reglab/housing_qa huggingface dataset:
18 V.S.A. § 1916
2021 Vermont Statutes|Title 18 - Health|Chapter 43A - Patient Safety Surveillance and Improvement System|§ 1916. Intentional unsafe acts

§ 1916. Intentional unsafe acts|(a) A hospital shall notify the Department, within the time frames established by regulation, if the information available supports a reasonable, good faith belief that an intentional unsafe act as it pertains to patients has occurred.(b) For intentional unsafe acts reportable to other departments or agencies, a hospital shall notify the Department of Health or provide a copy of any written report. Such reports shall not constitute a waiver of peer review or any other privilege.(c) If the Department confirms or independently concludes, based on a reasonable, good faith belief, that an intentional unsafe act occurred, it shall notify relevant State and federal licensing and other regulatory entities and, in the case of possible criminal activity, relevant State and federal law enforcement authorities.(d) There shall be no liability on the part of and no cause of action for damages shall arise against any individual or hospital for any act or proceeding related to activities undertaken or performed within the scope of the obligations imposed by this section, provided that the individual or hospital acts without malice and with the reasonable belief that the action is warranted by the facts known after making reasonable efforts to obtain all the facts.(e) Nothing in this section shall prevent a hospital from conducting its own investigation or peer review. (Added 2005, No. 215 (Adj. Sess.), § 324; amended 2017, No. 113 (Adj. Sess.), § 68.)
18 V.S.A. § 1918
2021 Vermont Statutes|Title 18 - Health|Chapter 43A - Patient Safety Surveillance and Improvement System|§ 1918. Enforcement

§ 1918. Enforcement|(a) If the Commissioner determines that a hospital has failed to comply with any of the provisions of this chapter, the Commissioner may sanction the hospital as provided in this title. In evaluating compliance, the Commissioner shall place primary emphasis on assuring good faith compliance and effective corrective action by the facility, reserving punitive enforcement or disciplinary action for those cases in which the facility has displayed recklessness, gross negligence, or willful misconduct or in which there is evidence, based on other similar cases known to the Department, the Agency of Human Services, or the Office of the Attorney General, of a pattern of significant substandard performance that has the potential for or has actually resulted in harm to patients.(b) After notice and an opportunity for hearing, the Commissioner may impose on a hospital that knowingly violates a provision of this chapter or a rule or order adopted pursuant to this chapter a civil administrative penalty of not more than $10,000.00 or, in the case of a continuing violation, a civil administrative penalty of not more than $100,000.00 or one-tenth of one percent of the gross annual revenues of the health care facility, whichever is greater. A hospital aggrieved by a decision of the Commissioner under this section may appeal the Commissioner's decision pursuant to section 128 of this title. (Added 2005, No. 215 (Adj. Sess.), § 324.)
18 V.S.A. § 1919
2021 Vermont Statutes|Title 18 - Health|Chapter 43A - Patient Safety Surveillance and Improvement System|§ 1919. Inclusion of data in hospital community reports

§ 1919. Inclusion of data in hospital community reports|The Commissioner shall consult with the Commissioner of Financial Regulation and with patient safety experts, hospitals, health care professionals, and members of the public and shall make recommendations to the Commissioner of Financial Regulation concerning which data should be included in the hospital community reports required by section 9405b of this title. Beginning in 2013, the community reports shall include at a minimum data from all Vermont hospitals of reportable adverse events aggregated in a manner that protects the privacy of the patients involved and does not identify the individual hospitals in which an event occurred together with analysis and explanatory comments about the information contained in the report to facilitate the public's understanding of the data. The Commissioner shall make such recommendations no more than 18 months after data collection is initiated. (Added 2005, No. 215 (Adj. Sess.), § 324; amended 2011, No. 171 (Adj. Sess.), § 24f, eff. Feb. 1, 2013.)
18 V.S.A. § 2051
2021 Vermont Statutes|Title 18 - Health|Chapter 46 - Nursing Home Administrators|§ 2051. Definitions

