gas, that emits ionizing radiation spontaneously. The term includes material made radioactive by a particle accelerator, by-product material, naturally occurring radioactive material, source material, and special nuclear material.

(9) “Specific license” means a license, issued to a named person after application to use, manufacture, produce, transfer, receive, acquire, own, or possess quantities of, or devices or equipment utilizing byproduct, source, or special nuclear materials or other radioactive material occurring naturally or produced artificially.

(10) “Source material” means each of the following:

(A) uranium, thorium, or any combination of those elements, in any physical or chemical form;

(B) any other material that the Governor declares by order to be source material after the NRC has determined the material to be source material; or

(C) ores that contain uranium, thorium, or any combination of those elements in a concentration by weight of 0.05 percent or more or in such lower concentration as the Governor declares by order to be source material after the NRC has determined the material in such concentration to be source material.

(11) “Special nuclear material” means:

(A) plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material that the Governor declares by order to be special nuclear material after the NRC has determined the material to be such special nuclear material, but does not include source material; or

(B) any material artificially enriched by any elements, isotopes, or materials listed in subdivision (A) of this subdivision (11), but does not include source material.
18 V.S.A. § 5001 — VT Code / Title 18 / Chapter 101 / Section 5001
§ 5001. Duties of custodians
Status: in_force

(a) Beginning on January 1, 2010, all certified copies of vital event certificates shall be issued on unique paper with antifraud features approved by the State Registrar and available from the Office of Vital Records.

(b) Town custodians of vital event certificates shall ensure that the following are stored in a fireproof safe or vault:

(1) blank copies of antifraud paper;

(2) original vital event certificates; and

(3) such other records or materials as the State Registrar may prescribe.

(c)(1) The State Registrar may audit any municipal or county office that stores or issues vital records to determine its compliance with the requirements of this part and any rules adopted under this part. The State Registrar may require an office that fails an audit to cease issuing vital records until it passes a new audit.

(2) Following a failed audit, upon request, the State Registrar shall conduct a follow-up audit within 30 days after the request.
18 V.S.A. § 1701 — VT Code / Title 18 / Chapter 34 / Section 1701
§ 1701. Repealed. 2023 No. 53, § 132, eff. January 1, 2030.
Status: in_force

The Panel shall serve in an advisory capacity only and shall not have authority to direct decommissioning of the Vermont Yankee site. The duties of the Panel shall be:

(1) To hold a minimum of three public meetings each year for the purpose of discussing issues relating to the decommissioning of Vermont Yankee. The Panel may hold additional meetings.

(2) To advise the Governor, the General Assembly, the agencies of the State, and the public on issues related to the decommissioning of Vermont Yankee, with a written report being provided annually to the Governor and to the energy committees of the General Assembly. The provisions of 2 V.S.A. § 20(d) (expiration of reports) shall not apply to this report.

(3) To serve as a conduit for public information and education on and to encourage community involvement in matters related to the decommissioning of Vermont Yankee and to receive written reports and presentations on the decommissioning of the site at its regular meetings.

(4) To periodically receive reports, including those required by the Public Utility Commission Docket No. 8880 Order, on the Decommissioning Trust Fund and other funds associated with decommissioning of or site restoration at Vermont Yankee, including fund balances, expenditures made, and reimbursements received.

(5) To receive reports and presentations at regular meetings regarding the decommissioning progress and plans for Vermont Yankee, including any site assessments and post-shutdown decommissioning assessment reports; provide a forum for receiving public comment on these plans and reports; and provide comment on these plans and reports as the Panel may consider appropriate to State agencies and the owner of Vermont Yankee and in the annual report described in subdivision (2) of this subsection.
18 V.S.A. § 5363 — VT Code / Title 18 / Chapter 121 / Section 5363
§ 5363. Penalty
Status: in_force

A selectboard member, cemetery commissioner, or trustee who violates a provision of this chapter, or willfully neglects any of the duties imposed by this chapter, for which other penalties are not provided, shall be fined not more than $200.00.
18 V.S.A. § 3615 — VT Code / Title 18 / Chapter 77 / Section 3615
§ 3615. Charges for examinations, applications, reviews, and investigations
Status: in_force

The Department of Financial Regulation may charge its reasonable expenses in administering the provisions of this chapter to pharmacy benefit managers in the manner provided for in 8 V.S.A. § 18.
18 V.S.A. § 5250a — VT Code / Title 18 / Chapter 110 / Section 5250a
§ 5250a. Short title
Status: in_force

This chapter may be cited as the “Revised Uniform Anatomical Gift Act.”
18 V.S.A. § 2253 — VT Code / Title 18 / Chapter 51 / Section 2253
§ 2253. Liability
Status: in_force

A person making payment to the patient or to his or her attorneys or heirs or legal representatives as compensation for the injury sustained, after the filing and mailing of the notice without paying to the hospital the amount of its lien or so much thereof as can be satisfied out of the monies due after any final judgment or compromise or settlement agreement after paying the amount of any prior liens, shall, for one year from the date of payment, be liable to the hospital for the amount that the hospital was entitled to receive; and the hospital may, within that year, enforce its lien by a civil action against the person making any such payment. Provided, however, that unless said action is brought within said year, such lien shall be void.
18 V.S.A. § 5371 — VT Code / Title 18 / Chapter 121 / Section 5371
§ 5371. Town or city to furnish headstone
Status: in_force

In case of the burial of a person not having known estate, and not having a suitable marker or headstone erected at the person's grave within three years after the date of such burial, the selectboard of the town or the aldermen of a city, as the case may be, where such person is buried, shall cause to be erected at such person's grave, at the expense of such town or city, a suitable marker or headstone with the inscription thereon of the name of the deceased and dates of the deceased's birth and death, if the same are known.
18 V.S.A. § 2353 — VT Code / Title 18 / Chapter 53 / Section 2353
§ 2353. Application; fee [Effective January 1, 2027 or on effective date of rules]
Status: in_force

(a) An application for licensure of a birth center shall be made to the Department of Health in the manner specified by the Department and shall include all information required by the Department.

(b)(1) Each application for an initial license, renewal of a license, or a change of ownership shall be accompanied by a fee of $250.00.

(2) Fees collected under this section shall be credited to the Hospital Licensing Fees Special Fund and shall be available to the Department of Health to offset the costs of licensing birth centers.
18 V.S.A. § 8726 — VT Code / Title 18 / Chapter 204A / Section 8726
§ 8726. Application for services; rules
Status: in_force

(a) The Department shall adopt rules that include the following:

(1) Criteria for determining whether an applicant is a person with a developmental disability.

(2) A format and procedures, for processing applications for services, including time frames, emergency procedures, and notice of determination.

(3) Procedures and time frames for periodic reviews of a person's eligibility and continuing need for services.

(4) Standards and procedures for billing.

(5) Complaints and appeals, including notice as required in section 8727 of this title.

(b) The Department shall adopt rules that include the following:

(1) Certification standards and procedures for programs for people with developmental disabilities.

(2) Training standards for staff.

(3) Standards for training and supervision of personnel who perform special care procedures.

(c) Any person with a developmental disability or a family of a person with a disability shall be provided with:

(1) Timely information and referral to community and governmental resources.

(2) An opportunity to request services.

(3) Upon request, an assessment of the most appropriate supports and resources for their needs and choices.

(4) Services and funding within the Department's available resources in accordance with both the system of care plan and the person's or family's written plan of service.

