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2023 Vermont Statutes › Title 33 - Human Services › Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults › § 6933. Request for relief

§ 6933. Request for relief
(a) A vulnerable adult, Adult Protective Services staff, or an interested person on behalf of a vulnerable adult may seek relief from abuse, neglect, or exploitation by filing a petition requesting one or more of the following orders:
(1) an order that the defendant refrain from abusing, neglecting, or exploiting the vulnerable adult;
(2) an order that the defendant immediately vacate the household;
(3) an order that the defendant shall not contact or communicate with the vulnerable adult either directly or through a third party;
(4) an order that the defendant shall not come within a fixed distance from the vulnerable adult;
(5) an order that the defendant shall not stalk, as defined in 12 V.S.A. § 5131, the vulnerable adult;
(6) an order to deliver care plans, medicines, physicians’ orders, and medical records to the vulnerable adult or the vulnerable adult’s representative;
(7) an order to cooperate in the transfer of the vulnerable adult’s care to ensure the vulnerable adult’s safety and well-being;
(8) an order to immediately return any cash, checks, money, or property belonging to the vulnerable adult in the defendant’s possession;
(9) an order to immediately return any personal documentation regarding the vulnerable adult, including identification documents, insurance information, financial records, and immigration documentation;
(10) an order that the defendant shall not access, dispose of, take, or transfer funds, accounts, or property from the vulnerable adult or any account in the name of the vulnerable adult;
(11) an order to cease any access, sharing, or use of identifying information, image, or likeness of the vulnerable adult;
(12) an order regarding possession, care, and control of any animal owned, possessed, leased, kept, or held as a pet by the vulnerable adult; and
(13) such other orders as deemed necessary to protect the vulnerable adult.
(b) No filing fee shall be required. (Added 1991, No. 180 (Adj. Sess.), § 2; amended 2001, No. 135 (Adj. Sess.), § 11, eff. June 13, 2002; 2023, No. 81, § 2, eff. July 1, 2023.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults › § 6934. Notice

§ 6934. Notice
Except as provided in section 6936 of this title, the court shall grant relief only after notice to the defendant and a hearing. If the petition is made by an interested person, notice shall be provided to the vulnerable adult and the court shall determine whether the vulnerable adult is capable of expressing the vulnerable adult’s wishes with respect to the petition and if so, whether the vulnerable adult wishes to pursue the petition. If the court determines that the vulnerable adult is capable of expressing the vulnerable adult’s opinion and does not wish to pursue the petition, the court shall dismiss the petition. (Added 1991, No. 180 (Adj. Sess.), § 2; amended 2001, No. 135 (Adj. Sess.), § 17, eff. June 13, 2002; 2023, No. 81, § 2, eff. July 1, 2023.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults › § 6935. Findings and order

§ 6935. Findings and order
(a) If the court finds that the defendant has abused, neglected, or exploited the vulnerable adult, the court shall make such order as it deems necessary to protect the vulnerable adult. The plaintiff shall have the burden of proving abuse, neglect, or exploitation by a preponderance of the evidence. Relief shall be granted for a fixed period of time, at the expiration of which the court may extend any order, upon motion of the plaintiff, for such additional time as it deems necessary to protect the vulnerable adult from abuse, neglect, or exploitation. The court may modify its order at any subsequent time upon motion by either party and a showing of a substantial change in circumstances. If the motion for extension or modification of the order is made by an interested person, notice shall be provided to the vulnerable adult, and the court shall determine whether the vulnerable adult is capable of expressing his or her wishes with respect to the motion and, if so, whether the vulnerable adult wishes to request an extension or modification. If the court determines the vulnerable adult is capable of expressing his or her wishes and does not wish to pursue the motion, the court shall dismiss the motion.
(b) Every order under this subchapter shall contain the name of the court, the names of the parties, the date of the petition, and the date and time of the order, and shall be signed by the judge.
(c) Form complaints and form orders shall be provided by the Court Administrator and shall be maintained by the clerks of the courts.
(d) Every order issued under this subchapter shall bear the following language: “VIOLATION OF THIS ORDER IS A CRIME SUBJECT TO A TERM OF IMPRISONMENT OR A FINE, OR BOTH, AND MAY ALSO BE PROSECUTED AS CRIMINAL CONTEMPT PUNISHABLE BY FINE OR IMPRISONMENT, OR BOTH.” (Added 1991, No. 180 (Adj. Sess.), § 2; amended 2001, No. 135 (Adj. Sess.), § 12, eff. June 13, 2002.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults › § 6936. Emergency relief; hearings

