reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 18 - Health › Chapter 21 - Communicable Diseases › § 1008. Vaccines, antibiotics, antiserums, and other agents; purchase and distribution; penalties

§ 1008. Vaccines, antibiotics, antiserums, and other agents; purchase and distribution; penalties
(a) The Department is authorized to procure vaccines, antibiotics, antiserums, and such other agents as may be necessary for the prevention and diagnosis of infectious and communicable diseases or diseases of public health significance in which there is an unmet need and to distribute same free of charge upon application thereof by licensed physicians, and under such rules as the Department and Secretary of Human Services may prescribe; and the expense thereof shall be paid by the State.
(b) A person selling or disposing of any vaccine, antibiotic, antiserum, or other agent procured or distributed under the provisions of this section for personal gain shall be fined not more than $50.00 or less than $10.00 for each such offense. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1961, No. 51,§§ 1, 2; 1979, No. 60, § 4; 2017, No. 113 (Adj. Sess.), § 57.)
2023 Vermont Statutes › Title 18 - Health › Chapter 21 - Communicable Diseases › § 1010. Ophthalmia neonatorum

§ 1010. Ophthalmia neonatorum
The Department and the Secretary of Human Services may make such rules as they deem necessary for the prevention of blindness caused by the disease known as ophthalmia neonatorum, and they may furnish, at the expense of the State, such prophylactic outfits as are necessary for the use of physicians. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1979, No. 60, § 5; 2017, No. 113 (Adj. Sess.), § 58.)
2023 Vermont Statutes › Title 18 - Health › Chapter 21 - Communicable Diseases › § 1041. Reports by physicians and certain others

§ 1041. Reports by physicians and certain others
A physician who is consulted by a person infected with tuberculosis in any form shall submit the name and address of such person to the Commissioner upon such forms as he or she may furnish, with such other facts as may be required, within one week after such consultation. (Amended 1969, No. 101, § 1, eff. April 19, 1969.)
2023 Vermont Statutes › Title 18 - Health › Chapter 21 - Communicable Diseases › § 1042. Record of cases; instructions

§ 1042. Record of cases; instructions
The Commissioner shall keep an accurate record of cases reported as provided in sections 1007 and 1041 of this title. Upon being notified of a case mentioned in sections 1007 and 1041 of this title, the Commissioner shall take such action as the Commissioner deems necessary for the protection of the public and the individual’s health. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2023, No. 53, § 49, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 21 - Communicable Diseases › § 1043. Investigation; educational campaign; report

§ 1043. Investigation; educational campaign; report
The Commissioner shall investigate the prevalence and extent of tuberculosis and other chronic respiratory diseases in the State and shall adopt and make use of means for educating the people of the State in respect to the causes and nature of these diseases, means for their prevention and treatment, and in respect to the best method of preventing and limiting the prevalence of these diseases. Such educational campaign shall be carried on in such manner as the Commissioner deems proper to disseminate the facts in regard to these diseases. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1969, No. 101, § 2, eff. April 19, 1969; 2023, No. 53, § 50, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 21 - Communicable Diseases › § 1047. Indigent persons with respiratory diseases

§ 1047. Indigent persons with respiratory diseases
Persons who have tuberculosis and other chronic respiratory diseases, who are without the means to obtain adequate care and treatment for such diseases, shall be deemed indigent persons for the purposes of this subchapter. (Amended 1965, No. 5, § 1; 1969, No. 101, § 3, eff. April 19, 1969; 2013, No. 96 (Adj. Sess.), § 92.)
2023 Vermont Statutes › Title 18 - Health › Chapter 21 - Communicable Diseases › § 1048. Examination; report; treatment

§ 1048. Examination; report; treatment
A physician, licensed to practice medicine and surgery in the State, shall immediately after examination of an indigent person wishing treatment for tuberculosis or other chronic respiratory disease make a report of the physician’s findings to the Commissioner of Health. Upon receipt of such report, the Commissioner may authorize treatment of the person who has tuberculosis or other chronic respiratory disease. Such person’s physician shall then prescribe the time of treatment and designate the facility at which treatment shall be given; provided, however, that in a case of tuberculosis suspected of being infectious, the Commissioner may apply all the laws and rules of communicable disease control. (Amended 1969, No. 101, § 4, eff. April 19, 1969; 2013, No. 96 (Adj. Sess.), § 92; 2023, No. 6, § 109, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 21 - Communicable Diseases › § 1051. Tuberculosis treatment facilities

§ 1051. Tuberculosis treatment facilities
The Commissioner shall approve facilities in the State where indigent persons may be treated for tuberculosis under this subchapter. The Commissioner shall determine to the Commissioner’s satisfaction that all such facilities furnish adequate and proper tuberculosis treatment. Treatment for other chronic respiratory diseases under this subchapter may be given at any accredited hospital. (Amended 1959, No. 190, § 2; 1966, No. 22 (Sp. Sess.), § 1; 1969, No. 101, § 6, eff. April 19, 1969; 2023, No. 53, § 51, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 21 - Communicable Diseases › § 1053. Treatment and care of patients

