18 V.S.A. § 4212 — VT Code / Title 18 / Chapter 84 / Section 4212
§ 4212. Labels
Status: in_force

(a) Whenever a manufacturer sells or dispenses a regulated drug and whenever a wholesaler sells or dispenses a regulated drug in a package prepared by him or her, he or she shall securely affix to each package in which that drug is contained a label showing in legible English the name and address of the vendor and the quantity, kind, and form of regulated drug contained therein. No person, except a pharmacist or dispensing physician for the purpose of filling a prescription under this chapter, shall alter, deface, or remove any label so affixed.

(b) Whenever a pharmacist or an employee of a hospital, infirmary, school, first aid station, or nursing home sells or dispenses any regulated drug, he or she shall affix to the container in which such drug is sold or dispensed a label showing his or her own name, address, and registry number, or the name, address, and registry number of the pharmacist or hospital or nursing home for whom he or she is lawfully acting, the name and address of the patient, or if the patient is an animal the name and address of the owner of the animal and the species of the animal, the name, address and registry number of the physician, dentist, or veterinarian by whom the prescription was written, the kind and form of the drug contained therein unless the practitioner has specifically ordered in that prescription that such information not be specified on the label, such directions as may be stated on the prescription, and the date of the issuance of the prescription. No person shall alter, deface, or remove any label so affixed. This subsection shall not apply to regulated drugs sold or dispensed for use exclusively within a hospital.

(c) Physicians, dentists, or veterinarians dispensing regulated drugs shall affix to the container a label showing the dispensing practitioner's name, address, and registry number, the name and address of the patient, or if the patient is an animal the name and address of the owner of the animal and the species of the animal, the kind and form of the drug contained therein unless the dispensing practitioner considers that such information should not be so specified for medical reasons, such directions necessary for use, and the date of the issuance of the prescription and the dispensing of the drug. This subsection shall not apply to an amount of regulated drugs equivalent to three days' dosage dispensed to a patient for his or her immediate use without charge by a physician on house call.
18 V.S.A. § 125 — VT Code / Title 18 / Chapter 3 / Section 125
§ 125. Assurance of discontinuance
Status: in_force

(a) In any case where the Commissioner has authority to institute an action or proceeding against a person under this title, the Commissioner may, in lieu thereof, accept from such person an assurance that the violation, or the action or inaction contributing to a public health hazard or a significant public health risk, will be discontinued. An assurance of discontinuance may include:

(1) specific action to be taken;

(2) abatement or mitigation schedules;

(3) payment of a civil penalty and the costs of investigation;

(4) payment of an amount to be held in escrow pending the outcome of an action, or as restitution to aggrieved persons.

(b) An assurance of discontinuance shall be in writing, shall be filed with the Superior Court having jurisdiction over the subject matter, and shall become an order of the court. Evidence of a violation of an assurance of discontinuance shall be prima facie proof of the violation cited in the assurance.
18 V.S.A. § 2059 — VT Code / Title 18 / Chapter 46 / Section 2059
§ 2059. Licensure by endorsement
Status: in_force

The Director may issue a nursing home administrator's license, without examination for proficiency and competence, to any person who holds a current license as a nursing home administrator from another jurisdiction, provided that the Director finds that the standards for licensing in the other jurisdiction are substantially equivalent to those in this State.
18 V.S.A. § 104b — VT Code / Title 18 / Chapter 3 / Section 104b
§ 104b. Community health and wellness grants
Status: repealed

(a) The Commissioner shall establish a program for awarding competitive, substantial, multiyear grants to comprehensive community health and wellness projects. Successful projects must:

(1) use comprehensive approaches designed to promote healthy behavior and disease prevention across the community and across the lifespan of individual Vermonters and address issues that may include promoting nutrition and exercise for children, community recreation programs, elderly wellness, lead poisoning abatement, obesity prevention, maternal and child health and immunization, mental health and substance abuse, and tobacco prevention and cessation;

(2) be consistent with the Blueprint for Health and other State health initiatives as well as the overall goals of the applicant community;

(3) be goal and result driven;

(4) use strategies that have been demonstrated to be effective in reaching the desired goal;

(5) provide data for evaluating and monitoring progress;

(6) include a plan for ensuring that all food vending machines located in public buildings within the control of the grant recipient contain foods and portion sizes consistent with the Vermont nutrition and fitness policy guidelines or other relevant science-based resources; and

(7) address socioeconomic or other barriers that stand in the way of fit and healthy lifestyles in their communities.

(b) The Commissioner, through the 12 district health offices, shall assist communities by:

(1) providing technical assistance to support communities in following a consistent and coordinated approach to planning and implementation, including practices such as needs assessment, defined priorities, action plans, and evaluation;

(2) providing access to best and promising practices and approved public policies;

(3) providing assistance to help communities develop public awareness materials and communication tools with well-researched and well-coordinated messaging;

(4) helping communities obtain and maximize funding from all applicable sources; and

(5) providing other assistance as appropriate.

(c)-(e) [Repealed.]

(f) The Commissioner may adopt rules pursuant to 3 V.S.A. chapter 25, the Administrative Procedure Act, necessary for the implementation of this program.

(g) The Commissioner is authorized to accept donations or contributions from private sources for community wellness grants.
18 V.S.A. § 9412 — VT Code / Title 18 / Chapter 221 / Section 9412
§ 9412. Enforcement
Status: in_force

(a) In order to carry out the duties under this chapter, in addition to the powers provided in this chapter, in chapter 220 of this title, and in Title 8, the Commissioner and the Board may examine the books, accounts, and papers of health insurers, health care providers, health care facilities, health plans, contracting entities, covered entities, and payers, as defined in section 9418 of this title, and may administer oaths and may issue subpoenas to a person to appear and testify or to produce documents or things.

(b) In addition to any other power or duty authorized by law, the Commissioner of Financial Regulation shall, in the case of health insurers, enforce a violation of a provision of this subchapter or a rule adopted pursuant to a provision of this subchapter as a violation of a requirement of Title 8 relating to health insurers.
18 V.S.A. § 1120 — VT Code / Title 18 / Chapter 21 / Section 1120
§ 1120. Definitions
Status: in_force

As used in this subchapter:

(1) “Child care facility” means a child care facility or family day care home licensed or registered under 33 V.S.A. chapter 35, unless exempted by rule adopted under section 1123 of this title.

(2) “School” means a public or independent prekindergarten, kindergarten, elementary, or secondary school, or any postsecondary school as defined in 16 V.S.A. § 176(b), unless exempted by rule adopted pursuant to section 1123 of this title.
18 V.S.A. § 8106 — VT Code / Title 18 / Chapter 191 / Section 8106
§ 8106. Persons in arrears
Status: in_force

At least every six months, the Commissioner shall ascertain those liable persons whose payments to the State are in arrears, the amount of the arrearage, and the amount of income or resources, excluding an estate of less than $1,500.00, from which any amount owed the State for care and treatment, as determined under section 8101 of this title, can be collected.
18 V.S.A. § 2151 — VT Code / Title 18 / Chapter 49 / Section 2151
§ 2151. License
Status: in_force

No person shall establish, maintain, or operate an ambulatory surgical center in this State without first obtaining a license for the ambulatory surgical center in accordance with this subchapter.
18 V.S.A. § 8729 — VT Code / Title 18 / Chapter 204A / Section 8729
§ 8729. Family support payments: tax exemption
Status: in_force

Any payment to an eligible family for the support of a person with a developmental disability constitutes a State benefit and shall not be deemed to be income for the purposes of State taxation or of determining eligibility for any income-related State benefits, but may be included in household income for purposes of 32 V.S.A. chapter 154 as provided in section 6061 of that chapter.
18 V.S.A. § 1803 — VT Code / Title 18 / Chapter 41 / Section 1803
§ 1803. General powers and duties of Commissioner of Health
Status: in_force

In carrying out the purposes of this chapter, the Commissioner is authorized and directed:

(1) to require such reports, make such inspections and investigations, and adopt such rules as it deems necessary;

(2) to provide such methods of administration, appoint personnel, and take such other action as may be necessary to comply with the requirements of the federal act and the regulations promulgated pursuant to the act;

(3) to procure, in its discretion, the temporary or intermittent services of experts or consultants or organizations thereof, by contract, when such services are to be performed on a part time or fee-for-service basis and do not involve the performance of administrative duties;

(4) to the extent that it considers desirable to effectuate the purposes of this chapter to enter into agreements for the utilization of the facilities and services of other departments, agencies, and institutions, public or private;

(5) to accept on behalf of the State and to deposit with the State Treasurer any grant, gift, or contribution made to assist in meeting the cost of carrying out the purposes of this chapter and to expend the same for such purposes; and

(6) to do all other things on behalf of the State necessary to obtain full benefits under the federal act as now and hereafter amended.
18 V.S.A. § 5230 — VT Code / Title 18 / Chapter 107 / Section 5230
§ 5230. Rights of funeral director or operator of a disposition facility
Status: in_force

A funeral director or disposition facility operator may determine the permanent disposition of remains and may file a civil action in Probate Division of the Superior Court against a person, estate, banking institution, governmental agency, or other entity that may have liability for the permanent disposition, either:

(1) to seek a declaratory judgment that the director's or operator's proposed action would be in compliance with the applicable provisions of law; or

(2) to seek a judgment that the director or operator's action is in compliance with the applicable provisions of law and to recover reasonable costs and fees for the permanent disposition when:

(A) the funeral director or disposition facility operator has actual knowledge that there is no surviving family member, guardian, or individual appointed to arrange for the disposition of decedent's remains pursuant to chapter 231 of this title;

(B) the funeral director or disposition facility operator has made reasonable efforts to locate and contact any known family member, guardian, or agent; and

(C) the appropriate local or State authority, if any, fails to assume responsibility for disposition of the remains within 36 hours of written notice, which may be delivered by hand, U.S. mail, facsimile transmission, electronic means, or telegraph.
18 V.S.A. § 9335 — VT Code / Title 18 / Chapter 217 / Section 9335
§ 9335. Remedies
Status: in_force

(a) Any person who intentionally violates section 9333 or subsection 9334(a) of this chapter shall be imprisoned not more than one year or fined not more than $10,000.00, or both.

(b) Any person aggrieved by a violation of this chapter may bring an action for civil damages, including punitive damages, equitable relief, including restraint of prohibited acts, restitution of wages or other benefits, and reinstatement, costs, and reasonable attorney's fees, and other appropriate relief.
18 V.S.A. § 104a — VT Code / Title 18 / Chapter 3 / Section 104a
§ 104a. Commissioner of Health; designation of advisor to Commissioner of Motor Vehicles
Status: in_force

The Commissioner of Health, upon request by the Commissioner of Motor Vehicles, shall designate an appropriate professional member of the Department to serve as advisor to the Commissioner of Motor Vehicles on health aspects of the licensing of motor vehicle operators.
18 V.S.A. § 9498 — VT Code / Title 18 / Chapter 223 / Section 9498
§ 9498. Enforcement
Status: in_force

(a) An individual injured as a result of a violation of this chapter shall have a private right of action in Superior Court against a public entity for injunctive relief arising from the violation.

(b) In addition to any injunctive relief awarded, the court may award costs and reasonable attorney's fees to an injured person who substantially prevails in an action brought under this section.
18 V.S.A. § 2201 — VT Code / Title 18 / Chapter 50 / Section 2201
§ 2201. Furnishing supervision to home health agencies; contracts
Status: in_force

The Department may furnish supervision to any public agency or private organization engaged in providing skilled nursing services and other therapeutic services, or to any subdivision of such an agency or organization, for the purpose of enabling the agency or organization to qualify as a “home health agency” under Title I of Pub. L. No. 89-97, the Health Insurance for the Aged Act, at the request of the agency or organization. The Department may enter into agreements with any person, firm, corporation, association, agency, or organization, public or private, for the purpose of furnishing or coordinating supervisory services for a home health agency under this section, and may collect fees for the services rendered under the terms of such agreements. “Supervision” or “supervisory services” as used in this section, shall mean supervision by a physician or a registered professional nurse as required for a home health agency under the Health Insurance for the Aged Act.
18 V.S.A. § 1004a — VT Code / Title 18 / Chapter 21 / Section 1004a
§ 1004a. Quarantine
Status: in_force

The Commissioner of Health shall have the power to quarantine a person diagnosed with or suspected of having a disease dangerous to the public health.
18 V.S.A. § 904 — VT Code / Title 18 / Chapter 17 / Section 904
§ 904. Administrative provisions
Status: in_force

(a) In order to carry out the purposes and responsibilities of this chapter, the Department of Health may contract for the provision of specific services.

(b) The Secretary of Human Services, upon the recommendation of the Commissioner of Health, may adopt rules to carry out the purposes and responsibilities of this chapter.
18 V.S.A. § 1126 — VT Code / Title 18 / Chapter 21 / Section 1126
§ 1126. Noncompliance
Status: in_force

The school board of each district, or the board of trustees of each independent school, or the chief executive officer of each postsecondary school, or the director of each child care facility shall exclude from school or a child care facility any person not otherwise exempted under this subchapter who fails to comply with its provisions. No person shall be excluded for failure to comply with the provisions of this subchapter unless there has been a notification by the appropriate school or child care facility authority to the person, or in the case of a minor to the person's parent or guardian of the noncompliance with this subsection, and of their rights under section 1122 of this title. In the event of exclusion, school officials or the director of the child care facility shall notify the Department of Health and contact the parents or guardians in an effort to secure compliance with the requirements of this subchapter so that the person may attend school or the child care facility.
18 V.S.A. § 4287 — VT Code / Title 18 / Chapter 84A / Section 4287
§ 4287. Rulemaking
Status: in_force

The Department shall adopt rules for the implementation of VPMS as defined in this chapter consistent with 45 C.F.R. Part 164, as amended and as may be amended, that limit the disclosure to the minimum information necessary for purposes of this chapter.
18 V.S.A. § 120 — VT Code / Title 18 / Chapter 3 / Section 120
§ 120. Contract for payment of certain health benefits
Status: in_force

The Commissioner may contract with a private organization to process the payment of in-patient hospital care, and physician, radiological, and other medical costs related thereto under the maternal, child health, and children with physical disabilities' plans of the Department of Health. Such a contract shall provide for cancellation upon reasonable notification by the Commissioner. In furtherance of the purposes of the contract, the Commissioner may requisition funds, with the approval of the Governor, and the Commissioner of Finance and Management shall issue a warrant in favor of the contracting party to permit the contracting party to make payments to vendors under the contract. The Commissioner shall quarterly, and at such other times as the Commissioner of Finance and Management requires, render an account in such form as the Commissioner of Finance and Management prescribes of the expenditures of monies so advanced.
18 V.S.A. § 8915 — VT Code / Title 18 / Chapter 207 / Section 8915
§ 8915. Provision for agreements with case management entities
Status: in_force

Notwithstanding any provision of law to the contrary, the Commissioner of Disabilities, Aging, and Independent Living may enter into agreements with case management entities to support local communities. The Commissioner may develop rules setting forth the standards and procedures for the case management entities it contracts with.
18 V.S.A. § 4606 — VT Code / Title 18 / Chapter 91 / Section 4606
§ 4606. Brand certification
Status: in_force

If the prescriber has determined that the generic equivalent of a drug or the interchangeable biological product for the biological product being prescribed has not been effective or with reasonable certainty is not expected to be effective in treating the patient's medical condition or causes or is reasonably expected to cause adverse or harmful reactions in the patient, the prescriber shall indicate “brand necessary,” “no substitution,” “dispense as written,” or “DAW” in the prescriber's own handwriting on the prescription blank or shall indicate the same using electronic prescribing technology and the pharmacist shall not substitute the generic equivalent or interchangeable biological product. If a prescription is unwritten and the prescriber has determined that the generic equivalent of the drug or the interchangeable biological product for the biological product being prescribed has not been effective or with reasonable certainty is not expected to be effective in treating the patient's medical condition or causes or is reasonably expected to cause adverse or harmful reactions in the patient, the prescriber shall expressly indicate to the pharmacist that the brand-name drug or biological product is necessary and substitution is not allowed and the pharmacist shall not substitute the generic equivalent drug or interchangeable biological product.
18 V.S.A. § 1916 — VT Code / Title 18 / Chapter 43A / Section 1916
§ 1916. Intentional unsafe acts
Status: in_force

(a) A hospital shall notify the Department, within the time frames established by regulation, if the information available supports a reasonable, good faith belief that an intentional unsafe act as it pertains to patients has occurred.

(b) For intentional unsafe acts reportable to other departments or agencies, a hospital shall notify the Department of Health or provide a copy of any written report. Such reports shall not constitute a waiver of peer review or any other privilege.

(c) If the Department confirms or independently concludes, based on a reasonable, good faith belief, that an intentional unsafe act occurred, it shall notify relevant State and federal licensing and other regulatory entities and, in the case of possible criminal activity, relevant State and federal law enforcement authorities.

(d) There shall be no liability on the part of and no cause of action for damages shall arise against any individual or hospital for any act or proceeding related to activities undertaken or performed within the scope of the obligations imposed by this section, provided that the individual or hospital acts without malice and with the reasonable belief that the action is warranted by the facts known after making reasonable efforts to obtain all the facts.

(e) Nothing in this section shall prevent a hospital from conducting its own investigation or peer review.
18 V.S.A. § 35 — VT Code / Title 18 / Chapter 1 / Section 35
§ 35. Vermont Health Care Professional Loan Repayment Program
Status: in_force

(a) As used in this section:

(1) “AHEC” means the Vermont Area Health Education Centers program.

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

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

(4) “Loan repayment” means the repayment of loans under this section.

(5) “Loans” means education loans guaranteed, made, financed, serviced, or otherwise administered by an accredited educational lender for attendance at an eligible school.

(6) “Program” means the Vermont Health Care Professional Loan Repayment Program created under this section.

(b) The Vermont Health Care Professional Loan Repayment Program is created and shall be administered by the Department of Health in collaboration with AHEC. The Program provides loan repayment on behalf of individuals who live and work in this State as a nurse, physician assistant, medical lab technician, medical lab technologist, clinical laboratory scientist, child psychiatrist, or primary care provider and who meet the eligibility requirements in subsection (d) of this section.

