reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 18 - Health › Chapter 38 - Lead Poisoning Prevention › § 1760. Presumption of lead-based paint; prohibited and unsafe work practices

§ 1760. Presumption of lead-based paint; prohibited and unsafe work practices
(a) All paint in target housing, child-occupied facilities, and pre-1978 public facilities, commercial facilities, and bridges or other superstructures is presumed to be lead-based unless the component affected by the RRPM activity is exempt pursuant to subsection (c) of this section. Unsafe work practices are prohibited and include the following, unless specifically authorized by the Department:
(1) Removing lead-based paint by:
(A) open flame burning or torching;
(B) use of heat guns operated above 1,100 degrees Fahrenheit;
(C) dry scraping or dry sanding;
(D) powered tools;
(E) hydro-blasting or high-pressure washing;
(F) abrasive blasting or sandblasting; and
(G) chemical stripping.
(2) Failing to employ one or more of the lead-safe work practice standards that the Commissioner shall adopt by rule.
(b) A person shall not use unsafe work practices in target housing, child-occupied facilities, pre-1978 public facilities, commercial facilities, and bridges or other superstructures.
(c) A component is exempt from this section if a written inspection report by a licensed lead-based paint inspector or lead-based paint inspector-risk assessor states that the component affected by an RRPM activity is free of lead-based paint and the owner or firm, or both, conducting the activity has been provided with a copy of the report. Removal of all paint from a component does not exempt the component from the requirements of this section. (Added 1995, No. 165 (Adj. Sess.), § 7; amended 2007, No. 176 (Adj. Sess.), § 31; 2017, No. 149 (Adj. Sess.), § 2, eff. October 21, 2022; 2019, No. 4 (Adj. Sess.), § 1, eff. October 21, 2022.)
2023 Vermont Statutes › Title 18 - Health › Chapter 38 - Lead Poisoning Prevention › § 1761. Duty of reasonable care; negligence; liability

§ 1761. Duty of reasonable care; negligence; liability
(a) An owner of rental target housing or a child care facility or an owner’s representative shall take reasonable care to prevent exposure to, and the creation of, lead hazards. In an action brought under this section, evidence of actions taken or not taken to satisfy the requirements of this chapter, including performing RRPM activities, may be admissible evidence of reasonable care or negligence.
(b) Any person who suffers an injury proximately caused by an owner’s breach of this duty of reasonable care shall have a cause of action to recover damages and for all other appropriate relief.
(c) The owner of rental target housing or a child care facility or the owner’s representative shall not be liable to a tenant of the housing or facility in an individual action for habitability under common law or pursuant to 9 V.S.A. chapter 63 or chapter 137, 10 V.S.A. chapter 153, or 12 V.S.A. chapter 169 for injury or other relief claimed to be caused by exposure to lead if, during the relevant time period, the owner is in compliance with section 1759 of this chapter and any of the following, should they exist:
(1) the specific recommendations of a lead-based paint risk assessment report provided by a lead-based paint inspector-risk assessor;
(2) any plan issued pursuant to section 1757 of this chapter; or
(3) any assurance of discontinuance, order of the Commissioner, or court order regarding lead hazards.
(d) The immunity under subsection (c) of this section shall not be available if:
(1) there was fraud in the RRPM compliance statement under section 1759 of this chapter; or
(2) the owner or owner’s representative did not follow the recommendations of a lead-based paint risk assessment report provided by a licensed lead-based paint inspector-risk assessor; or
(3) the owner or owner’s representative created or allowed for the creation of lead hazards during renovation, remodeling, maintenance, or repair; or
(4) the owner or the owner’s representative failed to respond in a timely fashion to notification that lead hazards may have recurred on the premises.
(e) A defendant in an action brought under this section or at common law has a right to seek contribution from any other person who may be responsible, in whole or in part, for the child’s blood lead level.
(f) Nothing in this section shall be construed to limit the right of the Commissioner or any agency or instrumentality of the State of Vermont to seek remedies available under any other provision of Vermont statutory law. (Added 1995, No. 165 (Adj. Sess.), § 8; amended 2007, No. 176 (Adj. Sess.), § 33; 2017, No. 149 (Adj. Sess.), § 2, eff. October 21, 2022.)
2023 Vermont Statutes › Title 18 - Health › Chapter 38 - Lead Poisoning Prevention › § 1762. Secured lenders and fiduciaries; liability

