reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 18 - Health › Chapter 209 - Interstate Compact on Mental Health › § 9004. Aftercare and supervision—Article IV

§ 9004. Aftercare and supervision—Article IV
(a) Whenever pursuant to the laws of the state in which a patient is physically present, it shall be determined that the patient should receive aftercare or supervision, such care or supervision may be provided in a receiving state. If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state shall have reason to believe that aftercare in another state would be in the best interest of the patient and would not jeopardize the public safety, they shall request the appropriate authorities in the receiving state to investigate the desirability of affording the patient such aftercare in said receiving state and such investigation shall be made with all reasonable speed. The request for investigation shall be accompanied by complete information concerning the patient’s intended place of residence and the identity of the person in whose charge it is proposed to place the patient, the complete medical history of the patient and such other documents as may be pertinent.
(b) If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state and the appropriate authorities in the receiving state find that the best interest of the patient would be served thereby, and if the public safety would not be jeopardized thereby, the patient may receive aftercare or supervision in the receiving state.
(c) In supervising, treating, or caring for a patient on aftercare pursuant to the terms of this article, a receiving state shall employ the same standards of visitation, examination, care and treatment that it employs for similar local patients. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
2023 Vermont Statutes › Title 18 - Health › Chapter 209 - Interstate Compact on Mental Health › § 9005. Escape of patients—Article V

§ 9005. Escape of patients—Article V
Whenever a dangerous or potentially dangerous patient escapes from an institution in any party state, that state shall promptly notify all appropriate authorities within and without the jurisdiction of the escape in a manner reasonably calculated to facilitate the speedy apprehension of the escapee. Immediately upon the apprehension and identification of any such dangerous or potentially dangerous patient, he or she shall be detained in the state where found pending disposition in accordance with law. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
2023 Vermont Statutes › Title 18 - Health › Chapter 209 - Interstate Compact on Mental Health › § 9006. Transportation—Article VI

§ 9006. Transportation—Article VI
The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the patient, shall be permitted to transport any patient being moved pursuant to this compact through any and all states party to this compact, without interference. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
2023 Vermont Statutes › Title 18 - Health › Chapter 209 - Interstate Compact on Mental Health › § 9007. Costs— Article VII

§ 9007. Costs— Article VII
(a) No person shall be deemed a patient of more than one institution at any given time. Completion of transfer of any patient to an institution in a receiving state shall have the effect of making the person a patient of the institution in the receiving state.
(b) The sending state shall pay all costs of and incidental to the transportation of any patient pursuant to this compact, but any two or more party states may, by making a specific agreement for that purpose, arrange for a different allocation of costs as among themselves.
(c) No provision of this compact shall be construed to alter or affect any internal relationships among the departments, agencies, and officers of and in the government of a party state or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor.
(d) Nothing in this compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency or other entity in regard to costs for which such party state or subdivision thereof may be responsible pursuant to any provision of this compact.
(e) Nothing in this compact shall be construed to invalidate any reciprocal agreement between a party state and a nonparty state relating to institutionalization, care or treatment of the mentally ill or developmentally disabled, or any statutory authority pursuant to which such agreements may be made. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1977, No. 257 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 48.)
2023 Vermont Statutes › Title 18 - Health › Chapter 209 - Interstate Compact on Mental Health › § 9008. Guardians—Article VIII

§ 9008. Guardians—Article VIII
(a) Nothing in this compact shall be construed to abridge, diminish, or in any way impair the rights, duties, and responsibilities of any patient’s guardian on his or her own behalf or in respect of any patient for whom he or she may serve, except that where the transfer of any patient to another jurisdiction makes advisable the appointment of a supplemental or substitute guardian, any court of competent jurisdiction in the receiving state may make such supplemental or substitute appointment and the court that appointed the previous guardian shall, upon being duly advised of the new appointment and upon the satisfactory completion of such accounting and other acts as such court may by law require, relieve the previous guardian of power and responsibility to whatever extent shall be appropriate in the circumstances; provided, however, that in the case of any patient having settlement in the sending state, the court of competent jurisdiction in the sending state shall have the sole discretion to relieve a guardian appointed by it or continue his or her power and responsibility, whichever it shall deem advisable. The court in the receiving state may, in its discretion, confirm or reappoint the person or persons previously serving as guardian in the sending state in lieu of making a supplemental or substitute appointment.
(b) The term “guardian” as used in paragraph (a) of this article shall include any guardian, trustee, legal committee, conservator, or other person or agency, however denominated, who is charged by law with power to act for or responsibility for the person or property of a patient. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
2023 Vermont Statutes › Title 18 - Health › Chapter 209 - Interstate Compact on Mental Health › § 9009. Criminal patients—Article IX