§ 6936. Emergency relief; hearings
(a) In accordance with the Rules for Family Proceedings, temporary orders under this subchapter may be issued ex parte, without notice to the defendant, upon motion and findings by the court that the defendant has abused, neglected, or exploited the vulnerable adult and that serious and irreparable harm to the physical health or financial interests of the vulnerable adult will result without ex parte relief.
(b) If the petition is made by an interested person, notice shall be provided to the vulnerable adult and the court shall determine whether the vulnerable adult is capable of expressing his or her wishes with respect to the petition and if so, whether the vulnerable adult wishes to pursue the petition. If the court determines that the vulnerable adult is capable of expressing his or her opinion and does not wish to pursue the petition, the court shall dismiss the petition.
(c) In addition to the information required under subsection 6935(b) of this title, every order issued under this section shall state upon its face a date, time, and place when the defendant may appear to petition the court for modification or discharge of the order. When service of the temporary order cannot be made before the scheduled hearing, the court shall continue the hearing and extend the terms of any temporary order upon request of the plaintiff for such additional time as it deems necessary to achieve service on the defendant. The defendant’s opportunity to contest shall be scheduled as soon as reasonably possible, but in no event later than 10 days from the date of issuance of the order.
(d)(1) The Court Administrator shall establish procedures to ensure access to relief after regular court hours or on weekends and holidays.
(2) The procedures established pursuant to this subsection shall include:
(A) designation of an employee of the Judiciary authorized to receive requests for ex parte petitions submitted after regular court hours; and
(B) permission for the petitioner’s affidavit to be sworn to or affirmed by administration of the oath over the telephone to the petitioner by the authorized person, during or after regular court hours. (Added 1991, No. 180 (Adj. Sess.), § 2; amended 2001, No. 135 (Adj. Sess.), § 13, eff. June 13, 2002; 2021, No. 147 (Adj. Sess.), § 4a, eff. May 31, 2022.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults › § 6937. Service

§ 6937. Service
(a) A petition or ex parte temporary order or final order issued under this subchapter shall be served by any sheriff or constable or any municipal or State Police officer in accordance with the Vermont Rules of Civil Procedure. A court that issues an order under this chapter during court hours shall promptly transmit the order electronically or by other means to a law enforcement agency for service.
(b) A defendant who attends a hearing held under section 6935 of this title at which a temporary or final order under this chapter is issued and who receives notice from the court on the record that the order has been issued shall be deemed to have been served. A defendant notified by the court on the record shall be required to adhere immediately to the provisions of the order. However, even when the court has previously notified the defendant of the order, the court shall transmit the order for additional service by a law enforcement agency.
(c) The person making service shall file a return of service with the court stating the date, time, and place at which the order was delivered personally to the defendant. (Added 1991, No. 180 (Adj. Sess.), § 2; amended 2013, No. 17, § 5; 2013, No. 17, § 6, eff. Nov. 1, 2013.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults › § 6938. Procedure

§ 6938. Procedure
(a) Except as otherwise provided in this subchapter, proceedings commenced under this subchapter shall be in accordance with the Rules for Family Proceedings and shall be in addition to any other available civil or criminal remedies.
(b) If the petition is filed by an interested person, the court may in its discretion appoint a guardian ad litem for the vulnerable adult.
(c) The Court Administrator shall establish procedures to ensure access to relief after regular court hours, or on weekends and holidays. The Court Administrator is authorized to contract with public or private agencies to assist persons to seek relief and to gain access to Superior Court judges. Law enforcement agencies shall assist in carrying out the intent of this section. (Added 1991, No. 180 (Adj. Sess.), § 2; amended 2001, No. 135 (Adj. Sess.), § 17, eff. June 13, 2002; 2009, No. 154 (Adj. Sess.), § 234.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults › § 6939. Filing orders with law enforcement personnel; Department of Public Safety Protection Order Database

§ 6939. Filing orders with law enforcement personnel; Department of Public Safety Protection Order Database
(a) Police departments, sheriff’s departments, and State Police district offices shall establish procedures for filing orders issued under this subchapter and for making personnel aware of the existence and contents of such orders.
(b) Any court in this State that issues an order under this subchapter shall transmit a copy of the order to the Department of Public Safety Protective Order Database. (Added 1991, No. 180 (Adj. Sess.), § 2; amended 2005, No. 193 (Adj. Sess.), § 8, eff. Oct. 1, 2006.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults › § 6940. Enforcement

§ 6940. Enforcement
(a) Law enforcement officers are authorized to enforce orders issued under this subchapter.
(b) Violation of an order issued under this subchapter may be prosecuted as criminal contempt under Rule 42 of the Vermont Rules of Criminal Procedure. The prosecution for criminal contempt may be initiated by the State’s Attorney in the Family Division of the Superior Court in the county that issued the order. The maximum penalty that may be imposed under this subsection shall be a fine of $1,000.00 or imprisonment for six months, or both. A sentence of imprisonment upon conviction for criminal contempt may be stayed in the discretion of the court pending the expiration of the time allowed for filing notice of appeal or pending appeal if any appeal is taken. (Added 1991, No. 180 (Adj. Sess.), § 2; amended 2009, No. 154 (Adj. Sess.), § 238.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults › § 6941. Appeals