§ 1053. Treatment and care of patients
The Secretary of Human Services may provide for treatment and care of tuberculosis and chronic respiratory disease patients at facilities designated by him or her. (Amended 1965, No. 5, § 2; 1966, No. 22 (Sp. Sess.), § 2; 1969, No. 101, § 7, eff. April 19, 1969; 1973, No. 89, § 2.)
2023 Vermont Statutes › Title 18 - Health › Chapter 21 - Communicable Diseases › § 1054. Tuberculosis clinic and treatment program

§ 1054. Tuberculosis clinic and treatment program
(a) The Department shall visit all newly reported cases or suspect cases of tuberculosis with periodic follow-up visits as deemed necessary.
(b) The Department shall provide for:
(1) prompt examination of all suspects and contacts;
(2) chemotherapeutic treatment of all active cases attending this clinic; and hospitalization in accordance with sections 1047-1051 of this title;
(3) chemotherapy for converters and inactive cases;
(4) the reevaluation and reexamination of inactive cases as medically indicated. (Added 1961, No. 270, §§ 1-3, eff. Aug. 1, 1961; amended 1973, No. 89, § 3; 1997, No. 147 (Adj. Sess.), § 272.)
2023 Vermont Statutes › Title 18 - Health › Chapter 21 - Communicable Diseases › § 1055. Tuberculosis; compulsory examinations

§ 1055. Tuberculosis; compulsory examinations
When the Commissioner of Health has reasonable cause to believe that any person has tuberculosis in an active stage or in a communicable form, the Commissioner may request the person to undergo an examination at a clinic or hospital approved by the Secretary of Human Services for that purpose at the expense of the State by a physician qualified in chest diseases. If the person refuses the examination, the Commissioner may petition the Superior Court for the unit where the person resides for an order requiring the person to submit to examination. When the court finds that there is reasonable cause to believe that the person has tuberculosis in an active stage or in a communicable form, it may order the person to be examined. (Added 1967, No. 49, § 1; amended 1973, No. 89, § 4; 2009, No. 154 (Adj. Sess.), § 144.)
2023 Vermont Statutes › Title 18 - Health › Chapter 21 - Communicable Diseases › § 1056. Nature of examination; findings

§ 1056. Nature of examination; findings
The examination shall be in the manner and form prescribed by the Commissioner of Health. It may include taking of an x-ray of the chest and enough microscopical examinations and cultures to permit completion of diagnosis. The findings of the examination shall be reported in full to the Commissioner of Health who shall furnish copies thereof to the person examined. (Added 1967, No. 49, § 2.)
2023 Vermont Statutes › Title 18 - Health › Chapter 21 - Communicable Diseases › § 1057. Medical management

§ 1057. Medical management
(a) When the Commissioner of Health determines, as a result of an examination as provided by sections 1055 and 1056 of this title, that any person has tuberculosis in an active stage and in communicable form to an extent that the person may expose other persons or the public generally to danger of infection, the Commissioner shall investigate the circumstances thereof and if the Commissioner finds that the person does constitute a health hazard to the public, the Commissioner may request the court to order the person to a hospital or other suitable place and require appropriate medical management of the person until the Commissioner determines that the management is no longer necessary. Such medical care and treatment as the Commissioner of Health considers necessary and proper may be furnished to the sick person at the expense of the State. Treatment shall not be imposed on any person against the person’s will unless the Commissioner determines that the person constitutes a public health hazard without such treatment.
(b) Nothing in sections 1055 to 1061 of this title shall be construed to compel any person who is being treated by prayer or spiritual means alone in accordance with the tenets and practice of a well-recognized church or religious denomination by a duly accredited practitioner to be medically managed in a place to which he or she objects as long as suitable healing methods or isolation can be maintained in a place of his or her own choosing, provided that he or she does not constitute a public health hazard as determined by the Commissioner, and that all sanitation rules are complied with. (Added 1967, No. 49, § 3; amended 1973, No. 89, § 5; 2013, No. 96 (Adj. Sess.), § 92; 2017, No. 113 (Adj. Sess.), § 59; 2023, No. 6, § 110, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 21 - Communicable Diseases › § 1058. Compulsory medical management