§ 1762. Secured lenders and fiduciaries; liability
(a) A person who holds indicia of ownership in rental target housing or a child care facility furnished by the owner or person in lawful possession, for the primary purpose of assuring repayment of a financial obligation, and who takes full legal title through foreclosure or deed in lieu of foreclosure or otherwise shall not be liable as an owner of the property for injury or loss claimed to be caused by exposure to lead of a child on the premises, provided that, on or before the 120th day after the date of possession, the person:
(1) performs RRPM activities as required by section 1759 of this chapter; and
(2) fully discloses to all potential purchasers, operators, or tenants of the property any information in the possession of such person or the person’s agents, regarding the presence of lead hazards or a lead-poisoned child on the property and, upon request, provides copies of all written reports on lead hazards to potential purchasers, operators, or tenants.
(b) The immunity provided in subsection (a) of this section shall expire 365 days after the secured lender or fiduciary takes full legal title.
(c) A person who holds legal title to rental target housing or a child care facility as an executor, administrator, trustee, or the guardian of the estate of the owner and demonstrates that in that fiduciary capacity the person does not have either the legal authority or the financial resources to fund capital or major property rehabilitation necessary to conduct RRPM activities shall not be personally liable as an owner for injury or loss caused by exposure of a child on the premises to lead. However, nothing in this section shall limit the liability of the trust estate for such claims and those claims may be asserted against the trustee as a fiduciary of the trust estate. (Added 1995, No. 165 (Adj. Sess.), § 9; amended 2017, No. 149 (Adj. Sess.), § 2, eff. October 21, 2022.)
2023 Vermont Statutes › Title 18 - Health › Chapter 38 - Lead Poisoning Prevention › § 1763. Public financial assistance; rental target housing and child care facilities

§ 1763. Public financial assistance; rental target housing and child care facilities
Every State agency or instrumentality that makes a commitment to provide public financial assistance for the purchase or rehabilitation of rental target housing or child care facilities shall give priority to projects in which the property is exempt pursuant to subsection 1759(e) of this chapter or lead hazards have been or will be identified and controlled and have passed or will pass an independent dust clearance test that determines that the property contains no lead-contaminated dust prior to occupancy or use. Priority rental target housing projects may include units occupied by severely lead-poisoned children and units in a building that are likely to contain lead hazards. As used in this section, “public financial assistance” means any grant, loan, or allocation of tax credits funded by the State or the federal government or any of their agencies or instrumentalities. (Added 1995, No. 165 (Adj. Sess.), § 10; amended 2017, No. 149 (Adj. Sess.), § 2, eff. October 21, 2022.)
2023 Vermont Statutes › Title 18 - Health › Chapter 38 - Lead Poisoning Prevention › § 1764. Lead inspectors; financial responsibility

§ 1764. Lead inspectors; financial responsibility
(a) The Commissioner shall require that a licensee or an applicant for a license under subsection 1752(e) of this chapter provide evidence of ability to indemnify properly a person who suffers damage from lead-based paint activities or RRPM activities such as proof of effective liability insurance coverage or a surety bond in an amount to be determined by the Commissioner, which shall not be less than $300,000.00. This section shall not restrict or enlarge the liability of any person under any applicable law.
(b) Owners of rental target housing who personally perform all work under this chapter on properties in which they have an interest shall be exempt from subsection (a) of this section. (Added 1995, No. 165 (Adj. Sess.), § 11; amended 2017, No. 149 (Adj. Sess.), § 2, eff. October 21, 2022; 2023, No. 47, § 46, eff. June 5, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 38 - Lead Poisoning Prevention › § 1765. Liability insurance

§ 1765. Liability insurance
(a) If the Commissioner of Financial Regulation determines that lead hazards have substantially diminished the availability of liability insurance for owners of rental target housing or child care facilities and that a voluntary market assistance plan will not adequately restore availability, the Commissioner shall order liability insurers to provide or continue to provide liability coverage or to participate in any other appropriate remedial program as determined by the Commissioner, provided the prospective insured is otherwise in compliance with the provisions of this chapter.
(b) A determination pursuant to subsection (a) of this section shall be made by the Commissioner after a hearing held in accordance with 3 V.S.A. chapter 25. Upon a finding that emergency action is required to protect the public health, safety, or welfare, the Commissioner shall issue an appropriate summary order pending completion of administrative proceedings. No order issued under this section may be stayed pending appeal. (Added 1995, No. 165 (Adj. Sess.), § 12; amended 1995, No. 180 (Adj. Sess.), § 38(a); 2011, No. 78 (Adj. Sess.), § 2, eff. April 2, 2012; 2017, No. 149 (Adj. Sess.), § 2, eff. October 21, 2022.)
2023 Vermont Statutes › Title 18 - Health › Chapter 38 - Lead Poisoning Prevention › § 1766. Enforcement; administrative penalties

§ 1766. Enforcement; administrative penalties
(a) A person who violates this chapter may be subject to an administrative penalty not to exceed $5,000.00 for each determination of a separate violation. If the Commissioner determines that a violation is continuing, each day’s continuance may be deemed a separate offense beginning from the date the violator is served with notice of the violation.
(b) The Commissioner may use the enforcement powers as set forth in chapter 3 of this title to enforce any violations of this chapter or of any related rules, permits, or orders issued. (Added 2017, No. 149 (Adj. Sess.), § 2, eff. October 21, 2022.)
2023 Vermont Statutes › Title 18 - Health › Chapter 38 - Lead Poisoning Prevention › § 1767. Transfer of ownership of target housing; RRPM compliance