§ 6941. Appeals
An order of the court issued under section 6935 of this title shall be treated as a final order for the purposes of appeal. Appeal may be taken by either party to the Supreme Court under the Vermont Rules of Appellate Procedure and the appeal shall be determined forthwith. (Added 1991, No. 180 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults › § 6951. Definitions

§ 6951. Definitions
As used in this subchapter:
(1) “Agent” shall have the same meaning as in 14 V.S.A. § 3501.
(2) “Guardian” means a person appointed to serve as the guardian for a vulnerable adult pursuant to the process established in 14 V.S.A. chapter 111 or in 18 V.S.A. chapter 215.
(3) “Financial exploitation” means:
(A) using, withholding, transferring, or disposing of funds or property of a vulnerable adult, without or in excess of legal authority, for the wrongful profit or advantage of another;
(B) acquiring possession or control of or an interest in funds or property of a vulnerable adult through the use of undue influence, harassment, duress, or fraud; or
(C) the act of forcing or compelling a vulnerable adult against his or her will to perform services for the profit or financial advantage of another.
(4) “Vulnerable adult” has the same meaning as in section 6902 of this chapter. (Added 2017, No. 23, § 4, eff. May 4, 2017; amended 2021, No. 20, § 348.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults › § 6952. Civil action for relief from financial exploitation

§ 6952. Civil action for relief from financial exploitation
(a) Right of action. A vulnerable adult or his or her agent or guardian may bring an action in the Civil Division of the Superior Court pursuant to this section for relief against a natural person who, with reckless disregard or with knowledge, has engaged in the financial exploitation of the vulnerable adult. An action under this section shall be dismissed if the court determines the vulnerable adult is capable of expressing his or her wishes and that he or she does not wish to pursue the action.
(b) Remedies.
(1) If the court finds that financial exploitation of a vulnerable adult has occurred, the court shall grant appropriate relief to the vulnerable adult, which may include money damages, injunctive relief, reasonable costs, attorney’s fees, and equitable relief.
(2) If the financial exploitation was intentional, the court may grant exemplary damages not to exceed three times the value of economic damages.
(c) Effects on other parties. No relief granted or otherwise obtained pursuant to this section shall affect or limit in any way the right, title, or interest of a good faith purchaser, mortgagee, holder of a security interest, or other party who obtained an interest in property after its transfer from the vulnerable adult to the natural person who engaged in financial exploitation. No relief granted or otherwise obtained pursuant to this section shall affect any mortgage deed to the extent of the value provided by the mortgagee.
(d) Statute of limitations. The limitations period imposed by 12 V.S.A. § 511 shall apply to all actions brought pursuant to this subchapter. (Added 2017, No. 23, § 4, eff. May 4, 2017; amended 2021, No. 20, § 349.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults › § 6953. Other relief still available

§ 6953. Other relief still available
Nothing in this subchapter shall be construed to limit the availability of other causes of action or relief at law or equity to which a vulnerable adult may be entitled under other State or federal laws or at common law. (Added 2017, No. 23, § 4, eff. May 4, 2017.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults › § 6962. Powers and duties; reports

§ 6962. Powers and duties; reports
(a) The Team shall develop and implement policies to ensure that it uses uniform procedures to review the deaths of vulnerable adults in Vermont.
(b)(1) The Team may review the death of any person who meets the definition of a vulnerable adult in subdivision 6902(14) of this title and:
(A) who was the subject of an adult protective services investigation; or
(B) whose death came under the jurisdiction of, or was investigated by, the Office of the Chief Medical Examiner.
(2) The Team shall not initiate the review of the death of a vulnerable adult until the conclusion of any active adult protective services or law enforcement investigation, criminal prosecution, or civil action.
(3) The review shall not impose unreasonable burdens on health care providers for production of information, records, or other materials. The Team shall first seek to obtain information, records, and other materials from State agencies or that were generated in the course of an investigation by the Adult Protective Services Division, the Office of the Chief Medical Examiner, or law enforcement.
(4) The Team shall establish criteria for selecting specific fatalities for review to ensure the analysis of fatalities occurring in both institutional and home- and community-based settings.
(c)(1) Beginning in 2018, the Team shall submit an annual report to the General Assembly on or before January 15.
(2) The annual report shall:
(A) summarize the Team’s activities for the preceding year;
(B) identify any changes to the Team’s uniform procedures;
(C) identify system gaps and risk factors associated with deaths reviewed by the Team;
(D) recommend changes in statute, rule, policy, procedure, practice, training, or coordination of services that would decrease the number of preventable deaths in Vermont’s vulnerable adult population; and
(E) assess the effectiveness of the Team’s activities. (Added 2015, No. 135 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults › § 6963. Confidentiality

