reglab/housing_qa huggingface dataset:
26 V.S.A. § 1275
2021 Vermont Statutes|Title 26 - Professions and Occupations|Chapter 21 - Funeral Services|§ 1275. Duties of escrow agents

§ 1275. Duties of escrow agents|(a) An escrow agent appointed in accordance with the provisions of this subchapter shall maintain funds in an escrow account intact, unless commingled in a single account with other such funds, or until the services contracted for are performed, and the merchandise delivered, the buyer defaults, or the contract and assets are transferred under section 1274 of this title. When the funeral director submits a death certificate and acknowledgment that the contract has been performed, the escrow agent shall pay to the funeral director the amount deposited and all income earned thereon and retained in the account. The certificate and affidavit shall be sufficient to authorize the escrow agent, acting alone, to make such payment without liability to any other person.(b) If, for any reason, the funeral director fails promptly to meet his or her obligation under the contract upon the death of the beneficiary, the next of kin or personal representative of the deceased person, having provided for such services, may receive from the escrow agent the amount of money in the escrow account. An affidavit that states that services have been performed or property delivered, signed by the next of kin or personal representative and the funeral director who has provided such services, shall be sufficient to authorize the escrow agent, acting alone, to make such payment without liability to any other person. Nothing contained in this section shall excuse nonperformance by a funeral director. (Added 1991, No. 219 (Adj. Sess.), § 5, eff. Jan. 1, 1993.)
26 V.S.A. § 1276
2021 Vermont Statutes|Title 26 - Professions and Occupations|Chapter 21 - Funeral Services|§ 1276. Embalming fluids and compounds; sale or use; prohibition

§ 1276. Embalming fluids and compounds; sale or use; prohibition|The sale or use for embalming purposes of any fluid containing arsenic, zinc, mercury, copper, lead, silver, antimony, chloral, or cyanogen, or of any compound containing any of these, or any poisonous alkaloid, shall be prohibited, and all brands of embalming compounds used within the State shall be tested and approved under direction of the State Board of Health. (Added 2009, No. 35, § 24.)
26 V.S.A. § 1277
2021 Vermont Statutes|Title 26 - Professions and Occupations|Chapter 21 - Funeral Services|§ 1277. Suspicious cases

§ 1277. Suspicious cases|A person shall not embalm or introduce any fluid into a body of a person who has died under suspicious circumstances or when a criminal cause of death is suspected until after a legal investigation has determined the facts. An embalmer shall forthwith report any such case to the office of the Chief Medical Examiner and obtain permission to embalm the body. (Added 2009, No. 35, § 25.)
26 V.S.A. § 1311
2021 Vermont Statutes|Title 26 - Professions and Occupations|Chapter 23 - Medicine|§ 1311. Definitions

