reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 18 - Health › Chapter 1 - Department of Health; General Provisions › § 35. Vermont Health Care Professional Loan Repayment Program

§ 35. Vermont Health Care Professional Loan Repayment Program
(a) As used in this section:
(1) “AHEC” means the Vermont Area Health Education Centers program.
(2) “Eligible individual” means an individual who satisfies the eligibility requirements for loan repayment under this section.
(3) “Eligible school” means an approved postsecondary education institution, as defined under 16 V.S.A. § 2822.
(4) “Loan repayment” means the cancellation and repayment of loans under this section.
(5) “Loans” means education loans guaranteed, made, financed, serviced, or otherwise administered by an accredited educational lender for attendance at an eligible school.
(6) “Program” means the Vermont Health Care Professional Loan Repayment Program created under this section.
(b) The Vermont Health Care Professional Loan Repayment Program is created and shall be administered by the Department of Health in collaboration with AHEC. The Program provides loan repayment on behalf of individuals who live and work in this State as a nurse, physician assistant, medical technician, child psychiatrist, or primary care provider and who meet the eligibility requirements in subsection (d) of this section.
(c) The loan repayment benefits provided under the Program shall be paid on behalf of the eligible individual by AHEC, subject to the appropriation of funds by the General Assembly for this purpose.
(d) To be eligible for loan repayment under the Program, an individual shall satisfy all of the following requirements:
(1) have graduated from an eligible school where the individual was awarded a degree in nursing, physician assistant studies, medicine, osteopathic medicine, or naturopathic medicine, or a two- or four-year degree that qualifies the individual to be a medical technician;
(2) work in this State as a nurse, physician assistant, medical technician, child psychiatrist, or primary care provider; and
(3) be a resident of Vermont.
(e)(1) An eligible individual shall be entitled to an amount of loan cancellation and repayment under this section equal to one year of loans for each year of service as a nurse, physician assistant, medical technician, child psychiatrist, or primary care provider in this State. Employment as a traveling nurse shall not be construed to satisfy the service commitment required for loan repayment under this section.
(2) AHEC shall award loan repayments in amounts that are sufficient to attract high-quality candidates while also making a meaningful increase in Vermont’s health care professional workforce. (Added 2021, No. 183 (Adj. Sess.), § 26, eff. July 1, 2022.)
2023 Vermont Statutes › Title 18 - Health › Chapter 1 - Department of Health; General Provisions › § 37. Nurse Faculty Loan Repayment Program

§ 37. Nurse Faculty Loan Repayment Program
(a) As used in this section:
(1) “AHEC” means the Vermont Area Health Education Centers program.
(2) “Eligible individual” means an individual who satisfies the eligibility requirements under this section for loan repayment.
(3) “Eligible school” means an approved postsecondary education institution, as defined under 16 V.S.A. § 2822.
(4) “Loan repayment” means the cancellation and repayment of loans under this section.
(5) “Loans” means education loans guaranteed, made, financed, serviced, or otherwise administered by an accredited educational lender for attendance at an eligible school.
(6) “Nurse faculty member” or “member of the nurse faculty” means a nurse with a master’s or doctoral degree that qualifies the individual to teach at a nursing school in this State.
(7) “Program” means the Nurse Faculty Loan Repayment Program created under this section.
(b) The Nurse Faculty Loan Repayment Program is created and shall be administered by the Department of Health in collaboration with AHEC. The Program provides loan repayment on behalf of individuals who work as nurse faculty members at a nursing school in this State and who meet the eligibility requirements in subsection (d) of this section.
(c) The loan repayment benefits provided under the Program shall be paid on behalf of the eligible individual by AHEC, subject to the appropriation of funds by the General Assembly for this purpose.
(d) To be eligible for loan repayment under the Program, an individual shall satisfy all of the following requirements:
(1) graduated from an eligible school where the individual was awarded a graduate degree in nursing;
(2) work as a member of the nurse faculty at a nursing school in this State; and
(3) be a resident of Vermont.
(e) An eligible individual shall be entitled to an amount of loan cancellation and repayment under this section equal to one year of loans for each year of service as a member of the nurse faculty at a nursing school in this State. (Added 2021, No. 183 (Adj. Sess.), § 29a, eff. July 1, 2022.)
2023 Vermont Statutes › Title 18 - Health › Chapter 3 - Department of Health; Commissioner of Health › § 102. Duties of Commissioner of Health