(d) Any person with a developmental disability or a family who is receiving services on July 1, 1996, shall continue to receive services consistent with their needs and the system of care plan.
18 V.S.A. § 5309 — VT Code / Title 18 / Chapter 121 / Section 5309
§ 5309. Investment of funds
Status: in_force

The principal sum of such funds shall be invested in bonds of the United States or the State of Vermont, or in the bonds or in notes issued in anticipation of taxes and authorized by vote of any town, village, or city in this State, or loaned upon first mortgage on real estate in this State a sum not in excess of 60 percent of the value of such real estate, or upon collateral of any of the above securities of equal value with the loan, or in shares of a savings and loan association of this State or share accounts of a federal savings and loan association with its principal office in this State and to the extent to which the withdrawal or repurchase value of such shares or accounts may be insured by the Federal Savings and Loan Insurance Corporation, or stock in a federal bank, a safe deposit company, or a national bank or state bank or trust company organized and doing business in the United States. Up to 35 percent of the association's assets may be invested in common or preferred stocks of corporations organized and existing under the laws of any state of the United States of America, or may be invested in the manner required for the investment of trust funds, unless otherwise authorized by the donor. No assets of the association may be loaned to a member, officer, trustee, or director of any such cemetery agency.
18 V.S.A. § 707 — VT Code / Title 18 / Chapter 13 / Section 707
§ 707. Participation by health care professionals and hospitals
Status: in_force

(a) Hospitals shall participate in the Blueprint for Health by creating or maintaining connectivity to the State's Health Information Exchange Network as provided in this section and in section 9456 of this title.

(b) The Director of Health Care Reform or designee shall ensure hospitals have access to State and federal resources to support connectivity to the State's Health Information Exchange Network.

(c) The Director of the Blueprint shall engage health care professionals and providers to encourage participation in the Blueprint, including by providing information and assistance.
18 V.S.A. § 1001 — VT Code / Title 18 / Chapter 21 / Section 1001
§ 1001. Reports to Commissioner of Health
Status: repealed

(a) When a physician, health care provider, nurse practitioner, nurse, physician assistant, or school health official has reason to believe that a person is sick or has died of a diagnosed or suspected disease, identified by the Department of Health as a reportable disease and dangerous to the public health, or if a laboratory director has evidence of such sickness or disease, he or she shall transmit within 24 hours a report thereof and identify the name and address of the patient and the name of the patient's physician to the Commissioner of Health or designee. In the case of the human immunodeficiency virus (HIV), “reason to believe” shall mean personal knowledge of a positive HIV test result. The Commissioner, with the approval of the Secretary of Human Services, shall by rule establish a list of those diseases dangerous to the public health that shall be reportable. Nonmedical community-based organizations shall be exempt from this reporting requirement. All information collected pursuant to this section and in support of investigations and studies undertaken by the Commissioner for the purpose of determining the nature or cause of any disease outbreak shall be privileged and confidential. The Department of Health shall, by rule, require that any person required to report under this section has in place a procedure that ensures confidentiality.

(b) Public health records developed or acquired by State or local public health agencies that relate to HIV or AIDS and that contain either personally identifying information or information that may indirectly identify a person shall be confidential and only disclosed following notice to and written authorization from the individual subject of the public health record or the individual's legal representative. Notice otherwise required pursuant to this section shall not be required for disclosures to the federal government; other departments, agencies, or programs of the State; or other states' infectious disease surveillance programs if the disclosure is for the purpose of comparing the details of potentially duplicative case reports, public health surveillance, or epidemiological follow-up, provided the information shall be shared using the least identifying information first so that the individual's name shall be used only as a last resort.

(c) [Repealed.]

(d) A confidential public health record, including any information obtained pursuant to this section, shall not be:

(1) disclosed or discoverable in any civil, criminal, administrative, or other proceeding;

(2) used to determine issues relating to employment or insurance for any individual;

(3) used for any purpose other than public health surveillance, and epidemiological follow-up.

(e) Any person who:

(1) Willfully or maliciously discloses the content of any confidential public health record without written authorization or other than as authorized by law or in violation of subsection (b), (c), or (d) of this section shall be subject to a civil penalty of not less than $10,000.00 and not more than $25,000.00, costs and attorney's fees as determined by the court, compensatory and punitive damages, or equitable relief, including restraint of prohibited acts, costs, reasonable attorney's fees, and other appropriate relief.

(2) Negligently discloses the content of any confidential public health record without written authorization or other than as authorized by law or in violation of subsection (b), (c), or (d) of this section shall be subject to a civil penalty in an amount not to exceed $2,500.00 plus court costs, as determined by the court, which penalty and costs shall be paid to the subject of the confidential information.

(3) Willfully, maliciously, or negligently discloses the results of an HIV test to a third party in a manner that identifies or provides identifying characteristics of the person to whom the test results apply without written authorization or other than as authorized by law or in violation of subsection (b), (c), or (d) of this section and that results in economic, bodily, or psychological harm to the subject of the test is guilty of a misdemeanor, punishable by imprisonment for a period not to exceed one year or a fine not to exceed $25,000.00, or both.

(4) Commits any act described in subdivision (1), (2), or (3) of this subsection shall be liable to the subject for all actual damages, including damages for any economic, bodily, or psychological harm that is a proximate result of the act. Each disclosure made in violation of this chapter is a separate and actionable offense. Nothing in this section shall limit or expand the right of an injured subject to recover damages under any other applicable law.

(f) [Repealed.]

(g) Health care providers must, prior to performing an HIV test, inform the individual to be tested that a positive result will require reporting of the result and the individual's name to the Department, and that there are testing sites that provide anonymous testing that are not required to report positive results. The Department shall develop and make widely available a model notification form.

(h) Nothing in this section shall affect the ongoing availability of anonymous testing for HIV. Anonymous HIV testing results shall not be required to be reported under this section.

(i) The Department shall annually evaluate the systems and confidentiality procedures developed to implement networked and non-networked electronic reporting, including system breaches and penalties for disclosure to State personnel. The Department shall provide the results of this evaluation to and solicit input from the Vermont HIV/AIDS Community Advisory Group.

(j) The Department shall collaborate with community-based organizations to educate the public and health care providers about the benefits of HIV testing and the use of current testing technologies.

(k) The Commissioner shall maintain a separate database of reports received pursuant to subsection 1141(i) of this title for the purpose of tracking the number of tests performed pursuant to chapter 21, subchapter 5 of this title and other information as the Department of Health finds necessary and appropriate. The database shall not include any information that personally identifies a patient.
18 V.S.A. § 8732 — VT Code / Title 18 / Chapter 204A / Section 8732
§ 8732. Special care needs
Status: in_force

(a) For the purposes of this section, “special care procedure” means a procedure that is necessitated by a specific medical need that a person with a developmental disability would perform but for the person's disability, provided that, in the determination of the supervising registered nurse, the procedure may be performed safely by a trained special care provider.

(b) The Department shall, with the approval of the Board of Nursing, adopt rules that establish standards for training and supervision of personnel who perform special care procedures for people with developmental disabilities. The rules shall include training requirements, competency testing, and requirements for nursing supervision.
18 V.S.A. § 5223 — VT Code / Title 18 / Chapter 107 / Section 5223
§ 5223. Unidentified fetus
Status: in_force

A medical examiner shall investigate an unidentified fetus and shall prepare and file a report. If it cannot otherwise be determined, the place where the fetus was found shall be entered as place of fetal death.
18 V.S.A. § 1054 — VT Code / Title 18 / Chapter 21 / Section 1054
§ 1054. Tuberculosis clinic and treatment program
Status: in_force

(a) The Department shall visit all newly reported cases or suspect cases of tuberculosis with periodic follow-up visits as deemed necessary.

(b) The Department shall provide for:

(1) prompt examination of all suspects and contacts;

(2) chemotherapeutic treatment of all active cases attending this clinic; and hospitalization in accordance with sections 1047-1051 of this title;

(3) chemotherapy for converters and inactive cases;

(4) the reevaluation and reexamination of inactive cases as medically indicated.
18 V.S.A. § 5250i — VT Code / Title 18 / Chapter 110 / Section 5250i
§ 5250i. Who may make anatomical gift of decedent's body or part
Status: repealed

(a) Subject to subsections (b) and (c) of this section and unless barred by section 5250g or 5250h of this title, an anatomical gift of a decedent's body or part for purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed:

(1) an agent of the decedent at the time of death who could have made an anatomical gift under subdivision 5250d(2) of this title immediately before the decedent's death;

(2) the spouse of the decedent;

(3) [Repealed.]

