18 V.S.A. § 5250n — VT Code / Title 18 / Chapter 110 / Section 5250n
§ 5250n. Rights and duties of procurement organization and others
Status: in_force

(a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the Vermont Donor Registry and any other donor registry that it knows exists for the geographical area in which the individual resides to ascertain whether the individual has made an anatomical gift.

(b) A procurement organization must be allowed reasonable access to the Vermont Donor Registry established pursuant to section 5250t of this title to ascertain whether an individual at or near death is a donor.

(c) When a hospital refers an individual at or near death to a procurement organization, the organization may conduct any reasonable examination necessary to assess the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research, or education from a donor or a prospective donor. During the examination period, measures necessary to maintain the potential medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent.

(d) Unless prohibited by law other than this chapter, at any time after a donor's death, the person to which a part passes under section 5250k of this title may conduct any reasonable examination necessary to assess the medical suitability of the body or part for its intended purpose.

(e) Unless prohibited by law other than this chapter, an examination under subsection (c) or (d) of this section may include serological and blood and tissue compatibility testing, as well as an examination of all medical and dental records of the donor or prospective donor.

(f) Upon the death of a minor who was a donor or had signed a refusal, unless a procurement organization knows the minor is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal.

(g) Upon referral by a hospital under subsection (a) of this section, a procurement organization shall make a reasonable search for any person listed in section 5250i of this title having priority to make an anatomical gift on behalf of a prospective donor. If a procurement organization receives information that an anatomical gift to any other person was made, amended, or revoked, it shall promptly advise the other person of all relevant information.

(h) Subject to subsection 5250k(i) and section 5250w of this title, the rights of the person to which a part passes under section 5250k are superior to the rights of all others with respect to the part. The person may accept or reject an anatomical gift in whole or in part. Subject to the terms of the document of gift and this chapter, a person that accepts an anatomical gift of an entire body may allow embalming, burial or cremation, and use of remains in a funeral service. If the gift is of a part, the person to which the part passes under section 5250k of this title, upon the death of the donor and before embalming, burial, or cremation, shall cause the part to be removed without unnecessary mutilation.

(i) Neither the physician who attends the decedent at death nor the physician who determines the time of the decedent's death may participate in the procedures for removing or transplanting a part from the decedent. As used in this section, “procedures” include actual physical removal and transplantation of a part but do not include the consent, process, disposal, preservation, quality measures, storage, transportation, or research involving a part.

(j) A physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove.
18 V.S.A. § 5307 — VT Code / Title 18 / Chapter 121 / Section 5307
§ 5307. Rule against perpetuities
Status: in_force

A trust having one or more purposes provided under this chapter shall not be declared invalid by reason of indefiniteness as to the termination thereof, nor by the rule against perpetuities.
18 V.S.A. § 4249 — VT Code / Title 18 / Chapter 84 / Section 4249
§ 4249. Transportation of alcohol, tobacco, or regulated drugs into places of detention
Status: in_force

(a) No person shall knowingly carry or introduce or cause to be carried or introduced into a lockup, jail, prison, or correctional facility:

(1) alcohol or alcoholic beverages;

(2) cannabis;

(3) a regulated drug, other than cannabis, as defined in section 4201 of this title, except upon the prescription or direction of a practitioner as that term is defined in 26 V.S.A. chapter 36; or

(4) tobacco or tobacco products, except that an employee may possess or store tobacco or tobacco products in a locked automobile parked on the correctional facility grounds, store tobacco or tobacco products in a secure place within the correctional facility that is designated for storage of employee tobacco, and possess tobacco or tobacco products in a designated smoking area.

(b) A person who violates subdivision (a)(1) of this section shall be imprisoned not more than three months or fined not more than $300.00, or both.

(c) A person who violates subdivision (a)(2) of this section shall be imprisoned not more than six months or fined not more than $500.00, or both.

(d) A person who violates subdivision (a)(3) of this section shall be imprisoned not more than one year or fined not more than $1,000.00, or both.

(e) A person who violates subdivision (a)(4) of this section shall be subject to a civil penalty of not more than $450.00 for the first offense and $900.00 for any subsequent offense. An action under this subsection shall be brought in the same manner as for a traffic violation pursuant to 23 V.S.A. chapter 24.

(f) As used in this section, “correctional facility” means any secure or staff-secure building, enclosure, space, or structure of or supported by the Department and used for the confinement of persons committed to the custody of the Commissioner of Corrections, or for any other matter related to such confinement.
18 V.S.A. § 5535 — VT Code / Title 18 / Chapter 121 / Section 5535
§ 5535. Notice; publication
Status: in_force

Such notice shall recite the substance of the facts set forth in the petition, and the time and place at which persons claiming the burial lot may appear and be heard before the court, and shall be published at least three weeks successively, the last of which publications shall be not less than six months before the time appointed by the court for making the inquisition.
18 V.S.A. § 5139 — VT Code / Title 18 / Chapter 105 / Section 5139
§ 5139. Clerk's duties; penalty
Status: repealed

(a) A town clerk who knowingly issues a civil marriage license without first requiring the applicant to fill out, sign, and certify the accuracy of the application, as provided in section 5131 of this title, shall be fined not more than $50.00 nor less than $20.00.

(b) [Repealed.]
18 V.S.A. § 1125 — VT Code / Title 18 / Chapter 21 / Section 1125
§ 1125. Quality improvement measures
Status: in_force

The Department may implement quality improvement initiatives in any school that has a provisional admittance rate or an exemption rate above the State average.
18 V.S.A. § 5169 — VT Code / Title 18 / Chapter 106 / Section 5169
§ 5169. Delayed certificates of civil union
Status: in_force

(a) Persons who were parties to a certified civil union ceremony in this State for whom no certificate of civil union was filed as required by law may petition the Probate Division of the Superior Court of the district in which the civil union license was obtained to determine the facts and to order the issuance of a delayed certificate of civil union.

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

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

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

(e) Town clerks receiving new certificates in accordance with this section shall file and index them in the most recent book of civil unions and also index them with civil unions occurring at the same time.
18 V.S.A. § 1656 — VT Code / Title 18 / Chapter 32 / Section 1656
§ 1656. Injunction proceedings
Status: in_force

Whenever, in the judgment of the Department, any person has engaged in or is about to engage in any acts or practices that constitute or will constitute a violation of any provision of this chapter, or any rule adopted pursuant to this chapter, the Attorney General shall make application to the appropriate court for an order enjoining such acts or practices, or for an order directing compliance, and upon a showing by the Department that such person has engaged or is about to engage in any such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted.
18 V.S.A. § 1700 — VT Code / Title 18 / Chapter 34 / Section 1700
§ 1700. Repealed. 2023 No. 53, § 132, eff. January 1, 2030.
Status: in_force

(a) There is created the Nuclear Decommissioning Citizens Advisory Panel that shall consist of the following:

(1) The Secretary of Human Services, ex officio, or designee.

(2) The Secretary of Natural Resources, ex officio, or designee.

(3) The Commissioner of Public Service, ex officio, or designee.

(4) The Secretary of Commerce and Community Development, ex officio, or designee.

(5) One member of the House Committee on Energy and Digital Infrastructure, chosen by the Speaker of the House.

(6) One member of the Senate Committee on Natural Resources and Energy, chosen by the Committee on Committees.

(7) One representative of the Windham Regional Commission or designee, selected by the Regional Commission.

(8) Two representatives of the Town of Vernon or designees, selected by the legislative body of that town.

(9) Six members of the public, two each selected by the Governor, the Speaker of the House, and the President Pro Tempore of the Senate. Under this subdivision, each appointing authority initially shall appoint a member for a three-year term and a member for a four-year term. Subsequent appointments under this subdivision shall be for terms of four years.

(10) Two representatives of the owners of the Vermont Yankee site.

(11) One optional member who will represent collectively the Towns of Chesterfield, Hinsdale, Richmond, Swanzey, and Winchester, New Hampshire, when selected by the Governor of New Hampshire at the invitation of the Commissioner of Public Service.

(12) One optional member who will represent collectively the Towns of Bernardston, Colrain, Gill, Greenfield, Leyden, Northfield, and Warwick, Massachusetts, when selected by the Governor of Massachusetts at the invitation of the Commissioner of Public Service.

(b) Ex officio members shall serve for the duration of their time in office or until a successor has been appointed. Members of the General Assembly shall be appointed for two years or until their successors are appointed, beginning on or before January 15 in the first year of the biennium. Representatives designated by ex officio members shall serve at the direction of the designating authority.

(c) The Commissioner of Public Service shall serve as the Chair until the Panel elects a chair or co-chairs under subsection (d) of this section.

(d) The Panel annually shall elect a chair or co-chairs, and a vice chair, for one-year terms commencing with its first meeting following the effective date of this section.

(e) A majority of the Panel's members shall constitute a quorum. The Panel shall act only by vote of a majority of its entire membership and only at meetings called by the Chair or Co-Chair or by any five of the members. The person or persons calling the meeting shall provide adequate notice to all its members.

(f) Members of the panel who are not ex officio members, employees of the State of Vermont, representatives of the owners of the Vermont Yankee site, or members representing towns outside Vermont, and who are not otherwise compensated or reimbursed for their attendance, shall be entitled to $50.00 per diem and their necessary and actual expenses. Funds for this purpose shall come from the monies collected under 30 V.S.A. § 22 for the purpose of maintaining the Department of Public Service. Legislative members shall not be entitled to a per diem under this section for meetings while the General Assembly is in session.

(g) The Commissioner of Public Service shall:

(1) manage the provision of administrative support to the Panel, including scheduling meetings and securing meeting locations, providing public notice of meetings, producing minutes of meetings, and assisting in the compilation and production of the Panel's annual report described in section 1701 of this title;

(2) keep the Panel informed of the status of matters within the jurisdiction of the Panel;

(3) notify members of the Panel in a timely manner upon receipt of information relating to matters within the jurisdiction of the Panel;

(4) upon request, provide to all members of the Panel all relevant information within the control of the Department of Public Service relating to subjects within the scope of the duties of the Panel;

(5) provide workshops or training for Panel members as may be appropriate; and

(6) hire experts, contract for services, and provide for materials and other reasonable and necessary expenses of the Panel as the Commissioner may consider appropriate on request of the Panel from time to time. Funds for this purpose shall come from the owners of the Vermont Yankee site as the Commissioner of Public Service may consider appropriate, not to exceed $35,000.00 annually. The obligation to support the Panel's activities shall cease upon the submission of the application for Partial License Termination by the owners of the Vermont Yankee site to the U.S. Nuclear Regulatory Commission. On or before June 30 annually, the Commissioner of Public Service shall render to the owners of the Vermont Yankee site a statement detailing the amount of money expended or contracted for under this subdivision (6), which shall be paid within 30 days by the owners of the Vermont Yankee site into the special fund established pursuant to 30 V.S.A. § 22 for the purpose of maintaining the Department of Public Service and Public Utility Commission. The funds paid into the special fund by the owners of the Vermont Yankee site shall be paid solely to the Department. Within 30 days after receiving the statement of funds due, the owners of the Vermont Yankee site may petition the Public Utility Commission for a hearing to review and determine the necessity and reasonableness of such expenses. Following the review, the Public Utility Commission may amend or revise the cost assessments as it deems appropriate.
18 V.S.A. § 4064 — VT Code / Title 18 / Chapter 82 / Section 4064
§ 4064. Misbranded drugs or device
Status: in_force

A drug or device is misbranded:

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

(2) 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 (B) reasonable variations shall be permitted, and exemptions as to small packages shall be established by rules adopted by the Department.

(3) If any word, statement, or other information required by or under authority of this chapter to appear on the 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.

(4) If it is for use by humans and contains any quantity of the narcotic or hypnotic substance alpha-eucaine, barbituric acid, beta-eucaine, bromal, cannabis, carbromal, chloral, coca, cocaine, codeine, heroin, morphine, opium, paraldehyde, peyote, sulphonmethane, or other recognized narcotic or hypnotic substances or any chemical derivative of those substances, which derivative has been by the Department, after investigation, found to be, and by rules under this chapter, designated as habit forming, unless its label bears the name and quantity or proportion of the substance or derivative and in juxtaposition therewith the statement “warning—may be habit forming.”

(5) If it is a drug and is not designated solely by a name recognized in an official compendium unless its label bears:

(A) the common or usual name of the drug, if such there be; and

(B) in case it is fabricated from two or more ingredients, the common or usual name of each active ingredient, including the kind and quantity or proportion of any alcohol, and also including whether active or not the name and quantity or proportion of any bromides, ether, chloroform, acetanilid, acetphenetidin, amidopyrine, antipyrine, atropine, hyoscine, hyoscyamine, arsenic, digitalis, glucosides, mercury, ouabain, strophanthin, strychnine, thyroid, or other synthetic compounds, or any derivative or preparation of any of those substances, contained therein, provided that to the extent that compliance with the requirements of this subdivision (B) is impracticable, exemptions shall be established by rules adopted by the Department.

(6) Unless its labeling bears:

(A) adequate directions for use; and

(B) such adequate warnings against use in those pathological conditions or by children where its use may be dangerous to health, or against unsafe dosage or methods or duration of administration or application, in such manner and form, as are necessary for the protection of users, provided that where any requirement of this subsection, as applied to any drug or device, is not necessary for the protection of the public health, the Department shall adopt rules exempting the drug or device from the requirements.

(7) If it purports to be a drug the name of which is recognized in an official compendium, unless it is packaged and labeled as prescribed therein, provided that the method of packing may be modified with consent of the Commissioner. Whenever a drug is recognized in both the U.S. Pharmacopoeia and the Homeopathic Pharmacopoeia of the United States, it shall be subject to the requirements of the U.S. Pharmacopoeia with respect to packaging and labeling unless it is labeled and offered for sale as a homeopathic drug, in which case it shall be subject to the provisions of the Homeopathic Pharmacopoeia of the United States, and not to those of the U.S. Pharmacopoeia.

(8) If it has been found by the Department to be a drug liable to deterioration, unless it is packaged in such form and manner, and its label bears a statement of such precautions, as the Department shall by rule require as necessary for the protection of public health. No such rule shall be established for any drug recognized in an official compendium until the Board informs the appropriate body charged with the revision of the compendium of the need for the packaging or labeling requirements and that body fails within a reasonable time to prescribe the requirements.

(9)(A) If it is a drug and its container is so made, formed, or filled as to be misleading;

(B) if it is an imitation of another drug; or

(C) if it is offered for sale under the name of another drug.

(10) If it is dangerous to health when used in the dosage, or with the frequency or duration prescribed, recommended, or suggested in the labeling thereof.

(11) If it is a drug sold at retail and contains any quantity of aminopyrine, barbituric acid, cinchophen, pituitary, thyroid, or their derivatives; or it is a drug or device sold at retail and its label, as originally packed, directs that it is to be dispensed or sold only on prescription, unless it is dispensed or sold on a written prescription signed by a practitioner who is licensed by law to administer the drug or device and its label, as dispensed, bears the name and place of business of the dispenser or seller, the serial number and date of the prescription, and the name of the licensed practitioner. Those prescriptions shall not be refilled except on the specific authorization of the prescribing practitioner, provided that where any requirement of this subsection, as applied to any drug or device, is not necessary for the protection of the public health, the Department shall adopt rules exempting the drug or device from the requirement.

(12) A drug sold on a written prescription signed by a member of the medical, dental, or veterinary profession (except a drug sold in the course of the conduct of a business of selling drugs pursuant to diagnosis by mail) shall be exempt from the requirement of this section if:

(A) the member of the medical, dental, or veterinary profession is licensed by law to administer the drug or recognized synthetic compounds; and

(B) the drug bears a label containing the name and place of business of the seller, the serial number and date of the prescription, and the name of the member of the medical, dental, or veterinary profession.
18 V.S.A. § 9601 — VT Code / Title 18 / Chapter 229 / Section 9601
§ 9601. Definitions
Status: in_force

As used in this chapter:

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

(2) “Health insurance plan” means a policy, service contract, or other health benefit plan offered or issued by a health insurer and includes beneficiaries covered by the Medicaid program unless they are otherwise provided with similar services.

(3) “Health insurer” shall have the same meaning as in section 9402 of this title.
18 V.S.A. § 4634 — VT Code / Title 18 / Chapter 91 / Section 4634
§ 4634. Prescription drug price disclosure
Status: in_force

(a) Upon request, a pharmacy shall disclose to any consumer or health care provider the usual and customary retail price of a prescription drug.

(b) With each prescription dispensed, a pharmacy shall disclose to the consumer, in writing, the price of the prescription and any payment toward the price required of the consumer.

(c) For purposes of this section:

(1) “Price of the prescription” means the amount charged by the pharmacy to the consumer or, if applicable, to the consumer's health benefit plan.

(2) “Usual and customary retail price” means the total price charged to a consumer who does not have prescription drug coverage under a health benefit plan.

(d) In addition to any other remedy provided by law, the Attorney General may file an action in Superior Court for a violation of this section. In any such action, the Attorney General shall have the same authority to investigate and to obtain remedies as if the action were brought under the Consumer Protection Act, 9 V.S.A. chapter 63. Each violation of this section constitutes a separate civil violation for which the Attorney General may obtain relief.
18 V.S.A. § 4285 — VT Code / Title 18 / Chapter 84A / Section 4285
§ 4285. Immunity
Status: in_force

A dispenser or health care provider shall be immune from civil, criminal, or administrative liability as a result of any action made in good faith pursuant to and in accordance with this chapter, but nothing in this section shall be construed to establish immunity for the failure to follow standards of professional conduct or the failure to exercise due care in the provision of services.
18 V.S.A. § 9362 — VT Code / Title 18 / Chapter 219 / Section 9362
§ 9362. Health care providers delivering health care services by audio-only telephone
Status: in_force

(a) As used in this section:

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

(2) “Health care provider” has the same meaning as in 8 V.S.A. § 4098b.