§ 1767. Transfer of ownership of target housing; RRPM compliance
(a) Prior to the time a purchase and sale agreement for target housing is executed, the seller shall provide the buyer with materials approved by the Commissioner, including a lead hazard brochure and materials on other lead hazards in housing. The seller shall also provide a disclosure form that shall include any lead-based paint inspection or risk assessment report or letter of exemption, assurance of discontinuance, administrative order, or court order the terms of which are not completed and, if the property is rental target housing, verification that the RRPM was utilized pursuant to this chapter and that a current RRPM compliance statement has been filed with the Department.
(b) At the time of purchase of target housing, sellers and other transferors shall provide the buyer or transferee with any materials delineated in subsection (a) of this section not previously disclosed and a lead-safe renovation practices packet approved by the Commissioner and shall disclose any lead-based paint inspection or risk assessment report or letter of exemption, assurance of discontinuance, administrative order, or court order not disclosed pursuant to subsection (a) of this section the terms of which are not completed.
(c) No sale of rental target housing, building, or unit may occur if the building or unit is currently the subject of an assurance of discontinuance, administrative order, or court order unless the assurance or order is amended in writing to transfer to the buyer or other transferee all remaining obligations under the assurance or order.
(d) Prior to the time of purchase of rental target housing, the real estate agents, sellers, and other transferors of title shall provide the buyer or transferee with information approved by the Commissioner explaining RRPM obligations.
(e) A buyer or other transferee of title of rental target housing shall at the time of sale or transfer of ownership, or both, disclose this transfer to the Department.
(f) A buyer or other transferee of title to rental target housing who has purchased or received a building or unit that is not in full compliance with section 1759 of this chapter shall bring the rental target housing into compliance with section 1759 of this chapter within 60 days after the closing. Within the 60-day period, the buyer or transferee may submit a written request for an extension of time for compliance, which the Commissioner may grant in writing for a stated period of time for good cause only. Failure to comply with this subsection shall result in an administrative penalty in accordance with section 1766 of this chapter.
(g) Noncompliance with this section shall not affect marketability of title. (Added 2007, No. 176 (Adj. Sess.), § 34; amended 2017, No. 149 (Adj. Sess.), § 2, eff. October 21, 2022.)
2023 Vermont Statutes › Title 18 - Health › Chapter 38A - Chemicals of High Concern to Children › § 1771. Policy

§ 1771. Policy
It is the policy of the State of Vermont:
(1) to protect public health and the environment by reducing exposure of its citizens and vulnerable populations, such as children, to toxic chemicals, particularly when safer alternatives exist; and
(2) that the State attempt, when possible, to regulate toxic chemicals in a manner that is consistent with regulation of toxic chemicals in other states. (Added 2013, No. 188 (Adj. Sess.), § 2, eff. June 10, 2014.)
2023 Vermont Statutes › Title 18 - Health › Chapter 38A - Chemicals of High Concern to Children › § 1777. Chemicals of High Concern to Children Fund

§ 1777. Chemicals of High Concern to Children Fund
(a) The Chemicals of High Concern to Children Fund is established in the State Treasury, separate and distinct from the General Fund, to be administered by the Commissioner of Health. Interest earned by the Fund shall be credited to the Fund. Monies in the Fund shall be made available to the Department of Health and the Agency of Natural Resources to pay costs incurred in administration of the requirements of this chapter.
(b) The Chemicals of High Concern to Children Fund shall consist of:
(1) fees and charges collected under section 1775 of this chapter;
(2) private gifts, bequests, grants, or donations made to the State from any public or private source for the purposes for which the Fund was established; and
(3) such sums as may be appropriated by the General Assembly. (Added 2013, No. 188 (Adj. Sess.), § 2, eff. June 10, 2014.)
2023 Vermont Statutes › Title 18 - Health › Chapter 38A - Chemicals of High Concern to Children › § 1778. Confidentiality

§ 1778. Confidentiality
Information submitted to or acquired by the Department or the Chemicals of High Concern to Children Working Group under this chapter may be subject to public inspection or copying or may be published on the Department website, provided that trade secret information and confidential business information shall be exempt from public inspection and copying under 1 V.S.A. § 317(c)(9), and information otherwise designated confidential by law shall be exempt from public inspection and copying under 1 V.S.A. § 317(c)(1). It shall be the burden of the manufacturer to assert that information submitted under this chapter is a trade secret, confidential business information, or is otherwise designated confidential by law. When a manufacturer asserts under this section that the specific identity of a chemical of high concern to children in a children’s product is a trade secret, the Commissioner shall, in place of the specific chemical identity, post on the Department’s website the generic class or category of the chemical in the children’s product and the potential health effect of the specific chemical of high concern to children. (Added 2013, No. 188 (Adj. Sess.), § 2, eff. June 10, 2014.)
2023 Vermont Statutes › Title 18 - Health › Chapter 38A - Chemicals of High Concern to Children › § 1779. Violations; enforcement