(4) adult children of the decedent;

(5) parents of the decedent;

(6) adult siblings of the decedent;

(7) adult grandchildren of the decedent;

(8) grandparents of the decedent;

(9) an adult who exhibited special care and concern for the decedent;

(10) the persons who were acting as the guardians of the person of the decedent at the time of death; and

(11) any other person having the authority to dispose of the decedent's body.

(b) If there is more than one member of a class listed in subdivision (a)(1), (4), (5), (6), (7), (8), or (10) of this section entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under section 5250k of this title knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.

(c) A person may not make an anatomical gift if, at the time of the decedent's death, a person in a prior class under subsection (a) of this section is reasonably available to make or to object to the making of an anatomical gift.
18 V.S.A. § 5166 — VT Code / Title 18 / Chapter 106 / Section 5166
§ 5166. Certification by unauthorized person; penalty; validity of civil unions
Status: in_force

(a) An unauthorized person who knowingly undertakes to join others in a civil union shall be imprisoned not more than six months or fined not more than $300.00 nor less than $100.00, or both.

(b) A civil union certified before a person falsely professing to be a justice or a member of the clergy shall be valid, provided that the civil union is in other respects lawful, and that either of the parties to a civil union believed that he or she was lawfully joined in a civil union.
18 V.S.A. § 7508 — VT Code / Title 18 / Chapter 179 / Section 7508
§ 7508. Emergency examination and second certification
Status: in_force

(a) When an initial certification is issued for an emergency examination of a person in accordance with section 7504 or subsection 7505(e) of this title, he or she shall be examined and certified by a psychiatrist as soon as practicable, but not later than 24 hours after initial certification.

(b) If the person is held for admission on an application and physician's certificate, the examining psychiatrist shall not be the same physician who signed the certificate.

(c) If the psychiatrist does not issue a second certification stating that the person is a person in need of treatment, he or she shall immediately discharge or release the person and cause him or her to be returned to the place from which he or she was taken or to such place as the person reasonably directs.

(d) If the psychiatrist does issue a second certification that the person is a person in need of treatment, the person may continue to be held for an additional 72 hours, at which time the person shall be discharged or released, unless within that period:

(1) the person has accepted voluntary admission under section 7503 of this title; or

(2) an application for involuntary treatment is filed with the appropriate court under section 7612 of this title, in which case the patient shall continue to be held pending the court's finding of probable cause on the application.

(e)(1)(A) A person shall be deemed to be in the temporary custody of the Commissioner when the first of the following occurs:

(i) a physician files an initial certification for the person while the person is in a hospital; or

(ii) a person is certified by a psychiatrist to be a person in need of treatment during an emergency examination.

(B) Temporary custody under this subsection shall continue until the court issues an order pursuant to subsection 7617(b) of this title or the person is discharged or released.

(2) The Commissioner shall make every effort to ensure that a person held for an emergency examination pending a hospital admission is receiving temporary care and treatment that:

(A) uses the least restrictive manner necessary to protect the safety of both the person and the public;

(B) respects the privacy of the person and other patients; and

(C) prevents physical and psychological trauma.

(3) All persons admitted or held for admission shall receive a notice of rights as provided for in section 7701 of this title, which shall include contact information for Vermont Legal Aid, the Office of the Mental Health Care Ombudsman, and the mental health patient representative. The Department of Mental Health shall develop and regularly update informational material on available peer-run support services, which shall be provided to all persons admitted or held for admission.

(4) A person held for an emergency examination may be admitted to an appropriate hospital at any time.
18 V.S.A. § 9701 — VT Code / Title 18 / Chapter 231 / Section 9701
§ 9701. Definitions
Status: in_force

As used in this chapter:

(1) “Advance directive” means a written record executed pursuant to section 9703 of this title, which may include appointment of an agent, identification of a preferred primary care clinician, instructions on health care desires or treatment goals, an anatomical gift, disposition of remains, and funeral goods and services. The term includes documents designated under prior law as a durable power of attorney for health care or a terminal care document.

(2) “Agent” means an adult with capacity to whom authority to make health care decisions is delegated under an advance directive, including an alternate agent if the agent is not reasonably available.

(3) “Anatomical gift” shall have the same meaning as provided in subdivision 5250b(3) of this title.

(4) “Capacity” means an individual's ability to make and communicate a decision regarding the issue that needs to be decided.

(A) An individual shall be deemed to have capacity to appoint an agent if the individual has a basic understanding of what it means to have another individual make health care decisions for oneself and of who would be an appropriate individual to make those decisions, and can identify whom the individual wants to make health care decisions for the individual.

(B) An individual shall be deemed to have capacity to make a health care decision if the individual has a basic understanding of the diagnosed condition and the benefits, risks, and alternatives to the proposed health care.

(5) “Clinician” means a medical doctor licensed to practice under 26 V.S.A. chapter 23, an osteopathic physician licensed pursuant to 26 V.S.A. chapter 33, an advanced practice registered nurse licensed pursuant to 26 V.S.A. chapter 28, subchapter 2, and a physician assistant licensed pursuant to 26 V.S.A. chapter 31 acting within the scope of the license under which the clinician is practicing.

(6) “Clinician orders for life-sustaining treatment” or “COLST” means a clinician's order or orders for treatment such as intubation, mechanical ventilation, transfer to hospital, antibiotics, artificially administered nutrition, or another medical intervention. A COLST order is designed for use in outpatient settings and health care facilities and may include a DNR order that meets the requirements of section 9708 of this title.

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

(8) “Do-not-resuscitate order” or “DNR order” means a written order of the patient's clinician directing health care providers not to attempt resuscitation.

(9) “DNR identification” means a necklace, bracelet, or anklet identifying the patient as an individual who has a DNR order.

(10) “Emergency medical personnel” shall have the same meaning as provided in 24 V.S.A. § 2651.

(11) “Guardian” means a person appointed by the Probate Division of the Superior Court who has the authority to make medical decisions pursuant to 14 V.S.A. § 3069(c).

(12) “Health care” means any treatment, service, or procedure to maintain, diagnose, or treat an individual's physical or mental condition, including services provided pursuant to a clinician's order, and services to assist in activities of daily living provided by a health care provider or in a health care facility or residential care facility.

(13) “Health care decision” means consent, refusal to consent, or withdrawal of consent to any health care and includes consent to receive out-of-network services.

(14) “Health care facility” shall have the same meaning as provided in section 9432 of this title.

(15) “Health care provider” shall have the same meaning as provided in section 9432 of this title and shall include emergency medical personnel.

(16) “HIPAA” means the Health Insurance Portability and Accountability Act of 1996, codified at 42 U.S.C. § 1320d and 45 C.F.R. §§ 160-164.

(17) “Informed consent” means the consent given voluntarily by an individual with capacity, on his or her own behalf or on behalf of another in the role of an agent, guardian, or surrogate, after being fully informed of the nature, benefits, risks, and consequences of the proposed health care, alternative health care, and no health care.

(18) “Interested individual” means:

(A) the principal's or patient's spouse, adult child, parent, adult sibling, adult grandchild, or clergy person; or

(B) any adult who has exhibited special care and concern for the principal or patient and who is personally familiar with the principal's or patient's values.

(19) “Life sustaining treatment” means any medical intervention, including nutrition and hydration administered by medical means and antibiotics, which is intended to extend life and without which the principal or patient is likely to die.

(20) “Nutrition and hydration administered by medical means” means the provision of food and water by means other than the natural ingestion of food or fluids by eating or drinking. Natural ingestion includes spoon feeding or similar means of assistance.

(21) “Ombudsman” means:

(A) the State Long-Term Care Ombudsman or a representative of the Ombudsman's Office, as defined in 33 V.S.A. § 7501; or

(B) a representative of the agency designated as the Office of the Mental Health Care Ombudsman pursuant to section 7259 of this title.

(22) “Patient's clinician” means the clinician who currently has responsibility for providing health care to the patient.

(23) “Principal” means an adult who has executed an advance directive.

(24) “Principal's clinician” means a clinician who currently has responsibility for providing health care to the principal.

(25) “Probate Division of the Superior Court designee” means a responsible, knowledgeable individual independent of a health care facility designated by the Probate Division of the Superior Court in the district where the principal resides or the county where the facility is located.