§ 1058. Compulsory medical management
If any person fails or refuses to comply with an order of the court issued under section 1057 of this title, the Commissioner of Health, in accordance with the order, may request any police officer or sheriff in writing to take the person into custody and immediately deliver the person to a place or facility for such services as designated by the Secretary of Human Services as provided in sections 1053 and 1055 of this title. The officer shall tender the person named in the order a copy of the order of the court and of the request to the officer to apprehend and deliver the person to the place of tuberculosis management, and shall make return of the officer’s doings to the court. (Added 1967, No. 49, § 4; amended 1973, No. 89, § 6; 2023, No. 6, § 111, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 21 - Communicable Diseases › § 1059. Leaving compulsory medical management

§ 1059. Leaving compulsory medical management
A person who is managed by order of the court shall not leave the place of compulsory medical management without the permission in writing of the court or the Commissioner of Health. That permission may constitute a final discharge or be for a specified period of time. In either case the Commissioner of Health may impose such conditions as the Commissioner considers reasonable, including requirements for periodic examinations. Any person so managed who leaves the place of management without permission, or who fails to return to the place of management within the time prescribed, may be returned to the place of management without further court order and the Commissioner of Health may direct any officer specified in section 1058 of this title, in writing, to apprehend the person and immediately return the person to the place of management. (Added 1967, No. 49, § 5; amended 1973, No. 89, § 7; 2023, No. 6, § 112, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 21 - Communicable Diseases › § 1060. Rights of a person in compulsory medical management

§ 1060. Rights of a person in compulsory medical management
Any person in compulsory medical management by order of the court who believes his or her physical condition is such as to warrant his or her discharge, if the discharge is refused by the Commissioner of Health, is entitled to a physical examination by a qualified physician of his or her own choice. If as a result of examination the physician feels that the continued compulsory medical management is no longer justified and the Commissioner of Health does not concur in that opinion, the person may appeal by petition to the court issuing the original order for his or her compulsory medical management. Proceedings before the court shall be de novo, and the court may require such further examination as it considers necessary and may, in its discretion, at the expense of the State appoint no less than three independent physicians, at least one of whom shall have had special experience in respiratory diseases, to examine the person. At the conclusion of the proceedings, the court shall make findings of fact and issue such order as it considers proper. The order of the court may be appealed to the Supreme Court in the manner provided by law for appeals from a Criminal Division of the Superior Court generally. A person may not petition for release from medical management within six months from the date a court order is made, whether an appeal is taken or not. (Added 1967, No. 49, § 6; amended 1973, No. 89, § 8; 2009, No. 154, § 238.)
2023 Vermont Statutes › Title 18 - Health › Chapter 21 - Communicable Diseases › § 1061. Construction with other laws

§ 1061. Construction with other laws
Sections 1055-1060 of this title are in addition to any other statutes relating to communicable diseases generally or to tuberculosis specifically and shall not abrogate or repeal those other statutes unless in direct conflict therewith, in which case the provisions of such sections shall control. (Added 1967, No. 49, § 7.)
2023 Vermont Statutes › Title 18 - Health › Chapter 21 - Communicable Diseases › § 1091. Venereal diseases; definitions

§ 1091. Venereal diseases; definitions
As used in this subchapter, unless the context requires otherwise:
(1) “Authoritative source” means a physician licensed in the State, superintendent of a State institution or private hospital, medical officers of the armed forces of the State or United States, State and territorial health officers, and personnel of the Department of Health designated by the Commissioner of Health.
(2) “Venereal disease” means syphilis, gonorrhea, and any other sexually transmitted disease that the Department finds to be of significance and amenable to control. (Amended 1967, No. 7, § 1; 1979, No. 60, § 6; 2023, No. 53, § 52, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 21 - Communicable Diseases › § 1091a. Venereal diseases; control

§ 1091a. Venereal diseases; control
Venereal diseases are contagious, infectious, communicable, and dangerous to public health. Protection of the public requires the identification and treatment of persons infected by those diseases. (Added 1967, No. 7, § 2.)
2023 Vermont Statutes › Title 18 - Health › Chapter 21 - Communicable Diseases › § 1092. Treatments; refusal; penalty

§ 1092. Treatments; refusal; penalty
A physician or other person, except persons who merely practice the religious tenets of their church without pretending a knowledge of medicine or surgery, provided, however, that sanitary laws, rules, and regulations are complied with, who knows or has reason to believe that a person whom he or she treats or prescribes for, or to whom he or she sells patent or proprietary medicine purporting to cure or alleviate the symptoms of gonorrhea or syphilis, has one of these diseases, shall immediately report the name, nationality, race, marital state, address, age, and sex of such person, and, if obtainable, the date and source of contracting the same, to the Commissioner on forms furnished for that purpose. Such persons so reported shall submit to regular treatment prescribed by a physician until discharged by the physician. A person who willfully refuses to regularly submit to prescribed treatment shall be reported at once to the State’s Attorney for immediate prosecution. Such willful refusal shall be punishable by a fine of not more than $100.00 or three months’ imprisonment, or both.
2023 Vermont Statutes › Title 18 - Health › Chapter 21 - Communicable Diseases › § 1093. Examination and report

