18 V.S.A. § 9434 — VT Code / Title 18 / Chapter 221 / Section 9434
§ 9434. Certificate of need; general rules
Status: repealed

(a) A health care facility shall not develop or have developed on its behalf a new health care project without issuance of a certificate of need by the Board. For purposes of this subsection, a “new health care project” means any of the following:

(1) The construction, development, purchase, renovation, or other establishment of a health care facility, or any capital expenditure by or on behalf of a health care facility, for which the capital cost exceeds $10,000,000.00.

(2) A change from one licensing period to the next in the number of licensed beds of a health care facility through addition or conversion, or through relocation from one physical facility or site to another.

(3) The offering of any home health service, or the transfer or conveyance of more than a 50 percent ownership interest in a health care facility other than a hospital or nursing home.

(4) The purchase, lease, or other comparable arrangement of a single piece of diagnostic and therapeutic equipment for which the cost, or in the case of a donation the value, is in excess of $5,000,000.00. For purposes of this subdivision, the purchase or lease of one or more articles of diagnostic or therapeutic equipment that are necessarily interdependent in the performance of their ordinary functions or that would constitute any health care facility included under subdivision 9432(8)(B) of this title, as determined by the Board, shall be considered together in calculating the amount of an expenditure. The Board's determination of functional interdependence of items of equipment under this subdivision shall have the effect of a final decision and is subject to appeal under section 9381 of this title.

(5) The offering of a health care service or technology having an annual operating expense that exceeds $3,000,000.00 for either of the next two budgeted fiscal years, if the service or technology was not offered or employed, either on a fixed or a mobile basis, by the health care facility within the previous three fiscal years.

(6) [Repealed.]

(b) [Repealed.]

(c) In the case of a project that requires a certificate of need under this section, expenditures for which are anticipated to be in excess of $50,000,000.00, the applicant first shall secure a conceptual development phase certificate of need, in accordance with the standards and procedures established in this subchapter, that permits the applicant to make expenditures for architectural services, engineering design services, or any other planning services, as defined by the Board, needed in connection with the project. Upon completion of the conceptual development phase of the project, and before offering or further developing the project, the applicant shall secure a final certificate of need in accordance with the standards and procedures established in this subchapter. Applicants shall not be subject to sanctions for failure to comply with the provisions of this subsection if such failure is solely the result of good faith reliance on verified project cost estimates issued by qualified persons, which cost estimates would have led a reasonable person to conclude the project was not anticipated to be in excess of $50,000,000.00 and therefore not subject to this subsection. The provisions of this subsection notwithstanding, expenditures may be made in preparation for obtaining a conceptual development phase certificate of need, which expenditures shall not exceed $10,000,000.00.

(d) If the Board determines that a person required to obtain a certificate of need under this subchapter has separated a single project into components in order to avoid cost thresholds or other requirements under this subchapter, the person shall be required to submit an application for a certificate of need for the entire project, and the Board may proceed under section 9445 of this title. The Board's determination under this subsection shall have the effect of a final decision and is subject to appeal under section 9381 of this title.

(e) The Board may periodically adjust the monetary jurisdictional thresholds contained in this section. In doing so, the Board shall reflect the same categories of health care facilities, services, and programs recognized in this section. Any adjustment by the Board shall not exceed an amount calculated using the cumulative Consumer Price Index rate of inflation.
18 V.S.A. § 1777 — VT Code / Title 18 / Chapter 38A / Section 1777
§ 1777. Chemicals of High Concern to Children Fund
Status: in_force

(a) The Chemicals of High Concern to Children Fund is established in the State Treasury, separate and distinct from the General Fund, to be administered by the Commissioner of Health. Interest earned by the Fund shall be credited to the Fund. Monies in the Fund shall be made available to the Department of Health and the Agency of Natural Resources to pay costs incurred in administration of the requirements of this chapter.

(b) The Chemicals of High Concern to Children Fund shall consist of:

(1) fees and charges collected under section 1775 of this chapter;

(2) private gifts, bequests, grants, or donations made to the State from any public or private source for the purposes for which the Fund was established; and

(3) such sums as may be appropriated by the General Assembly.
18 V.S.A. § 8728 — VT Code / Title 18 / Chapter 204A / Section 8728
§ 8728. Rights of recipients
Status: in_force

(a) Every person with a developmental disability who receives services has the right to:

(1) Be free from aversive procedures, devices, and treatments.

(2) Privacy, dignity, confidentiality, and humane care.

(3) Associate with individuals of both genders.

(4) Communicate in private by mail and telephone.

(5) Communicate in his or her primary language and primary mode of communication.

(6) Be free from retaliation for making a complaint, voicing a grievance, recommending changes in policies, or exercising a legal right.

(7) Maintain contact with family, unless contact has been restricted by court order.

(8) Refuse or terminate services, except where services are required by court order.

(9) Have access to, read, and challenge any information contained in any records about the person that are maintained by the Department or any agency or program funded by the Department and to file a written statement in the record regarding any portion of the record with which the person disagrees.

(b) Every family that receives services has the right to:

(1) Receive services without relinquishing custody of a child or children, except when custody is terminated in accordance with Vermont law.

(2) Privacy and confidentiality.

(3) Communicate in the family's primary language and primary mode of communication.

(4) Be free from retaliation for making a complaint, voicing a grievance, recommending a change in policy, or exercising a legal right.

(c) People committed to the care of the Commissioner pursuant to chapter 206, subchapter 3 of this title, relating to judicial proceedings, shall have all the rights provided by this section except when the Commissioner restricts those rights for reasons of safety, security, or treatment.
18 V.S.A. § 5250k — VT Code / Title 18 / Chapter 110 / Section 5250k
§ 5250k. Persons that may receive anatomical gift; purpose of anatomical gift
Status: in_force

(a) An anatomical gift may be made to the following persons named in the document of gift:

(1) a hospital; accredited medical school, dental school, college, or university; organ procurement organization; or other appropriate person, for research or education;

(2) subject to subsection (b) of this section, an individual designated by the person making the anatomical gift if the individual is the recipient of the part;

(3) an eye bank or tissue bank.

(b) If an anatomical gift to an individual under subdivision (a)(2) of this section cannot be transplanted into the individual, the part passes in accordance with subsection (g) of this section in the absence of an express, contrary indication by the person making the anatomical gift.

(c) If an anatomical gift of one or more specific parts or of all parts is made in a document of gift that does not name a person described in subsection (a) of this section but identifies the purpose for which an anatomical gift may be used, the following rules apply:

(1) If the part is an eye and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate eye bank.

(2) If the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank.

(3) If the part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as custodian of the organ.

(4) If the part is an organ, an eye, or tissue and the gift is for the purpose of research or education, the gift passes to the appropriate procurement organization.

(d) For the purpose of subsection (c) of this section, if there is more than one purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift shall be used for transplantation or therapy, if suitable for those purposes. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education.

(e) If an anatomical gift of one or more specific parts is made in a document of gift that does not name a person described in subsection (a) of this section and does not identify the purpose of the gift, the gift shall pass in accordance with subsection (g) of this section, and the parts shall be used for transplantation or therapy, if suitable for those purposes; if not suitable for transplantation or therapy, the gift may be used for research or education.

(f) If a document of gift specifies only a general intent to make an anatomical gift by words such as “donor,” “organ donor,” or “body donor,” or by a symbol or statement of similar import, the gift shall pass in accordance with subsection (g) of this section, and the parts shall be used for transplantation or therapy, if suitable for those purposes; if not suitable for transplantation or therapy, the gift may be used for research or education.

(g) For purposes of subsections (b), (e), and (f) of this section, the following rules apply:

(1) If the part is an eye, the gift passes to the appropriate eye bank.

(2) If the part is tissue, the gift passes to the appropriate tissue bank.

(3) If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ.

(h) An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under subdivision (a)(2) of this section, passes to the organ procurement organization as custodian of the organ.

(i) If an anatomical gift does not pass pursuant to subsections (a) through (h), inclusive, of this section, or the decedent's body or part is not used for transplantation, therapy, research, or education, custody of the body or part passes to the person under obligation to dispose of the body or part.

(j) A person may not accept an anatomical gift if the person knows that the gift was not effectively made under section 5250e or 5250j of this title or if the person knows that the decedent made a refusal under section 5250g of this title that was not revoked. For purposes of this subsection, if a person knows that an anatomical gift was made on a document of gift, the person is deemed to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift.

(k) Except as otherwise provided in subdivision (a)(2) of this section, nothing in this chapter affects the allocation of organs for transplantation or therapy.
18 V.S.A. § 8909 — VT Code / Title 18 / Chapter 207 / Section 8909
§ 8909. Boards of directors of nonprofit corporations designated as community mental health and developmental disability agencies
Status: in_force

(a) The board of a nonprofit corporation that is designated by the Commissioner of Mental Health or of Disabilities, Aging, and Independent Living to be a community mental health and developmental disability agency shall be representative of the demographic makeup of the area served by the agency. A majority of the members of the board shall be composed of both individuals who are or were eligible to receive services from an agency because of their disability, and family members of an individual who is or was eligible to receive services because of his or her disability. The board president shall survey board members on an annual basis and shall certify to the Commissioner that the composition of the board is comprised of a majority as required by this section. This composition of the board shall be confirmed by the organization's annual independent audit. Annually, the board shall determine whether or not this disclosure shall be made available to the public on request. The board shall have overall responsibility and control of the planning and operation of the community mental health agency.

(b) The board shall direct the development of the local community services plan and shall consult with the Commissioners, with consumers, with other organizations representing persons receiving services, persons with developmental disabilities, and children and adolescents with a severe emotional disturbance, and with other governmental or private agencies that provide community services to the people served by the agency to determine the needs of the community for mental health and developmental disability services, and the priority need for service. The plan shall encourage utilization of existing agencies, professional personnel, and public funds at both State and local levels in order to improve the effectiveness of mental health and developmental disability services and to prevent unnecessary duplication of expenditures.

(c) For the purpose of this section:

(1) “Disability” means, with respect to an individual,

(A) a physical or mental impairment, including alcoholism and substance abuse as defined by the Americans with Disabilities Act, that substantially limits one or more of the major life activities of the individual;

(B) a record of such an impairment; or

(C) being regarded as having such an impairment.

(2) “Family member” means an individual who is related to the individual with a disability by blood, marriage, or adoption, or considers himself or herself to be family based upon bonds of affection, and who currently shares a household with the individual with a disability or has, in the past, shared a household with that individual. For the purposes of this section, “bonds of affection” means enduring ties that do not depend on the existence of an economic relationship.

(3) “Commissioner” means either the Commissioner of Mental Health or the Commissioner of Disabilities, Aging, and Independent Living, or both, depending on the circumstances and subject matter of the issue or issues being addressed.
18 V.S.A. § 1653 — VT Code / Title 18 / Chapter 32 / Section 1653
§ 1653. Federal-State agreements
Status: reserved

(a) The Governor, on behalf of the State of Vermont, may enter into agreements with the federal government providing for discontinuance of certain of the federal government's responsibilities with respect to by-product, source, and special nuclear materials and the assumption of these responsibilities by the State of Vermont.

(b) In the event of such agreement:

(1) The Department shall provide by rule for general or specific licensing of by-product, source, special nuclear materials, or devices or equipment utilizing such materials. The rule shall provide for amendment, suspension, or revocation of licenses. A rule adopted under this subsection shall be consistent with regulations duly adopted by the NRC except as the Commissioner determines is necessary to protect public health.

(2) The Department shall have authority to:

(A) impose conditions that are individual to a license when necessary to protect public health and safety;

(B) reciprocate in the recognition of specific licenses issued by the NRC or another state that has reached agreement with the NRC pursuant to 42 U.S.C. § 2021(b) (agreement state);

(C) require that licensees and unlicensed individuals comply with the federal statutes and regulations relating to the authority assumed by the Department under this section and with the rules adopted by the Department under this section; and

(D) exempt certain by-product, source, or special nuclear materials or kinds of uses or users from the licensing or registration requirements set forth in this section when the Department makes a finding that the exemption of such materials or kinds of uses or users will not constitute a significant risk to the health and safety of the public.

(3) The Department may collect a fee for licenses issued under this section. The fee schedule for these licenses shall be the schedule adopted by the U.S. Nuclear Regulatory Commission and published in 10 C.F.R. § 170.31 that is in effect as of July 1, 2016. Fees collected under this section shall be credited to the Nuclear Regulatory Fund established and managed under subdivision (4) of this subsection and shall be available to the Department to offset the costs of providing services under this section.

(4) There is established the Nuclear Regulatory Fund to consist of the fees collected under subdivision (3) of this subsection and any other monies that may be appropriated to or deposited into the Fund. Balances in the Nuclear Regulatory Fund shall be expended solely for the purposes set forth in this section and shall not be used for the general obligations of government. All balances in the Fund at the end of any fiscal year shall be carried forward and remain part of the Fund, and interest earned by the Fund shall be deposited in the Fund. The Nuclear Regulatory Fund is established in the State Treasury pursuant to 32 V.S.A. chapter 7, subchapter 5.

(5) Any person having a license immediately before the effective date of an agreement under subsection (a) of this section from the federal government or agreement state relating to by-product material, source material, or special nuclear material and which on the effective date of this agreement is subject to the control of this State shall be considered to have a like license with the State of Vermont until the expiration date specified in the license from the federal government or agreement state or until the end of the 90th day after the person receives notice from the Department that the license will be considered expired.

(6) The Department shall require each person who possesses or uses by-product, source, or special nuclear materials to maintain records relating to the receipt, storage, transfer, or disposal of such materials and such other records as the Department may require subject to such exemptions as may be provided by rule.

(7) Violations:

(A) A person shall not use, manufacture, produce, transport, transfer, receive, acquire, own, or possess any by-product, source, or special nuclear material unless licensed by or registered with the Department in accordance with the provisions of this chapter or rules adopted under this chapter.

(B) The Department shall have the authority in the event of an emergency to impound or order the impounding of by-product, source, and special nuclear materials in the possession of any person who is not equipped to observe or fails to observe the provisions of this chapter or any rules adopted under this chapter.

(8) The provisions of this section relating to the control of by-product, source, and special nuclear materials shall become effective on the effective date of an agreement between the federal government and this State as provided in subsection (a) of this section.

(c) This section does not confer authority to regulate materials or activities reserved to the NRC under 42 U.S.C. § 2021(c) and 10 C.F.R. Part 150.
18 V.S.A. § 8845 — VT Code / Title 18 / Chapter 206 / Section 8845
§ 8845. Petition and order for continued custody, care, and habilitation
Status: in_force

(a)(1) If, prior to the expiration of any previous commitment order issued in accordance with 13 V.S.A. § 4823 or this subchapter, the Commissioner believes that the person is a person in need of continued custody, care, and habilitation, the Commissioner shall seek continued custody, care, and habilitation in the Family Division of the Superior Court. The Commissioner shall, by filing a written petition, commence proceedings for the continued custody, care, and habilitation of a person. The petition shall state the current and relevant facts upon which the person's alleged need for continued custody, care, and habilitation is predicated.

(2) Any commitment order for custody, care, and habilitation or continued custody, care, and habilitation issued in accordance with 13 V.S.A. § 4823 or this subchapter shall remain in force pending the court's decision on the petition.

(b) Upon receipt of the petition for the continued custody, care, and habilitation, the court shall hold a hearing within 14 days after the date of filing. The hearing may be continued for good cause shown.

(c) If the court finds by clear and convincing evidence at the time of the hearing that the person is a person in need of continued custody, care, and habilitation, it shall issue an order of commitment for up to one year in a designated program in the least restrictive environment consistent with the person's need for continued custody, care, and habilitation. If the court finds at the time of the hearing that the person is no longer in need of continued custody, care, and habilitation, it shall discharge the person from the custody of the Commissioner in accordance with section 8847 of this subchapter. In determining whether a person is a person in need of continued custody, care, and habilitation, the court shall consider the degree to which the person has previously engaged in or complied with the treatment and programming provided by the Commissioner.
18 V.S.A. § 5008 — VT Code / Title 18 / Chapter 101 / Section 5008
§ 5008. Town clerk; recording and indexing procedures
Status: in_force

A town clerk shall file for record and index in volumes all marriage certificates and burial-transit permits received by the town. Each volume or series shall contain an alphabetical index. Civil marriage certificates shall be filed for record in one volume or series, civil union certificates kept in another, and burial-transit permits in another, except that in a town having less than 500 inhabitants, the town clerk may cause civil marriage, civil union, and burial-transit permits to be filed for record in one volume.
18 V.S.A. § 4671 — VT Code / Title 18 / Chapter 91 / Section 4671
§ 4671. Creation of program
Status: in_force

The Agency of Human Services may contract or enter into agreements with qualified entities as needed to create and administer an unused drug repository program for the collection and distribution of unused drugs in Vermont, to the extent that funds are appropriated or otherwise made available for this purpose.
18 V.S.A. § 4215b — VT Code / Title 18 / Chapter 84 / Section 4215b
§ 4215b. Identification
Status: in_force

Only a patient for whom a prescription was written, the owner of an animal for which a prescription was written, or a bona fide representative of the patient or animal owner, as defined by the Board of Pharmacy by rule after consultation with the Commissioner of Health, may pick up a prescription for a Schedule II, III, or IV controlled substance. Prior to dispensing a prescription for a Schedule II, III, or IV controlled substance to a patient not personally known to the pharmacist, the pharmacist shall require the individual receiving the drug to provide a signature and show valid and current government-issued photographic identification as evidence that the individual is the patient for whom the prescription was written, the owner of the animal for which the prescription was written, or the bona fide representative of the patient or animal owner. If the individual does not have valid, current government-issued photographic identification, the pharmacist may request alternative evidence of the individual's identity, as appropriate.
18 V.S.A. § 13 — VT Code / Title 18 / Chapter 1 / Section 13
§ 13. Community Violence Prevention Program
Status: in_force

(a)(1) There is established the Community Violence Prevention Program to be administered by the Department of Health in consultation and collaboration with the Chief Prevention Officer, the Department of Public Safety, the Director of Violence Prevention, the Executive Director of Racial Equity, and the Council for Equitable Youth Justice. The Program shall work with communities to implement innovative, evidence-based, and evidence-informed programs addressing causes of youth and community violence.

(2) Grants awarded pursuant to this section shall be at the discretion of the Commissioner of Health. Preference shall be given to communities where there has been an increase in violence associated with illegal drug sales and trafficking, gang activity, or human trafficking. Grants shall:

(A) build on and complement existing programs addressing the causes of youth and community violence; and

(B) be for the purpose of funding efforts that address violence and associated community harm using approaches that may include the following:

(i) best available research evidence;

(ii) experiential evidence;

(iii) contextual evidence;

(iv) lived experience of impacted communities;

(v) trauma-responsive programming; and

(vi) other qualitative or quantitative factors that may inform the decision making of the Commissioner.