(26) “Procurement organization” shall have the same meaning as in subdivision 5250b(22) of this title.

(27) “Reasonably available” means able to be contacted with a level of diligence appropriate to the seriousness and urgency of a principal's health care needs, and willing and able to act in a timely manner considering the urgency of the principal's health care needs.

(28) “Registry” means a secure, web-based database created by the Commissioner to which individuals may submit an advance directive or information regarding the location of an advance directive that is accessible to principals and agents and, as needed, to individuals appointed to arrange for the disposition of remains, procurement organizations, health care providers, health care facilities, residential care facilities, funeral directors, crematory operators, cemetery officials, Probate Division of the Superior Court officials, and the employees thereof.

(29) “Residential care facility” means a residential care home or an assisted living residence as those terms are defined in 33 V.S.A. § 7102.

(30) “Resuscitate” or “resuscitation” includes chest compressions and mask ventilation; intubation and ventilation; defibrillation or cardioversion; and emergency cardiac medications provided according to the guidelines of the American Heart Association's Cardiac Life Support program.

(31) “DNR/COLST” means a do-not-resuscitate order (DNR) or a clinician order for life-sustaining treatment (COLST), or both.

(32) “Surrogate” means an interested individual who provides or withholds, pursuant to subchapter 2 of this chapter, informed consent for a do-not-resuscitate order or a clinician order for life-sustaining treatment.

(33) “Suspend” means to terminate the applicability of all or part of an advance directive for a specific period of time or while a specific condition exists.

(34) “Mental health patient representative” means the mental health patient representative established by section 7253 of this title.

(35) “Digital signature” means an electronic identifier that is intended by the individual using it to have the same force and effect as a manual signature and that meets all of the following requirements:

(A) uses an algorithm approved by either the National Institute of Standards and Technology or by the Department of Health;

(B) is unique to the individual using it;

(C) is capable of verification;

(D) is under the sole control of the individual using it;

(E) is linked to data in a manner that invalidates the digital signature if the data is changed;

(F) persists with the document and not by association in separate files; and

(G) is bound to a digital certificate.

(36) “Remote witness” means a witness who is not physically present when a principal signs an advance directive.
18 V.S.A. § 506 — VT Code / Title 18 / Chapter 9 / Section 506
§ 506. Duties and compensation of the Chief Medical Examiner performing autopsy
Status: in_force

At such autopsy, the Chief Medical Examiner shall take and preserve under proper seal such portions of the body and its contents, together with such other articles as the Chief Medical Examiner judges may require subsequent examination in the investigation of the case. For performing such autopsy, the Chief Medical Examiner shall be paid actual expenses, including the expenses of the Chief Medical Examiner's assistants. The Commissioner of Finance and Management, upon presentation of the account for such expenses, duly sworn to by the Chief Medical Examiner and approved by the Attorney General, shall issue the Commissioner's warrant for the expenses.
18 V.S.A. § 504 — VT Code / Title 18 / Chapter 9 / Section 504
§ 504. Investigation in criminal cause; expert witness
Status: in_force

When the State's Attorney of a county, on the order of a Superior judge or the Attorney General, for use in a criminal cause pending in the State's Attorney's office, requests an expert investigation, chemical or pathological, of a substance, such investigation shall immediately be made at the laboratory, without charge to the State, and the expert making or interpreting such investigation shall submit the results of such expert's work to such State's Attorney and shall attend court as a witness at any place in the State when required to do so by subpoena and submit in court the results of such expert's investigation, and the expert shall be paid as a witness, including the expert's actual expenses of attendance when summoned by the State.
18 V.S.A. § 8003 — VT Code / Title 18 / Chapter 189 / Section 8003
§ 8003. Personal needs of patient
Status: in_force

The Commissioner shall make any necessary arrangements to ensure:

(1) that no patient is discharged or granted a conditional release from a hospital without suitable clothing; and

(2) that any indigent patient discharged or granted a conditional release is furnished suitable transportation for his or her return home and an amount of money as may be prescribed by the head of the hospital to enable the patient to meet his or her immediate needs.
18 V.S.A. § 5250r — VT Code / Title 18 / Chapter 110 / Section 5250r
§ 5250r. Immunity
Status: in_force

(a) A person who acts in accordance with this chapter or with the applicable anatomical gift law of another state or attempts in good faith to do so is not liable for the act in a civil action, criminal prosecution, or administrative proceeding. An act that relies upon a document of gift in a donor registry, a signed statement by a donor in an advance directive, or a donor card shall be presumed to be in good faith.

(b) Neither the person making an anatomical gift nor the donor's estate is liable for any injury or damage that results from the making or use of the gift.

(c) In determining whether an anatomical gift has been made, amended, or revoked under this chapter, a person may rely upon representations of an individual listed in subdivision 5250i(a)(2), (3), (4), (5), (6), (7), (8), or (9) of this title relating to the individual's relationship to the donor or prospective donor, unless the person knows that the representation is untrue.
18 V.S.A. § 8203 — VT Code / Title 18 / Chapter 193 / Section 8203
§ 8203. Notice of revocation
Status: in_force

When a license is revoked, the Commissioner shall notify the holder thereof in writing and shall file a copy of the notice in the office of the clerk of the county in which the hospital is located, within five days after the date thereof.
18 V.S.A. § 1095 — VT Code / Title 18 / Chapter 21 / Section 1095
§ 1095. Treatment of partner of patient diagnosed with a sexually transmitted disease
Status: in_force

(a) As used in this section:

(1) “Expedited partner treatment” means the practice of treating the sexual partner or partners of a patient diagnosed with a sexually transmitted disease for the sexually transmitted disease by providing a prescription or medication to the patient for the sexual partner or partners without the prescribing or dispensing health care professional examining the sexual partner or partners.

(2) “Health care professional” means a physician licensed pursuant to 26 V.S.A. chapter 23 or 33, a physician assistant certified to prescribe and dispense prescription drugs pursuant to 26 V.S.A. chapter 31, or a nurse authorized to prescribe and dispense prescription drugs pursuant to 26 V.S.A. chapter 28.

(b) A health care professional may provide expedited partner treatment to a patient's sexual partner or partners for the treatment of a sexually transmitted disease designated by the Commissioner by rule.

(c) A health care professional who prescribes or dispenses prescription drugs for a patient's sexual partner or partners without an examination pursuant to subsection (b) of this section shall do so in accordance with guidance published by the Commissioner and shall include with each prescription and medication dispensed a letter that:

(1) cautions the sexual partner not to take the medication if he or she is allergic to the medication prescribed or dispensed; and

(2) recommends that the sexual partner visit a health care professional for evaluation.

(d) The Commissioner shall establish by rule additional treatment standards for expedited partner treatment and authorize expedited partner treatment for any sexually transmitted diseases, provided that expedited partner treatment for those diseases conforms to the best practice recommendations of the Centers for Disease Control and Prevention.
18 V.S.A. § 8721 — VT Code / Title 18 / Chapter 204A / Section 8721
§ 8721. Purpose
Status: in_force

It is the policy of the State of Vermont that each citizen with a developmental disability shall have the following opportunities:

(1) To live in a safe environment with respect and dignity.

(2) To live with family or in a home of his or her choice.

(3) To make choices that affect his or her life.

(4) To attend neighborhood schools, be employed, and participate in activities, to the extent that this purpose is not construed to alter or extend rights or responsibilities of federal laws relating to special education.

(5) To have access to the community support and services that are available to other citizens.
18 V.S.A. § 1746 — VT Code / Title 18 / Chapter 37 / Section 1746
§ 1746. Municipal ordinances
Status: in_force

Nothing in this chapter shall be construed to supersede or in any manner affect a municipal smoking ordinance, provided that the provisions of such ordinance are at least as protective of the rights of nonsmokers as the provisions of this chapter.
18 V.S.A. § 7620 — VT Code / Title 18 / Chapter 181 / Section 7620
§ 7620. Application for continued treatment
Status: in_force

(a) If, prior to the expiration of any order issued in accordance with section 7623 of this title, the Commissioner believes that the condition of the patient is such that the patient continues to require treatment, the Commissioner shall apply to the court for a determination that the patient is a patient in need of further treatment and for an order of continued treatment.

