§ 1. General powers of Department of Health.

As herein or elsewhere specified, the Department of Health shall have power to supervise and direct the execution of all laws relating to public health and substance abuse.

Amended 2005, No. 174 (Adj. Sess.), § 34a; 2007, No. 15 , § 8.

§ 2. Definitions.

The following words and phrases, as used in this title, will have the following meanings unless the context otherwise requires:

1. "Department" means the Department of Health.
2. "Board" means the State Board of Health.
3. "Commissioner" means the Commissioner of Health or the Commissioner's designee.
4. "Health officer" means Commissioner of Health, the Commissioner's designee, or a local or district health officer.
5. "Local board of health" means the local health officer, with the selectboard of the town or city council of a city.
6. "Palliative care" means interdisciplinary care given to improve the quality of life of patients and their families facing the problems associated with a serious medical condition. Palliative care through the continuum of illness involves addressing physical, cognitive, emotional, psychological, and spiritual needs and facilitating patient autonomy, access to information, and choice.
7. "Permit" means any permit or license issued pursuant to this title.
8. "Person" means any individual, company, corporation, association, partnership, the U.S. government or any department or agency thereof, and the State of Vermont or any department, agency, subdivision, or municipality thereof.
9. "Public health hazard" means the potential harm to the public health by virtue of any condition or any biological, chemical, or physical agent. In determining whether a health hazard is public or private, the Commissioner shall consider at least the following factors:
   1. the number of persons at risk;
   2. the characteristics of the person or persons at risk;
   3. the characteristics of the condition or agent which is the source of potential harm;
   4. the availability of private remedies;
   5. the geographical area and characteristics thereof where the condition or agent which is the source of the potential harm or the receptors exist; and
   6. Department policy as established by rule or agency procedure.
10. "Public health risk" means the probability of experiencing a public health hazard.
11. "Selectboard," in the context of this title, includes trustees of an incorporated village, or a city council when appropriate.
12. "Significant public health risk" means a public health risk of such magnitude that the Commissioner or a local health officer has reason to believe that it must be mitigated. The magnitude of the risk is a factor of the characteristics of the public health hazard and the degree and the circumstances of exposure to such public health hazard.

    Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1977, No. 147 (Adj. Sess.); 1985, No. 267 (Adj. Sess.), § 2; 2009, No. 25 , § 2.

§ 3. Repealed. 2007, No. 200 (Adj. Sess.), § 33(b).

§ 4. Agencies and employees.

The Commissioner, with the approval of the Board, may set up such departmental agencies, to be known as divisions, as may be needed to effect the full purpose of the consolidation herein made, and to make the service rendered by the Department of the highest possible efficiency, and may employ such division directors, such institution superintendents and personnel, and such clerical assistants, not otherwise authorized by law, as may be needed to maintain proper operation of the several departments and functions herein consolidated, and may, subject to the approval of the Board and the Commissioner of Human Resources, fix the compensation and expense allowance of such employees.

Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2003, No. 156 (Adj. Sess.), § 15.

§ 5. Duties of Department of Health.

The Department of Health shall:

1. Conduct studies, develop State plans, and administer programs and State plans for hospital survey and construction, hospital operation and maintenance, medical care, and treatment of substance abuse.
2. Provide methods of administration and such other action as may be necessary to comply with the requirements of federal acts and regulations as relate to studies, development of plans and administration of programs in the fields of health, public health, health education, hospital construction and maintenance, and medical care.
3. Appoint advisory councils, with the approval of the Governor.
4. Cooperate with necessary federal agencies in securing federal funds that become available to the State for all prevention, public health, wellness, and medical programs.
5. Seek accreditation through the Public Health Accreditation Board.
6. Create a State Health Improvement Plan and facilitate local health improvement plans in order to encourage the design of healthy communities and to promote policy initiatives that contribute to community, school, and workplace wellness, which may include providing assistance to employers for wellness program grants, encouraging employers to promote employee engagement in healthy behaviors, and encouraging the appropriate use of the health care system.
7. Serve as the leader on State rental housing health laws.
8. Provide policy assistance and technical support to municipalities concerning the implementation and enforcement of State rental housing health and safety laws.

   Amended 2011, No. 48 , § 26, eff. May 26, 2011; amended 2019, No. 48 , § 5.

§ 6. Interfering with State Board of Health or health officers; penalty.

A person who in any way interferes with a member of the Board, a local health officer, or the director, chemist, or inspectors of the State laboratory, in the performance of their duties under this title, shall be fined not more than $50.00 for the first offense and, for each subsequent offense, shall be fined $100.00.

Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961.

§ 7. General penalty.

A person who violates a provision of this title for which no other penalty is provided shall be fined not more than $100.00 nor less than $50.00.

§ 8. Prosecutions; penalties.

The State's Attorney to whom the Board reports a violation of this title shall cause proceedings to be commenced and prosecution in the proper court without delay, for the enforcement of penalties as in such case provided.

Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961.

§ 9. Blood donations.

A person who is 16 years of age or over shall have legal capacity, without consent or authorization of the person's parent or guardian, to donate blood and to consent to the withdrawal of blood from his or her body, in connection with any voluntary blood donation program under which no compensation is paid or received.

Added 1973, No. 166 (Adj. Sess.), eff. March 22, 1974; amended 1975, No. 136 (Adj. Sess.), § 1, eff. Feb. 17, 1976; 2011, No. 86 (Adj. Sess.), § 1, eff. April 24, 2012.

§§ 10 Redesignated. 2019, No. 155 (Adj. Sess.), § 7(a), eff. Nov. 1, 2020.

§ 10a. Redesignated. 2019, No. 155 (Adj. Sess.), § 7(b), eff. Nov. 1, 2020.

§ 11. Coalition for Healthy Activity, Motivation, and Prevention Programs (CHAMPPS)/Fit and Healthy Advisory Council.

The Department of Health shall:

1. Form a coalition to be known as "CHAMPPS," Coalition for Healthy Activity, Motivation, and Prevention Programs.
2. Include in the coalition interested parties that initially address cardiovascular disease and stroke risk factors, including: legislators; the commissioners, or their respective designees, of State agencies, such as the Departments of Agriculture, Food and Markets; Education; Forests, Parks and Recreation; Public Safety; and Transportation; municipalities; representatives of the business community; the Governor's Council on Physical Fitness and Sports; the University of Vermont College of Medicine; hospitals; agricultural and nutritional initiatives; and organizations whose missions are associated with promoting heart health and reducing heart disease and stroke, such as the American Cancer Society, the Diabetes Association, and the Heart Association. As needed, coalition members shall provide technical assistance, data sources, model intervention programs, entry into organizations and populations, and promotional support.
3. Meet, gather testimony and other information, and hold public hearings as necessary to develop the capacity to define the cardiovascular disease and stroke burden on the State, and publish a cardiovascular disease and stroke burden document, which shall include:
   1. a description of the burden of cardiovascular disease and stroke and related risk factors;
   2. a description of the geographic and demographic distribution of cardiovascular disease and stroke;
   3. identification of trends in cardiovascular disease and stroke, including trends in mortality, age of onset of disease, and age at death; and
   4. mortality data, hospital discharge data, and behavioral risk factor surveillance system data.
4. Develop an inventory of policy and environmental supports related to cardiovascular and stroke risk factors.
5. Develop a cardiovascular and stroke health State plan, using Healthy Vermonters 2010 as a framework. The plan shall be submitted to the Governor, the Secretary of Human Services, and the General Assembly on or before December 1, 2004, and shall include:
   1. a summary of the burdens of cardiovascular disease on the State;
   2. challenges or obstacles to chronic disease prevention that require legislative, administrative, and community solutions;
   3. strengths and successes contributing to chronic disease prevention;
   4. risk factors associated with chronic disease;
   5. strategies for promoting cardiovascular health, and reducing the burden of cardiovascular disease and related risk factors;
   6. the needs of priority populations; and
   7. any other information relevant to eligibility for funding from the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, or from other public or private sources to support cardiovascular health programs.
6. Convene a CHAMPPS/Fit and Healthy Advisory Council chaired by the Commissioner of Health or designee and composed of State agencies and private sector partners which shall advise the Commissioner on developing, implementing, and coordinating initiatives to increase physical activity and improve nutrition and reduce overweight and obesity.
   1. The functions and duties of the Council shall include:
      1. recommending ways that the Department of Health and other State agencies can reach out to communities, schools, worksites, and municipal and regional planners to assist them in creating environments and policies conducive to healthy living for all Vermonters; and
      2. assessing available resources and funding streams, recommending how best to coordinate those initiatives and resources across State agencies and private sector organizations for the greatest impact, and recommending new initiatives and priorities utilizing data and best-practice guidelines.
   2. The Department of Health shall review the fit and healthy Vermonters prevention plan and the status of its major initiatives with the Advisory Council at least every three years. The Advisory Council shall advise and make recommendations to the Department of Health as the Department develops an annual work plan setting forth prioritized strategies to implement a three-year prevention plan.