(3) “Telemedicine” has the same meaning as in 8 V.S.A. § 4098a.

(b)(1) Subject to the limitations of the license under which the individual is practicing and, for Medicaid patients, to the extent permitted by the Centers for Medicare and Medicaid Services, a health care provider may deliver health care services to a patient using audio-only telephone if the patient elects to receive the services in this manner and it is clinically appropriate to do so. A health care provider shall comply with any training requirements imposed by the provider's licensing board on the appropriate use of audio-only telephone in health care delivery.

(2) A health care provider delivering health care services using audio-only telephone shall include or document in the patient's medical record:

(A) the patient's informed consent for receiving services using audio-only telephone in accordance with subsection (c) of this section; and

(B) the reason or reasons that the provider determined that it was clinically appropriate to deliver health care services to the patient by audio-only telephone.

(3)(A) A health care provider shall not require a patient to receive health care services by audio-only telephone if the patient does not wish to receive services in this manner.

(B) A health care provider shall deliver care that is timely and complies with contractual requirements and shall not delay care unnecessarily if a patient elects to receive services through an in-person visit or telemedicine instead of by audio-only telephone.

(c) A health care provider delivering health care services by audio-only telephone shall obtain and document a patient's oral or written informed consent for the use of audio-only telephone prior to the appointment or at the start of the appointment but prior to delivering any billable service.

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

(A) that the patient is entitled to choose to receive services by audio-only telephone, in person, or through telemedicine, to the extent clinically appropriate;

(B) that receiving services by audio-only telephone does not preclude the patient from receiving services in person or through telemedicine at a later date;

(C) an explanation of the opportunities and limitations of delivering and receiving health care services using audio-only telephone;

(D) informing the patient of the presence of any other individual who will be participating in or listening to the patient's consultation with the provider and obtaining the patient's permission for the participation or observation;

(E) whether the services will be billed to the patient's health insurance plan if delivered by audio-only telephone and what this may mean for the patient's financial responsibility for co-payments, coinsurance, and deductibles; and

(F) informing the patient that not all audio-only health care services are covered by all health plans.

(2) For services delivered by audio-only telephone on an ongoing basis, the health care provider shall be required to obtain consent only at the first episode of care.

(3) If the patient provides oral informed consent, the provider shall offer to provide the patient with a written copy of the informed consent.

(4) Notwithstanding any provision of this subsection to the contrary, a health care provider shall not be required to obtain a patient's informed consent for the use of audio-only telephone services in the case of a medical emergency.

(5) A health care provider may use a single informed consent form to address all telehealth modalities, including telemedicine, store and forward, and audio-only telephone, as long as the form complies with the provisions of section 9361 of this chapter and this section.

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

(e) Audio-only telephone services shall not be used in the following circumstances:

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

(2) for a psychiatrist's examination to determine whether an individual is in need of inpatient hospitalization pursuant to 13 V.S.A. § 4815(g)(3).
18 V.S.A. § 5305 — VT Code / Title 18 / Chapter 121 / Section 5305
§ 5305. Right to make rules and regulations
Status: in_force

The right of an agency engaged in the business of a cemetery, community mausoleum, or columbarium to make rules and regulations for the use, care, management, and protection thereof is hereby affirmed, and such agencies may by rule or regulation determine who may be buried or deposited in the cemetery, community mausoleum, or columbarium.
18 V.S.A. § 9001 — VT Code / Title 18 / Chapter 209 / Section 9001
§ 9001. Purpose-Article I
Status: in_force

The party states find that the proper and expeditious treatment of the mentally ill and developmentally disabled can be facilitated by cooperative action, to the benefit of the patients, their families, and society as a whole. Further, the party states find that the necessity of and desirability for furnishing such care and treatment bears no primary relation to the residence or citizenship of the patient but that, on the contrary, the controlling factors of community safety and humanitarianism require that facilities and services be made available for all who are in need of them. Consequently, it is the purpose of this compact and of the party states to provide the necessary legal basis for the institutionalization or other appropriate care and treatment of the mentally ill and developmentally disabled under a system that recognizes the paramount importance of patient welfare and to establish the responsibilities of the party states in terms of such welfare.
18 V.S.A. § 4750 — VT Code / Title 18 / Chapter 93 / Section 4750
§ 4750. Definitions
Status: in_force

As used in this chapter:

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

(2) “Medication for opioid use disorder” means the use of U.S. Food and Drug Administration-approved medications, in combination with counseling and behavioral therapies, to provide a whole patient approach to the treatment of substance use disorders.
18 V.S.A. § 4684 — VT Code / Title 18 / Chapter 91 / Section 4684
§ 4684. Violations
Status: in_force

(a) A 340B covered entity, 340B contract pharmacy, or other person injured by a manufacturer's or its agent's violation of this subchapter may bring an action in Superior Court for injunctive relief, compensatory and punitive damages, costs and reasonable attorney's fees, and other appropriate relief.

(b) A violation occurs each time a prohibited act is committed. For purposes of section 4682 of this subchapter, a prohibited act is defined as each package of 340B drugs that is subject to a discriminatory action by a manufacturer or its agent.
18 V.S.A. § 5229 — VT Code / Title 18 / Chapter 107 / Section 5229
§ 5229. Cost of disposition
Status: in_force

The cost for the disposition of remains and funeral goods or services shall be borne by the decedent's estate, subject to the limits for insolvent estates imposed by 14 V.S.A. § 1205, or by any individual who agrees to pay the costs. Nothing in this subchapter shall be construed to require a funeral director or disposition facility operator to provide goods or services for which there is no payment.
18 V.S.A. § 4023 — VT Code / Title 18 / Chapter 81 / Section 4023
§ 4023. Bread to be wrapped
Status: in_force

A person shall not carry or cart about with intent to sell or offer for sale, or deliver to customers after it has been sold, for human food any kind or quality of bread or cake in loaf form, unless each loaf is wrapped separately in waxed paper, tissue paper, or some similar wrapper or a sanitary container of sufficient thickness and quality to protect the bread and cake from dust and dirt. A person who violates a provision of this section shall be fined $5.00 for each offense.
18 V.S.A. § 7261 — VT Code / Title 18 / Chapter 174 / Section 7261
§ 7261. Psychiatric residential treatment facility for youth
Status: in_force

(a) A person or governmental entity shall not establish, maintain, or operate a psychiatric residential treatment facility for youth without first obtaining a license from the Department of Health in accordance with this section.

(b) Upon receipt of the application for a license, the Department of Health shall issue a license if it determines that the applicant and the proposed psychiatric residential treatment facility for youth meet the following minimum standards:

(1) The applicant shall be a nonprofit entity that demonstrates the capacity to operate a psychiatric residential treatment facility for youth in accordance with rules adopted by the Department of Health and in a manner that ensures person-centered care and resident dignity.

(2) The applicant shall maintain certification from the Centers for Medicare and Medicaid Services under 42 C.F.R. §§ 441.151–182.

(3) The applicant shall maintain accreditation by the Joint Commission or other accrediting organization with comparable standards recognized by the Commissioner of Mental Health.

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

(5) Residents admitted to a psychiatric residential treatment facility for youth shall be under the care of physician licensed pursuant to 26 V.S.A. chapter 23 or 33.

(6) The psychiatric residential treatment facility for youth, including the buildings and grounds, shall be subject to inspection by the Department of Disabilities, Aging, and Independent Living, its designees, and other authorized entities at all times.

(7) The applicant shall have a clear process for responding to resident complaints, including:

(A) the designation of patient representative pursuant to section 7253 of this title;

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

(C) an appeals mechanism within a psychiatric residential treatment facility for youth;

(D) a published time frame for processing and resolving complaints and appeals within a psychiatric residential treatment facility for youth; and

(E) periodic reporting to the Department of Health of the nature of complaints filed and action taken.

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

(d) Once licensed, a psychiatric residential treatment facility for youth shall be among the placement options for individuals committed to the custody of the Commissioner under an order of nonhospitalization.

(e) The Department of Health shall adopt rules pursuant to 3 V.S.A. chapter 25 to carry out the purposes of this section. Rules pertaining to emergency involuntary procedures shall:

(1) be identical to those rules adopted by the Department of Mental Health governing the use of emergency involuntary procedures in psychiatric inpatient units;

(2) require that a certificate of need for all emergency involuntary procedures performed at the psychiatric residential treatment facility for youth be submitted to the Department and the Mental Health Care Ombudsman in the same manner and time frame as required for hospitals; and

(3) require that data regarding the use of emergency involuntary procedures be submitted in accordance with the requirements of the Department.

(f) The Department of Health, after notice and opportunity for a hearing to the applicant or licensee, is authorized to deny, suspend, or revoke a license in any case in which it finds that there has been a substantial failure to comply with the requirements established under this section. The notice shall be served by registered mail or by personal service setting forth the reasons for the proposed action and fixing a date not less than 60 days from the date of the mailing or service, at which the applicant or licensee shall be given an opportunity for a hearing. After the hearing, or upon default of the applicant of licensee, the Department of Health 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 the section shall be in accordance with the usual and customary rules for hearing.
18 V.S.A. § 4257 — VT Code / Title 18 / Chapter 84 / Section 4257
§ 4257. Prevention and treatment of opioid-related overdoses
Status: in_force

(a) As used in this section:

(1) “Health care professional” means a physician licensed pursuant to 26 V.S.A. chapter 23 or 33, a physician assistant licensed to prescribe and dispense prescription drugs pursuant to 26 V.S.A. chapter 31, an advanced practice registered nurse authorized to prescribe and dispense prescription drugs pursuant to 26 V.S.A. chapter 28, or a pharmacist licensed pursuant to 26 V.S.A. chapter 36.

(2) “Opioid antagonist” means a drug that, when administered, negates or neutralizes in whole or part the pharmacological effects of an opioid in the body.

(3) “Victim” means the person who has overdosed on an opioid or who is believed to have overdosed on an opioid.

(b) For the purpose of addressing prescription and nonprescription opioid overdoses in Vermont, the Department shall develop and implement a prevention, intervention, and response strategy, depending on available resources, that shall:

(1) provide educational materials on opioid overdose prevention to the public free of charge;

(2) increase community-based prevention programs aimed at reducing risk factors that lead to opioid overdoses;

(3) increase timely access to treatment services for opioid users, including medication for opioid use disorder;

(4)(A) educate substance use treatment providers on methods to prevent opioid overdoses;

(B) provide education, information, and training on overdose prevention, intervention, and response, including the status of legal possession of substances and harm reduction supplies, to individuals living with opioid use disorder and participating in needle and syringe exchange programs, recovery programs, residential substance use disorder treatment programs, or correctional services;

(5) implement and expand hospital referral services for individuals treated for an opioid overdose;

(6) develop a statewide opioid antagonist program that emphasizes access to opioid antagonists to and for the benefit of individuals with opioid use disorder;

(7) distribute opioid antagonists to assist those at risk of experiencing an opioid-related overdose; and

(8) establish opioid antagonist dispensing kiosks in locations accessible to those at risk of experiencing an opioid-related overdose.

(c)(1) A health care professional acting in good faith and within the professional's scope of practice may directly or by standing order prescribe, dispense, and distribute an opioid antagonist to the following persons:

(A) a person at risk of experiencing an opioid-related overdose; or

(B) a family member, friend, or other person in a position to assist a person at risk of experiencing an opioid-related overdose.

(2) A health care professional who prescribes, dispenses, or distributes an opioid antagonist in accordance with subdivision (1) of this subsection shall be immune from civil or criminal liability with regard to the subsequent use of the opioid antagonist, unless the health professional's actions with regard to prescribing, dispensing, or distributing the opioid antagonist constituted recklessness, gross negligence, or intentional misconduct. The immunity granted in this subdivision shall apply whether or not the opioid antagonist is administered by or to a person other than the person for whom it was prescribed.

(d)(1) A person may administer an opioid antagonist to a victim if the person believes, in good faith, that the victim is experiencing an opioid-related overdose.

(2) A person shall be immune from civil or criminal liability for administering an opioid antagonist to a victim pursuant to subdivision (1) of this subsection unless the person's actions constituted recklessness, gross negligence, or intentional misconduct. The immunity granted in this subdivision shall apply whether or not the opioid antagonist is administered by or to a person other than the person for whom it was prescribed.

(e) A person acting on behalf of a community-based overdose prevention program or a licensed pharmacist shall be immune from civil or criminal liability for providing education on opioid-related overdose prevention or for purchasing, acquiring, distributing, or possessing an opioid antagonist unless the person's actions constituted recklessness, gross negligence, or intentional misconduct.

(f) Any health care professional who treats a victim and who has knowledge that the victim has been administered an opioid antagonist within the preceding 30 days shall refer the victim to professional substance use disorder treatment services.
18 V.S.A. § 7616 — VT Code / Title 18 / Chapter 181 / Section 7616
§ 7616. Appearance by State; burden of proof
Status: in_force

(a) The State shall appear and be represented by the State's Attorney for the county in which the hearing takes place or by the Attorney General at his or her discretion.

(b) The State shall have the burden of proving its case by clear and convincing evidence.

(c) The Attorney for the State shall have the authority to dismiss the application at any stage of the proceeding.
18 V.S.A. § 5439 — VT Code / Title 18 / Chapter 121 / Section 5439
§ 5439. Dissolution of cemetery associations
Status: in_force

A cemetery association, which is not owned and operated by a church or by a religious or ecclesiastical society, may be dissolved under the provisions of 11B V.S.A. chapter 14. Upon dissolution, all lands owned or held by it for cemetery purposes and all perpetual care funds, trust funds, and all other property held or owned by it, less dissolution expenses, may be transferred to the town in which the lands are located, and thereafter these lands may become public burial grounds, and the town shall hold the perpetual care funds and trust funds in trust for the care, improvement, and embellishment of the lots in the cemetery, according to the terms upon which they were held by the association.
18 V.S.A. § 9012 — VT Code / Title 18 / Chapter 209 / Section 9012
§ 9012. Adoption; effect-Article XII
Status: in_force

This compact shall enter into full force and effect as to any state when enacted by it into law and such state shall thereafter be a party thereto with any and all states legally joining therein.
18 V.S.A. § 156 — VT Code / Title 18 / Chapter 4 / Section 156
§ 156. Liability
Status: in_force

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

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

(c) Nothing in this section shall be construed to apply to the unauthorized disclosure of confidential or privileged information when such disclosure is due to gross negligence or willful misconduct.
18 V.S.A. § 173 — VT Code / Title 18 / Chapter 4A / Section 173
§ 173. Duty of health care providers
Status: in_force

A health care provider that screens for, diagnoses, or provides therapeutic services to patients with amyotrophic lateral sclerosis shall report to the Department all individuals diagnosed as having amyotrophic lateral sclerosis not later than six months from the date of diagnosis. The report shall include information on each individual's usual occupation and industry of employment and other elements determined by rule to be appropriate.
18 V.S.A. § 5231 — VT Code / Title 18 / Chapter 107 / Section 5231
§ 5231. Civil action
Status: in_force

(a) Any individual who is a near relative of the decedent or the custodian of the decedent's remains may file an action in the Probate Division of the Superior Court requesting the court to appoint an individual to make decisions regarding the disposition of the decedent's remains or to resolve a dispute regarding the appropriate disposition of remains, including any decisions regarding funeral goods and services. The court or the individual filing the action may move to join any necessary person under the jurisdiction of the court as a party. The Agency of Human Services may also be joined as a party if it is suggested on the record that there will be insufficient financial resources to pay for funeral goods and services.

(b) In making its decision, the court shall consider the following factors:

(1) the decedent's expressed directions or wishes;

(2) the decedent's religious affiliation or beliefs;

(3) the cost and practicality of the proposed arrangements and disposition and the ability of the responsible party or parties to pay for the proposed arrangements and disposition;

(4) the relationship between the decedent and any individual claiming the right of disposition, including whether the individual and the decedent were estranged;

(5) the wishes of any individual willing to pay the cost of the proposed arrangements and disposition;

(6) whether the proposed arrangements are inclusive of the desires of the family; and

(7) any other information the court, in its discretion, deems relevant.

(c) Except as provided for under subdivision (b)(4) of this section, an individual who has paid or agreed to pay for all or part of the funeral arrangements or permanent disposition does not have greater priority to the right to disposition than as set forth in section 5227 of this title.

(d)(1) A funeral director or disposition facility operator may refuse to accept bodily remains, to inter or otherwise dispose of bodily remains, or to complete the arrangements for the permanent disposition until such time as the court issues an order or the parties to the action submit a final stipulation approved by the court regarding the disposition of remains.

(2) If the funeral director or disposition facility operator retains the remains for permanent disposition while an action is pending, the funeral director or disposition facility operator may refrigerate or shelter the remains while awaiting a preliminary or final order of the court. The cost of refrigeration or sheltering shall be the responsibility of the party or parties who contracted with the funeral director or disposition facility operator, the person or entity who is otherwise liable for the costs of permanent disposition, or the estate as ordered by the court, or any combination of these, and the court may include in the order a decision concerning which of these shall be responsible for paying these costs.

(e) If a funeral director or disposition facility operator commences an action under this section, the funeral director or disposition facility operator may ask the court to include an order against the estate or the parties for reasonable legal fees and costs. If the estate is insolvent and no other person should be responsible for the filing fee, the court may waive the filing fee. The court, in its discretion, may order a party or parties to pay the reasonable costs of permanent disposition as a condition of the appointment to make disposition decisions. The court may order that a party, or parties, including the petitioner, pay reasonable legal fees and costs associated with the action.

(f) Any appeal from the Probate Division shall be on the record to the Civil Division of the Superior Court. There shall be no appeal as a matter of right to the Supreme Court.
18 V.S.A. § 9709 — VT Code / Title 18 / Chapter 231 / Section 9709
§ 9709. Obligations of health care providers, health care facilities, residential care facilities, and health insurers regarding protocols and nondiscrimination
Status: in_force

(a) As used in this section, “DNR/COLST” shall mean do-not-resuscitate orders (DNR) and clinician orders for life sustaining treatment (COLST) as defined in section 9701 of this title.

