Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 140 - DEPARTMENT OF HEALTH › Chapter 066 - ADVANCE DIRECTIVES FOR HEALTH CARE RULES › Section 13 140 066 - ADVANCE DIRECTIVES FOR HEALTH CARE RULES

Current through June, 2024
Section 1.0
				Authority
These rules are adopted pursuant to
				  18
				  V.S.A. §§
											9708 and
				  9719.
Section 2.0 Purpose
The State of Vermont recognizes the fundamental right of an
				  adult to determine the extent of health care they will receive, including
				  treatment provided during periods of incapacity and at the end of life. 18 V.
				  S.A., ch. 231 enables adults to retain control over their own health care
				  through the use of Advance Directives, including appointment of an agent and
				  directions regarding health care and disposition of remains.
Section 3.0 Definitions
In addition to the definitions at
				  18 V.S.A. §
											9701, the following definitions apply to this
				  rule. Several definitions from
				  18 V.S.A. §
											9701 are repeated in this rule or expanded
				  upon for clarity or efficient reference.
3.1 "Advance Care Planning Documents" means
				documents for creating, registering, amending, suspending or revoking an
				Advance Directive or for creating a DNR/COLST.
3.2 "Advance Directive" means a written
				record executed pursuant to
				18 V.S.A. §
											9703. It may include appointment of an agent,
				identification of a preferred primary clinician, instructions on health care
				desires or treatment goals, an anatomical gift as defined in 18 V.S.A. §
				5238, disposition of remains, and funeral goods and services. The term includes
				documents designated under prior law as a durable power of attorney for health
				care or a terminal care document. Although a specific form is not required to
				execute an Advance Directive, a suggested form, and related information, is
				posted on the Department's website.
3.3 "Vermont Advance Directive Registry" or
				"VADR" means the secure, web-based database to which Vermont residents may
				submit, at no charge, their Advance Directive. VADR documents for submitting,
				amending, suspending or revoking Advance Directives are as follows:
Document A VADR Registration Agreement
Document B VADR Authorization to Change
Advance Care Planning Documents and VADR documents are
				  available on the Department's website. As used in this rule, the terms VADR and
				  Registry also include the business processes and staff in place to administer
				  the VADR system and ensure that the system's operations are current and conform
				  to 18 V. S.A., ch. 231.
3.4
				"Clinician" means a medical doctor (MD), an osteopathic physician (DO), an
				advance practice registered nurse (A.P.R.N.), or a physician assistant (P.A.)
				licensed or certified under the laws of the State of Vermont and acting within
				the scope of that license or certification or an MD, DO, APRN or PA who treated
				a patient outside of Vermont and held a valid licensed to practice in the state
				in which the patient was located at the time the DNR/COLST was
				issued.
3.5 "Clinician Orders for
				Life-sustaining Treatment" or "COLST" means a clinician's order or orders for
				treatment or limitation of treatment such as intubation, mechanical
				ventilation, transfer to hospital, antibiotics, artificially administered
				nutrition, or other medical intervention. A COLST order is designed for use in
				outpatient settings and health care facilities and may include a DNR order that
				meets the requirements of
				18
				V.S.A. §
											9708.
3.6 "Department" means the Department of
				Health.
3.7 "Do- Not- Resuscitate
				order" or "DNR order" means a written order by the patient's clinician
				directing health care providers not to attempt resuscitation.
3.8 "DNR Identification" means a necklace,
				bracelet, or anklet identifying the patient as an individual who has a DNR
				order.
3.9 "File" means information
				and documents submitted to the Vermont Advance Directive Registry (VADR)and
				accessible to authorized persons and entities, including the registration
				information, Advance Directive, and any amendment, suspension or revocation of
				an Advance Directive.
3.10
				"Provider" means a health care provider, health care facility, residential care
				facility, funeral director, crematory operator, cemetery official, organ
				procurement organization, probate court official, and employees
				thereof.
3.11 "Registrant" means a
				principal who has submitted an Advance Directive to the Vermont Advance
				Directive Registry as described in Section
				5.0 of this rule.