(b)(1) A Vermont municipality or nonprofit organization may submit an application for a Community Violence Prevention Program grant to the Commissioner of Health. Grants awarded under this section shall be for the purpose of funding innovative, evidence-based, or evidence-informed approaches to reducing violence and associated community harm.

(2) The Commissioner of Health, in consultation with the Department of Public Safety and the Executive Director of Racial Equity, shall develop and publish guidelines for the award of Community Violence Prevention Program grants. The guidelines shall include a focus on increasing community capacity to implement approaches for human services, public health, and public safety collaboration to address root causes of community violence and substance use through data-driven projects.

(c) The Community Violence Prevention Program shall collect data to monitor youth and community violence and its related risk and protective factors and to evaluate the impact of prevention efforts and shall use the data to plan and implement programs. The Program shall use monitoring and evaluation data to track the impact of interventions.

(d)(1) The Commissioner of Health, in consultation and collaboration with the Chief Prevention Officer, the Department of Public Safety, the Director of Violence Prevention, the Executive Director of Racial Equity, and the Council for Equitable Youth Justice, shall report on the Community Violence Prevention Program:

(A) on or before September 1, 2023 and December 1, 2023 to the Joint Legislative Justice Oversight Committee; and

(B) on or before January 15, 2024, and annually on that date thereafter, to the Senate and House Committees on Judiciary, the Senate Committee on Health and Welfare, the House Committee on Human Services, and the House Committee on Health Care.

(2) The report required by this subsection shall include:

(A) a complete description of the Community Violence Prevention Program grant application and award process;

(B) guidelines for the award of grants developed under subdivision (b)(2) of this section;

(C) the number of applications submitted and grants awarded, and the amount of each grant awarded;

(D) detailed descriptions of the programs and purposes for which all grants were awarded;

(E) the impacts and outcomes of funded projects; and

(F) descriptions of any grants applied for or awarded.
18 V.S.A. § 171 — VT Code / Title 18 / Chapter 4A / Section 171
§ 171. Definitions
Status: in_force

As used in this chapter:

(1) “Amyotrophic lateral sclerosis” or “ALS” means a progressive neurodegenerative disease that affects nerve cells in the brain and the spinal cord.

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

(3) “Registry” means the statewide amyotrophic lateral sclerosis incidence registry.
18 V.S.A. § 5077a — VT Code / Title 18 / Chapter 103 / Section 5077a
§ 5077a. New birth certificate due to parentage nomenclature on former report of birth form
Status: repealed

(a) If a parent of a person born in this State was unable to be listed as a parent on the person's birth certificate due to the lack of gender-neutral nomenclature on former report of birth forms provided by the Department of Health, and the person or the person's parent submits sufficient proof of parentage to the State Registrar, the State Registrar shall complete the birth certificate in the Statewide Registration System. If the State Registrar denies an application under this subsection, the applicant may petition the Probate Division of the Superior Court, which shall review the application and relevant evidence de novo to determine if the issuance of a new birth certificate is warranted. If the court issues a decree ordering the issuance of a new birth certificate, the State Registrar shall update the System in accordance with the decree. The State Registrar shall record in the System the identity of the person requesting the new certificate, the nature and content of the change, the person who made the change, and the date of the change. The State Registrar shall issue a new birth certificate from the System that shall not contain the word “Amended” or other special designation, and shall notify the town clerk or clerks with custody of the certificate, who shall replace the original with the new certificate and update indexes as directed by the State Registrar. The town clerk or clerks shall send the original to the State Registrar, who shall keep it confidential.

(b), (c) [Repealed.]
18 V.S.A. § 4476 — VT Code / Title 18 / Chapter 89 / Section 4476
§ 4476. Offenses and penalties
Status: in_force

(a) A person who sells drug paraphernalia to a person under 18 years of age shall be imprisoned for not more than two years or fined not more than $2,000.00, or both.

(b) The distribution and possession of needles and syringes as part of an organized community-based needle exchange program shall not be a violation of this section or of chapter 84 of this title.
18 V.S.A. § 4283 — VT Code / Title 18 / Chapter 84A / Section 4283
§ 4283. Creation; implementation
Status: in_force

(a) The Department shall maintain an electronic database and reporting system for monitoring Schedules II, III, and IV controlled substances, as defined in 21 C.F.R. Part 1308, as amended and as may be amended, that are dispensed within the State of Vermont by a health care provider or dispenser or dispensed to an address within the State by a pharmacy licensed by the Vermont Board of Pharmacy.

(b) As required by the Department, every dispenser who is licensed by the Vermont Board of Pharmacy shall report to the Department in a timely manner data for each controlled substance in Schedules II, III, and IV, as amended and as may be amended, dispensed to a patient within Vermont. Reporting shall not be required for:

(1) a drug administered directly to a patient; or

(2) a drug dispensed by a health care provider at a facility licensed by the Department, provided that the quantity dispensed is limited to an amount adequate to treat the patient for a maximum of 48 hours.

(c) Data for each controlled substance that is dispensed shall include the following:

(1) patient identifier, which may include the patient's name and date of birth;

(2) drug dispensed;

(3) date of dispensing;

(4) quantity and dosage dispensed;

(5) the number of days' supply;

(6) health care provider; and

(7) dispenser.

(d) The data shall be provided in the electronic format defined by the Department. To the extent possible, the format shall not require data entry in excess of that required in the regular course of business. Electronic transmission is not required if a waiver has been granted by the Department to an individual dispenser. The Department shall strive to create VPMS in a manner that will enable real-time transmittal to VPMS and real-time retrieval of information stored in VPMS.

(e) It is not the intention of the Department that a health care provider or a dispenser shall have to pay a fee or tax or purchase hardware or proprietary software required by the Department specifically for the use, establishment, maintenance, or transmission of the data. The Department shall seek grant funds and take any other action within its financial capability to minimize any cost impact to health care providers and dispensers.

(f) The Department shall purge from VPMS all data that are more than six years old.

(g) The Commissioner shall develop and provide advisory notices, which shall make clear that all prescriptions for controlled drugs in Schedules II, III, and IV are entered into a statewide database in order to protect the public. The notices shall be distributed at no cost to dispensers and health care providers who are subject to this chapter.

(h) A dispenser shall be subject to discipline by the Board of Pharmacy or by the applicable licensing entity if the dispenser intentionally fails to comply with the requirements of subsection (b), (c), or (d) of this section.
18 V.S.A. § 1802 — VT Code / Title 18 / Chapter 41 / Section 1802
§ 1802. Powers of Commissioner of Health
Status: in_force

The Department shall constitute the sole agency of the State for the purpose of:

(1) making an inventory of existing hospitals and medical facilities, surveying the need for construction of hospitals and medical facilities, and developing a program of construction as provided in sections 1805-1807 of this title; and

(2) developing and administering a State plan for the construction of public and other nonprofit hospitals and medical facilities as provided in sections 1808-1814 of this title.
18 V.S.A. § 1655 — VT Code / Title 18 / Chapter 32 / Section 1655
§ 1655. Hearings and judicial review
Status: in_force

(a) In any proceeding under this chapter for the issuance or modification of rules relating to control of by-products, source, and special nuclear materials; or for granting, suspending, revoking, or amending any license; or for determining compliance with or granting exemptions from rules of the Department, the Department shall hold a public hearing upon the request of any person whose interest may be affected by the proceeding and shall admit any such person as a party to the proceeding, subject to the emergency provisions in subsection (b) of this section.

(b) Whenever the Department finds that an emergency exists requiring immediate action to protect the public health and safety, the Department may, without notice or hearing, issue an order reciting the existence of the emergency and requiring that such action be taken as is necessary to meet it. Notwithstanding any contrary provision of this chapter, the order shall be effective immediately. Any person to whom the order is directed shall comply with the order immediately, but on application to the Department shall be afforded a hearing within 10 days. On the basis of the hearing, the emergency order shall be continued, modified, or revoked within 10 days after the hearing.

(c) Any final order entered in any proceeding under subsections (a) and (b) of this section shall be subject to judicial review in the Civil Division of the Superior Court.
18 V.S.A. § 1910 — VT Code / Title 18 / Chapter 43 / Section 1910
§ 1910. Records
Status: in_force

(a) Information received by the licensing agency through filed reports, inspection, or as otherwise authorized by law shall:

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

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

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

(b) The provisions of subsection (a) of this section shall not apply to the summary reports of violations required to be posted on the licensing agency's website pursuant to section 1909 of this chapter.
18 V.S.A. § 1753 — VT Code / Title 18 / Chapter 38 / Section 1753
§ 1753. Accreditation, license, permit, notification, registration, and administrative fees
Status: in_force

(a) The Commissioner shall assess fees for accrediting training programs, licenses, license renewals, and permits issued in accordance with this chapter. Fees shall not be imposed on any State or local government, agent of the State, or nonprofit training program and may be waived for the purpose of training State employees.

(b) Each accredited training program and licensee shall be subject to the following annual fees, except where otherwise noted:

(c) Each licensee seeking to complete a lead-based paint abatement project or RRPM activities project involving prohibited or unsafe work practices shall be subject to the following permit fees:

(1) Project permit $50.00

(2) Project permit revision $25.00

(d) Fees imposed by this section and monies collected under section 1766 of this chapter shall be deposited into the Lead-Based Paint Accreditation and Licensing Special Fund. Monies in the Fund may be used by the Commissioner only to support Departmental accreditation, certification, licensing, education, and training activities related to this chapter. The Fund shall be subject to the provisions of 32 V.S.A. chapter 7, subchapter 5.
18 V.S.A. § 4477 — VT Code / Title 18 / Chapter 89 / Section 4477
§ 4477. Forfeiture
Status: in_force

Upon conviction under section 4476 of this title, the defendant shall forfeit to the State all items used, promoted for use, or designed for use as drug paraphernalia.
18 V.S.A. § 9010 — VT Code / Title 18 / Chapter 209 / Section 9010
§ 9010. Compact administrator-Article X
Status: in_force

(a) Each party state shall appoint a “compact administrator” who, on behalf of his or her state, shall act as general coordinator of activities under the compact in his or her state and who shall receive copies of all reports, correspondence and other documents relating to any patient processed under the compact by his or her state either in the capacity of sending or receiving state. The compact administrator or his or her duly designated representative shall be the official with whom other party states shall deal in any matter relating to the compact or any patient processed thereunder.

(b) The compact administrators of the respective party states shall have power to promulgate reasonable rules and regulations to carry out more effectively the terms and provisions of this compact.
18 V.S.A. § 5071 — VT Code / Title 18 / Chapter 103 / Section 5071
§ 5071. Birth certificates; who to make; return
Status: in_force

(a) On or before the fifth business day of each live birth that occurs in this State, the attending physician or designee, naturopathic physician or designee, or midwife or, if no attending physician or designee, naturopathic physician or designee, or midwife is present, a parent of the child or a legal guardian of a mother under 18 years of age shall file with the State Registrar a report of birth in the form and manner prescribed by the State Registrar. The State Registrar shall register the report in the Statewide Registration System if it has been completed properly and filed in accordance with this chapter. The portion of the registered birth report that is not confidential under section 5014 of this title is the birth certificate.

(b) At the time of the birth of a child, each parent shall furnish the following information to enable completion of the report of birth required under subsection (a) of this section: the parent's name, address, and Social Security number and the name and date of birth of the child.

(c)(1) Whoever assumes the custody of a live-born infant of unknown parentage shall file a report of birth with the State Registrar in the form and manner prescribed by the State Registrar.

(2) If the child is identified and a certificate of birth is found or obtained, the report and any certificate created under this section and copies thereof shall be deposited with the State Registrar and kept confidential, to be opened upon court order only.

(d) The name of the father shall be included on the report of birth and on any birth certificate of the child of unmarried parents only if the father and mother have signed a voluntary acknowledgment of parentage or a court or administrative agency of competent jurisdiction has issued an adjudication of parentage.

(e) When a birth certificate is issued, a parent or parents shall be identified with gender-neutral nomenclature.
18 V.S.A. § 4230h — VT Code / Title 18 / Chapter 84 / Section 4230h
§ 4230h. Chemical extraction via butane or hexane prohibited
Status: in_force

(a) No person shall manufacture concentrated cannabis by chemical extraction or chemical synthesis using butane or hexane.

(b) A person who violates subsection (a) of this section shall be imprisoned not more than two years or fined not more than $2,000.00, or both. A person who violates subsection (a) of this section and causes serious bodily injury to another person shall be imprisoned not more than five years or fined not more than $5,000.00, or both.
18 V.S.A. § 1418 — VT Code / Title 18 / Chapter 28 / Section 1418
§ 1418. Control equipment
Status: in_force

The Commissioner of Health may by order require an employer to provide protective equipment, install and maintain control appliances and equipment, or take any other action necessary to remove or control a health hazard or to prevent a health hazard from becoming injurious. Failure to do so within the time limited by the Director shall be a violation of the VOSHA Code and shall be reported to the Commissioner of Labor.
18 V.S.A. § 1421 — VT Code / Title 18 / Chapter 28 / Section 1421
§ 1421. Smoking in the workplace; prohibition
Status: in_force

(a) The possession of lighted tobacco products or use of tobacco substitutes as defined in 7 V.S.A. § 1001 is prohibited in any workplace.

(b)(1) As used in this subchapter, “workplace” means an enclosed structure where employees perform services for an employer, including restaurants, bars, and other establishments in which food or drinks, or both, are served. In the case of an employer who assigns employees to departments, divisions, or similar organizational units, “workplace” means the enclosed portion of a structure to which the employee is assigned.

(2) Except for schools, workplace does not include areas commonly open to the public or any portion of a structure that also serves as the employee's or employer's personal residence.

(3) For schools, workplace includes any enclosed location where instruction or other school-sponsored functions are occurring.

(4) For lodging establishments used for transient traveling or public vacationing, such as resorts, hotels, and motels, workplace includes the sleeping quarters and adjoining rooms rented to guests.

(5) The prohibition on using tobacco substitutes in a workplace shall not apply to a business that does not sell food or beverages but is established for the sole purpose of providing a setting for patrons to purchase and use tobacco substitutes and related paraphernalia.

(c) Nothing in this section shall be construed to restrict the ability of residents of the Vermont Veterans' Home to possess lighted tobacco products or use tobacco substitutes in the indoor area of the facility in which smoking is permitted.
18 V.S.A. § 1056 — VT Code / Title 18 / Chapter 21 / Section 1056
§ 1056. Nature of examination; findings
Status: in_force

The examination shall be in the manner and form prescribed by the Commissioner of Health. It may include taking of an x-ray of the chest and enough microscopical examinations and cultures to permit completion of diagnosis. The findings of the examination shall be reported in full to the Commissioner of Health who shall furnish copies thereof to the person examined.
18 V.S.A. § 9353 — VT Code / Title 18 / Chapter 219 / Section 9353
§ 9353. Integration of health care data; reports
Status: in_force

(a) The Agency of Human Services shall collaborate with the Health Information Exchange Steering Committee in the development of the Unified Health Data Space in order to improve patient and provider access to relevant information, increase efficiencies and decrease administrative burdens on providers, and reduce health care system costs.

(b) The Agency's development of the Unified Health Data Space shall:

(1) align with the statewide Health Information Technology Plan established pursuant to section 9351 of this title;

(2) utilize the expertise of the Health Information Exchange Steering Committee;

(3) incorporate appropriate privacy and security standards that are aligned with the best privacy and security interests of patients;

(4) determine whether to integrate clinical data, claims data, data regarding social drivers of health and health-related social needs, and other data types and, if so, how to do so in a manner that protects proprietary information relating to payers and providers; provided, however, that integration of these data types or a subset of them shall not begin prior to January 1, 2027 and shall occur only upon the favorable vote of a majority of all voting members of the Health Information Exchange Steering Committee and only for the specific uses approved by a majority of all voting members of the Steering Committee;

(5) if data is integrated in accordance with subdivision (4) of this subsection, limit the use of the integrated data to the specific uses approved by the Health Information Exchange Steering Committee;

(6) ensure interoperability among contributing data sources and applications to enable use of the Unified Health Data Space;

(7) identify the resources necessary to complete data linkages for policy, health surveillance, population health management, and research usage and for the data integration uses approved by the Health Information Exchange Steering Committee pursuant to subdivisions (4) and (5) of this subsection;

(8) establish a timeline for setup and access to the integrated system;

(9) develop and implement a system that ensures rapid access for patients and providers; and

(10) identify additional opportunities for future development, including incorporating new data types and larger populations.

(c) The Agency shall provide access to data to State agencies and health care providers as needed to support the goals of the Statewide Health Care Delivery Strategic Plan established pursuant to section 9403 of this title, once established, to the extent permitted by the data use agreements in place for each data set and the uses approved pursuant to subdivision (b)(4) of this section.

(d)(1) On or before January 15, 2026, the Agency of Human Services shall report to the House Committees on Health Care and on Human Services and the Senate Committee on Health and Welfare regarding the advantages and disadvantages of integrating clinical data, claims data, data regarding social drivers of health and health-related social needs, and other data types in the Unified Health Data Space; how an integrated system can improve patient and provider access to relevant information, increase efficiencies and decrease administrative burdens on providers, increase access to and quality of health care for Vermonters, and reduce health care system costs; and how an integrated system can be implemented in a manner that protects proprietary information relating to payers and providers.

(2) On or before January 15 annually beginning in 2027, the Agency of Human Services shall provide an update to the House Committees on Health Care and on Human Services and the Senate Committee on Health and Welfare regarding the development and implementation of the Unified Health Data Space in accordance with this section.
18 V.S.A. § 4801 — VT Code / Title 18 / Chapter 94 / Section 4801
§ 4801. Declaration of policy
Status: in_force

(a) It is the policy of the State of Vermont that alcoholism and alcohol abuse are correctly perceived as health and social problems rather than criminal transgressions against the welfare and morals of the public.