§ 6963. Confidentiality
(a) The Team’s proceedings and records are confidential and exempt from public inspection and copying under the Public Records Act and shall not be released. Such information shall not be subject to subpoena or discovery or be admissible in any civil or criminal proceedings; provided, however, that nothing in this subsection shall be construed to limit or restrict the right to discover or use in any civil or criminal proceedings anything that is available from another source and entirely independent of the Team’s review. The Team shall not use information, records, or data that it obtains or generates for purposes other than those described in this subchapter.
(b) The Team’s conclusions and recommendations may be disclosed, but shall not identify or allow for the identification of any person or entity.
(c) Meetings of the Team are confidential and shall be exempt from the Vermont Open Meeting Law. The Secretary of the Team shall maintain any records, including meeting minutes, generated by the Team.
(d) Team members and persons invited to assist the Team shall not reveal information, records, discussions, and opinions disclosed in connection with the Team’s work, and shall execute a sworn statement to honor the confidentiality of such information, records, discussions, and opinions. The Chair of the Team shall be responsible for obtaining and maintaining confidentiality agreements. (Added 2015, No. 135 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults › § 6964. Access to information and records

§ 6964. Access to information and records
(a) In any case subject to review by the Team, and upon written request by the Chair of the Team, any person who possesses information or records that are necessary and relevant to Team review shall as soon as practicable provide the Team with the information and records.
(b) The Team shall not have access to the proceedings, reports, and records of peer review committees as defined in 26 V.S.A. § 1441.
(c) Persons disclosing or providing information or records upon the Team’s request are not criminally or civilly liable for disclosing or providing information or records in compliance with this section. (Added 2015, No. 135 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 71 - Regulation of Long-Term Care Facilities › § 7101. Policy

§ 7101. Policy
The purpose of this chapter is to provide for the development, establishment, and enforcement of standards for the construction, maintenance, operation, provision of receivership, and dissolution of long-term care facilities in which medical, nursing, or other care is rendered, which will promote safe surroundings, adequate care, and humane treatment; safeguard the health of, safety of, and continuity of care to residents; and protect residents from the adverse health effects caused by abrupt or unsuitable transfer of such persons cared for in these facilities. (Amended 2009, No. 36, § 1.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 71 - Regulation of Long-Term Care Facilities › § 7103. License

§ 7103. License
(a) A person shall not operate a nursing home, assisted living residence, home for persons who are terminally ill, residential care home, or therapeutic community residence without first obtaining a license.
(b) A person shall not operate a nursing home as defined in this chapter or as defined in 18 V.S.A. chapter 46 except under the supervision of an administrator licensed in the manner provided in 18 V.S.A. chapter 46.
(c) Residents of a home for persons who are terminally ill shall receive necessary medical and nursing services, which may be provided through outside providers. (Amended 1959, No. 27, § 4; 1964, No. 6 (Sp. Sess.), § 1, eff. March 4, 1964; 1965, No. 68, § 2; 1969, No. 248 (Adj. Sess.), § 1, eff. April 1, 1970; 1973, No. 153 (Adj. Sess.), § 2; 1975, No. 221 (Adj. Sess.), § 8, eff. July 1, 1977; 1985, No. 151 (Adj. Sess.), § 2; 1993, No. 114 (Adj. Sess.), § 2; 1997, No. 61, § 271d; 2009, No. 36, § 1; 2013, No. 96 (Adj. Sess.), § 219.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 71 - Regulation of Long-Term Care Facilities › § 7104. Application

§ 7104. Application
An application for a license shall be made annually to the licensing agency upon forms provided by it and shall contain such information as the licensing agency reasonably requires. (Amended 1965, No. 68, § 3; 1975, No. 221 (Adj. Sess.), § 2; 1991, No. 253 (Adj. Sess.), § 9.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 71 - Regulation of Long-Term Care Facilities › § 7105. License requirements