(c) The loan repayment benefits provided under the Program shall be paid on behalf of the eligible individual by AHEC, subject to the appropriation of funds by the General Assembly for this purpose.

(d) To be eligible for loan repayment under the Program, an individual shall satisfy all of the following requirements:

(1) have graduated from an eligible school where the individual was awarded a degree in nursing, physician assistant studies, medicine, osteopathic medicine, or naturopathic medicine, or a two- or four-year degree that qualifies the individual to be a medical lab technician, medical lab technologist, or clinical laboratory scientist;

(2) work in this State as a nurse, physician assistant, medical lab technician, medical lab technologist, or clinical laboratory scientist, child psychiatrist, or primary care provider; and

(3) be a resident of Vermont.

(e)(1) An eligible individual shall be entitled to an amount of loan repayment under this section for a defined service obligation in Vermont of not less than one year. Employment as a traveling nurse shall not be construed to satisfy the service commitment required under this section.

(2) AHEC shall award loan repayments in amounts that are sufficient to attract high-quality candidates while also making a meaningful increase in Vermont's health care professional workforce.

(f) Loan repayment shall be awarded on a rolling basis, provided funds are available, and any funds remaining at the end of a fiscal year shall carry forward and shall be available to the Department of Health and AHEC in the following fiscal year to award additional loan repayment as set forth in this section.
18 V.S.A. § 4062 — VT Code / Title 18 / Chapter 82 / Section 4062
§ 4062. Substances added to food; rules
Status: in_force

Any poisonous or deleterious substance added to any food except where the substance is required in the production thereof or cannot be avoided by good manufacturing practice shall be deemed to be unsafe for purposes of the application of subdivision 4059(1)(B) of this title, but when the substance is so required or cannot be so avoided, the Department shall adopt rules limiting the quantity therein or thereon to such extent as the Department finds necessary for the protection of public health, and any quantity exceeding the limits so fixed shall also be deemed to be unsafe for purposes of the application of subdivision 4059(1)(B) of this title. While such a rule is in effect limiting the quantity of any such substance in the case of any food, the food shall not, by reason of bearing or containing any added amount of the substance, be considered to be adulterated within the meaning of subdivision 4059(1)(A) of this title. In determining the quantity of the added substance to be tolerated in or on different articles of food, the Department shall take into account the extent to which the use of the substance is required or cannot be avoided in the production of each such article and the other ways in which the consumer may be affected by the same or other poisonous or deleterious substances.
18 V.S.A. § 4230f — VT Code / Title 18 / Chapter 84 / Section 4230f
§ 4230f. Dispensing cannabis to a person under 21 years of age; criminal offense
Status: in_force

(a) No person shall:

(1) dispense cannabis to a person under 21 years of age; or

(2) knowingly enable the consumption of cannabis by a person under 21 years of age.

(b) As used in this section, “enable the consumption of cannabis” means creating a direct and immediate opportunity for a person to consume cannabis.

(c) Except as provided in subsection (d) of this section, a person who violates subsection (a) of this section shall be imprisoned not more than two years or fined not more than $2,000.00, or both.

(d) A person who violates subsection (a) of this section, where the person under 21 years of age while operating a motor vehicle on a public highway causes death or serious bodily injury to himself or herself or to another person as a result of the violation, shall be imprisoned not more than five years or fined not more than $10,000.00, or both.

(e)(1) Subsections (a)-(d) of this section shall not apply to a person under 21 years of age who dispenses cannabis to a person under 21 years of age or who knowingly enables the consumption of cannabis by a person under 21 years of age.

(2) A person who is 18, 19, or 20 years of age who knowingly dispenses cannabis to a person who is 18, 19, or 20 years of age commits a civil violation and shall be referred to the Court Diversion Program for the purpose of enrollment in the Youth Substance Awareness Safety Program in accordance with the provisions of section 4230b of this title and shall be subject to the penalties in that section for failure to complete the program successfully.

(3) A person 18, 19, or 20 years of age who knowingly dispenses to a person under 18 years of age who is at least three years that person's junior shall be sentenced to a term of imprisonment of not more than five years in accordance with section 4237 of this title.

(4) A person who is 19 years of age who knowingly dispenses to a person 17 years of age or a person who is 18 years of age who knowingly dispenses cannabis to a person who is 16 or 17 years of age commits a misdemeanor crime and shall be fined not more than $500.00.

(5) A person who is under 18 years of age who knowingly dispenses cannabis to another person who is under 18 years of age commits a delinquent act and shall be subject to 33 V.S.A. chapter 52.

(f) This section shall not apply to a dispensary that lawfully provides cannabis to a registered patient or caregiver or to a registered caregiver who provides cannabis to a registered patient pursuant to chapter 86 of this title.

(g) The provisions of this section do not limit or restrict the prosecution for other offenses arising out of the same conduct, nor shall they limit or restrict defenses under common law.
18 V.S.A. § 4804 — VT Code / Title 18 / Chapter 94 / Section 4804
§ 4804. Manager of Substance Misuse Prevention
Status: in_force

There is created the permanent position of the Manager of Substance Misuse Prevention within the Department of Health for the purpose of:

(1) coordinating the work of the Substance Misuse Prevention Oversight and Advisory Council established pursuant to section 4803 of this title; and

(2) coordinating regional planning.
18 V.S.A. § 8110 — VT Code / Title 18 / Chapter 191 / Section 8110
§ 8110. Prosecution of claims
Status: in_force

Claims due and unpaid under this part of this title shall be prosecuted and collected in the name of the State. A State's Attorney or the Attorney General, when requested by the Commissioner, shall appear for and in behalf of the State in the prosecution of the claims.
18 V.S.A. § 4060 — VT Code / Title 18 / Chapter 82 / Section 4060
§ 4060. Misbranded food
Status: in_force

A food shall be deemed to be misbranded:

(1) If its labeling is false or misleading in any particular.

(2) If it is offered for sale under the name of another food.

(3) If it is an imitation of another food for which a definition and standard of identity have been prescribed by rules adopted pursuant to section 4058 of this title or if it is an imitation of another food that is not subject to subdivision (7) of this section, unless its label bears in type of uniform size and prominence the word imitation and, immediately thereafter, the name of the food imitated.

(4) If its container is so made, formed, or filled as to be misleading.

(5) If in package form, unless it bears a label containing:

(A) the name and place of business of the manufacturer, packer, or distributor; and

(B) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count, provided that under this subdivision reasonable variations shall be permitted, and exemptions as to small packages shall be established by rules prescribed by the Department.

(6) If any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

(7) If it purports to be or is represented as a food for which a definition and standard of identity has been prescribed by rules adopted pursuant to section 4058 of this title, unless:

(A) it conforms to that definition and standard; and

(B) its label bears the name of the food specified in the definition and standard and, insofar as may be required by the rules, the common names of optional ingredients (other than spices, flavoring, and coloring) present in the food.

(8) If it purports to be or is represented as:

(A) a food for which a standard of quality has been prescribed by rules adopted pursuant to section 4058 of this title, and its quality falls below the standard unless its label bears, in such manner and form as the rules specify, a statement that it falls below those standards; or

(B) a food for which a standard or standards of fill of container have been prescribed by rules adopted pursuant to section 4058 of this title, and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as the rules specify, a statement that it falls below the standard.

(9) If it is not subject to the provisions of subdivision (7) of this section, unless it bears labeling clearly giving:

(A) the common or usual name of the food, if any there be; and

(B) in case it is fabricated from two or more ingredients, the common or usual name of each such ingredient; except that spices, flavorings, and colorings, other than those sold as such, may be designated as spices, flavorings, and colorings, without naming each, provided that, to the extent that compliance with the requirements of this subdivision is impractical or results in deception or unfair competition, exemptions shall be established by rules adopted by the Department. And provided further that the requirements of this subdivision shall not apply to food products that are packaged at the direction of purchasers at retail at the time of sale, the ingredients of which are disclosed to the purchasers by other means in accordance with rules adopted by the Department.

(10) If it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral, and other dietary properties as the Department determines to be, and by rules adopted, as necessary in order to inform purchasers fully as to its value for such uses.

(11) If it bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling stating that fact, provided that to the extent that compliance with the requirements of this subsection is impracticable, exemptions shall be established by rules adopted by the Department.

(12) If it is a product intended as an ingredient of another food and when used according to the directions of the purveyor will result in the final food product being adulterated or misbranded.
18 V.S.A. § 1416 — VT Code / Title 18 / Chapter 28 / Section 1416
§ 1416. Definitions
Status: in_force

As used in this chapter:

(1) “Director” means the Director of Occupational Health.

(2) “Division” means the Division of Occupational Health.

(3) “Employee” means any person engaged in service to an employer for wages, salary, or other compensation, excluding an independent contractor.

(4) “Employer” means a person who employs one or more persons.

(5) “Health hazard” means any material, including biological material or energy, or both, in any form from any source that can adversely affect the health of any employee, or can adversely affect the health of any person exposed in a place of employment or any person adversely exposed from a source in a place of employment.

(6) “Occupational disease” means a disease caused by exposure to an occupational health hazard.

(7) “VOSHA Code” means this chapter and 21 V.S.A. chapter 3, subchapters 4 and 5.

(8) “Person” means a natural person, corporation, partnership, trust, society, club, association, or other organization, including municipalities and the State.

(9) “Place of employment” means any work place or place where an employee is engaged in performance of his or her work or duties, or that is used in connection with an employee's employment. It includes structures, buildings, machinery, equipment, tools, appliances, and materials used in connection with the employment. It also includes land and premises where an employer is carrying on any activity or business involving the use of one or more employees.
18 V.S.A. § 4392 — VT Code / Title 18 / Chapter 85 / Section 4392
§ 4392. Exceptions; dispensing devices
Status: in_force

(a) The provisions of section 4391 of this title shall-not be construed to prevent or prohibit a person, firm, or corporation from purchasing milk in bulk for uses other than for serving patrons for drinking purposes, nor to prevent the sale or serving of cream, skimmed milk, or buttermilk from bulk, if the same is pure and wholesome and is sold and served as cream, skimmed milk, or buttermilk, nor shall it prevent or prohibit the sale of milk in mixed drinks at soda fountains, or from original bulk containers equipped with a dispensing device, provided the owner of such device has notified the Department of Health and the Agency of Agriculture, Food and Markets of each device installed and its location and has complied in all other respects with the rules of the Secretary of Agriculture, Food and Markets as provided in this subchapter.

(b) Milk or chocolate milk dispensed from any such device shall be homogenized and pasteurized and flavored skimmed milk shall be pasteurized. The words “chocolate milk,” as used in this subsection, shall be construed to mean milk of a butterfat content of not less than 3.5 percent butterfat to which chocolate has been added and any flavored milk drink with a content of less than 3.5 percent butterfat shall be labeled “Flavored Drink” according to the flavor used.
18 V.S.A. § 9377a — VT Code / Title 18 / Chapter 220 / Section 9377a
§ 9377a. Prior authorization pilot program
Status: in_force

(a) The Green Mountain Care Board shall develop and implement a pilot program or programs for the purpose of measuring the change in system costs within primary care associated with eliminating prior authorization requirements for imaging, medical procedures, prescription drugs, and home care. The program shall be designed to measure the effects of eliminating prior authorizations on provider satisfaction and on the number of requests for and expenditures on imaging, medical procedures, prescription drugs, and home care. In developing the pilot program proposal, the Board shall collaborate with health care professionals and health insurers throughout the State or regionally.

(b) The Board shall submit an update regarding implementation of prior authorization pilot programs as part of its annual report under subsection 9375(d) of this title.
18 V.S.A. § 5483 — VT Code / Title 18 / Chapter 121 / Section 5483
§ 5483. Acquisition of land by town
Status: in_force

When it is necessary to enlarge a public burial ground or to establish a new one, three or more freeholders of the town may apply in writing to the selectboard, setting forth such necessity with a description of the land necessary for the purpose. The selectboard shall then proceed as in case of an application by three or more freeholders to lay out a highway.
18 V.S.A. § 9497 — VT Code / Title 18 / Chapter 223 / Section 9497
§ 9497. Abortion; restricting access prohibited
Status: in_force

A public entity shall not:

(1) deprive a consenting individual of the choice of terminating the individual's pregnancy;

(2) interfere with or restrict, in the regulation or provision of benefits, facilities, services, or information, the choice of a consenting individual to terminate the individual's pregnancy;

(3) prohibit a health care provider, acting within the scope of the health care provider's license, from terminating or assisting in the termination of a patient's pregnancy; or

(4) interfere with or restrict, in the regulation or provision of benefits, facilities, services, or information, the choice of a health care provider acting within the scope of the health care provider's license to terminate or assist in the termination of a patient's pregnancy.
18 V.S.A. § 9487 — VT Code / Title 18 / Chapter 221 / Section 9487
§ 9487. Enforcement
Status: in_force

The Office of the Attorney General has the same authority to make rules, conduct civil investigations, enter into assurances of discontinuance, and bring civil actions for violations of this subchapter as is provided under 9 V.S.A. chapter 63, subchapter 1.
18 V.S.A. § 9446 — VT Code / Title 18 / Chapter 221 / Section 9446
§ 9446. Home health agencies; geographic service areas
Status: in_force

The terms of a certificate of need relating to the boundaries of the geographic service area of a home health agency may be modified by the Board, in consultation with the Commissioner of Disabilities, Aging, and Independent Living, after notice and opportunity for hearing, or upon written application to the Board by the affected home health agencies or consumers, demonstrating a substantial need for the modification. Service area boundaries may be modified by the Board to take account of natural or physical barriers that may make the provision of existing services uneconomical or impractical, to prevent or minimize unnecessary duplication of services or facilities, or otherwise to promote the public interest. The Board shall issue an order granting such application only upon a finding that the granting of such application is consistent with the purposes of 33 V.S.A. chapter 63, subchapter 1A and the Health Resource Allocation Plan established under section 9405 of this title and after notice and an opportunity to participate on the record by all interested persons, including affected local governments.
18 V.S.A. § 8714 — VT Code / Title 18 / Chapter 204 / Section 8714
§ 8714. Appeal; automatic stay
Status: in_force

(a) Any party to the proceeding shall have the right to appeal from a judgment issued pursuant to this chapter within 30 days after the judgment pursuant to the Vermont rules of appellate procedure.

(b) If the court has issued a judgment allowing sterilization, the judgment shall not become final for 30 days. An appeal of such a judgment shall operate as a stay of the order during the pendency of the appeal or during the pendency of any further appeal to the U.S. Supreme Court.
18 V.S.A. § 7707 — VT Code / Title 18 / Chapter 183 / Section 7707
§ 7707. Record of restrictions
Status: in_force

Any limitation imposed by the head of a hospital on the exercise of civil rights by a patient and the reasons for the limitation shall be made a part of the clinical record of the patient.
18 V.S.A. § 4205 — VT Code / Title 18 / Chapter 84 / Section 4205
§ 4205. Acts prohibited
Status: in_force

It shall be unlawful for any person to manufacture, possess, have under his or her control, sell, prescribe, administer, dispense, or compound any regulated drug, except as authorized in this chapter.
18 V.S.A. § 9720 — VT Code / Title 18 / Chapter 231 / Section 9720
§ 9720. Severability
Status: in_force

If any provisions of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and, to this end, provisions of this chapter are severable.
18 V.S.A. § 5368 — VT Code / Title 18 / Chapter 121 / Section 5368
§ 5368. Exceptions
Status: in_force

Sections 5361-5367 of this title shall not apply to a burial ground which is subject to other control than that of the selectboard or the board of cemetery commissioners.
18 V.S.A. § 5250f — VT Code / Title 18 / Chapter 110 / Section 5250f
§ 5250f. Amending or revoking anatomical gift before donor's death
Status: in_force

(a) Subject to section 5250h of this title, a donor or other person authorized to make an anatomical gift under section 5250d of this title may amend or revoke an anatomical gift by:

(1) a record signed by:

(A) the donor;

(B) the other person; or

(C) subject to subsection (b) of this section, another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or

(2) a later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.

(b) A record signed pursuant to subdivision (a)(1)(C) of this section must:

(1) be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and

(2) state that it has been signed and witnessed as provided in subdivision (1) of this subsection.

(c) Subject to section 5250h of this title, a donor or other person authorized to make an anatomical gift under section 5250d of this title may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.

(d) A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.

(e) A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection (a) of this section.
18 V.S.A. § 3804 — VT Code / Title 18 / Chapter 79 / Section 3804
§ 3804. Pharmacy audit recoupments
Status: in_force

(a) Recoupment of any disputed funds shall occur only after the final internal disposition of an audit, including the appeals process set forth in section 3803 of this title.

(b) An entity conducting an audit may not:

(1) include dispensing fees in calculations of overpayments unless the prescription is determined to have been dispensed in error;

(2) recoup funds for clerical or recordkeeping errors, including typographical errors, scriveners' errors, and computer errors on a required document or record unless the error resulted in overpayment or the entity conducting the audit has evidence that the pharmacy's actions reasonably indicate fraud or other intentional or willful misrepresentation;

(3) collect any funds, charge-backs, or penalties until the audit and all appeals are final, unless the entity conducting the audit is alleging fraud or other intentional or willful misrepresentation;

(4) recoup an amount in excess of the actual overpayment.

(c) Recoupment on an audit shall be refunded to the responsible party as contractually agreed upon by the parties.

(d) The entity conducting the audit may charge or assess the responsible party, directly or indirectly, based on amounts recouped if both of the following conditions are met:

(1) the responsible party and the entity conducting the audit have entered into a contract that explicitly states the percentage charge or assessment to the responsible party; and

(2) a commission or other payment to an agent or employee of the entity conducting the audit is not based, directly or indirectly, on amounts recouped.
18 V.S.A. § 5281 — VT Code / Title 18 / Chapter 113 / Section 5281
§ 5281. Definitions
Status: in_force

As used in this chapter:

(1) “Bona fide physician-patient relationship” means a treating or consulting relationship in the course of which a physician has completed a full assessment of the patient's medical history and current medical condition, including a personal physical examination.