      Added 2001, No. 123 (Adj. Sess.), § 2, eff. June 5, 2002; amended 2007, No. 203 (Adj. Sess.), § 20, eff. June 20, 2008.

§ 12. Provision of information regarding contraceptives.

In order to prevent or reduce unintended pregnancies and sexually transmitted diseases, the Department of Health, in partnership with health care providers and health insurers, shall communicate to adolescents and other individuals of reproductive age information regarding contraceptive access and coverage.

Added 2019, No. 157 (Adj. Sess.), § 5, eff. Nov. 1, 2020.

§ 31. Educational assistance; incentives; nurses.

1. A Vermont resident enrolled in an accredited registered nursing or licensed practical nursing program in Vermont is eligible for a loan of up to $6,000.00 per year, provided graduation from the program will result in eligibility to sit for the NCLEX-RN nursing examination in the case of a registered nurse or the NCLEX-PN in the case of a licensed practical nurse.
2. The amount of up to $6,000.00 of a loan awarded under this section shall be cancelled and forgiven for each year the student is a resident of Vermont and employed as a registered nurse or licensed practical nurse in Vermont or at an accredited hospital within 10 miles of the Vermont border. Eligibility for this program shall be determined by the Department of Health, in consultation with schools, providers, and the Area Health Education Center (AHEC). The Commissioner may require certification of compliance with this subsection prior to forgiving all or a portion of the loan.
3. The Commissioner shall award up to $6,000.00 per year for up to four years to any licensed registered nurse or practical nurse who has outstanding educational loans and who has not received or is not eligible to receive loan forgiveness under subsection (b) of this section, for each year the nurse is employed as a registered or practical nurse. Eligibility for this program shall be determined by the Department of Health, in consultation with schools, providers, and the AHEC. The Commissioner may require certification of compliance with this subsection prior to making an award.
4. The Commissioner shall use funds appropriated first to provide loans and loan forgiveness pursuant to subsections (a) and (b) of this section. Remaining funds shall be used to provide awards pursuant to subsection (c) of this section, giving priority to those nurses serving in an undersupplied nursing specialty or in a geographic area of Vermont which is underserved.
5. This program shall apply to registered nurses or licensed practical nurses who have graduated after April 1, 2001.
6. [Repealed.]

   Added 2001, No. 63 , § 113a; amended 2001, No. 142 (Adj. Sess.), § 129, eff. June 21, 2002; 2005, No. 71 , § 109; 2019, No. 155 (Adj. Sess.), § 7(a), eff. Nov. 1, 2020.

§ 32. Loan repayment for health care providers and Health Care Educational Loan Repayment Fund.

1. There is hereby established a special fund to be known as the Vermont Health Care Educational Loan Repayment Fund which shall be used for the purpose of ensuring a stable and adequate supply of health care providers and health care educators to meet the health care needs of Vermonters, with a focus on recruiting and retaining providers and health care educators in underserved geographic and specialty areas.
2. The Fund shall be established and held separate and apart from any other funds or monies of the State and shall be used and administered exclusively for the purpose of this section. The money in the Fund shall be invested in the same manner as permitted for investment of funds belonging to the State or held in the Treasury. The Fund shall consist of the following:
   1. such sums as may be appropriated or transferred thereto from time to time by the General Assembly, the State Emergency Board, or the Joint Fiscal Committee during such times as the General Assembly is not in session;
   2. interest earned from the investment of fund balances;
   3. any other money from any other source accepted for the benefit of the Fund.
3. The Fund shall be administered by the Department of Health, which shall make funds available to the University of Vermont College of Medicine area health education centers (AHEC) program for loan repayment awards. The Commissioner may require certification of compliance with this section prior to the making of an award.
4. AHEC shall administer awards in such a way as to comply with the requirements of Section 108(f) of the Internal Revenue Code.
5. AHEC shall make loan repayment awards in exchange for service commitment by health care providers and health care educators and shall define the service obligation in a contract with the health care provider or health care educator. Payment awards shall be made directly to the educational loan creditor of the health care provider or health care educator.
6. Loan repayment awards shall only be available for a health care provider or health care educator who:
   1. is a Vermont resident;
   2. serves Vermont;
   3. accepts patients with coverage under Medicaid, Medicare, or other State-funded health care benefit programs, if applicable; and
   4. has outstanding educational debt acquired in the pursuit of an undergraduate or graduate degree from an accredited college or university that exceeds the amount of the loan repayment award.
7. Additional eligibility and selection criteria will be developed annually by the Commissioner in consultation with AHEC and may include local goals for improved service, community needs, or other awarding parameters.
8. The Commissioner may adopt regulations in order to implement the program established in this section.
9. As used in this section:
   1. "Health care educator" shall mean an individual employed by or contracted by an accredited postsecondary institution in Vermont to teach in a health care profession educational program.
   2. "Health care provider" shall mean an individual licensed, certified, or authorized by law to provide professional health care service in this State to an individual during that individual's medical or dental care, treatment, or confinement.

      Added 2005, No. 215 (Adj. Sess.), § 331; amended 2019, No. 155 (Adj. Sess.), § 7(b), eff. Nov. 1, 2020.

§ 33. University of Vermont College of Medicine; Medical Student Incentive Scholarship. Section 33 repealed effective July 1, 2027.

1. The Department of Health, in collaboration with the Office of Primary Care and Area Health Education Centers Program (AHEC) at the University of Vermont College of Medicine and the Vermont Student Assistance Corporation (VSAC), shall establish a Medical Student Incentive Scholarship Program at the University of Vermont College of Medicine. The purpose of the Program is to strengthen the primary care workforce pipeline and increase the number of new physicians practicing in Vermont to meet the health care needs of Vermonters, with a focus on rural areas and undersupplied medical specialties.
2. 1. Scholarships shall be awarded to up to 10 students annually who commit to practicing in a medical specialty priority area, as set forth in subdivision (c)(2) of this section, in a region of Vermont other than Chittenden County, in a practice site that is not owned by an academic medical center and that accepts patients who are covered by Medicaid, Medicare, or other publicly funded health benefit programs. (b) (1)  Scholarships shall be awarded to up to 10 students annually who commit to practicing in a medical specialty priority area, as set forth in subdivision (c)(2) of this section, in a region of Vermont other than Chittenden County, in a practice site that is not owned by an academic medical center and that accepts patients who are covered by Medicaid, Medicare, or other publicly funded health benefit programs.
   2. Students shall be eligible to participate in the Medical Student Incentive Scholarship Program in their third and fourth year of medical school. A student who receives an incentive scholarship for the third year of medical school shall be eligible to receive another incentive scholarship for the fourth year of medical school.
   3. Each incentive scholarship award shall be for an amount not less than the in-state tuition rate for the University of Vermont College of Medicine.
3. 1. For each academic year of incentive scholarship received, the recipient shall incur a full-time service obligation of not less than one year in a medical specialty priority area and in a setting that meets the requirements of subdivision (b)(1) of this section. (c) (1)  For each academic year of incentive scholarship received, the recipient shall incur a full-time service obligation of not less than one year in a medical specialty priority area and in a setting that meets the requirements of subdivision (b)(1) of this section.
   2. The medical specialty priority area shall be primary care; approved specialties include family medicine, internal medicine, adult primary care, pediatrics primary care, obstetrics-gynecology, and psychiatry.
   3. An incentive scholarship recipient who does not fulfill the service obligation commitment to practice in Vermont in accordance with the terms of the award shall be liable for repayment of the full amount of the scholarship, plus interest and penalty.
4. 1. The Medical Student Incentive Scholarship Program shall be administered in compliance with federal financial aid regulations and the Internal Revenue Code. (d) (1)  The Medical Student Incentive Scholarship Program shall be administered in compliance with federal financial aid regulations and the Internal Revenue Code.
   2. Payments shall be made directly to the recipient's University of Vermont student financial services account.
   3. The full terms and conditions of the award shall be described in the award contract or promissory note and shall be binding once the contract or note is fully executed.
   4. AHEC and VSAC shall enter into a memorandum of understanding establishing their respective responsibilities for administering the Medical Student Incentive Scholarship Program. The memorandum of understanding shall be subject to the approval of the Department of Health.
5. 1. The Commissioner of Health, in consultation with AHEC and VSAC, may establish additional recipient eligibility criteria, selection criteria, award terms and conditions, and evidence-based best practices to meet the purposes of the Medical Student Incentive Scholarship Program on an annual basis to best respond to Vermont's needs for physician workforce and access to health care. (e) (1)  The Commissioner of Health, in consultation with AHEC and VSAC, may establish additional recipient eligibility criteria, selection criteria, award terms and conditions, and evidence-based best practices to meet the purposes of the Medical Student Incentive Scholarship Program on an annual basis to best respond to Vermont's needs for physician workforce and access to health care.
   2. The Commissioner of Health may adopt rules in accordance with 3 V.S.A. chapter 25 in order to plan, implement, maintain, and evaluate the Medical Student Incentive Scholarship Program established in this section.