§ 7105. License requirements
(a) Upon receipt of an application for license, the licensing agency shall issue a full license when it has determined that the applicant and facilities meet the standards established by the licensing agency. Licenses issued under this chapter shall expire one year after date of issuance or upon such uniform dates annually as the licensing agency may prescribe by rule. Licenses shall be issued only for the premises and persons named in the application and shall not be transferable or assignable. Licenses shall be posted in a conspicuous place on the licensed premises.
(b) In its discretion, the licensing agency may issue a temporary license permitting operation of a nursing home, assisted living residence, therapeutic community residence, residential care home, or home for persons who are terminally ill for such period or periods and subject to such conditions as the licensing agency deems proper, but in no case shall a nursing home, assisted living residence, therapeutic community residence, residential care home, or home for persons who are terminally ill operate under a temporary license or renewal of a temporary license for a period exceeding 36 months.
(c) An owner, licensee, or administrator shall disclose to the licensing agency any changes in the ownership interests in the company, ownership of any real property, management of the facility, or corporate structure that occur after the date the license is issued. The licensing agency may require the owner, licensee, or administrator to apply for a new license. (Amended 1959, No. 27, § 5; 1965, No. 68, § 4; 1973, No. 153 (Adj. Sess.), § 3; 1975, No. 221 (Adj. Sess.), § 3, eff. July 1, 1976, § 9, eff. July 1, 1977; 1985, No. 151 (Adj. Sess.), § 3; 1997, No. 61, § 271e; 1997, No. 155 (Adj. Sess.), § 54; 2009, No. 36, § 1; 2013, No. 96 (Adj. Sess.), § 220; 2021, No. 20, § 352.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 71 - Regulation of Long-Term Care Facilities › § 7106. Variance

§ 7106. Variance
(a) The licensing agency may grant a variance from the provisions of this chapter or a rule adopted pursuant to this chapter.
(b) Variances may be granted upon determination that:
(1) strict compliance would impose a substantial hardship on the licensee;
(2) the licensee will otherwise meet the goal of the statutory provision or rule; and
(3) a variance will not result in less protection of the health, safety, and welfare of the residents.
(c) A variance shall not be granted from a provision of this chapter or a rule pertaining to residents’ rights. (Added 1985, No. 151 (Adj. Sess.), § 4; amended 2013, No. 131 (Adj. Sess.), § 88, eff. May 20, 2014.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 71 - Regulation of Long-Term Care Facilities › § 7107. Unlicensed homes

§ 7107. Unlicensed homes
(a) The licensing agency shall adopt rules governing the identification of unlicensed residential care homes, nursing homes, assisted living residences, therapeutic community residences, and homes for persons who are terminally ill.
(b) No physician, surgeon, osteopath, chiropractor, or physician assistant licensed, certified, or registered under the provisions of Title 26; resident physician, intern, or any hospital administrator in any hospital in this State; registered nurse, licensed practical nurse, medical examiner, psychologist, mental health professional, social worker, probation officer, police officer, nursing home administrator, or employee; or owner, operator, or employee of a facility shall knowingly place, refer, or recommend placement of a person to such a facility if that facility is operating without a license.
(c) Any person listed in subsection (b) of this section who is licensed or certified by the State of Vermont or who is employed by the State or a municipality and who knows or has reason to believe that a facility is operating without the license required under this chapter shall report the facility and address of the facility to the licensing agency.
(d) The licensing agency shall investigate any report filed pursuant to this section and conduct an inspection as provided in section 7108 of this title.
(e)(1) Within 30 days following the date on which a license to operate any facility pursuant to this section is revoked or voluntarily relinquished, the operator shall obtain a new license or shall cause all of the residents in the facility to be moved promptly.
(2) The facility shall be responsible for securing suitable alternative placements for the residents and shall be responsible for the cost of the planning for the transition and transportation of the residents to the alternative placements.
(3) Failure to comply with this subsection may result in penalties being assessed against the operator, the owner, or the facility as provided for in section 7111 of this title. (Added 1985, No. 151 (Adj. Sess.), § 5; amended 1997, No. 61, § 271f; 2009, No. 36, § 1; 2013, No. 34, § 30a; 2013, No. 96 (Adj. Sess.), § 221; 2021, No. 20, § 353.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 71 - Regulation of Long-Term Care Facilities › § 7108. Inspection; technical assistance

§ 7108. Inspection; technical assistance
(a) The licensing agency shall inspect a facility prior to issuing a license under this chapter.
(b) The licensing agency may inspect a facility any time an inspection is authorized under this chapter and any other time it considers an inspection necessary to determine if a facility is in compliance with the provisions of this chapter or the rules adopted pursuant to this chapter.
(c) Authorized inspectors shall at all times without notice have access to all such facilities.
(d) The living quarters of the manager of a facility, for purposes of this chapter, may be subject to inspection only if the inspector has reason to believe the permissible capacity of the facility has been exceeded and only for the purpose of determining if such a violation exists. The inspector shall permit the manager to accompany the inspector on such an inspection.
(e) Within the limits of resources available, the licensing agency may provide technical assistance, education, and information to facilities to assist them to come into or remain in compliance with the provisions of this chapter or the rules adopted pursuant to this chapter. The failure of the licensing agency to provide assistance under this subsection shall not relieve a facility from its duty to comply with provisions of this chapter or the rules adopted pursuant to this chapter. (Amended 1973, No. 153 (Adj. Sess.), § 5; 1975, No. 221 (Adj. Sess.), § 4; 1985, No. 151 (Adj. Sess.), § 6; 2013, No. 131 (Adj. Sess.), § 89, eff. May 20, 2014; 2021, No. 20, § 354.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 71 - Regulation of Long-Term Care Facilities › § 7109. Investigation; complaint