(b) Every health care provider, health care facility, and residential care facility shall develop protocols:

(1) to ensure that a principal's advance directive, including any amendment, suspension, or revocation thereof, and DNR/COLST order, if any, are promptly available when services are to be provided, including that the existence of the advance directive, amendment, suspension, revocation, or DNR/COLST order is prominently noted on any file jacket or folder, and that a note is entered into any electronic database of the provider or facility;

(2) for maintaining advance directives received from individuals who anticipate future care but are not yet patients of that provider or facility;

(3) to ensure that the provider or facility checks the registry at the time any individual without capacity is admitted or provided services to determine whether the individual has an advance directive;

(4)(A) to ensure that, unless otherwise specified in an advance directive or guardianship order, an agent or guardian shall have the same rights a principal with capacity would have to:

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

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

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

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

(B) the exercise of rights under this subdivision shall not be construed to waive any privilege provided by law;

(5) to ensure that the provider or facility complies with its obligations under the Patient Self-Determination Act, 42 U.S.C. § 1395cc(a), and the regulations issued thereunder.

(c) Every health care facility and residential care facility shall develop written protocols to ensure that:

(1) A patient is asked if the patient has an advance directive:

(A) prior to an anticipated admission, when possible;

(B) if not possible prior to admission, as soon thereafter as possible; and

(C) periodically while at the facility.

(2)(A) A patient's advance directive is reviewed to determine whether the facility would decline to follow any of the advance directive's instructions pursuant to subsection 9707(b) of this title, in which case the facility shall comply with the requirements of subsection 9707(c) or subdivision 9707(b)(3) of this title.

(B) The review of a patient's advance directive required by this subdivision shall occur:

(i) prior to an anticipated admission, when possible;

(ii) if not possible prior to an anticipated admission, as soon thereafter as possible; and

(iii) when a patient executes an advance directive or an amendment to an advance directive.

(3) A patient with an advance directive is encouraged and helped to submit the advance directive or a notice of the advance directive to the registry.

(4) DNR/COLST orders are issued, revoked, and handled pursuant to the same process and standards that are used for each patient receiving health care.

(5) Upon transfer or discharge to another facility, a copy of any advance directive, DNR order, or COLST order shall be transmitted with the principal or patient. If the transfer is to a health care facility or residential care facility, any advance directive, DNR order, or COLST order shall be promptly transmitted to the subsequent facility, unless the sending facility has confirmed that the receiving facility has a copy of the advance directive, DNR order, or COLST order.

(6) For a patient for whom DNR/COLST orders are documented in a facility-specific manner, any DNR/COLST orders to be continued upon discharge, during transport, or in another setting shall be documented on the Vermont DNR/COLST form issued pursuant to subsection 9708(b) of this title or on the form as prescribed by the patient's state of residence.

(d)(1) Each nursing home and residential care facility that chooses to use volunteers to explain to residents the nature and effect of an advance directive as required by subsection 9703(d) of this title shall ensure that the volunteers have received appropriate training regarding the explanation of advance directives.

(2) Every hospital shall designate an adequate number of individuals to explain the nature and effect of an advance directive to patients as required by subsection 9703(e) of this title.

(e) No health care provider, health care facility, residential care facility, health insurer as defined in section 9402 of this title, insurer issuing disability insurance, or self-insured employee welfare benefit plan shall charge an individual a different rate or require any individual to execute an advance directive or to obtain a DNR/COLST order or DNR identification as a condition of admission to a facility or as a condition of being insured for or receiving health care or residential care. No health care shall be refused except as provided in this subchapter because an individual is known to have executed an advance directive.
18 V.S.A. § 9453 — VT Code / Title 18 / Chapter 221 / Section 9453
§ 9453. Powers and duties
Status: in_force

(a) The Board shall:

(1) adopt uniform formats that hospitals shall use to report financial, scope-of-services, and utilization data and information;

(2) designate a data organization with which hospitals shall file financial, scope-of-services, and utilization data and information; and

(3) designate a data organization or organizations to process, analyze, store, or retrieve data or information.

(b) To effectuate the purposes of this subchapter, the Board may adopt rules under 3 V.S.A. chapter 25.
18 V.S.A. § 5202 — VT Code / Title 18 / Chapter 107 / Section 5202
§ 5202. Report of death; death certificate; duties of licensed health care professional
Status: in_force

(a)(1) Within 24 hours after a death, the licensed health care professional who last attended a deceased person shall submit the medical portion of a report of death in a manner prescribed by the State Registrar. If the licensed health care professional who attended the death is unable to state the cause of death, he or she shall immediately notify the licensed health care professional, if any, who was in charge of the patient's care, and he or she shall fulfill this requirement.

(2) If neither health care professional is able to state the cause of death, the provisions of section 5205 of this title apply.

(3) The licensed health care professional may delegate to the funeral director or the person in charge of the body, with that individual's consent, the responsibility of completing the nonmedical portion of the report of death.

(4) The State Registrar shall furnish the agency responsible for veterans' affairs information as to the deceased's status as a veteran.

(5) The State Registrar shall register the report of death in the Statewide Registration System upon receipt of the required information. The portion of the report of death that is not confidential under section 5014 of this title is the death certificate.

(b) When a death certificate is not available prior to burial or transportation of a body, any licensed health care professional who has access to the facts and can certify that the death is not subject to the provisions of section 5205 of this title may complete and sign a preliminary report of death on a form prescribed by the State Registrar. The health care professional may delegate completion of the nonmedical facts to any funeral director or person in charge of the body with access to the nonmedical facts, with that individual's consent. A person authorized to issue a burial-transit permit shall accept a properly completed preliminary report and issue a burial-transit permit. The preliminary report may be destroyed six months after the death certificate has been registered. This subsection does not relieve a licensed health care professional from his or her responsibilities under subsection (a) of this section.
18 V.S.A. § 3614 — VT Code / Title 18 / Chapter 77 / Section 3614
§ 3614. Compliance; consistency with federal law
Status: in_force

Nothing in this chapter is intended or should be construed to conflict with applicable federal law.
18 V.S.A. § 4501 — VT Code / Title 18 / Chapter 90 / Section 4501
§ 4501. Definitions
Status: in_force

As used in this chapter:

(1) “Health care practitioner” means an individual licensed by the Board of Medical Practice or the Office of Professional Regulation to provide professional health care services in this State.

(2)(A) “Stem cell and stem cell-related products” means any articles that contain or consist, or purport to contain or consist, of one or more of the following, when intended for implantation, transplantation, infusion, or transfer into a human recipient and when intended for use in the diagnosis, cure, mitigation, treatment, or prevention of any disease or condition based on or in connection with a proven or purported attribute of stem cells:

(i) human cells, including cells from tissues such as bone marrow; adipose tissue; amniotic membrane; umbilical cord blood, when not autologous or in a first- or second-degree relative; placenta; and other tissue or cell sources;

(ii) intracellular or extracellular components or vesicles; or

(iii) amniotic fluid.

(B) For purposes of this chapter, “stem cell and stem cell-related products” does not include the use of whole blood or blood products for routine transfusions or use of hematopoietic stem cells for reconstitution of bone marrow after treatment of blood-related cancers or diseases such as leukemias or lymphomas.
18 V.S.A. § 4753 — VT Code / Title 18 / Chapter 93 / Section 4753
§ 4753. Care coordination
Status: in_force

Prescribing physicians and collaborating health care and addictions professionals may coordinate care for patients receiving medication for opioid use disorder, which may include monitoring adherence to treatment, coordinating access to recovery supports, and providing counseling, contingency management, and case management services.
18 V.S.A. § 1621 — VT Code / Title 18 / Chapter 31 / Section 1621
§ 1621. Commissioner of Health; duties
Status: in_force

The Commissioner of Health shall formulate and keep current a radiation incident plan for this State in accordance with the duty assumed pursuant to article III(a) of the compact.
18 V.S.A. § 5319 — VT Code / Title 18 / Chapter 121 / Section 5319
§ 5319. Disposition of remains of dead
Status: in_force

(a)(1) The permanent disposition of human remains shall be by:

(A) interment in the earth;

(B) deposit in a chamber, vault, or tomb formed wholly or partly above the surface of the ground of a cemetery conducted and maintained pursuant to the laws of the State;

(C) deposit in a crypt of a mausoleum;

(D) cremation; or

(E) natural organic reduction.

(2) However, this shall not be construed to prevent a private individual from setting aside a portion of the private individual's premises owned in fee by the private individual and using the premises as a burial space for the members of the private individual's immediate family, provided the private individual's use for such purpose is not in violation of the health laws and rules of the State and the town in which the land is situated.

(b)(1) Interment of any human body in the earth shall not be made unless the distance from the bottom of the outside coffin or body shall be at least three and one-half feet below the natural surface of the ground. Nothing in this subdivision shall be construed to prohibit the interment of a human body at a depth greater than three and one-half feet below the surface of the ground.

(2) The burial boundaries of a new or expanded cemetery shall be located:

(A) not less than 200 feet up gradient of a drilled bedrock well or a drilled well in a confined aquifer that is part of an exempt or permitted potable water supply or a transient noncommunity public water system source;

(B) not less than 500 feet up gradient from any other groundwater source that is part of an exempt or permitted potable water supply or a transient noncommunity public water system;

(C) not less than 150 feet cross or down gradient from any groundwater source that is part of an exempt or permitted potable water supply or transient noncommunity public water system;

(D) outside zone one or two of the source protection area for an existing or permitted public community water system;

(E) outside the source protection area for an existing or permitted nontransient, noncommunity public water system;

(F) outside a river corridor as defined in 10 V.S.A. § 1422 and delineated by the Agency of Natural Resources; and

(G) outside a flood hazard area as defined in 10 V.S.A. § 752, and delineated by the Federal Emergency Management Agency, National Flood Insurance Program.

(c) With the exception of human remains processed by natural organic reduction, the permanent disposition of human remains shall not be made in a single chamber, vault, or tomb wholly or partly above the surface of the ground unless the part thereof below the natural surface of the ground be of a permanent character, constructed of materials capable of withstanding extreme climatic conditions, be waterproof and air tight, and can be sealed permanently so as to prevent all escape of effluvia. That portion of the same above the natural surface of the ground shall be constructed of natural stone of a standard not less than that required by the U.S. government for monuments erected in national cemeteries, of durability sufficient to withstand all conditions of weather, and of a character to ensure its permanence.

(d) The remains of a human body after cremation or natural organic reduction may be deposited in a niche of a columbarium or a crypt of a mausoleum, buried, or disposed of in any manner not contrary to law.
18 V.S.A. § 9334 — VT Code / Title 18 / Chapter 217 / Section 9334
§ 9334. Genetic testing as a condition of insurance coverage
Status: in_force

(a) No policy of insurance offered for delivery or issued in this State shall be underwritten or conditioned on the basis of:

(1) any requirement or agreement of the individual to undergo genetic testing; or

(2) the results of genetic testing of a member of the individual's family.

(b) A violation of this section shall be considered an unfair method of competition or unfair or deceptive act or practice in the business of insurance in violation of 8 V.S.A. § 4724.

(c) In addition to other remedies available under the law, a person who violates this section shall be subject to the enforcement provisions available under Title 8.
18 V.S.A. § 4302 — VT Code / Title 18 / Chapter 85 / Section 4302
§ 4302. General requirements
Status: in_force

(a) A person shall not manufacture, prepare, pack, can, bottle, keep, store, handle, serve, or distribute in any manner food for the purpose of sale in an unclean, unsanitary, or unhealthful establishment or under unclean, unsanitary, or unhealthful conditions.

(b) A person shall not engage in the business of conducting a lodging establishment, short-term rental, or children's camp under unclean, unsanitary, or unhealthful conditions.
18 V.S.A. § 1907 — VT Code / Title 18 / Chapter 43 / Section 1907
§ 1907. Appeal
Status: in_force

Any applicant or licensee, or the State acting through the Attorney General, aggrieved by the decision of the licensing agency after a hearing, may, within 30 days after entry of the decision as provided in section 1906 of this title, appeal to the Superior Court wherein the appellant is located. The court may affirm, modify, or reverse the decision of the licensing agency and either the applicant or licensee or licensing agency or State may appeal to the Supreme Court for such further review as is provided by law. Pending final disposition of the matter, the status quo of the applicant or licensee shall be preserved, except as the court otherwise orders in the public interest.
18 V.S.A. § 126 — VT Code / Title 18 / Chapter 3 / Section 126
§ 126. Health orders
Status: in_force

(a) The Commissioner or the selectboard may issue a health order to:

(1) prevent, remove, or destroy any public health hazard;

(2) mitigate a significant public health risk;

(3) correct any violation of this title or any rules adopted pursuant to this title; or

(4) correct any violation of a permit restriction or requirement.

(b) The issuing authority for a State health order shall be the Commissioner. The issuing authority for a local health order shall be the selectboard.

(c) Prior to issuance of a health order under this section, the issuing authority shall provide notice as provided in this subsection.

(1) The health officer shall prepare a notice of intent to seek a health order, setting forth the health officer's reasons to believe a health order should be issued.

(2) The notice of intent, together with the supporting evidence, and a statement of procedural rights available under this section, shall be served in person by a health officer on the person against whom the health order is sought or in accordance with the procedures set forth in Vermont Rules of Civil Procedure. If the person resides out of state, the notice of intent shall be served on the person against whom the health order is sought through certified mail.

(3) Upon request of the person against whom the health order is sought, a hearing shall be held before the issuing authority. At such hearing, the person against whom the order is sought shall be given an opportunity to rebut the allegations and demonstrate that no health order should issue.

(d) A health order shall be effective upon issuance and may require any person responsible for contributing to the public health hazard or significant public health risk to take actions to protect the public health. Such actions may include the following:

(1) the prohibition of transportation, sale, distribution, or supplying of water, food, or any other materials or services;

(2) the repair, installation, construction, operation, or implementation of purification equipment or methods;

(3) testing, sampling, monitoring, surveying, or other analytical operations required to determine the nature, extent, duration, or severity of the public health hazard or public health risk;

(4) the impounding, destruction, or removal of any public health hazard;

(5) the quarantine or isolation of any area, persons, animals, or materials;

(6) the closing of and the prohibition of assemblage in any food or lodging establishment, church, school, or any other place of assemblage;

(7) the cessation of any acts, discharges, or processes contributing to a public health hazard or public health risk;

(8) the medical or veterinary treatment of any agent that is contributing to a public health hazard or a public health risk;

(9) the giving of notice to potential users, including travelers, of the goods or services, of the nature, extent, and possible health effects of the public health hazard or public health risk, and precautions to be taken by such users; or

(10) any other affirmative acts or prohibitions necessary to mitigate a significant public health risk.
18 V.S.A. § 175 — VT Code / Title 18 / Chapter 4A / Section 175
§ 175. Annual report
Status: in_force

Annually, on or before January 15, the Department shall submit a written report to the Governor, the House Committee on Human Services, and the Senate Committee on Health and Welfare containing the statewide prevalence and incidence estimates of amyotrophic lateral sclerosis, including any trends occurring over time across the State. Reports shall not contain information that directly or indirectly identifies an individual patient or health care provider.
18 V.S.A. § 505 — VT Code / Title 18 / Chapter 9 / Section 505
§ 505. Autopsies
Status: in_force

When a Superior judge or the Attorney General orders an autopsy on the body of a person, as provided in section 504 of this title, the Superior judge or the Attorney General shall direct that such autopsy shall be made by the Chief Medical Examiner, or under the Chief Medical Examiner's direction, unless, for good cause shown, such judge or the Attorney General otherwise directs.
18 V.S.A. § 3802 — VT Code / Title 18 / Chapter 79 / Section 3802
§ 3802. Pharmacy rights during an audit
Status: in_force

Notwithstanding any provision of law to the contrary, whenever a health insurer, a third-party payer, or an entity representing a responsible party conducts an audit of the records of a pharmacy, the pharmacy shall have a right to all of the following:

(1) To have an audit involving clinical or professional judgment be conducted by a pharmacist licensed to practice pharmacy in one or more states, who has at least a familiarity with Vermont pharmacy statutes and rules and who is employed by or working with an auditing entity.

(2) If an audit is to be conducted on-site at a pharmacy, the entity conducting the audit:

(A) shall give the pharmacy at least 14 days' advance written notice of the audit and the specific prescriptions to be included in the audit;

(B) shall not audit a pharmacy on Mondays or on weeks containing a federal holiday, unless the pharmacy agrees to alternative timing for the audit; and

(C) shall not audit claims that:

(i) were submitted to the pharmacy benefit manager more than 18 months prior to the date of the audit, unless:

(I) required by federal law; or

(II) the originating prescription was dated within the 24- month period preceding the date of the audit; or

(ii) exceed 200 selected prescription claims.

(3) If any audit is to be conducted remotely, the entity conducting the audit:

(A) shall give the pharmacy at least seven business days following the pharmacy's confirmation of receipt of the notice of the audit to respond to the audit; and

(B) shall not audit claims that:

(i) were submitted to the pharmacy benefit manager more than three months prior to the date of the audit or on a date earlier than that for which the pharmacy could electronically retransmit a corrected claim; or

(ii) exceed five selected prescription claims.

(4) To have auditors enter the prescription department only when accompanied by or authorized by a member of the pharmacy staff, and not to have auditors disrupt the provision of services to the pharmacy's customers.

(5) Not to have clerical or recordkeeping errors, including typographical errors, scrivener's errors, and computer errors, on a required document or record deemed fraudulent in the absence of any financial harm or other evidence; provided that this subdivision shall not be construed to prohibit recoupment of actual fraudulent payments.

(6) If required under the terms of the contract, to have the auditing entity provide to the pharmacy, upon request, all records related to the audit in an electronic or digital media format.