      Added 2019, No. 155 (Adj. Sess.), § 3, eff. Nov. 1, 2020; amended 2021, No. 74 , § E.311.1; repealed on July 1, 2027 by 2019, No. 155 (Adj. Sess.), § 7a.

§ 101. State Board of Health, appointment and qualification.

1. There shall be, within the Department of Health, a board to be known and designated as the State Board of Health.  Such Board shall consist of seven members who shall be appointed biennially in the month of February by the Governor, with the advice and consent of the Senate.  The members shall be appointed for a term of six years.  Any vacancy occurring in the membership of such Board shall be filled by the Governor for the unexpired portion of the term.  The Governor shall designate the Chair of the Board.
2. Three members of such Board shall be doctors, one of whom shall be licensed to practice medicine and surgery in the State, one of whom shall possess special training and ability in psychiatry, and one of whom shall be licensed to practice osteopathy, surgery, and obstetrics in the State; one member of such Board shall be licensed to practice dentistry in the State; and three members of such Board shall be persons not of the medical or dental profession.

   Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961.

§ 102. Duties of Board.

The Board shall supervise and direct the execution of all laws vested in the Department of Health by virtue of this title, and shall formulate and carry out all policies relating thereto, and shall adopt such rules as are necessary to administer this title and shall make a biennial report with recommendations to the Governor and to the General Assembly. The Board may delegate such powers and assign such duties to the Commissioner as it may deem appropriate and necessary for the proper execution of provisions of this title. The authority of the Board to adopt the rules shall extend to all matters relating to the preservation of the public health and consistent with the duties and responsibilities of the Board. The Board's jurisdiction over sewage disposal includes emergent conditions which create a risk to the public health as a result of sewage treatment and disposal, or its effects on water supply, but does not include rulemaking on design standards for on-site sewage disposal systems.

Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1983, No. 117 (Adj. Sess.), § 2; 2015, No. 23 , § 104.

§ 103. Meetings of Board; per diem; expenses.

1. The Board shall hold such meetings as may be required for the performance of its duties.  Such Board shall meet at such times and places as may be designated by the Chair thereof. Such Chair shall call a meeting upon the written request of any three members or upon the written request of the Governor.
2. The members of the Board shall receive a per diem of $30.00 for time actually spent in the performance of their duties and shall be reimbursed for their travel and expenses.

   Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961.

§ 104. Commissioner of Health; duties.

1. The Secretary shall appoint a Commissioner of Health, as provided in 3 V.S.A. § 3051 , who shall be either a physician licensed to practice medicine and surgery in this State or a health care professional who has at least a master's degree in public health or a related health care field and who, in addition, has had practical experience in the field of public health.
2. The Commissioner may delegate such powers and assign such duties to members of the Department as may be deemed appropriate and necessary for the proper execution of the provisions of this title. If the Commissioner is not a physician licensed to practice medicine and surgery in this State, the Commissioner shall fill an existing exempt position within the Department by appointing a chief medical officer who shall be a physician licensed to practice medicine and surgery in this State and who shall report to the Commissioner.
3. The powers set forth in this title are in addition to the common law and statutory powers or remedies of the State otherwise provided by law.
4. Upon receipt of information regarding a condition that may be a public health hazard, the Commissioner shall conduct an investigation.  The investigation may include an inspection of the premises where the public health hazard may exist and may include monitoring and testing.
5. The Commissioner shall establish guidelines for conducting investigations and inspections and for determining whether a public health risk or public health hazard is a local or a State problem.
6. When applicable, the Commissioner shall make use of the best scientific, environmental, medical, engineering, epidemiological, hydrological, geological, ecological, and sanitation practices when issuing permits and orders, and when establishing practices, procedures, rules, and guidelines under this title.
7. The Commissioner may enter into contracts to provide services, provided the Department is not otherwise required to provide such services, and provision of such services does not interfere with the Department's statutory purposes and programs. The Department may charge for services provided under this subsection. Charges collected under this subsection shall be credited to separate special funds for each type of contractual service, and shall be available to the Department to offset the costs of each type of service.
8. The Commissioner may bill a third party insurer for services provided by the Department to persons covered by such insurance. Charges collected under this subsection shall be credited to a special fund and shall be available to the Department to offset the cost of such services.
9. The Commissioner may accept and retain any product rebates received for items purchased in support of departmental programs. Charges collected under this subsection shall be credited to separate special funds and shall be available to the Department to offset the cost of such programs.

   Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1985, No. 267 (Adj. Sess.), § 3; 1997, No. 155 (Adj. Sess.), § 55, eff. April 29, 1998; 2007, No. 152 (Adj. Sess.), § 1.

§ 104a. Commissioner of Health; designation of advisor to Commissioner of Motor Vehicles.

The Commissioner of Health, upon request by the Commissioner of Motor Vehicles, shall designate an appropriate professional member of the Department to serve as advisor to the Commissioner of Motor Vehicles on health aspects of the licensing of motor vehicle operators.

Added 1967, No. 251 (Adj. Sess.), § 1, eff. Feb. 20, 1968.

§ 104b. Community health and wellness grants.

1. The Commissioner shall establish a program for awarding competitive, substantial, multi-year grants to comprehensive community health and wellness projects. Successful projects must:
   1. use comprehensive approaches designed to promote healthy behavior and disease prevention across the community and across the lifespan of individual Vermonters and address issues which may include promoting nutrition and exercise for children, community recreation programs, elderly wellness, lead poisoning abatement, obesity prevention, maternal and child health and immunization, mental health and substance abuse, and tobacco prevention and cessation;
   2. be consistent with the Blueprint for Health and other State health initiatives as well as the overall goals of the applicant community;
   3. be goal and result driven;
   4. use strategies that have been demonstrated to be effective in reaching the desired goal;
   5. provide data for evaluating and monitoring progress;
   6. include a plan for ensuring that all food vending machines located in public buildings within the control of the grant recipient contain foods and portion sizes consistent with the Vermont nutrition and fitness policy guidelines or other relevant science-based resources; and
   7. address socioeconomic or other barriers that stand in the way of fit and healthy lifestyles in their communities.
2. The Commissioner, through the 12 district health offices, shall assist communities by:
   1. providing technical assistance to support communities in following a consistent and coordinated approach to planning and implementation, including practices such as needs assessment, defined priorities, action plans, and evaluation;
   2. providing access to best and promising practices and approved public policies;
   3. providing assistance to help communities develop public awareness materials and communication tools with well-researched and well-coordinated messaging;
   4. helping communities obtain and maximize funding from all applicable sources; and
   5. providing other assistance as appropriate.
3. -(e)  [Repealed.]

   (f) The Commissioner may adopt regulations pursuant to 3 V.S.A. chapter 25, the Administrative Procedure Act, necessary for the implementation of this program.

   (g) The Commissioner is authorized to accept donations or contributions from private sources for community wellness grants.

   Added 2005, No. 215 (Adj. Sess.), § 322; amended 2007, No. 203 (Adj. Sess.), § 14, eff. June 10, 2008; 2009, No. 135 (Adj. Sess.), § 26, eff. May 29, 2010; 2011, No. 139 (Adj. Sess.), § 51, eff. May 14, 2012; 2015, No. 11 , § 16.

§ 105. Repealed. 1977, No. 147 (Adj. Sess.).

§ 106. Delegation of duties by Board through Commissioner.