(2) “Capable” means that a patient has the ability to make and communicate health care decisions to a physician, including communication through persons familiar with the patient's manner of communicating if those persons are available.

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

(4) “Health care provider” means a person, partnership, corporation, facility, or institution licensed or certified or authorized by law to administer health care or dispense medication in the ordinary course of business or practice of a profession.

(5) “Impaired judgment” means that a person does not sufficiently understand or appreciate the relevant facts necessary to make an informed decision.

(6) “Interested person” means:

(A) the patient's physician;

(B) a person who knows that he or she is a relative of the patient by blood, civil marriage, civil union, or adoption;

(C) a person who knows that he or she would be entitled upon the patient's death to any portion of the estate or assets of the patient under any will or trust, by operation of law, or by contract; or

(D) an owner, operator, or employee of a health care facility, nursing home, or residential care facility where the patient is receiving medical treatment or is a resident.

(7) “Palliative care” shall have the same definition as in section 2 of this title.

(8) “Patient” means a person who is 18 years of age or older and under the care of a physician.

(9) “Physician” means an individual licensed to practice medicine under 26 V.S.A. chapter 23 or 33.

(10) “Terminal condition” means an incurable and irreversible disease which would, within reasonable medical judgment, result in death within six months.

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

(12) “Telemedicine” means the delivery of health care services such as diagnosis, consultation, or treatment through the use of live interactive audio and video over a secure connection that complies with the requirements of the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191.
18 V.S.A. § 9458 — VT Code / Title 18 / Chapter 221 / Section 9458
§ 9458. Hospital networks; structure; financial operations
Status: in_force

(a) The Board may review and evaluate the structure of a hospital network to determine:

(1) whether any network operations should be organized and operated out of a hospital instead of at the network; and

(2) whether the existence and operation of a network provides value to Vermonters, is in the public interest, and 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.

(b) In order to protect the public interest, the Board may, on its own initiative, investigate the financial operations of a hospital network, including compensation of the network's employees and executive leadership.

(c) The Board may recommend any action it deems necessary to correct any aspect of the structure of a hospital network or its financial operations that are inconsistent with the principles for health care reform expressed in section 9371 of this title or with the Statewide Health Care Delivery Strategic Plan, once established.
18 V.S.A. § 4216 — VT Code / Title 18 / Chapter 84 / Section 4216
§ 4216. Authorized possession by individuals
Status: in_force

(a) A person to whom or for whose use any regulated drug has been prescribed, sold, or dispensed, and the owner of any animal for which any such drug has been prescribed, sold, or dispensed, may lawfully possess the same on the condition that such drug was prescribed, sold, or dispensed by a physician, dentist, pharmacist, or veterinarian licensed to practice in this State or under the laws of another state or country wherein such person has his or her practice, and further that all amounts of the drug are retained in the lawful container in which it was delivered to him or her by the person selling or dispensing the same.

(b) Notwithstanding the requirement in subsection (a) of this section that a regulated drug be retained in its original container, the individual to whom a regulated drug was prescribed, dispensed, or sold by a physician, dentist, or pharmacist licensed in Vermont or in another state or country may maintain up to a 14-day supply of the regulated drug outside the original container for his or her own personal use if the following conditions are met:

(1) the drug was prescribed for the individual;

(2) the individual is in possession of the original or a copy of the prescription label;

(3) at all times, the individual intends and has intended to use the drug only for legitimate medical use in conformity with instructions from the prescriber and dispenser; and

(4) the individual maintains the limited supply of the drug in a receptacle that reasonably constitutes a more convenient or portable format to enable the individual's legitimate medical use.
18 V.S.A. § 5311 — VT Code / Title 18 / Chapter 121 / Section 5311
§ 5311. Recording of plats
Status: in_force

It shall be the duty of the town clerk to receive and insert or bind in a book provided for that purpose all original plats or photostatic copies thereof, made in accordance with the provisions of this chapter, of such cemetery, community mausoleum, or columbarium, which shall constitute the recording thereof. The fees therefor shall not exceed the cost of the work of such recording, plus $3.00. The making or recording of a cemetery plat by any agency other than those specified in this chapter, or the recording of any cemetery plat which does not conform to and with the provisions of this chapter shall be void and of no effect.
18 V.S.A. § 5250b — VT Code / Title 18 / Chapter 110 / Section 5250b
§ 5250b. Definitions
Status: in_force

As used in this chapter:

(1) “Adult” means an individual who is at least 18 years of age.

(2) “Agent” means an individual:

(A) authorized to make health care decisions on the principal's behalf by an advance directive executed pursuant to chapter 231 of this title or by a health care power of attorney executed pursuant to the laws of this or another state; or

(B) expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal.

(3) “Anatomical gift” means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education.

(4) “Decedent” means a deceased individual whose body or part is or may be the source of an anatomical gift. The term includes a stillborn infant and, subject to restrictions imposed by law other than this chapter, a fetus.

(5) “Disinterested witness” means a witness other than the spouse, reciprocal beneficiary, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift, or another adult who exhibited special care and concern for the individual. The term does not include a person to which an anatomical gift could pass under section 5250k of this title.

(6) “Document of gift” means a donor card or other record used to make an anatomical gift. The term includes a statement or symbol on a driver's license or nondriver identification card or an inclusion in a donor registry.

(7) “Donor” means an individual whose body or part is the subject of an anatomical gift.

(8) “Donor registry” means a database that identifies donors and complies with the provisions of section 5250t of this title.

(9) “Driver's license” means a license or permit issued by the Vermont Department of Motor Vehicles to operate a vehicle, whether or not conditions are attached to the license or permit.

(10) “Emancipated” with respect to a minor shall have the same meaning as in 12 V.S.A. § 7151.

(11) “Eye bank” means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes.

(12) “Guardian” means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual. The term does not include a guardian ad litem.

(13) “Hospital” means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state.

(14) “Know” means to have actual knowledge.

(15) “Minor” means an individual who is under 18 years of age.

(16) “Nondriver identification card” means a nondriver identification card issued by the Vermont Department of Motor Vehicles pursuant to 23 V.S.A. § 115.

(17) “Organ procurement organization” means a person designated by the Secretary of the U.S. Department of Health and Human Services as an organ procurement organization.

(18) “Parent” means a parent whose parental rights have not been terminated.

(19) “Part” means an organ, an eye, or tissue of a human being. The term does not include the whole body.

(20) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

(21) “Physician” means an individual authorized to practice medicine or osteopathy under the law of any state.

(22) “Procurement organization” means an eye bank, an organ procurement organization, or a tissue bank.

(23) “Prospective donor” means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. The term does not include an individual who has made a refusal.

(24) “Reasonably available” means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift.

(25) “Recipient” means an individual into whose body a decedent's part has been or is intended to be transplanted.

(26) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(27) “Refusal” means a record created under section 5250g of this title that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or part.

(28) “Sign” means, with the present intent to authenticate or adopt a record:

(A) to execute or adopt a tangible symbol; or

(B) to attach to or logically associate with the record an electronic symbol, sound, or process.

(29) “State” means a state of the United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(30) “Technician” means an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law. The term includes an enucleator.

(31) “Tissue” means a portion of the human body other than an organ or an eye. The term does not include blood unless the blood is donated for the purpose of research or education.

(32) “Tissue bank” means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue.

(33) “Transplant hospital” means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients.
18 V.S.A. § 7510 — VT Code / Title 18 / Chapter 179 / Section 7510
§ 7510. Preliminary hearing
Status: in_force

(a) Within five days after a person is admitted to a designated hospital for emergency examination, he or she may request the Superior Court to conduct a preliminary hearing to determine whether there is probable cause to believe that he or she was a person in need of treatment at the time of his or her admission.

(b) The court shall conduct the hearing within three working days after the filing of the request. The court shall cause timely notice of the preliminary hearing to be given to the patient or the patient's attorney, the hospital, and the attorney for the applicant.

(c) The individual has the right to be present and represented by legal counsel at the preliminary hearing.

(d) If probable cause to believe that the individual was a person in need of treatment at the time of his or her admission is established at the preliminary hearing, the individual shall be ordered held for further proceedings in accordance with the law. If probable cause is not established, the individual shall be ordered discharged from the hospital and the court shall order him or her returned to the place from which he or she was transported or to his or her home.

(e) Upon a showing of need, the court may grant a reasonable continuance to either the patient's attorney or the attorney for the State.
18 V.S.A. § 5072 — VT Code / Title 18 / Chapter 103 / Section 5072
§ 5072. Notice to parent for correction or completion
Status: in_force

Within three months after each birth that occurs in the State, except for the birth of a child known to have died or to have been surrendered for adoption, the State Registrar shall send a notice of birth registration to the parents of the child. The notice shall contain the pertinent facts such as the child's full name, date and place of birth, and the names of the parents, with instructions and a form on which to apply for corrections or additions.
18 V.S.A. § 4673 — VT Code / Title 18 / Chapter 91 / Section 4673
§ 4673. Limitations on liability
Status: in_force

Except in cases of bad faith, gross negligence, intentional misconduct, or noncompliance with the rules adopted pursuant to section 4672 of this chapter, the following persons shall not be subject to civil or criminal liability or professional disciplinary action for participating in or otherwise complying with the program established by this subchapter or rules adopted pursuant to this subchapter:

(1) a person who donates or gives drugs to an eligible recipient, including a drug manufacturer; wholesaler; reverse distributor pharmacy; third-party logistics provider; governmental entity; hospital or other health care facility, as defined in section 9432 of this title; or long-term care facility licensed under 33 V.S.A. chapter 71;

(2) an eligible recipient, as defined by the Agency by rule pursuant to subdivision 4672(4) of this chapter;

(3) a health care provider, as defined in section 9402 of this title, who prescribes or dispenses a donated drug;

(4) an intermediary that helps administer the program by facilitating the donation or transfer of drugs to eligible recipients;

(5) a manufacturer or repackager of a donated drug; and

(6) any employee, volunteer, trainee, or other staff of any person listed in subdivisions (1)–(5) of this section.
18 V.S.A. § 9052 — VT Code / Title 18 / Chapter 209 / Section 9052
§ 9052. Transfer of patients
Status: in_force

The Compact Administrator shall consult with the immediate family of any person whom he or she proposes to transfer from a State institution to an institution in another state which is a party to this compact and shall take final action as to the transfer of such person only with the approval of the Superior Court of the unit of original commitment.
18 V.S.A. § 1801 — VT Code / Title 18 / Chapter 41 / Section 1801
§ 1801. Definitions
Status: repealed

As used in this chapter:

(1) [Repealed.]

(2) “The federal act” means Title VI of the Public Health Service Act (42 U.S.C. § 201 et seq.) as now and hereafter amended.

(3) “Hospital” includes public health centers and general, tuberculosis, mental, chronic disease, and other type of hospitals and related facilities, such as laboratories, out-patient departments, nurses' homes and training facilities, and central service facilities, operated in connection with hospitals, but does not include any hospital furnishing primarily domiciliary care.

(4) “Medical facilities” means diagnostic or diagnostic and treatment centers, rehabilitation facilities and nursing homes as those terms are defined in the federal act, and such other medical facilities for which federal aid may be authorized under the federal act.

(5) “Nonprofit hospital” and “nonprofit medical facility” mean any hospital or medical facility owned and operated by one or more nonprofit corporations or associations, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.

(6) “Public health center” means a publicly owned facility for the provision of public health services, including related facilities such as laboratories, clinics, and administrative offices operated in connection with public health centers.

(7) “The Secretary of Health and Human Services” means the Secretary of Health and Human Services of the United States.
18 V.S.A. § 5211 — VT Code / Title 18 / Chapter 107 / Section 5211
§ 5211. Unauthorized burial or removal; penalty
Status: in_force

A person who buries, entombs, transports, or removes the dead body of a person without a burial-transit permit so to do, or in any other manner or at any other time or place than as specified in such permit, shall be subject to a civil penalty of not more than $1,000.00.
18 V.S.A. § 9443 — VT Code / Title 18 / Chapter 221 / Section 9443
§ 9443. Expiration of certificates of need
Status: in_force

(a) Unless otherwise specified in the certificate of need, a project shall be implemented within five years or the certificate shall be invalid.

(b) Not later than 180 days before the expiration date of a certificate of need, an applicant that has not yet implemented the project approved in the certificate of need may petition the Board for an extension of the implementation period. The Board may grant an extension in its discretion.

(c) Certificates of need shall expire on the date the Board accepts the final implementation report filed in connection with the project implemented pursuant to the certificate.

(d) An action or expenditure that is related to a service or expenditure that was the subject of a certificate of need shall not be considered a material or nonmaterial change to that project if the original certificate of need expired, as provided in this section, at least two years before the action is proposed. The proposed action shall require a certificate of need only if the change itself would be considered a new health care project under section 9434 of this title.
18 V.S.A. § 1665 — VT Code / Title 18 / Chapter 33 / Section 1665
§ 1665. Repealed. 2023, No. 131 (Adj. Sess.), § 10, eff. January 1, 2026.
Status: in_force

(a) A manufacturer of class B firefighting foam containing intentionally added PFAS shall provide written notice to persons that sell the manufacturer's products in this State about the restrictions imposed by this chapter not less than one year prior to the effective date of the restrictions.

(b) Unless a class B firefighting foam containing intentionally added PFAS is intended for use at a terminal, and if after January 1, 2024, the person operating a terminal holds a temporary exemption pursuant to subsection (b) of section 1663 of this title, a manufacturer that produces, sells, or distributes a class B firefighting foam containing intentionally added PFAS shall:

(1) recall the product and reimburse the retailer or any other purchaser for the product; and

(2) issue either a press release or notice on the manufacturer's website describing the product recall and reimbursement requirement established in this subsection.
18 V.S.A. § 33 — VT Code / Title 18 / Chapter 1 / Section 33
§ 33. University of Vermont College of Medicine; Medical Student Incentive Scholarship [Repealed effective July 1, 2027]
Status: in_force

(a) The Department of Health, in collaboration with the Office of Primary Care and Area Health Education Centers Program (AHEC) at the University of Vermont College of Medicine and the Vermont Student Assistance Corporation (VSAC), shall establish a Medical Student Incentive Scholarship Program at the University of Vermont College of Medicine. The purpose of the Program is to strengthen the primary care workforce pipeline and increase the number of new physicians practicing in Vermont to meet the health care needs of Vermonters, with a focus on rural areas and undersupplied medical specialties.

(b)(1) Scholarships shall be awarded to up to 10 students annually who commit to practicing in a medical specialty priority area, as set forth in subdivision (c)(2) of this section, in a region of Vermont other than Chittenden County, in a practice site that is not owned by an academic medical center and that accepts patients who are covered by Medicaid, Medicare, or other publicly funded health benefit programs.

(2) Students shall be eligible to participate in the Medical Student Incentive Scholarship Program in their third and fourth year of medical school. A student who receives an incentive scholarship for the third year of medical school shall be eligible to receive another incentive scholarship for the fourth year of medical school.

(3) Each incentive scholarship award shall be for an amount not less than the in-state tuition rate for the University of Vermont College of Medicine.

(c)(1) For each academic year of incentive scholarship received, the recipient shall incur a full-time service obligation of not less than one year in a medical specialty priority area and in a setting that meets the requirements of subdivision (b)(1) of this section.

(2) The medical specialty priority area shall be primary care; approved specialties include family medicine, internal medicine, adult primary care, pediatrics primary care, obstetrics-gynecology, and psychiatry.

(3) An incentive scholarship recipient who does not fulfill the service obligation commitment to practice in Vermont in accordance with the terms of the award shall be liable for repayment of the full amount of the scholarship, plus interest and penalty.

(d)(1) The Medical Student Incentive Scholarship Program shall be administered in compliance with federal financial aid regulations and the Internal Revenue Code.

(2) Payments shall be made directly to the recipient's University of Vermont student financial services account.

(3) The full terms and conditions of the award shall be described in the award contract or promissory note and shall be binding once the contract or note is fully executed.

(4) AHEC and VSAC shall enter into a memorandum of understanding establishing their respective responsibilities for administering the Medical Student Incentive Scholarship Program. The memorandum of understanding shall be subject to the approval of the Department of Health.

(e)(1) The Commissioner of Health, in consultation with AHEC and VSAC, may establish additional recipient eligibility criteria, selection criteria, award terms and conditions, and evidence-based best practices to meet the purposes of the Medical Student Incentive Scholarship Program on an annual basis to best respond to Vermont's needs for physician workforce and access to health care.

(2) The Commissioner of Health may adopt rules in accordance with 3 V.S.A. chapter 25 in order to plan, implement, maintain, and evaluate the Medical Student Incentive Scholarship Program established in this section.

