18 V.S.A. § 3613 — VT Code / Title 18 / Chapter 77 / Section 3613
§ 3613. Enforcement
Status: in_force

(a) The Commissioner of Financial Regulation shall enforce compliance with the provisions of this chapter.

(b)(1) The Commissioner may examine or audit the books and records of a pharmacy benefit manager providing claims processing services or other prescription drug or device services for a health benefit plan to determine compliance with this chapter.

(2) Information or data acquired in the course of an examination or audit under subdivision (1) of this subsection shall be considered proprietary and confidential, shall be exempt from public inspection and copying under the Public Records Act, shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action.

(3)(A) In order to protect and promote patients' and consumers' interests in accordance with the Office's duties under chapter 229 of this title, the Office of the Health Care Advocate shall have the right to receive and review in full, including any exhibits, attachments, appendices, or other supplementary materials, all of the following:

(i) the preliminary report of any examination conducted by or on behalf of the Commissioner under this section;

(ii) the pharmacy benefit manager's submissions or rebuttals to the report, if any;

(iii) the final examination report adopted by the Commissioner; and

(iv) the Commissioner's order adopting the final examination report.

(B) The Office of the Health Care Advocate shall not further disclose any confidential or proprietary information provided to the Office pursuant to this subdivision (3). Information provided to the Office pursuant to this subdivision (3) shall not be subject to subpoena and shall not be subject to discovery or admissible in evidence in any private civil action.

(c) The Commissioner may use any document or information provided pursuant to subsection 3612(c) or (d) of this chapter in the performance of the Commissioner's duties to determine compliance with this chapter.

(d) The Commissioner may impose an administrative penalty on a pharmacy benefit manager or the health insurer with which it is contracted, or both, for a violation of this chapter in accordance with 8 V.S.A. § 3661.
18 V.S.A. § 1742 — VT Code / Title 18 / Chapter 37 / Section 1742
§ 1742. Restrictions on smoking in public places
Status: in_force

(a) The possession of lighted tobacco products or use of tobacco substitutes in any form is prohibited in:

(1) the common areas of all enclosed indoor places of public access and publicly owned buildings and offices;

(2) all enclosed indoor places in lodging establishments used for transient traveling or public vacationing, such as resorts, hotels, and motels, including sleeping quarters and adjoining rooms rented to guests;

(3) designated smoke-free areas of property or grounds owned by or leased to the State or a municipality; and

(4) any other area within 25 feet of State-owned buildings and offices, except that to the extent that any portion of the 25-foot zone is not on State property, smoking is prohibited only in that portion of the zone that is on State property unless the owner of the adjoining property chooses to designate his or her property smoke-free.

(b) The possession of lighted tobacco products or use of tobacco substitutes in any form is prohibited on the grounds of any hospital or secure residential recovery facility owned or operated by the State, including all enclosed places in the hospital or facility and the surrounding outdoor property.

(c) Nothing in this section shall be construed to restrict the ability of residents of the Vermont Veterans' Home to possess lighted tobacco products or use tobacco substitutes in the indoor area of the facility in which smoking is permitted.

(d) Nothing in this chapter shall be construed to prohibit the use of tobacco substitutes in a business that does not sell food or beverages but is established for the sole purpose of providing a setting for patrons to purchase and use tobacco substitutes and related paraphernalia.
18 V.S.A. § 4213 — VT Code / Title 18 / Chapter 84 / Section 4213
§ 4213. Authorized sales of regulated drugs
Status: in_force

(a) A duly licensed manufacturer or wholesaler may sell and dispense regulated drugs to any of the following persons, but only on official written orders:

(1) To a manufacturer, wholesaler, or pharmacy.

(2) To a physician, dentist, or veterinarian, except that an official written order shall not be required when regulated drugs are provided in person by a representative of a duly licensed manufacturer or wholesaler in quantities as samples for which there is no charge, either direct or indirect, and do not exceed ten times the manufacturer's recommended maximum individual dose and are clearly marked “Sample” or “Not For Sale” on each individual tablet or capsule.

(3) To a person in charge of a hospital having in effect a certificate of approval but only for use by or in that hospital for scientific or medical purposes.

(4) To a person in charge of a laboratory having in effect a certificate of approval but only for use in that laboratory for scientific or medical purposes.

(b) A duly licensed manufacturer or wholesaler may sell regulated drugs to any of the following persons:

(1) On an official written order, accompanied by a certificate of exemption, as and if required by the federal drug laws, and in compliance with rules adopted by the Department of Health to a person in the employ of the government of the United States or of any state, territory, district, county, municipality, or insular government, purchasing, receiving, possessing, or dispensing regulated drugs by reason of the person's official duties.

(2) To a master of a ship or a person in charge of any aircraft upon which no physician is regularly employed or to a physician or surgeon duly licensed in some state, territory, or the District of Columbia to practice his or her profession, or to a retired commissioned medical officer of the U.S. Army, Navy, or Public Health Service employed upon such ship or aircraft, for the actual medical needs of persons on board such ship or aircraft, when not in port. However, such regulated drugs shall be sold to the master of such ship or person in charge of such aircraft or to a physician, surgeon, or retired commissioned medical officer of the U.S. Army, Navy, or Public Health Service employed upon such ship or aircraft only in pursuance of an order form approved by a commissioned medical officer or acting assistant surgeon of the U.S. Public Health Service.

(3) To a person in a foreign country if the provisions of the federal drug laws and the rules adopted by the Department of Health are complied with.

(c) An official written order for any regulated drug shall be signed in triplicate by the person giving such order or by his or her duly authorized agent. The original shall be presented to the person who sells or dispenses the drug named therein. In event of the acceptance of such order, by such person, each party to the transaction shall preserve his or her copy of such order for a period of three years in such a way as to be readily accessible for inspection by any federal or state officer or their specifically authorized agent whose duty it is to enforce the federal drug laws or this chapter. Notwithstanding the other provisions of this chapter, a duly licensed manufacturer or wholesaler may sell and dispense depressant or stimulant drugs to a person referred to in subdivisions (a)(1), (2), (3), and (4) of this section pursuant to telephone order, provided, however, that an official written order shall be presented to the person selling or dispensing that drug within seven days of the making of that telephone order, and all the provisions of this chapter after the expiration of that period of time apply.

(d) Possession of or control of regulated drugs even though obtained as authorized by this section shall not be lawful if not in the regular course of business, occupation, profession, employment, or duty of the possessor.

(e) A person in charge of a hospital or of a laboratory, or in the employ of this State or of any other state, or of any political subdivision thereof, or a master of a ship or a person in charge of any aircraft upon which no physician is regularly employed, or a physician or surgeon duly licensed in some state, territory, or the District of Columbia, to practice his or her profession, or a retired commissioned medical officer of the U.S. Army, Navy, or Public Health Service employed upon such ship or aircraft, who obtains regulated drugs under the provisions of this section or otherwise, shall not possess, nor administer, nor dispense, nor otherwise use such drugs, within this State, except within the scope of his or her employment or official duty, and then only for scientific or medicinal purposes and subject to the provisions of this chapter.
18 V.S.A. § 501a — VT Code / Title 18 / Chapter 9 / Section 501a
§ 501a. Specimens submitted by chiropractic physicians
Status: in_force

(a) According to the public health laws of this State, the State Health Laboratory is required to serve the interests of all of the people of the State, and as chiropractic physicians are subject to the laws relating to contagious and infectious diseases, the purpose of this section is to authorize the facilities of the State Health Laboratory to chiropractic physicians and their patients.

(b) All duly licensed chiropractic physicians in this State shall be legally entitled to submit specimens for examination and to receive reports on such specimens submitted to the Laboratory.

(c) This section shall not be construed to enlarge or restrict the existing legal practice of chiropractors.
18 V.S.A. § 8908 — VT Code / Title 18 / Chapter 207 / Section 8908
§ 8908. Local community services plan
Status: in_force

Each designated community mental health and developmental disability agency shall determine the need for community mental health and developmental disability services within the area served by the agency and shall thereafter prepare a local community services plan that describes the methods by which the agency will provide those services. The plan shall include a schedule for the anticipated provision of new or additional services and shall specify the resources that are needed by and available to the agency to implement the plan. The community services plan shall be reviewed annually.
18 V.S.A. § 5233 — VT Code / Title 18 / Chapter 107 / Section 5233
§ 5233. Limited liability
Status: in_force

A funeral director or disposition facility operator shall not be subject to civil liability or subject to disciplinary action for carrying out the disposition of the remains if he or she relied in good faith on a funeral service contract or authorization or for following the instructions of an individual who the funeral director or disposition facility operator reasonably believes or believed holds the right of disposition.
18 V.S.A. § 9404 — VT Code / Title 18 / Chapter 221 / Section 9404
§ 9404. Administration
Status: repealed

(a) The Commissioner and the Green Mountain Care Board shall supervise and direct the execution of all laws vested in the Department and the Board, respectively, by this chapter, and shall formulate and carry out all policies relating to this chapter.

(b) The Commissioner and the Board may:

(1) apply for and accept gifts, grants, or contributions from any person for purposes consistent with this chapter;

(2) adopt rules necessary to implement the provisions of this chapter; and

(3) enter into contracts and perform such acts as are necessary to accomplish the purposes of this chapter.

(c) [Repealed.]

(d) There is hereby created a special fund to be known as the Green Mountain Care Board Regulatory and Administrative Fund pursuant to 32 V.S.A. chapter 7, subchapter 5, for the purpose of providing the financial means for the Green Mountain Care Board to administer its obligations, responsibilities, and duties as required by law, including pursuant to 8 V.S.A. § 4026, chapters 220 and 221 of this title, and 33 V.S.A. chapter 18. All fees, fines, penalties, and similar assessments received by the Board in the administration of its obligations, responsibilities, and duties shall be credited to the Fund. The Fund may also be used by the Department of Health to administer its obligations, responsibilities, and duties as required by chapter 221 of this title.
18 V.S.A. § 5377 — VT Code / Title 18 / Chapter 121 / Section 5377
§ 5377. Proceeds of sale; expenditure
Status: in_force

The proceeds of such sale of lots shall be paid into the town treasury and kept separate from other funds of the town and subject to the order of the board. Such proceeds, with the income thereof, shall be devoted to maintaining, improving, and embellishing such burial grounds. If the town so votes, the board may sell lots upon condition that the proceeds from a sale shall be paid into the town treasury in trust and the income thereof be expended in caring for such lots and the structures thereon. The board shall fix the prices for such lots and make regulations in respect to the sale and care thereof.
18 V.S.A. § 1805 — VT Code / Title 18 / Chapter 41 / Section 1805
§ 1805. Survey and planning activities
Status: in_force

The Commissioner is authorized and directed to make an inventory of existing hospitals and medical facilities, including public, nonprofit, and proprietary hospitals and medical facilities; to survey the need for construction of hospitals and medical facilities; and, on the basis of such inventory and survey, to develop a program for the construction of such public and other nonprofit hospitals and medical facilities as will, in conjunction with existing facilities, afford the necessary physical facilities for furnishing adequate hospital and medical facility services to all the people of the State.
18 V.S.A. § 1552 — VT Code / Title 18 / Chapter 30 / Section 1552
§ 1552. Maternal Mortality Review Panel established
Status: in_force

(a) There is established the Maternal Mortality Review Panel to conduct comprehensive, multidisciplinary reviews of maternal deaths in Vermont for the purposes of identifying factors associated with the deaths and making recommendations for system changes to improve health care services for women in this State. The Panel shall consider health disparities and social determinants of health, including race and ethnicity in maternal death reviews.

(b)(1) The members of the Panel shall be appointed by the Commissioner of Health as follows:

(A) Two members from the Vermont section of the American College of Obstetricians and Gynecologists, one of whom shall be a generalist obstetrician and one of whom shall be a maternal fetal medicine specialist.

(B) One member from the Vermont chapter of the American Academy of Pediatrics, specializing in neonatology.

(C) One member from the Vermont chapter of the American College of Nurse-Midwives.

(D) One member who is a midwife licensed pursuant to 26 V.S.A. chapter 85.

(E) One member from the Vermont section of the Association of Women's Health, Obstetric and Neonatal Nurses.

(F) The Director of the Division of Maternal and Child Health in the Vermont Department of Health or designee.

(G) An epidemiologist from the Department of Health with experience analyzing perinatal data or designee.

(H) The Chief Medical Examiner or designee.

(I) A representative of the community mental health centers.

(J) A member of the public.

(2) The Commissioner may appoint any of the following members to one-year terms:

(A) a licensed clinical provider specializing in substance use disorder;

(B) an expert in the pharmaceutical management of mental health; and

(C) a social worker.

(3) The Panel may consult experts as needed on a case by case basis. An expert consulted pursuant to this subdivision shall be subject to the same restrictions and protections as Panel members with regard to privacy, security, and the disclosure of information.

(c) The term of each member listed in subdivision (b)(1) of this section shall be three years and the terms shall be staggered. The Commissioner shall appoint the initial Chair of the Panel, who shall call the first meeting of the Panel and serve as Chair for six months, after which time the Panel shall elect its Chair.

(d) The Commissioner may delegate to the Northern New England Perinatal Quality Improvement Network (NNEPQIN) the functions of collecting, analyzing, and disseminating maternal mortality information; organizing and convening meetings of the Panel; and such other substantive and administrative tasks as may be incident to these activities. The activities of the NNEPQIN and its employees or agents shall be subject to the same confidentiality provisions as apply to members of the Panel.

(e) The Department may enter into reciprocal agreements with other states that have maternal mortality review panels provided access under such agreements is consistent with privacy, security, and disclosure protections in this chapter.

(f) The Panel's review process shall not commence until any criminal prosecution arising out of the maternal mortality is concluded by the Attorney General and a State's Attorney provides written notice to the Panel that no criminal charges shall be filed.

(g) Annually, on or before January 15, the Panel shall submit a report with its findings and recommendations to the House Committee on Human Services and to the Senate Committee on Health and Welfare, provided that releasing the information complies with the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. 104-191.

(h) Members of the Panel shall be entitled to per diem compensation and reimbursement of expenses as permitted under 32 V.S.A. § 1010 for not more than three meetings annually. These payments shall be made from monies appropriated to the Department of Health.
18 V.S.A. § 4752 — VT Code / Title 18 / Chapter 93 / Section 4752
§ 4752. Opioid use disorder treatment system
Status: in_force

(a) The Departments of Health and of Vermont Health Access shall establish by rule in accordance with 3 V.S.A. chapter 25 a regional system of opioid use disorder treatment.

(b) The rules may address requirements for pharmacological treatment, including initial assessments, ongoing follow-up, provider education, and diversion prevention.

(c) Controlled substances for treating opioid use disorder shall be dispensed only by:

(1) a treatment program authorized by the Department of Health; or

(2) a health care provider who is not affiliated with an authorized treatment program but who meets federal requirements for use of controlled substances in the pharmacological treatment of opioid use disorder.

(d) Controlled substances for use in treatment of opioid use disorder may be prescribed via telehealth in accordance with federal requirements.

(e) The Department of Vermont Health Access or the Department's pharmacy benefits manager shall not require a health care provider to document a patient's adverse reaction to a medication prior to prescribing an alternative medication for opioid use disorder to the patient.
18 V.S.A. § 5534 — VT Code / Title 18 / Chapter 121 / Section 5534
§ 5534. Petition; hearing
Status: in_force

The cemetery commissioners or other proper officers may file a petition on behalf of the agency with the Probate Division of the Superior Court of the district where said agency is located for an inquisition in the premises. The Probate Division of the Superior Court shall then appoint a time and place of hearing and deciding on such petition, and cause a notice thereof to be published in some newspaper circulating in the vicinity where the cemetery is located.
18 V.S.A. § 4358 — VT Code / Title 18 / Chapter 85 / Section 4358
§ 4358. Exemptions
Status: in_force

(a) The provisions of this subchapter shall apply only to those hotels, inns, restaurants, tourist camps, and other places that solicit the patronage of the public by advertising by means of signs, notices, placards, radio, electronic communications, or printed announcements.

(b) The obligation to obtain a license and the associated licensure fees in this subchapter shall not apply to a cottage food operation or other food manufacturing establishment that is exempt due to its average gross retail sales being below the listed thresholds in section 4353 of this title.

(c) Annually, a food manufacturing establishment claiming a licensing exemption pursuant to this title shall submit to the Department a licensing exemption filing as required by rule. The licensing exemption filing shall require the food manufacturing establishment to attest to the completion of any training required by rule pursuant to section 4303 of this title.

(d) The Commissioner shall not adopt a rule requiring food establishments that operate less than six months of the year and provide outdoor seating for fewer than 16 people at one time to provide toilet and hand washing facilities for patrons.
18 V.S.A. § 7612a — VT Code / Title 18 / Chapter 181 / Section 7612a
§ 7612a. Probable cause review
Status: in_force

(a) Within three days after an application for involuntary treatment is filed, the Family Division of the Superior Court shall conduct a review to determine whether there is probable cause to believe that the person was a person in need of treatment at the time of his or her admission. The review shall be based solely on the application for an emergency examination and accompanying certificate by a licensed physician and the application for involuntary treatment.

(b) If, based on a review conducted pursuant to subsection (a) of this section, the court finds probable cause to believe that the person was a person in need of treatment at the time of his or her admission, the person shall be ordered held in the temporary custody of the Commissioner for further proceedings in accordance with Part 8 of this title. If probable cause is not established, the person shall be ordered discharged or released from the hospital and returned to the place from which he or she was transported or to such place as the person may reasonably direct.

(c) An application for involuntary treatment shall not be dismissed solely because the probable cause review is not completed within the time period required by this section if there is good cause for the delay.
18 V.S.A. § 9456 — VT Code / Title 18 / Chapter 221 / Section 9456
§ 9456. Budget review
Status: repealed

(a) The Board shall conduct reviews of each hospital's proposed budget based on the information provided pursuant to this subchapter and in accordance with a schedule established by the Board. Notwithstanding any provision of 3 V.S.A. chapter 25 to the contrary, the Board's review, establishment, and enforcement of hospital budgets 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.