Any delegation of responsibility and authority by the Board shall be made through the Commissioner and shall in no way relieve the Board of its accountability for the proper administration of the provisions of this title.

Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2017, No. 113 (Adj. Sess.), § 51.

§ 107. Life and health of inhabitants; inspections, investigations.

1. The Commissioner shall take cognizance of the interest of the life and health of the inhabitants of the State, shall make or cause to be made inspections, investigations, and inquiries respecting causes of disease and the means of preventing the same and the effect of all circumstances relating to or affecting the public health.  With the approval of the Governor, the Commissioner may apply for and accept research grants for such funded research projects as have as their objective the advancement of knowledge in the health sciences, provided that the Commissioner may staff and equip such projects only from such research grants.
2. A health officer may conduct inspections, review records, and take samples, photographs, and other evidence to detect violations of any State or local health statute, rule, ordinance, or permit, or any public health hazard or public health risk. Inspections shall be conducted at a reasonable time and in a reasonable manner. The health officer may, upon presentation of credentials, seek permission to inspect any premises not open to the public. If permission is refused, the health officer may, pursuant to section 121 of this title, seek a search warrant authorizing the inspection of such premises.
3. This section shall not limit or conflict with the duties or powers of a health officer to inspect public water sources, public water systems, or public water source protection areas and food or lodging establishments under chapters 24 and 85 of this title.

   Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1963, No. 102 , § 5, eff. May 22, 1963; 1985, No. 267 (Adj. Sess.), § 4; 1989, No. 105 , § 4; 2021, No. 15 , § 6.

§ 108. Water supply; sanitation.

When requested, or when, in its opinion, it is necessary, the Board shall advise with municipal officers in regard to drainage, water supply, and sewerage of towns and villages and in regard to the erection, construction, heating, ventilation, and sanitary arrangements of public buildings.

Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961.

§ 109. Board exercising powers of local Board of Health or health officer.

In its discretion the Board may exercise all the powers and authority, in each town and village, which is given to a local board of health. The Commissioner may likewise exercise all the power and authority of a local health officer throughout the State.

Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961.

§ 110. Reports by Commissioner.

From the reports required to be made to him or her, the Commissioner shall issue in each even year registration reports. He or she shall make a biennial report to the Board relating to his or her work for the period with such recommendations as seem advisable, which report shall be incorporated into the biennial report of the Board.

Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961.

§ 111. Forms for reports of infectious and contagious diseases.

The Board shall devise and furnish health officers suitable forms upon which to make reports of infectious and contagious diseases. It shall also devise and furnish forms for physicians to report to health officers.

Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961.

§ 112. Circulars of information.

The Board shall prepare and distribute to local boards of health, physicians, and other persons such printed circulars as it deems necessary and such rules as the Board may adopt and, upon request of the Board, the Commissioner thereof shall give information relative to the cause and prevention of disease and directions as to modes of management, quarantine, and means of prevention of contagious and infectious diseases.

Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2015, No. 23 , § 105.

§ 113. Services and expenditures; cooperation with other agencies; attendance upon meetings.

The Board may perform such services and incur such expenditures as it deems necessary for the protection of the public health, may cooperate with health agencies of other states and countries; and a committee of the Board may attend meetings of health authorities outside the State.

Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961.

§ 114. Repealed. 1985, No. 267 (Adj. Sess.), § 28.

§ 115. Public health surveillance assessment and planning.

1. The Department of Health may, in the discretion of the Commissioner, accept for treatment children who have chronic diseases or developmental disabilities.
2. The Commissioner of Health is authorized to:
   1. study the prevalence of chronic disease;
   2. make such morbidity studies as may be necessary to evaluate the overall problem of chronic disease and developmental disabilities;
   3. develop an early case-finding program, in cooperation with the medical profession;
   4. develop and carry on an educational program as to the causes, prevention, and alleviation of chronic disease and developmental disabilities; and
   5. adopt rules for the purpose of screening chronic diseases and developmental disabilities in newborns.
3. The Department of Health is directed to consult and cooperate with the medical profession and interested official and voluntary agencies and societies in the development of this program.
4. The Department is authorized to accept contributions or gifts which are given to the State for any of the purposes as stated in this section, and the Department is authorized to charge and retain monies to offset the cost of providing newborn screening program services.

   Amended 1959 (Adj. Sess.), § 27, eff. March 1, 1961; 1973, No. 77 , § 60, eff. April 14, 1973; 1997, No. 59 , § 84, eff. June 30, 1997; 2013, No. 96 (Adj. Sess.), § 86; 2015, No. 152 (Adj. Sess.), § 11.

§ 115a. Repealed. 2015, No. 152 (Adj. Sess.), § 12.

§ 116. Mother and child health service; training of nurses and workers.

1. The Board shall continue the existing health service for mothers and children established in a manner harmonious with Parts One and Two of Title V of the Act of Congress approved August 14, 1935 and entitled Social Security Act and shall continue its existing health service for children with physical disabilities.
2. The Board may pay for the graduate training of public health nurses and other professional health department workers whom it employs.

   Amended 1959, No. 75 , eff. April 1, 1959; 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2013, No. 96 (Adj. Sess.), § 88.

§ 117. Chronic fatigue syndrome.

1. The Commissioner of Health shall establish a statewide network of resources to provide education through the distribution of information regarding persons with chronic fatigue syndrome, also known as chronic fatigue immune dysfunction syndrome (CFIDS), to persons with chronic fatigue syndrome, health care providers, and the public.
2. The Department shall work in collaboration with the Vermont CFIDS Association, Inc. and health care providers with expertise in chronic fatigue syndrome to prepare an informational packet about the clinical significance, diagnosis, and treatment of chronic fatigue syndrome. The informational packet shall be based upon the publication "A Consensus Manual for the Primary Care and Management of Chronic Fatigue Syndrome" published by the Academy of Medicine of New Jersey and the New Jersey Department of Health and Senior Services, to the extent allowable under federal copyright protections. The Department shall distribute the informational packet to all primary care physicians in the State, and it shall be available on the Department of Health's website. The informational packet may contain any other information that the Commissioner of Health deems necessary and shall be revised by the Department when new information about chronic fatigue syndrome becomes available. The Department shall publicize the informational packet and make it widely available to the public.

   Added 2005, No. 215 (Adj. Sess.), § 116.

§§ 118, 119. Repealed. 1985, No. 267 (Adj. Sess.), § 28.

§ 120. Contract for payment of certain health benefits.

The Board of Health may contract with a private organization to process the payment of in-patient hospital care, and physician, radiological, and other medical costs related thereto under the maternal, child health, and children with physical disabilities' plans of the Department of Health. Such a contract shall provide for cancellation upon reasonable notification by the Board. In furtherance of the purposes of the contract, the Board may requisition funds, with the approval of the Governor, and the Commissioner of Finance and Management shall issue his or her warrant in favor of the contracting party to permit the contracting party to make payments to vendors under the contract. The Board shall quarterly, and at such other times as the Commissioner of Finance and Management requires, render an account in such form as the Commissioner of Finance and Management prescribes of the expenditures of monies so advanced.

Added 1967, No. 267 (Adj. Sess.), § 1, eff. July 1, 1968; amended 2013, No. 96 (Adj. Sess.), § 89.

§ 121. Issuance of search warrants.

1. Upon application by a health officer or a law enforcement officer, a District or Superior Court judge shall, upon a finding of probable cause, issue a warrant to search a premises for violation of any State or local health statute, rule, ordinance, or permit, or for any public health hazard or public health risk.
2. Probable cause for a search warrant under this section exists when:
   1. a health officer or law enforcement officer has reason to believe that a State or local health statute, rule, ordinance, or permit has been violated; or
   2. a health officer or law enforcement officer has reason to believe that a public health hazard or public health risk may exist on the premises to be searched; or
   3. permission to inspect has been refused and the premises to be searched are subject to routine inspections in connection with a regulatory program conducted pursuant to this title.
3. The provisions of the Vermont Rules of Criminal Procedure 41(c) shall apply to warrants issued under this section.

   Added 1985, No. 267 (Adj. Sess.), § 5.

Cross References

Cross references. Issuance of search warrants for local code or ordinance violations generally, see 13 V.S.A. § 4701.

§ 122. Private right of action.