§ 102. Duties of Commissioner of Health
The Commissioner shall supervise and direct the execution of all laws vested in the Department of Health by virtue of this title and shall formulate and carry out all policies relating thereto and shall adopt such rules as are necessary to administer this title and shall make a biennial report with recommendations to the Governor and to the General Assembly. The Commissioner’s jurisdiction over sewage disposal includes emergent conditions that create a risk to the public health as a result of sewage treatment and disposal, or its effects on water supply, but does not include rulemaking on design standards for on-site sewage disposal systems. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1983, No. 117 (Adj. Sess.), § 2; 2015, No. 23, § 104; 2023, No. 53, § 23, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 3 - Department of Health; Commissioner of Health › § 104a. Commissioner of Health; designation of advisor to Commissioner of Motor Vehicles

§ 104a. Commissioner of Health; designation of advisor to Commissioner of Motor Vehicles
The Commissioner of Health, upon request by the Commissioner of Motor Vehicles, shall designate an appropriate professional member of the Department to serve as advisor to the Commissioner of Motor Vehicles on health aspects of the licensing of motor vehicle operators. (Added 1967, No. 251 (Adj. Sess.), § 1, eff. Feb. 20, 1968.)
2023 Vermont Statutes › Title 18 - Health › Chapter 3 - Department of Health; Commissioner of Health › § 104b. Community health and wellness grants

§ 104b. Community health and wellness grants
(a) The Commissioner shall establish a program for awarding competitive, substantial, multiyear grants to comprehensive community health and wellness projects. Successful projects must:
(1) use comprehensive approaches designed to promote healthy behavior and disease prevention across the community and across the lifespan of individual Vermonters and address issues that may include promoting nutrition and exercise for children, community recreation programs, elderly wellness, lead poisoning abatement, obesity prevention, maternal and child health and immunization, mental health and substance abuse, and tobacco prevention and cessation;
(2) be consistent with the Blueprint for Health and other State health initiatives as well as the overall goals of the applicant community;
(3) be goal and result driven;
(4) use strategies that have been demonstrated to be effective in reaching the desired goal;
(5) provide data for evaluating and monitoring progress;
(6) include a plan for ensuring that all food vending machines located in public buildings within the control of the grant recipient contain foods and portion sizes consistent with the Vermont nutrition and fitness policy guidelines or other relevant science-based resources; and
(7) address socioeconomic or other barriers that stand in the way of fit and healthy lifestyles in their communities.
(b) The Commissioner, through the 12 district health offices, shall assist communities by:
(1) providing technical assistance to support communities in following a consistent and coordinated approach to planning and implementation, including practices such as needs assessment, defined priorities, action plans, and evaluation;
(2) providing access to best and promising practices and approved public policies;
(3) providing assistance to help communities develop public awareness materials and communication tools with well-researched and well-coordinated messaging;
(4) helping communities obtain and maximize funding from all applicable sources; and
(5) providing other assistance as appropriate.
(c)-(e) [Repealed.]
(f) The Commissioner may adopt rules pursuant to 3 V.S.A. chapter 25, the Administrative Procedure Act, necessary for the implementation of this program.
(g) The Commissioner is authorized to accept donations or contributions from private sources for community wellness grants. (Added 2005, No. 215 (Adj. Sess.), § 322; amended 2007, No. 203 (Adj. Sess.), § 14, eff. June 10, 2008; 2009, No. 135 (Adj. Sess.), § 26, eff. May 29, 2010; 2011, No. 139 (Adj. Sess.), § 51, eff. May 14, 2012; 2015, No. 11, § 16; 2023, No. 6, § 91, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 3 - Department of Health; Commissioner of Health › § 107. Life and health of inhabitants; inspections; investigations

§ 107. Life and health of inhabitants; inspections; investigations
(a) The Commissioner shall take cognizance of the interest of the life and health of the inhabitants of the State, shall make or cause to be made inspections, investigations, and inquiries respecting causes of disease and the means of preventing the same and the effect of all circumstances relating to or affecting the public health. With the approval of the Governor, the Commissioner may apply for and accept research grants for such funded research projects as have as their objective the advancement of knowledge in the health sciences, provided that the Commissioner may staff and equip such projects only from such research grants.
(b) A health officer may conduct inspections, review records, and take samples, photographs, and other evidence to detect violations of any State or local health statute, rule, ordinance, or permit, or any public health hazard or public health risk. Inspections shall be conducted at a reasonable time and in a reasonable manner. The health officer may, upon presentation of credentials, seek permission to inspect any premises not open to the public. If permission is refused, the health officer may, pursuant to section 121 of this title, seek a search warrant authorizing the inspection of such premises.
(c) This section shall not limit or conflict with the duties or powers of a health officer to inspect public water sources, public water systems, or public water source protection areas and food or lodging establishments under chapters 24 and 85 of this title. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1963, No. 102, § 5, eff. May 22, 1963; 1985, No. 267 (Adj. Sess.), § 4; 1989, No. 105, § 4; 2021, No. 15, § 6.)
2023 Vermont Statutes › Title 18 - Health › Chapter 3 - Department of Health; Commissioner of Health › § 108. Water supply; sanitation