(f) 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. § 3621 — VT Code / Title 18 / Chapter 77 / Section 3621
§ 3621. Insurer audit of pharmacy benefit manager activities
Status: in_force

In order to enable periodic verification of pricing arrangements in administrative-services-only contracts, pharmacy benefit managers shall allow access, in accordance with rules adopted by the Commissioner, by the health insurer who is a party to the administrative-services-only contract to financial and contractual information necessary to conduct a complete and independent audit designed to verify the following:

(1) full pass-through of negotiated drug prices and fees associated with all drugs dispensed to beneficiaries of the health benefit plan in both retail and mail order settings or resulting from any of the pharmacy benefit management functions defined in the contract;

(2) full pass-through of all financial remuneration associated with all drugs dispensed to beneficiaries of the health benefit plan in both retail and mail order settings or resulting from any of the pharmacy benefit management functions defined in the contract; and

(3) any other verifications relating to the pricing arrangements and activities of the pharmacy benefit manager required by the contract if required by the Commissioner.
18 V.S.A. § 9101 — VT Code / Title 18 / Chapter 211 / Section 9101
§ 9101. Definitions
Status: in_force

The words “flight” and “fled” as used in this chapter shall be construed to mean any voluntary or involuntary departure from the jurisdiction of the court where the proceedings hereinafter mentioned may have been instituted and are still pending, with the effect of avoiding, impeding, or delaying the action of the court in which such proceedings may have been instituted or be pending, or any such departure from the state where the person demanded then was, if he or she then were under detention by law as a person of unsound mind and subject to detention. The word “state” wherever used in this chapter, shall include states, territories, districts, and insular and other possessions of the United States. As applied to a request to return any person within the purview of this chapter to or from the District of Columbia, the words “executive authority,” “governor,” and “chief magistrate” respectively shall include a judge of the U.S. District Court for the District of Columbia and other authority.
18 V.S.A. § 1622 — VT Code / Title 18 / Chapter 31 / Section 1622
§ 1622. Administrator
Status: in_force

The compact administrator for this State, as required by article VI of the compact, shall be the Commissioner of Health.
18 V.S.A. § 7505 — VT Code / Title 18 / Chapter 179 / Section 7505
§ 7505. Warrant and certificate for emergency examination
Status: in_force

(a) In emergency circumstances where certification by a licensed physician is not available without serious and unreasonable delay, and when personal observation of the conduct of a person constitutes reasonable grounds to believe that the person is a person in need of treatment, and the person presents an immediate risk of serious injury to self or others if not restrained, a law enforcement officer or mental health professional may make an application, not accompanied by a physician's certificate, to any Superior judge for a warrant for an emergency examination. The application shall be based on facts personally observed by the mental health professional or the law enforcement officer or shall be supported by a statement of facts under penalty of perjury by a person who personally observed the facts that form the basis of the application.

(b)(1) The law enforcement officer may take the person into temporary custody if the law enforcement officer has probable cause to believe that the person poses a risk of harm to self or others. The law enforcement officer or a mental health professional shall apply to the court for the warrant without delay while the person is in temporary custody. The law enforcement officer, or a mental health professional if clinically appropriate, may then transport the person if the law enforcement officer or mental health professional conducting the transport has probable cause to believe that the person poses a risk of harm to self or others.

(2) Transports conducted pursuant to this subsection shall provide individuals with the same protections as provided to individuals in the custody of the Commissioner who are transported pursuant to section 7511 of this title.

(c) If the judge is satisfied that a physician's certificate is not available without serious and unreasonable delay, and that probable cause exists to believe that the person is in need of an emergency examination, the judge may order the person to submit to an evaluation by a licensed physician for that purpose.

(d)(1) If necessary, the court may order the law enforcement officer to transport the person to a hospital for an evaluation by a licensed physician to determine if the person should be certified for an emergency examination.

(2) Transports conducted pursuant to this subsection shall provide individuals with the same protections as provided to individuals in the custody of the Commissioner who are transported pursuant to section 7511 of this title.

(e) Authority to transport a person pursuant to this section shall expire if the person is not taken into custody and transported within 72 hours after a warrant is issued by a Superior judge.

(f) A person transported pursuant to subsection (d) of this section shall be evaluated as soon as possible after arrival at the hospital. If after evaluation the licensed physician determines that the person is a person in need of treatment, the licensed physician shall issue an initial certificate that sets forth the facts and circumstances constituting the need for an emergency examination and showing that the person is a person in need of treatment. Once the licensed physician has issued the initial certificate, the person shall be held for an emergency examination in accordance with section 7508 of this title. If the licensed physician does not certify that the person is a person in need of treatment, the licensed physician shall immediately discharge the person and cause the person to be returned to the place from which the person was taken, or to such place as the person reasonably directs.
18 V.S.A. § 7627 — VT Code / Title 18 / Chapter 181 / Section 7627
§ 7627. Court findings; orders
Status: in_force

(a) The court shall issue an order regarding all possible findings pursuant to this section, and for persons subject to an application pursuant to subdivision 7624(a)(3) of this title, the court shall first find that the person is a person in need of treatment as defined by subdivision 7101(17) of this title.

(b) If a person who is the subject of an application filed under section 7625 of this title has not executed an advance directive, the court shall follow the person's competently expressed written or oral preferences regarding medication, if any, unless the Commissioner demonstrates that the person's medication preferences have not led to a significant clinical improvement in the person's mental state in the past within an appropriate period of time.

(c) If the court finds that there are no medication preferences or that the person's medication preferences have not led to a significant clinical improvement in the person's mental state in the past within an appropriate period of time, the court shall consider at a minimum, in addition to the person's expressed preferences, the following factors:

(1) the person's religious convictions and whether they contribute to the person's refusal to accept medication;

(2) the impact of receiving medication or not receiving medication on the person's relationship with his or her family or household members whose opinion the court finds relevant and credible based on the nature of the relationship;

(3) the likelihood and severity of possible adverse side effects from the proposed medication;

(4) the risks and benefits of the proposed medication and its effect on:

(A) the person's prognosis; and

(B) the person's health and safety, including any pregnancy; and

(5) the various treatment alternatives available, which may or may not include medication.

(d) As a threshold matter, the court shall consider the person's competency. If the court finds that the person is competent to make a decision regarding the proposed treatment or that involuntary medication is not supported by the factors in subsection (c) of this section, the court shall enter a finding to that effect and deny the application.

(e) As a threshold matter, the court shall consider the person's competency. If the court finds that the person is incompetent to make a decision regarding the proposed treatment and that involuntary medication is supported by the factors in subsection (c) of this section, the court shall make specific findings stating the reasons for the involuntary medication by referencing those supporting factors.

(f)(1) If the court grants the application, in whole or in part, the court shall enter an order authorizing the Commissioner to administer involuntary medication to the person. The order shall specify the types of medication, the permitted dosage range, length of administration, and method of administration for each. The order for involuntary medication shall not include electroconvulsive therapy, surgery, or experimental medications. A long-acting injection shall not be ordered without clear and convincing evidence, particular to the patient, that this treatment is the most appropriate under the circumstances.

(2) The order shall require the person's treatment provider to conduct weekly reviews of the medication to assess the continued need for involuntary medication, the effectiveness of the medication, the existence of any side effects, and whether the patient has become competent pursuant to subsection 7625(c) of this title and shall also require the person's treatment provider to document this review in detail in the patient's chart. The person's treatment provider shall notify the Department when he or she determines that the patient has regained competence. Within two days of receipt, the Department shall provide a copy of the notice to the patient's attorney.

(g) For a person receiving treatment pursuant to an order of hospitalization, the Commissioner may administer involuntary medication as authorized by this section to the person for up to 90 days, unless the court finds that an order is necessary for a longer period of time. Such an order shall not be longer than the duration of the current order of hospitalization. If at any time the treating psychiatrist finds that a person subject to an order for involuntary medication has become competent pursuant to subsection 7625(c) of this title, the order shall no longer be in effect.

(h) For a person who had received treatment under an order of hospitalization and is currently receiving treatment pursuant to an order of nonhospitalization, if the court finds that without an order for involuntary medication there is a substantial probability that the person would continue to refuse medication and as a result would pose a danger of harm to self or others, the court may order hospitalization of the person for up to 72 hours to administer involuntary medication as ordered under this section.

(i) The court may authorize future 72-hour hospitalizations of a person subject to an order under subsection (h) of this section to administer involuntary medication for 90 days following the initial hospitalization, unless the court finds that an involuntary medication order is necessary for a longer period of time. Such an order shall not be longer than the duration of the current order of nonhospitalization.

(j) A future administration of involuntary medication authorized by the court under subsection (i) of this section shall occur as follows:

(1) The treating physician shall execute and file with the Commissioner a certification executed under penalty of perjury that states all the following:

(A) the person has refused medication;

(B) the person is not competent to make a decision regarding medication and to appreciate the consequences;

(C) the proposed medications, the dosage range, length of administration, and method of administration; and

(D) the substantial probability that in the near future the person will pose a danger of harm to self or others if not hospitalized and involuntarily medicated.

(2) Depending on the type of medication ordered, the Commissioner shall provide two to 14 days' notice, as set forth in the initial court order, to the court, the person, and the person's attorney. The notice shall be given within 24 hours of receipt by the Commissioner of the physician's certification and shall state that the person may request an immediate hearing to contest the order. The person may be hospitalized in a designated hospital on the date specified in the notice for up to 72 hours in order to administer involuntary medication.

(k) An order for involuntary medication issued under this section shall be effective concurrently with the current order of commitment issued pursuant to section 7623 of this title.

(l) The treating physician shall provide written notice to the court to terminate the order when involuntary medication is no longer necessary.

(m) At any time, the person may petition the court for review of the order.

(n) As used in this section, “household members” means persons living together or sharing occupancy.
18 V.S.A. § 615 — VT Code / Title 18 / Chapter 11 / Section 615
§ 615. Approval of selectboard
Status: in_force

A local health officer shall not incur significant expense to the town or city for the prevention, removal, or destruction of any public health hazard or the mitigation of any public health risk without the consent and approval of the selectboard of such town or city.
18 V.S.A. § 9461 — VT Code / Title 18 / Chapter 221 / Section 9461
§ 9461. Quality measures
Status: in_force

(a) The Department of Financial Regulation shall develop performance quality measures to evaluate and ensure that health insurers, including managed care organizations that contract with health insurers to administer the insurers' mental health benefits, comply with the provisions of 8 V.S.A. § 4072 and related rules.

(b) The Departments of Health and of Mental Health shall develop clinical and performance quality measures to evaluate and ensure that health care professionals and health care facilities in Vermont provide high quality mental health and substance abuse treatment services to their patients.
18 V.S.A. § 2159 — VT Code / Title 18 / Chapter 49 / Section 2159
§ 2159. Rules
Status: in_force

The Department of Health shall adopt rules pursuant to 3 V.S.A. chapter 25 as needed to carry out the purposes of this chapter. The rules shall include requirements regarding:

(1) the ambulatory surgical center's maintenance of a transport agreement with at least one emergency medical services provider for emergency patient transportation;

(2) the ambulatory surgical center's maintenance of a publicly accessible policy for providing charity care to eligible patients; and

(3) the ambulatory surgical center's participation in quality reporting programs offered by the Centers for Medicare and Medicaid Services.
18 V.S.A. § 1771 — VT Code / Title 18 / Chapter 38A / Section 1771
§ 1771. Policy
Status: in_force

It is the policy of the State of Vermont:

(1) to protect public health and the environment by reducing exposure of its citizens and vulnerable populations, such as children, to toxic chemicals, particularly when safer alternatives exist; and

(2) that the State attempt, when possible, to regulate toxic chemicals in a manner that is consistent with regulation of toxic chemicals in other states.
18 V.S.A. § 1103 — VT Code / Title 18 / Chapter 21 / Section 1103
§ 1103. Birth certificate; serological test
Status: in_force

A person required by section 5071 of this title to file a report of birth shall state on the report whether a blood test for syphilis has been made upon a sample of blood taken from the woman who bore the child named in the report and if so shall state the date on which the test was made. In case no such blood test has been made, such fact shall be stated in the report with the reason why such test has not been made. In no event shall the birth certificate state the result of the serological test for syphilis made pursuant to the provisions of this section and section 1102 of this title.
18 V.S.A. § 1667 — VT Code / Title 18 / Chapter 33 / Section 1667
§ 1667. 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. § 1098 — VT Code / Title 18 / Chapter 21 / Section 1098
§ 1098. Examination and treatment by board
Status: in_force

The Commissioner shall provide at the expense of the State facilities for the free laboratory examination of material from suspected cases of venereal disease, and shall furnish hospitalization and other accredited specific treatment at cost or free to such clinical patients as the Commissioner shall deem entitled to such aid. Payment for diagnosis and treatment shall not be furnished until the report required by section 1093 of this title has been made. The Commissioner shall include, in bulletins or circulars distributed by the Department, information concerning such diseases.
18 V.S.A. § 8204 — VT Code / Title 18 / Chapter 193 / Section 8204
§ 8204. What deemed private hospital
Status: in_force

A person who keeps or domiciles upon premises owned or occupied by him or her two or more mentally ill persons for care and treatment shall be deemed the keeper of a private hospital for the mentally ill.
18 V.S.A. § 8205 — VT Code / Title 18 / Chapter 193 / Section 8205
§ 8205. Penalty
Status: in_force

A person who keeps a private hospital for the mentally ill, except as provided in this chapter, shall be fined not more than $500.00.
18 V.S.A. § 5493 — VT Code / Title 18 / Chapter 121 / Section 5493
§ 5493. Judgment on report; costs
Status: in_force

The court may accept or reject the report, render judgment thereon, tax costs as it deems just, and issue execution for damages and costs.
18 V.S.A. § 5438 — VT Code / Title 18 / Chapter 121 / Section 5438
§ 5438. Cemetery accounts; annual reports
Status: in_force

(a) A cemetery association shall keep and maintain adequate and correct accounts of its business transactions, which at all reasonable times shall be open to the inspection of every member of such corporation. It shall keep separate and apart from its other funds all monies and property received by it for the perpetual care of the cemetery, community mausoleum, or columbarium that is owned by it or for the lots therein, and it shall keep accurate accounts of such perpetual care funds separate and apart from its accounts of other funds.

(b) The treasurer of such corporation shall make, sign, and file at the annual meeting a report countersigned by the president, concerning the affairs of the corporation and the perpetual care funds, which report shall contain, among other things, a statement as to the amount of the treasurer's bond and a true statement of the total amount of the fund or funds received and set apart for the perpetual care of the lots, cemetery, community mausoleum, and columbarium. Such report shall contain a list of the securities in which such fund or funds are invested, the income received from the fund or funds, all disbursements from such income, and the balance of money or property held and on hand in such fund or funds, and copies thereof shall forthwith be filed with the town clerk of the town and with the Probate Division of the Superior Court for the district in which the cemetery, community mausoleum, or columbarium is situated.
18 V.S.A. § 2355 — VT Code / Title 18 / Chapter 53 / Section 2355
§ 2355. Revocation of license; hearing [Effective January 1, 2027 or on effective date of rules]
Status: in_force

The Department of Health, after notice and opportunity for hearing to the applicant or licensee, is authorized to condition, deny, suspend, or revoke a license in any case in which it finds that there has been a substantial failure to comply with the requirements established under this chapter. Such notice shall be served by registered mail or by personal service, shall set forth the reasons for the proposed action, and shall set a date not less than 60 days from the date of the mailing or service on which the applicant or licensee shall be given opportunity for a hearing. After the hearing, or upon default of the applicant or licensee, the Department shall file its findings of fact and conclusions of law. A copy of the findings and decision shall be sent by registered mail or served personally upon the applicant or licensee. The procedure governing hearings authorized by this section shall be set forth in the rules adopted pursuant to section 2359 of this chapter and shall not be subject to the contested case provisions of 3 V.S.A. chapter 25, subchapter 2.
18 V.S.A. § 5380 — VT Code / Title 18 / Chapter 121 / Section 5380
§ 5380. Auditors
Status: in_force

The town auditors shall audit such statement, file it in the office of the town clerk, and include the whole or a summary thereof in their annual report.
18 V.S.A. § 7258 — VT Code / Title 18 / Chapter 174 / Section 7258
§ 7258. Review of adverse community events
Status: in_force

The Department of Mental Health shall establish a system that ensures the comprehensive review of a death or serious bodily injury occurring outside an acute inpatient hospital when the individual causing or victimized by the death or serious bodily injury is in the custody of the Commissioner or had been in the custody of the Commissioner within six months of the event. The Department shall review each event for the purpose of determining whether the death or serious bodily injury was the result of inappropriate or inadequate services within the mental health system and, if so, how the failure shall be remedied.
18 V.S.A. § 4352 — VT Code / Title 18 / Chapter 85 / Section 4352
§ 4352. Application
Status: in_force

Prior to operating an establishment in which food is prepared and served or in which three or more lodging units are offered to the public, a person shall apply to the Commissioner upon forms supplied by the Department and shall pay a license fee as provided by section 4353 of this title. An application for licensure shall be submitted no fewer than 30 days prior to the opening of a food or lodging establishment. Upon receipt of such license fee and when satisfied that the premises are sanitary and healthful in accordance with the provisions of this chapter and related rules, the Commissioner shall issue a license to the applicant with respect to the premises described in the application.
18 V.S.A. § 8201 — VT Code / Title 18 / Chapter 193 / Section 8201
§ 8201. Commissioner may license private hospital
Status: in_force

After due investigation, the Commissioner may license for not less than two nor more than six years any suitable person to keep a private hospital for the mentally ill, which shall be subject to visitations from the Commissioner. A license granted under this section shall exempt the licensee from the licensing requirements of section 1901 et seq. of this title.
18 V.S.A. § 1093 — VT Code / Title 18 / Chapter 21 / Section 1093
§ 1093. Examination and report
Status: in_force

Whenever the Commissioner shall receive information from an authoritative source to the effect that a person is suspected of being infected with an infectious venereal disease and is likely to infect or to be the source of infection of another person, the Commissioner shall cause a medical examination to be made of such person, for the purpose of ascertaining whether or not such person is in fact infected with such disease in a communicable stage, and such person shall submit to such examination and permit specimens of blood or bodily discharges to be taken for laboratory examinations as may be necessary to establish the presence or absence of such disease or infection, and such person may be detained until the results of such examinations are known. The required examination shall be made by a physician licensed to practice in this State, or a licensed physician designated by the person to be examined. Such licensed physician making such examination shall report thereon to the Commissioner and to the person examined.
18 V.S.A. § 4086 — VT Code / Title 18 / Chapter 82 / Section 4086
§ 4086. Menus and menu boards
Status: in_force

(a) Restaurants and similar food establishments that are part of a chain with 20 or more locations doing business under the same name and offering for sale substantially the same menu items shall disclose on the menu and on the menu board:

(1) adjacent to the name of each standard menu item the number of calories contained in the item; and

(2) a succinct statement concerning suggested daily caloric intake.

(b) This section shall not apply to alcoholic beverages or to grocery stores except for separately owned food facilities to which this section otherwise applies that are located in a grocery store. For purposes of this section, grocery stores include convenience stores.