1. Any person injured or damaged by a violation of this title, of a rule adopted pursuant thereto, or of a permit or order issued thereunder, or by a public health hazard may bring an action for equitable relief or damages arising from such violation or public health hazard.
2. A judicial determination of a violation of this title, of a rule adopted pursuant thereto, or of a permit or order issued thereunder, or of a public health hazard shall be prima facie evidence of the existence of the violation or the hazard, which evidence may be rebutted by the defendant.
3. The remedies provided by this section are in addition to any common law or statutory remedies otherwise available and do not amend or conflict with the provisions of 24 V.S.A. chapter 129, the powers and authority of the Agency of Agriculture, Food and Markets, the Department of Labor, the Agency of Natural Resources, or the Public Utility Commission, or the power of the Commissioner to issue a health or emergency health order.
4. The limitations and defenses of 12 V.S.A. chapter 189 and the provisions of 29 V.S.A. chapter 55 shall apply to actions against the State or any of its political subdivisions under this section.
5. Notwithstanding any provision of this section or the existence of any other remedy existing at law or in equity, no cause of action or grounds for enforcement shall lie against any municipal corporation as defined in 24 V.S.A. § 3301 or any company as defined in 30 V.S.A. § 201(a) for any defect, liability, condition, violation, or hazard which exists on the date such municipal corporation or company acquires by purchase, donation, or condemnation any public water source or public water system as defined in 10 V.S.A. § 1671(4) and (5), unless such acquiring municipal corporation or company expressly assumes the same. The provisions of this subsection shall not be construed to relieve such municipal corporation or company from any obligation or responsibility to correct or abate any violation of this title or of 10 V.S.A. chapter 56 on and after the date of such acquisition. This subsection shall be liberally construed to immunize municipal corporations and companies from liability for preexisting conditions in public water sources and systems subsequently acquired by such entities. This section shall not be read to immunize municipalities from suits or claims in existence on the date a municipality acquires any public water source or system arising from the taking of water or land.

   Added 1985, No. 267 (Adj. Sess.), § 6; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 1993, No. 164 (Adj. Sess.), § 10; 2003, No. 42 , § 2, eff. May 27, 2003; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2013, No. 34 , § 11.

§ 123. Revocation of permits.

1. The Commissioner may, after notice and opportunity for hearing, revoke, modify, or suspend any permit issued pursuant to the Commissioner's authority under this title if the Commissioner finds that:
   1. the permit holder submitted materially false or inaccurate information;
   2. the permit holder has violated any material requirement, restriction, or condition of any permit, any rule, statute, or order; or
   3. there is a change in any condition that requires either a temporary or permanent restriction, limitation, or elimination of the permitted use.
2. Revocation shall be effective upon actual notice thereof to the permit holder or permit holder's designated agent.

   Added 1985, No. 267 (Adj. Sess.), § 7.

§ 124. Voluntary compliance.

1. When appropriate, the health officer shall make all practicable efforts to secure voluntary compliance.  This requirement shall not restrict the health officer's authority to use any enforcement powers authorized by this title or the common law.
2. Means of securing voluntary compliance may include the following:
   1. encouraging voluntary cooperation by persons and affected groups to achieve the purposes of this title;
   2. encouraging local units of government to handle violation problems within their respective jurisdiction by compact on a cooperative basis, and providing technical and consultative assistance therefor;
   3. advising, consulting, contacting, and cooperating with other agencies of the State, local governments, industries, other states, interstate or interlocal agencies, and the federal government, and with interested persons or groups; and
   4. encouraging voluntary compliance through warning, conference, or any other similar means.

      Added 1985, No. 267 (Adj. Sess.), § 8.

§ 125. Assurance of discontinuance.

1. In any case where the Commissioner has authority to institute an action or proceeding against a person under this title, the Commissioner may, in lieu thereof, accept from such person an assurance that the violation, or the action or inaction contributing to a public health hazard or a significant public health risk, will be discontinued.  An assurance of discontinuance may include:
   1. specific action to be taken;
   2. abatement or mitigation schedules;
   3. payment of a civil penalty and the costs of investigation;
   4. payment of an amount to be held in escrow pending the outcome of an action, or as restitution to aggrieved persons.
2. An assurance of discontinuance shall be in writing, shall be filed with the Superior Court having jurisdiction over the subject matter, and shall become an order of the court. Evidence of a violation of an assurance of discontinuance shall be prima facie proof of the violation cited in the assurance.

   Added 1985, No. 267 (Adj. Sess.), § 9.

§ 126. Health orders.

1. The Commissioner or the selectboard may issue a health order to:
   1. prevent, remove, or destroy any public health hazard;
   2. mitigate a significant public health risk;
   3. correct any violation of this title or any rules promulgated thereunder; or
   4. correct any violation of a permit restriction or requirement.
2. The issuing authority for a State health order shall be the Commissioner.  The issuing authority for a local health order shall be the selectboard.
3. Prior to issuance of a health order under this section, the issuing authority shall provide notice as provided in this subsection.
   1. The health officer shall prepare a notice of intent to seek a health order, setting forth the health officer's reasons to believe a health order should be issued.
   2. The notice of intent, together with the supporting evidence, and a statement of procedural rights available under this section, shall be served in person by a health officer on the person against whom the health order is sought or in accordance with the procedures set forth in Vermont Rules of Civil Procedure. If the person resides out of state, the notice of intent shall be served on the person against whom the health order is sought through certified mail.
   3. Upon request of the person against whom the health order is sought, a hearing shall be held before the issuing authority. At such hearing, the person against whom the order is sought shall be given an opportunity to rebut the allegations and demonstrate that no health order should issue.
4. A health order shall be effective upon issuance and may require any person responsible for contributing to the public health hazard or significant public health risk to take actions to protect the public health.  Such actions may include, the following:
   1. the prohibition of transportation, sale, distribution, or supplying of water, food, or any other materials or services;
   2. the repair, installation, construction, operation, or implementation of purification equipment or methods;
   3. testing, sampling, monitoring, surveying, or other analytical operations required to determine the nature, extent, duration, or severity of the public health hazard or public health risk;
   4. the impounding, destruction, or removal of any public health hazard;
   5. the quarantine or isolation of any area, persons, animals, or materials;
   6. the closing of, and the prohibition of assemblage in any food or lodging establishment, church, school, or any other place of assemblage;
   7. the cessation of any acts, discharges, or processes contributing to a public health hazard or public health risk;
   8. the medical or veterinary treatment of any agent that is contributing to a public health hazard or a public health risk;
   9. the giving of notice to potential users, including travelers, of the goods or services, of the nature, extent, and possible health effects of the public health hazard or public health risk, and precautions to be taken by such users; or
   10. any other affirmative acts or prohibitions necessary to mitigate a significant public health risk.

       Added 1985, No. 267 (Adj. Sess.), § 10; amended 2021, No. 15 , § 7.

§ 127. Emergency health orders.

1. A health officer may, without a prior hearing, issue an emergency health order when necessary to prevent, remove, or destroy an imminent and substantial public health hazard, or to mitigate an imminent and substantial significant public health risk.  Such order may include any actions available under section 126 of this title.  An emergency health order shall be effective upon actual notice to the person against whom the order is directed.
2. The health officer may issue an emergency health order only after preparation of a written statement of reasons stating the need for an emergency health order together with the supporting evidence and a statement of procedural rights available under this section. The order, together with the statement and the evidence, shall be made available as soon as possible to the person to whom the order is directed. An emergency order shall be served in person by a health officer or in accordance with the procedures set forth in Rule 4 of the Vermont Rules of Civil Procedure. If the person resides out of state, the emergency health order shall be served on the person against whom the order is sought through certified mail.
3. A person to whom an emergency health order is directed shall be given the opportunity for a hearing within five business days of the issuance of such order.  A person who is in full compliance with an emergency health order may request, and shall be granted, an extension of the hearing date.  If the emergency order was issued by the Commissioner, such hearing shall be in front of the Commissioner.  If the emergency order was issued by a local health officer, such hearing shall be in front of the selectboard.  At the hearing, the person to whom the order is directed shall be given the opportunity to rebut allegations upon which the emergency health order is based. After the hearing, the Commissioner or selectboard shall issue a health order pursuant to section 126 of this title affirming, modifying, or terminating the emergency health order.

   Added 1985, No. 267 (Adj. Sess.), § 11; amended 2021, No. 15 , § 8.

§ 128. Appeal.

1. Any person aggrieved by an act, decision, or order of the Commissioner, local board of health, or selectboard pursuant to this title may appeal to the Board within 30 days. Hearings by the Board under this section shall be subject to the provisions of 3 V.S.A. chapter 25 relating to contested cases (the Administrative Procedure Act).  The Board shall consider the matter de novo, and all persons and parties in interest, as determined by Board rule, may appear and be heard.  The Board shall issue an order within 30 days following the conclusion of the hearing.
2. An appeal from the decision of the Board shall be to the Vermont Supreme Court.