(b) In conjunction with budget reviews, the Board shall:

(1) review utilization information;

(2) consider the Statewide Health Care Delivery Strategic Plan developed pursuant to section 9403 of this title, once established, including the total cost of care targets, and consult with the Agency of Human Services to ensure compliance with federal requirements regarding Medicare and Medicaid;

(3) consider the Health Resource Allocation Plan identifying Vermont's critical health needs, goods, services, and resources developed pursuant to section 9405 of this title;

(4) consider the expenditure analysis for the previous year and the proposed expenditure analysis for the year under review;

(5) consider any reports from professional review organizations;

(6) for a hospital that operates within a hospital network, review the hospital network's financial operations as they relate to the budget of the individual hospital;

(7) solicit public comment on all aspects of hospital costs and use and on the budgets proposed by individual hospitals;

(8) meet with hospitals to review and discuss hospital budgets for the forthcoming fiscal year;

(9) give public notice of the meetings with hospitals and invite the public to attend and to comment on the proposed budgets;

(10) consider the extent to which costs incurred by the hospital in connection with services provided to Medicaid beneficiaries are being charged to non-Medicaid health benefit plans and other non-Medicaid payers;

(11) require each hospital to file an analysis that reflects a reduction in net revenue needs from non-Medicaid payers equal to any anticipated increase in Medicaid, Medicare, or another public health care program reimbursements, and to any reduction in bad debt or charity care due to an increase in the number of insured individuals;

(12) require each hospital to provide information on administrative costs, as defined by the Board, including specific information on the amounts spent on marketing and advertising costs;

(13) require each hospital to create or maintain connectivity to the State's Health Information Exchange Network in accordance with the criteria established by the Vermont Information Technology Leaders, Inc., pursuant to subsection 9352(i) of this title, provided that the Board shall not require a hospital to create a level of connectivity that the State's Exchange is unable to support;

(14) review the hospital's investments in workforce development initiatives, including nursing workforce pipeline collaborations with nursing schools and compensation and other support for nurse preceptors;

(15) consider the salaries for the hospital's executive and clinical leadership, including variable payments and incentive plans, and the hospital's salary spread, including a comparison of median salaries to the medians of northern New England states and a comparison of the base salaries and total compensation for the hospital's executive and clinical leadership with those of the hospital's lowest-paid employees who deliver health care services directly to hospital patients; and

(16) consider the number of employees of the hospital whose duties are primarily administrative in nature, as defined by the Board, compared with the number of employees whose duties primarily involve delivering health care services directly to hospital patients.

(c) Individual hospital budgets established under this section shall:

(1) be consistent, to the extent practicable, with the Statewide Health Care Delivery Strategic Plan, once established, including the total cost of care targets, and with the Health Resource Allocation Plan;

(2) reflect the reference-based prices established by the Board pursuant to section 9376 of this title;

(3) take into consideration national, regional, or in-state peer group norms, according to indicators, ratios, and statistics established by the Board;

(4) promote efficient and economic operation of the hospital and, if a hospital is affiliated with a hospital network, ensure that hospital spending on the hospital network's operations is consistent with the principles for health care reform expressed in section 9371 of this title and with the Statewide Health Care Delivery Strategic Plan, once established;

(5) reflect budget performances for prior years and, if not already addressed pursuant to subsection (h) of this section, account for any significant deviation in revenue during the most recently completed fiscal year in excess of the budget established for the hospital pursuant to this section;

(6) include a finding that the analysis provided in subdivision (b)(11) of this section is a reasonable methodology for reflecting a reduction in net revenues for non-Medicaid payers;

(7) demonstrate that they support equal access to appropriate mental health care that meets standards of quality, access, and affordability equivalent to other components of health care as part of an integrated, holistic system of care;

(8) include meaningful variable payments and incentive plans for hospitals that are consistent with this section and with the principles for health care reform expressed in section 9371 of this title; and

(9) take into consideration the costs associated with implementing a security plan pursuant to section 1911b of this title.

(d)(1)(A) Annually, the Board shall establish a budget for each general hospital, as defined in section 1902 of this title, on or before September 15, followed by a written decision on or before October 1.

(B) Annually, the Board shall establish a budget for each psychiatric hospital, as defined in section 1902 of this title but excluding those conducted, maintained, or operated by the State of Vermont, on or before December 15, followed by a written decision on or before December 31.

(C) Each hospital shall operate within the budget established under this section.

(D)(i) Beginning not later than hospital fiscal year 2028, to the extent that resources are available, the Board shall establish global hospital budgets for one or more Vermont hospitals that are not critical access hospitals. Not later than hospital fiscal year 2030, to the extent that resources are available, the Board shall establish global hospital budgets for all Vermont hospitals.

(ii) Global hospital budgets established pursuant to this section shall include Medicare to the extent permitted under federal law but shall not include Medicaid.

(2)(A) It is the General Assembly's intent that hospital cost containment conduct is afforded state action immunity under applicable federal and State antitrust laws, if:

(i) the Board requires or authorizes the conduct in any hospital budget established by the Board under this section;

(ii) the conduct is in accordance with standards and procedures prescribed by the Board; and

(iii) the conduct is actively supervised by the Board.

(B) A hospital's violation of the Board's standards and procedures shall be subject to enforcement pursuant to subsection (h) of this section.

(3)(A) The Office of the Health Care Advocate shall have the right to receive copies of all materials related to the hospital budget review and may:

(i) ask questions of employees of the Green Mountain Care Board related to the Board's hospital budget review;

(ii) submit written questions to the Board that the Board will ask of hospitals in advance of any hearing held in conjunction with the Board's hospital review:

(iii) submit written comments for the Board's consideration; and

(iv) ask questions and provide testimony in any hearing held in conjunction with the Board's hospital budget review.

(B) The Office of the Health Care Advocate shall not further disclose any confidential or proprietary information provided to the Office pursuant to this subdivision (3).

(e)(1) The Board, in consultation with the Vermont Program for Quality in Health Care, shall utilize mechanisms to measure hospital costs, quality, and access and alignment with the Statewide Health Care Delivery Strategic Plan, once established.

(2)(A) Except as provided in subdivision (D) of this subdivision (e)(2), a hospital that proposes to reduce or eliminate any service in order to comply with a budget established under this section shall provide a notice of intent to the Board, the Agency of Human Services, the Office of the Health Care Advocate, and the members of the General Assembly who represent the hospital service area not less than 45 days prior to the proposed reduction or elimination.

(B) The notice shall explain the rationale for the proposed reduction or elimination and describe how it is consistent with the Statewide Health Care Delivery Strategic Plan, once established, and the hospital's most recent community health needs assessment conducted pursuant to section 9405a of this title and 26 U.S.C. § 501(r)(3).

(C) The Board may evaluate the proposed reduction or elimination for consistency with the Statewide Health Care Delivery Strategic Plan, once established and the community health needs assessment, and may modify the hospital's budget or take such additional actions as the Board deems appropriate to preserve access to necessary services.

(D) A service that has been identified for reduction or elimination in connection with the transformation efforts undertaken by the Board and the Agency of Human Services pursuant to 2022 Acts and Resolves No. 167 does not need to comply with subdivisions (A)–(C) of this subdivision (e)(2).

(3) The Board, in collaboration with the Department of Financial Regulation, shall monitor the implementation of any authorized decrease in hospital services to determine its benefits to Vermonters or to Vermont's health care system, or both.

(4) The Board may establish a process to define, on an annual basis, criteria for hospitals to meet, such as utilization and inflation benchmarks.

(5) The Board may waive one or more of the review processes listed in subsection (b) of this section.

(f)(1) The Board may, upon application, adjust a budget established under this section upon a showing of need based upon exceptional or unforeseen circumstances in accordance with the criteria and processes established under section 9405 of this title.

(2) The Board may, on its own initiative, adjust the commercial health insurance reimbursement rates payable to a hospital at any time during the hospital's fiscal year in order to ensure that the hospital operates within the budget established under this section.

(g)(1) The Board may request, and a hospital shall provide, information determined by the Board to be necessary to determine whether the hospital is operating within a budget established under this section. For purposes of this subsection, subsection (h) of this section, and subdivision 9454(a)(8) of this title, the Board's authority shall extend to an affiliated corporation or other person in the control of or controlled by the hospital to the extent that such authority is necessary to carry out the purposes of this subsection, subsection (h) of this section, or subdivision 9454(a)(8) of this title. As used in this subsection, a rebuttable presumption of “control” is created if the entity, hospital, or other person, directly or indirectly, owns, controls, holds with the power to vote, or holds proxies representing 20 percent or more of the voting securities or membership interest or other governing interest of the hospital or other controlled entity.

[Subdivision (g)(2) is repealed effective January 1, 2030.]

(2)(A) The Board may, upon finding that a hospital has made a material misrepresentation in information or documents provided to the Board or that a hospital is materially noncompliant with the budget established by the Board pursuant to this section, appoint an independent observer with respect to any matter related to the Board's review or enforcement under this section if the Board believes that doing so is in the public interest. The independent observer shall be a person with experience and expertise relevant to the specific circumstances. At the direction of the Board, the independent observer may monitor the hospital's operations, obtain information from the hospital, and report findings and recommendations to the Board.

(B) An independent observer appointed pursuant to this subdivision (2) shall have the right to receive copies of all materials related to the Board's review under this section and the hospital shall provide any information requested by the independent observer, including any information regarding the hospital's participation in a hospital network. The independent observer shall share information provided by the hospital with the Board and with the Office of the Health Care Advocate in accordance with subdivision (d)(3) of this section but shall not otherwise disclose any confidential or proprietary information that the independent observer obtained from the hospital.

(C) The Board may order a hospital to pay for all or a portion of the costs of an independent observer appointed for the hospital pursuant to this subdivision (2).

(h)(1) If a hospital violates a provision of this section, the Board may maintain an action in the Superior Court of the county in which the hospital is located to enjoin, restrain, or prevent such violation.

(2)(A) After notice and an opportunity for hearing, the Board may impose on a person who knowingly violates a provision of this subchapter, or a rule adopted pursuant to this subchapter, a civil administrative penalty of not more than $40,000.00, or in the case of a continuing violation, a civil administrative penalty of not more than $100,000.00 or one-tenth of one percent of the gross annual revenues of the hospital, whichever is greater. This subdivision shall not apply to violations of subsection (d) of this section caused by exceptional or unforeseen circumstances.

(B)(i) The Board may order a hospital to:

(I)(aa) cease material violations of this subchapter or of a regulation or order issued pursuant to this subchapter; or

(bb) cease operating contrary to the budget established for the hospital under this section, provided such a deviation from the budget is material; and

(II) take such corrective measures as are necessary to remediate the violation or deviation and to carry out the purposes of this subchapter.

(ii) Orders issued under this subdivision (2)(B) shall be issued after notice and an opportunity to be heard, except where the Board finds that a hospital's financial or other emergency circumstances pose an immediate threat of harm to the public or to the financial condition of the hospital. Where there is an immediate threat, the Board may issue orders under this subdivision (2)(B) without written or oral notice to the hospital. Where an order is issued without notice, the hospital shall be notified of the right to a hearing at the time the order is issued. The hearing shall be held within 30 days after receipt of the hospital's request for a hearing, and a decision shall be issued within 30 days after conclusion of the hearing. The Board may increase the time to hold the hearing or to render the decision for good cause shown.

(3)(A) The Board shall require the officers and directors of a hospital to file under oath, on a form and in a manner prescribed by the Board, any information designated by the Board and required pursuant to this subchapter. The authority granted to the Board under this subsection is in addition to any other authority granted to the Board under law.

(B) A person who knowingly makes a false statement under oath or who knowingly submits false information under oath to the Board or to a hearing officer appointed by the Board or who knowingly testifies falsely in any proceeding before the Board or a hearing officer appointed by the Board shall be guilty of perjury and punished as provided in 13 V.S.A. § 2901.
18 V.S.A. § 4233a — VT Code / Title 18 / Chapter 84 / Section 4233a
§ 4233a. Fentanyl
Status: in_force

(a) Selling or dispensing.

(1) A person knowingly and unlawfully dispensing fentanyl shall be imprisoned not more than three years or fined not more than $75,000.00, or both. A person knowingly and unlawfully selling fentanyl 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 fentanyl in an amount consisting of four milligrams or more of one or more preparations, compounds, mixtures, or substances containing fentanyl 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 fentanyl in an amount consisting of 20 milligrams or more of one or more preparations, compounds, mixtures, or substances containing fentanyl shall be imprisoned not more than 20 years or fined not more than $1,000,000.00, or both.

(4) In lieu of a charge under this subsection, but in addition to any other penalties provided by law, a person knowingly and unlawfully selling or dispensing any regulated drug containing a detectable amount of fentanyl shall be imprisoned not more than five years or fined not more than $250,000.00, or both.

(b) Trafficking. A person knowingly and unlawfully possessing fentanyl in an amount consisting of 70 milligrams or more of one or more preparations, compounds, mixtures, or substances containing fentanyl with the intent to sell or dispense the fentanyl 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 fentanyl in an amount of 70 milligrams or more of one or more preparations, compounds, mixtures, or substances containing fentanyl intends to sell or dispense the fentanyl. The amount of possessed fentanyl under this subsection to sustain a charge of conspiracy under 13 V.S.A. § 1404 shall be not less than 70 milligrams in the aggregate.

(c) Transportation into the State. In addition to any other penalties provided by law, a person knowingly and unlawfully transporting more than 20 milligrams of fentanyl into Vermont with the intent to sell or dispense the fentanyl shall be imprisoned not more than 10 years or fined not more than $100,000.00, or both.

(d) As used in this section, “knowingly” means:

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

(2) the defendant:

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

(B) took deliberate actions to avoid learning that one or more preparations, compounds, mixtures, or substances contained the regulated drug identified in the applicable section of this chapter.
18 V.S.A. § 706 — VT Code / Title 18 / Chapter 13 / Section 706
§ 706. Health insurer participation
Status: in_force

(a) As set forth in 8 V.S.A. § 4025, health insurance plans shall be consistent with the Blueprint for Health as determined by the Commissioner of Financial Regulation.

(b) Health insurers shall participate in the Blueprint for Health as a condition of doing business in this State as provided for in this section and in 8 V.S.A. § 4025.

(c)(1) The Blueprint payment reform methodologies shall include per-person per-month payments to medical home practices by each health insurer and Medicaid for their attributed patients and for contributions to the shared costs of operating the community health teams. Per-person per-month payments to practices shall be based on the official National Committee for Quality Assurance's Physician Practice Connections-Patient Centered Medical Home (NCQA PPC-PCMH) score to the extent practicable and shall be in addition to their normal fee-for-service or other payments.

(2) Consistent with recommendations of the Blueprint Executive Committee, the Director of the Blueprint may recommend to the Commissioner of Vermont Health Access changes to the payment amounts or to the payment reform methodologies described in subdivision (1) of this subsection, including by providing for enhanced payment to health care professional practices that operate as a medical home, including primary care naturopathic physicians' practices; payment toward the shared costs for community health teams; or other payment methodologies required by the Centers for Medicare and Medicaid Services (CMS) for participation by Medicaid or Medicare.

(3) Health insurers shall modify payment methodologies and amounts to health care professionals and providers as required for the establishment of the model described in sections 703 through 705 of this title and this section, including any requirements specified by the Centers for Medicare and Medicaid Services (CMS) in approving federal participation in the model to ensure consistency of payment methods in the model.

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

(d) An insurer may appeal a decision to require a particular payment methodology or payment amount to the Commissioner of Vermont Health Access, who shall provide a hearing in accordance with 3 V.S.A. chapter 25. An insurer aggrieved by the decision of the Commissioner may appeal to the Superior Court for the Washington District within 30 days after the Commissioner issues his or her decision.
18 V.S.A. § 4633 — VT Code / Title 18 / Chapter 91 / Section 4633
§ 4633. Pharmaceutical marketer price disclosure
Status: in_force

(a) When a pharmaceutical marketer engages in any form of prescription drug marketing directly to a physician or other person authorized to prescribe prescription drugs, the marketer shall disclose to the physician or other prescriber the average wholesale price (AWP) of the drugs being marketed. Disclosure shall include the AWP per pill and the price relationship between the drug being marketed and other drugs within the same therapeutic class.

(b) The disclosures required under this section shall be on a form and in a manner prescribed by the Office of the Attorney General. The Attorney General may adopt rules to implement the provisions of this section.

(c) In addition to any other remedy provided by law, the Attorney General after consultation with the Commissioner of Financial Regulation may file an action in Superior Court for a violation of this section or of rules adopted under this section. In any such action, 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. Each violation of this section or of rules adopted under this section constitutes a separate civil violation for which the Attorney General may obtain relief.

(d) As used in this section:

(1) “Average wholesale price” or “AWP” means the wholesale price charged on a specific commodity that is assigned by the pharmaceutical manufacturing company and listed in a nationally recognized drug pricing file.

(2) “Pharmaceutical manufacturing company” shall have the same meaning as “pharmaceutical manufacturer” in section 4631a of this title.

(3) “Pharmaceutical marketer” means a person who, while employed by or under contract to represent a pharmaceutical manufacturing company, engages in marketing as that term is defined in section 4631a of this title.
18 V.S.A. § 4054 — VT Code / Title 18 / Chapter 82 / Section 4054
§ 4054. Penalties
Status: in_force

(a) A person who violates any of the provisions of section 4052 of this title shall be imprisoned for not more than one year or fined not more than $1,000.00, or both; but if the violation is committed after a conviction of the person under this section has become final, the person shall be imprisoned for not more than one year or fined not more than $2,500.00, or both.

(b) A person shall not be subject to the penalties of subsection (a) of this section for having violated subdivision 4052(1) or (3) of this title if he or she establishes a guaranty or undertaking signed by and containing the name and address of the person residing in the State of Vermont from whom he or she received in good faith the article, to the effect that the article is not adulterated or misbranded within the meaning of this chapter, designating this chapter.

(c) No publisher, radio broadcast licensee, or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor, or seller of the article to which a false advertisement relates, shall be liable under this section by reason of the dissemination by the person of such false advertisement, unless the person has refused, on the request of the Commissioner, to furnish the Commissioner the name and post office address of the manufacturer, packer, distributor, seller, or advertising agency, residing in the State of Vermont, who causes the person to disseminate such advertisement.
18 V.S.A. § 7302 — VT Code / Title 18 / Chapter 175 / Section 7302
§ 7302. Subcommittee on institutions
Status: in_force

The Board may delegate to a subcommittee on institutions, composed of two doctors and a lawyer, its functions under sections 7305, 7306, and 7308-7313 of this title, and the action of a majority of the subcommittee shall be that of the Board.
18 V.S.A. § 5291 — VT Code / Title 18 / Chapter 113 / Section 5291
§ 5291. Safe disposal of unused medications
Status: in_force

The Department of Health shall adopt rules providing for the safe disposal of unused medications prescribed under this chapter.
18 V.S.A. § 1671 — VT Code / Title 18 / Chapter 33A / Section 1671
§ 1671. Repealed. 2023, No. 131 (Adj. Sess.), § 10, eff. January 1, 2026.
Status: in_force

As used in this chapter:

(1) “Bisphenols” means any member of a class of industrial chemicals that contain two hydroxyphenyl groups. Bisphenols are used primarily in the manufacture of polycarbonate plastic and epoxy resins.