§ 108. Water supply; sanitation
When requested, or when, in the Commissioner’s opinion, it is necessary, the Commissioner shall advise with municipal officers in regard to drainage, water supply, and sewerage of towns and villages and in regard to the erection, construction, heating, ventilation, and sanitary arrangements of public buildings. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2023, No. 53, § 26, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 3 - Department of Health; Commissioner of Health › § 109. The Commissioner exercising powers of local board of health or health officer

§ 109. The Commissioner exercising powers of local board of health or health officer
The Commissioner, in the Commissioner’s discretion, may exercise all the powers and authority, in each town and village, that is given to a local health officer or board of health. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2023, No. 53, § 27, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 3 - Department of Health; Commissioner of Health › § 111. Forms for reports of infectious and contagious diseases

§ 111. Forms for reports of infectious and contagious diseases
The Commissioner shall devise and furnish health officers suitable forms upon which to make reports of infectious and contagious diseases. The Commissioner shall also devise and furnish forms for physicians to report to health officers. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2023, No. 53, § 29, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 3 - Department of Health; Commissioner of Health › § 112. Circulars of information

§ 112. Circulars of information
The Department shall prepare and distribute to local boards of health, physicians, and other persons such printed circulars as it deems necessary and such rules as the Department may adopt and the Commissioner thereof shall give information relative to the cause and prevention of disease and directions as to modes of management, quarantine, and means of prevention of contagious and infectious diseases. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2015, No. 23, § 105; 2023, No. 53, § 30, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 3 - Department of Health; Commissioner of Health › § 113. Services and expenditures; cooperation with other agencies; attendance upon meetings

§ 113. Services and expenditures; cooperation with other agencies; attendance upon meetings
The Commissioner may perform such services and incur such expenditures as the Commissioner deems necessary for the protection of the public health and may cooperate with health agencies of other states and countries. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2023, No. 53, § 31, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 3 - Department of Health; Commissioner of Health › § 115. Public health surveillance assessment and planning

§ 115. Public health surveillance assessment and planning
(a) The Department of Health may, in the discretion of the Commissioner, accept for treatment children who have chronic diseases or developmental disabilities.
(b) The Commissioner of Health is authorized to:
(1) study the prevalence of chronic disease;
(2) make such morbidity studies as may be necessary to evaluate the overall problem of chronic disease and developmental disabilities;
(3) develop an early case-finding program, in cooperation with the medical profession;
(4) develop and carry on an educational program as to the causes, prevention, and alleviation of chronic disease and developmental disabilities; and
(5) adopt rules for the purpose of screening chronic diseases and developmental disabilities in newborns.
(c) The Department of Health is directed to consult and cooperate with the medical profession and interested official and voluntary agencies and societies in the development of this program.
(d) The Department is authorized to accept contributions or gifts that are given to the State for any of the purposes as stated in this section, and the Department is authorized to charge and retain monies to offset the cost of providing newborn screening program services. (Amended 1959 (Adj. Sess.), § 27, eff. March 1, 1961; 1973, No. 77, § 60, eff. April 14, 1973; 1997, No. 59, § 84, eff. June 30, 1997; 2013, No. 96 (Adj. Sess.), § 86; 2015, No. 152 (Adj. Sess.), § 11.)
2023 Vermont Statutes › Title 18 - Health › Chapter 3 - Department of Health; Commissioner of Health › § 116. Mother and child health service; training of nurses and workers

§ 116. Mother and child health service; training of nurses and workers
(a) The Commissioner shall continue the existing health service for mothers and children established in a manner harmonious with Parts One and Two of Title V of the Act of Congress approved August 14, 1935 and entitled Social Security Act and shall continue its existing health service for children with physical disabilities.
(b) The Commissioner may pay for the graduate training of public health nurses and other professional health department workers whom the Department employs. (Amended 1959, No. 75, eff. April 1, 1959; 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2013, No. 96 (Adj. Sess.), § 88; 2023, No. 53, § 32, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 3 - Department of Health; Commissioner of Health › § 117. Chronic fatigue syndrome

§ 117. Chronic fatigue syndrome
(a) The Commissioner of Health shall establish a statewide network of resources to provide education through the distribution of information regarding persons with chronic fatigue syndrome, also known as chronic fatigue immune dysfunction syndrome (CFIDS), to persons with chronic fatigue syndrome, health care providers, and the public.
(b) The Department shall work in collaboration with the Vermont CFIDS Association, Inc. and health care providers with expertise in chronic fatigue syndrome to prepare an informational packet about the clinical significance, diagnosis, and treatment of chronic fatigue syndrome. The informational packet shall be based upon the publication “A Consensus Manual for the Primary Care and Management of Chronic Fatigue Syndrome” published by the Academy of Medicine of New Jersey and the New Jersey Department of Health and Senior Services, to the extent allowable under federal copyright protections. The Department shall distribute the informational packet to all primary care physicians in the State, and it shall be available on the Department of Health’s website. The informational packet may contain any other information that the Commissioner of Health deems necessary and shall be revised by the Department when new information about chronic fatigue syndrome becomes available. The Department shall publicize the informational packet and make it widely available to the public. (Added 2005, No. 215 (Adj. Sess.), § 116.)
2023 Vermont Statutes › Title 18 - Health › Chapter 3 - Department of Health; Commissioner of Health › § 120. Contract for payment of certain health benefits