§ 2051. Definitions|For the purposes of this chapter, unless the context otherwise clearly requires:  (1) "Director" means the Director of the Office of Professional Regulation. (2) "Nursing home" means any institution or facility, whether proprietary or nonproprietary, defined as a nursing home for licensing purposes pursuant to 33 V.S.A. § 7102(7), or the equivalent facility or facilities as defined by the Secretary of the U.S. Department of Health and Human Services. (3) "Nursing home administrator" means a person who is duly licensed by the Director and who is charged with the general administration of a nursing home whether or not the individual has an ownership interest in the home and whether or not his or her functions and duties are shared with one or more other individuals. (4) [Repealed.]  (Added 1969, No. 248 (Adj. Sess.), § 2, eff. April 1, 1970; amended 2005, No. 27, § 9; 2007, No. 29, § 3.)
18 V.S.A. § 2052
2021 Vermont Statutes|Title 18 - Health|Chapter 46 - Nursing Home Administrators|§ 2052. Advisor appointees

§ 2052. Advisor appointees|(a) The Secretary of State shall appoint two advisors as set forth in 3 V.S.A. § 129b. One of the initial appointments may be for less than a five-year term. One of the appointees shall have not less than three years' experience as a nursing home administrator immediately preceding appointment and shall be actively engaged in nursing home administration in Vermont during incumbency. The other appointee shall have not less than three years' experience as a licensed health care provider engaged in the care of the chronically ill.(b) The Director shall seek the advice of the advisors in carrying out the provisions of this chapter. Advisor appointees shall be entitled to compensation and necessary expenses in the amount provided in 32 V.S.A. § 1010 for attendance at any meeting called by the Director for this purpose. (Added 1969, No. 248 (Adj. Sess.), § 2, eff. April 1, 1970; amended 1973, No. 72, §§ 1, 2, eff. July 1, 1973; 1989, No. 251 (Adj. Sess.), § 2; 1997, No. 40, § 14; 1999, No. 133 (Adj. Sess.), § 34; 2005, No. 27, § 10; 2007, No. 29, § 3.)
18 V.S.A. § 2053
2021 Vermont Statutes|Title 18 - Health|Chapter 46 - Nursing Home Administrators|§ 2053. Director; duties; powers

§ 2053. Director; duties; powers|(a) The Director shall:  (1) set requirements for licensure; (2) provide general information to applicants; (3) explain complaint and appeal procedures to licensees, applicants, and the public; (4) receive applications for licensure; license applicants under this chapter; renew licenses; and revoke, reinstate, or condition licenses as ordered by an administrative law officer.   (b) The Director may:  (1) adopt rules concerning continuing education requirements; (2) adopt rules necessary to perform his or her duties under this chapter; (3) adopt rules of professional conduct. (Added 1969, No. 248 (Adj. Sess.), § 2, eff. April 1, 1970; amended 2005, No. 27, § 11; 2007, No. 29, § 3.)
18 V.S.A. § 2054
2021 Vermont Statutes|Title 18 - Health|Chapter 46 - Nursing Home Administrators|§ 2054. Exclusive jurisdiction of the Director

§ 2054. Exclusive jurisdiction of the Director|The Director, with the advice of the advisors appointed under this chapter, shall have exclusive authority to determine the qualifications, skill, and fitness of any person to serve as an administrator of a nursing home under the provisions of this chapter, and a licensee under the provisions of this chapter shall be qualified to serve as the administrator of a nursing home. (Added 1969, No. 248 (Adj. Sess.), § 2, eff. April 1, 1970; amended 2007, No. 29, § 3.)
18 V.S.A. § 2055
2021 Vermont Statutes|Title 18 - Health|Chapter 46 - Nursing Home Administrators|§ 2055. General requirements for licensure

§ 2055. General requirements for licensure|A person may not practice nursing home administration in this State unless:  (1) the applicant has made written application for license to the Director, accompanied by satisfactory proof that he or she is at least 18 years of age and is not in violation of the rules regarding this profession or Vermont law; (2) in the judgment of the Director, the applicant has satisfactorily completed a course of instruction or training and met the requirements adopted by rule; or (3) the applicant has passed an examination administered by the Director or his or her designee which is designed to test for proficiency and competence and an examination covering Vermont statutes and rules relating to nursing home administration. (Added 1969, No. 248 (Adj. Sess.), § 2, eff. April 1, 1970; amended 2005, No. 27, § 12; 2007, No. 29, § 3.)
18 V.S.A. § 2057
2021 Vermont Statutes|Title 18 - Health|Chapter 46 - Nursing Home Administrators|§ 2057. Licensing