§ 1093. Examination and report
Whenever the Commissioner shall receive information from an authoritative source to the effect that a person is suspected of being infected with an infectious venereal disease and is likely to infect or to be the source of infection of another person, the Commissioner shall cause a medical examination to be made of such person, for the purpose of ascertaining whether or not such person is in fact infected with such disease in a communicable stage, and such person shall submit to such examination and permit specimens of blood or bodily discharges to be taken for laboratory examinations as may be necessary to establish the presence or absence of such disease or infection, and such person may be detained until the results of such examinations are known. The required examination shall be made by a physician licensed to practice in this State, or a licensed physician designated by the person to be examined. Such licensed physician making such examination shall report thereon to the Commissioner and to the person examined. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1973, No. 89, § 9; 2023, No. 53, § 53, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 21 - Communicable Diseases › § 1094. Restraining order

§ 1094. Restraining order
Such suspected person may by petition directed to a Justice of the Supreme Court or a Superior judge pray for an order restraining the making of such examination and no examination shall then be made except upon order of such Justice or judge, and such petition and order shall not be a matter of public record. Before such examination, each suspected person shall be informed of this right and be given an opportunity to avail himself or herself thereof.
2023 Vermont Statutes › Title 18 - Health › Chapter 21 - Communicable Diseases › § 1095. Treatment of partner of patient diagnosed with a sexually transmitted disease

§ 1095. Treatment of partner of patient diagnosed with a sexually transmitted disease
(a) As used in this section:
(1) “Expedited partner treatment” means the practice of treating the sexual partner or partners of a patient diagnosed with a sexually transmitted disease for the sexually transmitted disease by providing a prescription or medication to the patient for the sexual partner or partners without the prescribing or dispensing health care professional examining the sexual partner or partners.
(2) “Health care professional” means a physician licensed pursuant to 26 V.S.A. chapter 23 or 33, a physician assistant certified to prescribe and dispense prescription drugs pursuant to 26 V.S.A. chapter 31, or a nurse authorized to prescribe and dispense prescription drugs pursuant to 26 V.S.A. chapter 28.
(b) A health care professional may provide expedited partner treatment to a patient’s sexual partner or partners for the treatment of a sexually transmitted disease designated by the Commissioner by rule.
(c) A health care professional who prescribes or dispenses prescription drugs for a patient’s sexual partner or partners without an examination pursuant to subsection (b) of this section shall do so in accordance with guidance published by the Commissioner and shall include with each prescription and medication dispensed a letter that:
(1) cautions the sexual partner not to take the medication if he or she is allergic to the medication prescribed or dispensed; and
(2) recommends that the sexual partner visit a health care professional for evaluation.
(d) The Commissioner shall establish by rule additional treatment standards for expedited partner treatment and authorize expedited partner treatment for any sexually transmitted diseases, provided that expedited partner treatment for those diseases conforms to the best practice recommendations of the Centers for Disease Control and Prevention. (Added 2013, No. 42, § 1; amended 2013, No. 42, § 2, eff. March 1, 2014.)
2023 Vermont Statutes › Title 18 - Health › Chapter 21 - Communicable Diseases › § 1097. Educational campaign

§ 1097. Educational campaign
The Commissioner shall conduct an educational campaign of methods for the prevention and treatment and care of persons who have venereal diseases. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2013, No. 96 (Adj. Sess.), § 92; 2023, No. 53, § 54, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 21 - Communicable Diseases › § 1098. Examination and treatment by board

§ 1098. Examination and treatment by board
The Commissioner shall provide at the expense of the State facilities for the free laboratory examination of material from suspected cases of venereal disease, and shall furnish hospitalization and other accredited specific treatment at cost or free to such clinical patients as the Commissioner shall deem entitled to such aid. Payment for diagnosis and treatment shall not be furnished until the report required by section 1093 of this title has been made. The Commissioner shall include, in bulletins or circulars distributed by the Department, information concerning such diseases. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1973, No. 89, § 10; 2023, No. 53, § 55, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 21 - Communicable Diseases › § 1099. Reports and records confidential

§ 1099. Reports and records confidential
All information and reports in connection with persons who have venereal diseases shall be regarded as absolutely confidential and for the sole use of the Department in the performance of the Commissioner’s duties under this chapter, and such records shall not be accessible to the public nor shall such records be deemed public records, and the Commissioner shall not disclose the names or addresses of persons so reported or treated except to a prosecuting officer or in court in connection with a prosecution under section 1105 or 1106 of this title. The foregoing shall not constitute a restriction on the Commissioner in the performance of the Commissioner’s duties in controlling these communicable diseases. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2013, No. 96 (Adj. Sess.), § 92; 2023, No. 6, § 113, eff. July 1, 2023; 2023, No. 53, § 56, eff. June 30, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 21 - Communicable Diseases › § 1100. Rules