§ 9009. Criminal patients—Article IX
(a) No provision of this compact except Article V shall apply to any person institutionalized while under sentence in a penal or correctional institution or while subject to trial on a criminal charge, or whose institutionalization is due to the commission of an offense for which, in the absence of mental illness or developmental disability, the person would be subject to incarceration in a penal or correctional institution.
(b) To every extent possible, it shall be the policy of states party to this compact that no patient shall be placed or detained in any prison, jail, or lockup, but the patient shall, with all expedition, be taken to a suitable institutional facility for mental illness or developmental disability. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1977, No. 257 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 48.)
2023 Vermont Statutes › Title 18 - Health › Chapter 209 - Interstate Compact on Mental Health › § 9010. Compact administrator—Article X

§ 9010. Compact administrator—Article X
(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. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
2023 Vermont Statutes › Title 18 - Health › Chapter 209 - Interstate Compact on Mental Health › § 9011. Supplementary agreements—Article XI

§ 9011. Supplementary agreements—Article XI
The duly constituted administrative authorities of any two or more party states may enter into supplementary agreements for the provision of any service or facility or for the maintenance of any institution on a joint or cooperative basis whenever the states concerned shall find that such agreements will improve services, facilities, or institutional care and treatment in the fields of mental illness or developmental disability. No such supplementary agreement shall be construed so as to relieve any party state of any obligation that it otherwise would have under other provisions of this compact. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1977, No. 257 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 48.)
2023 Vermont Statutes › Title 18 - Health › Chapter 209 - Interstate Compact on Mental Health › § 9012. Adoption; effect—Article XII

§ 9012. Adoption; effect—Article XII
This compact shall enter into full force and effect as to any state when enacted by it into law and such state shall thereafter be a party thereto with any and all states legally joining therein. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
2023 Vermont Statutes › Title 18 - Health › Chapter 209 - Interstate Compact on Mental Health › § 9013. Withdrawal—Article XIII

§ 9013. Withdrawal—Article XIII
(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. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
2023 Vermont Statutes › Title 18 - Health › Chapter 209 - Interstate Compact on Mental Health › § 9014. Construction; separability of provisions—Article XIV

§ 9014. Construction; separability of provisions—Article XIV
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
2023 Vermont Statutes › Title 18 - Health › Chapter 209 - Interstate Compact on Mental Health › § 9051. Administrator

§ 9051. Administrator
The Commissioner of Mental Health is hereby designated the Compact Administrator. The Commissioner shall administer the compact set out as subchapter 1 of this chapter with the power and duties therein specified and shall have authority to incur, on behalf of the State, financial obligations necessary for the proper performance of his or her duties under the compact. If any supplementary agreement made under the compact requires or contemplates the use of any institution or facility of the State or other service of the State, the agreement shall not take effect until its relevant provisions are approved by the General Assembly. The Compact Administrator shall cooperate with other officers, departments, and agencies of the State which are affected by the Compact Administrator’s actions in the performance of his or her duties. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1989, No. 187 (Adj. Sess.), § 5; 1995, No. 174 (Adj. Sess.), § 3; 2005, No. 174 (Adj. Sess.), § 48; 2007, No. 15, § 17.)
2023 Vermont Statutes › Title 18 - Health › Chapter 209 - Interstate Compact on Mental Health › § 9052. Transfer of patients

§ 9052. Transfer of patients
The Compact Administrator shall consult with the immediate family of any person whom he or she proposes to transfer from a State institution to an institution in another state which is a party to this compact and shall take final action as to the transfer of such person only with the approval of the Superior Court of the unit of original commitment. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1977, No. 145 (Adj. Sess.), § 5; 2009, No. 154 (Adj. Sess.), § 153.)
2023 Vermont Statutes › Title 18 - Health › Chapter 211 - Uniform Act for Extradition of Persons of Unsound Mind › § 9101. Definitions