§ 1779. Violations; enforcement
A violation of this chapter shall be considered a violation of the Consumer Protection Act in 9 V.S.A. chapter 63. The Attorney General has the same authority to make rules, conduct civil investigations, enter into assurances of discontinuance, and bring civil actions under 9 V.S.A. chapter 63, subchapter 1. Private parties shall not have a private right of action under this chapter. (Added 2013, No. 188 (Adj. Sess.), § 2, eff. June 10, 2014.)
2023 Vermont Statutes › Title 18 - Health › Chapter 39 - Cleaning Products in Schools › § 1782. Environmentally preferable cleaning products

§ 1782. Environmentally preferable cleaning products
(a) A distributor or manufacturer of cleaning products shall sell, offer for sale, or distribute to a school, school district, supervisory union, or procurement consortium only:
(1) environmentally preferable cleaning products utilized by the Department of Buildings and General Services under State contracts; or
(2) cleaning products certified as environmentally preferable by an independent third party.
(b) A person who contracts with a school, school district, or supervisory union to provide cleaning services for a school only shall use a cleaning product that meets the requirements of subdivisions (a)(1) and (2) of this section.
(c) Nothing in this chapter shall be construed to regulate the sale, use, or distribution of antimicrobial pesticides.
(d) A distributor or manufacturer of cleaning products shall provide a green cleaning training to each school district it provides with environmentally preferable cleaning products, provided the training is incurred at no cost to the school district. (Added 2011, No. 68 (Adj. Sess.), § 1a.)
2023 Vermont Statutes › Title 18 - Health › Chapter 39 - Cleaning Products in Schools › § 1783. Environmentally preferable air fresheners

§ 1783. Environmentally preferable air fresheners
(a) A distributor or manufacturer shall sell, offer for sale, or distribute air fresheners to a school, school district, supervisory union, or procurement consortium only if the air fresheners are certified as environmentally preferable by an independent third party.
(b) A person who contracts with a school, school district, or supervisory union to provide cleaning services for a school shall only use air fresheners that meet the requirements of subsection (a) of this section. (Added 2011, No. 68 (Adj. Sess.), § 1a.)
2023 Vermont Statutes › Title 18 - Health › Chapter 40 - Restrooms › § 1791. Definitions

§ 1791. Definitions
As used in this chapter:
(1) “Place of public accommodation” has the same meaning as in 9 V.S.A. § 4501.
(2) “Public building” has the same meaning as in 20 V.S.A. § 2730.
(3) “Single-user toilet facility” means a single-occupancy restroom with at least one water closet and with an outer door that can be locked by the occupant. (Added 2017, No. 127 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 18 - Health › Chapter 40 - Restrooms › § 1792. Single-user restrooms

§ 1792. Single-user restrooms
(a) Notwithstanding any other provision of law, any single-user toilet facility in a public building or place of public accommodation shall be made available for use by persons of any gender and designated for use by not more than one occupant at a time or for family or assisted use. A single-user toilet facility may be identified by a sign, provided that the sign marks the facility as a restroom and does not indicate any specific gender.
(b) The Commissioner of Public Safety may inspect for compliance under subsection (a) of this section during any inspection conducted pursuant to 20 V.S.A. § 2731(b) or 26 V.S.A. § 2173 or 2174. (Added 2017, No. 127 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 18 - Health › Chapter 40 - Restrooms › § 1793. Application of plumbing rules

§ 1793. Application of plumbing rules
(a) Notwithstanding the requirements of any plumbing code adopted by the Plumber’s Examining Board under 26 V.S.A. § 2173(a), a toilet facility may be designated for use by persons of any gender. No separate male or female facility is required if the total number of required plumbing fixtures is provided by toilet facilities designated for use by persons of any gender.
(b) When the total number of required plumbing fixtures in a plumbing code adopted by the Plumber’s Examining Board under 26 V.S.A. § 2173(a) is fixed separately for women and men, the Plumber’s Examining Board shall make rules consistent with this chapter to govern how plumbing fixtures in toilet facilities designated for use by persons of any gender shall contribute to the total number of plumbing fixtures required by the plumbing code. (Added 2017, No. 127 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 18 - Health › Chapter 41 - Survey and Construction › § 1801. Definitions