§ 2057. Licensing|(a) The Director shall license nursing home administrators in accordance with rules adopted, and from time to time revised. A nursing home administrator's license may not be transferred and shall be valid until surrendered for cancellation or suspended or revoked for violation of this chapter or any other laws or regulations relating to the proper administration and management of a nursing home. Denial of issuance or renewal, suspension, or revocation under any section of this chapter shall be appealable in the manner provided in 3 V.S.A. § 130a.(b) Every holder of a nursing home administrator's license shall renew it biennially, by making application to the Director. Renewals of licenses shall be granted as a matter of course, unless an administrative law officer finds, after due notice and hearing, that the applicant has acted or failed to act in such manner, or under circumstances, as would constitute grounds for suspension or revocation of a license. The Director may by rule require that a license holder complete not more than 40 hours of approved instruction every two years as a condition of renewal. (Added 1969, No. 248 (Adj. Sess.), § 2, eff. April 1, 1970; amended 1971, No. 185 (Adj. Sess.), § 186, eff. March 29, 1972; 1993, No. 108 (Adj. Sess.), § 16; 2007, No. 29, § 3.)
18 V.S.A. § 2058
2021 Vermont Statutes|Title 18 - Health|Chapter 46 - Nursing Home Administrators|§ 2058. License fees

§ 2058. License fees|Applicants and persons regulated under this chapter shall be subject to the following fees:   (1) Application                                                            $100.00  (2) Biennial renewal                                                   $200.00      (Added 1969, No. 248 (Adj. Sess.), § 2, eff. April 1, 1970; amended 1975, No. 118, § 91, eff. July 1, 1975; 1989, No. 250 (Adj. Sess.), § 86; 1991, No. 167 (Adj. Sess.), § 58; 1997, No. 59, § 46, eff. June 30, 1997; 1999, No. 49, § 168; 2001, No. 143 (Adj. Sess.), § 18, eff. June 21, 2002; 2011, No. 33, § 1.)
18 V.S.A. § 2059
2021 Vermont Statutes|Title 18 - Health|Chapter 46 - Nursing Home Administrators|§ 2059. Licensure by endorsement

§ 2059. Licensure by endorsement|The Director may issue a nursing home administrator's license, without examination for proficiency and competence, to any person who holds a current license as a nursing home administrator from another jurisdiction, provided that the Director finds that the standards for licensing in the other jurisdiction are substantially equivalent to those in this State. (Added 1969, No. 248 (Adj. Sess.), § 2, eff. April 1, 1970; amended 2005, No. 27, § 13; 2007, No. 29, § 3.)
18 V.S.A. § 2060
2021 Vermont Statutes|Title 18 - Health|Chapter 46 - Nursing Home Administrators|§ 2060. Violations and penalties

§ 2060. Violations and penalties|A person who practices, or offers to practice, nursing home administration in this State, without being licensed in accordance with this chapter; or any person presenting or attempting to use as his or her own the license of another; or a person who gives any false or forged evidence of any kind in attempting to obtain a license; or a person who falsely impersonates another licensee; or a person who attempts to use an expired or revoked license or any person who violates any of the provisions of this chapter shall be subject to the penalties provided in 3 V.S.A. § 127(c). (Added 1969, No. 248 (Adj. Sess.), § 2, eff. April 1, 1970; amended 2007, No. 29, § 3.)
18 V.S.A. § 2061
2021 Vermont Statutes|Title 18 - Health|Chapter 46 - Nursing Home Administrators|§ 2061. Provisional license

§ 2061. Provisional license|In the event of the inability of the regular licensed administrator of a nursing home to perform his or her duties or if, through death or other causes, a nursing home is without a licensed administrator, a provisional administrator may, in the discretion of the Director, be issued a provisional license to administer that home for a period not to exceed 90 days from the date on which the regular licensed administrator first ceased to perform his or her duties. The Director shall not renew such a provisional license, nor shall the Director issue a provisional license to any other person to administer a home which has been administered for the preceding 90 days by a provisional administrator. (Added 1973, No. 72, § 4, eff. July 1, 1973; amended 2005, No. 27, § 14; 2007, No. 29, § 3.)
18 V.S.A. § 2141
2021 Vermont Statutes|Title 18 - Health|Chapter 49 - Ambulatory Surgical Centers|§ 2141. Definitions