(7) In order to validate a pharmacy record with respect to a prescription or refill, to have the properly documented records of a hospital or of any person authorized by law to prescribe medication transmitted by any means of communication.

(8) To use any prescription that meets the requirements to be a legal prescription under Vermont law, including prescriber notations such as “as directed” and “as needed,” which require the professional judgment of the pharmacist to determine that the dose dispensed is within normal guidelines, to validate claims submitted for reimbursement for dispensing of original and refill prescriptions, or changes made to prescriptions.

(9) To dispense and receive reimbursement for the full quantity of the smallest commonly available commercially packaged product, including eye drops, insulin, and topical products, that contains the total amount required to be dispensed to meet the days' supply ordered by the prescriber, even if the full quantity of the commercially prepared package exceeds the maximum days' supply allowed.

(10) To determine the days' supply using the highest daily total dose that may be utilized by the patient pursuant to the prescriber's directions, and for prescriptions with a titrated dose schedule, to use the schedule to determine the days' supply.

(11) To be subject to recoupment only following the correction of a claim and to have recoupment limited to amounts paid in excess of amounts payable under the corrected claim.

(12) Not to have a demand for recoupment, repayment, or offset against future reimbursement for overpayment of a claim for dispensing of an original or refill prescription include the dispensing fee, unless the prescription that is the subject of the claim was not actually dispensed, was not valid, was fraudulent, or was outside the provisions of the contract; provided that this subdivision shall not apply if a pharmacy is required to correct an error in a claim submitted in good faith.

(13) Unless otherwise agreed to by contract, not to have an audit finding or demand for recoupment, repayment, or offset against future reimbursement made for any claim for dispensing of an original or refill prescription due to information missing from a prescription or to information not placed in a particular location when the information or location is not required or specified by State or federal law. The pharmacy shall be allowed 30 days to document and correct the missing information.

(14) In the event the actual quantity dispensed on a valid prescription for a covered beneficiary exceeded the allowable maximum days' supply of the product as defined in the contract, to have the amount to be recouped, repaid, or offset against future reimbursement limited to an amount calculated based on the quantity of the product dispensed found to be in excess of the allowed days' supply quantity and using the cost of the product as reflected on the original claim.

(15) Not to have the accounting practice of extrapolation used in calculating any recoupment or penalty, unless otherwise required by federal law or by federal health plans.

(16) Except for cases of federal Food and Drug Administration regulation or drug manufacturer safety programs, to be free of recoupments based on either:

(A) documentation requirements in addition to or in excess of State Board of Pharmacy documentation creation or maintenance requirements; or

(B) a requirement that a pharmacy or pharmacist perform a professional duty in addition to or in excess of State Board of Pharmacy professional duty requirements.

(17) Except for Medicare claims, to be subject to reversals of approval for drug, prescriber, or patient eligibility upon adjudication of a claim only in cases in which the pharmacy obtained the adjudication by fraud or misrepresentation of claim elements.

(18) To be audited under the same standards and parameters as other similarly situated pharmacies audited by the same entity.

(19) To have the preliminary audit report delivered to the pharmacy within 30 days following the pharmacy's preliminary response.

(20) To have at least 30 days following receipt of the preliminary audit report to produce documentation to address any discrepancy found during the audit.

(21) To have a final audit report delivered to the pharmacy within 30 days after the end of the appeals period, as required by section 3803 of this title.

(22) Except for audits initiated to address an identified problem, to be subject to no more than one audit per calendar year, unless fraud or misrepresentation is reasonably suspected.

(23) Not to have audit information from an audit conducted by one auditing entity shared with or utilized by another auditing entity, except as required by State or federal law.

(24) To have all payment data related to audited claims, including:

(A) payment amount;

(B) any direct and indirect remuneration (DIR) or generic effective rate (GER) fees assessed or other financial offsets;

(C) date of electronic payment or check date and number;

(D) the specific contracted reimbursement basis for each claim, including its basis, such as maximum allowable cost (MAC), wholesale acquisition cost (WAC), average wholesale price (AWP), or average manufacturer price (AMP); and

(E) the respective values used to calculate each claim payment.
18 V.S.A. § 4256 — VT Code / Title 18 / Chapter 84 / Section 4256
§ 4256. Overdose prevention centers
Status: in_force

(a) An overdose prevention center:

(1) provides a space, either at a fixed location or a mobile facility, supervised by health care professionals or other trained staff where persons who use drugs can consume preobtained drugs and medication for substance use disorder;

(2) provides harm reduction supplies, including sterile injection supplies; collects used hypodermic needles and syringes; and provides secure hypodermic needle and syringe disposal services;

(3) provides drug-checking services;

(4) answers questions on safer consumption practices;

(5) administers first aid, if needed, and monitors and treats potential overdoses;

(6) provides referrals to addiction treatment, medical services, and social services;

(7) educates participants on the risks of contracting HIV and viral hepatitis, wound care, and safe sex education;

(8) provides overdose prevention education and distributes overdose reversal medications, including naloxone;

(9) educates participants regarding proper disposal of hypodermic needles and syringes;

(10) provides reasonable security of the program site;

(11) establishes operating procedures for the program as well as eligibility criteria for program participants; and

(12) trains staff members to deliver services offered by the program.

(b) The Department of Health, in consultation with stakeholders and health departments of other jurisdictions that have overdose prevention centers, shall develop operating guidelines for overdose prevention centers not later than September 15, 2024. The operating guidelines shall include the level of staff qualifications required for medical safety and treatment and referral support and require an overdose prevention center to staff trained professionals during operating hours who, at a minimum, can provide basic medical care, such as CPR, overdose interventions, first aid, and wound care, as well as have the ability to perform medical assessments with program participants to determine if there is a need for emergency medical service response. Overdose prevention center staff may include peers, case managers, medical professionals, and mental health counselors.

(c)(1) The following persons are entitled to the immunity protections set forth in subdivision (2) of this subsection for participation in or with an approved overdose prevention center that is acting in the good faith provision of overdose prevention services in accordance with the guidelines established pursuant to this section:

(A) an individual using the services of an overdose prevention center;

(B) a staff member, operator, administrator, or director of an overdose prevention center, including a health care professional, manager, employee, or volunteer; or

(C) a property owner, lessor, or sublessor on the property at which an overdose prevention center is located and operates;

(D) an entity operating the overdose prevention center; and

(E) a State or municipal employee acting within the course and scope of the employee's employment.

(2) Persons identified in subdivision (1) of this subsection shall not be:

(A) cited, arrested, charged, or prosecuted for unlawful possession of a regulated drug in violation of this chapter or for attempting, aiding or abetting, or conspiracy to commit a violation of any of provision of this chapter;

(B) subject to property seizure or forfeiture for unlawful possession of a regulated drug in violation of this chapter;

(C) subject to any civil liability or civil or administrative penalty, including disciplinary action by a professional licensing board, credentialing restriction, contractual liability, or medical staff or other employment action; or

(D) denied any right or privilege.

(3) The immunity provisions of subdivisions (2)(A) and (B) of this subsection apply only to the use and derivative use of evidence gained as a proximate result of participation in or with an overdose prevention center. Entering, exiting, or utilizing the services of an overdose prevention center shall not serve as the basis for, or a fact contributing to the existence of, reasonable suspicion or probable cause to conduct a search or seizure.

(4) The immunity provisions in subdivision (2)(C) of this subsection shall not apply to:

(A) an individual using the services of an overdose prevention center if the basis for the civil claim is that the person operated a motor vehicle in violation of 23 V.S.A. § 1201; or

(B) claims unrelated to the provision of overdose prevention services.

(d) An entity operating an overdose prevention center shall make publicly available the following information annually on or before January 15:

(1) the number of program participants;

(2) deidentified demographic information of program participants;

(3) the number of overdoses and the number of overdoses reversed on- site;

(4) the number of times emergency medical services were contacted and responded for assistance;

(5) the number of times law enforcement were contacted and responded for assistance; and

(6) the number of participants directly and formally referred to other services and the type of services.

(e) An overdose prevention center shall not be construed as a health care facility for purposes of chapter 221, subchapter 5 of this title.
18 V.S.A. § 1751 — VT Code / Title 18 / Chapter 38 / Section 1751
§ 1751. Definitions
Status: reserved

(a) Words and phrases used in this chapter shall have the same meaning as provided in the federal Residential Lead-Based Paint Hazard Reduction Act of 1992 unless there is an inconsistency, in which case any definition provided in this section that narrows, limits, or restricts shall control.

(b) As used in this chapter:

(1) “Abatement” means any set of measures designed to eliminate lead hazards permanently in accordance with standards established by appropriate State and federal agencies. The term includes:

(A) removal of lead-based paint and lead-contaminated dust, permanent containment or encapsulation of lead-based paint, replacement of lead-painted surfaces or components, and removal or covering of lead-contaminated soil; and

(B) all preparation, cleanup, disposal, and post-abatement clearance testing activities associated with such measures.

(2) “Accredited training program” means a training program that has been approved by the Commissioner of Health to provide training for individuals engaged in lead-based paint activities or RRPM activities. Training program accreditation is issued to a specific training provider who shall receive accreditation for each training discipline that the accredited training program offers as a course.

(3) “Certified” means completion of an accredited training program by an individual.

(4) “Child” or “children” means an individual or individuals under 18 years of age, except where specified as a child or children six years of age or younger.

(5) “Child care facility” means a child care facility or family child care home as defined in 33 V.S.A. § 3511 that was constructed prior to 1978.

(6) “Child-occupied facility” means a building or portion of a building constructed prior to 1978, visited regularly by the same child, six years of age or under, on at least two different days within any week, provided that each day's visit lasts at least three hours and the combined weekly visits last at least six hours and the combined annual visits last at least 60 hours. Child-occupied facilities include child care facilities, preschools, and kindergarten classrooms.

(7) “Commercial facility” means any building constructed for the purposes of commercial or industrial activity and not primarily intended for use by the general public, including office complexes, industrial buildings, warehouses, factories, and storage facilities.

(8) “Component” or “building component” means specific design or structural elements or fixtures of a facility or residential dwelling that are distinguished from each other by form, function, and location. These include interior components such as ceilings; crown moldings; walls; chair rails; doors; door trim; floors; fireplaces; radiators and other heating units; shelves; shelf supports; stair treads; stair risers; stair stringers; newel posts; railing caps; balustrades; windows and trim, including sashes, window heads, jambs, sills, or stools and troughs; built-in cabinets; columns; beams; bathroom vanities; countertops; air conditioners; and exterior components such as painting; roofing; chimneys; flashing; gutters and downspouts; ceilings; soffits; fascias; rake boards; cornerboards; bulkheads; doors and door trim; fences; floors; joists; lattice work; railings and railing caps; siding; handrails; stair risers and treads; stair stringers; columns; windowsills or stools and troughs; casings; sashes and wells; and air conditioners.

(9) “Contractor” means any firm, partnership, association, corporation, sole proprietorship, or other business concern as well as any governmental, religious, or social organization or union that agrees to perform services.

(10) “Deteriorated paint” means any interior or exterior lead-based paint or other coating that is peeling, chipping, chalking, or cracking or any paint or other coating located on an interior or exterior surface or component that is otherwise damaged or separated from the substrate.

(11) “Due date” means the date by which an owner of rental target housing or a child care facility shall file with the Department the RRPM compliance statement required by section 1759 of this title. The due date shall be one of the following:

(A) not later than 365 days after the most recent RRPM compliance statement was received by the Department;

(B) within 60 days after the closing of the purchase of the property if no RRPM compliance statement was filed with the Department within the past 12 months;

(C) any other date agreed to by the owner and the Department; or

(D) any other date set by the Department.

(12) “Dwelling” means any residential unit, including attached structures such as porches and stoops, used as the home or residence of one or more persons.

(13) “Elevated blood lead level” means having a blood lead level of at least five micrograms per deciliter of human blood, or a lower threshold as determined by the Commissioner.

(14) “Facility” means any institutional, commercial, public, private, or industrial structure, installation, or building or private residence and its grounds.

(15) “Firm” means a company, partnership, corporation, sole proprietorship, or individual doing business; an association or business entity; a State or local government agency; or a nonprofit organization.

(16) “Independent dust clearance” means a visual examination and collection of dust samples by a lead-based paint inspector or lead-based paint inspector-risk assessor who has no financial interest in either the work being performed or the property to be inspected and is independent of both the persons performing the work and the owner of the property. The lead-based paint inspector or lead-based paint inspector-risk assessor shall use methods specified by the Department and analysis by an accredited laboratory to determine that lead exposures do not exceed limits set by the Department.

(17) “Inspection” means a surface-by-surface investigation to determine the presence of lead-based paint and other lead hazards and the provision of a report explaining the results of the investigation.

(18) “Interim controls” means a set of measures designed temporarily to reduce human exposure or likely exposure to lead hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead hazards or potential hazards, and the establishment of management and resident education programs.

(19) “Lead-based paint” means paint or other surface coatings that contain lead in an amount:

(A) equal to 1.0 mg/cm2 or 0.5 percent by weight or greater;

(B) lower than that described in subdivision (A) of this subdivision (19) as may be established by the Secretary of the U.S. Department of Housing and Urban Development pursuant to Section 302(c) of the Lead-Based Paint Poisoning Prevention Act; or

(C) lower than that described in subdivision (A) of this subdivision (19) as may be established by the Administrator of the U.S. Environmental Protection Agency.

(20) “Lead-based paint abatement supervisor” means any individual who has satisfactorily completed an accredited training program approved by the Commissioner and has a current license issued by the Department to perform abatement work supervision.

(21) “Lead-based paint abatement worker” means any individual who has satisfactorily completed an accredited training program approved by the Commissioner and has a current license issued by the Department to perform abatement work.

(22) “Lead-based paint activities” means:

(A) with regard to target housing or a child care facility: risk assessment, inspection, visual inspection for risk assessment, project design, abatement, visual inspection for clearance, dust clearance after an abatement project, and lab analysis of paint chip or dust wipe samples collected for the purpose of an inspection or risk assessment; and

(B) with regard to a public facility constructed before 1978, a commercial building, bridge, or other structure: inspection, risk assessment, project design, abatement, de-leading, removal of lead from bridges and other superstructures, visual inspection for clearance, dust clearance after an abatement project, and lab analysis of paint chip or dust wipe samples collected for the purposes of an inspection or risk assessment. As used in this subdivision (B), “de-leading” means activities conducted by a person who offers to eliminate or plan for the elimination of lead-based paint or lead hazards.

(23) “Lead-based paint contractor” means an entity that employs one or more individuals licensed by the Department under this chapter and has a current license issued by the Department to conduct lead-based paint activities or RRPM activities.

(24) “Lead-based paint inspector” means an individual who has satisfactorily completed an accredited training program approved by the Commissioner and has a current license issued by the Department to conduct lead-based paint inspections.

(25) “Lead-based paint inspector-risk assessor” means an individual who has satisfactorily completed an accredited training program approved by the Commissioner and has a current license issued by the Department to conduct lead-based paint inspections and risk assessments.

(26) “Lead-based paint project designer” means an individual who has satisfactorily completed an accredited training program approved by the Commissioner and has a current license issued by the Department to prepare lead abatement project designs, occupant protection plans, and abatement reports.

(27) “Lead hazard” means a condition that causes exposure to lead from contaminated dust, lead-contaminated soil, lead-containing coatings, or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects.

(28) “Lead-safe RRPM supervisor” means an individual who has completed an accredited RRPM training program approved by the Commissioner and, if performing services for compensation, has a current license issued by the Department. This individual is authorized to perform or supervise RRPM activities in target housing or a child-occupied facility in which interior or exterior lead-based paint will be disturbed.

(29) “License” means the document issued to an individual, entity, or firm indicating that the standards for licensure for each discipline, category of entity, or firm established in this chapter have been met.

(30) “Licensee” means a person who engages in lead-based paint activities or RRPM activities and has obtained a license to perform such activities for compensation.

(31) “Maintenance” means work intended to maintain and preserve target housing, a child-occupied facility, a pre-1978 facility, a commercial facility, bridge, or other superstructure. It does not include minor RRPM activities.

(32) “Minor RRPM activities” means maintenance and repair activities that disturb less than one square foot of painted surface for interior activities or 20 square feet or less of painted surface for exterior activities if the work does not involve window replacement or demolition of painted surface areas. With regard to removing painted components or portions of painted components, the entire surface area removed is the amount of painted surface disturbed. Work, other than emergency renovations, performed in the same room within the same 30-day period shall be considered the same work for the purposes of determining whether the work is a minor RRPM activity.

(33) “Occupant” means any person who resides in, or regularly uses, a dwelling, mobile dwelling, or structure.

(34) “Owner” means any person who, alone or jointly or severally with others:

(A) Has legal title to any dwelling or child care facility with or without actual possession of the property.

(B) Is the Chief Executive Officer of the municipal or State agency that owns, leases, or controls the use of publicly owned target housing or a child care facility.

(C) Is a person who has taken full legal title of a dwelling or child care facility through foreclosure, deed in lieu of foreclosure, or otherwise. “Owner” does not include a person who holds indicia of ownership given by the person in lawful possession for the primary purpose of assuring repayment of a financial obligation. Indicia of ownership includes interests in real or personal property held as security or collateral for repayment of a financial obligation such as a mortgage, lien, security interest, assignment, pledge, surety bond, or guarantee and includes participation rights of a financial institution used for legitimate commercial purposes in making or servicing the loan.

(35) “Owner's representative” means a person who has charge, care, or control of a dwelling or child care facility as property manager, agent, or guardian of the estate.

(36) “Public facility” means a house of worship; courthouse; jail; municipal room; State or county institution; railroad station; school building; social hall; hotel, restaurant, or building used or rented to boarders or roomers; place of amusement; factory; mill; workshop or building in which persons are employed; building used as a nursery, convalescent home, or home for the aged; tent or outdoor structure used for public assembly; and barn, shed, office building, store, shop, shop other than a workshop, or space where goods are offered for sale, wholesale, or retail. It does not include a family residence registered as a child care facility.