   Added 1985, No. 267 (Adj. Sess.), § 12.

§ 129. Stay.

An appeal filed pursuant to section 128 of this title shall not stay the effectiveness of the order appealed from unless the Board or the Court, as appropriate, otherwise orders.

Added 1985, No. 267 (Adj. Sess.), § 13.

§ 130. Civil enforcement.

1. The Commissioner, or a local board of health, may bring an action in the Superior Court of the county in which a violation or a public health hazard or public health risk has occurred or is occurring, to enforce the provisions of this title, or the rules, permits, or orders issued pursuant thereto, including the terms of an assurance of discontinuance entered into under section 125 of this title.
2. The court may grant temporary and permanent injunctive relief and may exercise all the powers available to it, including:
   1. Enjoining future activities which may contribute to a public health hazard or a public health risk.
   2. Ordering remedial actions to be taken to mitigate a public health risk or to remove or destroy a public health hazard.
   3. Ordering the design, construction, installation, and operation of facilities designed to mitigate a public health risk or to assure compliance with any permit issued under this chapter.
   4. Fixing and ordering compensation for any public or private property destroyed or damaged.
   5. Ordering reimbursement from any person who caused governmental expenditures for the investigation and mitigation of the public health risk or the investigation, abatement, or removal of public health hazards.
   6. Levying civil penalties not to exceed $10,000.00 for each violation.  In the case of a continuing violation, each day's continuance may be deemed a separate violation.

      Added 1985, No. 267 (Adj. Sess.), § 14; amended 2017, No. 74 , § 25.

§ 131. Criminal penalty.

1. Any person who violates a provision of this title, or who fails or neglects to obey or comply with an order or the terms of a permit issued under this title shall be fined not more than  $5,000.00.  Each violation shall be a separate offense and, in the case of a continuing violation, each day's continuance shall be deemed a separate violation.
2. Any person who refuses to obey or comply with an order or the terms of a permit issued under this title or who knowingly creates a public health hazard or knowingly contributes to a significant public health risk shall be fined not more than $25,000.00 or be imprisoned not more than six months, or both. Each violation shall be a separate offense and, in the case of a continuing violation, each day's continuance shall be deemed a separate violation.
3. Any person who knowingly makes a false statement, representation, or certification as to any material fact in any application, record, report, plan, testing result, or other document filed or required to be maintained under this title, or who falsifies, tampers with, or knowingly renders inaccurate a testing device or method required to be maintained under this title or required by a permit, rule, regulation, or order issued under this title shall be fined not more than $10,000.00 or be imprisoned for not more than six months, or both.
4. Any person who hinders or attempts to hinder any actions taken pursuant to this chapter shall be fined not more than $1,000.00.

   Added 1985, No. 267 (Adj. Sess.), § 15.

§ 151. Definitions.

As used in this chapter:

1. "Cancer" means all malignant neoplasms, regardless of the tissue of origin, including malignant lymphoma, Hodgkins disease, and leukemia, but excluding basal cell and squamous cell carcinoma of the skin.
2. "Health care facility" shall have the meaning given in section 9432 of this title.
3. "Health care provider" shall have the meaning given in section 9432 of this title.

   Added 1993, No. 90 , § 2.

§ 152. Establishment of cancer registry.

1. The Commissioner shall establish a uniform statewide population-based cancer registry system for the collection of information determining the incidence of cancer and related data. The Secretary shall adopt rules necessary to effect the purposes of this chapter, including the data to be reported and the effective date after which reporting by health care facilities and health care providers shall be required.
2. All cancers diagnosed or treated in the State shall be reported to the representative of the Department of Health authorized by the Commissioner to compile the cancer data, or any individual, agency, or organization designated to cooperate with that representative.
3. The Commissioner shall establish a training program for the personnel of participating health care facilities and a quality control program for cancer data. The Commissioner shall collaborate in studies with clinicians and epidemiologists and publish reports on the results of such studies. The Commissioner shall cooperate with the National Institutes of Health and the Centers for Disease Control and Prevention in providing cancer incidence data.

   Added 1993, No. 90 , § 2.

§ 153. Participation in program.

1. Any health care facility diagnosing or providing treatment to patients with cancer shall report each case of cancer to the Commissioner or his or her authorized representative in a format prescribed by the Commissioner within 180 days of admission or diagnosis. If the facility fails to report in a format prescribed by the Commissioner, the Commissioner's authorized representative may enter the facility, obtain the information, and report it in the appropriate format. In these cases, the facility shall reimburse the Commissioner or the authorized representative for the cost of obtaining and reporting the information.
2. Any health care provider diagnosing or providing treatment to patients with cancer shall report each cancer case to the Commissioner or his or her authorized representative within 180 days of diagnosis. Those cases diagnosed or treated at a Vermont facility or previously admitted to a Vermont facility for diagnosis or treatment of that instance of cancer are exceptions and do not need to be reported by the health care provider.
3. All health care facilities and health care providers who provide diagnostic or treatment services to patients with cancer shall report to the Commissioner any further demographic, diagnostic, or treatment information requested by the Commissioner concerning any person now or formerly receiving services, diagnosed as having or having had a malignant tumor. Additionally, the Commissioner or his or her authorized representative shall have physical access to all records that would identify cases of cancer or would establish characteristics of the cancer, treatment of the cancer, or medical status of any identified patient with cancer. Willful failure to grant access to such records shall be punishable by a fine of up to $500.00 for each day access is refused. Any fines collected pursuant to this subsection shall be deposited in the General Fund.

   Added 1993, No. 90 , § 2; amended 2015, No. 37 , § 1.

§ 154. Confidentiality.

1. All information reported pursuant to this chapter shall be confidential and privileged. The Commissioner shall take strict measures to ensure that all identifying information is kept confidential.
2. All identifying information regarding an individual patient, health care provider, or health care facility contained in records of interviews, written reports, and statements procured by the Commissioner or by any other person, agency, or organization acting jointly with the Commissioner in connection with cancer morbidity and mortality studies shall be confidential and privileged and shall be used solely for the purposes of the study. Nothing in this section shall prevent the Commissioner from publishing statistical compilations relating to morbidity and mortality studies which do not identify individual cases or sources of information.

   Added 1993, No. 90 , § 2.

§ 155. Disclosure.

1. The Commissioner may enter into agreements to exchange confidential information with other cancer registries in order to obtain complete reports of Vermont residents diagnosed or treated in other states and to provide information to other states regarding their residents diagnosed or treated in Vermont.
2. The Commissioner may furnish confidential information to the National Breast and Cervical Cancer Early Detection Program, other states' cancer registries, federal cancer control agencies, or health researchers in order to collaborate in a national cancer registry or to collaborate in cancer control and prevention research studies. However, before releasing confidential information, the Commissioner shall first obtain from such state registries, agencies, or researchers an agreement in writing to keep the identifying information confidential and privileged. In the case of researchers, the Commissioner shall also first obtain evidence of the approval of their academic committee for the protection of human subjects established in accordance with 45 C.F.R. part 46.

   Added 1993, No. 90 , § 2; amended 2015, No. 37 , § 1.

§ 156. Liability.

1. No action for damages arising from the disclosure of confidential or privileged information may be maintained against any person, or the employer or employee of any person, who participates in good faith in the reporting of cancer registry data or data for cancer morbidity or mortality studies in accordance with this chapter.
2. No license of a health care facility or health care provider may be denied, suspended, or revoked for the good faith disclosure of confidential or privileged information in the reporting of cancer registry data or data for cancer morbidity or mortality studies in accordance with this chapter.
3. Nothing in this section shall be construed to apply to the unauthorized disclosure of confidential or privileged information when such disclosure is due to gross negligence or willful misconduct.

   Added 1993, No. 90 , § 2.

§ 157. Vermont Mammography Registry.

The confidentiality, disclosure, and liability provisions of sections 154, 155, and 156 of this title shall likewise apply to all mammography and pathology data relating to breast cancer and any associated identifying information acquired by the Vermont Mammography Registry (VMR). In the case of VMR, the rights and obligations of the Commissioner of Health shall be assumed by the appropriate VMR governing body or official.

Added 1993, No. 140 (Adj. Sess.), § 107a, eff. April 15, 1994.

§ 158. Dense breast notification and education.