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

(3) “Food package” or “food packaging” means a package or packaging component that is intended for direct food contact.

(4) “Intentionally added” means the addition of a chemical in a product that serves an intended function in the product component.

(5) “Ortho-phthalates” means any member of the class of organic chemicals that are esters of phthalic acid containing two carbon chains located in the ortho position.

(6) “Package” means a container providing a means of marketing, protecting, or handling a product and shall include a unit package, an intermediate package, and a shipping container. “Package” also means unsealed receptacles, such as carrying cases, crates, cups, pails, rigid foil and other trays, wrappers and wrapping films, bags, and tubs.

(7) “Packaging component” means an individual assembled part of a package, such as any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks, and labels, and disposable gloves used in commercial or institutional food service.

(8) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” has the same meaning as in section 1661 of this title.
18 V.S.A. § 7509 — VT Code / Title 18 / Chapter 179 / Section 7509
§ 7509. Treatment; right of access
Status: in_force

(a) Upon admission to a hospital, secure residential recovery facility, or psychiatric residential treatment facility for youth pursuant to section 7503, 7508, 7617, or 7624 of this title, the person shall be treated with dignity and respect and shall be given such medical and psychiatric treatment as is indicated.

(b) All persons admitted or held for admission shall be given the opportunity, subject to reasonable limitations, to communicate with others, including visits by a peer or other support person designated by the person, presence of the support person at all treatment team meetings the person is entitled to attend, the reasonable use of a telephone, and the reasonable use of electronic mail and the internet.

(c) The person shall be requested to furnish the names of persons that the person may want notified of the person's hospitalization or residence and kept informed of the person's status. The head of the hospital shall see that such persons are notified of the status of the person, how the person may be contacted and visited, and how they may obtain information concerning the person.
18 V.S.A. § 8711 — VT Code / Title 18 / Chapter 204 / Section 8711
§ 8711. Conduct of hearing
Status: in_force

(a) The respondent, the petitioner, and all other persons to whom notice has been sent may attend the hearing, testify, present evidence, and subpoena, present, and cross-examine witnesses, including those who prepared the comprehensive evaluation. The court may exclude any person not necessary for the conduct of the hearing.

(b) The hearing shall be conducted according to the rules of evidence applicable in civil actions in the Superior Courts of the State and to an extent not inconsistent with this chapter, the Rules of Civil Procedure of the State shall be applicable.

(c) The court shall determine the following:

(1) whether the respondent has an intellectual disability;

(2) whether the respondent is competent to give informed consent as defined in section 8706 of this title; and

(3) if the court determines that the respondent is not competent to give informed consent, whether a sterilization is in the best interests of the respondent by considering the following factors:

(A) that the respondent is physically capable of conceiving a child;

(B) that the respondent is likely to engage in sexual activity at present or in the near future under circumstances that may result in pregnancy;

(C) that the nature of the respondent's disability renders the respondent incapable now or in the future of caring for a child;

(D) that the respondent's disability is not likely to improve, nor does medical knowledge exist to establish that an advance in treatment of the disability is likely; and

(E) that no effective, less drastic alternative to sterilization is medically indicated that will meet the needs of the respondent.

(d) The court shall order the Commissioner of Disabilities, Aging, and Independent Living to arrange for the preparation of a comprehensive medical, psychological, and social evaluation of the person through developmental disability agencies affiliated with the Department. The comprehensive evaluation shall be completed within 30 days after the receipt of the petition. The medical report shall be prepared by a physician and shall describe the physical condition of the respondent and the availability of effective, alternative contraceptive measures to meet the needs of the person. The psychological report shall include a diagnosis of the person's intellectual ability and social functioning. The social report shall be prepared by a qualified developmental disabilities professional and shall describe the respondent's developmental and social functioning.

(e) The petitioner shall have the burden of proving the elements of the petition by clear and convincing evidence.

(f) The evaluation shall be received into evidence, if the persons who prepared the evaluation are available for the hearing or subject to service of subpoena. However, the court shall not be bound by the evidence contained in the evaluation but shall make its determination upon the entire record.
18 V.S.A. § 7617 — VT Code / Title 18 / Chapter 181 / Section 7617
§ 7617. Findings; order
Status: in_force

(a) If the court finds that the proposed patient was not a person in need of treatment at the time of admission or application or is not a patient in need of further treatment at the time of the hearing, the court shall enter a finding to that effect and shall dismiss the application.

(b) If the proposed patient is found to have been a person in need of treatment at the time of admission or application and a patient in need of further treatment at the time of the hearing, the court may order the person:

(1) hospitalized in a designated hospital;

(2) hospitalized in any other public or private hospital if he or she and the hospital agree; or

(3) to undergo a program of treatment other than hospitalization.

(c) Prior to ordering any course of treatment, the court shall determine whether there exists an available program of treatment for the person that is an appropriate alternative to hospitalization. The court shall not order hospitalization without a thorough consideration of available alternatives.

(d) Before making its decision, the court shall order testimony by an appropriate representative of a hospital, a community mental health agency, public or private entity or agency, or a suitable person, who shall assess the availability and appropriateness for the individual of treatment programs other than hospitalization.

(e) Prior to ordering the hospitalization of a person, the court shall inquire into the adequacy of treatment to be provided to the person by the hospital. Hospitalization shall not be ordered unless the hospital in which the person is to be hospitalized can provide him or her with treatment that is adequate and appropriate to his or her condition.

(f) Preference between available hospitals shall be given to the hospital that is located nearest to the person's residence, except when the person requests otherwise or there are other compelling reasons for not following the preference.
18 V.S.A. § 9401 — VT Code / Title 18 / Chapter 221 / Section 9401
§ 9401. Policy
Status: in_force

(a) It is the policy of the State of Vermont that health care is a public good for all Vermonters and to ensure that all residents have access to quality health services at costs that are affordable. To achieve this policy, it is necessary that the State ensure the quality of health care services provided in Vermont and, until health care systems are successful in controlling their costs and resources, to oversee cost containment.

(b) It is further the policy of the State of Vermont that the health care system should:

(1) maintain and improve the quality of health care services offered to Vermonters;

(2) utilize planning, market, and other mechanisms that contain or reduce increases in the cost of delivering services so that health care costs do not consume a disproportionate share of Vermonters' incomes or the monies available for other services required to ensure the health, safety, and welfare of Vermonters;

(3) encourage regional and local participation in decisions about health care delivery, financing, and provider supply;

(4) utilize planning, market, and other mechanisms that will achieve rational allocation of health care resources in the State;

(5) facilitate universal access to preventive and medically necessary health care;

(6) support efforts to integrate mental health and substance abuse services with overall medical care.
18 V.S.A. § 4232 — VT Code / Title 18 / Chapter 84 / Section 4232
§ 4232. LSD
Status: in_force

(a) Possession.

(1) A person knowingly and unlawfully possessing lysergic acid diethylamide 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 lysergic acid diethylamide in an amount consisting of 100 milligrams or more of one or more preparations, compounds, mixtures, or substances containing lysergic acid diethylamide shall be imprisoned not more than five years or fined not more than $25,000.00, or both.

(3) A person knowingly and unlawfully possessing lysergic acid diethylamide in an amount consisting of one gram or more of one or more preparations, compounds, mixtures, or substances containing lysergic acid diethylamide shall be imprisoned not more than 10 years or fined not more than $100,000.00, or both.

(4) A person knowingly and unlawfully possessing lysergic acid diethylamide in an amount consisting of 10 grams or more of one or more preparations, compounds, mixtures, or substances containing lysergic acid diethylamide shall be imprisoned not more than 20 years or fined not more than $500,000.00, or both.

(b) Selling or dispensing.

(1) A person knowingly and unlawfully dispensing lysergic acid diethylamide shall be imprisoned not more than three years or fined not more than $25,000.00, or both. A person knowingly and unlawfully selling lysergic acid diethylamide shall be imprisoned not more than five years or fined not more than $25,000.00, or both.

(2) A person knowingly and unlawfully selling or dispensing lysergic acid diethylamide in an amount consisting of 100 milligrams or more of one or more preparations, compounds, mixtures, or substances containing lysergic acid diethylamide shall be imprisoned not more than 10 years or fined not more than $100,000.00, or both.

(3) A person knowingly and unlawfully selling or dispensing lysergic acid diethylamide in an amount consisting of one gram or more of one or more preparations, compounds, mixtures, or substances containing lysergic acid diethylamide shall be imprisoned not more than 20 years or fined not more than $500,000.00, or both.
18 V.S.A. § 8101 — VT Code / Title 18 / Chapter 191 / Section 8101
§ 8101. Liability
Status: in_force

(a) It shall be the duty of a patient, his or her legal representative, spouse, and, in the case of a patient who is a minor, his or her parents, in that order, to pay or contribute to the payment of the charge for the care and treatment of that patient when hospitalized under this part of this title in such manner and proportion as the Commissioner shall determine to be within their ability to pay.

(b) The Commissioner shall adopt, pursuant to 3 V.S.A. chapter 25, rules that set forth in detail the levels of income, resources, expenses, and family size at which persons are deemed able to pay given amounts for the care and treatment of a patient, and the circumstances, if any, under which the rates of payment so established may be waived or modified. A copy of the payment schedule so adopted shall be made available in the admissions office at the Vermont State Hospital or its successor in interest.

(c) The Commissioner shall, at the time of the hospitalization of a patient, investigate the ability to pay of persons liable under subsection (a) of this section, and may require from the liable persons sworn statements of income, resources, expenses, and family size. The Commissioner shall notify, within 30 days after the date of admission, in writing, each liable person of the amount of the person's liability and the fact that liability commences on the date of admission. The notice shall include a statement of the right of the liable person to an appeal under section 8111 of this title.

(d) If any of the persons liable for support know of such liability and willfully conceal their ability to pay, they shall be ordered to pay, to the extent of their ability, charges that accrue during the period of concealment.

(e) In his or her investigation, keeping of accounts, and collection of charges, the Commissioner shall have the support and cooperation of the Department for Children and Families insofar as the records of that Department relate to the ability to pay.

(f) Any self pay and third party payments received from or on behalf of any patients or any residents at the Vermont Psychiatric Care Hospital, the Middlesex Therapeutic Community Residence, or their successors in interest shall be paid to the Department of Mental Health for deposit in a special fund to offset the associated expenditures.
18 V.S.A. § 5318 — VT Code / Title 18 / Chapter 121 / Section 5318
§ 5318. Public use of cemetery for other purposes
Status: in_force

A public highway or railroad shall not be laid through such burial ground without the consent of the town, association, or the General Assembly, and no portion of such burial ground shall be taken for public use without special authority from the General Assembly.
18 V.S.A. § 7618 — VT Code / Title 18 / Chapter 181 / Section 7618
§ 7618. Order; nonhospitalization
Status: in_force

(a) If the court finds that a treatment program other than hospitalization is adequate to meet the person's treatment needs, the court shall order the person to receive whatever treatment other than hospitalization is appropriate for a period of 90 days. If the treatment plan proposed by the Commissioner is for a secure residential recovery facility or a psychiatric residential treatment facility for youth, the court may at any time, on its own motion or on a motion of an interested party, review the need for treatment at the secure residential recovery facility or the psychiatric residential treatment facility for youth, respectively.

(b) If at any time during the specified period it comes to the attention of the court either that the patient is not complying with the order or that the alternative treatment has not been adequate to meet the patient's treatment needs, the court may, after proper hearing:

(1) consider other alternatives, modify its original order, and direct the patient to undergo another program of alternative treatment for the remainder of the 90-day period; or

(2) enter a new order directing that the patient be hospitalized for the remainder of the 90-day period.
18 V.S.A. § 4631a — VT Code / Title 18 / Chapter 91 / Section 4631a
§ 4631a. Expenditures by manufacturers of prescribed products
Status: in_force

(a) As used in this section:

(1) “Allowable expenditures” means:

(A) Payment to the sponsor of a significant educational, medical, scientific, or policy-making conference or seminar, provided:

(i) the payment is not made directly to a health care professional or pharmacist;

(ii) funding is used solely for bona fide educational purposes, except that the sponsor may, in the sponsor's discretion, apply some or all of the funding to provide meals and other food for all conference participants; and

(iii) all program content is objective, free from industry control, and does not promote specific products.

(B) Honoraria and payment of the expenses of a health care professional who serves on the faculty at a bona fide significant educational, medical, scientific, or policy-making conference or seminar, provided:

(i) there is an explicit contract with specific deliverables that are restricted to medical issues, not marketing activities; and

(ii) consistent with federal law, the content of the presentation, including slides and written materials, is determined by the health care professional.

(C) For a bona fide clinical trial:

(i) gross compensation for the Vermont location or locations involved;

(ii) direct salary support per principal investigator and other health care professionals per year; and

(iii) expenses paid on behalf of investigators or other health care professionals paid to review the clinical trial.

(D) For a research project that constitutes a systematic investigation, is designed to develop or contribute to general knowledge, and reasonably can be considered to be of significant interest or value to scientists or health care professionals working in the particular field of inquiry:

(i) gross compensation;

(ii) direct salary support per health care professional; and

(iii) expenses paid on behalf of each health care professional.

(E) Payment or reimbursement for the reasonable expenses, including travel and lodging-related expenses, necessary for technical training of individual health care professionals on the use of a medical device if the commitment to provide such expenses and the amounts or categories of reasonable expenses to be paid are described in a written agreement between the health care provider and the manufacturer.

(F) Royalties and licensing fees paid to health care providers in return for contractual rights to use or purchase a patented or otherwise legally recognized discovery for which the health care provider holds an ownership right.

(G) The payment of the reasonable expenses of an individual related to the interview of the individual by a manufacturer of prescribed products in connection with a bona fide employment opportunity or for health care services on behalf of an employee of the manufacturer.

(H) Sponsorship of an educational program offered by a medical device manufacturer at a national or regional professional society meeting at which programs accredited by the Accreditation Council for Continuing Medical Education, or a comparable professional accrediting entity, are also offered, provided:

(i) no payment is made directly to a health care professional or pharmacist; and

(ii) the funding is used solely for bona fide educational purposes, except that the manufacturer may provide meals and other food for program participants.

(I) Other reasonable fees, payments, subsidies, or other economic benefits provided by a manufacturer of prescribed products at fair market value.

(2) “Bona fide clinical trial” means an FDA-reviewed clinical trial that constitutes “research” as that term is defined in 45 C.F.R. § 46.102 and reasonably can be considered to be of interest to scientists or health care professionals working in the particular field of inquiry.

(3) “Clinical trial” means any study assessing the safety or efficacy of prescribed products administered alone or in combination with other prescribed products or other therapies, or assessing the relative safety or efficacy of prescribed products in comparison with other prescribed products or other therapies.

(4) “Free clinic” means a health care facility operated by a nonprofit private entity that:

(A) in providing health care, does not accept reimbursement from any third-party payor, including reimbursement from any insurance policy, health plan, or federal or state health benefits program that is individually determined;

(B) in providing health care, either:

(i) does not impose charges on patients to whom service is provided; or

(ii) imposes charges on patients according to their ability to pay;

(C) may accept patients' voluntary donations for health care service provision; and

(D) is licensed or certified to provide health services in accordance with Vermont law.

(5) “Gift” means:

(A) anything of value provided for free to a health care provider or to a member of the Green Mountain Care Board established in chapter 220 of this title; or

(B) except as otherwise provided in subdivisions (1)(A)(ii) and (1)(H)(ii) of this subsection (a), any payment, food, entertainment, travel, subscription, advance, service, or anything else of value provided to a health care provider or to a member of the Green Mountain Care Board established in chapter 220 of this title, unless:

(i) it is an allowable expenditure as defined in subdivision (a)(1) of this section; or

(ii) the health care provider or Board member reimburses the cost at fair market value.

(6) “Health benefit plan administrator” means the person or entity who sets formularies on behalf of an employer or health insurer.

(7)(A) “Health care professional” means:

(i) a person who is authorized by law to prescribe or to recommend prescribed products, who regularly practices in this State, and who either is licensed by this State to provide or is otherwise lawfully providing health care in this State;

(ii) a partnership or corporation made up of the persons described in subdivision (i) of this subdivision (7)(A); or

(iii) an officer, employee, agent, or contractor of a person described in subdivision (i) of this subdivision (7)(A) who is acting in the course and scope of employment, of an agency, or of a contract related to or supportive of the provision of health care to individuals.

(B) The term shall not include a person described in subdivision (A) of this subdivision (7) who is employed solely by a manufacturer.

(C) “Regularly practices” means to practice at least periodically under contract with, as an employee of, or as the owner of, a medical practice, health care facility, nursing home, hospital, or university located in Vermont.

(8) “Health care provider” means a health care professional, hospital, nursing home, pharmacist, health benefit plan administrator, or any other person authorized to dispense or purchase for distribution prescribed products in this State. The term does not include a hospital foundation that is organized as a nonprofit entity separate from a hospital.

(9) “Manufacturer” means a pharmaceutical, biological product, or medical device manufacturer or any other person who is engaged in the production, preparation, propagation, compounding, processing, marketing, packaging, repacking, distributing, or labeling of prescribed products. The term does not include a wholesale distributor of biological products, a retailer, or a pharmacist licensed under 26 V.S.A. chapter 36. The term also does not include a manufacturer whose only prescribed products are classified as Class I by the U.S. Food and Drug Administration, are exempt from pre-market notification under Section 510(k) of the federal Food, Drug and Cosmetic Act, and are sold over the counter without a prescription.

(10) “Marketing” shall include promotion, detailing, or any activity that is intended to be used or is used to influence sales or market share or to evaluate the effectiveness of a professional sales force.

(11) “Pharmaceutical manufacturer” means any entity that is engaged in the production, preparation, propagation, compounding, conversion, or processing of prescription drugs, whether directly or indirectly by extraction from substances of natural origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, or any entity engaged in the packaging, repackaging, labeling, relabeling, or distribution of prescription drugs. The term does not include a wholesale distributor of prescription drugs, a retailer, or a pharmacist licensed under 26 V.S.A. chapter 36.