(c) If at any time subsection (a) or (b) of this section, or both, are preempted by federal law, then restaurants and similar food establishments that are part of a chain with 20 or more locations doing business under the same name and offering for sale substantially the same menu items shall comply with the menu labeling provisions of the applicable federal statutes and regulations.

(d) A violation of this section shall be deemed a violation of the Consumer Protection Act, 9 V.S.A. chapter 63, provided that no private right of action shall arise from the provisions of this section. The Attorney General has the same authority to make rules, conduct civil investigations, enter into assurances of discontinuance, and bring civil actions as provided under 9 V.S.A. chapter 63, subchapter 1.
18 V.S.A. § 5317 — VT Code / Title 18 / Chapter 121 / Section 5317
§ 5317. Tax exemptions
Status: in_force

Except as otherwise provided in this chapter, all cemetery lands, buildings, and property, and the proceeds thereof, as defined in this chapter, which have been platted and devoted to or held exclusively for cemetery purposes, including donations or gifts and held in trust or otherwise, and all other funds held for the improvement, maintenance, repair, and ornamentation of such cemetery, together with the income therefrom and all other revenues and income shall be exempt from taxation.
18 V.S.A. § 3601 — VT Code / Title 18 / Chapter 77 / Section 3601
§ 3601. Purpose
Status: reserved

The purpose of this chapter is to establish standards and criteria for the licensure and regulation of pharmacy benefit managers providing claims processing services or other prescription drug or device services for health benefit plans by:

(1) promoting, preserving, and protecting the public health, safety, and welfare through effective regulation and licensure of pharmacy benefit managers;

(2) promoting the solvency of the commercial health insurance industry, the regulation of which is reserved to the states by the McCarran-Ferguson Act, 15 U.S.C. §§ 1011–1015, as well as providing for consumer savings and for fairness in prescription drug benefits;

(3) providing for the powers and duties of the Commissioner of Financial Regulation; and

(4) prescribing penalties and fines for violations of this chapter.
18 V.S.A. § 4229 — VT Code / Title 18 / Chapter 84 / Section 4229
§ 4229. Maintenance of records
Status: in_force

Notwithstanding the provisions of sections 4202, 4210, 4213, and 4215 of this title relating to the maintenance of records, all rules adopted by the Department of Health and the Board of Pharmacy governing the records for the manufacturing, distribution, and dispensation of regulated drugs shall be in accordance with the similar requirements set by the federal government under the Controlled Substances Act so that compliance with Department of Health and Board of Pharmacy rules will result in compliance with federal laws and regulations.
18 V.S.A. § 7112 — VT Code / Title 18 / Chapter 171 / Section 7112
§ 7112. Appeals
Status: in_force

A patient may appeal any decision of the Board. The appeal shall be to the Family Division of the Superior Court of the county where the hospital is located. The appeal shall be taken in such manner as the Supreme Court may by rule provide, except that there shall not be any stay of execution of the decision appealed from.
18 V.S.A. § 8103 — VT Code / Title 18 / Chapter 191 / Section 8103
§ 8103. Voluntary payments
Status: in_force

The Commissioner may accept from any interested party any payment for the care and treatment of any patient, even if such payment is not required by an order of the Commissioner under section 8101 of this title, so long as the total payments received under section 8101 and this section do not exceed the actual cost of care and treatment.
18 V.S.A. § 1057 — VT Code / Title 18 / Chapter 21 / Section 1057
§ 1057. Medical management
Status: in_force

(a) When the Commissioner of Health determines, as a result of an examination as provided by sections 1055 and 1056 of this title, that any person has tuberculosis in an active stage and in communicable form to an extent that the person may expose other persons or the public generally to danger of infection, the Commissioner shall investigate the circumstances thereof and if the Commissioner finds that the person does constitute a health hazard to the public, the Commissioner may request the court to order the person to a hospital or other suitable place and require appropriate medical management of the person until the Commissioner determines that the management is no longer necessary. Such medical care and treatment as the Commissioner of Health considers necessary and proper may be furnished to the sick person at the expense of the State. Treatment shall not be imposed on any person against the person's will unless the Commissioner determines that the person constitutes a public health hazard without such treatment.

(b) Nothing in sections 1055 to 1061 of this title shall be construed to compel any person who is being treated by prayer or spiritual means alone in accordance with the tenets and practice of a well-recognized church or religious denomination by a duly accredited practitioner to be medically managed in a place to which he or she objects as long as suitable healing methods or isolation can be maintained in a place of his or her own choosing, provided that he or she does not constitute a public health hazard as determined by the Commissioner, and that all sanitation rules are complied with.
18 V.S.A. § 9602 — VT Code / Title 18 / Chapter 229 / Section 9602
§ 9602. Office of the Health Care Advocate; composition
Status: in_force

(a) The Office of the Health Care Advocate is established as an independent voice for Vermonters that is dedicated to promoting access to high-quality, affordable health care for all.

(b) The Agency of Human Services shall maintain the Office of the Health Care Advocate by contract with any nonprofit organization.

(c) The Office shall be administered by one or more directors, one of whom shall be the Chief Health Care Advocate, who shall be an individual with expertise and experience in the fields of health care and advocacy. The director or directors may employ legal counsel, administrative staff, and other employees and contractors as needed to carry out the duties of the Office.
18 V.S.A. § 9431 — VT Code / Title 18 / Chapter 221 / Section 9431
§ 9431. Policy and purpose
Status: repealed

(a) It is declared to be the public policy of this State that the general welfare and protection of the lives, health, and property of the people of this State require that all new health care projects be offered or developed in a manner that avoids unnecessary duplication and contains or reduces increases in the cost of delivering services, while at the same time maintaining and improving the quality of and access to health care services, and promoting rational allocation of health care resources in the State; and that the need, cost, type, level, quality, and feasibility of providing any new health care project be subject to review and assessment prior to any offering or development.

(b) [Repealed.]
18 V.S.A. § 603 — VT Code / Title 18 / Chapter 11 / Section 603
§ 603. Repealed. 2021, No. 181 (Adj. Sess.), § 3, eff. June 7, 2022.
Status: repealed

(Repealed. 2021, No. 181 (Adj. Sess.), § 3, eff. June 7, 2022.)
18 V.S.A. § 1908 — VT Code / Title 18 / Chapter 43 / Section 1908
§ 1908. Rules; exceptions
Status: in_force

(a) The licensing agency shall adopt and enforce rules and standards with respect to the different types of hospitals to be licensed under this chapter as may be designed to further the accomplishment of the purposes set forth in this chapter; such rules and standards shall be modified, amended, or rescinded from time to time by the licensing agency as may be in the public interest.

(b) No such rules and standards shall be adopted or enforced that would have the effect of denying a license to a hospital solely by reason of the school or system of practice employed or permitted to be employed by physicians therein, provided that such school or system of practice is recognized by the laws of the State. Provided, however, that no rule or requirement shall be made under this chapter for any hospital conducted for those who rely upon treatment by spiritual means or prayer in accordance with the creed or tenets of any recognized church or religious denomination, except as to the sanitary and safe condition of the premises, cleanliness of operation, and its physical equipment.
18 V.S.A. § 1915 — VT Code / Title 18 / Chapter 43A / Section 1915
§ 1915. Hospital obligations
Status: in_force

The rules adopted pursuant to this chapter shall require hospitals to:

(1) develop, maintain, and implement internal policies and procedures that meet the standards of the Department to:

(A) identify, track, and analyze reportable adverse events, adverse events, and near misses;

(B) determine what type of causal analysis, if any, is appropriate;

(C) conduct causal analyses and develop corrective action plans; and

(D) disclose to patients, or, in the case of a patient death, an adult member of the immediate family, at a minimum, adverse events that cause death or serious bodily injury;

(2) report reportable adverse events to the Department;

(3) provide the Department with copies of its causal analysis and corrective action plan in connection with each reportable adverse event;

(4) for reportable adverse events that must also by law be reported to other departments or agencies, notify the Department of Health or provide a copy of any written report and provide any causal analysis information required by the Department; and

(5) for the purpose of evaluating a hospital's compliance with the provisions of this chapter, provide the Commissioner and designees reasonable access to:

(A) 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; and

(B) the minutes and records of a peer review committee and any other information subject to peer review protection under 26 V.S.A. § 1443.
18 V.S.A. § 7111 — VT Code / Title 18 / Chapter 171 / Section 7111
§ 7111. Right to legal counsel
Status: in_force

In any proceeding before, or notice to, a court of this State involving a patient or student, or a proposed patient or student, that person shall be afforded counsel, and if the patient or student or proposed patient or student is unable to pay for counsel, compensation shall be paid by the State to counsel assigned by the court; however, this section shall not apply to a proceeding under section 7505 of this title.
18 V.S.A. § 9405a — VT Code / Title 18 / Chapter 221 / Section 9405a
§ 9405a. Public participation and strategic planning
Status: in_force

(a) Each hospital shall have a protocol for meaningful public participation in its strategic planning process for identifying and addressing health care needs that the hospital provides or could provide in its service area. Needs identified through the process shall be integrated with the hospital's long-term planning. Each hospital shall post on its website a description of its identified needs, strategic initiatives developed to address the identified needs, annual progress on implementation of the proposed initiatives, opportunities for public participation, and the ways in which the hospital ensures 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. Hospitals may meet the community health needs assessment and implementation plan requirement through compliance with the relevant Internal Revenue Service community health needs assessment requirements for nonprofit hospitals.

(b) When a hospital is working on a new community health needs assessment, the hospital shall post on its website information about the process for developing the community needs assessment and opportunities for public participation in the process.
18 V.S.A. § 1059 — VT Code / Title 18 / Chapter 21 / Section 1059
§ 1059. Leaving compulsory medical management
Status: in_force

A person who is managed by order of the court shall not leave the place of compulsory medical management without the permission in writing of the court or the Commissioner of Health. That permission may constitute a final discharge or be for a specified period of time. In either case the Commissioner of Health may impose such conditions as the Commissioner considers reasonable, including requirements for periodic examinations. Any person so managed who leaves the place of management without permission, or who fails to return to the place of management within the time prescribed, may be returned to the place of management without further court order and the Commissioner of Health may direct any officer specified in section 1058 of this title, in writing, to apprehend the person and immediately return the person to the place of management.
18 V.S.A. § 5250z — VT Code / Title 18 / Chapter 110 / Section 5250z
§ 5250z. Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

This act modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(a) of that act, 15 U.S.C. Section 7001, or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
18 V.S.A. § 7107 — VT Code / Title 18 / Chapter 171 / Section 7107
§ 7107. Extramural work
Status: in_force

Any hospital in the State dealing with mental health may do, or procure to be done, extramural work in the way of prevention, observation, care, and consultation with respect to mental health.
18 V.S.A. § 9372 — VT Code / Title 18 / Chapter 220 / Section 9372
§ 9372. Purpose
Status: in_force

It is the intent of the General Assembly to create an independent board to promote the general good of the State by:

(1) improving the health of the population;

(2) reducing the per-capita rate of growth in expenditures for health services in Vermont across all payers while ensuring that access to care and quality of care are not compromised;

(3) enhancing the patient and health care professional experience of care;

(4) recruiting and retaining high-quality health care professionals; and

(5) achieving administrative simplification in health care financing and delivery.
18 V.S.A. § 128 — VT Code / Title 18 / Chapter 3 / Section 128
§ 128. Appeal
Status: in_force

(a) Any person aggrieved by an act, decision, or order of the Commissioner, local board of health, or selectboard pursuant to this title may appeal within 30 days to the Superior Court of the county in which such person resides or maintains a place of business. The court shall consider the matter de novo, and all persons and parties in interest, as determined by court rule, may appear and be heard.

(b) An appeal from the decision of the Superior Court shall be to the Vermont Supreme Court.
18 V.S.A. § 5144a — VT Code / Title 18 / Chapter 105 / Section 5144a
§ 5144a. Temporary officiant for marriages
Status: in_force

(a) By registering with the Secretary of State, an individual may temporarily be authorized to solemnize a marriage in this State. When registering, the individual shall provide:

(1) A completed registration form provided by the Secretary of State.

(2) A $100.00 fee.

(b) Upon registration as a temporary officiant, the individual shall be authorized to solemnize only the civil marriage designated on the registration form, and shall receive proof of that authority from the Secretary of State. The individual's authority to solemnize that civil marriage shall expire at the same time as the corresponding license.
18 V.S.A. § 5440 — VT Code / Title 18 / Chapter 121 / Section 5440
§ 5440. Merger of cemetery associations
Status: in_force

(a) An incorporated cemetery association or society, whether chartered by special act of the General Assembly or organized under articles of association, may merge with another incorporated association or society in the same town, thereby forming a new corporation under such name as may be designated in the articles of association hereinafter referred to.

(b) Such merger shall be made by vote of a majority of the trustees or directors of each corporation. When so made, certified copies of the proceedings shall be forwarded to the Secretary of State.

(c) The trustees of each such corporation may authorize the secretary thereof to sign the name of such corporation to the articles of association of the new corporation, and authorize one or more other persons to sign such articles of association. Such articles shall be filed with the Secretary of State. The articles shall set forth the name of the new corporation and they shall conform generally to the provisions of 11B V.S.A. chapter 1. When such articles are filed and recorded by the Secretary of State, all right, title, and interest in all property owned by each, and in trust funds held by each, shall vest in such new corporation, and the corporate functions of each of the corporations so merged shall cease after such new corporation has completed its organization.
18 V.S.A. § 608 — VT Code / Title 18 / Chapter 11 / Section 608
§ 608. Inspection of schoolhouses and public buildings
Status: in_force

The health officer, under the direction of the Commissioner, shall make a sanitary survey of each schoolhouse, all school lunch facilities, and any building used for public purposes and annually in the month of February report to the Commissioner and to the city council or the annual town meeting, as the case may be.
18 V.S.A. § 7205 — VT Code / Title 18 / Chapter 173 / Section 7205
§ 7205. Supervision of institutions
Status: in_force

(a) The Department of Mental Health shall operate the Vermont State Hospital or its successor in interest and shall be responsible for patients receiving involuntary treatment.

(b) The Commissioner of the Department of Mental Health, in consultation with the Secretary, shall appoint a Chief Executive Officer of the Vermont State Hospital or its successor in interest to oversee the operations of the hospital. The Chief Executive Officer position shall be an exempt position.
18 V.S.A. § 7704 — VT Code / Title 18 / Chapter 183 / Section 7704
§ 7704. Mechanical restraints
Status: in_force

Mechanical restraints shall not be applied to a patient unless it is determined by the head of the hospital or the head of the hospital's designee to be required by the medical needs of the patient or the hospital. Every use of a mechanical restraint and the reasons for the use of the mechanical restraint shall be made a part of the clinical record of the patient under the signature of the head of the hospital or the head of the hospital's designee.
18 V.S.A. § 4466 — VT Code / Title 18 / Chapter 85 / Section 4466
§ 4466. Inspection
Status: in_force

(a) The Commissioner may inspect through his or her duly authorized officers, inspectors, agents, or assistants, at all reasonable times, a short-term rental and the operator's records related to the short-term rental.

(b) Whenever an inspection demonstrates that the short-term rental is not operated in accordance with applicable provisions of this chapter, the officer, inspector, agent, or assistant shall notify the operator of the conditions found and shall direct necessary changes.

(c) Nothing in this section shall be construed to supersede the authority and responsibilities of the Division of Fire Safety. The Division's Executive Director shall inform the Commissioner in a timely manner of any enforcement actions that the Division has taken against the operator of a short-term rental.
18 V.S.A. § 8705 — VT Code / Title 18 / Chapter 204 / Section 8705
§ 8705. Sterilization; policy
Status: in_force

(a) It is the policy of the State of Vermont to allow voluntary and involuntary sterilizations of adults with an intellectual disability under circumstances that will ensure that the best interests and rights of such persons are fully protected. In accordance with this policy, a person with an intellectual disability, as defined in 1 V.S.A. § 146, may not be sterilized without his or her consent unless there is a prior hearing in the Superior Court as provided in this chapter. A person with an intellectual disability under 18 years of age shall not be sterilized.

(b) Sterilization is defined to mean a surgical procedure, the purpose of which is to render an individual incapable of procreating.
18 V.S.A. § 1332 — VT Code / Title 18 / Chapter 26 / Section 1332
§ 1332. Certification
Status: in_force

Any person may apply to the Commissioner for certification as an asbestos contractor permitted to perform asbestos abatement in the State of Vermont. Certification shall be granted to any person who meets the standards for certified asbestos contractors established by the Commissioner by rule. The Commissioner shall provide proof of certification to all successful applicants. The Commissioner shall maintain and, upon request, make available a list of asbestos contractors certified under this chapter. The Commissioner shall, by rule, establish procedures to be followed under this chapter.
18 V.S.A. § 1809 — VT Code / Title 18 / Chapter 41 / Section 1809
§ 1809. Minimum standards for hospital and medical facilities maintenance and operation
Status: in_force

The Department shall, by rule, prescribe minimum standards for the maintenance and operation of hospitals and medical facilities that receive federal aid for construction under the State plan.
18 V.S.A. § 7801 — VT Code / Title 18 / Chapter 185 / Section 7801
§ 7801. Application for discharge
Status: in_force

(a) A patient who has been ordered hospitalized may apply for discharge to the Criminal Division of the Superior Court within which the hospital is located. A patient who has been ordered to receive treatment other than hospitalization may apply for discharge to the Criminal Division of the Superior Court that originally entered the order; the court in its discretion may transfer the matter, for the convenience of witnesses or for other reasons, to the Criminal Division of the Superior Court within which the treatment is centered or in which the patient resides. Applications may be made no sooner than 90 days after the issuance of an order of continued treatment or no sooner than six months after the filing of a previous application under this section.

(b) The hearing on the application for discharge shall be held in accordance with the procedures set forth in sections 7613, 7614, 7615, and 7616 of this title.

(c) If the court finds that the applicant is not a patient in need of further treatment, it shall order the patient discharged.