§ 120. Contract for payment of certain health benefits
The Commissioner may contract with a private organization to process the payment of in-patient hospital care, and physician, radiological, and other medical costs related thereto under the maternal, child health, and children with physical disabilities’ plans of the Department of Health. Such a contract shall provide for cancellation upon reasonable notification by the Commissioner. In furtherance of the purposes of the contract, the Commissioner may requisition funds, with the approval of the Governor, and the Commissioner of Finance and Management shall issue a warrant in favor of the contracting party to permit the contracting party to make payments to vendors under the contract. The Commissioner shall quarterly, and at such other times as the Commissioner of Finance and Management requires, render an account in such form as the Commissioner of Finance and Management prescribes of the expenditures of monies so advanced. (Added 1967, No. 267 (Adj. Sess.), § 1, eff. July 1, 1968; amended 2013, No. 96 (Adj. Sess.), § 89; 2023, No. 53, § 33, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 3 - Department of Health; Commissioner of Health › § 121. Issuance of search warrants

§ 121. Issuance of search warrants
(a) Upon application by a health officer or a law enforcement officer, a District or Superior Court judge shall, upon a finding of probable cause, issue a warrant to search a premises for violation of any State or local health statute, rule, ordinance, or permit, or for any public health hazard or public health risk.
(b) Probable cause for a search warrant under this section exists when:
(1) a health officer or law enforcement officer has reason to believe that a State or local health statute, rule, ordinance, or permit has been violated; or
(2) a health officer or law enforcement officer has reason to believe that a public health hazard or public health risk may exist on the premises to be searched; or
(3) permission to inspect has been refused and the premises to be searched are subject to routine inspections in connection with a regulatory program conducted pursuant to this title.
(c) The provisions of the Vermont Rules of Criminal Procedure 41(c) shall apply to warrants issued under this section. (Added 1985, No. 267 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 18 - Health › Chapter 3 - Department of Health; Commissioner of Health › § 122. Private right of action

§ 122. Private right of action
(a) Any person injured or damaged by a violation of this title, of a rule adopted pursuant to this title, or of a permit or order issued thereunder, or by a public health hazard may bring an action for equitable relief or damages arising from such violation or public health hazard.
(b) A judicial determination of a violation of this title, of a rule adopted pursuant to this title, or of a permit or order issued thereunder, or of a public health hazard shall be prima facie evidence of the existence of the violation or the hazard, which evidence may be rebutted by the defendant.
(c) The remedies provided by this section are in addition to any common law or statutory remedies otherwise available and do not amend or conflict with the provisions of 24 V.S.A. chapter 129, the powers and authority of the Agency of Agriculture, Food and Markets, the Department of Labor, the Agency of Natural Resources, or the Public Utility Commission, or the power of the Commissioner to issue a health or emergency health order.
(d) The limitations and defenses of 12 V.S.A. chapter 189 and the provisions of 29 V.S.A. chapter 55 shall apply to actions against the State or any of its political subdivisions under this section.
(e) Notwithstanding any provision of this section or the existence of any other remedy existing at law or in equity, no cause of action or grounds for enforcement shall lie against any municipal corporation as defined in 24 V.S.A. § 3301 or any company as defined in 30 V.S.A. § 201(a) for any defect, liability, condition, violation, or hazard that exists on the date such municipal corporation or company acquires by purchase, donation, or condemnation any public water source or public water system as defined in 10 V.S.A. § 1671(4) and (5), unless such acquiring municipal corporation or company expressly assumes the same. The provisions of this subsection shall not be construed to relieve such municipal corporation or company from any obligation or responsibility to correct or abate any violation of this title or of 10 V.S.A. chapter 56 on and after the date of such acquisition. This subsection shall be liberally construed to immunize municipal corporations and companies from liability for preexisting conditions in public water sources and systems subsequently acquired by such entities. This section shall not be read to immunize municipalities from suits or claims in existence on the date a municipality acquires any public water source or system arising from the taking of water or land. (Added 1985, No. 267 (Adj. Sess.), § 6; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 1993, No. 164 (Adj. Sess.), § 10; 2003, No. 42, § 2, eff. May 27, 2003; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2013, No. 34, § 11; 2023, No. 6, § 92, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 3 - Department of Health; Commissioner of Health › § 123. Revocation of permits