(b) The General Assembly therefore declares that:

(1) alcoholics and alcohol abusers shall no longer be subjected to criminal prosecution solely because of their consumption of alcoholic beverages or other behavior related to consumption that is not directly injurious to the welfare or property of the public; and

(2) alcoholics and alcohol abusers shall be treated as persons with the condition of alcoholism and shall be provided adequate and appropriate medical and other humane rehabilitative services congruent with their needs.
18 V.S.A. § 5321 — VT Code / Title 18 / Chapter 121 / Section 5321
§ 5321. Improvement of private burial grounds; duties of officers
Status: in_force

When the use and care of a private burial ground has been abandoned and such ground becomes unsightly from any cause, or when headstones or monuments have been displaced, the selectboard or board of cemetery commissioners having charge of the public cemeteries in the town where such burial ground is located, on written request of three legally qualified voters of such town, shall immediately cause a notice to be published once a week on the same day of the week for three successive weeks in some newspaper circulating in the town, calling upon any person interested in such burial ground to cause the same to be put in proper condition within three months after the date of such notice. At the expiration of such time, if such demand is not complied with, the selectboard or board shall proceed then and thereafter as if such ground were a public burial place.
18 V.S.A. § 5300 — VT Code / Title 18 / Chapter 121 / Section 5300
§ 5300. Statutory purposes
Status: in_force

The statutory purpose of the exemption for cemeteries in sections 5317 and 5376 of this title is to lower the cost of establishing and maintaining cemeteries.
18 V.S.A. § 4223 — VT Code / Title 18 / Chapter 84 / Section 4223
§ 4223. Fraud or deceit
Status: in_force

(a) No person shall obtain or attempt to obtain a regulated drug, or procure or attempt to procure the administration of a regulated drug:

(1) by fraud, deceit, misrepresentation, or subterfuge;

(2) by the forgery or alteration of a prescription or of any written order;

(3) by the concealment of a material fact; or

(4) by the use of a false name or the giving of a false address.

(b) Information communicated to a physician in an effort unlawfully to procure a regulated drug or unlawfully to procure the administration of any such drug shall not be deemed a privileged communication.

(c) No person shall willfully make a false statement in, or fail to prepare or obtain or keep, or refuse the inspection or copying under this chapter of, any prescription, order, report, or record required by this chapter.

(d) No person shall, for the purpose of obtaining a regulated drug, falsely assume the title of, or represent himself or herself to be a manufacturer, wholesaler, pharmacist, physician, dentist, veterinarian, or other authorized person.

(e) No person shall make or utter any false or forged prescription or false or forged written order.

(f) No person shall affix any false or forged label to a package or receptacle containing regulated drugs.

(g) The provisions of this section shall apply to all transactions relating to amounts or types of drugs excepted from the provisions of this chapter by rule of the Department of Health under section 4204 of this title, in the same way as they apply to transactions relating to any other regulated drug.

(h) Any person who, in the course of treatment, is supplied with regulated drugs or a prescription therefor by one physician and who, without disclosing the fact, is knowingly supplied during such treatment with regulated drugs or a prescription therefor by another physician, shall be guilty of a violation of this section.

(i) A person who violates this section shall be imprisoned not more than two years and one day or fined not more than $5,000.00, or both.
18 V.S.A. § 1666 — VT Code / Title 18 / Chapter 33 / Section 1666
§ 1666. Repealed. 2023, No. 131 (Adj. Sess.), § 10, eff. January 1, 2026.
Status: in_force

The Attorney General may request a certificate of compliance from a manufacturer of class B firefighting foam or firefighting personal protective equipment. Within 30 days after receipt of the Attorney General's request for a certificate of compliance, the manufacturer shall:

(1) provide the Attorney General with a certificate attesting that the manufacturer's product or products comply with the requirements of this chapter; or

(2) notify persons who are selling a product of the manufacturer's in this State that the sale is prohibited because the product does not comply with this chapter and submit to the Attorney General a list of the names and addresses of those persons notified.
18 V.S.A. § 1428 — VT Code / Title 18 / Chapter 28 / Section 1428
§ 1428. Municipal ordinances
Status: in_force

Nothing in this subchapter shall be construed to supersede or in any manner affect a municipal smoking ordinance provided that the provisions of such ordinance are at least as protective of the rights of nonsmokers as the provisions of this subchapter.
18 V.S.A. § 907 — VT Code / Title 18 / Chapter 17 / Section 907
§ 907. Automated external defibrillators
Status: repealed

(a) As used in this section:

(1) “Automated external defibrillator (AED)” means a medical device approved by the U.S. Food and Drug Administration, that:

(A) is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia;

(B) is capable of determining whether defibrillation should be performed on an individual;

(C) upon determination that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to an individual's heart; and

(D) then, upon action by an operator, delivers an appropriate electrical impulse to the patient's heart to perform defibrillation.

(b) [Repealed.]

(c) Any person who owns or leases an AED, or to whom an AED is donated, shall:

(1) notify the Department and the person's regional ambulance service or first responder service of the existence, location, and type of device the person possesses; and

(2) maintain and test the device in accordance with the applicable standards of the manufacturer.

(d)(1) Any person, other than a person defined as a health care provider by subdivision 9432(9) of this title or as emergency medical personnel by 24 V.S.A. § 2651(6) acting in the normal course of his or her duties as a health care provider or as emergency medical personnel, who acts in good faith and who renders emergency care by the use of an AED, acquires an AED, owns a premises on which an AED is located, or provides a training course in the operation of an AED shall not be liable for civil damages for that person's acts or omissions with respect to such use, ownership, or training in the operation of an AED unless those acts or omissions were grossly negligent or willful and wanton. As used in this subdivision (d)(1), “ownership” shall not include the maintenance and testing of the device in accordance with the applicable standards of the manufacturer as required by subdivision (c)(2) of this section.

(2) This subsection shall not relieve an AED manufacturer, designer, developer, distributor, installer, or seller of any liability under any applicable statute or rule of law.

(e) This section shall not be construed to create a duty to act under 12 V.S.A. § 519 for any person.
18 V.S.A. § 1091a — VT Code / Title 18 / Chapter 21 / Section 1091a
§ 1091a. Venereal diseases; control
Status: in_force

Venereal diseases are contagious, infectious, communicable, and dangerous to public health. Protection of the public requires the identification and treatment of persons infected by those diseases.
18 V.S.A. § 4236 — VT Code / Title 18 / Chapter 84 / Section 4236
§ 4236. Manufacture or cultivation
Status: in_force

(a) A person knowingly and unlawfully manufacturing or cultivating a regulated drug shall be imprisoned not more than 20 years or fined not more than $1,000,000.00, or both.

(b) This section shall not apply to the cultivation of cannabis.
18 V.S.A. § 906a — VT Code / Title 18 / Chapter 17 / Section 906a
§ 906a. Relicensure; grace period
Status: in_force

A person certified or licensed as an emergency medical provider shall have six months after his or her certification or license has expired to resubmit the necessary information for renewal of the certificate or license.
18 V.S.A. § 38 — VT Code / Title 18 / Chapter 1 / Section 38
§ 38. Vermont Mental Health Professional Forgivable Loan Incentive Program
Status: in_force

(a) As used in this section:

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

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

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

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

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

(b) The Vermont Mental Health Professional Forgivable Loan Incentive Program is created and shall be administered by the Department of Health in collaboration with the Corporation. The Program provides forgivable loans to students enrolled in a master's program at an eligible school who commit to working as a mental health professional in this State and who meet the eligibility requirements in subsection (d) of this section.

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

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

(1) be enrolled at an eligible school in a program, whether through in- person or remote instruction, that leads to a master's degree in a mental health field;

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

(3) agree to work as a mental health professional in Vermont for a minimum of one year following licensure for each year of forgivable loan awarded;

(4) have executed a credit agreement or promissory note that will reduce the individual's forgivable loan benefit, in whole or in part, pursuant to subsection (f) of this section, if the individual fails to complete the period of service required in subdivision (3) of this subsection;

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

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

(e)(1) First priority for forgivable loans shall be given to students attending an eligible school in the Vermont State Colleges System.

(2) Second priority for forgivable loans shall be given to students attending another eligible school in Vermont.

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

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

(h) Forgivable loans shall be awarded on a rolling basis, provided funds are available, and any funds remaining at the end of a fiscal year shall carry forward and shall be available to the Department of Health and the Corporation in the following fiscal year to award additional forgivable loans as set forth in this section.
18 V.S.A. § 1141 — VT Code / Title 18 / Chapter 21 / Section 1141
§ 1141. Communicable disease testing
Status: in_force

(a) A health care provider may order a test for bloodborne pathogens if a health care worker, public safety personnel, or emergency personnel has been exposed to the blood or bodily fluids of the source patient in a manner sufficient to transmit a bloodborne pathogen-related illness to the affected worker while engaged in rendering health services to the source patient, and provided that:

(1) the source patient:

(A) has provided informed consent, as defined in subdivision 9701(17) of this title; or

(B) is deceased;

(2) the worker has provided a blood sample and consented to testing for bloodborne pathogens and a physician has documented that bloodborne pathogen test results are needed for beginning, continuing, modifying, or discontinuing medical treatment for the worker;

(3) a physician with specialty training in infectious diseases has confirmed that the worker has been exposed to the blood or bodily fluids of the source patient in a manner sufficient to transmit a bloodborne pathogen-related illness;

(4) a health care provider has informed the worker of the confidentiality requirements in subsection (c) of this section and the penalties for unauthorized disclosure of source patient information under subsection (e) of this section; and

(5) a health care provider has informed the source patient of the purpose and confidentiality provisions in subsections (b) and (c) of this section, respectively, if applicable.

(b) Bloodborne pathogen test results of a source patient obtained under subsection (a) of this section are for diagnostic purposes and to determine the need for treatment or medical care specific to a bloodborne pathogen-related illness of a worker. Test results may not be used as evidence in any criminal or civil proceedings.

(c) The result of a test ordered pursuant to subsection (a) of this section is protected health information subject to the “Standards for Privacy of Individually Identifiable Health Information” established under the Health Insurance Portability and Accountability Act of 1996 and contained in 45 C.F.R., Parts 160 and 164, and any subsequent amendments. Test results shall be confidential except that the worker who sustained the exposure, the health care provider who ordered the test, and the source patient, upon his or her request, shall be informed of the test results. Test results reported to the worker and documented in his or her medical record shall not include any personally identifying information relative to the source patient. Test results shall be transmitted to the Commissioner of Health pursuant to subsection (i) of this section.

(d) Prior to laboratory testing of a source patient's blood sample for bloodborne pathogens, personal identifiers shall be removed from the sample.

(e) Unauthorized disclosures of test results obtained under this section shall be subject to the penalties provided under the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. subsections 1320d-5 and 1320d-6, and may be considered unprofessional conduct under applicable licensing, certification, and registration laws.

(f) The results of rapid testing technologies shall be considered preliminary and may be released in accordance with the manufacturer's instructions as approved by the federal Food and Drug Administration. Corroborating or confirmatory testing must be conducted as follow-up to a positive preliminary test.

(g) The health care provider who requested the test shall provide the source patient and the worker an opportunity to receive follow-up testing and shall provide information on options for counseling, as appropriate.

(h) Records pertaining to testing performed pursuant to this section shall not be recorded in the source patient's medical record unless authorized by the source patient and shall not be maintained in the location where the test is ordered or performed for more than 60 days.

(i) A laboratory having personal knowledge of a test result under this section shall transmit within 24 hours a report thereof to the Department of Health pursuant to subsection 1001(k) of this title.

(j) The employer of any worker exposed to blood or bodily fluids while rendering health services to a source patient during the performance of normal job duties shall maintain an incident report with information regarding the exposure that is relevant to a workers' compensation claim. The employer shall not be provided or have access to information personally identifying the source patient.

(k) The costs of all diagnostic tests authorized by these provisions shall be borne by the employer of the worker.

(l) Notwithstanding any other law to the contrary, a health care provider who orders a test in accordance with this section shall not be subject to civil or criminal liability for ordering the test. Nothing in this subsection shall be construed to establish immunity for the failure to exercise due care in the performance or analysis of the test.

(m) A health care provider's duties under this section are not continuing but limited to testing and services performed under this section.
18 V.S.A. § 5080 — VT Code / Title 18 / Chapter 103 / Section 5080
§ 5080. Effect of new certificate
Status: in_force

A new birth certificate issued under 15A V.S.A. § 3-802 and sections 5077a and 5112 of this title shall have the same force and effect as though registered in accordance with the provisions of section 5071 of this title.
18 V.S.A. § 5006 — VT Code / Title 18 / Chapter 101 / Section 5006
§ 5006. Vital event information published in town reports
Status: in_force

Town clerks or auditors may publish in the annual town report nonconfidential information and statistics concerning births, marriages, and deaths of residents during the preceding calendar year. Upon request, the State Registrar shall furnish a town clerk such information and statistics.
18 V.S.A. § 1051 — VT Code / Title 18 / Chapter 21 / Section 1051
§ 1051. Tuberculosis treatment facilities
Status: in_force

The Commissioner shall approve facilities in the State where indigent persons may be treated for tuberculosis under this subchapter. The Commissioner shall determine to the Commissioner's satisfaction that all such facilities furnish adequate and proper tuberculosis treatment. Treatment for other chronic respiratory diseases under this subchapter may be given at any accredited hospital.
18 V.S.A. § 9493 — VT Code / Title 18 / Chapter 223 / Section 9493
§ 9493. Purpose and policy
Status: in_force

(a) The State of Vermont recognizes the fundamental right of every individual to choose or refuse contraception or sterilization.

(b) The State of Vermont recognizes the fundamental right of every individual who becomes pregnant to choose to carry a pregnancy to term, to give birth to a child, or to have an abortion.
18 V.S.A. § 154 — VT Code / Title 18 / Chapter 4 / Section 154
§ 154. Confidentiality
Status: in_force

(a) All information reported pursuant to this chapter shall be confidential and privileged. The Commissioner shall take strict measures to ensure that all identifying information is kept confidential.

(b) All identifying information regarding an individual patient, health care provider, or health care facility contained in records of interviews, written reports, and statements procured by the Commissioner or by any other person, agency, or organization acting jointly with the Commissioner in connection with cancer morbidity and mortality studies shall be confidential and privileged and shall be used solely for the purposes of the study. Nothing in this section shall prevent the Commissioner from publishing statistical compilations relating to morbidity and mortality studies that do not identify individual cases or sources of information.
18 V.S.A. § 1091 — VT Code / Title 18 / Chapter 21 / Section 1091
§ 1091. Venereal diseases; definitions
Status: in_force

As used in this subchapter, unless the context requires otherwise:

(1) “Authoritative source” means a physician licensed in the State, superintendent of a State institution or private hospital, medical officers of the armed forces of the State or United States, State and territorial health officers, and personnel of the Department of Health designated by the Commissioner of Health.

(2) “Venereal disease” means syphilis, gonorrhea, and any other sexually transmitted disease that the Department finds to be of significance and amenable to control.
18 V.S.A. § 3611 — VT Code / Title 18 / Chapter 77 / Section 3611
§ 3611. Licensure
Status: in_force

(a) A person shall not establish or operate as a pharmacy benefit manager for health benefit plans in this State without first obtaining a license from the Commissioner of Financial Regulation.

(b) A person applying for a pharmacy benefit manager license shall submit an application for licensure in the form and manner prescribed by the Commissioner and shall include with the application a nonrefundable application fee of $1,600.00 and an initial licensure fee of $10,000.00.

(c) The Commissioner may refuse to issue or renew a pharmacy benefit manager license if the Commissioner determines that the applicant or any individual responsible for the conduct of the applicant's affairs is not competent, trustworthy, financially responsible, or of good personal and business reputation, or has been found to have violated the insurance laws of this State or any other jurisdiction, or has had an insurance or other certificate of authority or license denied or revoked for cause by any jurisdiction.

(d) Unless surrendered, suspended, or revoked by the Commissioner, a license issued under this section shall remain valid, provided the pharmacy benefit manager does all of the following:

(1) Continues to do business in this State.

(2) Complies with the provisions of this chapter and any applicable rules.

(3) Submits a renewal application in the form and manner prescribed by the Commissioner and pays the annual license renewal fee of $12,000.00. The renewal application and renewal fee shall be due to the Commissioner on or before 90 days prior to the anniversary of the effective date of the pharmacy benefit manager's initial or most recent license.

(e) The Commissioner shall adopt rules pursuant to 3 V.S.A. chapter 25 to establish the licensing application, financial, and reporting requirements for pharmacy benefit managers in accordance with this section.
18 V.S.A. § 1007 — VT Code / Title 18 / Chapter 21 / Section 1007
§ 1007. Quarantined patient leaving hospital; report
Status: in_force

When a patient who has a communicable disease subject to quarantine leaves a hospital or institution without the consent of the authorities of such hospital or institution, the physician or other person in charge of such a hospital or institution shall immediately notify the Commissioner that such person has left the hospital or institution and is the bearer of such communicable disease.
18 V.S.A. § 158 — VT Code / Title 18 / Chapter 4 / Section 158
§ 158. Dense breast notification and education
Status: in_force

(a) All health care facilities that perform mammography examinations shall include in the summary of the mammography report to be provided to a patient information that identifies the patient's individual breast tissue classification based on the Breast Imaging Reporting and Data System established by the American College of Radiology. If a facility determines that a patient has heterogeneously dense or extremely dense breasts, the summary of the mammography report shall also include a notice substantially similar to the following:

“Your mammogram indicates that you have dense breast tissue. Dense breast tissue is a normal finding that is present in about 40 percent of women. Dense breast tissue can make it more difficult to detect cancer on a mammogram and may be associated with a slightly increased risk for breast cancer. This information is provided to raise your awareness of the impact of breast density on cancer detection and to encourage you to discuss this issue, as well as other breast cancer risk factors, with your health care provider as you decide together which screening options may be right for you.”

(b) Facilities that perform mammography examinations may update the language in their notices over time to reflect advances in science and technology, as long as they continue to notify patients about the frequency of dense breast tissue and its effect on the accuracy of mammograms and encourage patients to discuss the issue with their health care provider. Facilities shall notify the Department of Health each time they make changes to the notice required by this section and shall provide an updated copy for the Department's information and review.

(c) Nothing in this section shall be construed to create a duty of care or other legal obligation beyond the duty to provide notice as set forth in this section.
18 V.S.A. § 7625 — VT Code / Title 18 / Chapter 181 / Section 7625
§ 7625. Hearing on application for involuntary medication; burden of proof
Status: in_force

(a) Unless consolidated with an application for involuntary treatment pursuant to subdivision 7624(b)(2) or (b)(4) of this title, a hearing on an application for involuntary medication shall be held within seven days after filing and shall be conducted in accordance with sections 7613, 7614, and 7616 and subsections 7615(b)–(e) of this title.

(b) In a hearing conducted pursuant to this section, section 7626, or section 7627 of this title, the Commissioner has the burden of proof by clear and convincing evidence.

(c) In determining whether or not the person is competent to make a decision regarding the proposed treatment, the court shall consider whether the person is able to make a decision and appreciate the consequences of that decision.
18 V.S.A. § 7253 — VT Code / Title 18 / Chapter 174 / Section 7253
§ 7253. Clinical resource management and oversight
Status: in_force

The Commissioner of Mental Health, in consultation with health care providers as defined in section 9432 of this title, including designated hospitals, designated agencies, individuals with mental conditions or psychiatric disabilities, and other stakeholders, shall design and implement a clinical resource management system that ensures the highest quality of care and facilitates long-term, sustained recovery for individuals in the custody of the Commissioner.