(12) “Prescribed product” means a drug as defined in section 201 of the federal Food, Drug and Cosmetic Act, 21 U.S.C. § 321, a compound drug or drugs, a medical device as defined in this subsection, a biological product as defined in section 351 of the Public Health Service Act, 42 U.S.C. § 262, for human use, or a combination product as defined in 21 C.F.R. § 3.2(e), but shall not include prescription eyeglasses, prescription sunglasses, or other prescription eyewear.

(13) “Sample” means a unit of a prescription drug, biological product, or medical device that is not intended to be sold and is intended to promote the sale of the drug, product, or device. The term includes starter packs and coupons or other vouchers that enable an individual to receive a prescribed product free of charge or at a discounted price. The term does not include prescribed products distributed free of charge or at a discounted price pursuant to a manufacturer-sponsored or manufacturer-funded patient assistance program.

(14) “Significant educational, scientific, or policy-making conference or seminar” means an educational, scientific, or policy-making conference or seminar that:

(A) is accredited by the Accreditation Council for Continuing Medical Education or a comparable organization or is presented by an approved sponsor of continuing education, provided that the sponsor is not a manufacturer of prescribed products; and

(B) offers continuing education credit, features multiple presenters on scientific research, or is authorized by the sponsor to recommend or make policy.

(15) “Medical device” means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component, part, or accessory, that is:

(A) recognized in the official National Formulary or the U.S. Pharmacopeia, or any supplement to them;

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

(C) intended to affect the structure or any function of the body of humans or other animals and that does not achieve its primary intended purposes through chemical action within or on such body and that is not dependent upon being metabolized for the achievement of its primary intended purposes.

(b)(1) It is unlawful for any manufacturer of a prescribed product or any wholesale distributor of medical devices, or any agent thereof, to offer or give any gift to a health care provider or to a member of the Green Mountain Care Board established in chapter 220 of this title.

(2) The prohibition set forth in subdivision (1) of this subsection shall not apply to any of the following:

(A) Samples of a prescribed product or reasonable quantities of an over-the-counter drug; a nonprescription medical device; an item of nonprescription durable medical equipment; an item of medical food as defined in the federal Orphan Drug Act, as amended, 21 U.S.C. § 360ee(b)(3); or infant formula as defined in Section 201(z) of the federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 321, provided to a health care provider for free distribution to patients.

(B) The loan of a medical device for a short-term trial period, not to exceed 120 days, to permit evaluation of a medical device by a health care provider or patient.

(C) The provision of reasonable quantities of medical device demonstration or evaluation units to a health care provider to assess the appropriate use and function of the product and determine whether and when to use or recommend the product in the future.

(D) The provision, distribution, dissemination, or receipt of peer-reviewed academic, scientific, or clinical articles or journals and other items that serve a genuine educational function provided to a health care provider for the benefit of patients.

(E) Scholarship or other support for medical students, residents, and fellows to attend a significant educational, scientific, or policy-making conference or seminar of a national, regional, or specialty medical or other professional association if the recipient of the scholarship or other support is selected by the association.

(F) Rebates and discounts for prescribed products provided in the normal course of business.

(G) Labels approved by the federal Food and Drug Administration for prescribed products.

(H) The provision to a free clinic of financial donations or of free:

(i) prescription drugs;

(ii) over-the-counter drugs;

(iii) medical devices;

(iv) biological products;

(v) combination products;

(vi) medical food;

(vii) infant formula; or

(viii) medical equipment or supplies.

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

(J) Fellowship salary support provided to fellows through grants from manufacturers of prescribed products, provided:

(i) such grants are applied for by an academic institution or hospital;

(ii) the institution or hospital selects the recipient fellows;

(iii) the manufacturer imposes no further demands or limits on the institution's, hospital's, or fellow's use of the funds; and

(iv) fellowships are not named for a manufacturer and no individual recipient's fellowship is attributed to a particular manufacturer of prescribed products.

(K) The provision of coffee or other snacks or refreshments at a booth at a conference or seminar.

(c) Except as described in subdivisions (a)(1)(C) and (D) of this section, no manufacturer or other entity on behalf of a manufacturer shall provide any fee, payment, subsidy, or other economic benefit to a health care provider in connection with the provider's participation in research.

(d) 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 may impose on a manufacturer that violates this section a civil penalty of not more than $10,000.00 per violation. Each unlawful gift shall constitute a separate violation. In any action brought pursuant to this section, the Attorney General shall have the same authority to investigate and to obtain remedies as if the action were brought under the Consumer Protection Act, 9 V.S.A. chapter 63.
18 V.S.A. § 1055 — VT Code / Title 18 / Chapter 21 / Section 1055
§ 1055. Tuberculosis; compulsory examinations
Status: in_force

When the Commissioner of Health has reasonable cause to believe that any person has tuberculosis in an active stage or in a communicable form, the Commissioner may request the person to undergo an examination at a clinic or hospital approved by the Secretary of Human Services for that purpose at the expense of the State by a physician qualified in chest diseases. If the person refuses the examination, the Commissioner may petition the Superior Court for the unit where the person resides for an order requiring the person to submit to examination. When the court finds that there is reasonable cause to believe that the person has tuberculosis in an active stage or in a communicable form, it may order the person to be examined.
18 V.S.A. § 4607 — VT Code / Title 18 / Chapter 91 / Section 4607
§ 4607. Information; labeling
Status: in_force

(a) Every pharmacy in the State shall have posted a sign in a prominent place that is in clear unobstructed view that shall read: “Vermont law requires pharmacists in some cases to select a less expensive generic equivalent drug or interchangeable biological product for the drug or biological product prescribed unless you or your physician direct otherwise. Ask your pharmacist.”

(b) The label of the container of all drugs and biological products dispensed by a pharmacist under this chapter shall indicate the generic or proper name using an abbreviation if necessary, the strength of the drug or biological product, if applicable, and the name or number of the manufacturer or distributor.
18 V.S.A. § 9414 — VT Code / Title 18 / Chapter 221 / Section 9414
§ 9414. Quality assurance for managed care
Status: repealed

(a) The Commissioner shall have the power and responsibility to ensure that each managed care organization provides quality health care to its members, in accordance with the provisions of this section.

(1) In determining whether a managed care organization meets the requirements of this section, the Commissioner may review and examine, in accordance with subsection (e) of this section, the organization's administrative policies and procedures, quality management and improvement procedures, utilization management, credentialing practices, members' rights and responsibilities, preventive health services, medical records practices, grievance and appeal procedures, member services, financial incentives or disincentives, disenrollment, provider contracting, and systems and data reporting capacities. The Commissioner shall establish, by rule, specific criteria to be considered under this section.

(2) A managed care organization shall, in plain language, disclose to its members:

(A) any provision of its enrollment plan or provider contracts that may restrict referral or treatment options or that may require prior authorization or utilization review or that may limit in any manner the services covered under the members' enrollment plan;

(B) the criteria used for credentialing or selecting health care providers with whom the organization contracts;

(C) the financial inducements offered to any health care provider or health care facility for the reduction or limitation of health care services;

(D) the utilization review procedures of the organization, including the credentials and training of utilization review personnel;

(E) whether the organization's health care providers are contractually prohibited from participating in other managed care organizations or from performing services for persons who are not members of the managed care organization;

(F) upon request, health care providers available to members under the enrollment plan.

(3) A managed care organization shall not include any provision in a contract with a health care provider that prohibits the health care provider from disclosing to members information about the contract or the members' enrollment plan that may affect their health or any decision regarding health care treatment.

(4) The Commissioner or designee may resolve any consumer or provider complaint arising out of this subsection as though the managed care organization were an insurer licensed pursuant to Title 8. As used in this section, “complaint” means a report of a violation or suspected violation of the standards set forth in this section or adopted by rule pursuant to this section and made by or on behalf of a consumer or provider.

(5) The Commissioner shall prepare an annual report on or before July 1 of each year providing the number of complaints received during the previous calendar year regarding violations or suspected violations of the standards set forth in this section or adopted by rule pursuant to this section. The report shall specify the aggregate number of complaints related to each standard and shall be posted on the Department's website.

(b)(1) A managed care organization shall ensure that the health care services provided to members are consistent with prevailing professionally recognized standards of medical practice.

(2) A managed care organization shall participate in the Blueprint for Health established in chapter 13 of this title. If needed to implement the Blueprint, a managed care organization shall establish a chronic care program, which shall include:

(A) appropriate benefit plan design;

(B) informational materials, training, and follow-up necessary to support members and providers; and

(C) payment reform methodologies.

(3) Each managed care organization shall have procedures to ensure availability, accessibility, and continuity of care, and ongoing procedures for the identification, evaluation, resolution, and follow-up of potential and actual problems in its health care administration and delivery.

(4) Each managed care organization shall be accredited by a national independent accreditation organization approved by the Commissioner.

(c) Consistent with participation in the Blueprint for Health pursuant to subdivision (b)(2) of this section and the accreditation required by subdivision (b)(4) of this section, the managed care organization shall have an internal quality assurance program to monitor and evaluate its health care services, including primary and specialist physician services, and ancillary and preventive health care services, across all institutional and noninstitutional settings. The internal quality assurance program shall be fully described in written form; provided to all managers, providers, and staff; and made available to members of the organization. The components of the internal quality assurance program shall include the following:

(1) a peer review committee or comparable designated committee responsible for quality assurance activities;

(2) accountability of the committee to the board of directors or other governing authority of the organization;

(3) participation by an appropriate base of providers and support staff;

(4) supervision by the medical director of the organization;

(5) regularly scheduled meetings; and

(6) minutes or records of the meetings that describe in detail the actions of the committee, including problems discussed, charts reviewed, recommendations made, and any other pertinent information.

(d), (e) [Repealed.]

(f)(1) For the purpose of evaluating a managed care organization's performance under the provisions of this section, the Commissioner may examine and review information protected by the provisions of the patient's privilege under 12 V.S.A. § 1612(a) or otherwise required by law to be held confidential.

(2) [Repealed.]

(3) Any information made available under this section shall be furnished in a manner that does not disclose the identity of the protected person. The Commissioner shall adopt a confidentiality code to ensure that information obtained under this section is handled in an ethical manner. Information disclosed to the Commissioner under this section shall be confidential and privileged and shall not be subject to subpoena or available for public disclosure, except that the Commissioner is authorized to use such information during the course of any legal or regulatory action under this title against a managed care organization.

(g)(1) In addition to any other remedy or sanction provided by law, after notice and an opportunity to be heard, if the Commissioner determines that a managed care organization has violated or failed to comply with any of the provisions of this section or any rule adopted pursuant to this section, the Commissioner may:

(A) sanction the violation or failure to comply as provided in Title 8, including sanctions provided by or incorporated in 8 V.S.A. §§ 4726, 5108, and 5109, and may use any information obtained during the course of any legal or regulatory action against a managed care organization;

(B) order the managed care organization to cease and desist in further violations; and

(C) order the managed care organization to remediate the violation, including issuing an order to the managed care organization to terminate its contract with any person or entity that administers claims or the coverage of benefits on behalf of the managed care organization.

(2) A managed care organization that contracts with a person or entity to administer claims or provide coverage of health benefits is fully responsible for the acts and omissions of such person or entity. Such person or entity shall comply with all obligations, under this title and Title 8, of the health insurance plan and the health insurer on behalf of which such person or entity is providing or administering coverage.

(3) A violation of any provision of this section or a rule adopted pursuant to this section shall constitute an unfair act or practice in the business of insurance in violation of 8 V.S.A. § 4723.

(h) Each managed care organization subject to examination, investigation, or review by the Commissioner under this section shall pay the Commissioner the reasonable costs of such examination, investigation, or review conducted or caused to be conducted by the Commissioner, at a rate to be determined by the Commissioner. All examinations conducted under this section shall be pursuant to and in conformity with 8 V.S.A. §§ 3573, 3574, 3575, and 3576, except that the Commissioner may modify or adapt those examination guidelines, principles, and procedures to be more appropriate or useful to the examination of managed care organizations.

(i) [Repealed.]
18 V.S.A. § 1782 — VT Code / Title 18 / Chapter 39 / Section 1782
§ 1782. Environmentally preferable cleaning products
Status: in_force

(a) A distributor or manufacturer of cleaning products shall sell, offer for sale, or distribute to a school, school district, supervisory union, or procurement consortium only:

(1) environmentally preferable cleaning products utilized by the Department of Buildings and General Services under State contracts; or

(2) cleaning products 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 only shall use a cleaning product that meets the requirements of subdivisions (a)(1) and (2) of this section.

(c) Nothing in this chapter shall be construed to regulate the sale, use, or distribution of antimicrobial pesticides.

(d) A distributor or manufacturer of cleaning products shall provide a green cleaning training to each school district it provides with environmentally preferable cleaning products, provided the training is incurred at no cost to the school district.
18 V.S.A. § 4241 — VT Code / Title 18 / Chapter 84 / Section 4241
§ 4241. Scope
Status: in_force

(a) The following property shall be subject to this subchapter:

(1) All regulated drugs that have been cultivated, manufactured, distributed, compounded, possessed, sold, prescribed, dispensed, or delivered in violation of subchapter 1 of this chapter.

(2) All raw materials, products, and equipment of any kind that are used or intended for use in cultivating, manufacturing, compounding, dispensing, delivering, processing, importing, or exporting any regulated drug in violation of subchapter 1 of this chapter.

(3) All property that is used or intended for use as a container for property described in subdivision (1) or (2) of this subsection.

(4) All books, records, and research, including formulas, microfilm, tapes, computers, software, and data, that are used or intended for use in violation of subchapter 1 of this chapter.

(5) Any consideration, including monies, negotiable instruments, and securities, used or intended for use in the cultivation, manufacture, compounding, distribution, or delivery of any regulated drug in violation of subchapter 1 of this chapter and any proceeds or derivative proceeds of any dispensing or sale of any regulated drug in violation of subchapter 1 of this chapter, including monies, negotiable instruments, and securities. Such consideration, proceeds, or derivative proceeds shall be forfeited to the extent of the interest of an owner, only by reason of an action or omission committed or omitted with the knowledge or consent of the owner. As used herein, “derivative proceeds” shall not include real property that is occupied as the primary residence of a person involved in the violation and a member or members of that person's family.

(6) All conveyances, including aircraft, vehicles, or vessels, that are used or are intended for use to transport, conceal, or in any manner facilitate the cultivation, manufacture, compounding, dispensing, delivering, sale, or possession of a regulated drug in violation of subchapter 1 of this chapter. No conveyance shall be forfeited:

(A) that is used by any person as a common carrier in the transaction of business as a common carrier unless the owner or other person in charge of such conveyance was a consenting party or privy to a violation of subchapter 1 of this chapter;

(B) by reason of any act or omission of any person other than the owner while the conveyance was unlawfully in the possession of a person other than the owner in violation of the criminal laws of the United States, this State, or any other state; or

(C) by reason of the use or intended use of the conveyance in violation of subchapter 1 of this chapter by a person other than the owner, unless the owner knew or had reason to believe that the conveyance was used in that manner.

(7) Any property seized pursuant to 13 V.S.A. § 364.

(b) This subchapter shall apply to property for which forfeiture is sought in connection with:

(1) a violation under chapter 84, subchapter 1 of this title that carries by law a maximum penalty of ten years' incarceration or greater; or

(2) a violation of 13 V.S.A. § 364.
18 V.S.A. § 5487 — VT Code / Title 18 / Chapter 121 / Section 5487
§ 5487. Acquisition of land by cemetery associations generally
Status: in_force

A cemetery association may acquire by gift, purchase at its fair cash market value, or devise such lands as may be necessary for its cemetery purposes. If the consent of the selectboard and local board of health is first had and obtained in writing, such association may devote the same to such cemetery purposes. When it is necessary to acquire lands by condemnation proceedings, such proceedings shall be taken as provided in sections 5488–5494 of this title.
18 V.S.A. § 5578 — VT Code / Title 18 / Chapter 121 / Section 5578
§ 5578. Perpetual care funds
Status: in_force

There shall be established and maintained a fund for the perpetual care and maintenance of such community mausoleum and columbarium by applying in the case of a community mausoleum not less than the sum of $100.00 from the proceeds received from the sale of each crypt and 10 percent of the proceeds received from the sale of each room; and in case of niches in a community mausoleum or columbarium, used as a repository for the remains of deceased persons after cremation, a sum which shall be equivalent to 10 percent of the sale price of each niche. In event sales of crypts or rooms in a community mausoleum, or sales of niches in a community mausoleum or columbarium are made upon partial payments, there shall be set apart and applied to such fund from each partial payment the percentage that the amount of the partial payment bears to the total purchase price of the crypt, room, or niche.
18 V.S.A. § 302 — VT Code / Title 18 / Chapter 7 / Section 302
§ 302. Dental educational program
Status: in_force

The Commissioner shall cooperate with the dental profession in any educational programs for the purpose of improving the dental health of the people of the State.
18 V.S.A. § 5434 — VT Code / Title 18 / Chapter 121 / Section 5434
§ 5434. Penalty for doing business as a cemetery association without authority
Status: in_force

A person, firm, corporation, or association, or a trust, trustee, or trustees of any person, firm, corporation, or association, who, without authority of this chapter so to do, shall exercise or attempt to exercise any powers, privileges, or franchises that are specified or may be granted under this chapter to incorporated cemetery associations, or who shall by any device attempt to evade the provisions of this chapter applicable to cemetery associations in respect to the sale of lots or spaces for the permanent disposition of human remains and the disposition of the proceeds thereof, shall be fined not less than $1,000.00 nor more than $10,000.00, and may be enjoined from further doing of such acts at the suit of any taxpayer of the State. However, the provisions of this section shall not affect or impair the rights of a person, firm, corporation, or association or a trust, trustee, or trustees of such person, firm, corporation, or association under any existing contract or contracts between such parties and incorporated cemetery associations, nor shall the performance of the provisions of such contract or contracts subject parties thereto to the penalties imposed by this section. (V.S. 1947, § 4068; P.L. § 3900; 1933, No. 49, § 21; amended 2021, No. 169 (Adj. Sess.), § 15, eff. January 1, 2023.)
18 V.S.A. § 202 — VT Code / Title 18 / Chapter 5 / Section 202
§ 202. Clinical care of cancer patients; state aid
Status: in_force

The Commissioner may furnish clinical care or diagnostic procedures for persons with cancer or suspicion of cancer. The Commissioner may grant State aid for the care of persons who have cancer or suspicion of cancer and are without means of providing for themselves adequate care as required by their condition, provided that the aid so granted shall not, in any individual case, exceed one-half the total bill. Notwithstanding any provisions of law to the contrary, the names of persons receiving aid under this section shall not be printed in any public report, and the Commissioner shall fix the maximum amount to be paid in any given case not to exceed $500.00 in any patient year.
18 V.S.A. § 117 — VT Code / Title 18 / Chapter 3 / Section 117
§ 117. Chronic fatigue syndrome
Status: in_force

(a) The Commissioner of Health shall establish a statewide network of resources to provide education through the distribution of information regarding persons with chronic fatigue syndrome, also known as chronic fatigue immune dysfunction syndrome (CFIDS), to persons with chronic fatigue syndrome, health care providers, and the public.