(37) “Renovation” means the modification of any existing structure or portion of an existing structure that results in the disturbance of a painted surface unless the activity is performed as part of a lead-based paint abatement activity or is a minor RRPM activity. Renovation includes the following when it results in the disturbance of a painted surface: the removal, modification, re-coating, or repair of a painted surface or painted component of a surface; the removal of building components; a weatherization project; and interim controls that disturb painted surfaces. “Renovation” includes the performance of activities for the purpose of converting a building or part of a building into target housing or a child-occupied facility when it results in the disturbance of a painted surface.

(38) “RRPM” means the Renovation, Repair, Painting, and Maintenance Program that pertains to projects that disturb lead-based paint on target housing and child-occupied facilities.

(39) “RRPM activities” means lead-safe renovation, repair, painting, and maintenance practices as required by section 1759 of this chapter and as adopted by rule by the Commissioner. It does not include minor RRPM activities.

(40) “RRPM firm” means a company, partnership, corporation, sole proprietorship, or individual doing business; association; or other business entity that regularly engages in RRPM activities for compensation and that employs or contracts with persons to perform RRPM activities as determined by the Department.

(41) “Rental target housing” means target housing offered for lease or rental under a rental agreement as defined in 9 V.S.A. § 4451. “Rental target housing” does not include a rented single room located within a dwelling in which the owner of the dwelling resides unless a child six years of age or younger resides in or is expected to reside in that dwelling. “Rental target housing” shall not include units in a hotel, motel, or other lodging, including condominiums that are rented for transient occupancy for 30 days or less.

(42) “Repair” means the restoration of paint or other coatings that have been damaged, including the repair of permanent containment around lead-based paint materials in a facility. Repair of previously encapsulated lead-based paint may involve filling damaged areas with non-lead paint substitutes and reencapsulating. It shall not include minor RRPM activities.

(43) “Risk assessment” means an on-site investigation by a lead-based paint inspector-risk assessor to determine and report the existence, nature, severity, and location of lead hazards, including information gathering about the age and history of the property and occupancy by children six years of age or younger, visual inspection, limited wipe sampling, or other environmental sampling techniques, other appropriate risk assessment activities, and a report on the results of the investigation.

(44) “Screen,” “screened,” or “screening” relating to blood lead levels means the initial blood test to determine the presence of lead in a human.

(45) “Superstructure” means a large steel or other industrial structure, such as a bridge or water tower, that may contain lead-based paint.

(46) “Target housing” means any dwelling constructed prior to 1978, except any 0-bedroom dwelling or any dwelling located in multiple-unit buildings or projects reserved for the exclusive use of elders or persons with disabilities, unless a child six years of age or younger resides in or is expected to reside in that dwelling.
18 V.S.A. § 7407 — VT Code / Title 18 / Chapter 177 / Section 7407
§ 7407. Mental health advisor
Status: in_force

The Commissioner, upon the request of 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 the mental health aspects of the licensing of motor vehicle operators.
18 V.S.A. § 602 — VT Code / Title 18 / Chapter 11 / Section 602
§ 602. Compensation of health officers
Status: in_force

(a) All compensation for services rendered by local health officers appointed under section 601 of this title shall be provided by and under the control of the selectboard.

(b) The selectboard may reimburse local health officers appointed under section 601 of this title for all reasonable expenses incurred by such local health officers in the execution of their duties.
18 V.S.A. § 1130 — VT Code / Title 18 / Chapter 21 / Section 1130
§ 1130. Immunization funding
Status: in_force

(a) As used in this section:

(1) “Health care facility” shall have the same meaning as in section 9402 of this title.

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

(3) “Health insurer” shall have the same meaning as in section 9402 of this title, but does not apply to insurers providing coverage only for a specified disease or other limited benefit coverage.

(4) “Immunizations” means vaccines and the application of the vaccines as recommended by the practice guidelines for children and adults established by the Advisory Committee on Immunization Practices (ACIP) to the Centers for Disease Control and Prevention (CDC).

(5) “State health care programs” means any health care program providing immunizations with funds available through State and federal sources.

(6) “Covered lives” means the number of Vermont residents covered under a health insurance plan provided or administered by a health insurer.

(b)(1) The Department of Health shall administer an immunization program with the goals of ensuring universal access to vaccines for all Vermonters at no charge to the individual and reducing the cost at which the State may purchase vaccines. The Department shall purchase, provide for the distribution of, and monitor the use of vaccines as provided for in this subsection and subsection (c) of this section. The cost of the vaccines and an administrative surcharge shall be reimbursed by health insurers as provided for in subsections (e) and (f) of this section.

(2) The Department shall solicit, facilitate, and supervise the participation of health care professionals, health care facilities, and health insurers in the immunization program in order to accomplish the State's goal of universal access to immunizations at the lowest practicable cost to individuals, insurers, and State health care programs.

(3) The Department shall gather and analyze data regarding the immunization program for the purpose of ensuring its quality and maximizing protection of Vermonters against diseases preventable by vaccination.

(c) The immunization program shall purchase vaccines from the federal Centers for Disease Control and Prevention at the lowest available cost. The Department shall determine annually which vaccines for adults shall be purchased under the program.

(d) The immunization program shall provide for distribution of the vaccines to health care professionals and health care facilities for administration to patients.

(e) Health insurers shall remit to the Department the cost of vaccines, as established by the Commissioner of Health based on the recommendation of the Immunization Funding Advisory Committee established in subsection (g) of this section.

(f) The Department shall charge each health insurer a surcharge for the costs and administration of the immunization program. The surcharge shall be deposited into an existing special fund and used solely for the purpose of administering the program.

(g)(1) The Immunization Funding Advisory Committee is established to provide the Commissioner of Health with an annual per-member per-month cost for vaccines for the pediatric population, an annual per-member per-month cost for vaccines for the adult population, and a recommendation for the amount of the yearly vaccine assessment. The Committee shall comprise the following nine members:

(A) the Executive Officer of the Board of Pharmacy;

(B) the Executive Director of the Green Mountain Care Board;

(C) a representative of the Vermont Blueprint for Health, nominated by the Director of the Blueprint and appointed by the Commissioner of Health;

(D) three representatives of health insurers, one from each of the State's largest private health insurers, as determined by the number of covered lives, appointed by the Commissioner of Health;

(E) a representative of the American Academy of Pediatrics, Vermont chapter, appointed by the Commissioner of Health;

(F) a representative of the American Academy of Family Medicine, Vermont chapter, appointed by the Commissioner of Health; and

(G) a representative of employers that self-insure for health coverage, appointed by the Commissioner of Health.

(2) The Committee shall select a chair from among its members at the first meeting of each calendar year. The Committee shall receive administrative support from the Department of Health.

(3) By January 1 of each year, the Committee shall provide to the Commissioner the annual fiscal assessment and the per-member per-month cost for pediatric vaccines based on the total number of pediatric covered lives reported by health insurers and the per-member per-month cost for adult vaccines based on the total number of adult covered lives reported by health insurers.

(h) If federal purchase requirements do not further the goal of ensuring universal access to vaccines for all, the Commissioner may, following consultation with the Immunization Funding Advisory Committee, discontinue the program with six months' advance notice to all health care professionals and to all health insurers with Vermont covered lives.

(i) The Department may adopt rules under 3 V.S.A. chapter 25 to implement this section.
18 V.S.A. § 5287 — VT Code / Title 18 / Chapter 113 / Section 5287
§ 5287. Insurance policies; prohibitions
Status: in_force

(a) A person and his or her beneficiaries shall not be denied benefits under a life insurance policy, as defined in 8 V.S.A. § 3301, for actions taken in accordance with this chapter.

(b) The sale, procurement, or issue of any medical malpractice insurance policy or the rate charged for the policy shall not be conditioned upon or affected by whether the physician is willing or unwilling to participate in the provisions of this chapter.
18 V.S.A. § 5234 — VT Code / Title 18 / Chapter 107 / Section 5234
§ 5234. Organ Donation Special Fund
Status: in_force

There is created the Organ Donation Special Fund, which shall be a special fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5. The Organ Donation Special Fund shall consist of any federal funds, grants, and private donations solicited by the Commissioner of Health for use within the Fund. The Organ Donation Special Fund shall be used for activities related to increasing organ donations in Vermont.
18 V.S.A. § 5218 — VT Code / Title 18 / Chapter 107 / Section 5218
§ 5218. Determination of death
Status: in_force

An individual who has sustained either irreversible cessation of all functions of the entire brain, including the brain stem, or irreversible cessation of circulatory and respiratory functions is dead. A determination of death must be in accordance with accepted medical standards.
18 V.S.A. § 1756 — VT Code / Title 18 / Chapter 38 / Section 1756
§ 1756. Annual report
Status: in_force

(a) The Commissioner shall, at least annually, analyze and summarize all aggregate lead screening and testing information provided by physicians, health care facilities, and laboratories and provide this information to all other local and State agencies involved with case management and lead hazard reduction.

(b) The Commissioner shall also at least annually provide to the General Assembly, the health community, and the general public an analysis and summary of such data and a progress report on the Commissioner's efforts to prevent lead poisoning in young children in a format that is easily understandable to nontechnical readers. The report shall include:

(1) The number and percentage of children under six years of age who have been screened and tested for lead poisoning and the number found to have lead poisoning at various levels.

(2) Estimates of the public and private costs incurred since July 1, 1993 to prevent, correct, or treat lead poisoning.

(3) An analysis of barriers to universal blood screening of children under six years of age.

(4) The Commissioner's recommendations for action.
18 V.S.A. § 4282 — VT Code / Title 18 / Chapter 84A / Section 4282
§ 4282. Definitions
Status: in_force

As used in this chapter:

(1) “Dispenser” means any person who “dispenses” or engages in “dispensing” as those terms are defined in 26 V.S.A. § 2022(5).

(2) “Health care provider” means an individual licensed, certified, or authorized by law to provide professional health care service in this State to an individual during that individual's medical or dental care, treatment, or confinement.

(3) “VPMS” means the Vermont Prescription Monitoring System established under this chapter.

(4) “Delegate” means an individual employed by a health care provider or pharmacy or in the Office of the Chief Medical Examiner and authorized by a health care provider or dispenser or by the Chief Medical Examiner to request information from the VPMS relating to a bona fide current patient of the health care provider or dispenser or to a bona fide investigation or inquiry into an individual's death.

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

(6) “Drug diversion investigator” means an employee of the Department of Public Safety whose primary duties include investigations involving violations of laws regarding prescription drugs or the diversion of prescribed controlled substances and who has completed a training program established by the Department of Health by rule that is designed to ensure that officers have the training necessary to use responsibly and properly any information that they receive from the VPMS.

(7) “Evidence-based” means based on criteria and guidelines that reflect high-quality, cost-effective care. The methodology used to determine such guidelines shall meet recognized standards for systematic evaluation of all available research and shall be free from conflicts of interest. Consideration of the best available scientific evidence does not preclude consideration of experimental or investigational treatment or services under a clinical investigation approved by an institutional review board.
18 V.S.A. § 705 — VT Code / Title 18 / Chapter 13 / Section 705
§ 705. Community health teams
Status: in_force

(a) Consistent with federal law to ensure federal financial participation, the community health team shall consist of health care professionals from multiple disciplines, including obstetrics and gynecology, pharmacy, nutrition and diet, social work, behavioral and mental health, chiropractic, other complementary and alternative medical practice licensed by the State, home health care, public health, and long-term care.

(b) The Director shall assist communities to identify the service areas in which the teams work, which may include a hospital service area or other geographic area.

(c) Health care professionals participating in a community health team shall:

(1) Collaborate with other health care professionals and with existing State agencies and community-based organizations in order to coordinate disease prevention, manage chronic disease, coordinate social services if appropriate, and provide an appropriate transition of patients between health care professionals or providers. Priority may be given to patients willing to participate in prevention activities or patients with chronic diseases or conditions identified by the Director of the Blueprint.

(2) Support a health care professional or practice that operates as a medical home, including by:

(A) assisting in the development and implementation of a comprehensive care plan for a patient that integrates clinical services with prevention and health promotion services available in the community and with relevant services provided by the Agency of Human Services. Priority may be given to patients willing to participate in prevention activities or patients with chronic diseases or conditions identified by the Director of the Blueprint;

(B) providing a method for health care professionals, patients, caregivers, and authorized representatives to assist in the design and oversight of the comprehensive care plan for the patient;

(C) coordinating access to high-quality, cost-effective, culturally appropriate, and patient- and family-centered health care and social services, including preventive services, activities that promote health, appropriate specialty care, inpatient services, medication management services provided by a pharmacist, and appropriate complementary and alternative (CAM) services;

(D) providing support for treatment planning, monitoring the patient's health outcomes and resource use, sharing information, assisting patients in making treatment decisions, avoiding duplication of services, and engaging in other approaches intended to improve the quality and value of health services;

(E) assisting in the collection and reporting of data in order to evaluate the Blueprint model on patient outcomes, including collection of data on patient experience of care, and identification of areas for improvement; and

(F) providing a coordinated system of early identification and referral for children at risk for developmental or behavioral problems, such as through the use of health information technology or other means as determined by the Director of the Blueprint.

(3) Provide care management and support when a patient moves to a new setting for care, including by:

(A) providing on-site visits from a member of the community health team, assisting with the development of discharge plans and medication reconciliation upon admission to and discharge from the hospital, nursing home, or other institution setting;

(B) generally assisting health care professionals, patients, caregivers, and authorized representatives in discharge planning, including by assuring that postdischarge care plans include medication management as appropriate;

(C) referring patients as appropriate for mental and behavioral health services;

(D) ensuring that when a patient becomes an adult, his or her health care needs are provided for; and

(E) serving as a liaison to community prevention and treatment programs.
18 V.S.A. § 102 — VT Code / Title 18 / Chapter 3 / Section 102
§ 102. Duties of Commissioner of Health
Status: in_force

The Commissioner shall supervise and direct the execution of all laws vested in the Department of Health by virtue of this title and shall formulate and carry out all policies relating thereto and shall adopt such rules as are necessary to administer this title and shall make a biennial report with recommendations to the Governor and to the General Assembly. The Commissioner'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 rulemaking on design standards for on-site sewage disposal systems.
18 V.S.A. § 4201 — VT Code / Title 18 / Chapter 84 / Section 4201
§ 4201. Definitions
Status: repealed

As used in this chapter:

“Professional board” means:

(A) in the case of a dentist, the State Board of Dental Examiners so designated under 26 V.S.A. chapter 12;

(B) in the case of a physician or surgeon, the State Board of Medical Practice so designated under 26 V.S.A. chapter 23;

(C) in the case of an osteopath, the State Board of Osteopathic Examination and Registration so designated under 26 V.S.A. chapter 33;

(D) in the case of a nurse, the Vermont State Board of Nursing so designated under 26 V.S.A. chapter 28;

(E) in the case of a pharmacist or pharmacy, the State Board of Pharmacy so designated under 26 V.S.A. chapter 36;

(F) in the case of a veterinarian, the State Veterinary Board so designated under 26 V.S.A. chapter 44;

(G) in the case of a hospital, laboratory, or nursing home, the Commissioner of Health so designated under chapter 3 of this title.

(2) [Repealed.]

(3) “Board of Pharmacy” means the State Board of Pharmacy so designated under 26 V.S.A. chapter 36.

(4) “Certificate” means a certificate of approval issued to a hospital, laboratory, or nursing home under section 4207 of this title.

(5) “Dentist” means a person authorized by law to practice dentistry in this State and who has a license issued to the person under this chapter authorizing him or her to use regulated drugs in connection with his or her professional practice.

(6) “Depressant or stimulant drug” means:

(A) any drug that contains any quantity of barbituric acid or any of the salts of barbituric acid, or any derivative of barbituric acid, that is designated as habit-forming because of its effect on the central nervous system in the rules adopted by the Department of Health under section 4202 of this title;

(B) any drug, other than methamphetamine, that contains any quantity of amphetamine or any of its optical isomers, any salt or amphetamine or any salt of an optical isomer of amphetamine, that the Department of Health so designates by such rule as habit-forming because of its effect on the central nervous system;

(C) gamma hydroxybutyric acid, including its salts, isomers, or salts of isomers;

(D) gamma butyrolactone, including 4-butyrolactone and gamma hydroxybutyric acid lactone, including its salts, isomers, or salts of isomers, when packaged, marketed, manufactured, or intended for human consumption;

(E) ketamine, including its salts, isomers, or salts of isomers;

(F) flunitrazepam, including its salts, isomers, or salts of isomers; and

(G) any drug, other than methamphetamine, that contains any quantity of a substance that the Department of Health so designates by such rule as having a serious potential for abuse arising out of its effect on the central nervous system.

(7) “Dispense” includes distribute, leave with, give away, dispose of, or deliver.

(8) “Exempt officials” includes officials of the United States, insular possessions, territories, the District of Columbia, state, and political subdivisions.

(9) “Federal drug laws” means the laws of the United States relating to one or more of those drugs which are defined in this chapter as regulated drugs.

(10) “Hallucinogenic drugs” means stramonium, mescaline or peyote, lysergic acid diethylamide, and psilocybin, and all synthetic equivalents of chemicals contained in resinous extractives of Cannabis sativa, or any salts or derivatives or compounds of any preparations or mixtures thereof, and any other substance that is designated as habit-forming or as having a serious potential for abuse arising out of its effect on the central nervous system or its hallucinogenic effect in the rules adopted by the Department of Health under section 4202 of this title.

(11) “Hospital” means an institution for the care and treatment of the sick and injured licensed as a hospital under chapter 43 of this title and a hospital conducted, maintained, and operated by the United States or the State of Vermont, approved under this chapter as proper to be entrusted with the custody and use of regulated drugs under the direction of a physician or dentist, confirmed by an official written order signed by a person authorized to prescribe such drugs.