(b) An application for an order authorizing continuing treatment shall contain a statement setting forth the reasons for the Commissioner's determination that the patient is a patient in need of further treatment, a statement describing the treatment program provided to the patient, and the results of that course of treatment.

(c) Any order of treatment issued in accordance with section 7623 of this title shall remain in force pending the court's decision on the application.

(d) If the Commissioner seeks to have the patient receive the further treatment in a secure residential recovery facility or a psychiatric residential treatment facility for youth, the application for an order authorizing continuing treatment shall expressly state that such treatment is being sought. The application shall contain, in addition to the statements required by subsection (b) of this section, a statement setting forth the reasons for the Commissioner's determination that clinically appropriate treatment for the patient's condition can be provided safely only in a secure residential recovery facility or a psychiatric residential treatment facility for youth, respectively.
18 V.S.A. § 4307 — VT Code / Title 18 / Chapter 85 / Section 4307
§ 4307. Hearing; orders
Status: in_force

When an inspection demonstrates that any establishment is being maintained or operated in violation of the provisions of this chapter or any related rules, the Commissioner shall provide written notice, together with an order commanding both abatement of the violation and compliance with this chapter within a reasonable period of time to be fixed in the order. Under any related rules adopted by the Commissioner, a person upon whom the notice and order are served shall be given an opportunity to be heard and to show cause as to why the order should be vacated or amended. When, upon a hearing, it appears that the provisions of this chapter have not been violated, the Commissioner shall immediately vacate the order, but without prejudice. When, however, it appears that the provisions have been violated and the person fails to comply with an order issued by the Commissioner under the provisions of this section, the Commissioner shall revoke, modify, or suspend the person's license or enforce a civil penalty.
18 V.S.A. § 1561 — VT Code / Title 18 / Chapter 30A / Section 1561
§ 1561. Child Fatality Review Team
Status: in_force

(a) Creation. There is created the Child Fatality Review Team within the Department of Health for the following purposes:

(1) to examine cases of child fatality in Vermont in which the fatality is either unexpected, unexplained, or preventable;

(2) to identify system gaps and risk factors associated with child fatalities that are either unexpected, unexplained, or preventable;

(3) to educate the public, service providers, and policymakers about unexpected, unexplained, or preventable child fatalities and strategies for intervention;

(4) to recommend legislation, rules, policies, practices, training, and coordination of services that promote interagency collaboration and prevent future unexpected, unexplained, or preventable child fatalities.

(b) Membership.

(1) The Team shall comprise the following members:

(A) the Chief Medical Examiner or designee;

(B) the Commissioner of Health or designee;

(C) the Commissioner for Children and Families or designee;

(D) the Commissioner of Mental Health or designee;

(E) the Commissioner of Public Safety or designee;

(F) the Secretary of Education or designee;

(G) the Attorney General or designee;

(H) a physician licensed to practice pursuant to 26 V.S.A. chapter 23 or 33 who specializes in the practice of pediatrics, appointed by the Vermont chapter of the American Academy of Pediatrics;

(I) a physician licensed to practice pursuant to 26 V.S.A. chapter 23 or 33 who specializes in the practice of child psychiatry, appointed by the Vermont Psychiatric Association;

(J) a municipal law enforcement officer, appointed by the Vermont Association of Chiefs of Police; and

(K) any other professional specializing in child abuse or neglect, health, social work, child care, education, or law enforcement and who is appointed by the Secretary of Human Services.

(2)(A) The members of the Team specified in subdivision (1) of this subsection (b) shall serve three-year terms, except that of the members first appointed pursuant to subdivisions (1)(H)–(K) of this subsection (b), two shall serve a term of one year and two shall serve a term of two years.

(B) Any vacancy on the Team shall be filled in the same manner as the original appointment. The replacement member shall serve for the remainder of the unexpired term.

(c) Meetings.

(1) The Team shall meet at such times as may reasonably be necessary to carry out its duties, but at least once in each calendar quarter.

(2) The Commissioner of Health or designee shall call the first meeting of the Team to occur on or before September 30, 2018.

(3) The Team shall select a chair and vice chair from among its members at the first meeting, and biannually thereafter.

(d) Assistance. The Team shall have the administrative, technical, and legal assistance of the Department of Health.

(e) Access to information and records.

(1) In any case under review by the Team, upon written request of the Chair, a person who possesses information or records that are necessary and relevant to the review of a child fatality that is either unexpected, unexplained, or preventable shall, as soon as practicable, provide the Team with the information and records. All requests for information or records by the Chair related to a case under review shall be provided by the person possessing the information or records to the Team at no cost.

(2) A person shall not be held criminally or civilly liable for disclosing or providing information or records to the Team pursuant to this subsection.

(3) The Team shall not have access to the proceedings, reports, and records of a peer review committee as defined in 26 V.S.A. § 1441.

(f) Limitations.

(1) The Team's review process shall not commence until:

(A) any criminal prosecution arising out of the child fatality is concluded or the Attorney General and State's Attorney provide written notice to the Team that no criminal charges shall be filed; and

(B) any investigation by the Department for Children and Families is concluded.

(2) The Team shall seek to obtain information or records generated in the course of an investigation from State agencies or law enforcement officials before making a request to health care providers and educators.

(g) Confidentiality.

(1)(A) The records produced or acquired by the Team are exempt from public inspection and copying under the Public Records Act and shall be kept confidential. The records of the Team are not subject to subpoena, discovery, or introduction into evidence in a civil or criminal action. Nothing in this section shall be construed to limit or restrict the right to discover or use in any civil or criminal proceedings information or records that are available from another source and entirely outside the Team's review. The Team shall not use the information or records generated during the course of its review for purposes other than those described in this section.

(B) The Department may share deidentified data produced or acquired by the Team with other states that have child fatality review panels, provided access under such agreements is consistent with the privacy, security, and disclosure protections in this chapter.

(2) The Team's meetings are confidential and shall be exempt from 1 V.S.A. chapter 5, subchapter 2 (the Vermont Open Meeting Law).

(3) Members of the Team and persons invited to testify before the Team shall not disclose information, records, discussions, and opinions stated in connection to the Team's review. Members of the Team and persons invited to testify before the Team shall execute a sworn statement honoring the confidentiality of all information, records, discussions, and opinions related to the Team's review, which shall be maintained by the Chair.

(h) Report. Notwithstanding 2 V.S.A. § 20(d), the Team shall report its conclusions and recommendations to the Governor and General Assembly, as the Team deems necessary, but not less frequently than once per calendar year. The report shall disclose individually identifiable information only to the extent necessary to convey the Team's conclusions and recommendations, and any such disclosures shall be limited to information already known to the public. The report shall be available to the public through the Department of Health.

(i) Definition. As used in this chapter, “child” means an individual from the time of birth to 18 years of age.
18 V.S.A. § 1914 — VT Code / Title 18 / Chapter 43A / Section 1914
§ 1914. Rulemaking
Status: in_force

(a) The Commissioner shall adopt rules pursuant to 3 V.S.A. chapter 25 establishing the hospital obligations listed in section 1915 of this title and otherwise necessary for the implementation of the safety system.

(b) The rules shall list reportable adverse events, which shall include the “serious reportable events” published by the National Quality Forum. The Commissioner shall consult with experts and hospitals when making changes to the list of reportable adverse events and shall consider the implications of reporting requirements that may be established as a result of the federal Patient Safety and Quality Improvement Act of 2005. The Department shall consult with other regulatory agencies and departments and, to the extent possible, avoid imposing duplicative reporting requirements.
18 V.S.A. § 1752 — VT Code / Title 18 / Chapter 38 / Section 1752
§ 1752. Accreditation of training programs; individuals, entities, or firms involved in lead-based paint or RRPM activities
Status: in_force

(a) The Department shall develop a program to administer and enforce lead-based paint activities and RRPM activities with regard to training and licensing standards, rules, or other requirements established by the Commissioner, which are at least as protective of human health and the environment as the applicable federal programs, for persons engaged in lead-based paint activities and RRPM activities performed on target housing, child-occupied facilities, pre-1978 facilities, commercial facilities, and bridges or other superstructures.