(b) The Department shall work in collaboration with the Vermont CFIDS Association, Inc. and health care providers with expertise in chronic fatigue syndrome to prepare an informational packet about the clinical significance, diagnosis, and treatment of chronic fatigue syndrome. The informational packet shall be based upon the publication “A Consensus Manual for the Primary Care and Management of Chronic Fatigue Syndrome” published by the Academy of Medicine of New Jersey and the New Jersey Department of Health and Senior Services, to the extent allowable under federal copyright protections. The Department shall distribute the informational packet to all primary care physicians in the State, and it shall be available on the Department of Health's website. The informational packet may contain any other information that the Commissioner of Health deems necessary and shall be revised by the Department when new information about chronic fatigue syndrome becomes available. The Department shall publicize the informational packet and make it widely available to the public.
18 V.S.A. § 177 — VT Code / Title 18 / Chapter 4A / Section 177
§ 177. Liability
Status: in_force

(a) No action for damages arising from the disclosure of confidential or privileged information shall be maintained against any person, or the employer or employee of any person, who participates in good faith in the reporting of amyotrophic lateral sclerosis registry data or data for amyotrophic lateral sclerosis morbidity or mortality studies in accordance with this chapter.

(b) No license of a health care provider shall be denied, suspended, or revoked for the good faith disclosure of confidential or privileged information in the reporting of amyotrophic lateral sclerosis registry data or data for amyotrophic lateral sclerosis morbidity or mortality studies in accordance with this chapter.

(c) Nothing in this section shall be construed to apply to the unauthorized disclosure of confidential or privileged information when such disclosure is due to gross negligence or willful misconduct.
18 V.S.A. § 5007 — VT Code / Title 18 / Chapter 101 / Section 5007
§ 5007. Preservation of records
Status: in_force

A town clerk shall receive, number, and file for record certificates of marriages and burial-transit permits returned to the clerk. A town clerk shall permanently preserve at the office of the clerk birth and death certificates registered prior to July 1, 2019 and marriage and civil union certificates.
18 V.S.A. § 1905 — VT Code / Title 18 / Chapter 43 / Section 1905
§ 1905. License requirements
Status: in_force

Upon receipt of an application for a license and the license fee, the licensing agency shall issue a license when it determines that the applicant and hospital facilities meet the following minimum standards:

(1) All hospitals receiving federal aid in their construction and equipment costs shall comply with Title VI of the Public Health Service Act and with Public Health Service regulations, Part 53, and with Appendix A of same, as amended.

(2) There shall be full compliance with safety and sanitary standards as required by State and local building and sanitary codes in order to ensure maximum safety to patients and the public.

(3) All general hospitals shall provide adequate and separate facilities and equipment for the performance of surgery and obstetrics, or either, and for diagnostic X-ray and laboratory services.

(4) Remodeling or expansion of any hospital subject to the provisions of this statute shall be approved by the licensing agency prior to starting of such remodeling or expansion, whether or not federal aid is to be requested for the additional projects.

(5) All patients admitted to the hospital shall be under the care of a State registered and licensed practicing physician as defined by the laws of the State of Vermont. All hospitals shall use the uniform credentialing application form described in subsection 9408a(b) of this title.

(6) The nursing service of the hospital shall be directed at all times by a registered professional nurse currently licensed to practice nursing in Vermont.

(7) The care of maternity patients and newborns shall comply with such reasonable regulations as the licensing agency may establish and thereafter modify in the public interest.

(8) Professional case records shall be compiled for all patients and signed by the attending physician. These records shall be kept on file for a minimum of 10 years.

(9) Every hospital shall have an organized medical staff of not fewer than three members that shall meet as often annually as recommended by the Joint Commission on Accreditation of Hospitals.

(10) All employees shall have a preemployment screening by a licensed physician, licensed physician assistant, or licensed advanced practice registered nurse who is acting within his or her scope of practice, or by a designee acting under the direction of one of these licensed health care professionals. This screening shall include medically indicated radiological, hematological, biochemical, immunological, or serological screenings to exclude the presence of a communicable disease prior to employment. These screenings may be repeated annually as a condition of employment and the results shall be made available, on request, to the licensing agency for review.

(11) All employees shall have such additional examinations, tests, and immunization treatments as the licensing agency may determine to be necessary in the public interest.

(12) Accounting records of all operating procedures shall be kept on a monthly basis and complete operating and financial statements shall be compiled at least once annually and kept on file for 20 years.

(13) The hospital grounds and buildings shall be subject to inspection by the licensing agency and other legalized authorities at all times.

(14) A license is not transferable or assignable and shall be issued only for the premises and persons named in the application.

(15) The licensee shall file an annual report containing such information as the licensing agency may reasonably require; a copy of the hospital's annual report to its governing board shall be provided to the licensing agency within 30 days after publication of this document.

(16) All new construction involving hospitals and related buildings on hospital premises shall comply with standards of the State Fire Marshal and the Department of Health, whether or not federal aid under Title VI of the Public Health Service Act is received for such construction.

(17) The Department of Health may, when circumstances warrant, issue a temporary license for such period or periods and subject to such conditions as the Department shall deem proper, subject to the limitation that such a temporary license shall not be issued for a total period of more than 36 months. Such circumstances shall include issues concerning indicators in the hospital's community report that may result in the Department's issuing a license conditioned upon corrective measures or a temporary license with conditions.

(18) All hospitals shall submit to the licensing agency a plan for implementing the provisions of section 1852 of this title and a plan for handling patient complaints, which shall become effective upon approval by the licensing agency. Plans under this subdivision shall include:

(A) the designation of a person or persons qualified as a patient representative;

(B) a method by which each patient shall be made aware of the complaint procedure;

(C) an appeals mechanism within the hospital itself;

(D) a published time frame for processing and resolving complaints and appeals within the hospital, and notification that further appeals of the hospital's resolution of complaints may be made to the licensing agency under chapter 43 of this title; and

(E) periodic reporting to the licensing agency of the nature of complaints filed, and action taken.

(19) All hospitals shall accept payment for compensation claims of uninsured crime victims paid for by the Victims Compensation Board established in 13 V.S.A. § 5352 at 70 percent of billed charges and shall not bill any balance to the uninsured crime victim.

(20) All hospitals shall comply with the rules adopted by the Commissioner pursuant to section 1914 of this title. License applications shall certify compliance with the rules.

(21) In conducting its reviews, the licensing agency shall evaluate the quality and financial indicators published by the Commissioner of Health under subsection 9405b(c) of this title.

(22) All hospitals shall provide oral and written notices to each individual that the hospital places in observation status as required by section 1911a of this title.
18 V.S.A. § 9433 — VT Code / Title 18 / Chapter 221 / Section 9433
§ 9433. Administration
Status: repealed

(a) The Green Mountain Care Board shall exercise such duties and powers as necessary for the implementation of the certificate of need program as provided by and consistent with this subchapter. The Board shall issue or deny certificates of need and administer the program.

(b) The Board shall adopt rules governing the review of certificate of need applications consistent with and necessary to the proper administration of this subchapter. All rules shall be adopted pursuant to 3 V.S.A. chapter 25.

(c) The Board shall consult with hospitals and other health care facilities, professional associations and societies, the Secretary of Human Services, the Office of the Health Care Advocate, and other interested parties in matters of policy affecting the administration of this subchapter.

(d) [Repealed.]
18 V.S.A. § 2057 — VT Code / Title 18 / Chapter 46 / Section 2057
§ 2057. Licensing
Status: in_force

(a) The Director shall license nursing home administrators in accordance with rules adopted, and from time to time revised. A nursing home administrator's license may not be transferred and shall be valid until surrendered for cancellation or suspended or revoked for violation of this chapter or any other laws or regulations relating to the proper administration and management of a nursing home. Denial of issuance or renewal, suspension, or revocation under any section of this chapter shall be appealable in the manner provided in 3 V.S.A. § 130a.

(b) Every holder of a nursing home administrator's license shall renew it biennially, by making application to the Director. Renewals of licenses shall be granted as a matter of course, unless an administrative law officer finds, after due notice and hearing, that the applicant has acted or failed to act in such manner, or under circumstances, as would constitute grounds for suspension or revocation of a license. The Director may by rule require that a license holder complete not more than 40 hours of approved instruction every two years as a condition of renewal.
18 V.S.A. § 7105 — VT Code / Title 18 / Chapter 171 / Section 7105
§ 7105. Arrest of eloped persons
Status: in_force

Any sheriff, deputy sheriff, constable, or officer of state or local police, and any officer or employee of any designated hospital or designated program may arrest any person who has eloped from a designated hospital or designated program and return such person.
18 V.S.A. § 153 — VT Code / Title 18 / Chapter 4 / Section 153
§ 153. Participation in program
Status: in_force

(a) Any health care facility diagnosing or providing treatment to patients with cancer shall report each case of cancer to the Commissioner or the Commissioner's authorized representative in a format prescribed by the Commissioner within 180 days after admission or diagnosis. If the facility fails to report in a format prescribed by the Commissioner, the Commissioner's authorized representative may enter the facility, obtain the information, and report it in the appropriate format. In these cases, the facility shall reimburse the Commissioner or the authorized representative for the cost of obtaining and reporting the information.

(b) Any health care provider diagnosing or providing treatment to patients with cancer shall report each cancer case to the Commissioner or the Commissioner's authorized representative within 180 days after diagnosis. Those cases diagnosed or treated at a Vermont facility or previously admitted to a Vermont facility for diagnosis or treatment of that instance of cancer are exceptions and do not need to be reported by the health care provider.

(c) All health care facilities and health care providers who provide diagnostic or treatment services to patients with cancer shall report to the Commissioner any further demographic, diagnostic, or treatment information requested by the Commissioner concerning any person now or formerly receiving services, diagnosed as having or having had a malignant tumor. Additionally, the Commissioner or his or her authorized representative shall have physical access to all records that would identify cases of cancer or would establish characteristics of the cancer, treatment of the cancer, or medical status of any identified patient with cancer. Willful failure to grant access to such records shall be punishable by a fine of up to $500.00 for each day access is refused. Any fines collected pursuant to this subsection shall be deposited in the General Fund.
18 V.S.A. § 1871 — VT Code / Title 18 / Chapter 42A / Section 1871
§ 1871. Patient's bill of rights for palliative care and pain management
Status: in_force

(a) A patient has the right to be informed of all evidence-based options for care and treatment, including palliative care, in order to make a fully informed patient choice.

(b) A patient with a terminal illness has the right to be informed by a clinician of all available options related to terminal care; to be able to request any, all, or none of these options; and to expect and receive supportive care for the specific option or options available.

(c) A patient with pain has the right to request or reject the use of any or all treatments in order to relieve his or her pain.

(d) A patient with a chronic condition has the right to competent and compassionate medical assistance in managing his or her physical and emotional symptoms.

(e) A pediatric patient with a serious or life-limiting illness or condition has the right to receive palliative care while seeking and undergoing potentially curative treatment.
18 V.S.A. § 5292 — VT Code / Title 18 / Chapter 113 / Section 5292
§ 5292. Statutory construction
Status: in_force

Nothing in this chapter shall be construed to authorize a physician or any other person to end a patient's life by lethal injection, mercy killing, or active euthanasia. Action taken in accordance with this chapter shall not be construed for any purpose to constitute suicide, assisted suicide, mercy killing, or homicide under the law. This section shall not be construed to conflict with section 1553 of the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, as amended by the Health Care and Education Reconciliation Act of 2010, Pub. L. No. 111-152.
18 V.S.A. § 2359 — VT Code / Title 18 / Chapter 53 / Section 2359
§ 2359. Rules [Effective January 1, 2027 or on effective date of rules]
Status: in_force

The Department of Health shall adopt rules in accordance with 3 V.S.A. chapter 25 as needed to carry out the purposes of this chapter. The rules shall be based on the national birth center standards published by the American Association of Birth Centers and shall, at a minimum, include provisions regarding:

(1) requirements for operating a birth center, including requirements for safety, sanitation, and health;

(2) obtaining, storing, and dispensing pharmaceuticals consistent with State and federal laws;

(3) requirements for notice to the Department of Health when there is a change in ownership of a birth center and any additional licensing requirements related to a change in ownership;

(4) the scope of services that may be provided at a birth center, including risk factors that preclude a patient from receiving labor and delivery services at a birth center;

(5) appropriate staffing for a birth center, including the types of licensed providers who may practice at a birth center;

(6) birth center complaint processes;

(7) birth center facility, equipment, and supply requirements, including requirements for the maintenance of safety, sanitation, and health;

(8) record retention and confidentiality;

(9) quality assurance and improvement;

(10) processes for the development, submission, approval, and implementation of corrective action plans;

(11) a requirement for written practice guidelines and policies that include procedures for transferring a patient to a hospital if circumstances warrant; and

(12)(A) requirements for written policies and procedures for collaboration with hospitals, other agencies and facilities, and individuals to provide services to patients as appropriate, including:

(i) laboratory and diagnostic services;

(ii) childbirth education and parenting education support services;

(iii) obstetric consultation services;

(iv) pediatric consultation services;

(v) transport services;

(vi) obstetric and newborn acute care in licensed hospitals; and

(vii) home health care services;

(B) a requirement that the policies and procedures established pursuant to subdivision (A) of this subdivision (12) are provided to the relevant service providers upon request; and

(C) a requirement that the birth center provide the health record of the patient or the newborn, or both, to the receiving service provider upon referral or transfer, in accordance with applicable privacy laws.
18 V.S.A. § 704 — VT Code / Title 18 / Chapter 13 / Section 704
§ 704. Medical home
Status: in_force

(a) Consistent with federal law to ensure federal financial participation, a health care professional providing a patient's medical home shall:

(1) provide comprehensive prevention and disease screening for his or her patients and managing his or her patients' chronic conditions by coordinating care;

(2) enable patients to have access to personal health information through a secure medium, such as through the Internet, consistent with federal health information technology standards;

(3) use a uniform assessment tool provided by the Blueprint in assessing a patient's health;

(4) collaborate with the community health teams, including by developing and implementing a comprehensive plan for participating patients;

(5) ensure access to a patient's medical records by the community health team members in a manner compliant with the Health Insurance Portability and Accountability Act; 12 V.S.A. § 1612; sections 1852, 7103, 9332, and 9351 of this title; and 21 V.S.A. § 516; and

(6) meet regularly with the community health team to ensure integration of a participating patient's care.

(b) A naturopathic physician licensed pursuant to 26 V.S.A. chapter 81 may serve as a patient's medical home.
18 V.S.A. § 9605 — VT Code / Title 18 / Chapter 229 / Section 9605
§ 9605. Confidentiality
Status: in_force

The Office of the Health Care Advocate shall maintain the confidentiality of information related to individuals using its services in accordance with all applicable State and federal laws, rules, regulations, and policies.
18 V.S.A. § 1767 — VT Code / Title 18 / Chapter 38 / Section 1767
§ 1767. Transfer of ownership of target housing; RRPM compliance
Status: in_force

(a) Prior to the time a purchase and sale agreement for target housing is executed, the seller shall provide the buyer with materials approved by the Commissioner, including a lead hazard brochure and materials on other lead hazards in housing. The seller shall also provide a disclosure form that shall include any lead-based paint inspection or risk assessment report or letter of exemption, assurance of discontinuance, administrative order, or court order the terms of which are not completed and, if the property is rental target housing, verification that the RRPM was utilized pursuant to this chapter and that a current RRPM compliance statement has been filed with the Department.

(b) At the time of purchase of target housing, sellers and other transferors shall provide the buyer or transferee with any materials delineated in subsection (a) of this section not previously disclosed and a lead-safe renovation practices packet approved by the Commissioner and shall disclose any lead-based paint inspection or risk assessment report or letter of exemption, assurance of discontinuance, administrative order, or court order not disclosed pursuant to subsection (a) of this section the terms of which are not completed.

(c) No sale of rental target housing, building, or unit may occur if the building or unit is currently the subject of an assurance of discontinuance, administrative order, or court order unless the assurance or order is amended in writing to transfer to the buyer or other transferee all remaining obligations under the assurance or order.

(d) Prior to the time of purchase of rental target housing, the real estate agents, sellers, and other transferors of title shall provide the buyer or transferee with information approved by the Commissioner explaining RRPM obligations.

(e) A buyer or other transferee of title of rental target housing shall at the time of sale or transfer of ownership, or both, disclose this transfer to the Department.

(f) A buyer or other transferee of title to rental target housing who has purchased or received a building or unit that is not in full compliance with section 1759 of this chapter shall bring the rental target housing into compliance with section 1759 of this chapter within 60 days after the closing. Within the 60-day period, the buyer or transferee may submit a written request for an extension of time for compliance, which the Commissioner may grant in writing for a stated period of time for good cause only. Failure to comply with this subsection shall result in an administrative penalty in accordance with section 1766 of this chapter.

(g) Noncompliance with this section shall not affect marketability of title.
18 V.S.A. § 5224 — VT Code / Title 18 / Chapter 107 / Section 5224
§ 5224. Disposition of remains; permits
Status: in_force

(a) Fetal remains shall be disposed of by burial, cremation, or natural organic reduction unless released to an educational institution for scientific purposes or disposed of by the hospital or as directed by the attending physician in a manner that will not create a public health hazard. Permission shall be obtained from one of the parents, if competent, for disposition in all cases where a funeral director is not involved. One copy of the fetal death report shall be printed in such manner that completion and signing by the physician or medical examiner shall constitute permission to make permanent disposition of the fetal remains.