§ 9101. Definitions
The words “flight” and “fled” as used in this chapter shall be construed to mean any voluntary or involuntary departure from the jurisdiction of the court where the proceedings hereinafter mentioned may have been instituted and are still pending, with the effect of avoiding, impeding, or delaying the action of the court in which such proceedings may have been instituted or be pending, or any such departure from the state where the person demanded then was, if he or she then were under detention by law as a person of unsound mind and subject to detention. The word “state” wherever used in this chapter, shall include states, territories, districts, and insular and other possessions of the United States. As applied to a request to return any person within the purview of this chapter to or from the District of Columbia, the words “executive authority,” “governor,” and “chief magistrate” respectively shall include a judge of the U.S. District Court for the District of Columbia and other authority. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
2023 Vermont Statutes › Title 18 - Health › Chapter 211 - Uniform Act for Extradition of Persons of Unsound Mind › § 9102. Who may be extradited

§ 9102. Who may be extradited
A person alleged to be of unsound mind found in this State, who has fled from another state, shall, on demand of the executive authority of the state from which he or she fled, be delivered up to be removed thereto, if at the time of his or her flight:
(1) He or she was under detention by law in a hospital, asylum, or other institution for the insane as a person of unsound mind; or
(2) He or she had been theretofore determined by legal proceedings to be of unsound mind, the finding being unreversed and in full force and effect, and the control of his or her person having been acquired by a court of competent jurisdiction of the state from which he or she fled; or
(3) He or she was subject to detention in such state, being then his or her legal domicile (personal service of process having been made) based on legal proceedings there pending to have him or her declared of unsound mind. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
2023 Vermont Statutes › Title 18 - Health › Chapter 211 - Uniform Act for Extradition of Persons of Unsound Mind › § 9103. Duty of Governor

§ 9103. Duty of Governor
When the executive authority of any state demands of the Governor any fugitive within the purview of section 9102 of this title and produces a copy of the commitment, decree, or other judicial process and proceedings, certified as authentic by the Governor or chief magistrate of the state whence the person so charged has filed, with an affidavit made before a proper officer showing the person to be such a fugitive, the Governor shall cause him or her to be apprehended and secured, if found in this State, and to cause immediate notice of his or her apprehension to be given to the executive authority making such demand, or to the agent of such authority appointed to receive the fugitive, and to cause the fugitive to be delivered to such agent when he or she shall appear. If such agent does not appear within 30 days from the time of the apprehension, the fugitive may be discharged. All costs and expenses incurred in apprehending, security, maintaining, and transmitting such fugitive to the state making such demand, shall be paid by such state. An agent so appointed who receives the fugitive into his or her custody shall be empowered to transport him or her to the state from which he or she has fled. The Governor is hereby vested with the power, on the application of any person interested, to demand the return to this State of any fugitive within the purview of this chapter. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
2023 Vermont Statutes › Title 18 - Health › Chapter 211 - Uniform Act for Extradition of Persons of Unsound Mind › § 9104. Limitation on proceedings

§ 9104. Limitation on proceedings
Any proceedings under this chapter shall be begun within one year after the flight therein referred to. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
2023 Vermont Statutes › Title 18 - Health › Chapter 211 - Uniform Act for Extradition of Persons of Unsound Mind › § 9105. Uniformity of interpretation

§ 9105. Uniformity of interpretation
This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
2023 Vermont Statutes › Title 18 - Health › Chapter 215 - Guardianship Services for People With Developmental Disabilities › § 9301. Policy

§ 9301. Policy
It is the policy of the State of Vermont to ensure that citizens with developmental disabilities receive such protection and assistance as is necessary to allow them to live safely within the communities of this State. In furtherance of this policy, this chapter is enacted to permit the supervision of those individuals who are unable to provide for their own needs on account of developmental disabilities and to protect such persons from violations of their human and civil rights. It is the purpose of this chapter to limit the State’s guardianship of people with developmental disabilities who are living in the community to the extent necessary to ensure their safety and well-being. (Added 1977, No. 192 (Adj. Sess.), § 1; amended 2001, No. 43, § 1; 2023, No. 6, § 219, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 215 - Guardianship Services for People With Developmental Disabilities › § 9302. Definitions