(b) The Commissioner shall adopt rules pursuant to 3 V.S.A. chapter 25 establishing standards and specifications for the accreditation of training programs for lead-based paint activities and RRPM activities, including the mandatory topics of instruction, the knowledge and performance standards that must be demonstrated by graduates in order to be certified or licensed, and required accreditation qualifications for training programs and instructors. The standards shall be designed to protect children, their families, and workers from improperly conducted lead-based paint activities and RRPM activities and shall be at least as protective of human health and the environment as the federal programs. Hands-on instruction and instruction for identification and proper handling of historic fabric and materials shall be components of the required training.

(c) The Commissioner shall license consulting contractors, analytical contractors, lead-based paint abatement supervisors, lead-based paint abatement workers, project designers, inspector-risk assessors, RRPM firms, and RRPM supervisors, who have successfully completed an accredited training program and met other requirements as the Commissioner may, by rule, impose.

(d) The Commissioner shall certify individuals engaged in RRPM activities for no compensation and who have successfully completed an accredited training program and met all other requirements as the Commissioner may impose by rule.

(e) After the adoption of rules pursuant to this section, a person shall not perform lead-based paint activities or RRPM activities for compensation without first obtaining a license from the Commissioner. The Commissioner may grant a license to a person who holds a valid license from another state.

(f) Nothing in this chapter shall be construed to limit the authority of the Secretary or the Commissioner of Health, of Labor, or of Environmental Conservation under the provisions of any other law.
18 V.S.A. § 9403 — VT Code / Title 18 / Chapter 221 / Section 9403
§ 9403. Statewide Health Care Delivery Strategic Plan
Status: in_force

(a) The Agency of Human Services, in collaboration with the Green Mountain Care Board, the Department of Financial Regulation, the Vermont Program for Quality in Health Care, the Office of the Health Care Advocate, the Health Care Delivery Advisory Committee established in section 9403a of this title, the Vermont Steering Committee for Comprehensive Primary Health Care established pursuant to section 9403b of this title, and other interested stakeholders, shall lead development of an integrated Statewide Health Care Delivery Strategic Plan as set forth in this section.

(b) The Plan shall:

(1) Align with the principles for health care reform expressed in section 9371 of this title.

(2) Identify existing services and promote universal access across Vermont to high-quality, cost-effective acute care; primary care, including primary mental health services; chronic care; long-term care; substance use disorder treatment services; emergency medical services; nonemergency medical services; nonmedical services and supports; and hospital-based, independent, and community-based services.

(3) Define a shared vision and shared goals and objectives for improving access to and the quality, efficiency, and affordability of health care services in Vermont and for reducing disparities in access resulting from demographic factors or health status, including benchmarks for evaluating progress.

(4) Identify the resources, infrastructure, and support needed to achieve established targets, which will ensure the feasibility and sustainability of implementation.

(5) Provide a phased implementation timeline with milestones and regular reporting to ensure adaptability as needs evolve.

(6) Promote accountability and continuous quality improvement across Vermont's health care system through the use of data, scientifically grounded methods, and high-quality performance metrics to evaluate effectiveness and inform decision making.

(7) Provide annual targets for the total cost of care across Vermont's health care system. Using these total cost of care targets, the Plan shall identify appropriate allocations of health care resources and services across the State that balance quality, access, and cost containment. The Plan shall also establish targets for the percentages of overall health care spending that should reflect spending on primary care services, including mental health services, and on preventive care services, which targets shall be aligned with the total cost of care targets.

(8) Build on data and information from:

(A) the transformation planning resulting from 2022 Acts and Resolves No. 167, Secs. 1 and 2;

(B) the expenditure analysis and health care spending estimate developed pursuant to section 9383 of this title;

(C) the State Health Improvement Plan adopted pursuant to subsection 9405(a) of this title;

(D) the Health Resource Allocation Plan published by the Green Mountain Care Board in accordance with subsection 9405(b) of this title;

(E) hospitals' community health needs assessments and strategic planning conducted in accordance with section 9405a of this title;

(F) hospital and ambulatory surgical center quality information published by the Department of Health pursuant to section 9405b of this title;

(G) the statewide quality assurance program maintained by the Vermont Program for Quality in Health Care pursuant to section 9416 of this title;

(H) the 2020 report determining the proportion of health care spending in Vermont that is allocated to primary care, submitted to the General Assembly by the Green Mountain Care Board and the Department of Vermont Health Access in accordance with 2019 Acts and Resolves No. 17, Sec. 2;

(I) the 2024 report on Blueprint for Health payments to patient-centered medical homes, submitted to the General Assembly by the Agency of Human Services in accordance with 2023 Acts and Resolves No. 51, Sec. 5; and

(J) such additional sources of data and information as the Agency and other stakeholders deem appropriate.

(9) Identify:

(A) opportunities to improve the quality of care across the health care delivery system, including exemplars of high-quality care to stimulate best practice dissemination;

(B) gaps in access to care, as well as unnecessary duplication of services, including circumstances in which service closures or consolidations may result in improvements in quality, access, and affordability;

(C) opportunities to reduce administrative burdens;

(D) federal, State, and other barriers to achieving the Plan's goals and, to the extent feasible, how those barriers can be removed or mitigated;

(E) priorities in steps for achieving the goals of the Plan;

(F) barriers to access to appropriate mental health and substance use disorder services that meet standards of quality, access, and affordability equivalent to other components of health care;

(G) opportunities to integrate health care services for individuals in the custody of the Department of Corrections as part of Vermont's health care delivery system;

(H) enhancements in quality reporting and data collection to provide a more current and accurate picture of the quality of health care delivery across Vermont; and

(I) systems to ensure that reported data is shared with and is accessible to the health care professionals who are providing care, enabling them to track performance and inform improvement.

(c) State agencies shall cooperate with all reasonable requests from the Agency of Human Services for data and other information and assistance needed for the Agency to prepare and update the Plan pursuant to this section.

(d)(1) In 2025 and 2026, the Agency of Human Services shall engage with stakeholders; collect and analyze data; gather information obtained through the processes established in 2022 Acts and Resolves No. 167, Secs. 1 and 2; and solicit input from the public.

(2) In 2027, the Agency shall prepare the Plan.

(3) On or before January 15, 2028, the Agency shall provide the Plan to the House Committees on Health Care and on Human Services and the Senate Committee on Health and Welfare.

(4) The Agency shall prepare an updated Plan every three years and shall provide it to the General Assembly on or before December 1 of every third year, beginning on December 1, 2030.
18 V.S.A. § 2360 — VT Code / Title 18 / Chapter 53 / Section 2360
§ 2360. No effect on scope of services [Effective January 1, 2027 or on effective date of rules]
Status: in_force

(a) Nothing in this chapter or in rules adopted pursuant to this chapter shall be construed to expand or limit the scope of the services that a licensed midwife, certified nurse midwife, or other provider may offer at a birth center or perform in a space that is shared with or adjacent to a birth center.

(b) A birth center may serve as a location for additional services offered in shared or adjacent spaces, including outpatient gynecologic care, primary care, and education and support services, provided that any licensed provider providing services in those spaces shall only provide those services that are within the licensed provider's authorized scope of practice.
18 V.S.A. § 9731 — VT Code / Title 18 / Chapter 231 / Section 9731
§ 9731. Informed consent by surrogate for DNR/COLST order
Status: in_force

(a)(1) One or more interested individuals may be eligible to act as the surrogate for an adult without capacity in order to provide or withhold informed consent for a do-not-resuscitate order or clinician order for life-sustaining treatment pursuant to this subchapter. Only one interested individual may act as a surrogate at a time.

(2)(A) A patient's health care provider shall not be considered an interested individual and shall not serve as a patient's surrogate to provide or withhold informed consent for a DNR/COLST order pursuant to this chapter unless related to the patient by blood, marriage, civil union, or adoption.