§ 1100. Rules
The Commissioner shall make and enforce such rules for the quarantining and treatment of cases of venereal disease reported to the Commissioner as may be deemed necessary for the protection of the public. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2017, No. 113 (Adj. Sess.), § 60; 2023, No. 53, § 57, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 21 - Communicable Diseases › § 1101. Reports by public institutions

§ 1101. Reports by public institutions
The superintendent or other officer in charge of public institutions such as hospitals, dispensaries, clinics, homes, psychiatric hospitals, and charitable and correctional institutions shall report promptly to the Commissioner the name, sex, age, nationality, race, marital state, and address of every patient under observation who has venereal diseases in any form, stating the name, character, stage, and duration of the infection, and, if obtainable, the date and source of contracting the same. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2013, No. 96 (Adj. Sess.), § 92; 2023, No. 53, § 58, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 21 - Communicable Diseases › § 1102. Taking blood samples

§ 1102. Taking blood samples
A practitioner of medicine and surgery or osteopathy attending a pregnant individual shall take samples of blood of such individual, if possible prior to the third month of gestation, and submit the same to a laboratory approved by the Commissioner for a standard serological test for syphilis. Every other person permitted by law to take blood tests shall similarly cause a sample of blood of a pregnant individual attended by the person to be taken by a duly licensed practitioner of medicine and surgery or osteopathy and submit it to a laboratory approved by the Commissioner for a standard serological test for syphilis. (Amended 1959, No. 19, eff. March 5, 1959; 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2023, No. 53, § 59, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 21 - Communicable Diseases › § 1103. Birth certificate; serological test

§ 1103. Birth certificate; serological test
A person required by section 5071 of this title to file a report of birth shall state on the report whether a blood test for syphilis has been made upon a sample of blood taken from the woman who bore the child named in the report and if so shall state the date on which the test was made. In case no such blood test has been made, such fact shall be stated in the report with the reason why such test has not been made. In no event shall the birth certificate state the result of the serological test for syphilis made pursuant to the provisions of this section and section 1102 of this title. (Amended 2017, No. 46, § 8, eff. July 1, 2019; 2017, No. 113 (Adj. Sess.), § 61.)
2023 Vermont Statutes › Title 18 - Health › Chapter 21 - Communicable Diseases › § 1104. Serological test; definition

§ 1104. Serological test; definition
A standard serological test shall be a test for syphilis approved by the Commissioner and shall be performed on request by the State laboratory or at a laboratory approved for this purpose by the Commissioner. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2023, No. 53, § 60, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 21 - Communicable Diseases › § 1105. Marrying when infected with venereal disease

§ 1105. Marrying when infected with venereal disease
A person, having been told by a physician that he or she was infected with gonorrhea or syphilis in a stage that is or may become communicable to a marital partner, or knowing that he or she is so infected, who marries, without assurance and certification from a legally qualified practitioner of medicine and surgery or osteopathy that he or she is free from such disease in a stage that is or may become communicable to the marital partner shall be imprisoned not less than two years or fined not less than $500.00, or both.
2023 Vermont Statutes › Title 18 - Health › Chapter 21 - Communicable Diseases › § 1106. Sexual intercourse when infected with venereal disease

§ 1106. Sexual intercourse when infected with venereal disease
A person who has sexual intercourse while knowingly infected with gonorrhea or syphilis in a communicable stage shall be imprisoned not more than two years or fined not more than $500.00, or both. (Amended 1973, No. 89, § 11; 1981, No. 223 (Adj. Sess.), § 23.)
2023 Vermont Statutes › Title 18 - Health › Chapter 21 - Communicable Diseases › § 1120. Definitions

§ 1120. Definitions
As used in this subchapter:
(1) “Child care facility” means a child care facility or family day care home licensed or registered under 33 V.S.A. chapter 35, unless exempted by rule adopted under section 1123 of this title.
(2) “School” means a public or independent prekindergarten, kindergarten, elementary, or secondary school, or any postsecondary school as defined in 16 V.S.A. § 176(b), unless exempted by rule adopted pursuant to section 1123 of this title. (Added 1979, No. 40; amended 1981, No. 18, § 1; 1993, No. 75, § 1; 2007, No. 204 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 18 - Health › Chapter 21 - Communicable Diseases › § 1121. Immunizations required prior to attending school and child care facilities