§ 9302. Definitions
As used in this chapter:
(1) “Person with developmental disabilities” means:
(A) a person with a severe, chronic disability that must arise before the person reaches the age of 18, and results in:
(i) intellectual disability, autism, or pervasive developmental disorder; and
(ii) deficits in adaptive behavior at least two standard deviations below the mean for a normative comparative comparison group; or
(B) a person with a developmental disability who was receiving services on July 1, 1996.
(2) “Commissioner” means the Commissioner of Disabilities, Aging, and Independent Living.
(3) “Near relative” means a spouse, parent, step parent, brother, sister, or grandparent.
(4) “Interested person” means a responsible adult who has a direct interest in a person with developmental disabilities and includes the person with developmental disabilities, a near relative, guardian, public official, social worker, or clergy.
(5) “Person in need of guardianship” means a person who:
(A) has developmental disabilities within the meaning of this chapter;
(B) is unable to personally exercise some or all of the powers and responsibilities described in section 9310 of this title; and
(C) is not receiving the active assistance of a responsible adult to carry out the powers and responsibilities described in section 9310 of this title.
(6) “Guardianship” means the legal status of a person with developmental disabilities who is subject to the Commissioner’s exercise of some or all of the powers listed in section 9310 of this title.
(7) [Repealed.]
(8) “Qualified developmental disabilities professional” means a psychologist, physician, registered nurse, educator, or social worker with specialized training or at least one year of experience in working with people with developmental disabilities.
(9) “Respondent” means a person who is the subject of a petition filed pursuant to section 9305 of this title.
(10) “Department” means the Department of Disabilities, Aging, and Independent Living. (Added 1977, No. 192 (Adj. Sess.), § 1; amended 1989, No. 187 (Adj. Sess.), § 5; 1995, No. 174 (Adj. Sess.), § 3; 2001, No. 43, § 1; 2005, No. 174 (Adj. Sess.), § 49; 2013, No. 96 (Adj. Sess.), § 116.)
2023 Vermont Statutes › Title 18 - Health › Chapter 215 - Guardianship Services for People With Developmental Disabilities › § 9303. Jurisdiction and venue

§ 9303. Jurisdiction and venue
(a) The Family Division of the Superior Court shall have exclusive jurisdiction over all proceedings brought under the authority of this chapter. Proceedings under this chapter shall be commenced in the Family Division of the Superior Court for the unit in which the person with developmental disabilities is residing.
(b)(1) The Probate Division of the Superior Court shall have concurrent jurisdiction to appoint the Commissioner to serve as a temporary guardian for a person in need of guardianship when:
(A) a petition has been filed pursuant to 14 V.S.A. § 3063;
(B) the Probate Division of the Superior Court finds that the respondent is a person in need of guardianship as defined in subdivision 9302(5) of this title; and
(C) no suitable private guardian can be located.
(2) Within 60 days after appointment as a temporary guardian, the Commissioner shall file an application in the Family Division of the Superior Court for appointment under this chapter and for modification or termination of the Probate Division order. (Added 1977, No. 192 (Adj. Sess.), § 1; amended 2001, No. 43, § 1; 2009, No. 154 (Adj. Sess.), § 154; 2009, No. 154 (Adj. Sess.), § 154a, eff. Feb. 1, 2011.)
Section set out to correct an error in the historical citation.
2023 Vermont Statutes › Title 18 - Health › Chapter 215 - Guardianship Services for People With Developmental Disabilities › § 9304. Eligibility for guardianship of the person

§ 9304. Eligibility for guardianship of the person
Guardianship may be provided to any person with developmental disabilities who:
(1) is at least 18 years of age; and
(2) is in need of supervision and protection for the person’s own welfare or the public welfare. (Added 1977, No. 192 (Adj. Sess.), § 1; amended 2001, No. 43, § 1.)
2023 Vermont Statutes › Title 18 - Health › Chapter 215 - Guardianship Services for People With Developmental Disabilities › § 9305. Petition for guardianship