§ 2141. Definitions|As used in this chapter:  (1) "Ambulatory surgical center" means any distinct entity that operates primarily for the purpose of providing surgical services to patients not requiring hospitalization and for which the expected duration of services would not exceed 24 hours following an admission. The term does not include:  (A) a facility that is licensed as part of a hospital; or (B) a facility that is used exclusively as an office or clinic for the private practice of one or more licensed health care professionals, unless one or more of the following descriptions apply:  (i) the facility holds itself out to the public or to other health care providers as an ambulatory surgical center, surgical center, surgery center, surgicenter, or similar facility using a similar name or a variation thereof; (ii) procedures are carried out at the facility using general anesthesia, except as used in oral or maxillofacial surgery or as used by a dentist with a general anesthesia endorsement from the Board of Dental Examiners; or (iii) patients are charged a fee for the use of the facility in addition to the fee for the professional services of one or more of the health care professionals practicing at that facility.   (2) "Health care professional" means:  (A) a physician licensed pursuant to 26 V.S.A. chapter 23 or 33; (B) an advanced practice registered nurse licensed pursuant to 26 V.S.A. chapter 28; (C) a physician assistant licensed pursuant to 26 V.S.A. chapter 31; (D) a podiatrist licensed pursuant to 26 V.S.A. chapter 7; or (E) a dentist licensed pursuant to 26 V.S.A. chapter 12.  (3) "Patient" means a person admitted to or receiving health care services from an ambulatory surgical center. (Added 2019, No. 55, § 1, eff. Jan. 1, 2020.)
18 V.S.A. § 2151
2021 Vermont Statutes|Title 18 - Health|Chapter 49 - Ambulatory Surgical Centers|§ 2151. License

§ 2151. License|No person shall establish, maintain, or operate an ambulatory surgical center in this State without first obtaining a license for the ambulatory surgical center in accordance with this subchapter. (Added 2019, No. 55, § 1, eff. Jan. 1, 2020.)
18 V.S.A. § 2152
2021 Vermont Statutes|Title 18 - Health|Chapter 49 - Ambulatory Surgical Centers|§ 2152. Application; fee

§ 2152. Application; fee|(a) An application for licensure of an ambulatory surgical center shall be made to the Department of Health on forms provided by the Department and shall include all information required by the Department. Each application for a license shall be accompanied by a license fee.(b) The annual licensing fee for an ambulatory surgical center shall be $600.00.(c) Fees collected under this section shall be credited to the Hospital Licensing Fees Special Fund and shall be available to the Department of Health to offset the costs of licensing ambulatory surgical centers. (Added 2019, No. 55, § 1, eff. Jan. 1, 2020.)
18 V.S.A. § 2153
2021 Vermont Statutes|Title 18 - Health|Chapter 49 - Ambulatory Surgical Centers|§ 2153. License requirements

§ 2153. License requirements|(a) Upon receipt of an application for a license and the licensing fee, the Department of Health shall issue a license if it determines that the applicant and the ambulatory surgical center facilities meet the following minimum standards:  (1) The applicant shall demonstrate the capacity to operate an ambulatory surgical center in accordance with rules adopted by the Department. (2) The applicant shall demonstrate that its facilities comply fully with standards for health, safety, and sanitation as required by State law, including standards set forth by the State Fire Marshal and the Department of Health, and municipal ordinance. (3) The applicant shall have a clear process for responding to patient complaints. (4) The applicant shall participate in the Patient Safety Surveillance and Improvement System established pursuant to chapter 43A of this title. (5) The applicant shall maintain certification from the Centers for Medicare and Medicaid Services and shall accept Medicare and Medicaid patients for ambulatory surgical center facility services. (6) The ambulatory surgical center facilities, including the buildings and grounds, shall be subject to inspection by the Department, its designees, and other authorized entities at all times.   (b) A license is not transferable or assignable and shall be issued only for the premises and persons named in the application. (Added 2019, No. 55, § 1, eff. Jan. 1, 2020.)
18 V.S.A. § 2154
2021 Vermont Statutes|Title 18 - Health|Chapter 49 - Ambulatory Surgical Centers|§ 2154. Revocation of license; hearing

§ 2154. Revocation of license; hearing|The Department of Health, 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, shall set forth the reasons for the proposed action, and shall set a date not less than 60 days from the date of the mailing or service on which the applicant or licensee shall be given opportunity for a hearing. After the hearing, or upon default of the applicant or licensee, the Department shall file its findings of fact and conclusions of law. A copy of the findings and decision shall be sent by registered mail or served personally upon the applicant or licensee. The procedure governing hearings authorized by this section shall be in accordance with the usual and customary rules provided for such hearings. (Added 2019, No. 55, § 1, eff. Jan. 1, 2020.)
18 V.S.A. § 2155
2021 Vermont Statutes|Title 18 - Health|Chapter 49 - Ambulatory Surgical Centers|§ 2155. Appeal