§ 1801. Definitions
As used in this chapter:
(1) [Repealed.]
(2) “The federal act” means Title VI of the Public Health Service Act (42 U.S.C. § 201 et seq.) as now and hereafter amended.
(3) “Hospital” includes public health centers and general, tuberculosis, mental, chronic disease, and other type of hospitals and related facilities, such as laboratories, out-patient departments, nurses’ homes and training facilities, and central service facilities, operated in connection with hospitals, but does not include any hospital furnishing primarily domiciliary care.
(4) “Medical facilities” means diagnostic or diagnostic and treatment centers, rehabilitation facilities and nursing homes as those terms are defined in the federal act, and such other medical facilities for which federal aid may be authorized under the federal act.
(5) “Nonprofit hospital” and “nonprofit medical facility” mean any hospital or medical facility owned and operated by one or more nonprofit corporations or associations, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.
(6) “Public health center” means a publicly owned facility for the provision of public health services, including related facilities such as laboratories, clinics, and administrative offices operated in connection with public health centers.
(7) “The Secretary of Health and Human Services” means the Secretary of Health and Human Services of the United States. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2023, No. 53, § 65, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 41 - Survey and Construction › § 1802. Powers of Commissioner of Health

§ 1802. Powers of Commissioner of Health
The Department shall constitute the sole agency of the State for the purpose of:
(1) making an inventory of existing hospitals and medical facilities, surveying the need for construction of hospitals and medical facilities, and developing a program of construction as provided in sections 1805-1807 of this title; and
(2) developing and administering a State plan for the construction of public and other nonprofit hospitals and medical facilities as provided in sections 1808-1814 of this title. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2023, No. 53, § 66, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 41 - Survey and Construction › § 1803. General powers and duties of Commissioner of Health

§ 1803. General powers and duties of Commissioner of Health
In carrying out the purposes of this chapter, the Commissioner is authorized and directed:
(1) to require such reports, make such inspections and investigations, and adopt such rules as it deems necessary;
(2) to provide such methods of administration, appoint personnel, and take such other action as may be necessary to comply with the requirements of the federal act and the regulations promulgated pursuant to the act;
(3) to procure, in its discretion, the temporary or intermittent services of experts or consultants or organizations thereof, by contract, when such services are to be performed on a part time or fee-for-service basis and do not involve the performance of administrative duties;
(4) to the extent that it considers desirable to effectuate the purposes of this chapter to enter into agreements for the utilization of the facilities and services of other departments, agencies, and institutions, public or private;
(5) to accept on behalf of the State and to deposit with the State Treasurer any grant, gift, or contribution made to assist in meeting the cost of carrying out the purposes of this chapter and to expend the same for such purposes;
(6) to do all other things on behalf of the State necessary to obtain full benefits under the federal act as now and hereafter amended. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2023, No. 6, § 128, eff. July 1, 2023; 2023, No. 53, § 67, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 41 - Survey and Construction › § 1805. Survey and planning activities

§ 1805. Survey and planning activities
The Commissioner is authorized and directed to make an inventory of existing hospitals and medical facilities, including public, nonprofit, and proprietary hospitals and medical facilities; to survey the need for construction of hospitals and medical facilities; and, on the basis of such inventory and survey, to develop a program for the construction of such public and other nonprofit hospitals and medical facilities as will, in conjunction with existing facilities, afford the necessary physical facilities for furnishing adequate hospital and medical facility services to all the people of the State. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2023, No. 53, § 68, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 41 - Survey and Construction › § 1806. Construction program

§ 1806. Construction program
The construction program shall provide, in accordance with the regulations prescribed under the federal act, for adequate hospital and medical facilities for the people residing in this State and, insofar as possible, shall provide for their distribution throughout the State in such manner as to make all types of hospital and medical facility services reasonably accessible to all persons in the State.
2023 Vermont Statutes › Title 18 - Health › Chapter 41 - Survey and Construction › § 1807. Application for federal funds for survey and planning; expenditure

§ 1807. Application for federal funds for survey and planning; expenditure
The Commissioner is authorized to make application to the Secretary of Health and Human Services for federal funds to assist in carrying out the survey and planning activities provided in this chapter. Such funds shall be deposited in the State Treasury and shall be available to the Commissioner for expenditure for carrying out the purposes of sections 1805– 1807 of this title. Any such funds received and not expended for such purposes shall be repaid to the Treasury of the United States. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2023, No. 53, § 69, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 41 - Survey and Construction › § 1808. State plan

§ 1808. State plan
The Commissioner shall prepare and submit to the Secretary of Health and Human Services a State plan that shall include the hospital and medical facilities construction program developed under sections 1805–1807 of this title and that shall provide for the establishment, administration, and operation of hospital and medical facilities construction activities in accordance with the requirements of the federal act and regulations promulgated pursuant to the act. The Commissioner shall, prior to the submission of such plan to the Secretary of Health and Human Services, give adequate publicity to a general description of all the provisions proposed to be included therein and hold a public hearing at which all persons or organizations with a legitimate interest in such plan may be given an opportunity to express their views. After approval of the plan by the Secretary of Health and Human Services, the Commissioner shall publish a general description of the provisions thereof in newspapers having general circulation in the State and shall make the plan or a copy thereof available upon request to all interested persons or organizations. The Commissioner shall, from time to time, review the construction program and submit to the Secretary of Health and Human Services any modifications to the program as the Commissioner may find necessary and may submit to the Secretary of Health and Human Services such modifications of the State plan, not inconsistent with the requirements of the federal act, as the Commissioner may deem advisable. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2023, No. 6, § 129, eff. July 1, 2023; 2023, No. 53, § 70, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 41 - Survey and Construction › § 1809. Minimum standards for hospital and medical facilities maintenance and operation