§ 1311. Definitions|As used in this chapter:  (1) "Practice of medicine" means:  (A) using the designation "Doctor," "Doctor of Medicine," "Physician," "Dr.," "M.D.," or any combination thereof in the conduct of any occupation or profession pertaining to the prevention, diagnosis, or treatment of human disease or condition unless the designation additionally contains the description of another branch of the healing arts for which one holds a valid license in Vermont; (B) advertising, holding out to the public, or representing in any manner that one is authorized to practice medicine in the jurisdiction; (C) offering or undertaking to prescribe, order, give, or administer any drug or medicine for the use of any other person; (D) offering or undertaking to prevent, diagnose, correct, or treat in any manner or by any means, methods, or devices any disease, illness, pain, wound, fracture, infirmity, defect, or abnormal physical or mental condition of any person, including the management of all aspects of pregnancy, labor and delivery, and postpartum care; (E) offering or undertaking to perform any surgical operation upon any person; (F) rendering a written or otherwise documented medical opinion concerning the diagnosis or treatment of a patient or the actual rendering of treatment to a patient within the State by a physician located outside the State as a result of the transmission of individual patient data by electronic or other means from within the State to the physician or his or her agent; or (G) rendering a determination of medical necessity or a decision affecting the diagnosis or treatment of a patient.  (2) "Board" means the Board of Medical Practice established under section 1351 of this title. (3) "License" means license to practice medicine and surgery in the State as defined in subchapter 3 of this chapter. "Licensee" includes any individual licensed or certified by the Board. (4) "Medical director" means, for purposes of this chapter, a physician who is Board-certified or Board-eligible in his or her field of specialty, as determined by the American Board of Medical Specialties (ABMS), and who is charged by a health maintenance organization with responsibility for overseeing all clinical activities of the plan in this State, or his or her designee. (5) "Health maintenance organization," as used in this section, has the same meaning as in 18 V.S.A. § 9402(9). (6) "Members" means members of the Board. (7) "Secretary" means the secretary of the Board. (Amended 1975, No. 249 (Adj. Sess.), § 1; 1999, No. 133 (Adj. Sess.), § 49; 2001, No. 129 (Adj. Sess.), § 20, eff. June 13, 2002; 2003, No. 34, § 4, eff. May 23, 2003; 2009, No. 25, § 10; 2011, No. 61, § 2, eff. June 2, 2011; 2015, No. 97 (Adj. Sess.), § 60; 2019, No. 126 (Adj. Sess.), § 1.)
26 V.S.A. § 1312
2021 Vermont Statutes|Title 26 - Professions and Occupations|Chapter 23 - Medicine|§ 1312. Faith cure; mind healing; laying on of hands

§ 1312. Faith cure; mind healing; laying on of hands|The provisions of this chapter shall apply to persons professing and attempting to cure disease by means of "faith cure," "mind healing," or "laying on of hands," but shall not apply to persons who merely practice the religious tenets of their church without pretending a knowledge of medicine or surgery.
26 V.S.A. § 1313
2021 Vermont Statutes|Title 26 - Professions and Occupations|Chapter 23 - Medicine|§ 1313. Exemptions

§ 1313. Exemptions|(a) The provisions of this chapter shall not apply to the following:  (1) A health care professional licensed or certified by the Office of Professional Regulation when that person is practicing within the scope of his or her profession. (2) A member of the U.S. Armed Forces or National Guard carrying out official military duties, including a National Guard member in state active duty status, or to any person giving aid, assistance, or relief in emergency or accident cases, pending the arrival of a regularly licensed physician. (3) A nonresident physician coming into this State to consult or using telecommunications to consult with a duly licensed practitioner herein. (4) A duly licensed physician in another state, in Canada, or in another nation as approved by the Board, who is visiting a medical school or a teaching hospital in this State to receive or conduct medical instruction for a period not to exceed three months, provided the practice is limited to that instruction and is under the supervision of a physician licensed by the Board. (5) A physician who is duly licensed and in good standing in another state, territory, or jurisdiction of the United States or in Canada if the physician is employed as or formally designated as the team physician by an athletic team visiting Vermont for a specific sporting event and the physician limits the practice of medicine in this State to medical treatment of the members, coaches, and staff of the sports team employing or designating the physician. (6) A student who is enrolled in an accredited educational program that leads to the issuance of a degree that would satisfy the educational requirement for a profession licensed or certified by the Board, who is engaged in an organized clinical training program, and who engages in acts constituting the practice of medicine while under the supervision of a Vermont-licensed or Vermont-certified health care professional who is qualified to supervise any acts by the student that constitute the practice of medicine. This exemption does not apply to postgraduate trainees who are required to obtain a training license.   (b) The provisions of sections 1311 and 1312 of this title shall not apply to a person, firm, or corporation that manufactures or sells patent, compound, or proprietary medicines that are compounded according to the prescription of a physician who has been duly authorized to practice medicine, or to the domestic administration of family remedies. (Amended 1971, No. 221 (Adj. Sess.), § 2; 1995, No. 171 (Adj. Sess.), § 2; 2003, No. 34, § 14, eff. May 23, 2003; 2011, No. 61, § 2, eff. June 2, 2011; 2015, No. 94 (Adj. Sess.), § 2, eff. May 10, 2016; 2019, No. 126 (Adj. Sess.), § 1.)
26 V.S.A. § 1314
2021 Vermont Statutes|Title 26 - Professions and Occupations|Chapter 23 - Medicine|§ 1314. Illegal practice