(b) When a funeral director is involved or when the fetal remains are to be privately buried or disposed of by a disposition facility, the funeral director or other person taking charge of the remains shall obtain from the hospital or physician the disposition permit portion of the report and shall deliver it to the sexton or other person having care of the cemetery, tomb, vault, or disposition facility before burial or other disposition takes place. These permits shall be delivered each month to the clerk of the town in which burial or disposition took place, in the same manner as permits for burial of dead bodies; so also shall all other provisions of sections 5209-5216 of this title be applicable to fetal remains as are applicable to dead bodies.

(c) When disposition of fetal remains is by means other than those specified in subsection (b) of this section and a funeral director is not involved, the disposition permit copy of the report shall be completed by the appropriate official of the hospital or by the physician or other person in charge of disposition and sent to the Commissioner within 10 days after such disposition. These permits may be destroyed after five years.
18 V.S.A. § 503 — VT Code / Title 18 / Chapter 9 / Section 503
§ 503. Use of laboratory by people
Status: in_force

(a) The use of the laboratory, and all investigations mentioned in this chapter, except as otherwise provided, shall be available to the people of this State.

(b) Reasonable fees shall be charged to cover the cost of services provided if the service is not requested under the authority of the Commissioner of Health.

(c) Notwithstanding the provisions of 32 V.S.A. § 603, the Commissioner shall establish fees reasonably related to the cost of the laboratory services. The Commissioner shall have the discretion to change fee amounts or add new fees to respond to new laboratory testing requirements or improvements, except for fee increases charged to municipalities for testing public water systems and supplies and the fee for total coliform testing, which shall be not more than $14.00. In determining whether to exercise such discretion, the Commissioner shall consider such factors as newly identified public health needs, changes in technology or methodology that affect cost, changes in testing supply cost, and changes in sample numbers that affect testing costs. Fees collected under this section shall be credited to a special fund and shall be available to the Department to offset the cost of providing the services and shall be reported in accordance with 32 V.S.A. § 605.
18 V.S.A. § 9371 — VT Code / Title 18 / Chapter 220 / Section 9371
§ 9371. Principles for health care reform
Status: in_force

The General Assembly adopts the following principles as a framework for reforming health care in Vermont:

(1) The State of Vermont must ensure universal access to and coverage for high-quality, medically necessary health services for all Vermonters. Systemic barriers, such as cost, must not prevent people from accessing necessary health care. All Vermonters must receive affordable and appropriate health care at the appropriate time in the appropriate setting.

(2) Overall health care costs must be contained, and growth in health care spending in Vermont must balance the health care needs of the population with the ability to pay for such care.

(3) The health care system must be transparent in design, efficient in operation, and accountable to the people it serves. The State must ensure public participation in the design, implementation, evaluation, and accountability mechanisms of the health care system.

(4) Primary care must be preserved and enhanced so that Vermonters have care available to them, preferably within their own communities. The health care system must ensure that Vermonters have access to appropriate mental health care that meets standards of quality, access, and affordability equivalent to other components of health care as part of an integrated, holistic system of care. Other aspects of Vermont's health care infrastructure, including the educational and research missions of the State's academic medical center and other postsecondary educational institutions, the nonprofit missions of the community hospitals, and the critical access designation of rural hospitals, must be supported in such a way that all Vermonters, including those in rural areas, have access to necessary health services and that these health services are sustainable.

(5) Every Vermonter should be able to choose his or her health care providers.

(6) Vermonters should be aware of the costs of the health services they receive. Costs should be transparent and easy to understand.

(7) Individuals have a personal responsibility to maintain their own health and to use health resources wisely, and all individuals should have a financial stake in the health services they receive.

(8) The health care system must recognize the primacy of the relationship between patients and their health care practitioners, respecting the professional judgment of health care practitioners and the informed decisions of patients.

(9) Vermont's health delivery system must seek continuous improvement of health care quality and safety and of the health of the population and promote healthy lifestyles. The system therefore must be evaluated regularly for improvements in access, quality, and cost containment.

(10) Vermont's health care system must include mechanisms for containing all system costs and eliminating unnecessary expenditures, including by reducing administrative costs and by reducing costs that do not contribute to efficient, high-quality health services or improve health outcomes. Efforts to reduce overall health care costs should identify sources of excess cost growth.

(11) The financing of health care in Vermont must be sufficient, fair, predictable, transparent, sustainable, and shared equitably.

(12) The system must consider the effects of payment reform on individuals and on health care professionals and suppliers. It must enable health care professionals to provide, on a solvent basis, effective and efficient health services that are in the public interest.

(13) Vermont's health care system must operate as a partnership between consumers, employers, health care professionals, hospitals, and the State and federal government.

(14) State government must ensure that the health care system satisfies the principles expressed in this section.
18 V.S.A. § 1695 — VT Code / Title 18 / Chapter 33C / Section 1695
§ 1695. Penalties [Repealed effective January 1, 2026]
Status: in_force

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

(b) Nothing in this section shall be construed to preclude or supplant any other statutory or common law remedies.
18 V.S.A. § 4207 — VT Code / Title 18 / Chapter 84 / Section 4207
§ 4207. Certificates of approval
Status: in_force

(a) No hospital, laboratory, or nursing home, or any other person not provided for under section 4206 of this title, shall possess, administer, compound, use, or supply any regulated drug without having first obtained a certificate of approval from the Department of Health.

(b) The certificate of approval issued by the Department of Health in accordance with this section shall be effective only for the person and address and the type of regulated drug designated therein and shall be conspicuously displayed at the indicated place of business.

(c) The fee for a certificate of approval shall be $1.00, and for each renewal thereof, $1.00.

(d) Persons to whom certificates of approval have been issued shall thereafter apply annually to renew that certificate with the Department of Health. Application for renewal shall be made July 1 of each year. Failure to apply for renewal within 30 days after such date will subject the applicant to a penalty of $25.00 in addition to the renewal fee, to be collected by the Department upon any subsequent application for renewal.

(e) The State and a municipal corporation therein shall be exempted from payment of the fees required by this section.
18 V.S.A. § 36 — VT Code / Title 18 / Chapter 1 / Section 36
§ 36. Nurse Faculty 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) “Nurse faculty member” or “member of the nurse faculty” means an individual with a master's or doctoral degree that qualifies the individual to teach at a nursing school in this State.

(6) “Program” means the Nurse Faculty Forgivable Loan Program created under this section.

(b) The Nurse Faculty Forgivable Loan 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 member of the nurse faculty at a nursing school 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 an eligible school in a program that leads to a graduate degree in nursing;

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

(3) agree to work as a member of the nurse faculty at a nursing school in Vermont 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 (e) of this section if the individual fails to complete the period of service required in subdivision (3) of 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) If an eligible individual fails to serve as a nurse faculty member at a nursing school 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 reimbursement promissory note signed by the individual at the time of entering the Program.

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

(g) 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. § 8847 — VT Code / Title 18 / Chapter 206 / Section 8847
§ 8847. Discharge from commitment
Status: in_force

(a) A person committed under 13 V.S.A. § 4823 or this subchapter may be discharged as follows:

(1) by a Family Division Superior Court judge after review of an order of custody, care, and habilitation or an order of continued custody, care, and habilitation if the court finds that a person is not a person in need of custody, care, and habilitation or continued custody, care, and habilitation, respectively; or

(2) by administrative order of the Commissioner regarding an order of custody, care, and habilitation or an order of continued custody, care, and habilitation if the Commissioner determines that a person is no longer a person in need of custody, care, and habilitation or continued custody, care, and habilitation, respectively.

(b) A judicial or administrative order of discharge may be conditional or absolute.

(c)(1) When a person is under an order of commitment pursuant to 13 V.S.A. § 4823 or continued commitment pursuant to this subchapter, the Commissioner shall provide notice to the State's Attorney of the county where the prosecution originated or to the Office of the Attorney General if that Office prosecuted the case:

(A) at least 10 days prior to discharging a person from commitment or continued commitment;

(B) at least 10 days prior to the expiration of a commitment or continued commitment order if the Commissioner does not seek an order of continued custody, care, and habilitation; or

(C) any time that the person elopes from custody of the Commissioner and cannot be located, and there is reason to believe the person may be lost or poses a risk of harm to others.

(2) When the State's Attorney or Attorney General receives notice under subdivision (1) of this subsection, the Office shall provide notice of the action to any victim of the offense for which the person has been charged who has not opted out of receiving notice. A victim receiving notice pursuant to this subdivision has the right to submit a victim impact statement to the Family Division of the Superior Court in writing or through the State's Attorney's or Attorney General's Office.

(d) Whenever a person is subject to a judicial or administrative discharge from commitment, the Criminal Division of the Superior Court shall retain jurisdiction over the person's underlying charge and any orders holding the person without bail or concerning bail, and conditions of release shall remain in place. Those orders shall be placed on hold while a person is in the custody, care, and habilitation or continued custody, care, and habilitation of the Commissioner. When a person is discharged from the Commissioner's custody, care, and habilitation to a correctional facility, the custody of the Commissioner shall cease when the person enters the correctional facility.
18 V.S.A. § 4653 — VT Code / Title 18 / Chapter 91 / Section 4653
§ 4653. Federal compliance
Status: in_force

(a) On or before July 1, 2020, the Agency of Human Services shall submit a formal request to the Secretary of the U.S. Department of Health and Human Services for certification of the State's wholesale prescription drug importation program.

(b) The Agency of Human Services shall seek the appropriate federal approvals, waivers, exemptions, or agreements, or a combination thereof, as needed to enable all covered entities enrolled in or eligible for the federal 340B Drug Pricing Program to participate in the State's wholesale prescription drug importation program to the fullest extent possible without jeopardizing their eligibility for the 340B Program.
18 V.S.A. § 1334 — VT Code / Title 18 / Chapter 26 / Section 1334
§ 1334. Application fees
Status: in_force

(a) The Commissioner shall require the payment of certification and permit fees at the time of application. The Commissioner shall not process an application for which fees have not been paid. No person shall perform asbestos abatement without obtaining certification and a permit from the Commissioner.

(b) Certification and permit fees shall be:

(1) Certification fees

(2) Permit fees

(c) Fees collected under this section shall be credited to a special fund and shall be available to the Department to offset the costs of providing these services.
18 V.S.A. § 252 — VT Code / Title 18 / Chapter 6 / Section 252
§ 252. Health Equity Advisory Commission
Status: in_force

(a) Creation. There is created the Health Equity Advisory Commission to promote health equity and eradicate health disparities among Vermonters, including particularly those who are Black, Indigenous, and Persons of Color; individuals who are LGBTQ; and individuals with disabilities. The Advisory Commission shall amplify the voices of impacted communities regarding decisions made by the State that impact health equity, whether in the provision of health care services or as the result of social determinants of health. The Advisory Commission shall also provide strategic guidance on the development of the Office of Health Equity, including recommendations on the structure, responsibilities, and jurisdiction of such an office.

(b) Membership.

(1) The Advisory Commission shall be composed of the following members:

(A) the Executive Director of Racial Equity established pursuant to 3 V.S.A. § 5001 or designee;

(B) the Commissioner of Health or designee;

(C) the Commissioner of Mental Health or designee;

(D) the Commissioner of Disabilities, Aging, and Independent Living or designee;

(E) the Commissioner of Vermont Health Access or designee;

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

(G) the Commissioner of Housing and Community Development or designee;

(H) the Commissioner of Economic Development or designee;

(I) the Chief Performance Officer or designee;

(J) the Chief Prevention Officer or designee;

(K) a member, appointed by the Racial Justice Alliance;

(L) a member, appointed by the Rutland Area NAACP;

(M) a member, appointed by the Association of Africans Living in Vermont;

(N) a member, appointed by the Windham County Vermont NAACP;

(O) a member, appointed by the Pride Center of Vermont;

(P) a member, appointed by Outright Vermont;

(Q) a member, appointed by Migrant Justice;

(R) a member, appointed by Out in the Open;

(S) a member, appointed by Another Way Community Center;

(T) a member, appointed by Vermont Psychiatric Survivors;

(U) a member, appointed by the Vermont Center for Independent Living;

(V) a member, appointed by the Elnu Abenaki Tribe;

(W) a member, appointed by the Nulhegan Abenaki Tribe;

(X) a member, appointed by the Koasek Traditional Nation of Missiquoi;

(Y) a member, appointed by the Abenaki Nation of Missiquoi;

(Z) a member, appointed by the Vermont Commission on Native American Affairs;

(AA) a member, appointed by Green Mountain Self-Advocates;

(BB) a member, appointed by the Vermont Developmental Disabilities Council;

(CC) a member, appointed by Vermont Federation of Families for Children's Mental Health; and

(DD) any other members at large that the Advisory Commission deems necessary to appoint to carry out the functions of this section, including ensuring equitable representation and a balance between impacted communities, and that health care provider perspectives are represented, based on a majority vote of the members.

(2) The term of office of each appointed member shall be three years, with the exception that members at large shall each have a term of one year. Of the members first appointed, who are not designated as at-large members, 10 shall be appointed for a term of one year, 10 shall be appointed for a term of two years, and nine shall be appointed for a term of three years. Members shall hold office for the term of their appointments and until their successors have been appointed. All vacancies shall be filled for the balance of the unexpired term in the same manner as the original appointment. Members are eligible for reappointment.

(c) Powers and duties. The Advisory Commission shall:

(1) provide advice to the Department of Health and the General Assembly on the continued development of the Office of Health Equity, including on:

(A) the structure, responsibilities, and jurisdiction of the Office;

(B) how the Office shall be staffed;

(C) the populations served and specific issues addressed by the Office; and

(D) the duties of the Office, including how grant funds shall be managed and distributed;

(2) provide advice and make recommendations to the Office of Health Equity, Department of Health, and General Assembly once established, including input on:

(A) any rules or policies proposed by the Office of Health Equity or Department of Health;

(B) the awarding of grants and the development of programs and services;

(C) the needs, priorities, programs, and policies relating to the health of individuals who are Black, Indigenous, and Persons of Color; individuals who are LGBTQ; and individuals with disabilities; and

(D) any other issue on which the Office of Health Equity, Department of Health, or General Assembly requests assistance from the Advisory Commission;

(3) review, monitor, and advise all State agencies regarding the impact of current and emerging State policies, procedures, practices, laws, and rules on the health of individuals who are Black, Indigenous, and Persons of Color; individuals who are LGBTQ; and individuals with disabilities;

(4) identify and examine the limitations and problems associated with existing laws, rules, programs, and services related to the health status of individuals who are Black, Indigenous, and Persons of Color; individuals who are LGBTQ; and individuals with disabilities;

(5) advise the Department of Health and General Assembly on any funding decisions relating to eliminating health disparities and promoting health equity, including the distribution of federal monies related to COVID-19;

(6) to the extent funds are available for the purpose, distribute grants that stimulate the development of community-based and neighborhood-based projects that will improve the health outcomes of individuals who are Black, Indigenous, and Persons of Color; individuals who are LGBTQ; and individuals with disabilities; and

(7) advise the General Assembly on efforts to improve cultural competency, cultural humility, and antiracism in the health care system through training and continuing education requirements for health care providers and other clinical professionals.

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

(e) Report. Annually, on or before January 15, the Advisory Commission shall submit a written report to the Senate Committee on Health and Welfare and to the House Committees on Health Care and on Human Services with its findings and any recommendations for legislative action. The Advisory Commission is encouraged to base recommendations on the data collected and analysis completed pursuant to section 253 of this title.

(f) Meetings.

(1) The Advisory Commission shall select a chair and vice chair at its first meeting and annually thereafter.

(2) The Advisory Commission shall adopt procedures to govern its proceedings, including voting procedures and how the staggered terms shall be apportioned among members.

(3) All meetings of the Advisory Commission and any subcommittees of the Advisory Commission shall be open to the public with opportunities for public comment provided on a regular basis.

(g) Acceptance of grants and other contributions. The Advisory Commission may accept from any governmental department or agency, public or private body, or any other source grants or contributions to be used in carrying out its responsibilities under this chapter.

(h) Compensation and reimbursement. Appointed members of the Advisory Commission shall be entitled to per diem compensation and reimbursement of expenses as permitted under 32 V.S.A. § 1010 for meetings. These payments shall be made from monies appropriated to the Department of Health.
18 V.S.A. § 9408 — VT Code / Title 18 / Chapter 221 / Section 9408
§ 9408. Common claims forms and procedures
Status: in_force

Not later than January 15, 1993, the Commissioner shall adopt by rule uniform health insurance claims forms and uniform standards and procedures for the processing of claims, including electronic claims forms submission.
18 V.S.A. § 4242 — VT Code / Title 18 / Chapter 84 / Section 4242
§ 4242. Seizure
Status: in_force

(a) The court may issue at the request of the State ex parte a preliminary order or process to seize or secure property for which forfeiture is sought and to provide for its custody. Process for seizure of such property shall issue only upon a showing of probable cause that the property is subject to forfeiture. Application therefor and issuance, execution, and return shall be subject to provisions of applicable law.

(b) Any property subject to forfeiture under this subchapter may be seized upon process. Seizure without process may be made when:

(1) the seizure is incident to an arrest with probable cause or a search under a valid search warrant;

(2) the property subject to seizure has been the subject of a prior judgment in favor of the State in a forfeiture proceeding under this subchapter; or

(3) the seizure is incident to a valid warrantless search.

(c) If property is seized without process under subdivision (b)(1) or (3) of this section, the State shall forthwith petition the court for a preliminary order or process under subsection (a) of this section.

(d) Notwithstanding subsection 4241(b) of this title, all regulated drugs the possession of which is prohibited under this chapter are contraband and shall be automatically forfeited to the State and destroyed.
18 V.S.A. § 1124 — VT Code / Title 18 / Chapter 21 / Section 1124
§ 1124. Access to and reporting of immunization records
Status: in_force

(a) In addition to any data collected in accordance with the requirements of the Centers for Disease Control and Prevention, the Department shall annually collect from schools the immunization rates for at least those students in the first and eighth grades for each required vaccine. The data collected by the Department shall include the number of medical and religious exemptions filed for each required vaccine and the number of students with a provisional admittance.