§ 9305. Petition for guardianship
Any interested person with knowledge of the facts alleged may request the State’s Attorney having jurisdiction to file a petition with the Family Division of the Superior Court alleging that person is developmentally disabled and in need of guardianship. The State’s Attorney shall file the petition unless it clearly appears that the petition will be insufficient to support an action under this chapter. The petition shall set forth:
(1) The name, address, and telephone number of the interested person who requested the filing of the petition, and the nature of his or her interest in the person alleged to have developmental disabilities;
(2) The name, address, telephone number, and age of the respondent and the name, address, and telephone number of any near relative of the respondent and the name of any guardian or person holding a power of attorney of the person;
(3) The reasons and the supporting facts why guardianship is needed;
(4) The petition shall be limited to information that is relevant to the respondent’s need for guardianship. (Added 1977, No. 192 (Adj. Sess.), § 1; amended 2001, No. 43, § 1; 2009, No. 154 (Adj. Sess.), § 238.)
2023 Vermont Statutes › Title 18 - Health › Chapter 215 - Guardianship Services for People With Developmental Disabilities › § 9306. Comprehensive evaluation

§ 9306. Comprehensive evaluation
(a) The Family Division of the Superior Court shall mail a copy of any petition filed pursuant to section 9305 of this title to the Commissioner, who shall promptly arrange for the preparation of a comprehensive evaluation of the respondent. The evaluation shall include information regarding the respondent’s developmental and social functioning that is relevant to the person’s need for guardianship. The evaluation shall contain recommendations and supporting data regarding the ability of the respondent to function in society without guardianship and shall specify those activities for which the respondent needs supervision and protection and shall include information regarding the availability of one or more responsible adults to assist the individual in decision-making.
(b) The evaluation shall be prepared by a qualified developmental disabilities professional. The evaluation shall be completed within 40 days after the court’s service of the petition upon the Commissioner unless the time period is extended by the court for cause. The Commissioner shall send the request for evaluation to the evaluator at least 30 days before it is due. The Commissioner shall provide for reimbursement of the costs of the evaluation.
(c) The Department shall send a copy of the evaluation to the court, the State’s Attorney, the director of guardianship services, and to counsel for the respondent. The evaluation is a confidential document and shall not be further disclosed by the court and the parties without the consent of the respondent or a person authorized to act on behalf of the respondent, except that the Department shall release the evaluation to a developmental services agency, if necessary, for the purpose of obtaining or improving services to the person.
(d) The evaluation shall not be used as evidence in any other judicial proceeding without the consent of the respondent or the respondent’s guardian or upon order of the court. (Added 1977, No. 192 (Adj. Sess.), § 1; amended 2001, No. 43, § 1; 2009, No. 154 (Adj. Sess.), § 238; 2023, No. 6, § 220, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 215 - Guardianship Services for People With Developmental Disabilities › § 9307. Notice of petition and hearing

§ 9307. Notice of petition and hearing
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. (Added 1977, No. 192 (Adj. Sess.), § 1; amended 2001, No. 43, § 1; 2023, No. 6, § 221, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 215 - Guardianship Services for People With Developmental Disabilities › § 9308. Appointment of counsel

§ 9308. Appointment of counsel
Upon the filing of the petition, the court shall appoint counsel for the respondent, and shall notify the respondent of the name, address, and telephone number of the appointed counsel. Compensation shall be paid by the Department to counsel assigned by the court, any rule or law to the contrary notwithstanding. Counsel shall receive a copy of the petition and comprehensive evaluation and such other documents as may be received or issued by the court. Counsel shall consult with the respondent prior to the hearing and, to the maximum extent possible, explain to the respondent the meaning of the proceedings and of all relevant documents. (Added 1977, No. 192 (Adj. Sess.), § 1; amended 1979, No. 167 (Adj. Sess.), § 2; 1989, No. 187 (Adj. Sess.), § 5; 1995, No. 174 (Adj. Sess.), § 3; 2001, No. 43, § 1.)
2023 Vermont Statutes › Title 18 - Health › Chapter 215 - Guardianship Services for People With Developmental Disabilities › § 9310. Powers of Commissioner as guardian