(d) If the court finds that the applicant is a patient in need of further treatment, it shall deny the application and order continued treatment for an indeterminate period in accordance with subsections 7621(b), (c), and (d) of this title.
18 V.S.A. § 2358 — VT Code / Title 18 / Chapter 53 / Section 2358
§ 2358. Records [Effective January 1, 2027 or on effective date of rules]
Status: in_force

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

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

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

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

(b) The provisions of subsection (a) of this section shall not apply to the summary reports of violations required to be posted on the Department's website pursuant to section 2357 of this chapter.
18 V.S.A. § 7612 — VT Code / Title 18 / Chapter 181 / Section 7612
§ 7612. Application for involuntary treatment
Status: in_force

(a) An interested party may, by filing a written application, commence proceedings for the involuntary treatment of an individual by judicial process.

(b) The application shall be filed in the Family Division of the Superior Court.

(c) If the application is filed under section 7508 or 7620 of this title, it shall be filed in the unit of the Family Division of the Superior Court in which the hospital is located. In all other cases, it shall be filed in the unit in which the proposed patient resides. In the case of a nonresident, it may be filed in any unit. The court may change the venue of the proceeding to the unit in which the proposed patient is located at the time of the trial.

(d) The application shall contain:

(1) The name and address of the applicant.

(2) A statement of the current and relevant facts upon which the allegation of mental illness and need for treatment is based. The application shall be signed by the applicant under penalty of perjury.

(e) The application shall be accompanied by:

(1) a certificate of a licensed physician, which shall be executed under penalty of perjury stating that the physician has examined the proposed patient within five days after the date the petition is filed and is of the opinion that the proposed patient is a person in need of treatment, including the current and relevant facts and circumstances upon which the physician's opinion is based; or

(2) a written statement by the applicant that the proposed patient refused to submit to an examination by a licensed physician.

(f) Before an examining physician completes the certificate of examination, the examining physician shall consider available alternative forms of care and treatment that might be adequate to provide for the person's needs without requiring hospitalization. The examining physician shall document on the certificate the specific alternative forms of care and treatment that the examining physician considered and why those alternatives were deemed inappropriate, including information on the availability of any appropriate alternatives.

(g) If the Commissioner seeks to have the patient receive treatment in a secure residential recovery facility or a psychiatric residential treatment facility for youth, the application for an order authorizing treatment shall expressly state that such treatment is being sought. The application shall contain, in addition to the statements required by subsections (d) and (e) of this section, a statement setting forth the reasons for the Commissioner's determination that clinically appropriate treatment for the patient's condition can be provided safely only in a secure residential recovery facility or a psychiatric residential treatment facility for youth, respectively.
18 V.S.A. § 2156 — VT Code / Title 18 / Chapter 49 / Section 2156
§ 2156. Inspections
Status: in_force

The Department of Health shall make or cause to be made such inspections and investigations as it deems necessary. If the Department finds a violation as the result of an inspection or investigation, the Department shall post a report on the Department's website summarizing the violation and any corrective action required.
18 V.S.A. § 7207 — VT Code / Title 18 / Chapter 173 / Section 7207
§ 7207. Commissioner of Mental Health; appointment; qualifications
Status: in_force

The Secretary shall appoint a Commissioner of Mental Health, as provided in 3 V.S.A. § 3051, who shall be a mental health care professional who has had educational and practical experience in the field of mental health.
18 V.S.A. § 4024 — VT Code / Title 18 / Chapter 81 / Section 4024
§ 4024. Wood or methyl alcohol; sale for medicinal purposes
Status: in_force

(a) A person shall not sell, offer, or expose for sale or have in his or her custody, possession, or control with intent to distribute or sell any commodity, food, drug, preparation, or mixture of any kind whatever intended for internal use, which contains methyl or wood alcohol, or sell, offer, or expose for sale or distribution, or have in his or her custody, possession, or control with intent to distribute, sell, furnish, or use upon or apply to the body of another, any drug, hair tonic, bay rum, or similar preparation intended for external use, which contains methyl or wood alcohol. Nothing in this section shall apply to veterinary remedies containing methyl or wood alcohol when such remedies are plainly and distinctly labeled in such manner as to indicate that they are intended solely for external use on animals.

(b) A person who violates a provision of this section shall be imprisoned not more than three months or fined not more than $100.00 nor less than $5.00, or both.
18 V.S.A. § 902 — VT Code / Title 18 / Chapter 17 / Section 902
§ 902. Definitions
Status: in_force

As used in this chapter, unless the context requires otherwise, words and phrases shall have the meaning given in 24 V.S.A. § 2651.
18 V.S.A. § 2255 — VT Code / Title 18 / Chapter 51 / Section 2255
§ 2255. Extension of lien
Status: in_force

In the event that a hospital entitled to a lien under this chapter shall have served a notice as provided for by 33 V.S.A. § 821, the lien herein provided for shall extend to the town receiving such notice, provided that the town so served shall follow the provisions of sections 2252 and 2253 of this title.
18 V.S.A. § 508 — VT Code / Title 18 / Chapter 9 / Section 508
§ 508. Medical examiners; appointment; term
Status: in_force

(a) The Chief Medical Examiner may appoint regional medical examiners, who shall be licensed doctors of medicine or osteopathy geographically distributed throughout the State. A regional medical examiner may be licensed in Vermont or in another state. The regional medical examiners shall serve indefinite terms at the pleasure of the Chief Medical Examiner.

(b) The Chief Medical Examiner may appoint assistant medical examiners to assist in performing the duties of the Chief Medical Examiner. An assistant medical examiner shall be an individual with extensive experience in the medical profession, which may include medicine, nursing, emergency medical work, or any other medical profession deemed by the Chief Medical Examiner to provide sufficient health care experience, including an individual licensed in a medical profession in another state. An assistant medical examiner shall serve at the pleasure of and be under the direction and supervision of the Chief Medical Examiner. The Chief Medical Examiner may assign assistant medical examiners to work under the supervision of a regional medical examiner. An assistant medical examiner shall not perform autopsies except within his or her defined scope of practice.

(c) An assistant medical examiner shall meet the training and certification requirements established by the Chief Medical Examiner and approved by the Commissioner.
18 V.S.A. § 8715 — VT Code / Title 18 / Chapter 204 / Section 8715
§ 8715. Liability; costs
Status: in_force

(a) Sterilizations performed pursuant to this chapter shall be legal and no person shall be civilly or criminally liable for performing a sterilization pursuant to such order of the court; provided, however, that the provisions of this chapter shall not affect any liability that may be incurred as a consequence of the manner in which such sterilization operation is performed.

(b) The cost of evaluations required by sections 8707 and 8709 of this title shall be paid for out of appropriations of the Department of Disabilities, Aging, and Independent Living.
18 V.S.A. § 624 — VT Code / Title 18 / Chapter 11 / Section 624
§ 624. Actions against local health officers
Status: in_force

Actions taken by local health officers or by any other person given authority by chapters 3 and 11 of this title shall be considered to be actions taken by State employees for the purposes of 3 V.S.A. chapter 29 and 12 V.S.A. chapter 189 if such actions occurred within the scope of such person's duties.
18 V.S.A. § 5226 — VT Code / Title 18 / Chapter 107 / Section 5226
§ 5226. Definitions
Status: in_force

As used in this subchapter:

(1) “Estranged” means a physical and emotional separation from the decedent at the time of death, which has existed for a period of time that demonstrates an absence of affection, trust, and regard for the decedent.

(2) “Near relative” means the individuals listed in subdivisions 5227(a)(2) through (5) of this title.

(3) “Right to disposition” means the right to determine the disposition of the remains of a decedent, including the location, manner, and conditions of disposition and arrangements for funeral goods and services.
18 V.S.A. § 127 — VT Code / Title 18 / Chapter 3 / Section 127
§ 127. Emergency health orders
Status: in_force

(a) A health officer may, without a prior hearing, issue an emergency health order when necessary to prevent, remove, or destroy an imminent and substantial public health hazard or to mitigate an imminent and substantial significant public health risk. Such order may include any actions available under section 126 of this title. An emergency health order shall be effective upon actual notice to the person against whom the order is directed.

(b) The health officer may issue an emergency health order only after preparation of a written statement of reasons stating the need for an emergency health order together with the supporting evidence and a statement of procedural rights available under this section. The order, together with the statement and the evidence, shall be made available as soon as possible to the person to whom the order is directed. An emergency order shall be served in person by a health officer or in accordance with the procedures set forth in Rule 4 of the Vermont Rules of Civil Procedure. If the person resides out of state, the emergency health order shall be served on the person against whom the order is sought through certified mail.

(c) A person to whom an emergency health order is directed shall be given the opportunity for a hearing within five business days after the issuance of such order. A person who is in full compliance with an emergency health order may request, and shall be granted, an extension of the hearing date. If the emergency order was issued by the Commissioner, such hearing shall be in front of the Commissioner. If the emergency order was issued by a local health officer, such hearing shall be in front of the selectboard. At the hearing, the person to whom the order is directed shall be given the opportunity to rebut allegations upon which the emergency health order is based. After the hearing, the Commissioner or selectboard shall issue a health order pursuant to section 126 of this title affirming, modifying, or terminating the emergency health order.
18 V.S.A. § 9304 — VT Code / Title 18 / Chapter 215 / Section 9304
§ 9304. Eligibility for guardianship of the person
Status: in_force

Guardianship may be provided to any person with developmental disabilities who:

(1) is at least 18 years of age; and

(2) is in need of supervision and protection for the person's own welfare or the public welfare.
18 V.S.A. § 4235a — VT Code / Title 18 / Chapter 84 / Section 4235a
§ 4235a. Ecstasy
Status: in_force

(a) Possession.

(1) A person knowingly and unlawfully possessing Ecstasy 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 Ecstasy in an amount consisting of two grams or more of one or more preparations, compounds, mixtures, or substances containing Ecstasy 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 Ecstasy in an amount consisting of 20 grams or more of one or more preparations, compounds, mixtures, or substances containing Ecstasy 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 Ecstasy in an amount consisting of seven ounces or more of one or more preparations, compounds, mixtures, or substances containing Ecstasy 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 Ecstasy shall be imprisoned not more than three years or fined not more than $25,000.00, or both. A person knowingly and unlawfully selling Ecstasy 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 Ecstasy in an amount consisting of two grams or more of one or more preparations, compounds, mixtures, or substances containing Ecstasy 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 Ecstasy in an amount consisting of 20 grams or more of one or more preparations, compounds, mixtures, or substances containing Ecstasy shall be imprisoned not more than 20 years or fined not more than $500,000.00, or both.
18 V.S.A. § 3612 — VT Code / Title 18 / Chapter 77 / Section 3612
§ 3612. Prohibited practices
Status: in_force

(a) A participation contract between a pharmacy benefit manager and a pharmacist shall not prohibit, restrict, or penalize a pharmacy or pharmacist in any way from disclosing to any covered person any health care information that the pharmacy or pharmacist deems appropriate, including:

(1) the nature of treatment, risks, or alternatives to treatment;

(2) the availability of alternate therapies, consultations, or tests;

(3) the decision of utilization reviewers or similar persons to authorize or deny services;

(4) the process that is used to authorize or deny health care services; or

(5) information on financial incentives and structures used by the health insurer.

(b) A pharmacy benefit manager shall not prohibit a pharmacy or pharmacist from:

(1) discussing information regarding the total cost for pharmacist services for a prescription drug;

(2) providing information to a covered person regarding the covered person's cost-sharing amount for a prescription drug;

(3) disclosing to a covered person the cash price for a prescription drug; or

(4) selling a more affordable alternative to the covered person if a more affordable alternative is available.

(c) A pharmacy benefit manager contract with a participating pharmacist or pharmacy shall not prohibit, restrict, or limit disclosure of information to the Commissioner, law enforcement, or State and federal government officials, provided that:

(1) the recipient of the information represents that the recipient has the authority, to the extent provided by State or federal law, to maintain proprietary information as confidential; and

(2) prior to disclosure of information designated as confidential, the pharmacist or pharmacy:

(A) marks as confidential any document in which the information appears; and

(B) requests confidential treatment for any oral communication of the information.

(d) A pharmacy benefit manager shall not terminate a contract with or penalize a pharmacist or pharmacy due to the pharmacist or pharmacy:

(1) disclosing information about pharmacy benefit manager practices, except for information determined to be a trade secret under State law or by the Commissioner, when disclosed in a manner other than in accordance with subsection (c) of this section; or

(2) sharing any portion of the pharmacy benefit manager contract with the Commissioner pursuant to a complaint or query regarding the contract's compliance with the provisions of this chapter.

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

(A) the cost-sharing amount under the terms of the health benefit plan, as determined in accordance with subdivision (2) of this subsection (e);

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

(C) the amount the covered person would pay for the drug, after application of any known discounts, if the covered person were paying the cash price.

(2)(A) A pharmacy benefit manager shall attribute any amount paid by or on behalf of a covered person under subdivision (1) of this subsection (e), including any third-party payment, financial assistance, discount, coupon, or any other reduction in out-of-pocket expenses made by or on behalf of a covered person for prescription drugs, toward:

(i) the out-of-pocket limits for prescription drug costs under 8 V.S.A. § 4092;

(ii) the covered person's deductible, if any; and

(iii) to the extent not inconsistent with Sec. 2707 of the Public Health Service Act, 42 U.S.C. § 300gg-6, the annual out-of-pocket maximums applicable to the covered person's health benefit plan.

(B) The provisions of subdivision (A) of this subdivision (2) relating to a third-party payment, financial assistance, discount, coupon, or other reduction in out-of-pocket expenses made on behalf of a covered person shall only apply to a prescription drug:

(i) for which there is no generic drug or interchangeable biological product, as those terms are defined in section 4601 of this title; or

(ii) for which there is a generic drug or interchangeable biological product, as those terms are defined in section 4601 of this title, but for which the covered person has obtained access through prior authorization, a step therapy protocol, or the pharmacy benefit manager's or health benefit plan's exceptions and appeals process.

(C) The provisions of subdivision (A) of this subdivision (2) shall apply to a high-deductible health plan only to the extent that it would not disqualify the plan from eligibility for a health savings account pursuant to 26 U.S.C. § 223.

(f) A pharmacy benefit manager shall not conduct or participate in spread pricing in this State, which means that a pharmacy benefit manager must ensure that the total amount required to be paid by a health benefit plan and a covered person for a prescription drug covered under the plan does not exceed the amount paid to the pharmacy for dispensing the drug.
18 V.S.A. § 5285 — VT Code / Title 18 / Chapter 113 / Section 5285
§ 5285. Limitations on actions
Status: in_force

(a) A physician, nurse, pharmacist, or other person shall not be under any duty, by law or contract, to participate in the provision of a lethal dose of medication to a patient.

(b) A health care facility or health care provider shall not subject a physician, nurse, pharmacist, or other person to discipline, suspension, loss of license, loss of privileges, or other penalty for actions taken in good faith reliance on the provisions of this chapter or refusals to act under this chapter.

(c) No physician, nurse, pharmacist, or other person licensed, certified, or otherwise authorized by law to deliver health care services in this State shall be subject to civil or criminal liability or professional disciplinary action for acting in good faith compliance with the provisions of this chapter.

(d) Except as otherwise provided in this section and sections 5283, 5289, and 5290 of this title, nothing in this chapter shall be construed to limit liability for civil damages resulting from negligent conduct or intentional misconduct by any person.
18 V.S.A. § 5382 — VT Code / Title 18 / Chapter 121 / Section 5382
§ 5382. Town trust funds-Acceptance of property
Status: in_force

A town may take and hold in trust grants, gifts, or bequests of property and apply the same or the income thereof for the care, improvement, or embellishment of its burial grounds or a part thereof, or for the erection, preservation, or removal of a monument, fence, or other structure in or around the same according to the terms of the grant, gift, or bequest.
18 V.S.A. § 9051 — VT Code / Title 18 / Chapter 209 / Section 9051
§ 9051. Administrator
Status: in_force

The Commissioner of Mental Health is hereby designated the Compact Administrator. The Commissioner shall administer the compact set out as subchapter 1 of this chapter with the power and duties therein specified and shall have authority to incur, on behalf of the State, financial obligations necessary for the proper performance of his or her duties under the compact. If any supplementary agreement made under the compact requires or contemplates the use of any institution or facility of the State or other service of the State, the agreement shall not take effect until its relevant provisions are approved by the General Assembly. The Compact Administrator shall cooperate with other officers, departments, and agencies of the State which are affected by the Compact Administrator's actions in the performance of his or her duties.
18 V.S.A. § 124 — VT Code / Title 18 / Chapter 3 / Section 124
§ 124. Voluntary compliance
Status: in_force

(a) When appropriate, the health officer shall make all practicable efforts to secure voluntary compliance. This requirement shall not restrict the health officer's authority to use any enforcement powers authorized by this title or the common law.

(b) Means of securing voluntary compliance may include the following:

(1) encouraging voluntary cooperation by persons and affected groups to achieve the purposes of this title;

(2) encouraging local units of government to handle violation problems within their respective jurisdiction by compact on a cooperative basis and providing technical and consultative assistance for violation problems;

(3) advising, consulting, contacting, and cooperating with other agencies of the State, local governments, industries, other states, interstate or interlocal agencies, and the federal government, and with interested persons or groups; and

(4) encouraging voluntary compliance through warning, conference, or any other similar means.
18 V.S.A. § 7408 — VT Code / Title 18 / Chapter 177 / Section 7408
§ 7408. Electroconvulsive therapy
Status: in_force

The Commissioner shall oversee the use of electroconvulsive therapy in Vermont and may adopt rules to govern the practice of electroconvulsive therapy. The Commissioner's duties shall include:

(1) establishment of a uniform informed consent process, forms, and materials;

(2) oversight and monitoring of all facilities administering electroconvulsive therapy; and

(3) the collection of statistical data on the use of electroconvulsive therapy from all treating facilities.
18 V.S.A. § 5250v — VT Code / Title 18 / Chapter 110 / Section 5250v
§ 5250v. Cooperation between Medical Examiner and procurement organization
Status: in_force

The Chief Medical Examiner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education, except when the Chief Medical Examiner believes such cooperation would be inconsistent with death investigation procedures or would negatively affect a death investigation.
18 V.S.A. § 9332 — VT Code / Title 18 / Chapter 217 / Section 9332
§ 9332. Genetic testing; limitations
Status: in_force

(a) No person shall be required to undergo genetic testing, except as provided in this chapter.