(b) Appropriate health personnel, including school nurses, shall have access to immunization records of anyone enrolled in Vermont schools or child care facilities, when access is required in the performance of official duties related to the immunizations required by this subchapter. Access to student immunization records shall only be provided with the prior written consent of parents and students as required by the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, and any regulations adopted pursuant to 20 U.S.C. § 1232g.
18 V.S.A. § 8912 — VT Code / Title 18 / Chapter 207 / Section 8912
§ 8912. Contracts with nondesignated agencies
Status: in_force

The Commissioners may enter into agreements with local community mental health and developmental disability agencies or with any public or private agency for the purpose of establishing specialized services that are needed by persons with a mental condition or psychiatric disability or with developmental disabilities or children and adolescents with a severe emotional disturbance and are not available from designated community mental health agencies.
18 V.S.A. § 123 — VT Code / Title 18 / Chapter 3 / Section 123
§ 123. Revocation of permits
Status: in_force

(a) The Commissioner may, after notice and opportunity for hearing, revoke, modify, or suspend any permit issued pursuant to the Commissioner's authority under this title if the Commissioner finds that:

(1) the permit holder submitted materially false or inaccurate information;

(2) the permit holder has violated any material requirement, restriction, or condition of any permit, rule, statute, or order; or

(3) there is a change in any condition that requires either a temporary or permanent restriction, limitation, or elimination of the permitted use.

(b) Revocation shall be effective upon actual notice thereof to the permit holder or permit holder's designated agent.
18 V.S.A. § 9392 — VT Code / Title 18 / Chapter 220 / Section 9392
§ 9392. Qualifications for nominees
Status: in_force

The Green Mountain Care Board Nominating Committee shall assess candidates using the following criteria:

(1) commitment to the principles expressed in section 9371 of this title;

(2) knowledge of or expertise in health care policy, health care delivery, or health care financing, and openness to alternative approaches to health care;

(3) possession of desirable personal characteristics, including integrity, impartiality, health, empathy, experience, diligence, neutrality, administrative and communication skills, social consciousness, public service, and regard for the public good;

(4) knowledge, expertise, and characteristics that complement those of the remaining members of the Board;

(5) impartiality and the ability to remain free from undue influence by a personal, business, or professional relationship with any person subject to supervision or regulation by the Board.
18 V.S.A. § 1814 — VT Code / Title 18 / Chapter 41 / Section 1814
§ 1814. Hospital and Medical Facilities Construction Fund
Status: in_force

The Department is hereby authorized to receive federal funds in behalf of, and transmit them to, such applicants. There is hereby established, separate and apart from all public monies and funds of this State, the Hospital and Medical Facilities Construction Fund. Money received from the federal government for a construction project approved by the Secretary of Health and Human Services shall be deposited to the credit of this Fund and shall be used solely for payments due applicants for work performed, or purchases made, in carrying out approved projects. Warrants for all payments for the Hospital and Medical Facilities Construction Fund shall bear the signature of the Commissioner or the duly authorized agent of the Department for such purpose.
18 V.S.A. § 4654 — VT Code / Title 18 / Chapter 91 / Section 4654
§ 4654. Program financing
Status: in_force

The Agency of Human Services shall not implement the wholesale prescription drug importation program until the General Assembly enacts legislation establishing a charge per prescription or another method of financial support for the program.
18 V.S.A. § 4281 — VT Code / Title 18 / Chapter 84A / Section 4281
§ 4281. Legislative intent
Status: in_force

The General Assembly recognizes the important public health benefits of the legal medical use of controlled substances and also the significant risk to public health that can arise due to the abuse of those substances. It is the intent of this chapter to create the Vermont Prescription Monitoring System, which will provide an electronic database and reporting system for electronic monitoring of prescriptions for Schedules II, III, and IV controlled substances, as defined in 21 C.F.R. Part 1308, as amended and as may be amended, to promote the public health through enhanced opportunities for treatment for and prevention of abuse of controlled substances, without interfering with the legal medical use of those substances.
18 V.S.A. § 5228 — VT Code / Title 18 / Chapter 107 / Section 5228
§ 5228. Forfeiture
Status: in_force

An individual recognized under section 5227 of this title to have a right of disposition shall forfeit that right in the following circumstances:

(1) the individual is identified by a law enforcement agency as a person of interest and likely to be prosecuted or is under prosecution for first or second degree murder or voluntary manslaughter in connection with the decedent's death, if the status of the investigation or the prosecution is known to the funeral director or disposition facility operator, except that if the prosecution is not pursued or the individual is acquitted of the alleged crime before the remains are disposed of, the individual shall regain the right;

(2) the individual does not exercise the right of disposition within three days after notification of the death or within five days after the decedent's time of death, whichever is earlier;

(3) the Probate Division of the Superior Court pursuant to section 5231 of this title determines that the individual entitled to the right of disposition and the decedent were estranged at the time of death; or

(4) as otherwise ordered by the Probate Division of the Superior Court.
18 V.S.A. § 8712 — VT Code / Title 18 / Chapter 204 / Section 8712
§ 8712. Findings; order
Status: in_force

(a) The court shall prepare written findings of fact and state separately its conclusions of law in all cases.

(b) If upon completion of the hearing and consideration of the record, the court finds that the person with an intellectual disability is competent to give informed consent and no such consent has been given, no sterilization may be ordered.

(c) If upon completion of the hearing and consideration of the record, the court finds that the person is incompetent to consent and that the sterilization is in the best interests of the person, it shall order that an involuntary sterilization may be performed.
18 V.S.A. § 7615 — VT Code / Title 18 / Chapter 181 / Section 7615
§ 7615. Hearing on application for involuntary treatment
Status: in_force

(a)(1) Upon receipt of the application, the court shall set a date for the hearing to be held within 10 days from the date of the receipt of the application or 20 days from the date of the receipt of the application if a psychiatric examination is ordered under section 7614 of this title unless the hearing is continued by the court pursuant to subsection (b) of this section.

(2)(A) The applicant or a person who is certified as a person in need of treatment pursuant to section 7508 of this title may file a motion to expedite the hearing. The motion shall be supported by an affidavit, and the court shall rule on the motion on the basis of the filings without holding a hearing. The court:

(i) shall grant the motion if it finds that the person demonstrates a significant risk of causing the person or others serious bodily injury as defined in 13 V.S.A. § 1021 even while hospitalized, and clinical interventions have failed to address the risk of harm to the person or others;

(ii) may grant the motion if it finds that the person has received involuntary medication pursuant to section 7624 of this title during the past two years and, based upon the person's response to previous and ongoing treatment, there is good cause to believe that additional time will not result in the person establishing a therapeutic relationship with providers or regaining competence.

(B) If the court grants the motion for expedited hearing pursuant to this subdivision, the hearing shall be held within 10 days from the date of the order for expedited hearing.

(3) If a hearing on the application for involuntary treatment has not occurred within 60 days from the date of the court's receipt of the application, the Commissioner shall request that the court and both parties' attorneys provide the reasons for the delay. The Commissioner shall submit a report to the court, the Secretary of Human Services, and the patient's attorney that either explains why the delay was warranted or makes recommendations as to how delays of this type can be avoided in the future.

(b)(1) For hearings held pursuant to subdivision (a)(1) of this section, the court may grant each party a onetime extension of up to seven days for good cause.

(2) The court may grant one or more additional seven-day continuances if:

(A) the court finds that the proceeding or parties would be substantially prejudiced without a continuance; or

(B) the parties stipulate to the continuance.

(c) The hearing shall be conducted according to the Vermont Rules of Evidence, and to an extent not inconsistent with this part, the Vermont Rules of Civil Procedure shall be applicable.

(d) The applicant and the proposed patient shall have a right to appear at the hearing to testify. The attorney for the State and the proposed patient shall have the right to subpoena, present, and cross-examine witnesses, and present oral arguments. The court may, at its discretion, receive the testimony of any other person.

(e) The proposed patient may at his or her election attend the hearing, subject to reasonable rules of conduct, and the court may exclude all persons, except a peer or other support person designated by the proposed patient, not necessary for the conduct of the hearing.
18 V.S.A. § 9402 — VT Code / Title 18 / Chapter 221 / Section 9402
§ 9402. Definitions
Status: repealed

As used in this chapter, unless otherwise indicated:

(1) “Commissioner” means the Commissioner of Financial Regulation or the Commissioner's designee.

(2) “Community report” means the hospital report prepared under section 9405a of this title.

(3) “Department” means the Department of Financial Regulation.

(4) [Repealed.]

(5) “Expenditure analysis” means the expenditure analysis developed pursuant to section 9383 of this title.

(6) “Health care facility” means all institutions, whether public or private, proprietary or nonprofit, that offer diagnosis, treatment, inpatient, or ambulatory care to two or more unrelated persons, and the buildings in which those services are offered. The term shall not apply to any facility operated by religious groups relying solely on spiritual means through prayer or healing but includes all institutions included in subdivision 9432(8) of this title, except health maintenance organizations.

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

(8) “Health insurer” means any health insurance company, nonprofit hospital and medical service corporation, managed care organizations, and, to the extent permitted under federal law, any administrator of an insured, self-insured, or publicly funded health care benefit plan offered by public and private entities.

(9) “Health maintenance organization” means any person certified to operate a health maintenance organization by the Commissioner pursuant to 8 V.S.A. chapter 139.

(10) “Health Resource Allocation Plan” means the plan published by the Green Mountain Care Board in accordance with subsection 9405(b) of this title.

(11) “Home health agency” means a for-profit or nonprofit health care facility providing part-time or intermittent skilled nursing services and at least one of the following other therapeutic services made available on a visiting basis, in a place of residence used as a patient's home: physical, speech, or occupational therapy; medical social services; home health aide services; or other non-nursing therapeutic services, including the services of nutritionists, dieticians, psychologists, and licensed mental health counselors.

(12) “Home health services” means activities and functions of a home health agency, including nurses, home health aides, physical therapists, occupational therapists, speech therapists, medical social workers, or other non-nursing therapeutic services directly related to care, treatment, or diagnosis of patients in the home.

(13) “Hospital” means an acute care hospital licensed under chapter 43 of this title.

(14) “Managed care organization” means any financing mechanism or system that manages health care delivery for its members or subscribers, including health maintenance organizations and any other similar health care delivery system or organization.

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

(16) “State Health Improvement Plan” means the plan developed under section 9405 of this title.

(17) “Green Mountain Care Board” or “Board” means the Green Mountain Care Board established in chapter 220 of this title.
18 V.S.A. § 4228 — VT Code / Title 18 / Chapter 84 / Section 4228
§ 4228. Unlawful manufacture, distribution, dispensing, or sale of a noncontrolled drug or substance
Status: in_force

(a) It is unlawful for any person to knowingly dispense, manufacture, process, package, distribute, or sell or attempt to dispense, manufacture, process, package, distribute, or sell a noncontrolled drug or substance upon either:

(1) the express or implied representation that the drug or substance is a controlled drug; or

(2) the express or implied representation that the drug or substance is of such nature or appearance that the dispensee or purchaser will be able to dispense or sell the drug or substance as a controlled drug.

(b) For the purposes of this section, a “controlled” drug or substance shall mean those drugs or substances listed under Schedules I through V in the federal Controlled Substances Act, 21 U.S.C. § 801 et seq. as amended.

(c) In determining whether there has been a violation of subsection (a) of this section, the following factors shall be considered:

(1) whether the physical appearance of the package or container containing the noncontrolled drug or substance is substantially similar to the physical appearance of packages and containers regularly used in the dispensing or sale of controlled drugs or substances;

(2) whether the dispensing or sale or attempted dispensing or sale included an exchange or demand for money or other valuable property as consideration for the noncontrolled drug or substance and the amount of such consideration was substantially in excess of the reasonable value of the noncontrolled drug or substance;

(3) whether the overall physical appearance of the capsule, tablet, or other finished product containing the noncontrolled drug or substance is substantially similar in size, shape, color, and markings to the physical appearance of a capsule, tablet, or other finished product containing a specific controlled drug or substance.

(d) The provisions of this section shall not be applicable to:

(1) law enforcement officers acting in the course and legitimate scope of their employment;

(2) persons who dispense, manufacture, process, package, distribute, or sell noncontrolled substances to licensed medical practitioners for use as placebos in the course of professional practice or research or for use in FDA-approved investigational new drug trials;

(3) licensed medical practitioners, pharmacists, and other persons authorized to dispense or administer controlled substances and acting in the legitimate performance of their professional license.

(e) In any prosecution under this section, it is no defense that the accused believed the noncontrolled drug or substance to actually be a controlled drug or substance.

(f) A person convicted of violating this section shall be subject to imprisonment for a term of up to one year or a fine of up to $5,000.00, or both. If the violation of this section involves dispensing, distributing, or selling to a person under the age of 21, the person shall be subject to a term of imprisonment of not more than two years or fined up to $10,000.00, or both.
18 V.S.A. § 1512 — VT Code / Title 18 / Chapter 29 / Section 1512
§ 1512. Bisphenol A
Status: in_force

(a) As used in this section:

(1) “Baby food” means a prepared solid food consisting of a soft paste or an easily chewed food that is intended for consumption by children two years of age or younger and that is commercially available.

(2) “Bisphenol A” means an industrial chemical used primarily in the manufacture of polycarbonate plastic and epoxy resins.

(3) “Infant formula” means a milk-based or soy-based powder, concentrated liquid, or ready-to-feed substitute for human breast milk that is intended for infant consumption and that is commercially available.

(4) “Reusable food or beverage container” means a receptacle for storing food or beverages, including baby bottles, spill-proof cups, sports bottles, and thermoses. The term does not include food or beverage containers intended for disposal after initial usage. The term shall not include commercial water cooler jugs.

(b) Beginning July 1, 2012, no person or entity shall manufacture, sell, or distribute in commerce in this State any reusable food or beverage container containing bisphenol A.

(c)(1) Beginning July 1, 2012, no person or entity shall manufacture, sell, or distribute in commerce in this State any infant formula or baby food stored in a plastic container or jar that contains bisphenol A.

(2) Beginning July 1, 2014, no person or entity shall manufacture, sell, or distribute in commerce in this State any infant formula or baby food stored in a can that contains bisphenol A.

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

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

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

(g) A violation of this section shall be deemed a violation of the Consumer Protection Act, 9 V.S.A. chapter 63. The Attorney General has the same authority to make rules, conduct civil investigations, enter into assurances of discontinuance, and bring civil actions, and private parties have the same rights and remedies, as provided under 9 V.S.A. chapter 63, subchapter 1.
18 V.S.A. § 4478 — VT Code / Title 18 / Chapter 89 / Section 4478
§ 4478. Needle exchange programs
Status: in_force

The Department of Health, in consultation with community stakeholders, shall develop operating guidelines for needle exchange programs. If a program complies with such operating guidelines and with existing laws and rules, it shall be approved by the Commissioner of Health. A needle exchange program may apply to be an overdose prevention center pursuant to section 4256 of this title.
18 V.S.A. § 1918 — VT Code / Title 18 / Chapter 43A / Section 1918
§ 1918. Enforcement
Status: in_force

(a) If the Commissioner determines that a hospital has failed to comply with any of the provisions of this chapter, the Commissioner may sanction the hospital as provided in this title. In evaluating compliance, the Commissioner shall place primary emphasis on assuring good faith compliance and effective corrective action by the facility, reserving punitive enforcement or disciplinary action for those cases in which the facility has displayed recklessness, gross negligence, or willful misconduct or in which there is evidence, based on other similar cases known to the Department, the Agency of Human Services, or the Office of the Attorney General, of a pattern of significant substandard performance that has the potential for or has actually resulted in harm to patients.

(b) After notice and an opportunity for hearing, the Commissioner may impose on a hospital that knowingly violates a provision of this chapter or a rule or order adopted pursuant to this chapter a civil administrative penalty of not more than $10,000.00 or, in the case of a continuing violation, a civil administrative penalty of not more than $100,000.00 or one-tenth of one percent of the gross annual revenues of the health care facility, whichever is greater. A hospital aggrieved by a decision of the Commissioner under this section may appeal the Commissioner's decision pursuant to section 128 of this title.
18 V.S.A. § 9712 — VT Code / Title 18 / Chapter 231 / Section 9712
§ 9712. Obligations of funeral directors, crematory operators, cemetery officials, procurement organizations, and individuals appointed to arrange for the disposition of the principal's remains
Status: in_force

(a) An individual appointed to arrange for the disposition of the principal's remains shall make those decisions based upon the principal's specific instructions contained in an advance directive or pre-need contract entered into with a funeral director, crematory operator, or cemetery official, or, if there are no such instructions, in accordance with the principal's wishes expressed orally or the knowledge of the agent or guardian of the principal's values or religious or moral beliefs.

(b) Any funeral director, crematory operator, or cemetery official having knowledge of a principal's advance directive shall follow the advance directive and any instructions of the individual appointed in an advance directive to arrange for the disposition of the principal's remains, except:

(1) if any instruction would cause the director, operator, or official to violate the standards of professional conduct required by a professional licensing board or agency or any criminal law, the director, operator, or official shall notify the individual appointed that the director, operator, or official cannot follow the instruction; or

(2) if the principal's estate is without sufficient funds to dispose of the remains or provide funeral goods and services in accordance with the advance directive, the disposition shall occur in a manner approximating the principal's wishes to the extent it is financially possible.

(c) Any procurement organization having knowledge of a principal's advance directive shall follow the advance directive and any instructions of the individual appointed in the advance directive to arrange for the recovery of the principal's anatomical gifts unless the procurement organization determines such gifts are unsuitable for the purposes for which they are made or if recovery of such gifts would cause the procurement organization to violate standards of professional conduct or any applicable regulation or law.

(d) Every funeral director, crematory operator, cemetery official, and procurement organization shall develop systems:

(1) to ensure that a principal's advance directive is promptly available when services are to be provided, including that the existence of an advance directive is prominently noted on any file jacket or folder, and that a note is entered into any electronic database of the director, operator, official, or organization; and

(2) within 120 days after the Commissioner's announcing the availability of the registry, to ensure that the director, operator, official, or organization checks the registry at the time services are to be provided to determine whether the decedent has an advance directive.