§ 1121. Immunizations required prior to attending school and child care facilities
(a) No person may enroll as a student in a Vermont school, regardless of whether the student has been enrolled in the school during a previous school year, unless the appropriate school official has received a record or certificate of immunization issued by a licensed health care practitioner or a health clinic that the person has received required immunizations appropriate to age as specified by the Vermont Department of Health.
(b) No person may enroll or retain a child in a child care facility, regardless of whether the child has been enrolled in the facility during a previous year, unless the facility has received a record or certificate of immunization issued by a licensed health care practitioner or a health clinic that the child has received required immunizations in the prior 12-month period appropriate to age as specified by the Vermont Department of Health.
(c)(1) To the extent permitted under 20 U.S.C. § 1232g (family educational and privacy rights), and any regulations adopted pursuant to 20 U.S.C. § 1232g, all schools and child care facilities shall make publicly available the aggregated immunization rates of the student body for each required immunization using a standardized form that shall be created by the Department. Each school and child care facility shall provide the information on the school and child care facility’s aggregated immunization rate for each required immunization to students, or in the case of a minor to parents and guardians, at the start of each academic year and to any student, or in the case of a minor to the parent or guardian of any student, who transfers to the school or child care facility after the start of the academic year. A student attending a postsecondary school shall directly receive information on the school’s aggregated immunization rate at the start of the academic year or upon transfer to the school, regardless of whether the student is a minor.
(2) Each school and child care facility shall annually, on or before January 1, submit its standardized form containing the student body’s aggregated immunization rates to the Department.
(3) Notwithstanding section 1120 of this title, as used in this subsection only, the term “child care facility” shall exclude a family day care home licensed or registered under 33 V.S.A. chapter 35. (Added 1979, No. 40; amended 1981, No. 18, § 2; 2007, No. 204 (Adj. Sess.), § 6; 2011, No. 157 (Adj. Sess.), § 1; 2013, No. 34, § 12; 2015, No. 37, § 3; 2023, No. 6, § 114, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 21 - Communicable Diseases › § 1122. Exemptions

§ 1122. Exemptions
(a) Notwithstanding subsections 1121(a) and (b) of this title, a person may remain in school or in a child care facility without a required immunization:
(1) If the person or, in the case of a minor, the person’s parent or guardian presents a form created by the Department and signed by a licensed health care practitioner authorized to prescribe vaccines or a health clinic stating that the person is in the process of being immunized. The person may continue to attend school or a child care facility for up to six months while the immunization process is being accomplished.
(2) If a licensed health care practitioner who is authorized to prescribe vaccines certifies in writing that a specific immunization is or may be detrimental to the person’s health. A certifying health care practitioner shall specify the required immunization in question as well as the probable duration of the condition or circumstance that is or may be detrimental to the person’s health. Any exemption certified under this subdivision shall terminate when the condition or circumstance cited no longer applies.
(3) If the person or, in the case of a minor, the person’s parent or guardian annually provides a signed statement to the school or child care facility on a form created by the Department that the person, parent, or guardian:
(A) holds religious beliefs opposed to immunization; and
(B) has reviewed evidence-based educational material provided by the Department regarding immunizations, including:
(i) information about the risks of adverse reactions to immunization;
(ii) information that failure to complete the required vaccination schedule increases risk to the person and others of contracting or carrying a vaccine-preventable infectious disease; and
(iii) information that there are persons with special health needs attending schools and child care facilities who are unable to be vaccinated or who are at heightened risk of contracting a vaccine-preventable communicable disease and for whom such a disease could be life-threatening.
(b) The Department of Health may provide by rule for further exemptions to immunization based upon sound medical practice.
(c) A form signed pursuant to subdivision (a)(3) of this section and the fact that such a form was signed shall not be:
(1) construed to create or deny civil liability for any person; or
(2) admissible as evidence in any civil proceeding.
(d) As used in this section, “health care practitioner” means a person licensed by law to provide professional health care services to an individual during the course of that individual’s medical care or treatment. (Added 1979, No. 40; amended 1981, No. 18, § 3; 2007, No. 204 (Adj. Sess.), § 7; 2011, No. 157 (Adj. Sess.), § 2; 2015, No. 37, § 4, eff. July 1, 2016.)
2023 Vermont Statutes › Title 18 - Health › Chapter 21 - Communicable Diseases › § 1123. Immunization rules

§ 1123. Immunization rules
The Department shall adopt rules for administering this subchapter. Such rules shall be developed in consultation with the Agency of Education with respect to immunization requirements for Vermont schools, and in consultation with the Department for Children and Families with respect to immunization requirements for child care facilities. Such rules shall list which immunizations shall be required and the manner and frequency of their administration, and may provide for exemptions as authorized by this subchapter. (Added 1979, No. 40; amended 2007, No. 204 (Adj. Sess.), § 8; 2013, No. 92 (Adj. Sess.), § 256, eff. Feb. 14, 2014; 2015, No. 37, § 5; 2017, No. 74, § 26.)
2023 Vermont Statutes › Title 18 - Health › Chapter 21 - Communicable Diseases › § 1124. Access to and reporting of immunization records