(12) “Laboratory” means a laboratory approved under this chapter as proper to be entrusted with the custody and use of regulated drugs for scientific and medical purposes and for purposes of instruction.

(13) “License” means a license to practice their profession issued to one of those persons listed in subdivisions (1)(A) through (F) of this section by the person's respective professional board under the applicable laws of this State, or a license issued by the Department of Health under section 4206 of this title to a person not subject to the jurisdiction of any such professional board.

(14) “Manufacturer” means a person authorized by law to manufacture, bottle, or pack drugs in this State and who has a license issued to the person under this chapter to compound, mix, cultivate, produce, or prepare regulated drugs, but does not include a pharmacy that compounds such drugs to be sold or dispensed on prescriptions at retail.

(15)(A) “Cannabis” means all parts of the plant Cannabis sativa L., except as provided by subdivision (B) of this subdivision (15), whether growing or harvested, and includes:

(i) the seeds of the plant;

(ii) the resin extracted from any part of the plant; and

(iii) any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin.

(B) “Cannabis” does not include:

(i) the mature stalks of the plant and fiber produced from the stalks;

(ii) oil or cake made from the seeds of the plant;

(iii) any compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake;

(iv) the sterilized seed of the plant that is incapable of germination; or

(v) hemp or hemp products, as defined in 6 V.S.A. § 562.

(16) “Narcotic,” “narcotics,” or “narcotic drugs” means opium, coca leaves, pethidine (isonipecaine, meperidine), and opiates or their compound, manufacture, salt, alkaloid, or derivative, and every substance neither chemically nor physically distinguishable from them, and preparations containing such drugs or their derivatives, by whatever trade name identified and whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, as the same are so designated in the rules adopted by the Department of Health under section 4202 of this title.

(17) “Nurse” means any person authorized by law to practice nursing in this State.

(18) “Nursing home” means a facility, other than a hospital, operated for the purpose of providing lodging, board, and nursing care to persons who are sick, have an infirmity or disability, or are convalescing, approved under this chapter as proper to be entrusted with the custody and use of regulated drugs prescribed for such individual patients under its care under the direction of a physician or dentist, confirmed by an official written order signed by a person authorized to prescribe such drugs. No nursing home shall be granted a certificate of approval for the possession and use of such drugs unless such nursing home has a registered nurse or a licensed practical nurse on duty or on call 24 hours daily who will have sole responsibility for those drugs. Nothing in this chapter shall be construed as conferring on any nursing home, convalescent home, or home for the aged any authority, right, or privilege beyond that granted to it by the law under which it is licensed or otherwise authorized to function.

(19) “Official written order” means an order written on a form prescribed for that purpose by the U.S. Commissioner of Narcotics and issued by the U.S. Commissioner of Internal Revenue, under any laws of the United States making provision therefor, if such order forms are authorized and required by federal law, and if no such order form is provided, then on an official form provided for that purpose by the Commissioner of Health.

(20) “Person” includes an individual, partnership, corporation, association, trust, or other institution or entity.

(21) “Pharmacist” means any person authorized by law to practice pharmacy in this State; but nothing in this chapter shall be construed as conferring on a person any authority, right, or privilege that is not granted to him or her by the pharmacy laws of his or her state.

(22) “Pharmacy” means any place registered as such by the Board of Pharmacy in which drugs, prescriptions, or poisons are possessed for the purpose of compounding, dispensing, or retailing, or in which drugs, prescriptions, or poisons are compounded, dispensed, or retailed, or in which such drugs, prescriptions, or poisons are by advertising or otherwise offered for sale at retail and which has a license issued to it under this chapter authorizing the retail dealing of regulated drugs.

(23) “Physician” means a person authorized by law to practice medicine in this State and who has a license issued to the person under this chapter authorizing him or her to use regulated drugs in connection with his or her professional practice.

(24) “Practitioner” includes a physician, dentist, veterinarian, surgeon, or any other person who may be lawfully entitled under this chapter to distribute, dispense, prescribe, or administer regulated drugs to patients.

(25) “Prescribe” means an order for a patient made or given by a practitioner.

(26) “Prescription” means an order for a regulated drug made by a physician, physician assistant, advanced practice registered nurse, dentist, or veterinarian licensed under this chapter to prescribe such a drug which shall be in writing except as otherwise specified in this subdivision. Prescriptions for such drugs shall be made to the order of an individual patient, dated as of the day of issue and signed by the prescriber. The prescription shall bear the full name, address, and date of birth 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. Such prescription shall also bear the full name, address, and registry number of the prescriber and, unless electronically prescribed, shall be written with ink, indelible pencil, or typewriter; if typewritten, it shall be signed by the prescriber. A written or typewritten prescription for a controlled substance, as defined in 21 C.F.R. Part 1308, shall contain the quantity of the drug written both in numeric and word form. If a prescription is communicated orally, it shall be reduced promptly to writing by the pharmacist. Nothing in this subdivision is meant to authorize the oral communication of a prescription when a written prescription is otherwise required.

(27) “Registration” means the annual registration of licenses and certificates under this chapter.

(28) “Registry number” means the number assigned under rules adopted by the Department of Health to each person authorized under this chapter to use, prescribe, dispense, possess, or administer a regulated drug in connection with his or her professional practice.

(29) “Regulated drug” means:

(A) a narcotic drug;

(B) a depressant or stimulant drug, other than methamphetamine;

(C) a hallucinogenic drug;

(D) Ecstasy;

(E) cannabis;

(F) methamphetamine; or

(G) xylazine.

(30) “Sale” means transfer for a consideration or barter or exchange or an offer or express or implied promise to transfer for a consideration or barter or exchange, and each such transaction made by any person, whether as principal, proprietor, agent, servant, or employee.

(31) “Veterinarian” means a person authorized by law to practice veterinary medicine in this State and who has a license issued to the person under this chapter authorizing him or her to use regulated drugs in connection with his or her professional practice.

(32) “Veterinary hospital” means an institution equipped with the technical facilities and professional and technical personnel necessary for diagnosis and treatment of animals suffering from sickness or injury and which hospital is further approved under this chapter as proper to be entrusted with the custody and use of regulated drugs which may be used only by veterinarians in their professional practice at that hospital.

(33) “Wholesaler” means a person authorized by law, when so required, to sell at wholesale drugs in this State and further has a license issued to the person under this chapter to supply others than consumers with drugs or preparations containing a regulated drug that the person has not produced or prepared.

(34) “Deliver” means the actual, constructive, or attempted transfer or prescription of a regulated drug, whether or not there exists an agency relationship.

(35) “Cocaine” means coca leaves except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; cocaine, its salts, optical and geometric isomers, and salts of isomers; ecgonine, its derivatives, their salts, isomers, and salts of isomers; or any compound, mixture, or preparation which contains any quantity of any of the substances referred to in this subdivision.

(36) “Heroin” includes every substance not chemically or physically distinguishable from it and preparations containing heroin or its derivatives, by whatever name identified and whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, as designated by the Department of Health by rule.

(37) “Lysergic acid diethylamide” includes any salts or derivatives or compounds of any preparations or mixtures of lysergic acid diethylamide or any preparation, mixture, or compound containing any lysergic acid diethylamide.

(38) “Ecstasy” means 3,4-methylenedioxymethamphetamine, including its salts, isomers, or salts of isomers.

(39) “Methamphetamine” includes any quantity of the substance, its salt, isomers, salts of isomers, optical isomers, and salts of its optical isomers.

(40) [Repealed.]

(41) “Prescription drug” means any human drug required by federal law or regulation to be dispensed only by a prescription, including finished dosage forms and active ingredients subject to Section 503(b) of the federal Food, Drug and Cosmetic Act.

(42) “Ultimate user” means a patient who uses a prescription drug.

(43) “Immature cannabis plant” means a female cannabis plant that has not flowered and that does not have buds that may be observed by visual examination.

(44) “Mature cannabis plant” means a female cannabis plant that has flowered and that has buds that may be observed by visual examination.

(45) “Approved drug-checking service provider” means a provider who complies with operating guidelines developed by the Department of Health pursuant to section 4240a of this title.

(46) “Benchmark unlawful dosage” means the maximum recommended therapeutic dose, or maximum daily dose, as determined by the Department by rule.

(47) “Drug-checking” means the testing of a substance to determine its chemical composition or assist in determining whether the substance contains contaminants, toxic substances, or hazardous compounds.

(48) “Fentanyl” means any quantity of fentanyl, including any compound, mixture, or preparation including salts, isomers, or salts of isomers containing fentanyl. “Fentanyl” also means fentanyl-related substances as defined in rules adopted by the Department of Health pursuant to section 4202 of this title.

(49) “Xylazine” means any compound, mixture, or preparation including salts, isomers, or salts of isomers containing N-(2,6- dimethylphenyl)-5,6-dihydro-4H-1,3-thiazin-2-amine.
18 V.S.A. § 115 — VT Code / Title 18 / Chapter 3 / Section 115
§ 115. Public health surveillance assessment and planning
Status: in_force

(a) The Department of Health may, in the discretion of the Commissioner, accept for treatment children who have chronic diseases or developmental disabilities.

(b) The Commissioner of Health is authorized to:

(1) study the prevalence of chronic disease;

(2) make such morbidity studies as may be necessary to evaluate the overall problem of chronic disease and developmental disabilities;

(3) develop an early case-finding program, in cooperation with the medical profession;

(4) develop and carry on an educational program as to the causes, prevention, and alleviation of chronic disease and developmental disabilities; and

(5) adopt rules for the purpose of screening chronic diseases and developmental disabilities in newborns.

(c) The Department of Health is directed to consult and cooperate with the medical profession and interested official and voluntary agencies and societies in the development of this program.

(d) The Department is authorized to accept contributions or gifts that are given to the State for any of the purposes as stated in this section, and the Department is authorized to charge and retain monies to offset the cost of providing newborn screening program services.
18 V.S.A. § 8111 — VT Code / Title 18 / Chapter 191 / Section 8111
§ 8111. Appeals
Status: in_force

A person aggrieved by an act or decision of the Commissioner relating to the charge for the care and treatment of a patient or to rates of payment established in accordance with section 8101 of this title shall have an immediate right of appeal under the provisions for contested cases in 3 V.S.A. chapter 25.
18 V.S.A. § 1246 — VT Code / Title 18 / Chapter 24A / Section 1246
§ 1246. Lead remediation plan; guidance; communication
Status: in_force

(a) Consultation. When a laboratory analysis of a sample of drinking water from an outlet at a building or facility owned, controlled, or operated by a school district, supervisory union, independent school, or child care provider is at or above the action level, the school district, supervisory union, independent school, or child care provider may consult with the Commissioner regarding the development of a lead remediation plan or other necessary response.

(b) Guidance; lead remediation plan. The Commissioner, after consultation with the Secretary of Natural Resources, the Commissioner for Children and Families, and the Secretary of Education, shall issue guidance on development of a lead remediation plan by a school district, supervisory union, independent school, or child care provider. The guidance provided by the Commissioner shall reference the U.S. Environmental Protection Agency's 3Ts for Reducing Lead in Drinking Water in Schools.

(c) Communications. The Department of Health shall develop sample communications for parents for use by school districts, supervisory unions, independent schools, and child care providers concerning lead in water and reducing exposure to lead under this chapter.
18 V.S.A. § 8723 — VT Code / Title 18 / Chapter 204A / Section 8723
§ 8723. Department of Disabilities, Aging, and Independent Living; duties
Status: in_force

The Department shall plan, coordinate, administer, monitor, and evaluate State and federally funded services for people with developmental disabilities and their families within Vermont. The Department shall be responsible for coordinating the efforts of all agencies and services, government and private, on a statewide basis in order to promote and improve the lives of individuals with developmental disabilities. Within the limits of available resources, the Department shall:

(1) promote the principles stated in section 8724 of this title and shall carry out all functions, powers, and duties required by this chapter by collaborating and consulting with people with developmental disabilities, their families, guardians, community resources, organizations, and people who provide services throughout the State;

(2) develop, maintain, and monitor an equitably and efficiently allocated statewide system of community-based services that reflect the choices and needs of people with developmental disabilities and their families;

(3) acquire, administer, and exercise fiscal oversight over funding for community-based services, including the management of State contracts;

(4) identify resources and legislation needed to maintain a statewide system of community-based services;

(5) establish a statewide procedure for applying for services;

(6) facilitate or provide pre-service or in-service training and technical assistance to service providers consistent with the system of care plan;

(7) maintain a statewide system of quality assessment and assurance for services provided to people with developmental disabilities and provide quality improvement support to ensure that the principles of service in section 8724 of this title are achieved;

(8) encourage the establishment and development of locally administered and locally controlled nonprofit services for people with developmental disabilities, based on the specific needs of individuals and their families;

(9) promote and facilitate participation by people with developmental disabilities and their families in activities and choices that affect their lives and in designing services that reflect their unique needs, strengths, and cultural values;

(10) promote positive images and public awareness of people with developmental disabilities and their families;

(11) certify services that are paid for by the Department; and

(12) establish a procedure for investigation and resolution of complaints regarding the availability, quality, and responsiveness of services provided throughout the State.
18 V.S.A. § 605 — VT Code / Title 18 / Chapter 11 / Section 605
§ 605. Local health officer as secretary and executive officer of local board
Status: in_force

The local health officer shall be the secretary and executive officer of the local board of health and shall hold office for three years and until a successor is appointed.
18 V.S.A. § 4682 — VT Code / Title 18 / Chapter 91 / Section 4682
§ 4682. Discrimination against 340B entities prohibited
Status: in_force

(a) A manufacturer or its agent shall not deny, restrict, prohibit, or otherwise interfere with, directly or indirectly, the acquisition of a 340B drug by or delivery of a 340B drug to a 340B contract pharmacy on behalf of a 340B covered entity unless receipt by the 340B contract pharmacy is prohibited by the U.S. Department of Health and Human Services.

(b) A manufacturer or its agent shall not directly or indirectly require a 340B covered entity to submit any claims, utilization, encounter, purchase, or other data as a condition for allowing the acquisition of a 340B drug by or delivery of a 340B drug to a 340B contract pharmacy unless the claims or utilization data sharing is required by the U.S. Department of Health and Human Services.

(c) A manufacturer or its agent shall not interfere with the ability of a pharmacy contracted with a 340B covered entity to dispense 340B drugs to eligible patients of the 340B covered entity.

(d) A manufacturer or its agent shall offer or otherwise make available 340B drug pricing to a 340B covered entity or 340B contract pharmacy in the form of a discount at the time of purchase and shall not offer or otherwise make available 340B drug pricing in the form of a rebate.
18 V.S.A. § 9306 — VT Code / Title 18 / Chapter 215 / Section 9306
§ 9306. Comprehensive evaluation
Status: in_force

(a) The Family Division of the Superior Court shall mail a copy of any petition filed pursuant to section 9305 of this title to the Commissioner, who shall promptly arrange for the preparation of a comprehensive evaluation of the respondent. The evaluation shall include information regarding the respondent's developmental and social functioning that is relevant to the person's need for guardianship. The evaluation shall contain recommendations and supporting data regarding the ability of the respondent to function in society without guardianship and shall specify those activities for which the respondent needs supervision and protection and shall include information regarding the availability of one or more responsible adults to assist the individual in decision-making.

(b) The evaluation shall be prepared by a qualified developmental disabilities professional. The evaluation shall be completed within 40 days after the court's service of the petition upon the Commissioner unless the time period is extended by the court for cause. The Commissioner shall send the request for evaluation to the evaluator at least 30 days before it is due. The Commissioner shall provide for reimbursement of the costs of the evaluation.

(c) The Department shall send a copy of the evaluation to the court, the State's Attorney, the director of guardianship services, and to counsel for the respondent. The evaluation is a confidential document and shall not be further disclosed by the court and the parties without the consent of the respondent or a person authorized to act on behalf of the respondent, except that the Department shall release the evaluation to a developmental services agency, if necessary, for the purpose of obtaining or improving services to the person.

(d) The evaluation shall not be used as evidence in any other judicial proceeding without the consent of the respondent or the respondent's guardian or upon order of the court.
18 V.S.A. § 4243 — VT Code / Title 18 / Chapter 84 / Section 4243
§ 4243. Judicial forfeiture procedure
Status: in_force

(a) Conviction or agreement required. An asset is subject to forfeiture by judicial determination under section 4241 of this title and 13 V.S.A. § 364 if:

(1) a person is convicted of the criminal offense related to the action for forfeiture; or

(2) a person enters into an agreement with the prosecutor under which he or she is not charged with a criminal offense related to the action for forfeiture.

(b) Evidence. The State may introduce into evidence in the judicial forfeiture case the fact of a conviction in the Criminal Division of the Superior Court.

(c) Burden of proof. The State bears the burden of proving by clear and convincing evidence that the property is an instrument of or represents the proceeds of the underlying offense.

(d) Notice. Within 60 days from when the seizure occurs, the State shall notify any owners, possessors, and lienholders of the property of the action, if known or readily ascertainable. Upon motion by the State, a court may extend the time period for sending notice for a period not to exceed 90 days for good cause shown.

(e) Return of property. If notice is not sent in accordance with subsection (d) of this section, and no time extension is granted or the extension period has expired, the law enforcement agency shall return the property to the person from whom the property was seized. An agency's return of property due to lack of proper notice does not restrict the agency's authority to commence a forfeiture proceeding at a later time. Nothing in this subsection shall require the agency to return contraband, evidence, or other property that the person from whom the property was seized is not entitled to lawfully possess.

(f) Filing of petition. The State shall file a petition for forfeiture of any property seized under section 4242 of this title promptly, but not more than 14 days from the date the preliminary order or process is issued. The petition shall be filed in the Superior Court of the county in which the property is located or in any court with jurisdiction over a criminal proceeding related to the property.