§ 1314. Illegal practice|(a) A person who, not being licensed, advertises or holds himself or herself out to the public as described in section 1311 of this title, or who, not being licensed, practices medicine as defined in section 1311 of this title, or who practices medicine under a fictitious or assumed name, or who impersonates another practitioner or who is not a licensed health care professional as defined in 18 V.S.A. § 5202 and signs a certificate of death for the purpose of burial or removal, shall be imprisoned not more than two years or fined not more than $10,000.00, or both.(b) An action shall not be maintained by such person for the recovery of compensation for such services. (Amended 2011, No. 61, § 2, eff. June 2, 2011.)
26 V.S.A. § 1364
2021 Vermont Statutes|Title 26 - Professions and Occupations|Chapter 23 - Medicine|§ 1364. References to the State Board of Medical Registration

§ 1364. References to the State Board of Medical Registration|The State Board of Medical Registration is abolished. All references in the Vermont Statutes Annotated to the State Board of Medical Registration shall be deemed from and after July 1, 1976, to refer to the State Board of Medical Practice. (Added 1975, No. 249 (Adj. Sess.), § 2.)
26 V.S.A. § 1365
2021 Vermont Statutes|Title 26 - Professions and Occupations|Chapter 23 - Medicine|§ 1365. Notice of conviction of crime; interim suspension of license

§ 1365. Notice of conviction of crime; interim suspension of license|(a) The Board shall treat a notice of conviction of a crime for which a licensee may be disciplined under section 1354 of this title as an unprofessional conduct complaint. A certified copy of the judgment of conviction shall be conclusive evidence of the fact that the conviction occurred.(b) Upon receipt of the certified copy of the judgment of conviction of a crime for which a licensee may be disciplined for unprofessional conduct, the Board may immediately suspend that person's license until the time for appeal has elapsed and no appeal has been taken, or until the judgment of conviction has been affirmed on appeal or has otherwise become final, and until further order of the Board. The Board shall notify the licensee whose license has been suspended under this section and advise the licensee of his or her right to request a hearing, within 90 days. At such hearing, the licensee shall have the burden of showing why the suspension should not remain in effect pending appeal.(c) The disciplinary hearing shall not be commenced until all appeals from the conviction are concluded unless the licensee requests that the matter not be deferred. The sole issue to be determined at such hearing shall be the nature of the disciplinary action to be taken by the Board.(d) An interim suspension ordered under subsection (b) of this section shall automatically terminate if the licensee demonstrates that the conviction that served as the basis of the interim suspension has been reversed or vacated. However, a reversal or vacated conviction shall not prohibit the Board from pursuing disciplinary action based on any cause other than the overturned conviction. (Added 1995, No. 188 (Adj. Sess.), § 11; amended 2011, No. 61, § 2, eff. June 2, 2011; 2019, No. 126 (Adj. Sess.), § 1.)
26 V.S.A. § 1366
2021 Vermont Statutes|Title 26 - Professions and Occupations|Chapter 23 - Medicine|§ 1366. Out-of-state discipline; interim suspension of license