§ 123. Revocation of permits
(a) The Commissioner may, after notice and opportunity for hearing, revoke, modify, or suspend any permit issued pursuant to the Commissioner’s authority under this title if the Commissioner finds that:
(1) the permit holder submitted materially false or inaccurate information;
(2) the permit holder has violated any material requirement, restriction, or condition of any permit, any rule, statute, or order; or
(3) there is a change in any condition that requires either a temporary or permanent restriction, limitation, or elimination of the permitted use.
(b) Revocation shall be effective upon actual notice thereof to the permit holder or permit holder’s designated agent. (Added 1985, No. 267 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 18 - Health › Chapter 3 - Department of Health; Commissioner of Health › § 124. Voluntary compliance

§ 124. Voluntary compliance
(a) When appropriate, the health officer shall make all practicable efforts to secure voluntary compliance. This requirement shall not restrict the health officer’s authority to use any enforcement powers authorized by this title or the common law.
(b) Means of securing voluntary compliance may include the following:
(1) encouraging voluntary cooperation by persons and affected groups to achieve the purposes of this title;
(2) encouraging local units of government to handle violation problems within their respective jurisdiction by compact on a cooperative basis and providing technical and consultative assistance for violation problems;
(3) advising, consulting, contacting, and cooperating with other agencies of the State, local governments, industries, other states, interstate or interlocal agencies, and the federal government, and with interested persons or groups; and
(4) encouraging voluntary compliance through warning, conference, or any other similar means. (Added 1985, No. 267 (Adj. Sess.), § 8; amended 2023, No. 6, § 93, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 3 - Department of Health; Commissioner of Health › § 125. Assurance of discontinuance

§ 125. Assurance of discontinuance
(a) In any case where the Commissioner has authority to institute an action or proceeding against a person under this title, the Commissioner may, in lieu thereof, accept from such person an assurance that the violation, or the action or inaction contributing to a public health hazard or a significant public health risk, will be discontinued. An assurance of discontinuance may include:
(1) specific action to be taken;
(2) abatement or mitigation schedules;
(3) payment of a civil penalty and the costs of investigation;
(4) payment of an amount to be held in escrow pending the outcome of an action, or as restitution to aggrieved persons.
(b) An assurance of discontinuance shall be in writing, shall be filed with the Superior Court having jurisdiction over the subject matter, and shall become an order of the court. Evidence of a violation of an assurance of discontinuance shall be prima facie proof of the violation cited in the assurance. (Added 1985, No. 267 (Adj. Sess.), § 9.)
2023 Vermont Statutes › Title 18 - Health › Chapter 3 - Department of Health; Commissioner of Health › § 127. Emergency health orders

§ 127. Emergency health orders
(a) A health officer may, without a prior hearing, issue an emergency health order when necessary to prevent, remove, or destroy an imminent and substantial public health hazard or to mitigate an imminent and substantial significant public health risk. Such order may include any actions available under section 126 of this title. An emergency health order shall be effective upon actual notice to the person against whom the order is directed.
(b) The health officer may issue an emergency health order only after preparation of a written statement of reasons stating the need for an emergency health order together with the supporting evidence and a statement of procedural rights available under this section. The order, together with the statement and the evidence, shall be made available as soon as possible to the person to whom the order is directed. An emergency order shall be served in person by a health officer or in accordance with the procedures set forth in Rule 4 of the Vermont Rules of Civil Procedure. If the person resides out of state, the emergency health order shall be served on the person against whom the order is sought through certified mail.
(c) A person to whom an emergency health order is directed shall be given the opportunity for a hearing within five business days after the issuance of such order. A person who is in full compliance with an emergency health order may request, and shall be granted, an extension of the hearing date. If the emergency order was issued by the Commissioner, such hearing shall be in front of the Commissioner. If the emergency order was issued by a local health officer, such hearing shall be in front of the selectboard. At the hearing, the person to whom the order is directed shall be given the opportunity to rebut allegations upon which the emergency health order is based. After the hearing, the Commissioner or selectboard shall issue a health order pursuant to section 126 of this title affirming, modifying, or terminating the emergency health order. (Added 1985, No. 267 (Adj. Sess.), § 11; amended 2021, No. 15, § 8; 2023, No. 6, § 95, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 3 - Department of Health; Commissioner of Health › § 128. Appeal

§ 128. Appeal
(a) Any person aggrieved by an act, decision, or order of the Commissioner, local board of health, or selectboard pursuant to this title may appeal within 30 days to the Superior Court of the county in which such person resides or maintains a place of business. The court shall consider the matter de novo, and all persons and parties in interest, as determined by court rule, may appear and be heard.
(b) An appeal from the decision of the Superior Court shall be to the Vermont Supreme Court. (Added 1985, No. 267 (Adj. Sess.), § 12; amended 2023, No. 53, § 34, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 3 - Department of Health; Commissioner of Health › § 129. Stay