(1) For the purpose of coordinating the movement of individuals across the continuum of care to the most appropriate services, the clinical resource management system shall:

(A) Ensure that all individuals in the care and custody of the Commissioner receive the highest quality and least restrictive care necessary.

(B) Develop a process for receiving direct input from persons receiving services on treatment opportunities and the location of services.

(C) Use State-employed clinical resource management coordinators to work collaboratively with community partners, including designated agencies, hospitals, individuals with mental conditions or psychiatric disabilities, and peer groups, to ensure access to services for individuals in need. Clinical resource management coordinators or their designees shall be available 24 hours a day, seven days a week to assist emergency service clinicians in the field to access necessary services.

(D) Use an electronic, web-based bed board to track in real time the availability of bed resources across the continuum of care.

(E) Use specific level-of-care descriptions, including admission, continuing stay, and discharge criteria, and a mechanism for ongoing assessment of service needs at all levels of care.

(F) Specify protocols for medical clearance, bed location, transportation, information sharing, census management, and discharge or transition planning.

(G) Coordinate transportation resources so that individuals may access the least restrictive mode of transport consistent with safety needs.

(H) Ensure that to the extent patients' protected health information pertaining to any identifiable person that is otherwise confidential by State or federal law is used within the clinical resource management system, the health information exchange privacy standards and protocols as described in subsection 9351(e) of this title shall be followed.

(I) Review the options for the use of ambulance transport, with security as needed, as the least restrictive mode of transport consistent with safety needs required pursuant to section 7511 of this title.

(J) Ensure that individuals under the custody of the Commissioner being served in a designated hospital, an intensive residential recovery facility, a psychiatric residential treatment facility for youth, and a secure residential recovery facility shall have access to a mental health patient representative. The patient representative shall advocate for persons receiving services and shall also foster communication between persons receiving services and health care providers. The Department of Mental Health shall contract with an independent, peer-run organization to staff the full-time equivalent of a representative of persons receiving services.

(2) For the purpose of maintaining the integrity and effectiveness of the clinical resource management system, the Department of Mental Health shall:

(A) require a designated team of clinical staff to review the treatment received and clinical progress made by individuals within the Commissioner's custody;

(B) coordinate care across the mental and physical health care systems as well as ensure coordination within the Agency of Human Services, particularly the Department of Corrections, the Department of Health's Division of Substance Use Programs, and the Department of Disabilities, Aging, and Independent Living;

(C) coordinate service delivery with Vermont's Blueprint for Health and health care reform initiatives, including the health information exchange as defined in section 9352 of this title and the Health Benefit Exchange as defined in 33 V.S.A. § 1803;

(D) use quality measures, manageable data requirements, and quality improvement processes to monitor, evaluate, and continually improve the results for individuals and the performance of the clinical resource management system;

(E) actively engage stakeholders and providers in oversight processes; and

(F) provide mechanisms for dispute resolution.
18 V.S.A. § 4394 — VT Code / Title 18 / Chapter 85 / Section 4394
§ 4394. Penalty
Status: in_force

A person, firm, or corporation who violates a provision of section 4391 of this title shall be fined not more than $50.00.
18 V.S.A. § 4681 — VT Code / Title 18 / Chapter 91 / Section 4681
§ 4681. Definitions
Status: in_force

As used in this subchapter:

(1) “340B contract pharmacy” means a pharmacy that has a contract with a 340B covered entity to receive and dispense 340B drugs to the 340B covered entity's patients on the covered entity's behalf.

(2) “340B covered entity” means an entity participating or authorized to participate in the federal 340B drug pricing program, as described in 42 U.S.C. § 256b. The term includes a 340B covered entity's pharmacy.

(3) “340B drug” means a drug that has been subject to any offer for reduced prices by a manufacturer pursuant to 42 U.S.C. § 256b and is purchased by a 340B covered entity.

(4) “Discount” means a reduction in the amount a 340B covered entity is charged for a 340B drug at the time of purchase.

(5) “Manufacturer” has the same meaning as in 26 V.S.A. § 2022.

(6) “Pharmacy” means a place licensed by the Vermont Board of Pharmacy at which drugs, chemicals, medicines, prescriptions, and poisons are compounded, dispensed, or sold at retail.

(7) “Pharmacy benefit manager” has the same meaning as in section 3602 of this title.

(8) “Rebate” means a discount in which the terms are fixed and are disclosed in writing to a 340B covered entity at the time of the initial purchase of the 340B drug to which the discount applies, but which discount is not applied at the time of purchase.
18 V.S.A. § 5310 — VT Code / Title 18 / Chapter 121 / Section 5310
§ 5310. Plats
Status: in_force

An agency engaged in any business of a cemetery, community mausoleum, or columbarium shall cause to be made a plat of its grounds, showing the part thereof improved or in use and that part held for future cemetery use. The plat of the improved part shall show the land laid out in sections, lots, driveways, walks, and paths, sections to be designated by symbols, and the lots shall be numbered. All additions to such improved areas, and all new cemetery grounds hereafter established, shall be platted in the manner provided above. It is further provided that in case of a community mausoleum or columbarium, every agency shall cause to be made a plat thereof on which shall be set forth the sections, halls, rooms, corridors, elevators, or other subdivisions thereof with their descriptive names and numbers. The agency making such plat shall file the same for record in the office of the town clerk of the town in which the cemetery, community mausoleum, or columbarium is located.
18 V.S.A. § 1906 — VT Code / Title 18 / Chapter 43 / Section 1906
§ 1906. Revocation of license; hearing
Status: in_force

The licensing agency, after notice and opportunity for hearing to the applicant or licensee, is authorized to deny, suspend, or revoke a license in any case in which it finds that there has been a substantial failure to comply with the requirements established under this chapter. Such notice shall be served by registered mail or by personal service setting forth the reasons for the proposed action and fixing a date not less than 60 days from the date of such mailing or service, at which the applicant or licensee shall be given opportunity for a hearing. After such hearing, or upon default of the applicant or licensee, the licensing agency shall file its findings of fact and conclusions of law. A copy of such findings and decision shall be sent by registered mail or served personally upon the applicant or licensee. The procedure governing hearings authorized by this section shall be in accordance with the usual and customary rules provided for such hearings.
18 V.S.A. § 9307 — VT Code / Title 18 / Chapter 215 / Section 9307
§ 9307. Notice of petition and hearing
Status: in_force

Within five days after filing the petition, the court shall fix a time and place for hearing and shall mail a copy of the petition and notice of hearing to the respondent; the respondent's counsel; the guardian for the respondent, if any; the interested person who requested the filing of the petition; the Commissioner; the State's Attorney; and such other persons as the court determines. The notice of hearing shall be mailed to the respondent's near relatives. The hearing shall be held not fewer than 20 nor more than 30 days after the filing of the evaluation with the court. The hearing may be continued for good cause shown for not more than 15 additional days.
18 V.S.A. § 9381 — VT Code / Title 18 / Chapter 220 / Section 9381
§ 9381. Appeals
Status: in_force

(a) The Green Mountain Care Board shall adopt procedures for administrative appeals of its actions, orders, or other determinations. Such procedures shall provide for the issuance of a final order and the creation of a record sufficient to serve as the basis for judicial review pursuant to subsection (b) of this section.

(b) Any person aggrieved by a final action, order, or other determination of the Green Mountain Care Board may, upon exhaustion of all administrative appeals available pursuant to subsection (a) of this section, appeal to the Supreme Court pursuant to the Vermont Rules of Appellate Procedure.

(c) If an appeal or other petition for judicial review of a final order is not filed in connection with an order of the Green Mountain Care Board pursuant to subsection (b) of this section, the Chair may file a certified copy of the final order with the clerk of a court of competent jurisdiction. The order so filed has the same effect as a judgment of the court and may be recorded, enforced, or satisfied in the same manner as a judgment of the court.

(d) A decision of the Board's approving, modifying, or disapproving a health insurer's proposed rate pursuant to 8 V.S.A. § 4026 shall be considered a final action of the Board and may be appealed to the Supreme Court pursuant to subsection (b) of this section.
18 V.S.A. § 5232 — VT Code / Title 18 / Chapter 107 / Section 5232
§ 5232. Procedures generally
Status: in_force

(a) Any action filed under this subchapter shall be summary in nature, and a hearing shall be held as soon as practicable. The Probate Division of the Superior Court may order interim, ex parte relief based on available information. In extraordinary circumstances, the court may authorize use of discovery, subject to the inherent time constraints required because of the subject matter. The Vermont Rules of Evidence shall not apply, except for those rules respecting privilege. Affidavits of parties and witnesses shall be admissible evidence that may be rebutted by witnesses or affidavits offered by other parties. Other evidence is admissible if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their daily affairs. Telephone testimony shall be authorized unless otherwise ordered for good cause shown. Any person shall be entitled, but not required, to be represented by an attorney.
18 V.S.A. § 5435 — VT Code / Title 18 / Chapter 121 / Section 5435
§ 5435. Sales of lots, crypts, and niches; how income applied; rules
Status: in_force

(a) The income of a cemetery association, whether derived from the sale of lots, spaces, crypts, or niches for the permanent disposition of human remains, from donations, or otherwise, shall be exclusively applied to paying for the land or other cemetery property; laying out, preserving, protecting, and embellishing the cemetery and avenues leading thereto; the erection of buildings necessary for cemetery purposes; the establishing of a fund to care permanently for the cemetery; the repair and upkeep of mausoleums, vaults, columbariums, crypts, and niches in the cemetery; and to paying the necessary expenses of the cemetery association. A debt shall not be contracted in anticipation of future receipts, except for the original purchase of the land, community mausoleum, or columbarium, laying out, enclosing, and embellishing the grounds and avenues therein and to a sum not exceeding $50,000.00 in the whole, to be paid out of future income. The proceeds from the sale of lots, spaces, crypts, or niches for the permanent disposition of human remains, or other income of such association, shall not be divided among its members. All its income shall be used exclusively for the purposes of the association, as provided in this chapter, or invested in a fund the income of which shall be so used. Such association may adopt such reasonable rules and regulations as it deems expedient for disposing of and conveying lots, spaces, crypts, and niches for the permanent disposition of human remains.

(b) At a regular meeting or at a special meeting duly called for that purpose, a cemetery corporation may adopt bylaws respecting improvements upon its lots and grounds as to the embellishment and beautifying of the same. It may also provide that the cost of such improvements be paid out of the regular funds of the corporation.
18 V.S.A. § 3622 — VT Code / Title 18 / Chapter 77 / Section 3622
§ 3622. Pharmacy benefit managers; required practices with respect to health insurers
Status: in_force

(a) A pharmacy benefit manager that provides pharmacy benefit management for a health benefit plan has a fiduciary duty to its health insurer client that includes a duty to be fair and truthful toward the health insurer; to act in the health insurer's best interests; and to perform its duties with care, skill, prudence, and diligence. In the case of a health benefit plan offered by a health insurer as defined by subdivision 3602(5)(A) of this title, the health insurer shall remain responsible for administering the health benefit plan in accordance with the health insurance policy or subscriber contract or plan and in compliance with all applicable provisions of Title 8 and this title.

(b) A pharmacy benefit manager shall provide notice to the health insurer that the terms contained in subsection (c) of this section may be included in the contract between the pharmacy benefit manager and the health insurer.

(c) A pharmacy benefit manager that provides pharmacy benefit management for a health plan shall do all of the following:

(1) Provide all financial and utilization information requested by a health insurer relating to the provision of benefits to beneficiaries through that health insurer's health benefit plan and all financial and utilization information relating to services to that health insurer. A pharmacy benefit manager providing information under this subsection may designate that material as confidential. Information designated as confidential by a pharmacy benefit manager and provided to a health insurer under this subsection shall not be disclosed by the health insurer to any person without the consent of the pharmacy benefit manager, except that disclosure may be made by the health insurer:

(A) in a court filing under the consumer protection provisions of 9 V.S.A. chapter 63, provided that the information shall be filed under seal and that prior to the information being unsealed, the court shall give notice and an opportunity to be heard to the pharmacy benefit manager on why the information should remain confidential;

(B) to State and federal government officials;

(C) when authorized by 9 V.S.A. chapter 63;

(D) when ordered by a court for good cause shown; or

(E) when ordered by the Commissioner as to a health insurer as defined in subdivision 3602(5)(A) of this chapter pursuant to the provisions of Title 8 and this title.

(2) Notify a health insurer in writing of any proposed or ongoing activity, policy, or practice of the pharmacy benefit manager that presents, directly or indirectly, any conflict of interest with the requirements of this section.

(3) With regard to the dispensation of a substitute prescription drug for a prescribed drug to a beneficiary in which the substitute drug costs more than the prescribed drug and the pharmacy benefit manager receives a benefit or payment directly or indirectly, disclose to the health insurer the cost of both drugs and the benefit or payment directly or indirectly accruing to the pharmacy benefit manager as a result of the substitution.

(4) If the pharmacy benefit manager derives any payment or benefit for the dispensation of prescription drugs within the State based on volume of sales for certain prescription drugs or classes or brands of drugs within the State, pass that payment or benefit on in full to the health insurer.

(5) Disclose to the health insurer all financial terms and arrangements for remuneration of any kind that apply between the pharmacy benefit manager and any prescription drug manufacturer that relate to benefits provided to beneficiaries under or services to the health insurer's health benefit plan, including formulary management and drug-switch programs, educational support, claims processing, and pharmacy network fees charged from retail pharmacies and data sales fees. A pharmacy benefit manager providing information under this subsection may designate that material as confidential. Information designated as confidential by a pharmacy benefit manager and provided to a health insurer under this subsection shall not be disclosed by the health insurer to any person without the consent of the pharmacy benefit manager, except that disclosure may be made by the health insurer:

(A) in a court filing under the consumer protection provisions of 9 V.S.A. chapter 63, provided that the information shall be filed under seal and that prior to the information being unsealed, the court shall give notice and an opportunity to be heard to the pharmacy benefit manager on why the information should remain confidential;

(B) when authorized by 9 V.S.A. chapter 63;

(C) when ordered by a court for good cause shown; or

(D) when ordered by the Commissioner as to a health insurer as defined in subdivision 3602(5)(A) of this title pursuant to the provisions of Title 8 and this title.

(d) A pharmacy benefit manager contract with a health insurer shall not contain any provision purporting to reserve discretion to the pharmacy benefit manager to move a drug to a higher tier or remove a drug from its drug formulary any more frequently than two times per year.

(e) Compliance with the requirements of this section is required for pharmacy benefit managers entering into contracts with a health insurer in this State for pharmacy benefit management in this State.
18 V.S.A. § 617 — VT Code / Title 18 / Chapter 11 / Section 617
§ 617. Assistance by officers; penalty for neglect
Status: in_force

(a) The local health officer or local board of health may call upon sheriffs, constables, and police officers to assist it in the proper discharge of its duties. A sheriff, constable, or police officer who neglects or refuses to render such assistance shall be fined not more than $200.00.

(b) A local health officer may call upon State health officials for technical or other assistance.
18 V.S.A. § 4069 — VT Code / Title 18 / Chapter 82 / Section 4069
§ 4069. Rules; authority
Status: repealed

(a) The authority to adopt rules for the efficient enforcement of this chapter is hereby vested in the Department. The Department may make the rules adopted under this chapter conform, insofar as practicable, with those promulgated under the federal act.

(b) [Repealed.]

(c) Before adopting any rules contemplated by section 4058; subdivision 4060(10); section 4061; subdivisions 4064(4), (6), (7), (8), and (11); or subsection 4068(b) of this title, the Department shall give appropriate notice of the proposal and of the time and place for a hearing. The rule so adopted shall take effect on a date fixed by the Department, which date shall not be earlier than 60 days after its adoption. The rule may be amended or repealed in the same manner as is provided for its adoption, except that in the case of a rule amending or repealing any such rule, the Department, to such extent as it deems necessary in order to prevent undue hardship, may disregard the foregoing provisions regarding notice, hearing, or effective date.
18 V.S.A. § 9417 — VT Code / Title 18 / Chapter 221 / Section 9417
§ 9417. Tax-advantaged accounts for health-related expenses; administration; rulemaking
Status: in_force

(a) As used in this section:

(1) “Flexible spending account” or “FSA” has the same meaning as in 26 U.S.C. § 106(c)(2).

(2) “Health reimbursement arrangement” or “HRA” means any account-based reimbursement arrangement funded solely by employer contributions that reimburses an employee, spouse, or dependents, or a combination thereof, for medical care expenses incurred by the employee, spouse, dependents, or a combination thereof, up to a maximum coverage amount set by the employer for a given coverage period and that is established pursuant to 26 U.S.C. §§ 105-106 and applicable guidance from the Internal Revenue Service.

(3) “Health savings account” or “HSA” has the same meaning as in 26 U.S.C. § 223(d)(1).

(b) Any entity administering one or more HRAs, HSAs, FSAs, or similar tax-advantaged accounts for health-related expenses, or a combination of these, in this State is subject to the jurisdiction of the Commissioner of Financial Regulation pursuant to 8 V.S.A. § 10 and all other applicable provisions.

(c) The Commissioner of Financial Regulation shall adopt rules pursuant to 3 V.S.A. chapter 25 to license and regulate, to the extent permitted under federal law, entities administering or proposing to administer one or more HRAs, HSAs, FSAs, or similar tax-advantaged accounts for health-related expenses, or a combination of these, in this State. The rules shall include:

(1) licensure or registration filing requirements; and

(2) such requirements and qualifications for such entities as the Commissioner determines necessary to protect Vermont consumers and employers and to help ensure that funds are disbursed appropriately.

(d) Following the adoption of rules pursuant to subsection (c) of this section, an entity making an initial application for a license or registration to administer HRAs, HSAs, FSAs, or similar tax-advantaged accounts for health-related expenses, or a combination of these, in this State shall pay to the Commissioner a nonrefundable fee of $600.00 for examining, investigating, and processing the application. Each such entity shall also pay a renewal fee of $600.00 on or before December 31 every three years following initial licensure.

(e) This section shall not apply to an employer that self-administers one or more tax-advantaged accounts on behalf of its own employees.
18 V.S.A. § 1247 — VT Code / Title 18 / Chapter 24A / Section 1247
§ 1247. Rulemaking
Status: in_force

(a) The Commissioner shall adopt rules under this chapter to achieve the purposes of this chapter.