§ 1366. Out-of-state discipline; interim suspension of license|(a) The Board shall treat a certified copy of an order revoking or suspending the license of a person licensed to practice medicine or surgery in another jurisdiction on grounds for which a licensee may be disciplined under subdivision 1354(a)(23) of this title as an unprofessional conduct complaint. A certified copy of the order of revocation or suspension shall be conclusive evidence of the fact that the revocation or suspension occurred.(b) The Board shall treat as an unprofessional conduct complaint any notice of a statement of a licensing entity in another jurisdiction that verifies that a person licensed to practice medicine or surgery in that jurisdiction failed to renew, surrendered, or otherwise terminated his or her license during, or prior to initiation of, proceedings to revoke or suspend his or her license. A certified copy of the statement shall be conclusive evidence of the fact that such termination occurred.(c) Upon receipt of the certified copy of an order or statement referred to in subsection (a) or (b) of this section, the Board shall follow the procedures for interim suspension set forth in subsection 1365(b) of this chapter.(d) The sole issue to be determined at the disciplinary hearing on a complaint filed under subsection (a) of this section shall be the nature of the disciplinary action to be taken by the Board. (Added 1995, No. 188 (Adj. Sess.), § 12; 2019, No. 126 (Adj. Sess.), § 1.)
26 V.S.A. § 1367
2021 Vermont Statutes|Title 26 - Professions and Occupations|Chapter 23 - Medicine|§ 1367. Appeals from Board orders

§ 1367. Appeals from Board orders|A party aggrieved by a final order of the Board may, within 30 days of the order, appeal that order to the Vermont Supreme Court on the basis of the record created before the Board. (Added 2001, No. 132 (Adj. Sess.), § 10, eff. June 13, 2002.)
26 V.S.A. § 1370
2021 Vermont Statutes|Title 26 - Professions and Occupations|Chapter 23 - Medicine|§ 1370. Complaints; investigative committee

§ 1370. Complaints; investigative committee|(a)(1) Any individual, organization, or public officer may submit a written complaint to the Board alleging that any individual practicing medicine in the State committed unprofessional conduct or that an individual practiced without being licensed in violation of section 1314 of this chapter. The complaint shall specify the grounds on which the allegations of unprofessional conduct are based.  (2) A person or organization shall not be liable in a civil action for damages resulting from the good faith reporting of information to the Board about alleged incompetent, unprofessional, or unlawful conduct of a licensee.   (b)(1) The Board shall initiate an investigation of the individual complained against whenever a complaint is received. The Board may also act on its own initiative without having received a complaint.  (2) The Executive Director shall designate three or more members, including at least one public member, to serve as an investigative committee to investigate and report to the Board its findings regarding the complaint and whether an evidentiary hearing is warranted. If there is an insufficient number of members to investigate a complaint by reason of disqualification, resignation, vacancy, or necessary absence, the Commissioner of Health may, at the request of the Board, appoint ad hoc members to serve on the investigative committee for that matter only. (3) If the investigative committee determines that an evidentiary hearing is warranted, the Executive Director shall prepare a specification of the charge or charges of unprofessional conduct made against the individual licensed by the Board, a copy of which shall be served upon the subject of the charge or charges, together with the notice of hearing set forth in subsection 1372(b) of this chapter. (Added 2019, No. 126 (Adj. Sess.), § 1.)
26 V.S.A. § 1371
2021 Vermont Statutes|Title 26 - Professions and Occupations|Chapter 23 - Medicine|§ 1371. Access to documents; discovery