§ 1809. Minimum standards for hospital and medical facilities maintenance and operation
The Department shall, by rule, prescribe minimum standards for the maintenance and operation of hospitals and medical facilities that receive federal aid for construction under the State plan. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2023, No. 53, § 71, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 41 - Survey and Construction › § 1810. Priority of projects

§ 1810. Priority of projects
The State plan shall set forth the relative need for the several projects included in the construction program determined in accordance with regulations prescribed pursuant to the federal act, and provide for the construction, insofar as financial resources available therefor and for maintenance and operation make possible, in the order of such relative need.
2023 Vermont Statutes › Title 18 - Health › Chapter 41 - Survey and Construction › § 1811. Construction projects; applications

§ 1811. Construction projects; applications
Applications for hospital and medical facilities construction projects for which federal funds are requested shall be submitted to the Commissioner and may be submitted by the State or any political subdivision thereof or by any public or other nonprofit agency authorized to construct and operate a hospital or a medical facility, provided that no application for a diagnostic or treatment center shall be approved unless the applicant is (1) a State, political subdivision, or public agency, or (2) a corporation or association that owns and operates a nonprofit hospital. Each application for a construction project shall conform to federal and State requirements. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2023, No. 53, § 72, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 41 - Survey and Construction › § 1812. Consideration and forwarding of applications

§ 1812. Consideration and forwarding of applications
The Commissioner shall afford to every applicant for a construction project an opportunity for a fair hearing. If the Commissioner, after affording a reasonable opportunity for development and presentation of applications in the order of relative need, finds that a project application complies with the requirements of section 1811 of this title and is otherwise in conformity with the State plan, the Commissioner shall approve such application and shall recommend and forward it to the Secretary of Health and Human Services. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2023, No. 53, § 73, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 41 - Survey and Construction › § 1813. Inspection of projects

§ 1813. Inspection of projects
From time to time, the Department shall inspect each construction project approved by the Secretary of Health and Human Services, and, if the inspection so warrants, the Commissioner shall certify to the Secretary of Health and Human Services that work has been performed upon the project, or purchases have been made, in accordance with the approved plans and specifications, and that payment of an installment of federal funds is due to the applicant. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2023, No. 53, § 74, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 41 - Survey and Construction › § 1814. Hospital and Medical Facilities Construction Fund

§ 1814. Hospital and Medical Facilities Construction Fund
The Department is hereby authorized to receive federal funds in behalf of, and transmit them to, such applicants. There is hereby established, separate and apart from all public monies and funds of this State, the Hospital and Medical Facilities Construction Fund. Money received from the federal government for a construction project approved by the Secretary of Health and Human Services shall be deposited to the credit of this Fund and shall be used solely for payments due applicants for work performed, or purchases made, in carrying out approved projects. Warrants for all payments for the Hospital and Medical Facilities Construction Fund shall bear the signature of the Commissioner or the duly authorized agent of the Department for such purpose. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2023, No. 53, § 75, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 42 - Bill of Rights for Hospital Patients and Patient Access to Information › § 1851. Definitions

§ 1851. Definitions
As used in this subchapter:
(1) “Hospital” means a hospital required to be licensed under chapter 43 of this title.
(2) “Patient” means a person admitted to a hospital on an inpatient basis. (Added 1985, No. 163 (Adj. Sess.), § 1; amended 2019, No. 53, § 1.)
2023 Vermont Statutes › Title 18 - Health › Chapter 42 - Bill of Rights for Hospital Patients and Patient Access to Information › § 1854. Public access to information

§ 1854. Public access to information
(a) A hospital shall make public the maximum patient census and the number of registered nurses, licensed practical nurses, and licensed nursing assistants providing direct patient care in each unit during each shift. Each unit’s information shall be reported in full-time equivalents, with either every eight hours or 12 hours worked by a registered nurse, licensed practical nurse, or licensed nursing assistant during the shift as one full-time equivalent. The reporting of this information shall be in a manner consistent with the requirements for public reporting for measures of nurse staffing selected by the Commissioner of Health under subdivision 9405b(a)(4) of this title, but shall not in any way change what is required to be posted as set forth in this subsection. Each unit’s information shall be posted in a prominent place that is readily accessible to patients and visitors in that unit at least once each day. The posting shall include the information for the preceding seven days.
(b) The hospital shall provide a telephone number to the public for requesting public information, including information required under this section and sections 1852 and 9405b of this title. The information shall be provided within 24 hours of the request. (Added 2005, No. 153 (Adj. Sess.), § 3; amended 2007, No. 27, § 1, eff. May 16, 2007; 2011, No. 78 (Adj. Sess.), § 2, eff. April 2, 2012; 2015, No. 152 (Adj. Sess.), § 9.)
2023 Vermont Statutes › Title 18 - Health › Chapter 42 - Bill of Rights for Hospital Patients and Patient Access to Information › § 1855. Ambulatory surgical patients; explanation of charges