§ 7109. Investigation; complaint
(a) The licensing agency may investigate whenever it has reason to believe a violation of this chapter or the rules adopted pursuant to this chapter has occurred.
(b) A person who believes that a violation has occurred may file a complaint with the licensing agency. The licensing agency shall investigate any complaint filed unless it reasonably believes that the complaint is without merit. (Added 1985, No. 151 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 71 - Regulation of Long-Term Care Facilities › § 7110. Violation; notice

§ 7110. Violation; notice
(a) If, as a result of an inspection or investigation, the licensing agency determines that a condition in the facility violates a rule or provision of this chapter, it shall prepare a written notice of violation, which shall state the following:
(1) a description of each condition that constitutes a violation;
(2) each rule or statutory provision alleged to have been violated;
(3) the date by which the violation must be corrected;
(4) sanctions the licensing agency may impose for failure to correct the violation or failure to provide proof of correction by the date specified;
(5) the right to appeal the notice of violation as provided in section 7118 of this title; and
(6) the right to apply for a variance as provided in section 7106 of this title.
(b) The licensing agency may take immediate enforcement action when necessary to eliminate a condition that can reasonably be expected to cause death or serious physical or mental harm to residents or staff before it can be eliminated through the provisions of section 7111 of this title. A licensing agency taking such action shall explain that action and the reasons for it in the notice of violation. (Added 1985, No. 151 (Adj. Sess.) § 8; amended 2019, No. 118 (Adj. Sess.), § 2, eff. June 23, 2020.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 71 - Regulation of Long-Term Care Facilities › § 7112. Confidential information

§ 7112. Confidential information
(a) Information received by the licensing agency through filed reports, inspection, or as otherwise authorized under this chapter, except information that pertains to unsubstantiated complaints or the identity of residents and complainants, shall be made available to the public.
(b) Prior to release of information, the Commissioner shall consult with representatives from the nursing home industry and the Office of State Long-Term Care Ombudsman to develop:
(1) Guidelines for the release of information to the public that ensure the confidentiality and privacy of complainants and individuals who are receiving or have received care or services in nursing facilities in conformance with State and federal requirements.
(2) Indicators, derived from information databases maintained by the licensing agency and the Division of Rate Setting, which shall be disseminated to consumers in a readily understandable format designed to facilitate consumers’ ability to compare the quality of care provided by nursing facilities. The Commissioner shall continually update quality indicators and refine and improve the information disseminated to consumers. (Added 2011, No. 63, § E.329.2.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 71 - Regulation of Long-Term Care Facilities › § 7114. Report

§ 7114. Report
The licensee shall file annually and on request such information, data, statistics, or schedules as the licensing agency may require. The agency shall have the power to examine the books and accounts of any facility operated by any licensee if it is the opinion of the Secretary that the examination is necessary to carry out the purposes of this chapter. (Amended 1975, No. 221 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 71 - Regulation of Long-Term Care Facilities › § 7115. Exception

§ 7115. Exception
Nothing in this chapter or the rules adopted pursuant to this chapter shall be construed as authorizing the supervision, regulation, or control of the remedial care or treatment of residents or patients in any home or institution conducted for those who rely upon treatment by prayer or spiritual means in accordance with the creed or tenets of a recognized church or religious denomination, except as to the sanitary and safe condition of the premises, cleanliness of operation, and its physical equipment. (Amended 2021, No. 20, § 356.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 71 - Regulation of Long-Term Care Facilities › § 7116. Criminal penalty

§ 7116. Criminal penalty
A person who knowingly violates the licensure, reporting of unlicensed facilities, or confidentiality requirements of this chapter or the provisions relating to placing, referring, or recommending placement of a person in an unlicensed facility shall be fined not more than $500.00 or imprisoned not more than six months, or both. (Amended 1959, No. 27, § 6; 1964, No. 6 (Sp. Sess.), § 2, eff. March 4, 1964; 1973, No. 153 (Adj. Sess.), § 6; 1985, No. 151 (Adj. Sess.), § 11; 2013, No. 131 (Adj. Sess.), § 90, eff. May 20, 2014.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 71 - Regulation of Long-Term Care Facilities › § 7117. Rules