(B) The owner, operator, employee, agent, or contractor of a residential care facility, health care facility, or correctional facility in which the patient resides at the time the DNR/COLST order is written shall not be considered an interested individual and shall not act as the patient's surrogate to provide or withhold consent for a DNR/COLST order pursuant to this chapter unless related to the patient by blood, marriage, civil union, or adoption.

(b) A surrogate may provide or withhold informed consent only if all of the following conditions are met:

(1) the patient's clinician determines that the patient lacks capacity to provide informed consent;

(2) the patient has not appointed an agent through an advance directive;

(3) the patient has not indicated in an advance directive that the interested individual or individuals seeking to serve as surrogate should not be consulted on health care decisions or otherwise provided instructions in an advance directive contrary to allowing such individual or individuals to serve as surrogate;

(4) the patient does not have a guardian who is authorized to make health care decisions; and

(5) the patient does not object to the surrogate providing or withholding consent for a DNR/COLST order or to the treatment proposed to be provided or withdrawn pursuant to a DNR/COLST order, even if the patient lacks capacity.

(c)(1) A surrogate shall be an interested individual who is designated by the patient by personally informing the patient's clinician. If the patient designates a surrogate to the clinician orally, the clinician shall document the designation in the patient's medical record at the time the designation is made.

(2) If the patient has not designated a surrogate pursuant to subdivision (1) of this subsection, or if the surrogate designated by the patient is not reasonably available or is unwilling to serve, then the patient's clinician shall make a reasonable attempt to notify all reasonably available interested individuals of the need for a surrogate to make a decision regarding whether to provide or withhold consent for a DNR/COLST order. A surrogate shall be an interested individual who is:

(A) willing to provide or withhold informed consent for a DNR/COLST order for the patient in accordance with the patient's wishes and values, if known; and

(B) willing and available to consult with the patient's clinician.

(3) Notwithstanding the provisions of subdivisions (1) and (2) of this subsection, an individual shall not serve as a surrogate over the patient's objection, even if the patient lacks capacity.

(d) The patient's clinician, health care provider, or residential care provider may rely on the decision of a surrogate identified pursuant to this section as long as the clinician or provider documents in the patient's medical record that the surrogate has confirmed that one of the following circumstances applies:

(1)(A) All interested individuals agree on the decision to provide or withhold consent for a DNR/COLST order, in which case they shall designate one surrogate, as well as an alternate, if available, who is authorized to provide or withhold consent and whose name will be identified on the DNR/COLST form and in the patient's medical record.

(B) All interested individuals agree that a specific interested individual may make the decision regarding whether to provide or withhold consent for a DNR/COLST order, in which case they shall designate the individual as the surrogate, as well as an alternate, if available, who is authorized to provide or withhold consent and whose name will be identified on the DNR/COLST form and in the patient's medical record.

(C) The surrogate or alternate, if applicable, is not reasonably available, in which case the clinician shall consult the interested individuals to request designation of another surrogate and alternate.

(2) If at any time the interested individuals are unable to agree on the designation of a surrogate, an interested person, as defined in 14 V.S.A. § 3061, may file a petition for guardianship in the Probate Division of the Superior Court.

(e) A surrogate providing informed consent for a DNR/COLST order shall use substituted judgment consistent with the patient's wishes and values and consistent with the parameters described in subsection 9711(d) of this title. The surrogate shall consult with the patient to the extent possible, and with the patient's clinician and any other appropriate health care providers and shall provide or withhold informed consent for a DNR/COLST order by attempting to determine what the patient would have wanted under the circumstances.

(f) The patient's clinician shall make reasonable efforts to inform the patient of any proposed treatment, or of any proposal to withhold or withdraw treatment, based on the decisions made by the surrogate.

(g) If the patient's clinician determines that the patient no longer lacks capacity and the DNR/COLST order was based on informed consent provided by a surrogate, the clinician shall seek the informed consent of the patient for any DNR/COLST order, which shall supersede the surrogate's consent.

(h) A surrogate shall have the same rights as a patient with capacity would have to the following, to the extent that it is related to providing or withholding informed consent for a DNR/COLST order:

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

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

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

(4) file a complaint on behalf of the patient regarding a health care provider, health care facility, or residential care facility.
18 V.S.A. § 9702 — VT Code / Title 18 / Chapter 231 / Section 9702
§ 9702. Advance directive
Status: in_force

(a) An adult may do any or all of the following in an advance directive:

(1) except as provided in subsection (c) of this section, appoint one or more agents and alternate agents to whom authority to make health care decisions is delegated and specify the scope of such authority;

(2) affirm that the agent and alternate agents have been notified of and have accepted the appointment and will be given copies of the advance directive;

(3) specify a circumstance or condition, which may be unrelated to the principal's capacity, which, when met, makes the authority of an agent effective or ineffective, and may specify the manner in which the condition shall be determined to have been met;

(4) provide that the advance directive will become effective upon execution;

(5) direct the type of health care desired or not desired by the principal, which may include instructions regarding transfer from home, hospitalization, and specific treatments that the principal desires or rejects when being treated for a mental or physical condition or disability;

(6) execute a provision under subsection 9707(h) of this title which permits the agent to authorize or withhold health care over the principal's objection in the event the principal lacks capacity;

(7) direct which life sustaining treatments, as defined in subdivision 9701(19) of this title, whether emergency, short-term, or long-term, and including nutrition and hydration administered by medical means, are desired or not desired by the principal;

(8) direct which life sustaining treatment the principal would desire or not desire if the principal is pregnant at the time an advance directive becomes effective;

(9) identify those persons whom the principal does not want to serve as his or her decision-maker, or those adults or minors with whom the agent shall or shall not consult or to whom the agent is or is not authorized to provide information regarding the principal's health care;

(10) identify those individuals or entities, whether or not otherwise qualified to bring an action under section 9718 of this title, who shall or shall not have authority to bring an action under that section;

(11) authorize release to named individuals in addition to the agent of health information pursuant to HIPAA;

(12) provide any other direction that the principal desires to give regarding the principal's future health care or personal circumstances;

(13) identify a preferred clinician and affirm that the clinician has been notified;

(14) nominate one or more individuals to serve as the principal's guardian if a guardian should at some later time need to be appointed, or identify those individuals the principal does not want to serve as guardian;

(15) make, limit, or refuse to make an anatomical gift pursuant to chapter 110 of this title;

(16) direct the manner of disposition of the principal's remains and the funeral goods and services to be provided;

(17) identify a pre-need contract entered into with a funeral director, crematory, or cemetery; and

(18) except as provided in subsection (d) of this section, appoint an individual to make or refuse to make an anatomical gift, and to arrange for the disposition of the principal's remains, including funeral goods and services.

(b) The absence of an advance directive or of any specific instruction in an advance directive shall have no effect on determining the principal's intent or wishes regarding health care or any other matter.

(c) The principal's health care provider may not be the principal's agent. Unless related to the principal by blood, marriage, civil union, or adoption, an agent may not be an owner, operator, employee, agent, or contractor of a residential care facility, a health care facility, or a correctional facility in which the principal resides at the time of execution of an advance directive.

(d) Unless related to the principal by blood, marriage, civil union, or adoption, an individual may not exercise the authority pursuant to an advance directive for disposition of remains, anatomical gifts, or funeral goods and services while serving the interests of the principal in one of the following capacities:

(1) a funeral director or employee of the funeral director;

(2) a crematory operator or employee of the crematory operator;

(3) a cemetery official or employee of the cemetery; or

(4) an employee or representative of a procurement organization.
18 V.S.A. § 1061 — VT Code / Title 18 / Chapter 21 / Section 1061
§ 1061. Construction with other laws
Status: in_force

Sections 1055-1060 of this title are in addition to any other statutes relating to communicable diseases generally or to tuberculosis specifically and shall not abrogate or repeal those other statutes unless in direct conflict therewith, in which case the provisions of such sections shall control.
18 V.S.A. § 122 — VT Code / Title 18 / Chapter 3 / Section 122
§ 122. Private right of action
Status: in_force

(a) Any person injured or damaged by a violation of this title, of a rule adopted pursuant to this title, or of a permit or order issued thereunder, or by a public health hazard may bring an action for equitable relief or damages arising from such violation or public health hazard.