1. All health care facilities that perform mammography examinations shall include in the summary of the mammography report to be provided to a patient information that identifies the patient's individual breast tissue classification based on the Breast Imaging Reporting and Data System established by the American College of Radiology. If a facility determines that a patient has heterogeneously dense or extremely dense breasts, the summary of the mammography report shall also include a notice substantially similar to the following:

   "Your mammogram indicates that you have dense breast tissue. Dense breast tissue is a normal finding that is present in about 40 percent of women. Dense breast tissue can make it more difficult to detect cancer on a mammogram and may be associated with a slightly increased risk for breast cancer. This information is provided to raise your awareness of the impact of breast density on cancer detection and to encourage you to discuss this issue, as well as other breast cancer risk factors, with your health care provider as you decide together which screening options may be right for you."

2. Facilities that perform mammography examinations may update the language in their notices over time to reflect advances in science and technology, as long as they continue to notify patients about the frequency of dense breast tissue and its effect on the accuracy of mammograms and encourage patients to discuss the issue with their health care provider. Facilities shall notify the Department of Health each time they make changes to the notice required by this section and shall provide an updated copy for the Department's information and review.
3. Nothing in this section shall be construed to create a duty of care or other legal obligation beyond the duty to provide notice as set forth in this section.

   Added 2015, No. 139 (Adj. Sess.), § 1.

§ 201. Cancer control; tumor clinics.

The Board shall establish, organize, and conduct a statewide cancer control program and may organize and conduct tumor clinics or cooperate with and subsidize hospital or locally organized tumor clinics in such parts of the State as such Board may deem most advantageous for the public health. In so far as is practicable, the Board shall conduct a professional and lay educational program in regard to the early diagnosis, care, and cure of cancer.

Amended 1959, No. 123 , § 1, eff. April 17, 1959; 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961.

§ 202. Clinical care of cancer patients; State aid.

The Board may furnish clinical care or diagnostic procedures for persons with cancer or suspicion of cancer. The Board may grant State aid for the care of persons who have cancer or suspicion of cancer and are without means of providing for themselves adequate care as required by their condition, provided that the aid so granted shall not, in any individual case, exceed one-half the total bill. Notwithstanding any provisions of law to the contrary, the names of persons receiving aid under this section shall not be printed in any public report, and the State Board of Health shall fix the maximum amount to be paid in any given case not to exceed $500.00 in any patient year.

Amended 1959, No. 123 , § 2, eff. April 17, 1959; 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961.

§ 203. Contributions.

The Board is authorized to receive voluntary contributions for the purposes of this chapter and of section 116 of this title from any source other than the State Treasury and any sums allotted to and received by the State or the Board from the federal government for such purposes and to administer and expend the same for the purposes specified.

Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961.

§§ 251-255. Recodified. 1999, No. 62, § 123e.

§ 251. Definitions.

As used in this chapter:

1. "Cultural competency" means a set of integrated attitudes, knowledge, and skills that enables a health care professional to care effectively for patients from cultures, groups, and communities other than that of the health care professional. At a minimum, cultural competency should include the following:
   1. awareness and acknowledgement of the health care professional's own culture;
   2. utilization of cultural information to establish therapeutic relationships;
   3. eliciting and incorporating pertinent cultural data in diagnosis and treatment;
   4. understanding and applying cultural and ethnic data to the process of clinical care; and
   5. the ability to recognize the importance of communication, language fluency, and interpretation in the provision of health care services and assist with access to interpretation and appropriate communication services.
2. "Cultural humility" means the ability to maintain an interpersonal stance that is other-oriented, or open to the other, in relation to aspects of cultural identity that are most important to the client or patient.
3. "Health disparity" means differences that exist among specific population groups in the United States in attaining individuals' full health potential that can be measured by differences in incidence, prevalence, mortality, burden of disease, and other adverse health conditions.
4. "Health equity" means all people have a fair and just opportunity to be healthy, especially those who have experienced socioeconomic disadvantage, historical injustice, and other avoidable systemic inequalities that are often associated with the social categories of race, gender, ethnicity, social position, sexual orientation, and disability.
5. "Health equity data" means demographic data, including, but not limited to, race, ethnicity, primary language, age, gender, socioeconomic position, sexual orientation, disability, homelessness, or geographic data that can be used to track health equity.
6. "LGBTQ" means Vermonters who identify as lesbian, gay, bisexual, transgender, queer, or questioning.
7. "Non-White" means Black, Indigenous, and Persons of Color. It is not intended to reflect self-identity, but rather how people are categorized in the racial system on which discrimination has been historically based in the United States and how Vermont typically disaggregates data solely by White and non-White.
8. "Race and ethnicity" mean the categories for classifying individuals that have been created by prevailing social perceptions, historical policies, and practices. Race and ethnicity include how individuals perceive themselves and how individuals are perceived by others.
9. "Social determinants of health" are the conditions in the environments where people are born, live, learn, work, play, worship, and age, such as poverty, income and wealth inequality, racism, and sex discrimination, that affect a wide range of health, functioning, and quality-of-life outcomes and risks. They can be grouped into five domains: economic stability; education access and quality; health care access and quality; neighborhood and built environment; and social and community context. Social determinants of health are systematic, interconnected, cumulative, and intergenerational conditions that are associated with lower capacity to fully participate in society.

   Added 2021, No. 33 , § 3.

§ 252. Health Equity Advisory Commission.