§ 9310. Powers of Commissioner as guardian
(a) The court may appoint the Commissioner guardian of the respondent if it determines that a guardian is needed to supervise and protect the respondent through the exercise of any or all of the following powers:
(1) The power to exercise general supervision over the respondent. This includes choosing or changing the residence, care, habilitation, education, and employment of the respondent and the power to approve or withhold approval of the sale or encumbrance of real property of the respondent;
(2) The power to approve or withhold approval of any contract, by or in the name of the respondent;
(3) The power to obtain legal advice and to commence or defend against judicial actions in the name of the respondent;
(4) The power to seek, obtain, and give consent to initiation and continuation of medical and dental treatment that best promotes the health, comfort, and well-being of the respondent, or to withhold consent for initiation or continuation of treatment that does not promote the health or well-being of the respondent. In exercising this power, the Commissioner shall be guided by the wishes and preferences of the individual. Any decision to withhold or abate medical treatment for an irreversible or terminal condition shall be reviewed by the Department’s ethics committee. Nothing in this chapter shall be interpreted as giving the Commissioner authority to consent to sterilization, lobotomy, involuntary administration of psychotropic medications, surgery of the brain for the purpose of modifying behavior, or electroconvulsive therapy for the respondent.
(b) Nothing in this chapter shall give the Commissioner authority to place a person with developmental disabilities in a State hospital except pursuant to chapter 181 of this title.
(c) The Commissioner shall exercise his or her supervisory authority over the respondent in a manner that is least restrictive of the person’s personal freedom consistent with the respondent’s need for supervision and protection. (Added 1977, No. 192 (Adj. Sess.), § 1; amended 2001, No. 43, § 1.)
2023 Vermont Statutes › Title 18 - Health › Chapter 215 - Guardianship Services for People With Developmental Disabilities › § 9313. Duties of Commissioner when providing guardianship services

§ 9313. Duties of Commissioner when providing guardianship services
(a) When providing guardianship services to a person with developmental disabilities, the Commissioner shall maintain close contact with the person with developmental disabilities, no matter where the person is living in this State, and shall permit and encourage maximum self-reliance on the part of the person with developmental disabilities under his or her protection. The Commissioner shall permit and encourage involvement by the person with developmental disabilities, and family members, and other individuals of the person’s choice in planning and decision-making.
(b) In addition to the supervisory powers vested in the Commissioner by the court pursuant to section 9310 of this title, the Commissioner shall assist any person who is under guardianship to obtain those services to which the person is lawfully entitled and that the person needs in order to maximize opportunities for social and financial independence. Those services include:
(1) Education services for a person with developmental disabilities who is of school age;
(2) Residential services for any person with developmental disabilities who lacks adequate or appropriate housing or residential supervision;
(3) Medical and dental services as needed;
(4) Therapeutic and habilitative services, adult education, vocational rehabilitation, or other appropriate programs or services for any person with developmental disabilities who is in need of such training or services;
(5) Counseling and social services;
(6) Counseling and assistance in the use of and handling of money. (Added 1977, No. 192 (Adj. Sess.), § 1; amended 2001, No. 43, § 1.)
2023 Vermont Statutes › Title 18 - Health › Chapter 215 - Guardianship Services for People With Developmental Disabilities › § 9314. Annual review

§ 9314. Annual review
(a) The Commissioner shall prepare an annual review of the social adjustment and progress of every person who is receiving guardianship services under this chapter. A copy of the review shall be kept on file by the Commissioner and shall be made available upon the request of the person with developmental disabilities and such other people as receive the written permission of the person or the Commissioner.
(b) The Commissioner shall annually review the legal status of each person receiving services under this chapter. If the Commissioner determines that the annual review of social adjustment and progress warrants a modification or termination of guardianship services for the person, the Commissioner shall petition the Family Division of the Superior Court pursuant to section 9316 of this title for the appropriate relief. (Added 1977, No. 192 (Adj. Sess.), § 1; amended 2001, No. 43, § 1; 2009, No. 154 (Adj. Sess.), § 238.)
2023 Vermont Statutes › Title 18 - Health › Chapter 215 - Guardianship Services for People With Developmental Disabilities › § 9315. Review of Commissioner’s decision

§ 9315. Review of Commissioner’s decision
A person who is receiving services under this chapter may appeal a decision of the Commissioner in accordance with 3 V.S.A. § 3091 or by petition to the Family Division of the Superior Court. (Added 1977, No. 192 (Adj. Sess.), § 1; amended 2001, No. 43, § 1; 2009, No. 154 (Adj. Sess.), § 238.)
2023 Vermont Statutes › Title 18 - Health › Chapter 215 - Guardianship Services for People With Developmental Disabilities › § 9316. Modification or termination of guardianship services