(b) A person may be required to undergo genetic testing in connection with insurance subject to the limitations imposed under section 9334 of this title or if otherwise required by law for the following reasons:

(1) to establish parentage;

(2) to determine the presence of metabolic disorders in a newborn by testing conducted pursuant to newborn screening and protocols;

(3) in connection with a criminal investigation or prosecution;

(4) for remains identification by the chief medical examiner or designee;

(5) for purposes of the State DNA Data Bank, the State DNA Database, and CODIS pursuant to 20 V.S.A. chapter 113, subchapter 4.

(c) Samples collected pursuant to subdivision (b)(1), (2), (3), or (4) of this section or collected voluntarily pursuant to an agreement shall not be utilized for any purpose in connection with the State DNA Data Bank, the State DNA Database, and CODIS unless specifically authorized by 20 V.S.A. chapter 113, subchapter 4.

(d) Except for the provisions of subsection (b) of this section, no genetic testing shall be performed on any individual or body parts of any individual nor shall any bodily materials be released for purposes of genetic testing without the prior written authorization and informed consent of the individual to be tested except for medical research where the identity of the subject is unknown or, if the research shall be conducted with anonymized medical information where individual identifiers are encrypted or encoded and the identity of the individual is not disclosed, or if the identity of the individual is known, where standards of protection are equal to those contained in regulations promulgated by the federal Office for Protection from Research Risk (OPRR).

(e) Except for the provisions of subsection (b) of this section, any results of genetic testing or the fact that an individual has requested genetic services or undergone genetic testing shall be disclosed only pursuant to a written authorization executed by the individual tested or by a person authorized by law to act for the individual.

(f) Except for the provisions of subsection (b) of this section, at the time of suggesting or requesting that an individual consent to genetic testing, the person making the suggestion or request shall advise the individual subject of the test that the results of the test:

(1) may become part of the individual's permanent medical record; and

(2) may be material to the ability of the individual to obtain certain insurance benefits.
18 V.S.A. § 4306 — VT Code / Title 18 / Chapter 85 / Section 4306
§ 4306. Inspection
Status: in_force

(a) It shall be the duty of the Commissioner to enforce the provisions of this chapter and of 6 V.S.A. § 3312(d), and he or she shall be permitted to inspect through his or her duly authorized officers, inspectors, agents, or assistants, at all reasonable times, an establishment, an establishment's records, and a salvage food facility subject to the provisions of this chapter.

(b) Whenever an inspection demonstrates that the establishment or salvage food facility is not operated in accordance with the provision of this chapter, the officer, inspector, agent, or assistant shall notify the licensee of the conditions found and direct necessary changes.
18 V.S.A. § 1551 — VT Code / Title 18 / Chapter 30 / Section 1551
§ 1551. Definitions
Status: in_force

As used in this chapter:

(1) “Maternal mortality” or “maternal death” means:

(A) pregnancy-associated death;

(B) pregnancy-related death; or

(C) pregnancy-associated but not pregnancy-related death.

(2) “Pregnancy-associated death” means the death of a woman while pregnant or within one year following the end of pregnancy, irrespective of cause.

(3) “Pregnancy-associated, but not pregnancy-related death” means the death of a woman while pregnant or within one year following the end of pregnancy due to a cause unrelated to pregnancy.

(4) “Pregnancy-related death” means the death of a woman while pregnant or within one year following the end of pregnancy, irrespective of the duration and site of the pregnancy, from any cause related to or aggravated by her pregnancy or its management, but not from accidental or incidental causes.
18 V.S.A. § 7315 — VT Code / Title 18 / Chapter 175 / Section 7315
§ 7315. Definition
Status: in_force

As used in this chapter, the term “hospital” shall include a secure residential recovery facility as defined in subsection 7620(e) of this title.
18 V.S.A. § 8008 — VT Code / Title 18 / Chapter 189 / Section 8008
§ 8008. Revocation of conditional discharge
Status: in_force

(a) The Board or the head of the hospital may revoke a conditional discharge at any time before that discharge becomes absolute if the patient fails to comply with the conditions of the discharge.

(b) A revocation by the Board or the head of the hospital shall authorize the return of the patient to the hospital and shall be sufficient warrant for a law enforcement officer or mental health professional to take the patient into custody and return him or her to the hospital from which he or she was conditionally discharged.

(c) Immediately upon his or her return to the hospital, the patient shall be examined by a physician who shall orally explain to the patient the purpose of the examination and the reasons why the patient was returned to the hospital.

(d) If the examining physician certifies in writing to the head of the hospital that, in his or her opinion, the patient is a person in need of treatment, setting forth the recent and relevant facts supporting this opinion, the revocation shall become effective and the patient shall be readmitted to the hospital. If the examining physician does not so certify, the revocation shall be cancelled and the patient shall be returned to the place from which he or she was taken.

(e) If the patient is readmitted to the hospital, he or she may apply immediately for a judicial review of his or her admission, and he or she shall be given a written notice of this right and of his or her right to legal counsel.
18 V.S.A. § 4222 — VT Code / Title 18 / Chapter 84 / Section 4222
§ 4222. Common nuisances
Status: in_force

Any store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or any place whatever, that is resorted to by persons for the purpose of using regulated drugs or that is used for the illegal keeping or selling of the same, shall be deemed a common nuisance. No person shall keep or maintain such a common nuisance.
18 V.S.A. § 8401 — VT Code / Title 18 / Chapter 197 / Section 8401
§ 8401. Definitions
Status: in_force

As used in this chapter, “drug addict” means a person who shows signs of mental illness because of his or her use of drugs, hallucinogens, stimulants, or sedatives or who has an uncontrollable desire for their use or consumption.
18 V.S.A. § 613 — VT Code / Title 18 / Chapter 11 / Section 613
§ 613. Powers of local board
Status: in_force

(a) A local board of health may make and enforce rules in such town or city relating to the prevention, removal, or destruction of public health hazards and the mitigation of public health risks, provided that such rules have been approved by the Commissioner. Such rules shall be posted and published in the same manner that ordinances of the municipality are required to be posted and published.

(b) A local board's jurisdiction over sewage disposal includes emergent conditions that create a risk to the public health as a result of sewage treatment and disposal, or its effects on water supply, but does not include the power to adopt ordinances, rules, or regulations relating to design standards for on-site sewage disposal systems. The board may act to abate nuisances affecting public health caused by the failure of a sewage disposal system to:

(1) prevent surfacing of sewage and the creation of a health hazard; or

(2) prevent the pollution or contamination of drinking water supplies, groundwater, and surface water; or

(3) maintain sanitary and healthful conditions during operation.

(c) All rules or ordinances adopted by a local board of health shall be consistent with the purposes, policies, and provisions of this title.
18 V.S.A. § 2252 — VT Code / Title 18 / Chapter 51 / Section 2252
§ 2252. Notice
Status: in_force

The lien shall not be effective, however, unless a written notice containing the name and address of the injured person, the date of the accident, the name and location of the hospital, and the name of the person alleged to be liable is filed in the office of the clerk of the town in which the hospital is located, before the payment of any monies to the injured person, his or her attorneys, or legal representatives as compensation for the injuries; nor unless the hospital also mails, postage prepaid, a copy of the notice with a statement of the date of filing thereof to the injured person, and to the person alleged to be liable before payment to the injured person, his or her attorneys, or legal representative of compensation for the injuries. The hospital shall mail a copy of the notice to any insurance carrier that has insured the person against liability for the accident.
18 V.S.A. § 37 — VT Code / Title 18 / Chapter 1 / Section 37
§ 37. Nurse Faculty Loan Repayment Program
Status: in_force

(a) As used in this section:

(1) “AHEC” means the Vermont Area Health Education Centers program.

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

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

(4) “Loan repayment” means the repayment of loans under this section.

(5) “Loans” means education loans guaranteed, made, financed, serviced, or otherwise administered by an accredited educational lender for attendance at an eligible school.

(6) “Nurse faculty member” or “member of the nurse faculty” means a nurse with a master's or doctoral degree that qualifies the individual to teach at a nursing school in this State.

(7) “Program” means the Nurse Faculty Loan Repayment Program created under this section.

(b) The Nurse Faculty Loan Repayment Program is created and shall be administered by the Department of Health in collaboration with AHEC. The Program provides loan repayment on behalf of individuals who work as nurse faculty members at a nursing school in this State and who meet the eligibility requirements in subsection (d) of this section.

(c) The loan repayment benefits provided under the Program shall be paid on behalf of the eligible individual by AHEC, subject to the appropriation of funds by the General Assembly for this purpose.

(d) To be eligible for loan repayment under the Program, an individual shall satisfy all of the following requirements:

(1) graduated from an eligible school where the individual was awarded a graduate degree in nursing;

(2) work as a member of the nurse faculty at a nursing school in this State; and

(3) be a resident of Vermont.

(e) An eligible individual shall be entitled to an amount of loan repayment under this section for a defined service obligation of not less than one year at a Vermont nursing school.

(f) Loan repayment shall be awarded on a rolling basis, provided funds are available, and any funds remaining at the end of a fiscal year shall carry forward and shall be available to the Department of Health and AHEC in the following fiscal year to award additional loan repayment as set forth in this section.
18 V.S.A. § 9004 — VT Code / Title 18 / Chapter 209 / Section 9004
§ 9004. Aftercare and supervision-Article IV
Status: in_force

(a) Whenever pursuant to the laws of the state in which a patient is physically present, it shall be determined that the patient should receive aftercare or supervision, such care or supervision may be provided in a receiving state. If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state shall have reason to believe that aftercare in another state would be in the best interest of the patient and would not jeopardize the public safety, they shall request the appropriate authorities in the receiving state to investigate the desirability of affording the patient such aftercare in said receiving state and such investigation shall be made with all reasonable speed. The request for investigation shall be accompanied by complete information concerning the patient's intended place of residence and the identity of the person in whose charge it is proposed to place the patient, the complete medical history of the patient and such other documents as may be pertinent.

(b) If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state and the appropriate authorities in the receiving state find that the best interest of the patient would be served thereby, and if the public safety would not be jeopardized thereby, the patient may receive aftercare or supervision in the receiving state.

(c) In supervising, treating, or caring for a patient on aftercare pursuant to the terms of this article, a receiving state shall employ the same standards of visitation, examination, care and treatment that it employs for similar local patients.
18 V.S.A. § 5323 — VT Code / Title 18 / Chapter 121 / Section 5323
§ 5323. Natural burial grounds; exemptions
Status: in_force

(a) A natural burial ground shall not be subject to the following provisions of this chapter:

(1) section 5310 of this title with regard to the method of platting so as to allow the use of any nonstandard method of locating human remains that enables demarcation in the town land record of the exact location and identity of each buried body, such as by mapping, surveying, or use of a global positioning system;

(2) section 5362 of this title;

(3) section 5364 of this title, to the extent that selectboard members or cemetery commissioners need not maintain or repair a fence around a public natural burial ground so long as the perimeter of the natural burial ground is marked in a less obtrusive manner, such as by survey markers; and

(4) section 5371, unless the regulations governing a particular natural burial ground require a marker on a person's grave, in which case the selectboard members of the town or the aldermen of a city where the person is buried shall cause to be erected on the person's grave a marker in keeping with the regulations of that natural burial ground.

(b)(1) A person shall not construct improvements on property used as a natural burial ground, except for improvements that serve as a winter storage facility or that are either educational or devotional in nature and maintain the character of the land.

(2) A deed transferring rights in property used as a natural burial ground shall set forth the prohibition in subdivision (1) of this subsection.
18 V.S.A. § 906b — VT Code / Title 18 / Chapter 17 / Section 906b
§ 906b. Repealed. 2019, No. 166 (Adj. Sess.), § 29.
Status: repealed

(Repealed. 2019, No. 166 (Adj. Sess.), § 29.)
18 V.S.A. § 7611 — VT Code / Title 18 / Chapter 181 / Section 7611
§ 7611. Involuntary treatment
Status: in_force

No person may be made subject to involuntary treatment unless he or she is found to be a person in need of treatment or a patient in need of further treatment.
18 V.S.A. § 7708 — VT Code / Title 18 / Chapter 183 / Section 7708
§ 7708. Surgical operations
Status: in_force

If the superintendent finds that a patient supported by the State requires a surgical operation or that a surgical operation would promote the possibility of his or her discharge from the hospital, the superintendent, with the consent of the patient, his or her attorney, his or her legally appointed guardian, if any, or next of kin, if any be known, may make the necessary arrangements with some surgeon and hospital for the operation. The expense of the operation shall be borne by the State in the same proportion as the patient is supported by the State.
18 V.S.A. § 2061 — VT Code / Title 18 / Chapter 46 / Section 2061
§ 2061. Provisional license
Status: in_force

In the event of the inability of the regular licensed administrator of a nursing home to perform his or her duties or if, through death or other causes, a nursing home is without a licensed administrator, a provisional administrator may, in the discretion of the Director, be issued a provisional license to administer that home for a period not to exceed 90 days from the date on which the regular licensed administrator first ceased to perform his or her duties. The Director shall not renew such a provisional license, nor shall the Director issue a provisional license to any other person to administer a home that has been administered for the preceding 90 days by a provisional administrator.
18 V.S.A. § 9315 — VT Code / Title 18 / Chapter 215 / Section 9315
§ 9315. Review of Commissioner's decision
Status: in_force

A person who is receiving services under this chapter may appeal a decision of the Commissioner in accordance with 3 V.S.A. § 3091 or by petition to the Family Division of the Superior Court.
18 V.S.A. § 2055 — VT Code / Title 18 / Chapter 46 / Section 2055
§ 2055. General requirements for licensure
Status: in_force

A person may not practice nursing home administration in this State unless:

(1) the applicant has made written application for license to the Director, accompanied by satisfactory proof that he or she is at least 18 years of age and is not in violation of the rules regarding this profession or Vermont law;

(2) in the judgment of the Director, the applicant has satisfactorily completed a course of instruction or training and met the requirements adopted by rule; or

(3) the applicant has passed an examination administered by the Director or his or her designee that is designed to test for proficiency and competence and an examination covering Vermont statutes and rules relating to nursing home administration.
18 V.S.A. § 9316 — VT Code / Title 18 / Chapter 215 / Section 9316
§ 9316. Modification or termination of guardianship services
Status: in_force

(a) The Commissioner shall provide guardianship services in accordance with the order of the Probate Division or Family Division of the Superior Court until termination or modification thereof by the court.

(b) The Commissioner, the person with developmental disabilities, or any interested person may petition the appointing court, if it exists, or the Superior Court for the unit where the person resides to modify or terminate the judgment pursuant to which the Commissioner is providing guardianship. The petitioner, or the Commissioner as petitioner, and the respondent shall be the parties to an application to modify or terminate guardianship.

(c) Notice and hearing on the petition shall proceed in the manner set forth in sections 9307-9309 of this title.
18 V.S.A. § 4217 — VT Code / Title 18 / Chapter 84 / Section 4217
§ 4217. Reports by physicians and hospitals
Status: in_force

It shall be the duty of every physician and every hospital to report to the Commissioner of Health, promptly, all cases wherein a person has been or is being treated for the use of, or for problems arising from the use of, regulated drugs. The reports shall include the type of problem being treated, the class of regulated drug that was used, and such further information as is required by rules of the Department of Health as adopted under section 4202 of this title, except that the rules shall not require the listing or other identification of the names of the persons being so treated.
18 V.S.A. § 1601 — VT Code / Title 18 / Chapter 31 / Section 1601
§ 1601. Purposes-Article I
Status: in_force

The purposes of this compact are to:

(1) Promote the radiological health protection of the public and individuals within the party states.

(2) Provide mutual aid and assistance in radiological health matters, including radiation incidents.

(3) Encourage and facilitate the efficient use of personnel and equipment by furthering the orderly acquisition and sharing of resources useful for programs of radiation protection.
18 V.S.A. § 152 — VT Code / Title 18 / Chapter 4 / Section 152
§ 152. Establishment of cancer registry
Status: in_force

(a) The Commissioner shall establish a uniform statewide population-based cancer registry system for the collection of information determining the incidence of cancer and related data. The Secretary shall adopt rules necessary to effect the purposes of this chapter, including the data to be reported and the effective date after which reporting by health care facilities and health care providers shall be required.

(b) All cancers diagnosed or treated in the State shall be reported to the representative of the Department of Health authorized by the Commissioner to compile the cancer data, or any individual, agency, or organization designated to cooperate with that representative.

(c) The Commissioner shall establish a training program for the personnel of participating health care facilities and a quality control program for cancer data. The Commissioner shall collaborate in studies with clinicians and epidemiologists and publish reports on the results of such studies. The Commissioner shall cooperate with the National Institutes of Health and the Centers for Disease Control and Prevention in providing cancer incidence data.
18 V.S.A. § 5131 — VT Code / Title 18 / Chapter 105 / Section 5131
§ 5131. Issuance of civil marriage license; solemnization; return of civil marriage certificate; registration
Status: in_force

(a)(1) Upon receipt of a completed application in a form prescribed by the State Registrar, which shall require both parties to sign the application certifying to the accuracy of the facts contained in the application, a town clerk shall issue to a person a civil marriage license in the form prescribed by the State Registrar only if at least one party has signed the license in the presence of the clerk and shall enter on the license the names of the parties to the proposed marriage and fill out the form as far as practicable. The town clerk shall retain in the clerk's office a copy of the license until the marriage certificate is returned by the solemnizer.

(2) The application forms shall allow each party to a marriage to be designated “bride,” “groom,” or “spouse,” as each party chooses. This worksheet may be destroyed after the marriage is registered.