§ 129. Stay
An appeal filed pursuant to section 128 of this title shall not stay the effectiveness of the order appealed from unless the Court otherwise orders. (Added 1985, No. 267 (Adj. Sess.), § 13; amended 2023, No. 53, § 35, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 3 - Department of Health; Commissioner of Health › § 130. Civil enforcement

§ 130. Civil enforcement
(a) The Commissioner, or a local board of health, may bring an action in the Superior Court of the county in which a violation or a public health hazard or public health risk has occurred or is occurring, to enforce the provisions of this title, or the rules, permits, or orders issued pursuant to this title, including the terms of an assurance of discontinuance entered into under section 125 of this title.
(b) The court may grant temporary and permanent injunctive relief and may exercise all the powers available to it, including:
(1) Enjoining future activities that may contribute to a public health hazard or a public health risk.
(2) Ordering remedial actions to be taken to mitigate a public health risk or to remove or destroy a public health hazard.
(3) Ordering the design, construction, installation, and operation of facilities designed to mitigate a public health risk or to ensure compliance with any permit issued under this chapter.
(4) Fixing and ordering compensation for any public or private property destroyed or damaged.
(5) Ordering reimbursement from any person who caused governmental expenditures for the investigation and mitigation of the public health risk or the investigation, abatement, or removal of public health hazards.
(6) Levying civil penalties not to exceed $10,000.00 for each violation. In the case of a continuing violation, each day’s continuance may be deemed a separate violation. (Added 1985, No. 267 (Adj. Sess.), § 14; amended 2017, No. 74, § 25; 2023, No. 6, § 96, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 3 - Department of Health; Commissioner of Health › § 131. Criminal penalty

§ 131. Criminal penalty
(a) Any person who violates a provision of this title or who fails or neglects to obey or comply with an order or the terms of a permit issued under this title shall be fined not more than $5,000.00. Each violation shall be a separate offense and, in the case of a continuing violation, each day’s continuance shall be deemed a separate violation.
(b) Any person who refuses to obey or comply with an order or the terms of a permit issued under this title or who knowingly creates a public health hazard or knowingly contributes to a significant public health risk shall be fined not more than $25,000.00 or be imprisoned not more than six months, or both. Each violation shall be a separate offense and, in the case of a continuing violation, each day’s continuance shall be deemed a separate violation.
(c) Any person who knowingly makes a false statement, representation, or certification as to any material fact in any application, record, report, plan, testing result, or other document filed or required to be maintained under this title, or who falsifies, tampers with, or knowingly renders inaccurate a testing device or method required to be maintained under this title or required by a permit, rule, regulation, or order issued under this title shall be fined not more than $10,000.00 or be imprisoned for not more than six months, or both.
(d) Any person who hinders or attempts to hinder any actions taken pursuant to this chapter shall be fined not more than $1,000.00. (Added 1985, No. 267 (Adj. Sess.), § 15.)
2023 Vermont Statutes › Title 18 - Health › Chapter 4 - Cancer Registry › § 151. Definitions

§ 151. Definitions
As used in this chapter:
(1) “Cancer” means all malignant neoplasms, regardless of the tissue of origin, including malignant lymphoma, Hodgkins disease, and leukemia, but excluding basal cell and squamous cell carcinoma of the skin.
(2) “Health care facility” shall have the meaning given in section 9432 of this title.
(3) “Health care provider” shall have the meaning given in section 9432 of this title. (Added 1993, No. 90, § 2.)
2023 Vermont Statutes › Title 18 - Health › Chapter 4 - Cancer Registry › § 152. Establishment of cancer registry

§ 152. Establishment of cancer registry
(a) The Commissioner shall establish a uniform statewide population-based cancer registry system for the collection of information determining the incidence of cancer and related data. The Secretary shall adopt rules necessary to effect the purposes of this chapter, including the data to be reported and the effective date after which reporting by health care facilities and health care providers shall be required.
(b) All cancers diagnosed or treated in the State shall be reported to the representative of the Department of Health authorized by the Commissioner to compile the cancer data, or any individual, agency, or organization designated to cooperate with that representative.
(c) The Commissioner shall establish a training program for the personnel of participating health care facilities and a quality control program for cancer data. The Commissioner shall collaborate in studies with clinicians and epidemiologists and publish reports on the results of such studies. The Commissioner shall cooperate with the National Institutes of Health and the Centers for Disease Control and Prevention in providing cancer incidence data. (Added 1993, No. 90, § 2.)
2023 Vermont Statutes › Title 18 - Health › Chapter 4 - Cancer Registry › § 153. Participation in program