§ 9316. Modification or termination of guardianship services
(a) The Commissioner shall provide guardianship services in accordance with the order of the Probate Division or Family Division of the Superior Court until termination or modification thereof by the court.
(b) The Commissioner, the person with developmental disabilities, or any interested person may petition the appointing court, if it exists, or the Superior Court for the unit where the person resides to modify or terminate the judgment pursuant to which the Commissioner is providing guardianship. The petitioner, or the Commissioner as petitioner, and the respondent shall be the parties to an application to modify or terminate guardianship.
(c) Notice and hearing on the petition shall proceed in the manner set forth in sections 9307-9309 of this title. (Added 1977, No. 192 (Adj. Sess.), § 1; amended 2001, No. 43, § 1; 2009, No. 154 (Adj. Sess.), § 155; 2009, No. 154 (Adj. Sess.), § 155a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 18 - Health › Chapter 215 - Guardianship Services for People With Developmental Disabilities › § 9317. General provision

§ 9317. General provision
The Commissioner may delegate his or her powers and duties under this chapter to staff within the Department, and may adopt, pursuant to 3 V.S.A. chapter 25, rules necessary for the proper and efficient administration of this chapter. (Added 1977, No. 192 (Adj. Sess.), § 1; amended 2001, No. 43, § 1; 2017, No. 113 (Adj. Sess.), § 104.)
2023 Vermont Statutes › Title 18 - Health › Chapter 217 - Genetic Testing › § 9331. Definitions

§ 9331. Definitions
For purposes of this chapter:
(1) “Commissioner” means the Commissioner of Financial Regulation.
(2) “DNA” means deoxyribonucleic acid and “RNA” means ribonucleic acid.
(3) “Employee” has the same meaning as in 21 V.S.A. § 495d.
(4) “Employer” has the same meaning as in 21 V.S.A. § 495d.
(5) “Employment agency” has the same meaning as in 21 V.S.A. § 495d.
(6) “Genetic information” means the results of genetic testing contained in any report, interpretation, evaluation, or other record thereof.
(7)(A) “Genetic testing” means a test, examination, or analysis that is diagnostic or predictive of a particular heritable disease or disorder and is of:
(i) a human chromosome or gene;
(ii) human DNA or RNA; or
(iii) a human genetically encoded protein.
(B) The test for human genetically encoded protein referred to in subdivision (A)(iii) of this subdivision (7) shall be generally accepted in the scientific and medical communities as being specifically determinative for the presence or absence of a mutation, alteration, or deletion of a gene or chromosome.
(C) For the purposes of sections 9332 and 9333 of this title, as they apply to insurers, section 9334 of this title, and 8 V.S.A. § 4727, and notwithstanding any language in this section to the contrary, “genetic testing” does not include:
(i) a test, examination, or analysis that reports on an individual’s current condition unless such a test, examination, or analysis is designed or intended to be specifically determinative for the presence or absence of a mutation, alteration, or deletion of a gene or chromosome; or
(ii) a test, examination, or analysis of a human chromosome or gene, of human DNA or RNA, or of a human genetically encoded protein that is diagnostic or predictive of a particular heritable disease or disorder, if, in accordance with generally accepted standards in the medical community, the potential presence or absence of a mutation, alteration, or deletion of a gene or chromosome has already manifested itself by causing a disease, disorder, or medical condition or by symptoms highly predictive of the disease, disorder, or medical condition.
(8) “Insurance” means a policy of insurance regulated under Title 8, offered or issued in this State, including health, life, disability, and long-term care insurance policies, hospital and medical service corporation service contracts, and health maintenance organization benefit plans.
(9) “Labor organization” has the same meaning as in 21 V.S.A. § 495d.
(10) “Licensing agency” means a unit of State government authorized to grant, deny, renew, revoke, suspend, annul, withdraw, or amend a professional license, certification, or registration. (Added 1997, No. 160 (Adj. Sess.), § 5, eff. Jan. 1, 1999.)
2023 Vermont Statutes › Title 18 - Health › Chapter 217 - Genetic Testing › § 9332. Genetic testing; limitations