(b) On or before November 1, 2020, the Commissioner, with continuing consultation with the Secretary of Natural Resources, the Commissioner for Children and Families, and the Secretary of Education, shall adopt rules regarding the implementation of the requirements of this chapter. The rules shall include:

(1) requirements or guidance for taking samples of drinking water from outlets in a building or facility owned, controlled, or operated by a school district, supervisory union, independent school, or child care provider that are no less stringent than the requirements of the U.S. Environmental Protection Agency's 3Ts for Reducing Lead in Drinking Water in Schools and that include a first draw sample and second flush sample;

(2) the frequency and scope of continued sampling of outlets by school districts, supervisory unions, independent schools, and child care providers, provided that the Department may stagger when continued sampling shall occur by school or provider, school type or provider type, or initial sampling results;

(3) requirements for implementation of a lead mitigation plan or other necessary response to a report that drinking water from an outlet is at or above the action level; and

(4) any other requirements that the Commissioner deems necessary for the implementation of the requirements of this chapter.
18 V.S.A. § 1807 — VT Code / Title 18 / Chapter 41 / Section 1807
§ 1807. Application for federal funds for survey and planning; expenditure
Status: in_force

The Commissioner is authorized to make application to the Secretary of Health and Human Services for federal funds to assist in carrying out the survey and planning activities provided in this chapter. Such funds shall be deposited in the State Treasury and shall be available to the Commissioner for expenditure for carrying out the purposes of sections 1805– 1807 of this title. Any such funds received and not expended for such purposes shall be repaid to the Treasury of the United States.
18 V.S.A. § 4771 — VT Code / Title 18 / Chapter 93 / Section 4771
§ 4771. Purpose
Status: in_force

It is the purpose of this subchapter to comply with any opioid litigation settlements to which the State or municipalities within the State were a party regarding the management and expenditure of monies received by the State. While an opioid litigation settlement may designate a portion of the monies for local or State use, this subchapter applies to only monies from abatement accounts funds.
18 V.S.A. § 5571 — VT Code / Title 18 / Chapter 121 / Section 5571
§ 5571. Location
Status: in_force

A community mausoleum, as defined in section 5302 of this title, other than structures containing crypts erected or controlled by churches and religious societies and used only as a repository for the remains of the clergy or dignitaries of such churches or religious societies, and every columbarium or other structure intended to hold or contain the bodies or remains of the dead, the spaces, crypts, or niches of which are available to the public, shall be located only within the confines of an established cemetery, containing not less than five acres, and which shall have been in existence and operation for a period of at least five years immediately preceding the time of the erection thereof.
18 V.S.A. § 4067 — VT Code / Title 18 / Chapter 82 / Section 4067
§ 4067. Misbranded cosmetic
Status: in_force

A cosmetic shall be deemed to be 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 label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;

(4) if its container is so made, formed, or filled as to be misleading.
18 V.S.A. § 1904 — VT Code / Title 18 / Chapter 43 / Section 1904
§ 1904. Application, fee
Status: in_force

(a) An application for a license shall be made to the licensing agency upon forms provided by it and shall contain such information as the licensing agency reasonably requires. Each application for license shall be accompanied by a license fee.

(b) Annual license fees.

(1) Base fee of $7,667.00.

(2) Per-bed fee of $25.00.

(3) The base fee for applicants presenting evidence of current accreditation by the Joint Commission on Accreditation of Health Care Organizations shall be reduced by $2,750.00.

(c) Fees collected under this section shall be credited to a special fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and shall be available to the Department to offset the costs of providing those services.
18 V.S.A. § 9482 — VT Code / Title 18 / Chapter 221 / Section 9482
§ 9482. Financial assistance policies for large health care facilities
Status: in_force

(a) Each large health care facility in this State shall develop a written financial assistance policy that, at a minimum, complies with the provisions of this subchapter and any applicable federal requirements.

(b) The financial assistance policy shall:

(1) apply, at a minimum, to all emergency and other medically necessary health care services that the large health care facility offers;

(2) provide free or discounted care to Vermont residents and to individuals who live in Vermont at the time the services are delivered but who lack stable permanent housing, as follows:

(A) for an uninsured patient with household income at or below 250 percent of the federal poverty level (FPL), a 100 percent discount from the amount generally billed for the services received, resulting in free care;

(B) for an uninsured patient with household income between 250 and 400 percent FPL, a minimum of a 40 percent discount from the amount generally billed for the services received;

(C) for a patient with health insurance or other coverage for the services delivered and with household income at or below 250 percent FPL, a waiver of all out-of-pocket costs that would otherwise be due from the patient;

(D) for a patient with health insurance or other coverage for the services delivered and with household income between 250 and 400 percent FPL, a minimum of a 40 percent discount on the patient's out-of-pocket costs; and

(E) for patients with household income at or below 600 percent FPL, catastrophic assistance in the event that the large health care facility's medical bills for a patient's care exceed 20 percent of the patient's household income, in which case the facility shall reduce the amount due from the patient to 20 percent of the patient's household income; and

(3) include all of the following:

(A) the eligibility criteria for financial assistance;

(B) the basis for calculating amounts charged to patients;

(C) the method and process for applying for financial assistance, including the information and documentation that the facility may require a patient to provide as part of the application;

(D) the reasonable steps that the facility will take to determine whether a patient is eligible for financial assistance;

(E) the facility's billing and collections policy, including the actions the facility may take in the event of nonpayment, such as collections action and reporting to credit reporting agencies;

(F) an appeals process for patients who are denied financial assistance or who believe the amount of financial assistance granted is inconsistent with the policy or the provisions of this subchapter; and

(G) a plain language summary of the policy.

(c) The owners or governing body of the large health care facility shall approve the facility's financial assistance policy and shall review and approve the policy at least once every three years.

(d) A large health care facility may require a patient to be a Vermont resident as a condition of eligibility for financial assistance but shall not impose any requirements regarding the duration of a patient's status as a Vermont resident.
18 V.S.A. § 5378 — VT Code / Title 18 / Chapter 121 / Section 5378
§ 5378. Bylaws and regulations
Status: in_force

The board of cemetery commissioners may make necessary bylaws and regulations in respect to such burial grounds, and permanent disposition of the dead not inconsistent with law, and may alter the same. Such bylaws and regulations shall be recorded in the office of the town clerk. A bylaw or regulation shall not be adopted to restrain a person in the free exercise of his or her religious sentiments as to the permanent disposition of the dead.
18 V.S.A. § 4351 — VT Code / Title 18 / Chapter 85 / Section 4351
§ 4351. License from Department of Health
Status: in_force

(a) A person shall not operate or maintain a food manufacturing facility, retail food establishment, lodging establishment, children's camp, seafood vending facility, or any other place in which food is prepared and served, unless he or she obtains and holds from the Commissioner a license authorizing such operation. All licenses shall be displayed in a manner as to be easily viewed by the public.

(b)(1) A person shall not knowingly and willingly sell or offer for sale a bulk product manufactured by a bakery, regardless of whether the bakery is located inside or outside the State, unless the operator of the bakery holds a valid license from the Commissioner.

(2) The Commissioner shall not grant a license to a bakery located outside the State unless:

(A) the person operating the bakery:

(i) has consented in writing to the Department's inspection and paid the required fee; or

(ii) has presented to the Department satisfactory evidence of inspection and approval from the proper authority in his or her state and paid the required fee; and

(B) inspection of the bakery confirms that it meets the laws and rules of this State.

(c) The Commissioner may issue a temporary license for no more than 90 days. The temporary license shall state the conditions under which it is issued.

(d) If the Commissioner does not renew a license, he or she shall provide written notice to the licensee. The notice shall specify any changes necessary to conform with State rules and shall state that if compliance is achieved within the time designated in the notice, the license shall be renewed. If the licensee fails to achieve compliance within the prescribed time, the licensee shall have an opportunity for a hearing.

(e) Any licensee or applicant aggrieved by a decision or order of the Commissioner may appeal to the Superior Court of the county in which such person resides or maintains a place of business within 30 days after that decision.

(f) If a licensee fails to renew the licensee's license within 60 days after its expiration date, a licensee shall apply for a new license and meet all licensure requirements anew.
18 V.S.A. § 104 — VT Code / Title 18 / Chapter 3 / Section 104
§ 104. Commissioner of Health
Status: in_force

(a) The Secretary shall appoint a Commissioner of Health, as provided in 3 V.S.A. § 3051, who shall be either a physician licensed to practice medicine and surgery in this State or a health care professional who has at least a master's degree in public health or a related health care field and who, in addition, has had practical experience in the field of public health.

(b) The Commissioner may delegate such powers and assign such duties to members of the Department as may be deemed appropriate and necessary for the proper execution of the provisions of this title. If the Commissioner is not a physician licensed to practice medicine and surgery in this State, the Commissioner shall fill an existing exempt position within the Department by appointing a chief medical officer who shall be a physician licensed to practice medicine and surgery in this State and who shall report to the Commissioner.

(c) The powers set forth in this title are in addition to the common law and statutory powers or remedies of the State otherwise provided by law.

(d) Upon receipt of information regarding a condition that may be a public health hazard, the Commissioner shall conduct an investigation. The investigation may include an inspection of the premises where the public health hazard may exist and may include monitoring and testing.

(e) The Commissioner shall establish guidelines for conducting investigations and inspections and for determining whether a public health risk or public health hazard is a local or a State problem.

(f) When applicable, the Commissioner shall make use of the best scientific, environmental, medical, engineering, epidemiological, hydrological, geological, ecological, and sanitation practices when issuing permits and orders and when establishing practices, procedures, rules, and guidelines under this title.

(g) The Commissioner may enter into contracts to provide services, provided the Department is not otherwise required to provide such services, and provision of such services does not interfere with the Department's statutory purposes and programs. The Department may charge for services provided under this subsection. Charges collected under this subsection shall be credited to separate special funds for each type of contractual service and shall be available to the Department to offset the costs of each type of service.

(h) The Commissioner may bill a third party insurer for services provided by the Department to persons covered by such insurance. Charges collected under this subsection shall be credited to a special fund and shall be available to the Department to offset the cost of such services.

(i) The Commissioner may accept and retain any product rebates received for items purchased in support of departmental programs. Charges collected under this subsection shall be credited to separate special funds and shall be available to the Department to offset the cost of such programs.
18 V.S.A. § 1663 — VT Code / Title 18 / Chapter 33 / Section 1663
§ 1663. Restriction on manufacture, sale, and distribution; exceptions [Repealed effective January 1, 2026]
Status: in_force

(a)(1) Unless otherwise required under federal law, but not later than October 1, 2023, a manufacturer of class B firefighting foam shall not manufacture, sell, offer for sale, or distribute for sale or use in this State class B firefighting foam to which PFAS have been intentionally added.

(2) Notwithstanding subdivision (1) of this subsection, the restriction on the manufacture, sale, offer for sale, or distribution of class B firefighting foam containing intentionally added PFAS for use at a terminal shall not apply until January 1, 2024.

(b) A person operating a terminal after January 1, 2024, and who seeks to purchase class B firefighting foam containing intentionally added PFAS for the purpose of fighting emergency class B fires, may apply to the Department of Environmental Conservation for a temporary exemption from the restrictions on the manufacture, sale, offer for sale, or distribution of class B firefighting foam for use at a terminal. An exemption shall not exceed one year. The Department of Environmental Conservation, in consultation with the Department of Health, may grant an exemption under this subsection if the applicant provides:

(1) clear and convincing evidence that there is not a commercially available alternative that:

(A) does not contain intentionally added PFAS; and

(B) is capable of suppressing a large atmospheric tank fire or emergency class B fire at the terminal;

(2) information on the amount of class B firefighting foam containing intentionally added PFAS that is annually stored, used, or released at the terminal;

(3) a report on the progress being made by the applicant to transition at the terminal to class B firefighting foam that does not contain intentionally added PFAS; and

(4) an explanation of how:

(A) all releases of class B firefighting foam containing intentionally added PFAS shall be fully contained at the terminal; and

(B) existing containment measures prevent firewater, wastewater, runoff, and other wastes from being released into the environment, including into soil, groundwater, waterways, and stormwater.

(c) Nothing in this section shall prohibit a terminal from providing class B firefighting foam in the form of aid to another terminal in the event of a class B fire.
18 V.S.A. § 4052 — VT Code / Title 18 / Chapter 82 / Section 4052
§ 4052. Manufacture, sale, delivery; prohibitions
Status: in_force

The following acts and the causing thereof within the State of Vermont are hereby prohibited:

(1) the manufacture, sale, or delivery, holding, or offering for sale of any food, drug, device, or cosmetic that is adulterated or misbranded;

(2) the adulteration or misbranding of any food, drug, device, or cosmetic;

(3) the receipt in commerce of any food, drug, device, or cosmetic that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise;

(4) the sale, delivery for sale, holding for sale, or offering for sale of any article in violation of section 4061 or 4065 of this title;

(5) the dissemination of any false advertisement;

(6) the refusal to permit entry or inspection, or to permit the taking of a sample, as authorized by section 4070 of this title;

(7) the giving of a guaranty or undertaking which guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking to the same effect signed by and containing the name and address of the person residing in the State of Vermont from whom he or she received in good faith the food, drug, device, or cosmetic;

(8) the removal or disposal of a detained or embargoed article in violation of section 4055 of this title;

(9) the alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to a food, drug, device, or cosmetic, if such act is done while such article is held for sale and results in such article being adulterated or misbranded;

(10) forging, counterfeiting, simulating, or falsely representing, or without proper authority using any mark, stamp, tag, label, or other identification device authorized or required by rules adopted under the provisions of this chapter;

(11) the using, on the labeling of any drug or in any advertisement relating to such drug, of any representation or suggestion that any application with respect to such drug is effective under section 4065 of this title, or that such drug complies with the provisions of such section; and

(12) the sale, offering for sale, distribution, or transportation for sale within this State of any misbranded package of a hazardous substance in a package or container intended for general home and household use.
18 V.S.A. § 8102 — VT Code / Title 18 / Chapter 191 / Section 8102
§ 8102. Charges for care or treatment
Status: in_force

As used in section 8101 of this title, “charge for the care or treatment” of a patient means an amount not exceeding the actual cost of the care and treatment. Actual cost shall mean either the rate provided for by a contract lawfully entered into under this part of this title or, in the absence of a contract, a per diem rate as determined under section 8105 of this title.
18 V.S.A. § 8710 — VT Code / Title 18 / Chapter 204 / Section 8710
§ 8710. Appointment of counsel
Status: in_force

The respondent shall be represented by counsel throughout the proceeding. Upon filing of the petition the court shall notify the respondent that he or she shall be afforded the right to counsel. If the petition states that the respondent is unable to pay for counsel, the court shall appoint counsel to be paid by the State or set a hearing for a determination of the respondent's ability to pay for counsel. The court may also require appointment of a guardian ad litem to represent the interest of the respondent. Counsel shall receive copies of the comprehensive evaluations required by section 8711(d) of this title and such other documents as may be received and issued by the court.
18 V.S.A. § 5225 — VT Code / Title 18 / Chapter 107 / Section 5225
§ 5225. Penalty
Status: in_force

A person who violates a provision of this subchapter, unless another penalty is otherwise provided, shall be fined not more than $500.00.
18 V.S.A. § 2202 — VT Code / Title 18 / Chapter 50 / Section 2202
§ 2202. Contracts for departmental programs and services
Status: in_force

(a) Notwithstanding the provisions of 3 V.S.A. chapter 13, the Department may enter into agreements with a private or public organization for such organization to provide services or conduct programs for the benefit of the public that the Department by law is authorized to provide or conduct if the Department of Health finds that the organization is properly equipped and qualified for this purpose.

(b) This section shall apply to all services and programs that the Department conducts under this chapter, including the initiation of new combinations of public health and home health nursing services.
18 V.S.A. § 4601 — VT Code / Title 18 / Chapter 91 / Section 4601
§ 4601. Definitions
Status: in_force

As used in this chapter:

(1) “Biological product” means a virus, therapeutic serum, toxin, antitoxin, vaccine, blood, blood component or derivative, allergenic product, protein (except any chemically synthesized polypeptide), or analogous product, or arsphenamine or derivative of arsphenamine (or any other trivalent organic arsenic compound), applicable to the prevention, treatment, or cure of a disease or condition in human beings.

(2) “Brand name” means the registered trademark name given to a drug product by its manufacturer or distributor.

(3) “Generic drug” means a drug listed by generic name and considered to be chemically and therapeutically equivalent to a drug listed by brand name, as both names are identified in the most recent edition of or supplement to the U.S. Food and Drug Administration's Approved Drug Products with Therapeutic Equivalence Evaluations (the Orange Book).

(4) “Generic name” means the official name of a drug product as established by the U. S. Adopted Names Council (USAN) or its successor, if applicable.

(5) “Interchangeable biological product” means a biological product that the U.S. Food and Drug Administration has:

(A) licensed and determined, pursuant to 42 U.S.C. § 262(k)(4), to be interchangeable with the reference product against which it was evaluated as may be reflected in the U.S. Food and Drug Administration's Lists of Licensed Biological Products with Reference Product Exclusivity and Biosimilarity or Interchangeability Evaluations (the Purple Book); or

(B) determined to be therapeutically equivalent as set forth in the latest edition of or supplement to the U.S. Food and Drug Administration's Approved Drug Products with Therapeutic Equivalence Evaluations (the Orange Book).

(6) “Pharmacist” means a natural person licensed by the State Board of Pharmacy to prepare, compound, dispense, and sell drugs, medicines, chemicals, and poisons.

(7) “Prescriber” means any duly licensed physician, dentist, veterinarian, or other practitioner licensed to write prescriptions for the treatment or prevention of disease in man or animal.

(8) “Proper name” means the nonproprietary name of a biological product.

(9) “Reference product” means the single biological product licensed pursuant to 42 U.S.C. § 262(a) against which the interchangeable biological product was evaluated by the U.S. Food and Drug Administration pursuant to 42 U.S.C. § 262(k).
18 V.S.A. § 4028 — VT Code / Title 18 / Chapter 81 / Section 4028
§ 4028. Prescriptions
Status: in_force

The provisions of sections 4025-4027 of this title shall not apply to legally qualified practitioners of medicine or to their prescriptions or recipes to their patients.
18 V.S.A. § 12 — VT Code / Title 18 / Chapter 1 / Section 12
§ 12. Provision of information regarding contraceptives
Status: in_force

In order to prevent or reduce unintended pregnancies and sexually transmitted diseases, the Department of Health, in partnership with health care providers and health insurers, shall communicate to adolescents and other individuals of reproductive age information regarding contraceptive access and coverage.
18 V.S.A. § 5373 — VT Code / Title 18 / Chapter 121 / Section 5373
§ 5373. Cemetery commissioners
Status: in_force

When a town votes to place its public burial grounds under the charge of cemetery commissioners, it shall elect separately a board of three or five cemetery commissioners, who shall have the care and management of such burial ground and exercise all the powers, rights, and duties with respect to such care and management and all responsibility on the part of the selectboard shall cease.
18 V.S.A. § 602a — VT Code / Title 18 / Chapter 11 / Section 602a
§ 602a. Duties of local health officers
Status: in_force

(a) A local health officer, within the local health officer's jurisdiction, shall:

(1) upon receipt of information regarding a condition that may be a public health hazard, conduct an investigation;

(2) enforce the provisions of this title, the rules adopted, and permits issued pursuant to this title;

(3) prevent, remove, or destroy any public health hazard or mitigate any significant public health risk in accordance with the provisions of this title;

(4) in consultation with the Department, take the steps necessary to enforce all orders issued pursuant to chapter 3 of this title; and

(5) have the authority to assist the Department of Public Safety in inspecting rental housing pursuant to 20 V.S.A. chapter 172, provided that if the local health officer inspects a rental property without an inspector from the Division, the officer shall issue an inspection report in compliance with 20 V.S.A § 2677(b)(2).