§ 7117. Rules
(a) In accordance with 3 V.S.A. chapter 25, the Secretary of Human Services may adopt reasonable rules to carry out the provisions of this chapter and may prescribe minimum standards of care, program administration, and sanitation for facilities licensed under this chapter.
(b) No later than January 1, 1997, the Secretary of Human Services shall adopt comprehensive rules for licensing of nursing homes to include criteria deemed appropriate by the Secretary, including criteria for accessibility, quality, and safety standards. The rules for nursing home licensing shall:
(1) require that nursing facilities provide the care and services necessary to help each resident attain or maintain the highest practicable physical, mental, and psychosocial well-being in accordance with a comprehensive assessment and plan of care and prevailing standards of care as determined by the Commissioner of Disabilities, Aging, and Independent Living; and
(2) promote a standard of care that ensures that the ability of each resident to perform activities of daily living does not diminish unless the resident’s ability is diminished solely as a result of a change in the resident’s clinical condition. (Added 1973, No. 153 (Adj. Sess.), § 7; amended 1975, No. 221 (Adj. Sess.), § 6; 1981, No. 99, § 2; 1995, No. 160 (Adj. Sess.), § 18; 2013, No. 131 (Adj. Sess.), § 91, eff. May 20, 2014.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 71 - Regulation of Long-Term Care Facilities › § 7118. Appeals

§ 7118. Appeals
(a) A person aggrieved by a decision or action of the licensing agency may file a request for a fair hearing with the Human Services Board as provided in 3 V.S.A. § 3091.
(b) A resident subject to transfer under subsection 7111(f) of this title may contest such transfer by filing a request for a fair hearing with the Human Services Board as provided in 3 V.S.A. § 3091. (Added 1973, No. 153 (Adj. Sess.), § 8; amended 1985, No. 151 (Adj. Sess.), § 12.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 71 - Regulation of Long-Term Care Facilities › § 7151. Advanced practice registered nurse; scope of practice

§ 7151. Advanced practice registered nurse; scope of practice
Except to the extent prohibited under federal law for purposes of federal financial participation, a nursing home shall permit a licensed advanced practice registered nurse providing services at the nursing home to perform all services within the advanced practice registered nurse’s scope of practice, including:
(1) when providing primary care services, serving as the primary care provider of record;
(2) performing acts of medical diagnosis, including ordering and interpreting diagnostic tests and procedures;
(3) prescribing medications;
(4) prescribing medical, therapeutic, and corrective measures;
(5) initiating written and verbal orders to other health care providers; and
(6) managing and evaluating care. (Added 2017, No. 48, § 34, eff. May 23, 2017.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 71 - Regulation of Long-Term Care Facilities › § 7201. Policy

§ 7201. Policy
The purpose of this subchapter is to provide for the receivership of a long-term care facility in order to ensure safe surroundings, adequate care, and humane treatment; to safeguard the health of, safety of, and continuity of care to residents; and to protect residents from the adverse health effects caused by abrupt or unsuitable transfer of such persons cared for in these facilities. (Added 2009, No. 36, § 2.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 71 - Regulation of Long-Term Care Facilities › § 7202. Application for receiver

§ 7202. Application for receiver
(a) The Commissioner of Disabilities, Aging, and Independent Living or the Attorney General may file a complaint in the Superior Court of the county in which the licensing agency or the facility is located, requesting the appointment of a receiver when:
(1) a licensee intends to close and has not secured suitable placements for its residents at least 30 days prior to closure;
(2) a situation; a physical condition; or a practice, method, or operation that presents imminent danger of death or serious physical or mental harm to residents exists in a facility, including imminent or actual abandonment of a facility;
(3) a facility is in substantial or habitual violation of the standards of health, safety, or resident care established under State rules or federal regulations to the detriment of the welfare of the residents or clients;
(4) the facility is insolvent; or
(5) the licensing agency has suspended, revoked, or modified the existing license of the facility.
(b)(1) A resident or resident’s representative may petition the licensing agency or the Attorney General to seek a receivership under this section. If the licensing agency or Attorney General denies the petition or fails to file a complaint within five days, the party bringing the petition may file a complaint in the Superior Court of the county in which the licensing agency or the facility is located, requesting the appointment of a receiver on the same grounds listed in subsection (a) of this section. Prior to a hearing for the appointment of a receiver, the Commissioner of Disabilities, Aging, and Independent Living shall file an affidavit describing the results of any investigation conducted, including a statement of findings with respect to the resident’s petition and the reasons for not filing an action under this section. The Commissioner shall include the two most recent reports of deficiencies in the facility, if any.
(2) If the court finds the grounds listed in subsection (a) of this section are not met, the court may dismiss the complaint without a hearing as provided for in the Vermont Rules of Civil Procedure.
(c)(1) The licensing agency shall be deemed a necessary party under Rule 19(a) of the Vermont Rules of Civil Procedure. A temporary receiver shall be a necessary party after the temporary receiver is appointed and shall remain a party until a receiver is appointed under section 7204 of this chapter. A receiver appointed under section 7204 of this chapter shall be deemed a necessary party under Rule 19(a) of the Vermont Rules of Civil Procedure.
(2) The entity filing the complaint shall notify the State Long-Term Care Ombudsman and the mortgage holder upon filing of the complaint. (Added 2009, No. 36, § 2; amended 2021, No. 20, § 357.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 71 - Regulation of Long-Term Care Facilities › § 7203. Appointment of temporary receiver