§ 153. Participation in program
(a) Any health care facility diagnosing or providing treatment to patients with cancer shall report each case of cancer to the Commissioner or the Commissioner’s authorized representative in a format prescribed by the Commissioner within 180 days after admission or diagnosis. If the facility fails to report in a format prescribed by the Commissioner, the Commissioner’s authorized representative may enter the facility, obtain the information, and report it in the appropriate format. In these cases, the facility shall reimburse the Commissioner or the authorized representative for the cost of obtaining and reporting the information.
(b) Any health care provider diagnosing or providing treatment to patients with cancer shall report each cancer case to the Commissioner or the Commissioner’s authorized representative within 180 days after diagnosis. Those cases diagnosed or treated at a Vermont facility or previously admitted to a Vermont facility for diagnosis or treatment of that instance of cancer are exceptions and do not need to be reported by the health care provider.
(c) All health care facilities and health care providers who provide diagnostic or treatment services to patients with cancer shall report to the Commissioner any further demographic, diagnostic, or treatment information requested by the Commissioner concerning any person now or formerly receiving services, diagnosed as having or having had a malignant tumor. Additionally, the Commissioner or his or her authorized representative shall have physical access to all records that would identify cases of cancer or would establish characteristics of the cancer, treatment of the cancer, or medical status of any identified patient with cancer. Willful failure to grant access to such records shall be punishable by a fine of up to $500.00 for each day access is refused. Any fines collected pursuant to this subsection shall be deposited in the General Fund. (Added 1993, No. 90, § 2; amended 2015, No. 37, § 1; 2023, No. 6, § 97, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 4 - Cancer Registry › § 154. Confidentiality

§ 154. Confidentiality
(a) All information reported pursuant to this chapter shall be confidential and privileged. The Commissioner shall take strict measures to ensure that all identifying information is kept confidential.
(b) All identifying information regarding an individual patient, health care provider, or health care facility contained in records of interviews, written reports, and statements procured by the Commissioner or by any other person, agency, or organization acting jointly with the Commissioner in connection with cancer morbidity and mortality studies shall be confidential and privileged and shall be used solely for the purposes of the study. Nothing in this section shall prevent the Commissioner from publishing statistical compilations relating to morbidity and mortality studies that do not identify individual cases or sources of information. (Added 1993, No. 90, § 2.)
2023 Vermont Statutes › Title 18 - Health › Chapter 4 - Cancer Registry › § 155. Disclosure

§ 155. Disclosure
(a) The Commissioner may enter into agreements to exchange confidential information with other cancer registries in order to obtain complete reports of Vermont residents diagnosed or treated in other states and to provide information to other states regarding their residents diagnosed or treated in Vermont.
(b) The Commissioner may furnish confidential information to the National Breast and Cervical Cancer Early Detection Program, other states’ cancer registries, federal cancer control agencies, or health researchers in order to collaborate in a national cancer registry or to collaborate in cancer control and prevention research studies. However, before releasing confidential information, the Commissioner shall first obtain from such state registries, agencies, or researchers an agreement in writing to keep the identifying information confidential and privileged. In the case of researchers, the Commissioner shall also first obtain evidence of the approval of their academic committee for the protection of human subjects established in accordance with 45 C.F.R. part 46. (Added 1993, No. 90, § 2; amended 2015, No. 37, § 1.)
2023 Vermont Statutes › Title 18 - Health › Chapter 4 - Cancer Registry › § 156. Liability

§ 156. Liability
(a) No action for damages arising from the disclosure of confidential or privileged information may be maintained against any person, or the employer or employee of any person, who participates in good faith in the reporting of cancer registry data or data for cancer morbidity or mortality studies in accordance with this chapter.
(b) No license of a health care facility or health care provider may be denied, suspended, or revoked for the good faith disclosure of confidential or privileged information in the reporting of cancer registry data or data for cancer morbidity or mortality studies in accordance with this chapter.
(c) Nothing in this section shall be construed to apply to the unauthorized disclosure of confidential or privileged information when such disclosure is due to gross negligence or willful misconduct. (Added 1993, No. 90, § 2.)
2023 Vermont Statutes › Title 18 - Health › Chapter 4 - Cancer Registry › § 157. Vermont Mammography Registry

§ 157. Vermont Mammography Registry
The confidentiality, disclosure, and liability provisions of sections 154, 155, and 156 of this title shall likewise apply to all mammography and pathology data relating to breast cancer and any associated identifying information acquired by the Vermont Mammography Registry (VMR). In the case of VMR, the rights and obligations of the Commissioner of Health shall be assumed by the appropriate VMR governing body or official. (Added 1993, No. 140 (Adj. Sess.), § 107a, eff. April 15, 1994.)
2023 Vermont Statutes › Title 18 - Health › Chapter 4 - Cancer Registry › § 158. Dense breast notification and education