(b) Upon discovery of violation or a public health hazard or public health risk that involves a public water system, a food or lodging establishment, or any other matter regulated by Department rule, the local health officer shall immediately notify the Division of Environmental Health. Upon discovery of any other violation, public health hazard, or public health risk, the local health officer shall notify the Division of Environmental Health within 48 hours of discovery of such violation or hazard and of any action taken by the officer.
18 V.S.A. § 8722 — VT Code / Title 18 / Chapter 204A / Section 8722
§ 8722. Definitions
Status: in_force

As used in this chapter:

(1) “Department” means the Department of Disabilities, Aging, and Independent Living.

(2) “Developmental disability” means a severe, chronic disability of a person that is manifested before the person reaches 18 years of age and results in:

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

(B) deficits in adaptive behavior at least two standard deviations below the mean for a normative comparison group.

(3) “Family” means a group of individuals that includes a person with a developmental disability and that:

(A) is related by blood, marriage, or adoption; or

(B) considers themselves a family based upon bonds of affection, which, for the purposes of this subdivision, means enduring ties that do not depend upon the existence of an economic relationship.

(4) “Person with a developmental disability” means a person who is a resident of Vermont and who has a developmental disability.

(5) “Recipient” means a person with a developmental disability or a family that has been approved to receive services or funding under criteria specified in the system of care plan.

(6) “Service” means support or service provided, funded, or coordinated by the Department.

(7) “System of care plan” means the plan adopted pursuant to section 8725 of this title and that describes funding and services to be provided to people with developmental disabilities and their families.
18 V.S.A. § 5000 — VT Code / Title 18 / Chapter 101 / Section 5000
§ 5000. State Registrar; duties; authority; Statewide Registration System; issuing agents
Status: in_force

(a) The Commissioner shall designate a member of the Department as the State Registrar. The State Registrar shall head the Office of Vital Records and shall provide consultation to town clerks, hospital personnel, licensed health care professionals, midwives, funeral directors, clergy, probate judges, and all other persons involved in vital records for the purpose of promoting uniformity of procedures in order to promote the complete, accurate, timely, and lawful creation, registration, processing, modification, and disclosure of vital records.

(b) The Commissioner may exercise any authority granted to or fulfill any duties conferred on the State Registrar under this part or any other provision of law related to vital records, and the State Registrar may delegate the exercise of his or her authority or the performance of his or her duties to a duly authorized representative.

(c)(1) The State Registrar shall operate the Statewide Registration System, which shall be the sole official repository of data from birth and death certificates registered on or after January 1, 1909. However, nothing in this part shall be construed to preclude town clerks or other issuing agents from printing from the System and maintaining for public inspection noncertified copies of birth and death certificates. The State Registrar shall create and maintain an index that, at a minimum, will enable the public to search contents of the System by the name of the registrant and by the date of the vital event.

(2) On and after July 1, 2019:

(A) upon registration of a birth or death in the Statewide Registration System, the System shall automatically notify the town clerk of the town of occurrence and the town clerk of residence of the registrant;

(B) upon the correction or amendment of a birth or death certificate registered in the System, or upon issuance of a new birth certificate to replace a birth certificate registered in the System, the System shall automatically notify the town clerk of the town of occurrence and the town clerk of residence of the registrant.

(3) Birth and death certificates registered prior to January 1, 1909:

(A) shall not be incorporated into the Statewide Registration System;

(B) shall be maintained at the offices of town clerks as specified in section 5007 of this title; and

(C) shall not be eligible for amendment under this part.

(4) The State Registrar shall investigate and attempt to resolve any known discrepancy between the contents of a vital event certificate in the custody of the State Registrar and a vital event certificate maintained in the office of a town clerk. In addition, the State Registrar shall have the authority to change the contents of a birth or death certificate in the System in order to address a known error or to conform the certificate to the requirements of a court order. The State Registrar shall record and maintain in the System the nature and content of a change made in the System, the identity of the person making the change, and the date of the change.

(5) Except as authorized under subdivision 5073(a)(3) of this title, and except for corrections, completions, or amendments to address known errors or omissions, the State Registrar shall deny any application under this part requesting a correction, completion, or amendment of a birth or death certificate in order to change a name, and shall change a name only in accordance with a court order.

(d)(1) Except as provided in subdivision (2) of this subsection, town clerks in the State shall aid in the efficient administration of the Statewide Registration System and shall act as agents to issue copies of birth and death certificates from the Statewide Registration System in accordance with section 5016 of this title.

(2) By filing a written notice with the State Registrar, a town clerk may opt out of serving as an issuing agent.

(e) The State Registrar shall, consistent with the requirements of this part:

(1) administer the Statewide Registration System and fulfill the duties assigned to him or her under this part;

(2) provide for the preservation and security of the official records of the Office of Vital Records, and for the matching of birth and death records in order to prevent the fraudulent use of birth and death certificates of deceased persons;

(3) promote uniformity of policy and procedures pertaining to vital records and vital statistics throughout the State;

(4) prescribe the contents and form of vital record reports, vital event certificates, and related applications and documents; prescribe the contents and form of burial-transit permits; and distribute the same;

(5) maintain a Vital Records Alert System in order to track and prevent misrepresentation, fraud, or illegal activities in connection with vital records;

(6) implement audit and quality control procedures as necessary to ensure compliance with vital records filing and reporting requirements;

(7) prescribe:

(A) the contents and form of applications for a certified copy of a birth or death certificate after consultation with the Vermont Municipal Clerks' & Treasurers' Association;

(B) the manner in which vital records required to be submitted to him or her shall be submitted;

(C) physical requirements and security standards for storage of vital event certificates and related supplies, after consideration of best practices issued by state and federal law enforcement and public health organizations;

(D) the manner in which the Department of Public Safety shall furnish lists of missing and kidnapped children to the State Registrar; and

(E) procedures governing the public's inspection of birth and death certificates, if necessary to protect the integrity of the certificates or to deter fraud;

(8) adopt rules governing:

(A) acceptable content and limitations on the number of characters on a birth certificate;

(B) acceptable forms of identification required in connection with applications for certified copies of birth and death certificates; and

(C) the process for denying a certified copy of a birth or death certificate based on a Vital Records Alert System match or evidence of fraud or misrepresentation, notifying affected persons of the denial, and investigating and resolving the issue identified.

(f) The State Registrar may adopt rules as may be necessary to carry out his or her duties under this part.
18 V.S.A. § 1127 — VT Code / Title 18 / Chapter 21 / Section 1127
§ 1127. Discrimination and testing prohibited
Status: in_force

(a) No school district or educational institution shall request or require any applicant, or prospective or current student to have an HIV-related blood test nor shall any school district or educational institution discriminate against an applicant, or prospective or current student on the basis of a person's having a positive test result from an HIV-related blood test.

(b) A person aggrieved by a violation of this section or the Attorney General on behalf of such a person may bring an action for injunctive relief and damages in the Superior Court of the county in which the violation is alleged to have occurred. The court may award costs and reasonable attorney's fees to an aggrieved person who prevails in an action brought under this subsection.
18 V.S.A. § 5212a — VT Code / Title 18 / Chapter 107 / Section 5212a
§ 5212a. Removal; objections
Status: in_force

(a) Unless removal is otherwise authorized by law, a spouse, child, parent, or sibling of the deceased may, within 30 days after the date notice was last published under section 5212 of this title, object to the proposed removal by filing a complaint in the Probate Division of the Superior Court of the district in which the body is interred or entombed. A copy of the complaint shall be filed with the clerk of the town where the body is interred or entombed.

(b) The Probate Division of the Superior Court shall, after hearing, issue its order authorizing removal of the body unless:

(1) removal would be contrary to the expressed intent of the deceased;

(2) removal is objected to by the surviving spouse of the deceased;

(3) removal is objected to by an adult son or daughter of the deceased and there is no surviving spouse of the deceased;

(4) removal is objected to by a parent of the deceased and there is no surviving spouse or son or daughter of the deceased; or

(5) removal is objected to by an adult sibling of the deceased and there is no surviving spouse, son or daughter, or parent of the deceased.
18 V.S.A. § 4209 — VT Code / Title 18 / Chapter 84 / Section 4209
§ 4209. Supervision, revocation, and reinstatement of licenses and certificates
Status: in_force

(a) A board or the Department of Health may, after notice and opportunity for hearing, revoke or suspend for a period of time or amend the terms of any license or certificate issued by that board or the Department of Health under section 4207 of this title or under any provision of the laws of this State in the event that any one of the qualifications for issuance of a license or certificate listed in section 4208 of this title were at the time of such issuance or are subsequently thereto not met by the holder thereof or in the event that it is shown to that board's or the Department of Health's satisfaction that the holder or the holder's employee or agent has violated any of the provisions of this chapter.

(b) Notwithstanding the foregoing, a board or the Department of Health may, upon application of such person, at any time, after notice and opportunity for hearing, and upon good cause shown satisfactory to that board or the Department of Health in the exercise of its discretion, reinstate the license or certificate of a person previously suspended or revoked by that board or the Department of Health under subsection (a) of this section.
18 V.S.A. § 1243 — VT Code / Title 18 / Chapter 24A / Section 1243
§ 1243. Testing of drinking water
Status: in_force

(a) Scope of testing.

(1) Each school district, supervisory union, or independent school in the State shall collect a drinking water sample from each outlet in the buildings it owns, controls, or operates and shall submit the sample to the Department of Health for testing for lead contamination as required under this chapter.

(2) Each child care provider in the State shall collect a drinking water sample from each outlet in a child care facility it owns, controls, or operates for lead contamination as required under this chapter.

(b) Initial sampling.

(1) On or before December 31, 2021, each school district, supervisory union, independent school, or child care provider in the State shall collect a first-draw sample and a second flush sample from each outlet in each building or facility it owns, controls, or operates. Sampling shall occur during the school year of a school district, supervisory union, or independent school.

(2) At least five days prior to sampling, the school district, supervisory union, independent school, or child care provider shall notify all staff and all parents or guardians of students directly in writing or by electronic means of:

(A) the scheduled sampling;

(B) the requirements for testing, why testing is required, and the potential health effects from exposure to lead in drinking water;

(C) information, provided by the Department of Health, regarding sources of lead exposure other than drinking water;

(D) information regarding how the school district, supervisory union, independent school, or child care provider shall provide notice of the sample results; and

(E) how the school district, supervisory union, independent school, or child care provider shall respond to sample results that are at or above the action level.

(3) The Department may adopt a schedule for the initial sampling by school districts, supervisory unions, independent schools, and child care providers.

(c) Continued sampling. Beginning January 1, 2021, each school district, supervisory union, independent school, or child care provider in the State shall sample each outlet in each building or facility it owns, controls, or operates for lead according to a schedule adopted by the Department by rule under section 1247 of this title.

(d) Interim methodology. Prior to adoption of the rules required under section 1247 of this title, sampling under this section shall be conducted according to a methodology established by the Department of Health, provided that the methodology shall be at least as stringent as the sampling methodology provided for under the U.S. Environmental Protection Agency's 3Ts for Reducing Lead in Drinking Water in Schools and shall include a requirement for a first draw sample and a second flush sample.

(e) Waiver.

(1) The Commissioner shall waive the requirement that a school district, supervisory union, independent school, or child care provider sample drinking water under this section upon a finding that the school district, supervisory union, independent school, or child care provider:

(A) completed sampling of all outlets in each building or facility it owns, controls, or operates on or after November 1, 2017;

(B) conducted sampling according to a methodology consistent with the Department methodology established under subsection (d) of this section; and

(C) implemented or scheduled remediation that ensures that drinking water from all outlets is not at or above the action level.

(2) A school district, supervisory union, independent school, or child care provider that receives a waiver under this subsection shall be eligible for assistance from the State for the costs of remediation that has been implemented or scheduled as a result of sampling conducted after April 22, 2019.

(f) Laboratory analysis. The analyses of drinking water samples required under this chapter shall be conducted by the Vermont Department of Health Laboratory or by a certified laboratory under contract to the Department.
18 V.S.A. § 5492 — VT Code / Title 18 / Chapter 121 / Section 5492
§ 5492. Report, filing
Status: in_force

When the commissioners have completed their inquiries, they shall make report, stating their doings and decision, with their survey and appraisal of damages. Such report shall be returned to and filed in the office of the clerk of the court within 30 days after the completion of such inquiry.
18 V.S.A. § 116 — VT Code / Title 18 / Chapter 3 / Section 116
§ 116. Mother and child health service; training of nurses and workers
Status: in_force

(a) The Commissioner shall continue the existing health service for mothers and children established in a manner harmonious with Parts One and Two of Title V of the Act of Congress approved August 14, 1935 and entitled Social Security Act and shall continue its existing health service for children with physical disabilities.

(b) The Commissioner may pay for the graduate training of public health nurses and other professional health department workers whom the Department employs.
18 V.S.A. § 7501 — VT Code / Title 18 / Chapter 179 / Section 7501
§ 7501. Authority to receive patients
Status: in_force

The head of a hospital that has been officially designated by the Commissioner may receive therein for observation, diagnosis, care, and treatment any individual whose admission is sought on proper application.
18 V.S.A. § 5432 — VT Code / Title 18 / Chapter 121 / Section 5432
§ 5432. Organization and operation
Status: in_force

Such corporation shall be organized, and the affairs of the corporation shall be governed and controlled under the provisions of 11 V.S.A. chapter 1, under those sections thereof which provide for the organization and management of corporations not for profit.
18 V.S.A. § 9333 — VT Code / Title 18 / Chapter 217 / Section 9333
§ 9333. Genetic testing; employment; membership in a labor organization; professional licensure
Status: in_force

(a) No person shall, directly or indirectly, do any of the following as a condition of, or to affect the terms, conditions, or privileges of employment, of membership in a labor organization, or of professional licensure, certification, or registration:

(1) use the fact that genetic counseling or testing services have been requested or that genetic testing has been performed;

(2) use genetic testing results or genetic information from a person or a member of a person's family;

(3) use the diagnosis of a genetic disease derived from a clinical interview and examination, but not derived from the results of a genetic test; or

(4) require genetic testing.

(b) As used in this section, “employment” includes application for employment, provided that subject to the underwriting limitations of section 9334 of this title, this subsection shall not prohibit use of genetic testing results or genetic information in connection with life, disability income, or long-term care insurance provided under an employee benefit plan.

(c) No person shall disclose to an employer, labor organization, employment agency, or licensing agency any genetic testing results or genetic information, that genetic services have been requested, or that genetic testing has been performed, with respect to an individual who is an employee, labor organization member, professional licensee, certificate holder, or registrant.
18 V.S.A. § 4029 — VT Code / Title 18 / Chapter 81 / Section 4029
§ 4029. Permit to use preservatives
Status: in_force

Nothing in this title shall be so construed as to prevent the Commissioner from issuing to a producer or manufacturer of food or drinks a permit to use such preservatives or coloring matters as the Commissioner may determine are not detrimental to health.
18 V.S.A. § 107 — VT Code / Title 18 / Chapter 3 / Section 107
§ 107. Life and health of inhabitants; inspections; investigations
Status: in_force

(a) The Commissioner shall take cognizance of the interest of the life and health of the inhabitants of the State, shall make or cause to be made inspections, investigations, and inquiries respecting causes of disease and the means of preventing the same and the effect of all circumstances relating to or affecting the public health. With the approval of the Governor, the Commissioner may apply for and accept research grants for such funded research projects as have as their objective the advancement of knowledge in the health sciences, provided that the Commissioner may staff and equip such projects only from such research grants.

(b) A health officer may conduct inspections, review records, and take samples, photographs, and other evidence to detect violations of any State or local health statute, rule, ordinance, or permit, or any public health hazard or public health risk. Inspections shall be conducted at a reasonable time and in a reasonable manner. The health officer may, upon presentation of credentials, seek permission to inspect any premises not open to the public. If permission is refused, the health officer may, pursuant to section 121 of this title, seek a search warrant authorizing the inspection of such premises.

(c) This section shall not limit or conflict with the duties or powers of a health officer to inspect public water sources, public water systems, or public water source protection areas and food or lodging establishments under chapters 24 and 85 of this title.
18 V.S.A. § 4233 — VT Code / Title 18 / Chapter 84 / Section 4233
§ 4233. Heroin
Status: in_force

(a) Possession.

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

(2) A person knowingly and unlawfully possessing heroin in an amount consisting of 200 milligrams or more of one or more preparations, compounds, mixtures, or substances containing heroin shall be imprisoned not more than five years or fined not more than $100,000.00, or both.

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

(4) A person knowingly and unlawfully possessing heroin in an amount consisting of two grams or more of one or more preparations, compounds, mixtures, or substances containing heroin shall be imprisoned not more than 20 years or fined not more than $1,000,000.00, or both.

(b) Selling or dispensing.

(1) A person knowingly and unlawfully dispensing heroin shall be imprisoned not more than three years or fined not more than $75,000.00, or both. A person knowingly and unlawfully selling heroin shall be imprisoned not more than five years or fined not more than $100,000.00, or both.

(2) A person knowingly and unlawfully selling or dispensing heroin in an amount consisting of 200 milligrams or more of one or more preparations, compounds, mixtures, or substances containing heroin shall be imprisoned not more than 10 years or fined not more than $250,000.00, or both.

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

(c) Trafficking. A person knowingly and unlawfully possessing heroin in an amount consisting of 3.5 grams or more of one or more preparations, compounds, mixtures, or substances containing heroin with the intent to sell or dispense the heroin shall be imprisoned not more than 30 years or fined not more than $1,000,000.00, or both. There shall be a permissive inference that a person who possesses heroin in an amount of 3.5 grams or more of one or more preparations, compounds, mixtures, or substances containing heroin intends to sell or dispense the heroin. The amount of possessed heroin under this subsection to sustain a charge of conspiracy under 13 V.S.A. § 1404 shall be no less than 10 grams in the aggregate.