(g) Service of petition. A copy of the petition shall be served on all persons named in the petition as provided for in Rule 4 of the Vermont Rules of Civil Procedure. In addition, the State shall cause notice of the petition to be published in a newspaper of general circulation in the State, as ordered by the court. The petition shall state:

(1) the facts upon which the forfeiture is requested, including a description of the property subject to forfeiture, and the type and quantity of regulated drug involved;

(2) the names of the apparent owner or owners, lienholders who have properly recorded their interests, and any other person appearing to have an interest; and, in the case of a conveyance, the name of the person holding title, the registered owner, and the make, model, and year of the conveyance.
18 V.S.A. § 254 — VT Code / Title 18 / Chapter 6 / Section 254
§ 254. Office of Health Equity
Status: in_force

(a) There is established the Office of Health Equity within the Department of Health for the purpose of eliminating avoidable and unjust disparities in health among Vermonters. The Office shall use a systemic and comprehensive approach that addresses those social, economic, and environmental factors that influence health outcomes.

(b) The Office of Health Equity shall be managed by an Executive Director, an individual who shall be qualified by reason of education, expertise, and experience and who may have a professional degree in public health, social or environmental justice, or a related field. The Executive Director shall report to the Commissioner of Health, serve on a full-time basis, and be exempt from classified service.
18 V.S.A. § 9391 — VT Code / Title 18 / Chapter 220 / Section 9391
§ 9391. Nomination and appointment process
Status: in_force

(a) Candidate selection process.

(1) Unless a vacancy is filled by reappointment by the Governor pursuant to subsection (c) of this section, not later than 90 days prior to a known vacancy occurring on the Green Mountain Care Board the Green Mountain Care Board Nominating Committee shall commence its nomination application process. The Committee shall select for consideration, by majority vote and provided that a quorum is present, from the applications for membership on the Green Mountain Care Board as many candidates as it deems qualified for the position or positions to be filled. The Committee shall base its determinations on the qualifications set forth in section 9392 of this title.

(2) A Board member who is resigning from the Board prior to the expiration of the member's term shall notify the Committee Chair, the Governor, and the Department of Human Resources of the member's anticipated resignation date. Once notified, the Committee Chair shall commence the nomination application process as soon as is practicable in light of the anticipated resignation date.

(b) Nomination list. The Committee shall submit to the Governor the names of the individuals it deems qualified to be appointed to fill the position or positions and the name of any incumbent member who was not reappointed pursuant to subsection (c) of this section and who notifies the Committee Chair, the Governor, and the Department of Human Resources that the incumbent wishes to be nominated. An incumbent shall not be required to submit an application for nomination and appointment to the Committee under subsection (a) of this section, but the Committee may request that the incumbent update relevant information as necessary.

(c) Reappointment; notification.

(1) Not later than 120 days prior to the end of a Board member's term, the member shall notify the Governor that the member either is seeking to be reappointed by the Governor for another term or that the member does not wish to be reappointed.

(2) If a Board member who is seeking reappointment is not reappointed by the Governor on or before 30 days after notifying the Governor, the member's term shall end on the expiration date of the member's current term, unless the member is nominated as provided in subsection (b) of this section and subsequently appointed, or as otherwise provided by law.

(3) A Board member's reappointment shall be subject to the consent of the Senate.

(d) Appointment; Senate consent. Unless the Governor reappointed a Board member pursuant to subsection (c) of this section, the Governor shall make an appointment to the Green Mountain Care Board from the list of qualified candidates submitted pursuant to subsection (b) of this section not later than 45 days after receipt of the candidate list. The appointment shall be subject to the consent of the Senate. The names of candidates submitted and not selected shall remain confidential.

(e) Confidentiality. All proceedings of the Committee, including the names of candidates considered by the Committee and information about any candidate submitted by any source, shall be confidential.
18 V.S.A. § 9486 — VT Code / Title 18 / Chapter 221 / Section 9486
§ 9486. Prohibition of waiver of rights
Status: in_force

Any waiver by a patient or other individual of any protection provided by or any right of the patient or other individual under this subchapter is void and shall not be enforced by any court or any other person.
18 V.S.A. § 4803 — VT Code / Title 18 / Chapter 94 / Section 4803
§ 4803. Substance Misuse Prevention Oversight and Advisory Council
Status: in_force

(a) Creation. There is created the Substance Misuse Prevention Oversight and Advisory Council within the Department of Health to improve the health outcomes of all Vermonters through a consolidated and holistic approach to substance misuse prevention that addresses all categories of substances. The Council shall provide advice to the Governor and General Assembly for improving prevention policies and programming throughout the State and to ensure that population prevention measures are at the forefront of all policy determinations. The Advisory Council's prevention initiatives shall encompass all substances at risk of misuse, including:

(1) alcohol;

(2) cannabis;

(3) controlled substances, such as opioids, cocaine, and methamphetamines; and

(4) tobacco products and tobacco substitutes as defined in 7 V.S.A. § 1001 and substances containing nicotine or that are otherwise intended for use with a tobacco substitute.

(b) Membership.

(1) The agenda of the Council shall be determined by an executive committee composed of the following members:

(A) the Commissioner of Health or designee, who shall serve as chair;

(B) a community leader in the field of substance misuse prevention, appointed by the Governor, who shall serve as vice chair;

(C) the Secretary of Education or designee;

(D) the Commissioner of Public Safety or designee; and

(E) the Chief Prevention Officer established pursuant to 3 V.S.A. § 2321.

(2) The members of the executive committee jointly shall appoint members to the Council with demographic and regional diversity. Members of the Council shall collectively offer expertise and experience in the categories listed in subdivisions (A)–(E) of this subdivision with the understanding that a single member may offer expertise and experience in multiple categories:

(A) at least two individuals with lived substance use disorder experience, including an individual in recovery and a family member of an individual in recovery;

(B) one or more youth less than 18 years of age;

(C) one or more young adults between 18 and 25 years of age;

(D) the Director of Trauma Prevention and Resilience Development established pursuant to 33 V.S.A. § 3403; and

(E) persons with expertise in the following disciplines:

(i) substance misuse prevention in a professional setting;

(ii) pediatric care specific to substance misuse prevention or substance use disorder;

(iii) academic research pertaining to substance misuse prevention or behavioral addiction treatment;

(iv) education in a public school setting specific to substance misuse prevention;

(v) law enforcement with expertise in drug enforcement, addressing impaired driving, and community policing;

(vi) community outreach or collaboration in the field of substance misuse prevention;

(vii) the criminal justice system;

(viii) treatment of substance use disorder;

(ix) recovery from substance use disorder in a community setting;

(x) municipalities;

(xi) community-based, nonprofit youth services;

(xii) substance use disorder or substance misuse prevention within the older Vermonter population; and

(xiii) comprehensive communications and media campaigns.

(c) Powers and duties. The Council shall strengthen the State's response to the substance use disorder crisis by advancing evidence-based and evidence-informed substance misuse prevention initiatives. The Council's duties shall include:

(1) reviewing and making recommendations on best practices to assist communities and schools to significantly reduce the demand for substances through prevention and education;

(2) reviewing substance misuse prevention program evaluations and making specific recommendations for modification based on the results, including recommendations to address gaps in both services and populations served;

(3) reviewing existing State laws, rules, policies, and programs and proposing changes to eliminate redundancy and to eliminate barriers experienced by communities and schools in coordinating preventative action with State government;

(4) reviewing existing community-based youth programming, including recreation, municipal programs, parent-child center programs, and afterschool and year-round programs, to determine a foundation of connection and support for all Vermont children and youth;

(5) reviewing community-based programs for older Vermonters for the purpose of identifying gaps in services, including geographic disparities, eliminating barriers, and coordinating prevention services;

(6) recommending strategies to integrate substance misuse prevention programming across the State, including between State agencies and in public-private partnerships;

(7) development of a statewide media campaign for substance misuse prevention; and

(8) holding a minimum of two public meetings to receive public input and advice for setting program priorities for substances at risk of misuse.

(d) Committees. The Council shall have the ability to create issue-specific committees for the purpose of carrying out its duties, such as a youth committee. Any committees created may draw on the expertise of any individual regardless of whether that individual is a member of the Council.

(e) Assistance. The Council shall have administrative, technical, and communications assistance from the Manager of Substance Misuse Prevention established pursuant to section 4804 of this title.

(f) Report. Annually on or before January 1, the Council shall submit a written report to the Governor, the House Committees on Appropriations and on Human Services, and the Senate Committees on Appropriations and on Health and Welfare with its findings and any recommendations for legislative action. The report shall also include the following:

(1) measurable goals for the effectiveness of prevention programming statewide;

(2) three to five performance measures for all substances at risk of misuse that demonstrate the system's results;

(3) the results of evaluations of State-funded programs; and

(4) an explanation of State-funded program budgets.

(g) Organization.

(1) Members of the Council shall serve two-year terms and may be reappointed. Any vacancy on the Council shall be filled in the same manner as the original appointment. The replacement member shall serve for the remainder of the unexpired term. Any individual interested in serving on the Council may submit a letter of interest or resume to the Manager of Substance Misuse Prevention.

(2) A majority of the membership shall constitute a quorum.

(h) Compensation and reimbursement. Members of the Council who are not employed by the State or whose participation is not supported through their employment or association shall be entitled to per diem compensation and reimbursement of expenses as permitted under 32 V.S.A. § 1010 for not more than six meetings per year, unless further authorized by the Commissioner of Health. Payments to members of the Council authorized under this subsection shall be made from monies appropriated to the Department of Health.
18 V.S.A. § 4637 — VT Code / Title 18 / Chapter 91 / Section 4637
§ 4637. Notice of introduction of new high-cost prescription drugs
Status: in_force

(a) As used in this section:

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

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

(b) A prescription drug manufacturer shall notify the Office of the Attorney General in writing if it is introducing a new prescription drug to market at a wholesale acquisition cost that exceeds the threshold set for a specialty drug under the Medicare Part D program. The manufacturer shall provide the written notice within three calendar days following the release of the drug in the commercial market. A manufacturer may make the notification pending approval by the U.S. Food and Drug Administration (FDA) if commercial availability is expected within three calendar days following the approval.

(c) Not later than 30 calendar days following notification pursuant to subsection (b) of this section, the manufacturer shall provide all of the following information to the Office of the Attorney General in a format that the Office prescribes:

(1) a description of the marketing and pricing plans used in the launch of the new drug in the United States and internationally;

(2) the estimated volume of patients who may be prescribed the drug;

(3) whether the drug was granted breakthrough therapy designation or priority review by the FDA prior to final approval; and

(4) the date and price of acquisition if the drug was not developed by the manufacturer.

(d) The manufacturer may limit the information reported pursuant to subsection (c) of this section to that which is otherwise in the public domain or publicly available.

(e) The Office of the Attorney General shall publish on its website at least quarterly the information reported to it pursuant to this section. The information shall be published in a manner that identifies the information that is disclosed on a per-drug basis and shall not be aggregated in a manner that would not allow identification of the drug.

(f) The Attorney General may bring an action in the Civil Division of the Superior Court, Washington County for injunctive relief, costs, and attorney's fees and to impose on a manufacturer that fails to provide the information required by subsection (c) of this section a civil penalty of not more than $1,000.00 per day for every day after the notification period described in subsection (b) of this section that the required information is not reported. In any action brought pursuant to this section, the Attorney General shall have the same authority to investigate and to obtain remedies as if the action were brought under the Consumer Protection Act, 9 V.S.A. chapter 63.
18 V.S.A. § 9308 — VT Code / Title 18 / Chapter 215 / Section 9308
§ 9308. Appointment of counsel
Status: in_force

Upon the filing of the petition, the court shall appoint counsel for the respondent, and shall notify the respondent of the name, address, and telephone number of the appointed counsel. Compensation shall be paid by the Department to counsel assigned by the court, any rule or law to the contrary notwithstanding. Counsel shall receive a copy of the petition and comprehensive evaluation and such other documents as may be received or issued by the court. Counsel shall consult with the respondent prior to the hearing and, to the maximum extent possible, explain to the respondent the meaning of the proceedings and of all relevant documents.
18 V.S.A. § 9405c — VT Code / Title 18 / Chapter 221 / Section 9405c
§ 9405c. Notice of acquisition
Status: in_force

(a) As used in this section:

(1) “Acquire” means a purchase or transfer through which a hospital will own or control the business of a medical practice.

(2) “Hospital” means a general hospital or hospital facility licensed under chapter 43 of this title.

(3) “Medical practice” means a business through which one or more physicians practice medicine.

(b) Each hospital shall provide notice to the Office of the Attorney General at least 90 days or as soon as practicable prior to the effective date of a transaction through which the hospital will acquire a medical practice. The notice shall include at least the following information:

(1) the name and address of the hospital acquiring the medical practice and contact information for a representative of the hospital; and

(2) the name and address of the medical practice being acquired and contact information for a representative of the medical practice.

(c) Information provided to the Office of the Attorney General pursuant to this section is exempt from public inspection and copying under the Public Records Act and shall be kept confidential except to the extent necessary to allow the Office to perform an inquiry into potentially anticompetitive practices.
18 V.S.A. § 9714 — VT Code / Title 18 / Chapter 231 / Section 9714
§ 9714. Failure to follow advance directive; unauthorized access of registry; administrative penalties
Status: in_force

(a) A health care provider, health care facility, residential care facility, funeral director, crematory operator, or cemetery official, or an employee of any of them having actual knowledge of an advance directive or an instruction of the principal, agent, or guardian is subject to review and disciplinary action by the appropriate licensing entity for failing to act in accordance with the advance directive or instruction or with subsection 9707(b) of this title.

(b) A health care provider, health care facility, residential care facility, funeral home director, crematory operator, cemetery official, probate division official, or procurement organization, or an employee of any of them, who accesses the registry without authority or when authority has been denied specifically by the principal, agent, or guardian is subject to review and disciplinary action by the appropriate licensing, accreditation, or approving entity.

(c) Nothing in this section shall be construed as limiting any other available remedies.

(d) Liability for the cost of health care, disposition of remains, anatomical gifts, or funeral goods and services provided pursuant to an advance directive or pursuant to an instruction of the agent, guardian, or individual designated in an advance directive to make decisions regarding disposition of remains shall be the same as if the services were provided pursuant to the principal's decision.
18 V.S.A. § 1102 — VT Code / Title 18 / Chapter 21 / Section 1102
§ 1102. Taking blood samples
Status: in_force

A practitioner of medicine and surgery or osteopathy attending a pregnant individual shall take samples of blood of such individual, if possible prior to the third month of gestation, and submit the same to a laboratory approved by the Commissioner for a standard serological test for syphilis. Every other person permitted by law to take blood tests shall similarly cause a sample of blood of a pregnant individual attended by the person to be taken by a duly licensed practitioner of medicine and surgery or osteopathy and submit it to a laboratory approved by the Commissioner for a standard serological test for syphilis.
18 V.S.A. § 8352 — VT Code / Title 18 / Chapter 196 / Section 8352
§ 8352. Treatment of minors
Status: in_force

A mental health care provider shall not use conversion therapy with a client younger than 18 years of age.
18 V.S.A. § 5315 — VT Code / Title 18 / Chapter 121 / Section 5315
§ 5315. Sale of property for other than burial purposes; disposition of proceeds
Status: in_force

Either before or after the recording of the plat, as provided in this chapter, whenever it is determined that such lands acquired for cemetery purposes, except those acquired by condemnation proceedings, are unsuitable for the permanent disposition of human remains, such lands may be sold for purposes other than permanent disposition and conveyed in fee simple in such manner and upon such terms as may be provided by the agencies owning the same. The proceeds thereof shall be applied to the purchase of other lands or to general cemetery purposes. When such sales are made, the land so sold shall be returned by the agencies to the tax lists for taxation. In the case of land acquired by condemnation proceedings, it shall be disposed of under the law governing the disposal of land acquired by condemnation proceedings. (V.S. 1947, § 4021. 1947, No. 202, § 4022. P.L. § 3853. 1933, No. 49, § 16; amended 2021, No. 169 (Adj. Sess.), § 10, eff. January 1, 2023; 2023, No. 6, § 171, eff. July 1, 2023.)
18 V.S.A. § 3604 — VT Code / Title 18 / Chapter 77 / Section 3604
§ 3604. Reporting
Status: in_force

Annually on or before January 15, the Department of Financial Regulation shall report to the House Committee on Health Care and the Senate Committees on Health and Welfare and on Finance regarding pharmacy benefit managers' compliance with the provisions of this chapter.
18 V.S.A. § 8725 — VT Code / Title 18 / Chapter 204A / Section 8725
§ 8725. System of care plan
Status: in_force

(a) Every three years, the Department shall adopt a plan for the nature, extent, allocation, and timing of services consistent with the principles of service set forth in section 8724 of this title that will be provided to people with developmental disabilities and their families.

(b)(1) The Commissioner shall determine plan priorities based upon:

(A) information obtained from people with developmental disabilities, their families, guardians, and people who provide the services;

(B) a comprehensive needs assessment that includes:

(i) demographic information about people with developmental disabilities;

(ii) information about existing services used by individuals and their families;

(iii) characteristics of unserved and underserved individuals and populations; and

(iv) the reasons for these gaps in service and the varying community needs and resources.

(2) Once the plan priorities are determined, the Commissioner shall consider funds available to the Department in allocating resources.

(c) Not later than 60 days before adopting the proposed plan, the Commissioner shall submit it to the Advisory Board established in section 8733 of this title for advice and recommendations. The Advisory Board shall provide the Commissioner with written comments on the proposed plan.

(d) The Commissioner may make annual revisions to the plan as deemed necessary in accordance with the process set forth in this section. The Commissioner shall submit any proposed revisions to the Advisory Board established in section 8733 of this title for comment within the time frame established by subsection (c) of this section.