(3) The license shall be issued by any town clerk in the State.

(4)(A) Parties to a civil union certified in Vermont may elect to dissolve their civil union upon marrying one another but are not required to do so to form a civil marriage. The State Registrar shall clearly indicate this option on the civil marriage application form required by subdivision (2) of this subsection (a). If a couple elects this option, each party to the intended marriage shall sign a statement on the confidential portion of the civil marriage license and certificate form stating that the party freely and voluntarily agrees to dissolve the civil union between the parties.

(B) Dissolution pursuant to this subdivision (4) shall become effective upon solemnization of the marriage between the parties, and the parties shall not be required to file a petition for an uncontested dissolution with the Family Division of the Superior Court pursuant to 15 V.S.A. § 1206(d). A dissolution granted pursuant to this subdivision (4) shall be exempt from fees provided in 32 V.S.A. § 1431(b)(2).

(b) A civil marriage license so issued shall be signed by both parties to the marriage and delivered by one of the parties to the proposed marriage, within 60 days from the date of issue, to a person authorized to solemnize marriages by section 5144 of this title. If the proposed marriage is not solemnized within 60 days from the date of issue, such license shall become void. After the person has solemnized the marriage, he or she shall fill out that part of the form on the license provided for his or her use, sign it, and certify to the occurrence and date of the marriage. Thereafter, the document shall be known as a civil marriage certificate.

(c) Such certificate shall be returned within 10 days to the office of the town clerk from which the license issued by the person solemnizing such marriage. The town clerk shall retain and file the original according to sections 5007 and 5008 of this title.
18 V.S.A. § 8707 — VT Code / Title 18 / Chapter 204 / Section 8707
§ 8707. Competency to consent; procedure
Status: in_force

(a)(1) If the physician from whom the sterilization has been sought refuses to perform the sterilization because he or she is not satisfied that the person with an intellectual disability has the ability to give the informed consent required by section 8706 of this title, the person with an intellectual disability may file a petition in Superior Court for a determination of the person's competency to consent to the sterilization.

(2) The petition shall set forth the information required by subdivisions 8709(b)(1)-(5) of this title.

(3) Upon filing of the petition, the court shall appoint a qualified developmental disabilities professional as defined in subdivision 8821(8) of this title to examine the person with an intellectual disability and present evidence to the court as to that person's ability to give informed consent.

(4) The hearing shall be limited to a determination of the person with an intellectual disability's competency to consent to a sterilization, and shall be conducted in accordance with sections 8709(c), 8710, and 8711(a) and (b) of this title.

(b)(1) If, after the hearing, the court determines on the basis of clear and convincing proof that the person with an intellectual disability is competent to consent and has given the required consent, it shall order that a voluntary sterilization may be performed.

(2) If the court determines that the person with an intellectual disability is not competent to give consent it shall inform the person that he or she has the right to petition the court for an involuntary sterilization pursuant to the requirements of section 8708 of this title.
18 V.S.A. § 5488 — VT Code / Title 18 / Chapter 121 / Section 5488
§ 5488. Enlargement of cemeteries by associations-Petition to Superior Court to acquire land
Status: in_force

When an incorporated cemetery association wishes to enlarge the limits of its burial ground, and votes to purchase additional land for permanent disposition purposes and the owner of such land refuses to convey the same to the cemetery association for a reasonable compensation, the trustees or president of such association, by a petition in writing, may apply to the Superior Court in the county in which such burial ground is located for the appointment of commissioners.
18 V.S.A. § 4290 — VT Code / Title 18 / Chapter 84A / Section 4290
§ 4290. Replacement prescriptions and medications
Status: in_force

(a) As used in this section, “replacement prescription” means an unscheduled prescription request in the event that the document on which a patient's prescription was written or the patient's prescribed medication is reported to the prescriber as having been lost or stolen.

(b) When a patient or a patient's parent or guardian requests a replacement prescription for a Schedule II, III, or IV controlled substance, the patient's health care provider shall query the VPMS prior to writing the replacement prescription to determine whether the patient may be receiving more than a therapeutic dosage of the controlled substance.

(c) When a health care provider writes a replacement prescription pursuant to this section, the provider shall clearly indicate as much by writing the word “REPLACEMENT” on the face of the prescription. The health care provider shall document the writing of the replacement prescription in the patient's medical record.
18 V.S.A. § 7104 — VT Code / Title 18 / Chapter 171 / Section 7104
§ 7104. Wrongful hospitalization or denial of rights; fraud; elopement
Status: in_force

A person shall be fined not more than $500.00 or imprisoned not more than one year, or both, if he or she willfully causes, or conspires with or assists another to cause:

(1) the hospitalization of an individual knowing that the individual is not mentally ill or in need of hospitalization or treatment as an individual with a mental illness or intellectual disability; or

(2) the denial to any individual of any rights granted to him or her under this part of this title; or

(3) the voluntary admission to a hospital of an individual, knowing that he or she is not mentally ill or eligible for treatment, thereby attempting to defraud the State; or

(4) the elopement of any patient from a hospital or who knowingly harbors any patient who has eloped, or who aids in abducting a patient who has been conditionally discharged from the person or persons in whose care and service that patient has been legally placed.
18 V.S.A. § 8911 — VT Code / Title 18 / Chapter 207 / Section 8911
§ 8911. Powers of the Commissioners
Status: in_force

(a) If the Commissioners after discussion with the board of a community mental health and developmental disability agency determine that the local community services plan required by section 8908 of this chapter is inadequate to meet the needs of persons with a mental condition or psychiatric disability or with developmental disabilities or children and adolescents with a severe emotional disturbance in accordance with the provisions of 33 V.S.A. chapter 43 in the area served by a mental health and developmental disability agency or that an agency has, for reasons other than lack of resources, failed or refused to implement an otherwise adequate plan, the Commissioners shall take one or more of the following steps:

(1) Offer technical assistance to the agency.

(2) Actively seek out and designate another agency to provide the needed services.

(3) Directly provide or arrange the needed services if it appears that the services will not otherwise be available within a reasonable period of time. The remedies specified in this subsection shall be in addition to any other rights and remedies that are available to the Commissioner under State or federal law.

(b) Until May 1, 1998, no agency that has been designated as a community mental health agency may lose its designation without first being provided with notice and an opportunity for hearing in accordance with the provisions of 3 V.S.A. §§ 809-813. After May 1, 1998, no agency may lose its designation except in accordance with new rules adopted for that purpose under the provisions of this subsection. Notwithstanding any other provisions to the contrary in 3 V.S.A. chapter 25, the Commissioner shall, in consultation with the designated provider system and consumer groups, develop proposed rules setting forth the standards and procedures for designation, redesignation, and loss of designation, and provide for six months' notice of intent to revoke an agency's designation. The proposed rules shall also provide standards with measurable performance-based criteria and a streamlined appeals process. On or before December 31, 1997, the Commissioner shall file and hold public hearings on the proposed rules as provided in 3 V.S.A. §§ 838, 839, and 840 in accordance with 3 V.S.A. chapter 25. The Commissioner shall file the final proposed rules with the General Assembly on or before January 15, 1998. Unless disapproved by act of the General Assembly on or before April 1, 1998, the Commissioner may adopt the rules by filing with the Secretary of State, which rules shall take effect on May 1, 1998.

(c) The board of directors of a community mental health and developmental disability agency will be given a six-month notice of any intent on the part of the Commissioners to terminate its designated status. The Commissioners shall provide a written notice that outlines the performance based rationale associated with such intent. The board of directors shall have six months to review the Commissioners' stated concerns and implement a corrective action plan. The board of directors shall also be informed, in writing, of current standards and procedures regarding appeal processes.
18 V.S.A. § 4235 — VT Code / Title 18 / Chapter 84 / Section 4235
§ 4235. Hallucinogenic drugs
Status: in_force

(a) “Dose” of a hallucinogenic drug means that minimum amount of a hallucinogenic drug, not commonly used for therapeutic purposes, that causes a substantial hallucinogenic effect. The Department of Health shall adopt rules that establish doses for hallucinogenic drugs. The Department may incorporate, where applicable, dosage calculations or schedules, whether described as “dosage equivalencies” or otherwise, established by the federal government.

(b) Possession.

(1) A person knowingly and unlawfully possessing a hallucinogenic drug, other than 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 10 or more doses of a hallucinogenic drug, other than 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 100 or more doses of a hallucinogenic drug, other than 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 1,000 or more doses of a hallucinogenic drug, other than lysergic acid diethylamide, shall be imprisoned not more than 15 years or fined not more than $500,000.00, or both.

(c) Selling or dispensing.

(1) A person knowingly and unlawfully dispensing a hallucinogenic drug, other than 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 a hallucinogenic drug, other than 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 10 or more doses of a hallucinogenic drug, other than 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 100 or more doses of a hallucinogenic drug, other than lysergic acid diethylamide, shall be imprisoned not more than 15 years or fined not more than $500,000.00, or both.
18 V.S.A. § 5200 — VT Code / Title 18 / Chapter 107 / Section 5200
§ 5200. Definitions
Status: in_force

As used in this chapter:

(1) “Cemetery” has the same meaning as in section 5302 of this title.

(2) “Cremation” has the same meaning as in section 5302 of this title.

(3) “Disposition facility” has the same meaning as in section 5302 of this title.

(4) “Licensed health care professional” means a physician, a physician assistant, a naturopathic physician, or an advanced practice registered nurse.

(5) “Natural organic reduction” has the same meaning as in section 5302 of this title.
18 V.S.A. § 1417 — VT Code / Title 18 / Chapter 28 / Section 1417
§ 1417. Functions and duties of Division
Status: in_force

The Division of Occupational Health shall:

(1) maintain necessary laboratory facilities and equipment required to effectively perform its functions;

(2) study occupational health hazards and occupational diseases and procedures necessary for their control or prevention, and recommend necessary rules for such control or prevention to the Commissioner of Health and the Secretary of Human Services;

(3) investigate places of employment to determine the presence of health hazards which may be the cause or which may be suspected of being the cause of illness or occupational disease;

(4) investigate health hazards in places of employment that cause ill health or occupational disease, or may be suspected of doing so, and recommend rules to the Commissioner of Health and the Secretary of Human Services for the control or elimination of the health hazards;

(5) advise employers of the existence of conditions at work places which cause ill health or occupational disease;

(6) make inspections and investigations to discover violation of health standards and rules promulgated by the Secretary of Human Services under the VOSHA Code, and report any violation other than de minimis violations to the Commissioner of Labor, and cooperate with that Commissioner in taking action against violators of the VOSHA Code;

(7) test the effectiveness of control appliances and equipment used by employers and report any deficiency in performance to the employer and the Commissioner of Labor; and

(8) consult, advise, and assist employers in the development and maintenance of medical services and programs for employees.
18 V.S.A. § 4237 — VT Code / Title 18 / Chapter 84 / Section 4237
§ 4237. Selling or dispensing to minors; selling on school grounds
Status: in_force

(a) Dispensing regulated drugs to minors. A person knowingly and unlawfully dispensing any regulated drug to a minor who is at least three years that person's junior shall be sentenced to a term of imprisonment of not more than five years.

(b) Sale of regulated drugs. A person knowingly and unlawfully selling any regulated drug to a minor shall, in addition to any other penalty, be sentenced to a term of imprisonment of not more than 10 years.

(c) Selling on school grounds. No person shall knowingly and unlawfully:

(1) dispense or sell a regulated drug to any person on a school bus or on real property owned by a public or private elementary, secondary, or vocational school;

(2) sell a regulated drug to any person on real property abutting real property owned by a public or private elementary, secondary, or vocational school; or

(3) dispense a regulated drug to any person in public view on real property abutting real property owned by a school.

(d) Abutting school property. The selling or dispensing of a regulated drug to a person on property abutting school property is a violation under this section only if it occurs within 500 feet of the school property. Property shall be considered abutting school property if:

(1) it shares a boundary with school property; or

(2) it is adjacent to school property and is separated only by a river, stream, or public highway.

(e) Penalty. A person who violates subsection (c) of this section shall, in addition to any other penalty, be sentenced to a term of imprisonment of not more than 10 years.

(f) Definitions. As used in this section:

(1) “Minor” means a person under the age of 18.

(2) “Owned by a school” means owned, leased, controlled, or subcontracted by a school and used frequently by students for educational or recreational activities.
18 V.S.A. § 4353 — VT Code / Title 18 / Chapter 85 / Section 4353
§ 4353. Fees
Status: in_force

(a) The Commissioner may establish by rule any requirement the Department needs to determine the applicable categories or exemptions for licenses. The following license fees shall be paid annually to the Department at the time of making the application according to the following schedules:

(1) Restaurants

(2) Lodging establishments

(3) Food manufacturing establishment — a fee for any person or persons that process food for resale to restaurants, stores, or individuals according to the following schedule:

(A) Food manufacturing establishments; nonbakeries

(B) Food manufacturing establishments; bakeries

(C) Food manufacturing establishments; cottage food operations — Gross receipts of $30,000.00 or less from the sale of cottage food products are exempt pursuant to section 4358 of this title.

(4) Seafood vending facility — $200.00, unless operating pursuant to another license issued by the Department of Health and generating $40,000.00 or less in seafood gross receipts annually. If generating more than $40,000.00 in seafood gross receipts annually, the fee is to be paid regardless of whether the facility is operating pursuant to another license issued by the Department.

(5) Shellfish reshippers and repackers — $375.00.

(6) Children's camps — $150.00.

(b) The Commissioner of Health shall be the final authority on definition of categories contained in this section.

(c) All fees received by the Department 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.
18 V.S.A. § 5145 — VT Code / Title 18 / Chapter 105 / Section 5145
§ 5145. Civil marriage license required for solemnization
Status: in_force

Persons authorized by section 5144 of this title to solemnize marriage shall require a civil marriage license of the parties, before solemnizing such marriage. The license shall afford full immunity to the person who solemnizes the marriage.
18 V.S.A. § 9406 — VT Code / Title 18 / Chapter 221 / Section 9406
§ 9406. Reporting on participation in 340B drug pricing program [Repealed effective January 1, 2031]
Status: in_force

(a) Annually on or before January 31, each hospital participating in the federal 340B drug pricing program established by 42 U.S.C. § 256b shall submit to the Green Mountain Care Board, in a form and manner prescribed by the Board, a report detailing the hospital's participation in the program during the previous hospital fiscal year, which report shall be posted on the Green Mountain Care Board's website and which shall contain at least the following information:

(1)(A) For prescription drugs that the hospital or any entity acting on behalf of the hospital obtained through the 340B program and dispensed or administered to patients during the previous calendar year:

(i) the aggregated acquisition cost for all such prescription drugs; and

(ii) the aggregated payment amount that the hospital received for all such prescription drugs, with information reported separately for each of the following distribution channels:

(I) dispensed drugs from an in-house pharmacy;

(II) dispensed drugs from a contract pharmacy;

(III) administered drugs paid separately; and

(IV) administered drugs paid by bundled payments.

(B) For administered drugs for which payment was bundled with payment for other services, as set forth in subdivision (A)(ii)(IV) of this subdivision (1), the hospital shall estimate the payment amount by comparing the actual acquisition cost for a drug to the wholesale acquisition cost for that drug.

(2) The aggregated payment amount that the hospital made to pharmacies with which the hospital contracted to dispense drugs to its patients under the 340B program during the previous hospital fiscal year.

(3) The aggregated payment amount that the hospital made to any other outside vendor for managing, administering, or facilitating any aspect of the hospital's 340B drug program during the previous hospital fiscal year.

(4) A description of the ways in which the hospital uses revenue from its participation in the 340B program to benefit its community through programs and services funded in whole or in part by revenue from the 340B program, including services that support community access to care that the hospital could not continue without this revenue.

(5) A description of the hospital's internal review and oversight of its participation in the 340B program in compliance with the U.S. Department of Health and Human Services, Health Resources and Services Administration's 340B program rules and guidance.

(b) In addition to the vendor information required pursuant to subdivision (a)(3) of this section, each hospital shall also provide to the Board a list of the names of all vendors that managed, administered, or facilitated any aspect of the hospital's 340B program during the previous calendar year, along with a brief description of the work performed by each vendor. The vendor information reported pursuant to this subsection shall be exempt from public inspection and copying under the Public Records Act and shall be kept confidential, except that the Board shall provide the information to the Office of the Health Care Advocate, which shall not further disclose this confidential information.
18 V.S.A. § 5004 — VT Code / Title 18 / Chapter 101 / Section 5004
§ 5004. Family Division of the Superior Court; divorce and dissolution returns
Status: in_force

The Family Division of the Superior Court shall send to the State Registrar, before the 10th day of each month, by county, a report of the number of divorces and dissolutions that became absolute during the preceding month, showing as to each the names of the parties, date of civil marriage or civil union, number of children, grounds for divorce or dissolution, and such other statistical information available from the Family Division as may be required by the State Registrar.
18 V.S.A. § 7301 — VT Code / Title 18 / Chapter 175 / Section 7301
§ 7301. Creation
Status: in_force

The State Board of Mental Health is created. It shall consist of seven persons, two of whom are physicians and one an attorney. A member may not be a trustee, officer, or employee of any institution for mental patients. Biennially, the Governor shall appoint, with the advice and consent of the Senate, two or three members for terms of six years in such manner that three terms expire in each third biennial year and two in other biennial years. The Board, with the advice of the Commissioner, shall make Department policy. Biennially or when a vacancy occurs, the Board shall elect a Chair and a Secretary.
18 V.S.A. § 4252a — VT Code / Title 18 / Chapter 84 / Section 4252a
§ 4252a. Unlawful drug activity in a dwelling; flash citation
Status: in_force

(a) Except for good cause shown, a person cited or arrested for dispensing or selling a regulated drug in violation of this chapter shall be arraigned on the next business day after the citation or arrest if the alleged illegal activity occurred at a dwelling where the person is not a legal tenant.

(b) Unless the person is held without bail for another offense, the State's Attorney may request conditions of release. The court may include as a condition of release that the person is prohibited from coming within a fixed distance of the dwelling.