§ 1124. Access to and reporting of immunization records
(a) In addition to any data collected in accordance with the requirements of the Centers for Disease Control and Prevention, the Department shall annually collect from schools the immunization rates for at least those students in the first and eighth grades for each required vaccine. The data collected by the Department shall include the number of medical and religious exemptions filed for each required vaccine and the number of students with a provisional admittance.
(b) Appropriate health personnel, including school nurses, shall have access to immunization records of anyone enrolled in Vermont schools or child care facilities, when access is required in the performance of official duties related to the immunizations required by this subchapter. Access to student immunization records shall only be provided with the prior written consent of parents and students as required by the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, and any regulations adopted pursuant to 20 U.S.C. § 1232g. (Added 1979, No. 40; amended 1981, No. 18, § 4; 2007, No. 204 (Adj. Sess.), § 9; 2011, No. 157 (Adj. Sess.), § 3; 2015, No. 37, § 6, eff. July 1, 2016; 2023, No. 6, § 115, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 21 - Communicable Diseases › § 1126. Noncompliance

§ 1126. Noncompliance
The school board of each district, or the board of trustees of each independent school, or the chief executive officer of each postsecondary school, or the director of each child care facility shall exclude from school or a child care facility any person not otherwise exempted under this subchapter who fails to comply with its provisions. No person shall be excluded for failure to comply with the provisions of this subchapter unless there has been a notification by the appropriate school or child care facility authority to the person, or in the case of a minor to the person’s parent or guardian of the noncompliance with this subsection, and of their rights under section 1122 of this title. In the event of exclusion, school officials or the director of the child care facility shall notify the Department of Health and contact the parents or guardians in an effort to secure compliance with the requirements of this subchapter so that the person may attend school or the child care facility. (Added 1979, No. 40; amended 1981, No. 18, § 5; 1993, No. 75, § 2; 2007, No. 204 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 18 - Health › Chapter 21 - Communicable Diseases › § 1127. Discrimination and testing prohibited

§ 1127. Discrimination and testing prohibited
(a) No school district or educational institution shall request or require any applicant, or prospective or current student to have an HIV-related blood test nor shall any school district or educational institution discriminate against an applicant, or prospective or current student on the basis of a person’s having a positive test result from an HIV-related blood test.
(b) A person aggrieved by a violation of this section or the Attorney General on behalf of such a person may bring an action for injunctive relief and damages in the Superior Court of the county in which the violation is alleged to have occurred. The court may award costs and reasonable attorney’s fees to an aggrieved person who prevails in an action brought under this subsection. (Added 1987, No. 176 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 18 - Health › Chapter 21 - Communicable Diseases › § 1128. Access to health services and testing

§ 1128. Access to health services and testing
(a) No health care provider or facility shall request or require any applicant for care or services or any client or patient to have an HIV-related blood test as a condition for receiving unrelated treatment or service nor shall any such provider or facility discriminate against any applicant, client, or patient on the basis of a person’s having a positive test result from an HIV-related blood test. Nothing in this section shall preclude health care providers or facilities from recommending testing for medically appropriate diagnostic purposes or from administering to clients or patients who consent to have an HIV-related blood test.
(b) Failure of a health care provider to comply with any provision of this section shall constitute grounds for disciplinary action or any other regulatory action authorized by law. Failure of a health care facility to comply with any provision of this section shall constitute grounds for modification, suspension, or revocation of the facility’s license, authority to operate, or any other regulatory action authorized by law. Any such regulatory action shall be taken in accordance with the disciplinary, licensing, or other procedures established by law for the board or agency having jurisdiction over the health care provider or facility.
(c) A person aggrieved by a violation of this section or the Attorney General on behalf of such a person may bring an action for injunctive relief and damages in the Superior Court of the county in which the violation is alleged to have occurred. The court may award costs and reasonable attorney’s fees to an aggrieved person who prevails in an action brought under this subsection. (Added 1987, No. 176 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 18 - Health › Chapter 21 - Communicable Diseases › § 1131. Vermont Immunization Advisory Council

§ 1131. Vermont Immunization Advisory Council
(a) Creation. There is created the Vermont Immunization Advisory Council for the purpose of providing education policy, medical, and epidemiological expertise and advice to the Department with regard to the safety of immunizations and immunization schedules.
(b) Membership. The Council shall be composed of the following members:
(1) a representative of the Vermont Board of Medical Practice, appointed by the Governor;
(2) the Secretaries of Human Services and of Education or their designees;
(3) the State epidemiologist;
(4) a practicing pediatrician, appointed by the Governor;
(5) a representative of both public and independent schools, appointed by the Governor; and
(6) any other persons deemed necessary by the Commissioner.
(c) Powers and duties. The Council shall:
(1) review and make recommendations regarding the State’s immunization schedule for attendance in schools and child care facilities; and
(2) provide any other advice and expertise requested by the Commissioner.
(d) Assistance. The Council shall have the administrative, technical, and legal assistance of the Department.
(e) Meetings.
(1) The Council shall convene at the call of the Commissioner, but no less than once each year.
(2) The Council shall select a chair from among its members at the first meeting.
(3) A majority of the membership shall constitute a quorum. (Added 2015, No. 37, § 9.)
2023 Vermont Statutes › Title 18 - Health › Chapter 21 - Communicable Diseases › § 1132. Vaccine Adverse Event Reporting System