(b) A judicial determination of a violation of this title, of a rule adopted pursuant to this title, or of a permit or order issued thereunder, or of a public health hazard shall be prima facie evidence of the existence of the violation or the hazard, which evidence may be rebutted by the defendant.

(c) The remedies provided by this section are in addition to any common law or statutory remedies otherwise available and do not amend or conflict with the provisions of 24 V.S.A. chapter 129, the powers and authority of the Agency of Agriculture, Food and Markets, the Department of Labor, the Agency of Natural Resources, or the Public Utility Commission, or the power of the Commissioner to issue a health or emergency health order.

(d) The limitations and defenses of 12 V.S.A. chapter 189 and the provisions of 29 V.S.A. chapter 55 shall apply to actions against the State or any of its political subdivisions under this section.

(e) Notwithstanding any provision of this section or the existence of any other remedy existing at law or in equity, no cause of action or grounds for enforcement shall lie against any municipal corporation as defined in 24 V.S.A. § 3301 or any company as defined in 30 V.S.A. § 201(a) for any defect, liability, condition, violation, or hazard that exists on the date such municipal corporation or company acquires by purchase, donation, or condemnation any public water source or public water system as defined in 10 V.S.A. § 1671(4) and (5), unless such acquiring municipal corporation or company expressly assumes the same. The provisions of this subsection shall not be construed to relieve such municipal corporation or company from any obligation or responsibility to correct or abate any violation of this title or of 10 V.S.A. chapter 56 on and after the date of such acquisition. This subsection shall be liberally construed to immunize municipal corporations and companies from liability for preexisting conditions in public water sources and systems subsequently acquired by such entities. This section shall not be read to immunize municipalities from suits or claims in existence on the date a municipality acquires any public water source or system arising from the taking of water or land.
18 V.S.A. § 9384 — VT Code / Title 18 / Chapter 220 / Section 9384
§ 9384. Reduction or reallocation of reimbursement rates; risks to health insurer solvency
Status: in_force

(a) As used in this section:

(1) “Hospital” has the same meaning as in section 9451 of this title.

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

(b) If the Green Mountain Care Board determines, after consultation with the Commissioner of Financial Regulation, that a domestic health insurer faces an acute and immediate threat to its solvency because its risk-based capital level has triggered a regulatory action level event pursuant to 8 V.S.A. § 8304, the Board may order a reduction of the insurer's reimbursement rates to one or more Vermont hospitals as set forth in subsection (c) of this section until such time as the amount of the insurer's risk-based capital exceeds the company action level risk-based capital threshold defined in 8 V.S.A. § 8301. Notwithstanding any provision of 3 V.S.A. chapter 25 to the contrary, the Board's activities under this section shall not be construed to be a contested case. Any person aggrieved by a final Board action, order, or determination under this section may appeal as set forth in section 9381 of this title.

(c)(1) The Board shall only order a reduction in the reimbursement rates to a hospital that meets one or both of the following criteria:

(A) the hospital has more than 135 days' cash on hand and had a positive operating margin in the previous fiscal year; or

(B) the hospital is a member of a hospital network that, at the consolidated network level, has more than 135 days' cash on hand or had a positive operating margin in the previous fiscal year, or both.

(2) The Board shall order a reduction in reimbursement rates to a hospital pursuant to this section only to the extent necessary to remediate the threat to the domestic health insurer's solvency. In determining whether and to what extent to reduce a hospital's reimbursement rates pursuant to this section, the Board shall consider the competing financial obligations of the hospital and of the domestic health insurer.

(3) The Board shall provide a hospital with the opportunity to request relief from a rate reduction ordered pursuant to this section.

(4) In no event shall a reduction ordered by the Board pursuant to this section result in a decrease to a hospital's or hospital network's projected days' cash on hand to below 125 days.
18 V.S.A. § 1426 — VT Code / Title 18 / Chapter 28 / Section 1426
§ 1426. Enforcement
Status: in_force

(a) An employee aggrieved by an employer's failure to comply with the provisions of this subchapter may file a complaint with the Department of Health.

(b) In addition to any other authority provided by law, the Commissioner of Health or a hearing officer designated by the Commissioner may, after notice and an opportunity for hearing, impose an administrative penalty of $100.00 against an employer who violates this chapter. The hearing before the Commissioner shall be a contested case subject to the provisions of 3 V.S.A. chapter 25 (Administrative Procedure Act).
18 V.S.A. § 8709 — VT Code / Title 18 / Chapter 204 / Section 8709
§ 8709. Petition and notice of hearing
Status: in_force

(a) Any adult with an intellectual disability, his or her parent; private guardian; near relative, as defined in section 8821 of this title; or physician, may file a petition in the Superior Court alleging that the person has an intellectual disability and is in need of sterilization.

(b) The petition shall set forth:

(1) the name, age, and residence of the person to be sterilized;

(2) the names and addresses of the petitioner and parents, guardians, spouse, and nearest relative of said person;

(3) the mental condition of said person;

(4) a statement of said person's ability to give informed consent to the sterilization;

(5) said person's ability to pay for legal counsel;

(6) the relation of said person to the petitioner;

(7) the reasons and supporting facts why sterilization is in the best interests of said person.

(c) Upon filing of the petition, the court shall fix a time and place for the hearing not more than 45 days from the receipt of the petition. Not less than 20 days prior to the date set for the hearing, the court shall cause the petitioner to serve the respondent with the petition and notice of hearing. The court shall also mail a copy of the petition and notice of the hearing to the respondent's counsel, his or her legal guardian, and nearest relative.
18 V.S.A. § 1104 — VT Code / Title 18 / Chapter 21 / Section 1104
§ 1104. Serological test; definition
Status: in_force

A standard serological test shall be a test for syphilis approved by the Commissioner and shall be performed on request by the State laboratory or at a laboratory approved for this purpose by the Commissioner.
18 V.S.A. § 4215a — VT Code / Title 18 / Chapter 84 / Section 4215a
§ 4215a. Sale of Schedule V drugs
Status: in_force

(a) A duly licensed pharmacist may sell and dispense Schedule V drugs only upon written prescription or oral prescription that is promptly reduced to writing by a pharmacist, of a licensed physician, dentist, or veterinarian, dated and signed by the person prescribing or, if an oral prescription, by the pharmacist on the date when written.

(b) Schedule V drugs shall include any compound, mixture, or preparation containing any of the following limited quantities of narcotic drugs, which shall include one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:

(1) Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams;

(2) Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;

(3) Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams;

(4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit.

(c) The Schedule V drugs as listed in subsection (b) shall be deemed regulated drugs as defined in section 4201(29) of this title.

(d) For a first offense, a person knowingly and unlawfully violating the provisions of this section may be imprisoned for not more than six months or fined not more than $500.00, or both. For a second or subsequent offense, a person knowingly and unlawfully violating the provisions of this section may be imprisoned for not more than two years or fined not more than $2,000.00, or both.
18 V.S.A. § 8733 — VT Code / Title 18 / Chapter 204A / Section 8733
§ 8733. Advisory Board
Status: in_force

(a) The Advisory Board is created to advise the Department on the status and needs of people with developmental disabilities and their families. The Board shall also advise the Commissioner regarding the development of the system of care plan described in section 8725 of this title and recommend legislation, rules, policies, and standards to implement the system of care plan.

(b) The Board shall consist of 15 members appointed by the Governor: five persons shall be recipients, five members shall be advocates that represent people with developmental disabilities, and five members shall be professionals with expertise in the area of developmental disabilities.

(c) Members of the Board shall be appointed for staggered terms of three years, beginning April 1, and shall serve until a successor is appointed.

(d) The Board shall elect a Chair from among its members. The Board shall meet at least annually at the time and place determined by the Chair, and at such other times and places as the Chair may determine to be necessary.

(e) Members shall be entitled to reimbursement for necessary and actual expenses incurred in performance of their duties under this chapter.