§ 9332. Genetic testing; limitations
(a) No person shall be required to undergo genetic testing, except as provided in this chapter.
(b) A person may be required to undergo genetic testing in connection with insurance subject to the limitations imposed under section 9334 of this title or if otherwise required by law for the following reasons:
(1) to establish parentage;
(2) to determine the presence of metabolic disorders in a newborn by testing conducted pursuant to newborn screening and protocols;
(3) in connection with a criminal investigation or prosecution;
(4) for remains identification by the chief medical examiner or designee;
(5) for purposes of the State DNA Data Bank, the State DNA Database, and CODIS pursuant to 20 V.S.A. chapter 113, subchapter 4.
(c) Samples collected pursuant to subdivision (b)(1), (2), (3), or (4) of this section or collected voluntarily pursuant to an agreement shall not be utilized for any purpose in connection with the State DNA Data Bank, the State DNA Database, and CODIS unless specifically authorized by 20 V.S.A. chapter 113, subchapter 4.
(d) Except for the provisions of subsection (b) of this section, no genetic testing shall be performed on any individual or body parts of any individual nor shall any bodily materials be released for purposes of genetic testing without the prior written authorization and informed consent of the individual to be tested except for medical research where the identity of the subject is unknown or, if the research shall be conducted with anonymized medical information where individual identifiers are encrypted or encoded and the identity of the individual is not disclosed, or if the identity of the individual is known, where standards of protection are equal to those contained in regulations promulgated by the federal Office for Protection from Research Risk (OPRR).
(e) Except for the provisions of subsection (b) of this section, any results of genetic testing or the fact that an individual has requested genetic services or undergone genetic testing shall be disclosed only pursuant to a written authorization executed by the individual tested or by a person authorized by law to act for the individual.
(f) Except for the provisions of subsection (b) of this section, at the time of suggesting or requesting that an individual consent to genetic testing, the person making the suggestion or request shall advise the individual subject of the test that the results of the test:
(1) may become part of the individual’s permanent medical record; and
(2) may be material to the ability of the individual to obtain certain insurance benefits. (Added 1997, No. 160 (Adj. Sess.), § 5, eff. Jan. 1, 1999.)
2023 Vermont Statutes › Title 18 - Health › Chapter 217 - Genetic Testing › § 9333. Genetic testing; employment; membership in a labor organization; professional licensure

§ 9333. Genetic testing; employment; membership in a labor organization; professional licensure
(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. (Added 1997, No. 160 (Adj. Sess.), § 5, eff. Jan. 1, 1999.)
2023 Vermont Statutes › Title 18 - Health › Chapter 217 - Genetic Testing › § 9334. Genetic testing as a condition of insurance coverage

§ 9334. Genetic testing as a condition of insurance coverage
(a) No policy of insurance offered for delivery or issued in this State shall be underwritten or conditioned on the basis of:
(1) any requirement or agreement of the individual to undergo genetic testing; or
(2) the results of genetic testing of a member of the individual’s family.
(b) A violation of this section shall be considered an unfair method of competition or unfair or deceptive act or practice in the business of insurance in violation of 8 V.S.A. § 4724.
(c) In addition to other remedies available under the law, a person who violates this section shall be subject to the enforcement provisions available under Title 8. (Added 1997, No. 160 (Adj. Sess.), § 5, eff. Jan. 1, 1999.)
2023 Vermont Statutes › Title 18 - Health › Chapter 217 - Genetic Testing › § 9335. Remedies

§ 9335. Remedies
(a) Any person who intentionally violates section 9333 or subsection 9334(a) of this chapter shall be imprisoned not more than one year or fined not more than $10,000.00, or both.
(b) Any person aggrieved by a violation of this chapter may bring an action for civil damages, including punitive damages, equitable relief, including restraint of prohibited acts, restitution of wages or other benefits, and reinstatement, costs, and reasonable attorney’s fees, and other appropriate relief. (Added 1997, No. 160 (Adj. Sess.), § 5, eff. Jan. 1, 1999.)
2023 Vermont Statutes › Title 18 - Health › Chapter 220 - Green Mountain Care Board › § 9372. Purpose

§ 9372. Purpose
It is the intent of the General Assembly to create an independent board to promote the general good of the State by:
(1) improving the health of the population;
(2) reducing the per-capita rate of growth in expenditures for health services in Vermont across all payers while ensuring that access to care and quality of care are not compromised;
(3) enhancing the patient and health care professional experience of care;
(4) recruiting and retaining high-quality health care professionals; and
(5) achieving administrative simplification in health care financing and delivery. (Added 2011, No. 48, § 3, eff. May 26, 2011.)