(d) Transportation into the State. In addition to any other penalties provided by law, a person knowingly and unlawfully transporting one gram or more of heroin into Vermont with the intent to sell or dispense the heroin shall be imprisoned not more than 10 years or fined not more than $100,000.00, or both.
18 V.S.A. § 7706 — VT Code / Title 18 / Chapter 183 / Section 7706
§ 7706. Legal competence
Status: in_force

No determination that a person requires treatment and no order of the court authorizing hospitalization or alternative treatment shall lead to a presumption of legal incompetence for matters other than treatment.
18 V.S.A. § 131 — VT Code / Title 18 / Chapter 3 / Section 131
§ 131. Criminal penalty
Status: in_force

(a) Any person who violates a provision of this title or who fails or neglects to obey or comply with an order or the terms of a permit issued under this title shall be fined not more than $5,000.00. Each violation shall be a separate offense and, in the case of a continuing violation, each day's continuance shall be deemed a separate violation.

(b) Any person who refuses to obey or comply with an order or the terms of a permit issued under this title or who knowingly creates a public health hazard or knowingly contributes to a significant public health risk shall be fined not more than $25,000.00 or be imprisoned not more than six months, or both. Each violation shall be a separate offense and, in the case of a continuing violation, each day's continuance shall be deemed a separate violation.

(c) Any person who knowingly makes a false statement, representation, or certification as to any material fact in any application, record, report, plan, testing result, or other document filed or required to be maintained under this title, or who falsifies, tampers with, or knowingly renders inaccurate a testing device or method required to be maintained under this title or required by a permit, rule, regulation, or order issued under this title shall be fined not more than $10,000.00 or be imprisoned for not more than six months, or both.

(d) Any person who hinders or attempts to hinder any actions taken pursuant to this chapter shall be fined not more than $1,000.00.
18 V.S.A. § 4030 — VT Code / Title 18 / Chapter 81 / Section 4030
§ 4030. Embargo; penalty
Status: in_force

When it is found or there is probable cause to believe that an article of food or a drug is in violation of the provisions of this title, the Commissioner or Commissioner's authorized representative may embargo the distribution, sale, use, or transportation of such article until directions for its disposal shall be given by the Commissioner or by action of court. A person, partnership, or corporation that moves, sells, or otherwise disposes of any article so embargoed shall be punished as provided in section 6 of this title.
18 V.S.A. § 1685 — VT Code / Title 18 / Chapter 33B / Section 1685
§ 1685. Rulemaking [Repealed effective January 1, 2026]
Status: in_force

Pursuant to 3 V.S.A. chapter 25, the Commissioner shall adopt any rules necessary for the implementation, administration, and enforcement of this chapter.
18 V.S.A. § 5491 — VT Code / Title 18 / Chapter 121 / Section 5491
§ 5491. Survey; damages
Status: in_force

When the commissioners decide that public necessity and convenience require the enlargement of such burial grounds, and the amount needed, they shall cause the same to be surveyed and shall ascertain what damages will be sustained by the owner of such land.
18 V.S.A. § 9551 — VT Code / Title 18 / Chapter 227 / Section 9551
§ 9551. All-payer model
Status: in_force

In order to implement a value-based payment model allowing participating health care providers to be paid by Medicaid, Medicare, and commercial insurance using a common methodology that may include population-based payments and increased financial predictability for providers, the Green Mountain Care Board and Agency of Administration shall ensure that the model:

(1) maintains consistency with the principles established in section 9371 of this title;

(2) continues to provide payments from Medicare directly to health care providers or accountable care organizations without conversion, appropriation, or aggregation by the State of Vermont;

(3) maximizes alignment between Medicare, Medicaid, and commercial payers to the extent permitted under federal law and waivers from federal law, including:

(A) what is included in the calculation of the total cost of care;

(B) attribution and payment mechanisms;

(C) patient protections;

(D) care management mechanisms; and

(E) provider reimbursement processes;

(4) strengthens and invests in primary care;

(5) incorporates social determinants of health;

(6) adheres to federal and State laws on parity of mental health and substance abuse treatment, integrates mental health and substance abuse treatment systems into the overall health care system, and does not manage mental health or substance abuse care through a separate entity; provided, however, that nothing in this subdivision (6) shall be construed to alter the statutory responsibilities of the Departments of Health and of Mental Health;

(7) includes a process for integration of community-based providers, including home health agencies, mental health agencies, developmental disability service providers, emergency medical service providers, adult day service providers, and area agencies on aging, and their funding streams to the extent permitted under federal law, into a transformed, fully integrated health care system that may include transportation and housing;

(8) continues to prioritize the use, where appropriate, of existing local and regional collaboratives of community health providers that develop integrated health care initiatives to address regional needs and evaluate best practices for replication and return on investment;

(9) pursues an integrated approach to data collection, analysis, exchange, and reporting to simplify communication across providers and drive quality improvement and access to care;

(10) allows providers to choose whether to participate in accountable care organizations, to the extent permitted under federal law;

(11) evaluates access to care, quality of care, patient outcomes, and social determinants of health;

(12) requires processes and protocols for shared decision making between the patient and his or her health care providers that take into account a patient's unique needs, preferences, values, and priorities, including use of decision support tools and shared decision making methods with which the patient may assess the merits of various treatment options in the context of his or her values and convictions, and by providing patients access to their medical records and to clinical knowledge so that they may make informed choices about their care;

(13) supports coordination of patients' care and care transitions through the use of technology, with patient consent, such as sharing electronic summary records across providers and using telemedicine, home telemonitoring, and other enabling technologies; and

(14) ensures, in consultation with the Office of the Health Care Advocate, that robust patient grievance and appeal protections are available.
18 V.S.A. § 7206 — VT Code / Title 18 / Chapter 173 / Section 7206
§ 7206. Recommendations and reports
Status: in_force

The Department shall from time to time study comprehensively the mental health problems of the State, develop programs for mental health services, and recommend as to the integration within the Department of any other related agencies and services as it considers proper. It shall also periodically review and evaluate the mental health programs.
18 V.S.A. § 130 — VT Code / Title 18 / Chapter 3 / Section 130
§ 130. Civil enforcement
Status: in_force

(a) The Commissioner, or a local board of health, may bring an action in the Superior Court of the county in which a violation or a public health hazard or public health risk has occurred or is occurring, to enforce the provisions of this title, or the rules, permits, or orders issued pursuant to this title, including the terms of an assurance of discontinuance entered into under section 125 of this title.

(b) The court may grant temporary and permanent injunctive relief and may exercise all the powers available to it, including:

(1) Enjoining future activities that may contribute to a public health hazard or a public health risk.

(2) Ordering remedial actions to be taken to mitigate a public health risk or to remove or destroy a public health hazard.

(3) Ordering the design, construction, installation, and operation of facilities designed to mitigate a public health risk or to ensure compliance with any permit issued under this chapter.

(4) Fixing and ordering compensation for any public or private property destroyed or damaged.

(5) Ordering reimbursement from any person who caused governmental expenditures for the investigation and mitigation of the public health risk or the investigation, abatement, or removal of public health hazards.

(6) Levying civil penalties not to exceed $10,000.00 for each violation. In the case of a continuing violation, each day's continuance may be deemed a separate violation.
18 V.S.A. § 4068 — VT Code / Title 18 / Chapter 82 / Section 4068
§ 4068. Advertising Rules
Status: in_force

(a) An advertisement of a food, drug, device, or cosmetic shall be deemed to be false if it is false or misleading in any particular.

(b) For the purpose of this chapter, the advertisement of a drug or device representing it to have any effect in albuminuria, appendicitis, arteriosclerosis, blood poison, bone disease, Bright's disease, cancer, carbuncles, cholecystitis, diabetes, diphtheria, dropsy, erysipelas, gallstones, heart and vascular diseases, high blood pressure, mastoiditis, measles, meningitis, mumps, nephritis, otitis media, paralysis, pneumonia, poliomyelitis (infantile paralysis), prostate gland disorders, pyelitis, scarlet fever, sexual impotence, sinus infection, smallpox, tuberculosis, tumors, typhoid, uremia, or venereal disease shall also be deemed to be false, except that no advertisement, not in violation of subsection (a) of this section, shall be deemed to be false under this subsection if it is disseminated only to members of the medical, dental, or veterinary professions, or appears only in the scientific periodicals of these professions, or is disseminated only for the purpose of public health education by persons not commercially interested, directly or indirectly, in the sale of the drugs or devices, provided that whenever the Department determines that an advance in medical science has made any type of self-medication safe as to any of the diseases named in this subsection, the Department shall by rule authorize the advertisement of drugs having curative or therapeutic effect for the disease, subject to such conditions and restrictions as the Department may deem necessary in the interests of public health, provided that this subsection shall not be construed as indicating that self-medication for diseases other than those named in this section is safe or efficacious.
18 V.S.A. § 4026 — VT Code / Title 18 / Chapter 81 / Section 4026
§ 4026. Sale of drugs; record
Status: in_force

When a sale is made by any person of any of such drugs, salts, solutions, extracts, or tinctures, such sale shall be entered and recorded in a book kept for that purpose, giving the name of the article sold, date of sale, to whom sold, residence of purchaser, for whom purchased, the use to be made of the article or drug purchased, and the name of the salesperson or clerk making such sale. Such book shall be in such form as the Commissioner shall prescribe and shall be open to the inspection of health officers, Commissioner, and prosecuting officers who may wish to examine the same. The provisions of this section shall not apply to compounds or preparations labeled according to other provisions of this chapter.
18 V.S.A. § 8007 — VT Code / Title 18 / Chapter 189 / Section 8007
§ 8007. Conditional discharges
Status: in_force

(a) The Board or the head of a hospital may conditionally discharge from a hospital any patient who may be safely and properly cared for in a place other than the hospital.

(b) A conditional discharge may extend for a term of six months, but shall not exceed 60 days unless the head of the hospital determines that a longer period will materially improve the availability of a program of treatment that is an alternative to hospitalization.

(c) Unless sooner revoked or renewed, a conditional discharge shall become absolute at the end of its term.

(d) A conditional discharge may be granted subject to the patient's agreement to participate in outpatient, after-care, or follow-up treatment programs, and shall be subject to such other conditions and terms as are established by the granting authority.

(e) Each patient granted a conditional discharge shall be provided, so far as practicable and appropriate, with continuing treatment on an outpatient or partial hospitalization basis.

(f) Each patient granted a conditional discharge shall be given a written statement of the conditions of his or her release, the violation of which can cause revocation.

(g) A conditional discharge may be renewed by the granting authority at any time before it becomes absolute if the head of a hospital first determines that such renewal will substantially reduce the risk that the patient will become a person in need of treatment in the near future.
18 V.S.A. § 1609 — VT Code / Title 18 / Chapter 31 / Section 1609
§ 1609. Construction and severability-Article IX
Status: in_force

It is the legislative intent that the provisions of this compact be reasonably and liberally construed. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be unconstitutional or the applicability thereof, to any state, agency, person, or circumstance is held invalid, the constitutionality of the remainder of this compact and the applicability thereof, to any other state, agency, person, or circumstance shall not be affected thereby.
18 V.S.A. § 4218 — VT Code / Title 18 / Chapter 84 / Section 4218
§ 4218. Enforcement
Status: in_force

(a) It is hereby made the duty of the Department of Public Safety, its officers, agents, inspectors, and representatives, and pursuant to its specific authorization any other peace officer within the State, and of all State's Attorneys, to enforce all provisions of this chapter and of the rules of the Department of Health adopted under this chapter, except those otherwise specifically delegated, and to cooperate with all agencies charged with the enforcement of the federal drug laws, this chapter, and the laws of other states relating to regulated drugs.

(b) Such authorities and their specifically authorized agents shall have, at all times, access to all orders, prescriptions, and records kept or maintained under this chapter, as provided herein.

(c) A person who gives information to law enforcement officers, the Drug Rehabilitation Commission, Department of Health, or professional boards as defined in section 4201 of this title and their specifically authorized agents, concerning the use of regulated drugs or the misuse by other persons of regulated drugs, shall not be subject to any civil, criminal, or administrative liability or penalty for giving such information.

(d) Nothing in this section shall authorize the Department of Public Safety and other authorities described in subsection (a) of this section to have access to VPMS (Vermont Prescription Monitoring System) created pursuant to chapter 84A of this title, except as provided in that chapter.

(e) The Department of Public Safety, in consultation with representatives of licensed Vermont pharmacies, shall adopt standard operating guidelines for accessing pharmacy records through the authority granted in this section. Any person authorized to access pharmacy records pursuant to subsection (a) of this section shall follow the Department of Public Safety's guidelines. These guidelines shall be a public record.
18 V.S.A. § 9439 — VT Code / Title 18 / Chapter 221 / Section 9439
§ 9439. Competing applications
Status: repealed

(a) The Board shall provide by rule a process by which any person wishing to offer or develop a new health care project may submit a competing application when a substantially similar application is pending. The competing application must be filed and completed in a timely manner, and the original application and all competing applications shall be reviewed concurrently. A competing applicant shall have the same standing for administrative and judicial review under this subchapter as the original applicant.

(b) When a letter of intent to compete has been filed, the review process is suspended and the time within which a decision must be made as provided in subdivision 9440(d)(4) of this title is stayed until the competing application has been ruled complete or for a period of 55 days from the date of notification under subdivision 9440(c)(8) of this title as to the original application, whichever is shorter.

(c) Nothing in this subchapter shall be construed to restrict the Board to granting a certificate of need to only one applicant for a new health care project.

(d) [Repealed.]

(e) [Repealed.]

(f) Unless an application meets the requirements of subsection 9440(e) of this title, the Board shall consider disapproving a certificate of need application for a hospital if a project was not identified prospectively as needed at least two years prior to the time of filing in the hospital's four-year capital plan required under subdivision 9454(a)(6) of this title. The Board shall review all hospital four-year capital plans as part of the review under subdivision 9437(2)(B) of this title.
18 V.S.A. § 8108 — VT Code / Title 18 / Chapter 191 / Section 8108
§ 8108. Claim allowed against estate
Status: in_force

Claim for the care and treatment of a mentally ill person against his or her estate shall be presented and prosecuted by the Commissioner and shall be allowed by the Commissioner upon the estate and paid by his or her administrator or executor. Such claims shall not exceed the amount that the Commissioner has found to be within the ability and legal obligation of the person to pay and full credit shall be allowed for any amounts paid prior to the death of the person.
18 V.S.A. § 5112 — VT Code / Title 18 / Chapter 104 / Section 5112
§ 5112. Issuance of new birth certificate
Status: in_force

(a) It is the policy of the State of Vermont to honor and acknowledge all gender identities and protect public health and dignity of all individuals in Vermont, irrespective of their gender. Accordingly, the State shall adopt a simple process by which an individual may amend the marker on a birth certificate to reflect the individual's gender identity, including a third non-binary marker.

(b) Pursuant to 3 V.S.A. chapter 25, the Department shall adopt rules as necessary for the purposes of implementing, administering, or enforcing the requirements of this section.

(c) The Department may adopt rules to add gender pronouns to the list of markers on a birth certificate in order to foster a gender literate environment and reflect an individual's gender identity.

(d) Except as otherwise required by law, records relating to the amendment of a birth certificate pursuant to this chapter shall be confidential and shall be exempt from public inspection and copying under the Public Records Act.
18 V.S.A. § 510 — VT Code / Title 18 / Chapter 9 / Section 510
§ 510. Removal and retention of pituitary glands
Status: in_force

In the course of any autopsy performed by the Chief Medical Examiner or his or her designee, the Chief Medical Examiner may remove the pituitary gland from the body for use in manufacturing a hormone necessary for the physical growth of persons who are, or may become, hypopituitary dwarfs. However, the pituitary gland shall not be removed or retained under the authority of this section if the person having the right to control disposition of the decedent's remains notifies the examiner prior to the autopsy that removal of the decedent's pituitary gland would be contrary to the religious beliefs or personal conviction of such person or of the decedent at the time of death.
18 V.S.A. § 2351 — VT Code / Title 18 / Chapter 53 / Section 2351
§ 2351. Definitions [Effective January 1, 2027 or on effective date of rules]
Status: in_force

As used in this chapter:

(1) “Birth center” means a facility the primary purposes of which are to provide midwifery care, low-risk deliveries, and newborn care immediately after delivery, for a stay of generally less than 24 hours. The term does not include a facility that is a hospital, is part of a hospital, or is owned by a hospital; a facility that is an ambulatory surgical center; or the residence of the individual giving birth. A birth center may be located on the grounds of a hospital.

(2) “Certified nurse midwife” means an advanced practice registered nurse licensed in accordance with 26 V.S.A. chapter 28, subchapter 2 who has specialized training in childbirth, newborn care, and reproductive health care services.

(3) “Change of ownership” means a change in the majority or controlling interest in an established birth center to another person.

(4) “Corrective action plan” means a written strategy for correcting an issue of partial compliance, deficiency, or violation of this chapter or rules adopted pursuant to this chapter.

(5) “Licensed maternity care provider” means a licensed provider whose professional scope of practice, as established under Vermont law, includes preconception, prenatal, labor, birth, and postpartum care and early care of a newborn and who may be the primary attendant during the perinatal period.

(6) “Licensed midwife” means a professional licensed in accordance with 26 V.S.A. chapter 85.

(7) “Licensed provider” means an individual licensed or certified in Vermont to provide specific health care-related services within a scope of practice defined by licensing statutes and rules, and may include advanced practice registered nurses, including certified nurse midwives; licensed midwives; physician assistants; naturopathic physicians with a childbirth endorsement in accordance with 26 V.S.A. §§ 4122(b) and 4125(b); and physicians.
18 V.S.A. § 1042 — VT Code / Title 18 / Chapter 21 / Section 1042
§ 1042. Record of cases; instructions
Status: in_force

The Commissioner shall keep an accurate record of cases reported as provided in sections 1007 and 1041 of this title. Upon being notified of a case mentioned in sections 1007 and 1041 of this title, the Commissioner shall take such action as the Commissioner deems necessary for the protection of the public and the individual's health.
18 V.S.A. § 8820 — VT Code / Title 18 / Chapter 206 / Section 8820
§ 8820. Purpose
Status: in_force

The purpose of this chapter is to establish procedures for determining appropriate care for persons with an intellectual disability in Vermont.
18 V.S.A. § 9492 — VT Code / Title 18 / Chapter 222 / Section 9492
§ 9492. Non-emergency walk-in centers; nondiscrimination
Status: in_force

(a) A non-emergency walk-in center shall accept patients of all ages for diagnosis and treatment of illness, injury, and disease during all hours that the center is open to see patients. A non-emergency walk-in center shall not discriminate against any patient or prospective patient on the basis of insurance status or type of health coverage.

(b) As used in this section, “non-emergency walk-in center” means an outpatient or ambulatory diagnostic or treatment center at which a patient without making an appointment may receive medical care that is not of an emergency, life threatening nature. The term includes facilities that are self-described as urgent care centers, retail health clinics, and convenient care clinics.
18 V.S.A. § 9013 — VT Code / Title 18 / Chapter 209 / Section 9013
§ 9013. Withdrawal-Article XIII
Status: in_force

(a) A state party to this compact may withdraw therefrom by enacting a statute repealing the same. Such withdrawal shall take effect one year after notice thereof has been communicated officially and in writing to the governors and compact administrators of all other party states. However, the withdrawal of any state shall not change the status of any patient who has been sent to said state or sent out of said state pursuant to the provisions of the compact.