§ 7203. Appointment of temporary receiver
(a) A motion to appoint a temporary receiver may be filed with the complaint or at any time prior to the hearing on the merits provided for in section 7204 of this chapter. The motion shall be accompanied by an affidavit alleging facts necessary to show the grounds for the receivership and the necessity for appointing a temporary receiver prior to the hearing on the merits. A motion for prejudgment attachment under Rule of Civil Procedure 4.1(b)(3) may also be filed with the complaint or at any time prior to the hearing on the merits.
(b) The court may appoint a temporary receiver ex parte when the court finds that there is a reasonable likelihood that:
(1)(A) a licensee intends to close the facility and has not secured suitable placements for its residents prior to closure; or
(B) a situation; a physical condition; or a practice, method, or operation presents imminent danger of death or serious physical or mental harm to residents; and
(2) the situation must be remedied immediately to ensure the health, safety, and welfare of the residents of the facility.
(c) If the order for temporary receivership is granted, the complaint and order shall be served on the owner, licensee, or administrator and shall be posted in a conspicuous place in the facility no later than 24 hours after issuance. (Added 2009, No. 36, § 2.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 71 - Regulation of Long-Term Care Facilities › § 7204. Appointment of receiver; notice

§ 7204. Appointment of receiver; notice
(a)(1) Unless the complaint is dismissed as provided for in section 7202 of this chapter or parties agree to a later date, the court shall hold a hearing on the merits to appoint a receiver within 10 days of filing the complaint. The court shall hold a hearing on the merits even when the court has appointed a temporary receiver as provided for in section 7203 of this chapter.
(2) Notice of the hearing shall be served on the owner, the licensee, the mortgage holder, the State Long-Term Care Ombudsman, and the licensing agency not less than five days before the hearing. If the owner or the licensee cannot be served, the court shall specify an alternative form of notice.
(b) The licensee shall post notice of the hearing, in a form approved by the court, in a conspicuous place in the facility for not less than five days before the date of the hearing. (Added 2009, No. 36, § 2.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 71 - Regulation of Long-Term Care Facilities › § 7205. Appointment of receiver; recommendations by licensing agency

§ 7205. Appointment of receiver; recommendations by licensing agency
Not less than two days prior to the hearing on the merits, the Commissioner shall file with the court a list of recommended persons to consider for appointment as the receiver, which may include licensed nursing home administrators or other qualified persons with experience in the delivery of health care services and the operation of a long-term care facility. The list shall include a minimum of three recommended persons and shall include the names and the qualifications of the persons. (Added 2009, No. 36, § 2.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 71 - Regulation of Long-Term Care Facilities › § 7206. Appointment of receiver; hearing and order

§ 7206. Appointment of receiver; hearing and order
(a) After the hearing on the merits, the court may appoint a receiver from the list provided by the licensing agency if it finds that one or more of the grounds set forth in section 7202 of this chapter is satisfied, and that the person is qualified to perform the duties of a receiver as provided for in section 7205 of this chapter. The court’s determination of whether one or more of the grounds set forth in section 7202 of this chapter is satisfied shall be based on the condition of the facility at the time the complaint requesting the appointment of a receiver was filed.
(b) The court shall set a reasonable compensation for the receiver and may require the receiver to furnish a bond with surety as the court may require. Any expenditure, including the compensation of the receiver, shall be paid from the revenues of the facility.
(c) The court may order limitations and conditions on the authority of the receiver provided for in section 7207 of this chapter. The order shall divest the owner and licensee of possession and control of the facility during the period of receivership under the conditions specified by the court.
(d) An order issued pursuant to this section shall confirm on the receiver all rights and powers described in section 7207 of this chapter and shall provide the receiver with the authority to conduct any act authorized under this section, including managing the accounts, banking transactions, and payment of debts.
(e) An order appointing a receiver under this chapter has the effect of a license for the duration of the receivership and of suspending the license of the licensee. The receiver shall be responsible to the court for the conduct of the facility during the receivership, and a violation of rules and regulations governing the conduct of the facility, if not promptly corrected, shall be reported by the licensing agency to the court. The order shall not remove the obligation of the receiver to comply with all relevant State rules and federal regulations applicable to the facility.
(f) The court shall order regular accountings by the receiver at least semiannually. (Added 2009, No. 36, § 2; amended 2019, No. 118 (Adj. Sess.), § 3, eff. June 23, 2020; 2021, No. 20, § 358.)