(e) Notwithstanding 2 V.S.A. § 20(d), on or before February 15 of each year, the Department shall report to the Governor and the committees of jurisdiction regarding implementation of the plan, the extent to which the principles of service set forth in section 8724 of this title are achieved, and whether people with a developmental disability have any unmet service needs, including the number of people on waiting lists for developmental services.

(f) If the Department requires an extension to complete the system of care plan, it shall submit a written request indicating the anticipated completion date to the House Committee on Human Services and to the Senate Committee on Health and Welfare at least two months prior to the expiration of the existing system of care plan. The request for an extension may be granted upon the approval of both the Chairs of the House Committee on Human Services and the Senate Committee on Health and Welfare.
18 V.S.A. § 5250g — VT Code / Title 18 / Chapter 110 / Section 5250g
§ 5250g. Refusal to make anatomical gift; effect of refusal
Status: in_force

(a) An individual may refuse to make an anatomical gift of the individual's body or part by:

(1) an advance directive executed pursuant to chapter 231 of this title;

(2) a record signed by:

(A) the individual; or

(B) subject to subsection (b) of this section, another individual acting at the direction of the individual if the individual is physically unable to sign;

(3) the individual's will, whether or not the will is admitted to probate or invalidated after the individual's death; or

(4) any form of communication made by the individual during the individual's terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.

(b) A record signed pursuant to subdivision (a)(2)(B) 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 individual; and

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

(c) An individual who has made a refusal may amend or revoke the refusal:

(1) in the manner provided in subsection (a) of this section for making a refusal;

(2) by subsequently making an anatomical gift pursuant to section 5250e of this title that is inconsistent with the refusal; or

(3) by destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.

(d) Except as otherwise provided in subsection 5250h(h) of this title, in the absence of an express, contrary indication by the individual set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of the individual's body or part bars all other persons from making an anatomical gift of the individual's body or part.
18 V.S.A. § 4812 — VT Code / Title 18 / Chapter 94 / Section 4812
§ 4812. Substance Misuse Prevention Special Fund
Status: in_force

(a) The Substance Misuse Prevention Special Fund is established and managed by the Vermont Department of Health in accordance with 32 V.S.A. chapter 7, subchapter 5.

(b) Thirty percent of the revenues raised by the cannabis excise tax imposed pursuant to 32 V.S.A. § 7902, not to exceed $10,000,000.00 per fiscal year, shall be deposited into this fund for substance misuse prevention costs.

(c) Any unencumbered and unexpended spending authority reverted in accordance with 32 V.S.A. § 703 may be immediately re-established the following fiscal year in accordance with 32 V.S.A. § 511.

(d) Notwithstanding any provision of 32 V.S.A. chapter 7, subchapter 5 to the contrary, all interest earned by this fund shall be retained by this fund.
18 V.S.A. § 9405 — VT Code / Title 18 / Chapter 221 / Section 9405
§ 9405. State Health Improvement Plan; Health Resource Allocation Plan
Status: in_force

(a) The Secretary of Human Services or designee, in consultation with the Chair of the Green Mountain Care Board and health care professionals and after receipt of public comment, shall adopt a State Health Improvement Plan that sets forth the health goals and values for the State. The Secretary may amend the Plan as the Secretary deems necessary and appropriate. The Plan shall include health promotion, health protection, nutrition, and disease prevention priorities for the State; identify available human resources as well as human resources needed for achieving the State's health goals and the planning required to meet those needs; identify gaps in ensuring equal access to appropriate mental health care that meets standards of quality, access, and affordability equivalent to other components of health care as part of an integrated, holistic system of care; and identify geographic parts of the State needing investments of additional resources in order to improve the health of the population. Copies of the Plan shall be submitted to members of the Senate Committee on Health and Welfare and the House Committee on Health Care.

(b) The Green Mountain Care Board, in consultation with the Secretary of Human Services or designee, shall publish on its website the Health Resource Allocation Plan identifying Vermont's critical health needs, goods, services, and resources, which shall be used to inform the Board's regulatory processes, cost containment and statewide quality of care efforts, health care payment and delivery system reform initiatives, and any allocation of health resources within the State. The Plan shall identify Vermont residents' needs for health care services, programs, and facilities; the resources available and the additional resources that would be required to realistically meet those needs and to make access to those services, programs, and facilities affordable for consumers; and the priorities for addressing those needs on a statewide basis. The Board may expand the Plan to include resources, needs, and priorities related to the social determinants of health. The Plan shall be revised periodically but not less frequently than once every four years.

(1) In developing the Plan, the Board shall:

(A) consider the principles in section 9371 of this title, as well as the purposes enumerated in sections 9401 and 9431 of this title;

(B) identify priorities using information from:

(i) the State Health Improvement Plan;

(ii) emergency medical services resources and needs identified by the EMS Advisory Committee in accordance with subsection 909(f) of this title;

(iii) the community health needs assessments required by section 9405a of this title;

(iv) available health care workforce information;

(v) materials provided to the Board through its other regulatory processes, including hospital budget review, oversight of accountable care organizations, issuance and denial of certificates of need, and health insurance rate review; and

(vi) the public input process set forth in this section;

(C) use existing data sources to identify and analyze the gaps between the supply of health resources and the health needs of Vermont residents and to identify utilization trends to determine areas of underutilization and overutilization; and

(D) consider the cost impacts of fulfilling any gaps between the supply of health resources and the health needs of Vermont residents.

(2) The Green Mountain Care Board shall convene the Green Mountain Care Board General Advisory Committee established pursuant to subdivision 9374(e)(1) of this title to provide recommendations to the Board during the Board's development of the Plan.

(3) The Board shall receive and consider public input on the Plan at a minimum of one Board meeting and one meeting of the Advisory Committee and shall give interested persons an opportunity to submit their views orally and in writing.

(4) The Board shall include reproductive health care services and gender-affirming health care services, as those terms are defined in 1 V.S.A. § 150, in its Plan analysis.

(5) As used in this section:

(A) “Health resources” means investments into the State's health care system, including investments in personnel, equipment, and infrastructure necessary to deliver:

(i) hospital, nursing home, and other inpatient services;

(ii) ambulatory care, including primary care services, mental health services, health screening and early intervention services, and services for the prevention and treatment of substance use disorders;

(iii) home health services; and

(iv) emergency care, including ambulance services.

(B) “Health resources” may also include investments in personnel, equipment, and infrastructure necessary to address the social determinants of health.
18 V.S.A. § 4250 — VT Code / Title 18 / Chapter 84 / Section 4250
§ 4250. Selling or dispensing a regulated drug with death resulting
Status: in_force

(a) If the death of a person results from the selling or dispensing of a regulated drug to the person in violation of this chapter, the person convicted of the violation shall be imprisoned not less than two years nor more than 20 years.

(b) This section shall apply only if the person's use of the regulated drug is the proximate cause of the person's death. The fact that a dispensed or sold substance contains more than one regulated drug shall not be a defense under this section if the proximate cause of death is the use of the dispensed or sold substance containing more than one regulated drug.

(c)(1) Except as provided in subdivision (2) of this subsection, the two-year minimum term of imprisonment required by this section shall be served and may not be suspended, deferred, or served as a supervised sentence. The defendant shall not be eligible for probation, parole, furlough, or any other type of early release until the expiration of the two-year term of imprisonment.

(2) Notwithstanding subdivision (1) of this subsection, the court may impose a sentence that does not include a term of imprisonment or that includes a term of imprisonment of less than two years if the court makes findings on the record that the sentence will serve the interests of justice.
18 V.S.A. § 1791 — VT Code / Title 18 / Chapter 40 / Section 1791
§ 1791. Definitions
Status: in_force

As used in this chapter:

(1) “Place of public accommodation” has the same meaning as in 9 V.S.A. § 4501.

(2) “Public building” has the same meaning as in 20 V.S.A. § 2730.

(3) “Single-user toilet facility” means a single-occupancy restroom with at least one water closet and with an outer door that can be locked by the occupant.
18 V.S.A. § 4289 — VT Code / Title 18 / Chapter 84A / Section 4289
§ 4289. Standards and guidelines for health care providers and dispensers
Status: in_force

(a) Each professional licensing authority for health care providers shall develop evidence-based standards to guide health care providers in the appropriate prescription of Schedules II, III, and IV controlled substances for treatment of acute pain, chronic pain, and for other medical conditions to be determined by the licensing authority. The standards developed by the licensing authorities shall be consistent with rules adopted by the Department of Health. The licensing authorities shall submit their standards to the Commissioner of Health, who shall review for consistency across health care providers and notify the applicable licensing authority of any inconsistencies identified.

(b)(1) Each health care provider who prescribes any Schedule II, III, or IV controlled substances shall register with the VPMS by November 15, 2013.

(2) If the VPMS shows that a patient has filled a prescription for a controlled substance written by a health care provider who is not a registered user of VPMS, the Commissioner of Health shall notify the applicable licensing authority and the provider by mail of the provider's registration requirement pursuant to subdivision (1) of this subsection.

(3) The Commissioner of Health shall develop additional procedures to ensure that all health care providers who prescribe controlled substances are registered in compliance with subdivision (1) of this subsection.

(c) Except in the event of electronic or technological failure, health care providers shall query the VPMS with respect to an individual patient in the following circumstances:

(1) at least annually for patients who are receiving ongoing treatment with an opioid Schedule II, III, or IV controlled substance;

(2) when starting a patient on a Schedule II, III, or IV controlled substance for nonpalliative long-term pain therapy of 90 days or more;

(3) the first time the provider prescribes an opioid Schedule II, III, or IV controlled substance written to treat chronic pain; and

(4) prior to writing a replacement prescription for a Schedule II, III, or IV controlled substance pursuant to section 4290 of this title.

(d)(1) Each dispenser who dispenses any Schedule II, III, or IV controlled substances shall register with the VPMS.

(2) Except in the event of electronic or technological failure, dispensers shall query the VPMS in accordance with rules adopted by the Commissioner of Health.

(3) Pharmacies and other dispensers shall report each dispensed prescription for a Schedule II, III, or IV controlled substance to the VPMS within 24 hours or one business day after dispensing.

(e) The Commissioner of Health shall, after consultation with the Vermont Prescription Drug Advisory Council, adopt rules necessary to effect the purposes of this section. The Commissioner and the Council shall consider additional circumstances under which health care providers should be required to query the VPMS, including whether health care providers should be required to query the VPMS prior to writing a prescription for any opioid Schedule II, III, or IV controlled substance or when a patient requests renewal of a prescription for an opioid Schedule II, III, or IV controlled substance written to treat acute pain, and the Commissioner may adopt rules accordingly.

(f) Each professional licensing authority for health care providers and dispensers shall consider the statutory requirements, rules, and standards adopted pursuant to this section in disciplinary proceedings when determining whether a licensee has complied with the applicable standard of care.
18 V.S.A. § 906 — VT Code / Title 18 / Chapter 17 / Section 906
§ 906. Emergency Medical Services Division; responsibilities
Status: repealed

To implement the policy of section 901 of this chapter, the Department of Health shall be responsible for:

(1) Developing and implementing minimum standards for training emergency medical personnel in basic life support and advanced life support, and licensing emergency medical personnel according to their level of training and competence. The Department shall establish by rule at least three levels of emergency medical personnel instructors and the education required for each level.

(2) Developing and implementing minimum standards for vehicles used in providing emergency medical care, designating the types and quantities of equipment that must be carried by these vehicles, and registering those vehicles according to appropriate classifications.

(3) Developing a statewide system of emergency medical services, including planning, organizing, coordinating, improving, expanding, monitoring, and evaluating emergency medical services.

(4) [Repealed.]

(5) Developing volunteer and career response time standards for urban and rural requests for emergency services.

(6) Training, or assisting in the training of, emergency medical personnel.

(7) Assisting hospitals in the development of programs that will improve the quality of in-hospital services for persons requiring emergency medical treatment.

(8) Developing and implementing procedures to ensure that emergency medical services are rendered only with appropriate medical control. For the provision of advanced life support, appropriate medical control shall include at a minimum:

(A) written protocols between the appropriate officials of receiving hospitals and emergency medical services districts defining their operational procedures;

(B) where necessary and practicable, direct communication between emergency medical personnel and a physician or person acting under the direct supervision of a physician;

(C) when such communication has been established, a specific order from the physician or person acting under the direct supervision of the physician to employ a certain medical procedure;

(D) use of advanced life support, when appropriate, only by emergency medical personnel who are certified by the Department of Health to employ advanced life support procedures.

(9) Establishing requirements for the collection of data by emergency medical personnel and hospitals as may be necessary to evaluate emergency medical treatment.

(10) Establishing, by rule, license levels for emergency medical personnel. The Commissioner shall use the guidelines established by the National Highway Traffic Safety Administration (NHTSA) in the U.S. Department of Transportation as a standard or other comparable standards, except that a felony conviction shall not necessarily disqualify an applicant. The rules shall also provide that:

(A) An individual may apply for and obtain one or more additional licenses, including licensure as an advanced emergency medical technician or as a paramedic.

(B) An individual licensed by the Commissioner as an emergency medical technician, advanced emergency medical technician, or paramedic, who is affiliated with an affiliated agency, shall be able to practice fully within the scope of practice for such level of licensure as defined by NHTSA's National EMS Scope of Practice Model consistent with the license level of the affiliated agency, and subject to the medical direction of the emergency medical services district medical advisor.

(C)(i) Unless otherwise provided under this section, an individual seeking any level of licensure shall be required to pass an examination approved by the Commissioner for that level of licensure, except that any psychomotor skills testing for emergency medical responder, or emergency medical technician licensure shall be accomplished either by the demonstration of those skills competencies as part of the education required for that license level as approved by the Department or by the National Registry of Emergency Medical Technicians' psychomotor examination.

(ii) Written and practical examinations shall not be required for relicensure; however, to maintain licensure, all individuals shall complete a specified number of hours of continuing education as established by rule by the Commissioner. The Commissioner shall ensure that continuing education classes are available online and provided on a regional basis to accommodate the needs of volunteers and part-time individuals, including those in rural areas of the State.

(D) If there is a hardship imposed on any applicant for a license under this section because of unusual circumstances, the applicant may apply to the Commissioner for a temporary or permanent waiver of one or more of the licensure requirements, which the Commissioner may grant for good cause.

(E) An applicant who has served as a hospital corpsman or a medic in the U.S. Armed Forces, or who is licensed as a registered nurse or a physician assistant shall be granted a permanent waiver of the training requirements to become a licensed emergency medical technician, an advanced emergency medical technician, or a paramedic, provided the applicant passes the applicable examination approved by the Commissioner for that level of licensure and is affiliated with an affiliated agency.

(F) An applicant who is registered on the National Registry of Emergency Medical Technicians as an emergency medical technician, an advanced emergency medical technician, or a paramedic shall be granted licensure as a Vermont emergency medical technician, an advanced emergency medical technician, or a paramedic without the need for further testing, provided he or she is affiliated with an affiliated agency or is serving as a medic with the Vermont National Guard.

(G) [Repealed.]

(11) In addition to the licenses established under subdivision (10) of this section, the Department shall establish by rule an entry-level certification for Vermont EMS first responders.
18 V.S.A. § 1909 — VT Code / Title 18 / Chapter 43 / Section 1909
§ 1909. Inspections
Status: in_force

The licensing agency shall make or cause to be made such inspections and investigations as it deems necessary. If the licensing agency finds a violation as the result of an inspection or investigation, the licensing agency shall post a report on the licensing agency's website summarizing the violation and any corrective action required.
18 V.S.A. § 7622 — VT Code / Title 18 / Chapter 181 / Section 7622
§ 7622. Expert testimony
Status: in_force

(a) A mental health professional testifying at hearings conducted under this part may, if appropriately qualified, give opinion testimony and, notwithstanding 12 V.S.A. § 1612, describe any information that he or she acquired in attending the patient.

(b) The facts or data in the particular case, upon which an expert bases an opinion or inference, may be those perceived by or made known to him or her at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence.
18 V.S.A. § 4053 — VT Code / Title 18 / Chapter 82 / Section 4053
§ 4053. Rules and hearings
Status: in_force

(a) The authority to enforce this chapter is vested in the Department. The Department shall from time to time for the efficient enforcement of this chapter adopt rules after public hearing following due notice at least 10 days in advance of the hearings to interested persons.

(b) In addition to the other remedies provided in this chapter, the Commissioner is hereby authorized through the Attorney General or State's Attorneys to apply to the Civil or Criminal Division of any Superior Court, and the court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person from violating any provision of this chapter, irrespective of whether or not there exists an adequate remedy at law.

(c)(1) Any hazardous substance that is in a misbranded package when introduced into or while in intrastate commerce within this State for sale within this State shall be liable to be proceeded against on libel of information and condemned in any court within this State having jurisdiction over such an action. Any hazardous substance condemned under this section shall, after entry of the decree, be disposed of by destruction or sale as the court may direct and the proceeds thereof, if sold, less the legal costs and charges, shall be paid to the State Treasurer, but the hazardous substance shall not be sold under the decree contrary to the provisions of this chapter or the laws of the jurisdiction in which sold, provided that, upon the payment of costs of the proceeding and the execution and delivery of a good and sufficient bond conditioned that the hazardous substance shall not be sold or disposed of contrary to the provisions of this chapter, the court may direct that the hazardous substance be delivered to the owner thereof to be destroyed or brought into compliance with the provisions of this chapter by relabeling or reprocessing, as the case may be.

(2) When a decree of condemnation is entered against the hazardous substance, court costs and fees and storage and other proper expenses shall be awarded against the person, or one intervening as claimant of the hazardous substance.

(d) Before any violation of this chapter is reported for institution of a criminal proceeding, the person against whom such proceeding is contemplated may be given appropriate notice and an opportunity to present the person's views to the Commissioner, either orally or in writing, with regard to the contemplated proceeding. Nothing in this chapter shall be construed as requiring the Commissioner to report for prosecution or for the institution of libel proceedings minor violations of the chapter whenever the Commissioner believes that the public interest will be best served by a suitable notice of warning in writing.