§ 1855. Ambulatory surgical patients; explanation of charges
(a) As used in this section:
(1) “Ambulatory surgical center” has the same meaning as in section 9432 of this title.
(2) “Hospital” means a hospital required to be licensed under chapter 43 of this title.
(b) A patient receiving outpatient surgical services or an outpatient procedure at an ambulatory surgical center or hospital shall receive an itemized, detailed, and understandable explanation of charges regardless of the source of payment and shall be provided with information about the ambulatory surgical center’s or hospital’s financial assistance and billing and collections practices. (Added 2019, No. 53, § 1.)
2023 Vermont Statutes › Title 18 - Health › Chapter 42A - Patient's Bill of Rights for Palliative Care and Pain Management › § 1871. Patient’s bill of rights for palliative care and pain management

§ 1871. Patient’s bill of rights for palliative care and pain management
(a) A patient has the right to be informed of all evidence-based options for care and treatment, including palliative care, in order to make a fully informed patient choice.
(b) A patient with a terminal illness has the right to be informed by a clinician of all available options related to terminal care; to be able to request any, all, or none of these options; and to expect and receive supportive care for the specific option or options available.
(c) A patient with pain has the right to request or reject the use of any or all treatments in order to relieve his or her pain.
(d) A patient with a chronic condition has the right to competent and compassionate medical assistance in managing his or her physical and emotional symptoms.
(e) A pediatric patient with a serious or life-limiting illness or condition has the right to receive palliative care while seeking and undergoing potentially curative treatment. (Added 2009, No. 25, § 3; amended 2013, No. 96 (Adj. Sess.), § 95.)
2023 Vermont Statutes › Title 18 - Health › Chapter 42B - Health Care Privacy › § 1881. Disclosure of protected health information prohibited

§ 1881. Disclosure of protected health information prohibited
(a) As used in this section:
(1) “Business associate” has the same meaning as in 45 C.F.R. § 160.103.
(2) “Covered entity” has the same meaning as in 45 C.F.R. § 160.103.
(3) “Legally protected health care activity” has the same meaning as in 1 V.S.A. § 150.
(4) “Protected health information” has the same meaning as in 45 C.F.R. § 160.103.
(5) “Telehealth” has the same meaning as in 26 V.S.A. § 3052.
(b) A covered entity or business associate shall not disclose protected health information unless the disclosure is permitted under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
(c) In order to protect patients and providers who engage in legally protected health care activity, a covered entity or business associate shall not disclose protected health information related to a legally protected health care activity for use in a civil or criminal action; a proceeding preliminary to a civil or criminal action; or a probate, legislative, or administrative proceeding unless the disclosure meets one or more of the following conditions:
(1) The disclosure is authorized by the patient or the patient’s conservator, guardian, or other authorized legal representative.
(2) The disclosure is specifically required by federal law, Vermont law, or rules adopted by the Vermont Supreme Court.
(3) The disclosure is ordered by a court of competent jurisdiction pursuant to federal law, Vermont law, or rules adopted by the Vermont Supreme Court. An order compelling disclosure under this subdivision shall include the court’s determination that good cause exists to require disclosure of the information related to legally protected health care activity.
(4) The disclosure is to be made to a person designated by the covered entity or business associate and will be used solely in the defense of the covered entity or business associate against a claim that has been made, or there is a reasonable belief will be made, against the covered entity or business associate in a civil or criminal action; a proceeding preliminary to a civil or criminal action; or a probate, legislative, or administrative proceeding.
(5) The disclosure is to Vermont’s Board of Medical Practice or Office of Professional Regulation, as applicable, in connection with a bona fide investigation in Vermont of a licensed, certified, or registered health care provider or a bona fide investigation of whether an individual who is not licensed, certified, or registered to practice a health care profession in Vermont engaged in unauthorized practice in this State, whether in person or through telehealth.
(6) The disclosure is to the Vermont Department of Health or the Vermont Department of Disabilities, Aging, and Independent Living, or both, in connection with a bona fide investigation of a licensed health care facility in Vermont. (Added 2015, No. 169 (Adj. Sess.), § 1, eff. Oct. 1, 2016; amended 2023, No. 15, § 14, eff. May 10, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 42B - Health Care Privacy › § 1882. Disclosures of protected health information to avert a serious risk of danger