§ 1371. Access to documents; discovery|(a)(1) A licensee who is notified that a specification of one or more charges of unprofessional conduct have been made against the individual in accordance with subdivision 1370(b)(3) of this chapter shall be entitled to inspect and copy all information in the possession of the Department of Health pertaining to the licensee, except:   (A) investigatory files that have not resulted in charges of unprofessional conduct; (B) materials that constitute attorney work product; and (C) any other document or information that the Board has an obligation to protect from disclosure.  (2) The Executive Director shall notify the licensee of the right to inspect and copy information as provided in subsection 1372(b) of this chapter.   (b) A licensee who is notified that a specification of one or more charges of unprofessional conduct have been made against the individual in accordance with subdivision 1370(b)(3) of this chapter shall be entitled to produce fact witnesses, expert witnesses, and evidence on the licensee's own behalf, to cross-examine witnesses testifying against the licensee, and to engage in other methods of discovery as set forth by order of the Board or its hearing officer.(c) A licensee who is notified that a specification of one or more charges of unprofessional conduct have been made against the individual in accordance with subdivision 1370(b)(3) of this chapter shall be entitled to request to depose witnesses by motion to the Board or its hearing officer. Any deposition so ordered shall be subject to:  (1) the provisions of section 1376 of this chapter, relating to confidentiality and the inadmissibility of certain evidence; (2) limitations or conditions necessary to protect witnesses who are minors or who are adults subject to a guardianship or conservatorship; and (3) such other reasonable limitations as the Board or its hearing officer may provide in the interests of justice and consistent with the provisions of 3 V.S.A. § 810, relating to rules of evidence and official notice in contested cases. (Added 2019, No. 126 (Adj. Sess.), § 1.)
26 V.S.A. § 1372
2021 Vermont Statutes|Title 26 - Professions and Occupations|Chapter 23 - Medicine|§ 1372. Hearing panel

§ 1372. Hearing panel|(a) Composition of hearing panel.  (1) The Executive Director may designate a hearing panel constituting less than a quorum of the Board to conduct hearings that would otherwise be heard by the full Board. A hearing panel shall consist of at least three members, including at least one physician member of the Board and at least one public member of the Board. No member of the hearing panel shall have been a member of the investigative committee that reviewed the matter at the investigative stage. A party may move to disqualify a member of a hearing panel due to a conflict of interest. (2) If there is an insufficient number of members to serve on a hearing panel by reason of disqualification, resignation, vacancy, or necessary absence, the Commissioner of Health may, at the request of the Board, appoint ad hoc members to serve on the hearing panel for that matter only.   (b) Time and notice of hearing.  (1) The Executive Director or a hearing officer shall set a time for the evidentiary hearing as soon as convenient following the determination by the investigative committee that an evidentiary hearing is warranted, subject to the discovery needs of the parties as established in any prehearing or discovery conference or in any orders regulating discovery and depositions, or both, but no earlier than 30 days after service of the charge upon the individual complained against. A party may file motions to extend the time of the hearing for good cause. (2) The Executive Director shall issue a notice of the evidentiary hearing on the charges, which notice shall specify the time and place of the hearing and shall notify the individual complained against that he or she may file with the Executive Director a written response within 20 days of the date of service. The notice shall also notify the individual complained against that a record of the proceeding will be kept, that he or she will have the right to inspect and copy information as set forth in section 1371 of this chapter, and that he or she will have the opportunity to appear personally and to have counsel present, with the right to produce witnesses and evidence on his or her own behalf, to cross-examine witnesses testifying against him or her, and to examine such documentary evidence as may be produced against him or her.   (c) Hearing panel report. Within 60 days after holding an evidentiary hearing under this section, unless the Board grants an extension, the hearing panel shall provide a written report of its findings of fact and its recommendations to the full Board, with a transcript of the evidence. (Added 2019, No. 126 (Adj. Sess.), § 1.)
26 V.S.A. § 1373
2021 Vermont Statutes|Title 26 - Professions and Occupations|Chapter 23 - Medicine|§ 1373. Hearing before the Board

§ 1373. Hearing before the Board|(a) If the Board deems it necessary, following receipt of the report of the hearing panel pursuant to section 1372 of this chapter and after further notice to the individual complained against, the Board may take additional evidence at a hearing before the Board, which shall be conducted according to the same process as provided for the hearing panel.(b)(1) Five members of the Board, including at least one physician member and at least one public member, shall constitute a quorum for purposes of this section.  (2) Members of the investigative committee designated pursuant to section 1370 of this chapter shall not sit with the Board when it conducts hearings under this section. (Added 2019, No. 126 (Adj. Sess.), § 1.)