(b) Withdrawal from any agreement permitted by article VII(b) as to costs or from any supplementary agreement made pursuant to article XI shall be in accordance with the terms of such agreement.
18 V.S.A. § 9717 — VT Code / Title 18 / Chapter 231 / Section 9717
§ 9717. Presumption of validity
Status: in_force

An advance directive executed as provided in this chapter shall be presumed valid. No third party shall require an additional or different form of advance directive. A photocopy or facsimile of a duly executed original advance directive shall be relied upon to the same extent as the original.
18 V.S.A. § 8151 — VT Code / Title 18 / Chapter 192 / Section 8151
§ 8151. Director of Suicide Prevention; duties
Status: in_force

The Department of Mental Health's Director of Suicide Prevention shall lead the State's suicide prevention efforts, intervention supports, and postvention efforts and collaborate with communities and providers to reduce the number of suicide deaths and attempts in the State. The Director shall promote and support statewide crisis and suicide prevention recommendations as outlined in the State's Suicide Platform, including the creation of a strategic plan and suicide prevention education protocol for all schools. The Director shall:

(1) expand partnerships, including with service members, veterans, and their families;

(2) implement innovative data-driven initiatives;

(3) coordinate suicide prevention programs across the State; and

(4) work to secure federal funding.
18 V.S.A. § 5282 — VT Code / Title 18 / Chapter 113 / Section 5282
§ 5282. Right to information
Status: in_force

The rights of a patient under section 1871 of this title to be informed of all available options related to terminal care and under 12 V.S.A. § 1909(d) to receive answers to any specific question about the foreseeable risks and benefits of medication without the physician's withholding any requested information exist regardless of the purpose of the inquiry or the nature of the information. A physician who engages in discussions with a patient related to such risks and benefits in the circumstances described in this chapter shall not be construed to be assisting in or contributing to a patient's independent decision to self-administer a lethal dose of medication, and such discussions shall not be used to establish civil or criminal liability or professional disciplinary action.
18 V.S.A. § 9104 — VT Code / Title 18 / Chapter 211 / Section 9104
§ 9104. Limitation on proceedings
Status: in_force

Any proceedings under this chapter shall be begun within one year after the flight therein referred to.
18 V.S.A. § 5366 — VT Code / Title 18 / Chapter 121 / Section 5366
§ 5366. Not liable until notified
Status: in_force

A town shall not be charged for not keeping in repair the fence around a burial ground, or be liable for damage done, unless the selectboard, or cemetery commissioners, as the case may be, had notice in writing 20 days previous that the fence was out of repair.
18 V.S.A. § 9445 — VT Code / Title 18 / Chapter 221 / Section 9445
§ 9445. Enforcement
Status: in_force

(a) Any person who offers or develops any new health care project within the meaning of this subchapter without first obtaining a certificate of need as required by this subchapter, or who otherwise violates any of the provisions of this subchapter or any rule adopted or order issued pursuant to this subchapter, may be subject to one or both of the following administrative sanctions by the Board, after notice and an opportunity to be heard:

(1) The Board may order that no license or certificate permitted to be issued by any State agency may be issued to any health care facility to operate, offer, or develop any new health care project for a specified period of time, or that remedial conditions be attached to the issuance of such licenses or certificates.

(2) The Board may order that payments or reimbursements to the entity for claims made under any health insurance policy, subscriber contract, or health benefit plan offered or administered by any public or private health insurer, including the Medicaid program and any other health benefit program administered by the State be denied, reduced, or limited, and in the case of a hospital that the hospital's annual budget approved under subchapter 7 of this chapter be adjusted, modified, or reduced.

(b) In addition to all other sanctions, if any person offers or develops any new health care project without first having been issued a certificate of need or certificate of exemption for the project, or violates any other provision of this subchapter or any rule adopted or order issued pursuant to this subchapter, the Board, the Office of the Health Care Advocate, the State Long-Term Care Ombudsman, and health care providers and consumers located in the State shall have standing to maintain a civil action in the Superior Court of the county in which such alleged violation has occurred, or in which such person may be found, to enjoin, restrain, or prevent such violation. Upon written request by the Board, it shall be the duty of the Vermont Attorney General to furnish appropriate legal services and to prosecute an action for injunctive relief to an appropriate conclusion, which shall not be reimbursed under subdivision (a)(2) of this section.

(c)(1) After notice and an opportunity for hearing, the Board may impose on a person who violates a provision of this subchapter or a rule adopted or order issued pursuant to this subchapter, one or more of the following:

(A) a civil administrative penalty of not more than $75,000.00, or in the case of a continuing violation, a civil administrative penalty of not more than $200,000.00 or one-tenth of one percent of the gross annual revenues of the health care facility, whichever is greater, which shall not be reimbursed under subdivision (a)(2) of this section;

(B) an order that the person cease and desist from further violations; and

(C) any such other actions necessary to remediate a violation.

(2) A person aggrieved by a decision of the Board under this subchapter may appeal under section 9381 of this title.

(d) The Board shall adopt by rule criteria for assessing the circumstances in which a violation of a provision of this subchapter, a rule adopted pursuant to this subchapter, or the terms or conditions of a certificate of need require that a penalty under this section shall be imposed, and criteria for assessing the circumstances in which a penalty under this section may be imposed.
18 V.S.A. § 5316 — VT Code / Title 18 / Chapter 121 / Section 5316
§ 5316. Encumbrance of cemetery property prohibited
Status: in_force

A public mausoleum, crematorium, columbarium, the land or lot or right of burial shall not be mortgaged, pledged, or in any manner encumbered by the agency owning or controlling the same.
18 V.S.A. § 5222 — VT Code / Title 18 / Chapter 107 / Section 5222
§ 5222. Reports
Status: in_force

(a)(1) The following fetal deaths shall be reported by the hospital, licensed health care professional, or funeral director directly to the Commissioner within seven days after delivery on forms prescribed by the Department:

(A) All fetal deaths of 20 or more weeks of gestation or, if gestational age is unknown, of 400 or more grams, 15 or more ounces, fetal weight shall be reported.

(B) All therapeutic or induced abortions, as legally authorized to be performed, of any length gestation or weight shall be reported.

(2) Spontaneous abortions and ectopic pregnancies of less than 20 weeks gestation are not required to be reported.

(b) The licensed health care professional who treats a patient as a result of a miscarriage or abortion shall report the fetal death if it is not known to be previously reported under subsection (a) of this section. If there is evidence of violence or other unusual or suspicious circumstances, the medical examiner shall be immediately notified, and the medical examiner shall complete at least the medical items on the report. If a funeral director is to be involved, the licensed health care professional may delegate to the funeral director the responsibility for completing items other than those of a medical nature. Similarly, the licensed health care professional may delegate the responsibility for completion of nonmedical items to appropriate personnel having access to records containing the information.

(c) If a fetal death occurs on a moving conveyance, the place of occurrence shall be given as the town or city where removal from the vehicle took place.

(d) Reports made pursuant to this section are for statistical purposes only and are not public records. They shall be kept confidential; shall not be disclosed or discoverable in any civil, criminal, administrative, or other proceeding; and shall be destroyed after two years.
18 V.S.A. § 1781 — VT Code / Title 18 / Chapter 39 / Section 1781
§ 1781. Definitions
Status: in_force

As used in this chapter:

(1) “Air freshener” means an aerosol spray, liquid deodorizer, plug-in product, para-di-chlorbenzene block, scented urinal screen, or other product used to mask odors or freshen the air in a room.

(2) “Antimicrobial pesticide” means a product regulated by the federal Insecticide, Fungicide and Rodenticide Act that is intended to:

(A) disinfect, sanitize, reduce, or mitigate growth or development of microbiological organisms; or

(B) protect inanimate objects, industrial processes or systems, surfaces, water, or other chemical substances from contamination, fouling, or deterioration caused by bacteria, viruses, fungi, protozoa, algae, or slime.

(3) “Cleaning product” means an institutional compound intended for routine cleaning, including general purpose cleaners, bathroom cleaners, glass cleaners, carpet cleaners, floor care products, and hand soaps. Cleaning product shall not mean an antimicrobial pesticide.

(4) “Conventional cleaning product” means a cleaning product that is not an environmentally preferable cleaning product.

(5) “Distributor” means any person or entity that distributes cleaning products commercially, but excludes retail stores.

(6) “Environmentally preferable cleaning product” means a cleaning product that has a lesser or reduced effect on human health and the environment when compared to competing products serving the same purpose.

(7) “Green cleaning” means a practice that includes:

(A) the use of a cleaning product certified as environmentally preferable by an independent third party or an environmentally preferable cleaning product used by the Department of Buildings and General Services;

(B) best practices that follow accepted management standards and improve indoor air quality; and

(C) equipment that facilitates effective cleaning.

(8)(A) “Independent third party” means a nationally recognized organization that has developed a program for the purpose of certifying environmentally preferable cleaning products. The independent third party's certification program shall:

(i) define a manufacturer's certification fees;

(ii) identify any potential conflicts of interest;

(iii) base certification on consideration of human health and safety, ecological toxicity, other environmental impacts, and resource conservation as appropriate for the product and its packaging on a life-cycle basis;

(iv) develop certification standards in an open, public, and transparent manner that involves the public and key stakeholders;

(v) periodically revise and update the standards to remain consistent with current research about the impacts of chemicals on human health;

(vi) monitor and enforce the standards for the purpose of certification, and have the authority to inspect the manufacturing facility and periodically do so, and have a registered or legally protected certification mark; and

(vii) make the standards easily accessible to purchasers and manufacturers.

(B) In the alternative, “independent third party” means any organization otherwise deemed by the Department of Health to satisfactorily assess and certify environmentally preferable cleaning products.

(9) “Manufacturer” means any person or entity engaged in the process of manufacturing cleaning products for commercial distribution.

(10) “School” means:

(A) A public school in Vermont, including a regional career technical center and a comprehensive high school.

(B) An approved independent school.
18 V.S.A. § 5482 — VT Code / Title 18 / Chapter 121 / Section 5482
§ 5482. Eminent domain
Status: in_force

The right to acquire land and property for cemetery purposes by condemnation proceedings by towns and cemetery associations is hereby granted under the conditions and restrictions set forth in this chapter.
18 V.S.A. § 1854 — VT Code / Title 18 / Chapter 42 / Section 1854
§ 1854. Public access to information
Status: in_force

(a) A hospital shall make public the maximum patient census and the number of registered nurses, licensed practical nurses, and licensed nursing assistants providing direct patient care in each unit during each shift. Each unit's information shall be reported in full-time equivalents, with either every eight hours or 12 hours worked by a registered nurse, licensed practical nurse, or licensed nursing assistant during the shift as one full-time equivalent. The reporting of this information shall be in a manner consistent with the requirements for public reporting for measures of nurse staffing selected by the Commissioner of Health under subdivision 9405b(a)(4) of this title, but shall not in any way change what is required to be posted as set forth in this subsection. Each unit's information shall be posted in a prominent place that is readily accessible to patients and visitors in that unit at least once each day. The posting shall include the information for the preceding seven days.

(b) The hospital shall provide a telephone number to the public for requesting public information, including information required under this section and sections 1852 and 9405b of this title. The information shall be provided within 24 hours of the request.
18 V.S.A. § 5141 — VT Code / Title 18 / Chapter 105 / Section 5141
§ 5141. Confirmation of legal qualifications of parties; penalty
Status: repealed

(a) At a minimum, before issuing a civil marriage license to an applicant, the town clerk shall review the license application to confirm that:

(1) the information submitted in the license application does not facially indicate that the parties are prohibited from marrying by the laws of this State; and

(2) the parties have certified to the veracity of the information in the application.

(b) A clerk who fails to comply with the provisions of this section or who issues a civil marriage license with knowledge that the parties, or either of them, are prohibited from marrying or otherwise have failed to comply with the requirements of the laws of this State, or a person who having authority and having such knowledge solemnizes such a marriage, shall be fined not more than $100.00.

(c) [Repealed.]
18 V.S.A. § 301 — VT Code / Title 18 / Chapter 7 / Section 301
§ 301. Program of dental health established
Status: in_force

The Commissioner shall maintain a statewide program of dental health.
18 V.S.A. § 7617a — VT Code / Title 18 / Chapter 181 / Section 7617a
§ 7617a. Reporting; National Instant Criminal Background Check System
Status: in_force

(a) If the court issues a hospitalization order pursuant to subdivision 7617(b)(1) or (2) of this title or a nonhospitalization order pursuant to subdivision 7617(b)(3), the Court Administrator shall within 48 hours report the name of the person subject to the order to the National Instant Criminal Background Check System, established by Section 103 of the Brady Handgun Violence Prevention Act of 1993. The report shall include only information sufficient to identify the person, the reason for the report, and a statement that the report is made in accordance with 18 U.S.C. § 922(g)(4).

(b) A report required by this section shall be submitted notwithstanding section 7103 of this title or any other provision of law.

(c) A report required by this section is confidential and exempt from public inspection and copying under the Public Records Act except as provided in subsection (d) of this section. The report shall not be used for any purpose other than for submission to the National Instant Criminal Background Check System pursuant to this section, where it may be used for any purpose permitted by federal law, including in connection with the issuance of a firearm-related permit or license.

(d) A copy of the report required by this section shall be provided to the person who is the subject of the report. The report shall include written notice to the person who is the subject of the report that the person is not permitted to possess a firearm.
18 V.S.A. § 9603 — VT Code / Title 18 / Chapter 229 / Section 9603
§ 9603. Duties and authority
Status: repealed

(a) The Office of the Health Care Advocate shall:

(1) Assist Vermonters with health insurance plan selection by providing information, referrals, and assistance to individuals about means of obtaining and paying for health insurance coverage and services. The Office shall accept referrals from the Vermont Health Benefit Exchange and Exchange navigators created pursuant to 33 V.S.A. chapter 18, subchapter 1, to assist individuals experiencing problems related to the Exchange.

(2) Assist Vermonters to understand their rights and responsibilities under health insurance plans.

(3) Provide information to the public, agencies, members of the General Assembly, and others about Vermonters' problems and concerns regarding health insurance and access to health care, as well as recommendations for resolving those problems and concerns.

(4) Identify, investigate, and resolve complaints, questions, and inquiries on behalf of individual Vermonters with respect to issues regarding health insurance or access to health care, and assist those Vermonters with filing and pursuing complaints and appeals.

(5) Provide consumer education to Vermonters regarding their rights and responsibilities under State and federal laws, rules, and regulations.

(6) Analyze and monitor the development and implementation of federal, State, and local laws, rules, and policies relating to health insurance and health care, with a special focus on patients' rights and eligibility for State and federal health care programs.

(7) Ensure policymakers hear directly from Vermonters by facilitating public comment on health care-related laws, rules, processes, and policies.

(8) Suggest to the Green Mountain Care Board, the Department of Financial Regulation, and other entities in State government policies, procedures, or rules that protect and promote the interests of Vermonters in matters related to health insurance and access to health care.

(9) Collaborate with other health care- and health policy-related citizen and consumer organizations to promote affordable and accessible health care for Vermonters.

(10) Ensure that all Vermonters have timely access to the services provided by the Office.

(11) Submit to the Governor; the House Committees on Health Care, on Ways and Means, and on Appropriations; and the Senate Committees on Health and Welfare, on Finance, and on Appropriations, on or before January 15 of each year, a report on the activities, performance, and fiscal accounts of the Office during the preceding calendar year.

(b) The Office of the Health Care Advocate may:

(1) [Repealed.]

(2) Pursue administrative, judicial, and other remedies on behalf of any individual or group of individuals experiencing problems with health insurance or access to health care.

(3) Represent the interests of the people of the State of Vermont in matters involving health care and health insurance at the Green Mountain Care Board, the Department of Financial Regulation, or other State agencies.

(4) Adopt policies and procedures necessary to carry out the provisions of this chapter.

(5) Take any other action necessary to fulfill the purposes of this chapter.

(c) The Office of the Health Care Advocate shall be able to speak to Vermonters and on behalf of the interests of Vermonters in health care- and health insurance-related matters and to carry out all duties prescribed in this chapter without being subject to any retaliatory action; provided, however, that nothing in this subsection shall limit the authority of the Agency of Human Services to enforce the terms of the contract.

(d) Health care providers and health insurers shall cooperate with the Office of the Health Care Advocate by providing relevant records and information when an individual or the individual's guardian or legal representative has authorized the Office to act on the individual's behalf. A health care provider or health insurer may require the written consent of the individual or the individual's guardian or legal representative prior to providing the records or information to the Office.
18 V.S.A. § 5379 — VT Code / Title 18 / Chapter 121 / Section 5379
§ 5379. Report of cemetery commissioners
Status: in_force

The board shall submit annually a written report to the town auditors as to the condition and needs of the burial grounds under its charge and of its doings, including a detailed statement of its receipts and expenditures and of the amount and disposition of the funds in its hands or subject to its control.
18 V.S.A. § 9491 — VT Code / Title 18 / Chapter 222 / Section 9491
§ 9491. Health care workforce; strategic plan
Status: in_force

(a) The Director of Health Care Reform in the Agency of Human Services shall maintain a current health care workforce development strategic plan that continues efforts to ensure that Vermont has the health care workforce necessary to provide care to all Vermont residents.

(b)(1) The Director or designee shall consult with an advisory group composed of the following 11 members, at least one of whom shall be a nurse, to develop and maintain the strategic plan:

(A) one representative of the Green Mountain Care Board's primary care advisory group;

(B) one representative of the Vermont State Colleges;

(C) one representative of the Area Health Education Centers' workforce initiative;

(D) one representative of federally qualified health centers;

(E) one representative of Vermont hospitals;

(F) one representative of physicians;

(G) one representative of mental health professionals;

(H) one representative of dentists;

(I) one representative of naturopathic physicians;

(J) one representative of home health agencies; and

(K) one representative of long-term care facilities.

(2) The Director or designee shall serve as the chair of the advisory group.

(c) The Director of Health Care Reform shall ensure that the strategic plan includes recommendations on how to develop Vermont's health care workforce, including:

(1) the current capacity and capacity issues of the health care workforce and delivery system in Vermont, including the shortages of health care professionals, specialty practice areas that regularly face shortages of qualified health care professionals, issues with geographic access to services, and unmet health care needs of Vermonters;

(2) how State government, universities and colleges, the State's educational system, entities providing education and training programs related to the health care workforce, and others may develop the resources in the health care workforce and delivery system to educate, recruit, and retain health care professionals to achieve Vermont's health care reform principles and purposes; and

(3) assessing the availability of State and federal funds for health care workforce development.