§ 1882. Disclosures of protected health information to avert a serious risk of danger
(a) It is the intent of the General Assembly in this section to negate the Vermont Supreme Court’s decision in Kuligoski v. Brattleboro Retreat and Northeast Kingdom Human Services, 2016 VT 54A, and limit mental health professionals’ duty to that as established in common law by Peck v. Counseling Service of Addison County, Inc., 146 Vt. 61 (1985).
(b) A mental health professional’s duty is established in common law by Peck v. Counseling Service of Addison County, Inc. and requires that “a mental health professional who knows or, based upon the standards of the mental health profession, should know that his or her patient poses a serious risk of danger to an identifiable victim has a duty to exercise reasonable care to protect him or her from that danger.” This duty shall be applied in accordance with State and federal privacy and confidentiality laws.
(c) This section does not limit or restrict claims under State or federal law related to safe patient care, including federal discharge planning regulations within the Conditions of Participation for hospitals, patient care regulations for other federally certified facilities, the Emergency Medical Treatment and Active Labor Act of 1986, Pub. L. No. 99-272, professional licensing standards, or facility licensing standards.
(d) To the extent permitted under federal law, this section does not affect the requirements for mental health professionals to communicate with individuals involved in a patient’s care in a manner that is consistent with legal and professional standards, including section 7103 of this title. (Added 2017, No. 51, § 2, eff. May 30, 2017.)
2023 Vermont Statutes › Title 18 - Health › Chapter 42B - Health Care Privacy › § 1883. Disclosure of protected health information required

§ 1883. Disclosure of protected health information required
(a) When a law enforcement officer responds to an alleged crime committed by a patient at a hospital:
(1) an authorized representative of the hospital shall disclose to the law enforcement officer the following information before the officer removes the patient from the hospital:
(A) information that is sufficient to confirm whether the patient is stabilized, has been evaluated, or is awaiting inpatient care; and
(B) any other information that will be necessary for purposes of safely taking custody of the patient; and
(2) the law enforcement officer shall not remove the patient from the hospital if an authorized representative of the hospital informs the officer that the patient is not stabilized, has not yet been evaluated, or is awaiting inpatient care.
(b) When a law enforcement officer responds to an alleged crime committed by a patient at a scene where emergency medical treatment was or is being provided:
(1) a member of the emergency medical personnel who provided the treatment shall disclose to the law enforcement officer the following information before the officer removes the patient from the emergency medical treatment scene:
(A) information that is sufficient to confirm whether the patient is stabilized, has been evaluated, or is awaiting transport for health care; and
(B) any other information that will be necessary for purposes of safely taking custody of the patient; and
(2) the law enforcement officer shall not remove the patient from the emergency medical treatment scene if a member of the emergency medical personnel who provided the treatment informs the officer that the patient is not stabilized, has not yet been evaluated, or is awaiting transport for health care.
(c) As used in this section:
(1) “Emergency medical personnel” has the same meaning as in 24 V.S.A. § 2651(6).
(2) “Emergency medical treatment” has the same meaning as in 24 V.S.A. § 2651(9).
(3) “Hospital” has the same meaning as in subdivision 1902(1) of this title.
(4) “Stabilized” means that no material deterioration of the patient’s medical condition is likely, within reasonable medical probability, to result from or occur during the transport of the patient from the hospital or the emergency medical treatment scene. (Added 2023, No. 24, § 3, eff. May 30, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 43 - Licensing of Hospitals › § 1901. Policy

§ 1901. Policy
The purpose of this chapter is to provide for the development, establishment, and enforcement of standards for the construction, maintenance, and operation of hospitals, which, in the light of advancing knowledge, will promote safe and adequate treatment of persons in hospitals. (Amended 1963, No. 154, § 1.)
2023 Vermont Statutes › Title 18 - Health › Chapter 43 - Licensing of Hospitals › § 1903. License

§ 1903. License
No person or governmental unit may establish, conduct, or maintain a hospital in this State without first obtaining a license in accordance with this chapter. (Amended 1963, No. 154, § 3; 2017, No. 113 (Adj. Sess.), § 66.)
2023 Vermont Statutes › Title 18 - Health › Chapter 43 - Licensing of Hospitals › § 1904. Application, fee

§ 1904. Application, fee
(a) An application for a license shall be made to the licensing agency upon forms provided by it and shall contain such information as the licensing agency reasonably requires. Each application for license shall be accompanied by a license fee.
(b) Annual license fees.
(1) Base fee of $7,667.00.
(2) Per-bed fee of $25.00.
(3) The base fee for applicants presenting evidence of current accreditation by the Joint Commission on Accreditation of Health Care Organizations shall be reduced by $2,750.00.
(c) Fees collected under this section shall be credited to a special fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and shall be available to the Department to offset the costs of providing those services. (Amended 1963, No. 154, § 4; 2003, No. 163 (Adj. Sess.), § 2; 2007, No. 76, § 14; 2009, No. 134 (Adj. Sess.), § 26.)