§ 2155. Appeal|Any applicant or licensee, or the State acting through the Attorney General, aggrieved by the decision of the Department of Health after a hearing may, within 30 days after entry of the decision as provided in section 2154 of this title, appeal to the Superior Court for the district in which the appellant is located. The court may affirm, modify, or reverse the Department's decision, and either the applicant or licensee or the Department or State may appeal to the Vermont Supreme Court for such further review as is provided by law. Pending final disposition of the matter, the status quo of the applicant or licensee shall be preserved, except as the court otherwise orders in the public interest. (Added 2019, No. 55, § 1, eff. Jan. 1, 2020.)
18 V.S.A. § 2156
2021 Vermont Statutes|Title 18 - Health|Chapter 49 - Ambulatory Surgical Centers|§ 2156. Inspections

§ 2156. Inspections|The Department of Health shall make or cause to be made such inspections and investigations as it deems necessary. If the Department finds a violation as the result of an inspection or investigation, the Department shall post a report on the Department's website summarizing the violation and any corrective action required. (Added 2019, No. 55, § 1, eff. Jan. 1, 2020.)
18 V.S.A. § 2157
2021 Vermont Statutes|Title 18 - Health|Chapter 49 - Ambulatory Surgical Centers|§ 2157. Records

§ 2157. Records|(a) Information received by the Department of Health through filed reports, inspections, or as otherwise authorized by law shall:  (1) not be disclosed publicly in a manner that identifies or may lead to the identification of one or more individuals or ambulatory surgical centers; (2) be exempt from public inspection and copying under the Public Records Act; and (3) be kept confidential except as it relates to a proceeding regarding licensure of an ambulatory surgical center.   (b) The provisions of subsection (a) of this section shall not apply to the summary reports of violations required to be posted on the Department's website pursuant to section 2156 of this chapter. (Added 2019, No. 55, § 1, eff. Jan. 1, 2020.)
18 V.S.A. § 2158
2021 Vermont Statutes|Title 18 - Health|Chapter 49 - Ambulatory Surgical Centers|§ 2158. Nonapplicability

§ 2158. Nonapplicability|The provisions of chapter 42 of this title, Bill of Rights for Hospital Patients, do not apply to ambulatory surgical centers. (Added 2019, No. 55, § 1, eff. Jan. 1, 2020.)
18 V.S.A. § 2159
2021 Vermont Statutes|Title 18 - Health|Chapter 49 - Ambulatory Surgical Centers|§ 2159. Rules

§ 2159. Rules|The Department of Health shall adopt rules pursuant to 3 V.S.A. chapter 25 as needed to carry out the purposes of this chapter. The rules shall include requirements regarding:  (1) the ambulatory surgical center's maintenance of a transport agreement with at least one emergency medical services provider for emergency patient transportation; (2) the ambulatory surgical center's maintenance of a publicly accessible policy for providing charity care to eligible patients; and (3) the ambulatory surgical center's participation in quality reporting programs offered by the Centers for Medicare and Medicaid Services. (Added 2019, No. 55, § 1, eff. Jan. 1, 2020.)
18 V.S.A. § 2201
2021 Vermont Statutes|Title 18 - Health|Chapter 50 - Home Health Services|§ 2201. Furnishing supervision to home health agencies; contracts

§ 2201. Furnishing supervision to home health agencies; contracts|The Department may furnish supervision to any public agency or private organization engaged in providing skilled nursing services and other therapeutic services, or to any subdivision of such an agency or organization, for the purpose of enabling the agency or organization to qualify as a "home health agency" under Title I of Pub. L. No. 89-97, the Health Insurance for the Aged Act, at the request of the agency or organization. The Department may enter into agreements with any person, firm, corporation, association, agency, or organization, public or private, for the purpose of furnishing or coordinating supervisory services for a home health agency under this section, and may collect fees for the services rendered under the terms of such agreements. "Supervision" or "supervisory services" as used in this section, shall mean supervision by a physician or a registered professional nurse as required for a home health agency under the Health Insurance for the Aged Act. (Added 1969, No. 217 (Adj. Sess.), eff. March 27, 1970.)