§ 1132. Vaccine Adverse Event Reporting System
A health care practitioner administering vaccinations shall report to the Vaccine Adverse Event Reporting System, in consultation with the patient, or if a minor, the patient’s parent or guardian, all significant adverse events that occur after vaccination of adults and children, even if the practitioner is unsure whether a vaccine caused the adverse event. (Added 2015, No. 37, § 10.)
2023 Vermont Statutes › Title 18 - Health › Chapter 21 - Communicable Diseases › § 1140. Definitions

§ 1140. Definitions
As used in this subchapter:
(1) “Bloodborne pathogen” means a pathogenic microorganism that is present in human blood and can cause disease in humans. Such pathogens include hepatitis B virus (HBV), hepatitis C virus (HCV), and human immunodeficiency virus (HIV).
(2) “Emergency personnel” shall have the same meaning as in 20 V.S.A. § 3171, but shall also include members of a ski patrol trained through the National Ski Patrol or substantially similar program.
(3) “Employer” means the organization on whose behalf a worker is employed or volunteering when rendering health services to a source patient pursuant to this subchapter.
(4) “Health care provider” shall have the same meaning as in subdivision 9432(9) of this title.
(5) “Health care worker” means any individual or employee of a health care provider who provides medical or other health services in the course of the worker’s employment.
(6) “Health services” means activities and functions that are directly related to care, treatment, or diagnosis of a patient, including emergency medical treatment.
(7) “Manner sufficient to transmit” means consistent with current guidelines of the Centers for Disease Control and Prevention, as determined by a physician licensed to practice medicine in Vermont.
(8) “Public safety personnel” means an individual employed or volunteering for a fire department, police department, or ambulance service.
(9) “Source patient” means an individual who, in the course of receiving health services, may have exposed a health care worker, public safety personnel, or emergency personnel to blood or bodily fluids in a manner sufficient to transmit a bloodborne disease.
(10) “Worker” means emergency personnel, health care worker, or public safety personnel. (Added 2007, No. 194 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 18 - Health › Chapter 23 - Water Pollution › § 1221. Municipal water treatment plants

§ 1221. Municipal water treatment plants
If, after public hearing the Commissioner of Health finds that any public water supply is or is likely to be contaminated, or if waters designated as Class A by 10 V.S.A. § 1253 are reclassified by order of the Secretary of Natural Resources, the Commissioner shall order the municipality or person using or supplying such public water supply to construct and install filtration and disinfection facilities to protect the public health or convert to a new source of public water supply. Any such order shall specify a reasonable time schedule for such construction or conversion and shall specify any interim measures necessary for the protection of the public health. (Added 1969, No. 252 (Adj. Sess.), § 23, eff. April 4, 1970; amended 2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012; 2023, No. 53, § 61, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 23 - Water Pollution › § 1222. Cyanobacteria monitoring and notification

§ 1222. Cyanobacteria monitoring and notification
(a) As used in this section:
(1) “Cyanobacteria” means photosynthetic bacteria that have two photosystems, produce molecular oxygen, and use water as an electron-donating substrate in photosynthesis, including microcystis, anabaena, and aphanizomenon.
(2) “Waters” shall have the same meaning as used in 10 V.S.A. § 1251.
(b) The Commissioner of Health, in consultation with the Secretary of Natural Resources, shall coordinate efforts to monitor the presence of cyanobacteria in the waters of the State.
(c) The Department of Health shall maintain a publicly accessible Internet site that provides information concerning the presence of cyanobacteria in areas known to be used for recreation, including swimming or boating. Within one hour of a determination that the presence of cyanobacteria in a recreation area is a public health hazard, the Commissioner of Health shall conduct public outreach describing the area affected and the nature of the public health hazard in the area. (Added 2015, No. 86 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 18 - Health › Chapter 24A - Lead in Drinking Water of Schools and Child Care Facilities › § 1241. Purpose

§ 1241. Purpose
The purpose of this chapter is to require all school districts, supervisory unions, independent schools, and child care providers in Vermont to:
(1) test drinking water in their buildings and child care facilities for lead contamination; and
(2) develop and implement an appropriate response or lead remediation plan when sampling indicates unsafe lead levels in drinking water at a school or child care facility. (Added 2019, No. 66, § 1, eff. June 17, 2019.)