§ 158. Dense breast notification and education
(a) All health care facilities that perform mammography examinations shall include in the summary of the mammography report to be provided to a patient information that identifies the patient’s individual breast tissue classification based on the Breast Imaging Reporting and Data System established by the American College of Radiology. If a facility determines that a patient has heterogeneously dense or extremely dense breasts, the summary of the mammography report shall also include a notice substantially similar to the following:
“Your mammogram indicates that you have dense breast tissue. Dense breast tissue is a normal finding that is present in about 40 percent of women. Dense breast tissue can make it more difficult to detect cancer on a mammogram and may be associated with a slightly increased risk for breast cancer. This information is provided to raise your awareness of the impact of breast density on cancer detection and to encourage you to discuss this issue, as well as other breast cancer risk factors, with your health care provider as you decide together which screening options may be right for you.”
(b) Facilities that perform mammography examinations may update the language in their notices over time to reflect advances in science and technology, as long as they continue to notify patients about the frequency of dense breast tissue and its effect on the accuracy of mammograms and encourage patients to discuss the issue with their health care provider. Facilities shall notify the Department of Health each time they make changes to the notice required by this section and shall provide an updated copy for the Department’s information and review.
(c) Nothing in this section shall be construed to create a duty of care or other legal obligation beyond the duty to provide notice as set forth in this section. (Added 2015, No. 139 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 18 - Health › Chapter 4A - Amyotrophic Lateral Sclerosis Registry › § 171. Definitions

§ 171. Definitions
As used in this chapter:
(1) “Amyotrophic lateral sclerosis” or “ALS” means a progressive neurodegenerative disease that affects nerve cells in the brain and the spinal cord.
(2) “Health care provider” means a person, partnership, corporation, facility, or institution licensed or certified or authorized by law to provide professional health care service in this State to an individual during that individual’s medical care, treatment, or confinement.
(3) “Registry” means the statewide amyotrophic lateral sclerosis incidence registry. (Added 2021, No. 149 (Adj. Sess.), § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 4A - Amyotrophic Lateral Sclerosis Registry › § 172. Registry established

§ 172. Registry established
The Commissioner shall establish, maintain, and operate a statewide amyotrophic lateral sclerosis incidence registry. (Added 2021, No. 149 (Adj. Sess.), § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 4A - Amyotrophic Lateral Sclerosis Registry › § 173. Duty of health care providers

§ 173. Duty of health care providers
A health care provider that screens for, diagnoses, or provides therapeutic services to patients with amyotrophic lateral sclerosis shall report to the Department all individuals diagnosed as having amyotrophic lateral sclerosis not later than six months from the date of diagnosis. The report shall include information on each individual’s usual occupation and industry of employment and other elements determined by rule to be appropriate. (Added 2021, No. 149 (Adj. Sess.), § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 4A - Amyotrophic Lateral Sclerosis Registry › § 174. Confidentiality

§ 174. Confidentiality
(a)(1) All identifying information regarding an individual patient or health care provider is exempt from public inspection and copying under the Public Records Act and shall be kept confidential.
(2) Notwithstanding subdivision (1) of this subsection, the Commissioner may enter into data sharing and protection agreements with researchers or state, regional, or national amyotrophic lateral sclerosis registries for bidirectional data exchange, provided access under such agreements is consistent with the privacy, security, and disclosure protections in this chapter. In the case of researchers, the Commissioner shall also first obtain evidence of the approval of their academic committee for the protection of human subjects established in accordance with 45 C.F.R. Part 46. The Commissioner shall disclose the minimum information necessary to accomplish a specified research purpose.
(b) The Department may disclose aggregated and deidentified information from the registry. (Added 2021, No. 149 (Adj. Sess.), § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 4A - Amyotrophic Lateral Sclerosis Registry › § 175. Annual report

§ 175. Annual report
Annually, on or before January 15, the Department shall submit a written report to the Governor, the House Committee on Human Services, and the Senate Committee on Health and Welfare containing the statewide prevalence and incidence estimates of amyotrophic lateral sclerosis, including any trends occurring over time across the State. Reports shall not contain information that directly or indirectly identifies an individual patient or health care provider. (Added 2021, No. 149 (Adj. Sess.), § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 4A - Amyotrophic Lateral Sclerosis Registry › § 176. Rulemaking

§ 176. Rulemaking
The Commissioner shall adopt rules pursuant to 3 V.S.A. chapter 25 to implement this chapter, including rules to govern the operation of the registry, data reported to the registry, and data release protocols. (Added 2021, No. 149 (Adj. Sess.), § 1, eff. July 1, 2023.)