(e) In the event the principal's instructions in an advance directive regarding disposition of remains or for funeral goods and services are in apparent conflict with a contract entered into by the principal for the disposition of remains, funeral goods, or services, the most recent document created by the principal shall be followed to the extent of the conflict. Nothing in this subsection shall be construed as limiting any other available remedies.
18 V.S.A. § 5216 — VT Code / Title 18 / Chapter 107 / Section 5216
§ 5216. Penalty
Status: in_force

A sexton or other person having charge of a cemetery, tomb, or receiving vault who violates a provision of sections 5214 and 5215 of this title shall be fined not more than $500.00 nor less than $20.00.
18 V.S.A. § 9705 — VT Code / Title 18 / Chapter 231 / Section 9705
§ 9705. Duty to deliver
Status: in_force

An individual possessing a duly executed advance directive to whom it becomes known that the terms of the advance directive may be applicable shall deliver the advance directive to the principal's clinician, other health care provider, health care facility, or residential care facility, unless the individual knows that another copy has previously been delivered and is available.
18 V.S.A. § 4210 — VT Code / Title 18 / Chapter 84 / Section 4210
§ 4210. Authorized sales on written orders, records
Status: in_force

(a) Every physician, dentist, veterinarian, or other person who is licensed to administer, sell, dispense, or professionally use regulated drugs shall keep a record of such drugs received by him or her and a record of all such drugs administered, dispensed, or professionally used by him or her otherwise than by prescription, in accordance with subsection (d) of this section. It shall, however, be deemed a sufficient compliance with this subsection if any such person using small quantities of solutions or other preparations of such drugs for local application shall keep a record of the quantity, character, and potency of such solutions or other preparations purchased or made up by him or her, and of the dates when purchased or made up, without keeping a record of the amount of such solution or other preparation applied by him or her to individual patients.

(b) Manufacturers and wholesalers shall keep records of all regulated drugs compounded, mixed, cultivated, grown, or by any other process produced or prepared, and of all such drugs received and disposed of by them in accordance with the provisions of subsection (d) of this section.

(c) Every person who purchases for resale, or who sells preparations or regulated drugs exempted by regulation adopted under section 4204 of this title, shall keep a record showing the quantities and kinds thereof received and sold, or disposed of otherwise, in accordance with the provisions of subsection (d) of this section.

(d) The form and content of the records to be maintained under this section shall be prescribed by rule adopted by the Department of Health, after prior written notice to the Board of Pharmacy and after the Board of Pharmacy has had an opportunity to advise the Department of Health with respect to the form and substance of that rule and to recommend revisions thereof. The record of regulated drugs received shall in every case show the date of receipt, the name and address of the person from whom received, and the kind and quantity of drugs received, the kind and quantity of such drugs produced or removed from process of manufacture, and the date of such production or removal from process of manufacturer, and such other facts as the Department of Health may require. The record of all such drugs sold, administered, dispensed, or otherwise disposed of shall show the date of selling, administering, or dispensing, the name and address of the person to whom, or for whose use, or the owner and species of animal for which the drugs were sold, administered, or dispensed, and the kind and quantity of drugs and shall be signed by the person giving such order or the person's duly authorized agent. Every such record shall be kept for a period of three years from the date of the transaction recorded, and shall be subject to inspection by a federal officer or an officer of this State or an agent thereof specifically authorized engaged in the enforcement of the federal drug laws or of this chapter. The keeping of a record required by or under the federal drug laws, containing substantially the same information as is specified above, shall constitute compliance with this section, except that every such record shall contain a detailed list of such drugs lost, destroyed, or stolen, if any, the kind and quantity of such drugs, and the date of the discovery of such loss, destruction, or theft.
18 V.S.A. § 4608 — VT Code / Title 18 / Chapter 91 / Section 4608
§ 4608. Liability
Status: in_force

(a) Nothing in this chapter shall affect a licensed hospital with the development and maintenance of a hospital formulary system in accordance with that institution's policies and procedures that pertain to its drug distribution system developed by the medical staff in cooperation with the hospital's pharmacist and administration.

(b) The substitution of a generic drug or interchangeable biological product by a pharmacist under the provisions of this chapter does not constitute the practice of medicine.
18 V.S.A. § 4288 — VT Code / Title 18 / Chapter 84A / Section 4288
§ 4288. Reciprocal agreements
Status: in_force

The Department of Health may enter into reciprocal agreements with other states that have prescription monitoring programs so long as access under such agreement is consistent with the privacy, security, and disclosure protections in this chapter.
18 V.S.A. § 5217 — VT Code / Title 18 / Chapter 107 / Section 5217
§ 5217. Removal of marked historic remains
Status: in_force

(a) As used in this section:

(1) “Historic remains” means remains of a human being who has been deceased for 100 years or more, and the remains are marked and located in a publicly known or marked burial ground or cemetery.

(2) “Public good” means actions that will benefit the municipality and the property where the remains are located.

(3) “Remains” means cremated human remains that are in a container or the bodily remains of a human being.

(4) “Removal” means the transporting of human remains from one location to another premises.

(b) A person may apply for a removal permit to disinter or remove historic remains by filing an application with the clerk for the municipality in which the historic remains are located. The application shall include all the following:

(1) Identification of the specific location and marking of the remains.

(2) Identification of the specific location in which the remains will be reburied.

(3) The reasons for removal of the remains, including a statement of the public good that will result from the removal.

(c) An applicant for a removal permit shall send notice by first-class mail to all the following:

(1) The cemetery commissioner or other municipal authority responsible for cemeteries in the municipality in which the historic remains are located.

(2) All historical societies located within the municipality in which the historic remains are located.

(3) Any descendant known to the applicant. The applicant shall contact the Vermont Historical Society, the Vermont Old Cemetery Association, the Vermont Cemetery Association, and any veterans' organization operating within the county in which the historic remains are located in order to ascertain the whereabouts of any known descendants.

(4) The State Archeologist.

(d) A cemetery commissioner or municipal authority responsible for cemeteries, a historical society, a descendant, or the State Archeologist may file an objection to the proposed removal of historic remains with the Probate Court in the district in which the historic remains are located and with the clerks of the municipality in which the historic remains are located within 30 days after the date the notice was mailed.

(e) If no objection is received within 30 days after the date the notice was last published as required by subsection (c) of this section, the municipal clerk shall issue a removal permit.

(f) If the Probate Court receives an objection within the 30-day period, the court shall notify the clerk for the municipality in which the historic remains are located and schedule a hearing on whether to allow removal as described in the application.

(g) The Probate Court, after hearing, shall order the municipal clerk to grant or deny a permit for removal of the historic remains. The court shall consider the impact of the removal on the public good.

(h) The permit shall require that all remains, markers, and relevant funeral-related materials associated with the burial site be removed, and the permit may require that the removal be conducted or supervised by a qualified professional archeologist in compliance with standard archeological process. All costs associated with the removal shall be paid by the applicant.
18 V.S.A. § 5219 — VT Code / Title 18 / Chapter 107 / Section 5219
§ 5219. Persons missing and presumed dead; issuance of presumptive death certificate
Status: in_force

(a) On application of a spouse, parent, child, or other near relative, the Probate Division of the Superior Court may direct the Chief Medical Examiner to complete and sign a certificate of presumed death of a person who was a resident of the probate district and who has been absent for a continuous period of five years during which, after diligent search, the person has not been heard of or from or seen and whose absence has not been satisfactorily explained.

(b) On application of a spouse, parent, child, or other near relative, the Superior Court may direct the Chief Medical Examiner to complete and sign a certificate of presumed death of a person who has been exposed to a specific peril of death and after diligent search, has not been heard of or from or seen.
18 V.S.A. § 1760 — VT Code / Title 18 / Chapter 38 / Section 1760
§ 1760. Presumption of lead-based paint; prohibited and unsafe work practices
Status: in_force

(a) All paint in target housing, child-occupied facilities, and pre-1978 public facilities, commercial facilities, and bridges or other superstructures is presumed to be lead-based unless the component affected by the RRPM activity is exempt pursuant to subsection (c) of this section. Unsafe work practices are prohibited and include the following, unless specifically authorized by the Department:

(1) Removing lead-based paint by:

(A) open flame burning or torching;

(B) use of heat guns operated above 1,100 degrees Fahrenheit;

(C) dry scraping or dry sanding;

(D) powered tools;

(E) hydro-blasting or high-pressure washing;

(F) abrasive blasting or sandblasting; and

(G) chemical stripping.

(2) Failing to employ one or more of the lead-safe work practice standards that the Commissioner shall adopt by rule.

(b) A person shall not use unsafe work practices in target housing, child-occupied facilities, pre-1978 public facilities, commercial facilities, and bridges or other superstructures.

(c) A component is exempt from this section if a written inspection report by a licensed lead-based paint inspector or lead-based paint inspector-risk assessor states that the component affected by an RRPM activity is free of lead-based paint and the owner or firm, or both, conducting the activity has been provided with a copy of the report. Removal of all paint from a component does not exempt the component from the requirements of this section.
18 V.S.A. § 7401 — VT Code / Title 18 / Chapter 177 / Section 7401
§ 7401. Powers and duties
Status: in_force

Except insofar as this part of this title specifically confers certain powers, duties, and functions upon others, the Commissioner shall be charged with its administration. The Commissioner may:

(1) With the approval of the Governor, organize the Agency, including the creation, rearrangement, and abolition of divisions and lesser units and control and coordinate services as to most efficiently carry out the purposes of this part.

(2) Adopt, amend, and repeal and enforce rules not inconsistent with this part as are reasonably necessary for its operation.

(3) Designate, control, and supervise the property, affairs, and operation of hospitals and institutions equipped and otherwise qualified to provide inpatient care and treatment for individuals who are mentally ill.

(4) Supervise the operation of community mental health units.

(5) Supervise the care and treatment of individuals within his or her custody.

(6) Provide for the hospitalization of mentally ill patients in designated hospitals or institutions of Vermont or negotiate and enter into contracts that shall incorporate safeguards consistent with this part of this title, with any hospital or institution for the care and treatment of patients in any other state.

(7) Prescribe the form of applications, records, reports, and medical certificates required by the statutes and the information to be contained therein and supply them to physicians and the Probate Division of the Superior Courts.

(8) Require reports from the head of a hospital or other institution concerning the care of patients.

(9) Visit each hospital or institution and review methods of care for all patients.

(10) Investigate complaints made by a patient, his or her attorney, or an interested party on his or her behalf.

(11) Establish rates, charges, and fees for the care of patients in hospitals and determine ability to pay, liability for payments, and amounts to be paid and bill for and collect those amounts with the aid of the Attorney General.

(12) Receive gifts and bequests of real and personal estate made for the use and benefit of any State hospital and invest any monies so received in safe, interest-bearing securities in the corporate name of the hospital.

(13) Delegate to any officer or agency of Vermont any of the duties and powers imposed upon him or her by this part of this title. The delegation of authority and responsibility shall not relieve the Commissioner of accountability for the proper administration of this part of this title.

(14) Plan and coordinate the development of community services that are needed to assist children and adolescents with or at risk for a severe emotional disturbance and individuals with a mental condition or psychiatric disability to become as financially and socially independent as possible. These services shall consist of residential, vocational, rehabilitative, day treatment, inpatient, outpatient, and emergency services, as well as client assessment, prevention, family, and individual support services, and such other services as may be required by federal law or regulations.

(15) Contract with community mental health centers to ensure that children and adolescents with or at risk for a severe emotional disturbance or individuals with a mental condition or psychiatric disability can receive information, referral, and assistance in obtaining those community services that they need and to which they are lawfully entitled.

(16) Contract with accredited educational or health care institutions for psychiatric services at the Vermont State Hospital or its successor in interest.

(17) Ensure the provision of services to children and adolescents with or at risk for a severe emotional disturbance in coordination with the Secretary of Education and the Commissioner for Children and Families in accordance with the provisions of 33 V.S.A. chapter 43.

(18) Ensure the development of community-based prevention and early intervention services for children and adults and ensure the coordination of these services throughout all parts of the public and private health care delivery systems.

(19) Ensure the development of chronic care services, addressing mental health and substance abuse, for children and adults and ensure the coordination of these services with other chronic care initiatives, including the Blueprint for Health, and the care coordination and case management programs of the Department of Vermont Health Access.

(20) Ensure the coordination of mental health, physical health, and substance abuse services provided by the public and private health care delivery systems.

(21) Ensure the coordination of public mental health and substance abuse services with mental health and substance abuse services offered through the private health care delivery system, including services offered by primary care physicians.

(22) Oversee and seek to have patients receive treatment in secure residential recovery facilities as defined in subsection 7620(e) of this title.
18 V.S.A. § 1096 — VT Code / Title 18 / Chapter 21 / Section 1096
§ 1096. Penalty
Status: in_force

A person who violates a provision of sections 1092-1095 of this title, for which no other penalty is provided, shall be fined not more than $500.00 or imprisoned for not more than six months, or both.
18 V.S.A. § 509 — VT Code / Title 18 / Chapter 9 / Section 509
§ 509. Autopsy; payment; fees
Status: in_force

For performing an autopsy, the Chief Medical Examiner and his or her assistants are entitled to their expenses from the State upon giving the Commissioner of Finance and Management their certified voucher. Regional medical examiners and assistant medical examiners are entitled to receive from the State a fee fixed by the Commissioner of Health and approved by the Attorney General, plus their reasonable and necessary expenses.
18 V.S.A. § 501 — VT Code / Title 18 / Chapter 9 / Section 501
§ 501. State Health Laboratory; other laboratories; tests
Status: in_force

The Commissioner shall have supervision and management of the Vermont State Health Laboratory. The Commissioner may provide for approval and registration of laboratories performing examinations or tests of a public health nature. Any laboratory that examines material for any living agent or evidence of living agent of a reportable disease to any person shall immediately send the results of such tests, if positive, to the State Health Laboratory. The laboratory shall make chemical and bacteriological examination of water supplies, milk, and food products and examinations for the detection and control of communicable diseases and shall carry on such work in relation to the health of the residents of the State as the Commissioner shall direct.
18 V.S.A. § 1058 — VT Code / Title 18 / Chapter 21 / Section 1058
§ 1058. Compulsory medical management
Status: in_force

If any person fails or refuses to comply with an order of the court issued under section 1057 of this title, the Commissioner of Health, in accordance with the order, may request any police officer or sheriff in writing to take the person into custody and immediately deliver the person to a place or facility for such services as designated by the Secretary of Human Services as provided in sections 1053 and 1055 of this title. The officer shall tender the person named in the order a copy of the order of the court and of the request to the officer to apprehend and deliver the person to the place of tuberculosis management, and shall make return of the officer's doings to the court.
18 V.S.A. § 1245 — VT Code / Title 18 / Chapter 24A / Section 1245
§ 1245. Record keeping; public notification; database
Status: in_force

(a) Record keeping. The Department of Health shall retain all records of test results, laboratory analyses, lead remediation plans, and waiver requests for 10 years following the creation or acquisition of the record. Records produced or acquired by the Department under this chapter are public records subject to inspection or copying under the Public Records Act.

(b) Public notification. On or before March 1, 2021, the Commissioner shall publish on the Department website the data from testing under section 1243 of this title so that the results of sampling are fully transparent and accessible to the public. The data published by the Department shall include a list of all buildings or facilities owned, controlled, or operated by a school district, supervisory union, independent school, or child care provider at which drinking water from an outlet tested is at or above the action level within the previous two years of reported samples. The Commissioner shall publish all retesting data on the Department's website within two weeks of receipt of the relevant laboratory analysis. The Secretary of Education shall include a link on the Agency of Education website to the Department of Health website required under this subsection.
18 V.S.A. § 8708 — VT Code / Title 18 / Chapter 204 / Section 8708
§ 8708. Involuntary sterilization
Status: in_force

(a) Any sterilization sought on behalf of a person with an intellectual disability or requested by any person denied a voluntary sterilization by section 8707 of this title shall be considered an involuntary sterilization.

(b) Involuntary sterilizations may be performed only after a hearing in the Superior Court pursuant to sections 8709-8712 of this title. For the purposes of involuntary sterilization proceedings under this chapter, the person with an intellectual disability subject to a petition for sterilization shall be defined as the respondent.
18 V.S.A. § 8202 — VT Code / Title 18 / Chapter 193 / Section 8202
§ 8202. Revocation of license
Status: in_force

The Commissioner may revoke any license when it appears that the holder of the license does not exercise sufficient skill and is not possessed of adequate means and methods for the proper care and treatment of the patients therein.
18 V.S.A. § 5481 — VT Code / Title 18 / Chapter 121 / Section 5481
§ 5481. Acquisition of land and property-Purchase or gift
Status: in_force

The right to acquire land and property for cemetery purposes, either by purchase or gift, by towns, churches, religious or ecclesiastical societies, and cemetery associations is hereby affirmed under the conditions and restrictions set forth in this chapter.
18 V.S.A. § 1675 — VT Code / Title 18 / Chapter 33A / Section 1675
§ 1675. Repealed. 2023, No. 131 (Adj. Sess.), § 10, eff. January 1, 2026.
Status: in_force

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

(b) Nothing in this section shall be construed to preclude or supplant any other statutory or common law remedies.
18 V.S.A. § 7251 — VT Code / Title 18 / Chapter 174 / Section 7251
§ 7251. Principles for mental health care reform
Status: in_force

The General Assembly adopts the following principles as a framework for reforming the mental health care system in Vermont:

(1) The State of Vermont shall meet the needs of individuals with a mental condition or psychiatric disability, including the needs of individuals in the custody of the Commissioner of Corrections, and the State's mental health system shall reflect excellence, best practices, and the highest standards of care.

(2) Long-term planning shall look beyond the foreseeable future and present needs of the mental health community. Programs shall be designed to be responsive to changes over time in levels and types of needs, service delivery practices, and sources of funding.

(3) Vermont's mental health system shall provide a coordinated continuum of care by the Departments of Mental Health and of Corrections, designated hospitals, designated agencies, and community and peer partners to ensure that individuals with a mental condition or psychiatric disability receive care in the most integrated and least restrictive settings available. Individuals' treatment choices shall be honored to the extent possible.

(4) The mental health system shall be integrated into the overall health care system and ensure equal access to appropriate mental health care in a manner equivalent to other aspects of health care as part of an integrated, holistic system of care.

(5) Vermont's mental health system shall be geographically and financially accessible. Resources shall be distributed based on demographics and geography to increase the likelihood of treatment as close to the patient's home as possible. All ranges of services shall be available to individuals who need them, regardless of individuals' ability to pay.

(6) The State's mental health system shall ensure that the legal rights of individuals with a mental condition or psychiatric disability are protected.

(7) Oversight and accountability shall be built into all aspects of the mental health system.

(8) Vermont's mental health system shall be adequately funded and financially sustainable to the same degree as other health services.

(9) Individuals with a psychiatric disability or mental condition who are in the custody or temporary custody of the Commissioner of Mental Health and who receive treatment in an acute inpatient hospital unit, an intensive residential recovery facility, or a secure residential recovery facility shall be afforded rights and protections that reflect evidence-based best practices aimed at reducing the use of emergency involuntary procedures.