1. Creation.  There is created the Health Equity Advisory Commission to promote health equity and eradicate health disparities among Vermonters, including particularly those who are Black, Indigenous, and Persons of Color; individuals who are LGBTQ; and individuals with disabilities. The Advisory Commission shall amplify the voices of impacted communities regarding decisions made by the State that impact health equity, whether in the provision of health care services or as the result of social determinants of health. The Advisory Commission shall also provide strategic guidance on the development of the Office of Health Equity, including recommendations on the structure, responsibilities, and jurisdiction of such an office.
2. Membership.
   1. The Advisory Commission shall be composed of the following members:
      1. the Executive Director of Racial Equity established pursuant to 3 V.S.A. § 5001 or designee;
      2. the Commissioner of Health or designee;
      3. the Commissioner of Mental Health or designee;
      4. the Commissioner of Disabilities, Aging, and Independent Living or designee;
      5. the Commissioner of Vermont Health Access or designee;
      6. the Commissioner for Children and Families or designee;
      7. the Commissioner of Housing and Community Development or designee;
      8. the Commissioner of Economic Development or designee;
      9. the Chief Performance Officer or designee;
      10. the Chief Prevention Officer or designee;
      11. a member, appointed by the Racial Justice Alliance;
      12. a member, appointed by the Rutland Area NAACP;
      13. a member, appointed by the Association of Africans Living in Vermont;
      14. a member, appointed by the Windham County Vermont NAACP;
      15. a member, appointed by the Pride Center of Vermont;
      16. a member, appointed by Outright Vermont;
      17. a member, appointed by Migrant Justice;
      18. a member, appointed by Out in the Open;
      19. a member, appointed by Another Way Community Center;
      20. a member, appointed by Vermont Psychiatric Survivors;
      21. a member, appointed by the Vermont Center for Independent Living;
      22. a member, appointed by the Elnu Abenaki Tribe;
      23. a member, appointed by the Nulhegan Abenaki Tribe;
      24. a member, appointed by the Koasek Traditional Nation of Missiquoi;
      25. a member, appointed by the Abenaki Nation of Missiquoi;
      26. a member, appointed by the Vermont Commission on Native American Affairs;
      27. a member, appointed by Green Mountain Self-Advocates;
      28. a member, appointed by the Vermont Developmental Disabilities Council;
      29. a member, appointed by Vermont Federation of Families for Children's Mental Health; and
      30. any other members at large that the Advisory Commission deems necessary to appoint to carry out the functions of this section, including ensuring equitable representation and a balance between impacted communities, and that health care provider perspectives are represented, based on a majority vote of the members.
   2. The term of office of each appointed member shall be three years, with the exception that members at large shall each have a term of one year. Of the members first appointed, who are not designated as at-large members, ten shall be appointed for a term of one year, ten shall be appointed for a term of two years, and nine shall be appointed for a term of three years. Members shall hold office for the term of their appointments and until their successors have been appointed. All vacancies shall be filled for the balance of the unexpired term in the same manner as the original appointment. Members are eligible for reappointment.
3. Powers and duties.  The Advisory Commission shall:
   1. provide guidance on the development of the Office of Health Equity, which shall be established based on the Advisory Commission's recommendations not later than January 1, 2023, including on:
      1. the structure, responsibilities, and jurisdiction of the Office;
      2. whether the Office shall be independent and, if not, in which State agency or department it shall be situated;
      3. how the Office shall be staffed;
      4. the populations served and specific issues addressed by the Office;
      5. the duties of the Office, including how grant funds shall be managed and distributed; and
      6. the time frame and necessary steps to establish the Office;
   2. provide advice and make recommendations to the Office of Health Equity once established, including input on:
      1. any rules or policies proposed by the Office;
      2. the awarding of grants and the development of programs and services;
      3. the needs, priorities, programs, and policies relating to the health of individuals who are Black, Indigenous, and Persons of Color; individuals who are LGBTQ; and individuals with disabilities; and
      4. any other issue on which the Office of Health Equity requests assistance from the Advisory Commission;
   3. review, monitor, and advise all State agencies regarding the impact of current and emerging State policies, procedures, practices, laws, and rules on the health of individuals who are Black, Indigenous, and Persons of Color; individuals who are LGBTQ; and individuals with disabilities;
   4. identify and examine the limitations and problems associated with existing laws, rules, programs, and services related to the health status of individuals who are Black, Indigenous, and Persons of Color; individuals who are LGBTQ; and individuals with disabilities;
   5. advise the Department of Health and General Assembly on any funding decisions relating to eliminating health disparities and promoting health equity, including the distribution of federal monies related to COVID-19;
   6. to the extent funds are available for the purpose, distribute grants that stimulate the development of community-based and neighborhood-based projects that will improve the health outcomes of individuals who are Black, Indigenous, and Persons of Color; individuals who are LGBTQ; and individuals with disabilities; and
   7. advise the General Assembly on efforts to improve cultural competency, cultural humility, and antiracism in the health care system through training and continuing education requirements for health care providers and other clinical professionals.
4. Assistance.  The Advisory Commission shall have the administrative, legal, and technical assistance of the Agency of Administration at the request of the Executive Director of Racial Equity.
5. Report.  Annually, on or before January 15, the Advisory Commission shall submit a written report to the Senate Committee on Health and Welfare and to the House Committees on Health Care and on Human Services with its findings and any recommendations for legislative action. The Advisory Commission is encouraged to base recommendations on the data collected and analysis completed pursuant to section 253 of this title.
6. Meetings.
   1. The Executive Director of Racial Equity or designee shall call the first meeting of the Advisory Commission to occur on or before September 1, 2021.
   2. The Advisory Commission shall select a chair and vice chair at its first meeting and annually thereafter.
   3. The Advisory Commission shall adopt procedures to govern its proceedings, including voting procedures and how the staggered terms shall be apportioned among members.
   4. All meetings of the Advisory Commission and any subcommittees of the Advisory Commission shall be open to the public with opportunities for public comment provided on a regular basis.
7. Acceptance of grants and other contributions.  The Advisory Commission may accept from any governmental department or agency, public or private body, or any other source grants or contributions to be used in carrying out its responsibilities under this chapter.
8. Compensation and reimbursement.  Appointed members of the Advisory Commission shall be entitled to per diem compensation and reimbursement of expenses as permitted under 32 V.S.A. § 1010 for meetings as deemed appropriate by the Advisory Commission within the appropriation provided. These payments shall be made from monies appropriated to the Agency of Administration.

   Added 2021, No. 33 , § 3.

§ 253. Data responsive to health equity inquiries.

1. Each State agency, department, board, or commission that collects health-related, individual data shall include in its data collection health equity data disaggregated by race, ethnicity, gender identity, age, primary language, socioeconomic status, disability, and sexual orientation. Data related to race and ethnicity shall use separate collection categories and tabulations, disaggregated beyond non-White and White, in accordance with the recommendation made by the Executive Director of Racial Equity, in consultation with the Advisory Commission.
2. 1. The Department of Health shall systematically analyze such health equity data using the smallest appropriate units of analysis feasible to detect racial and ethnic disparities, as well as disparities along the lines of primary language, sex, disability status, sexual orientation, gender identity, and socioeconomic status, and report the results of such analysis on the Department's website periodically, but not less than biannually. The Department's analysis shall be used to measure over time the impact of actions taken to reduce health disparities in Vermont. The data informing the Department's analysis shall be made available to the public in accordance with State and federal law. (b) (1)  The Department of Health shall systematically analyze such health equity data using the smallest appropriate units of analysis feasible to detect racial and ethnic disparities, as well as disparities along the lines of primary language, sex, disability status, sexual orientation, gender identity, and socioeconomic status, and report the results of such analysis on the Department's website periodically, but not less than biannually. The Department's analysis shall be used to measure over time the impact of actions taken to reduce health disparities in Vermont. The data informing the Department's analysis shall be made available to the public in accordance with State and federal law.
   2. Annually, on or before January 15, the Department shall submit a report containing the results of the analysis conducted pursuant to subdivision (1) of this subsection to the Senate Committee on Health and Welfare and to the House Committees on Health Care and on Human Services.

      Added 2021, No. 33 , § 3.

§ 301. Program of dental health established.

The State Board of Health shall maintain a statewide program of dental health.

Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961.

§ 302. Dental educational program.

The Board, through its Dental Health Division, shall cooperate with the dental profession in any educational programs for the purpose of improving the dental health of the people of the State.

Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961.

§ 303. Community dental programs.

The Board may advise with communities in the establishment of community dental programs. This shall be done in cooperation with the representatives of the dental profession in any given area.

Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961.

§ 304. Rules and procedures; personnel.

The Board may adopt such rules and procedures and employ such personnel as are necessary to carry out the purposes of this subchapter.

Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961.

§ 305. Federal funds and other contributions.

The Board is authorized to receive for the purpose of this subchapter voluntary contributions from any source whatever and any sums from the federal government and to administer the same.

Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961.

§§ 351-354. Repealed. 2003, No. 107 (Adj. Sess.), § 21(3).

§ 501. State health laboratory; other laboratories; tests.

The Board shall have supervision and management of the Vermont State health laboratory. The Board may provide for approval and registration of laboratories performing examinations or tests of a public health nature. Any laboratory that examines material for any living agent or evidence of living agent of a reportable disease to any person shall send the results of such tests, if positive, forthwith to the State health laboratory. The laboratory shall make chemical and bacteriological examination of water supplies, milk, and food products and examinations for the detection and control of communicable diseases; and shall carry on such work in relation to the health of the residents of the State as the Board shall direct.

Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; amended 2017, No. 113 (Adj. Sess.), § 52.

§ 501a. Specimens submitted by chiropractic physicians.

1. According to the public health laws of this State, the State health laboratory is required to serve the interests of all of the people of the State, and as chiropractic physicians are subject to the laws relating to contagious and infectious diseases, the purpose of this section is to authorize the facilities of the State health laboratory to chiropractic physicians and their patients.
2. All duly licensed chiropractic physicians in this State shall be legally entitled to submit specimens for examination and to receive reports on such specimens submitted to the laboratory.
3. This section shall not be construed to enlarge or restrict the existing legal practice of chiropractors.

   Added 1959, No. 241 , §§ 1-3; amended 2017, No. 113 (Adj. Sess.), § 53.

§ 501b. Certification of laboratories.

1. The Commissioner may certify a laboratory that meets the standards currently in effect of the National Environmental Laboratory Accreditation Conference and is accredited by an approved National Environmental Laboratory Accreditation Program accrediting authority or its equivalent to perform the testing and monitoring:
   1. required under 10 V.S.A. chapter 56 and the federal Safe Drinking Water Act; and
   2. of water from a potable water supply, as that term is defined in 10 V.S.A. § 1972(6) .
2. 1. The Commissioner may by order suspend or revoke a certificate granted under this section, after notice and opportunity to be heard, if the Commissioner finds that the certificate holder has: (b) (1)  The Commissioner may by order suspend or revoke a certificate granted under this section, after notice and opportunity to be heard, if the Commissioner finds that the certificate holder has:
      1. submitted materially false or materially inaccurate information; or
      2. violated any material requirement, restriction, or condition of the certificate; or
      3. violated any statute, rule, or order relating to this title.
   2. The order shall set forth what steps, if any, may be taken by the certificate holder to relieve the holder of the suspension or enable the certificate holder to reapply for certification if a previous certificate has been revoked.
3. A person may appeal the suspension or revocation of the certificate to the Board under section 128 of this title.
4. Laboratory certification and approval         Annual fee shall be:         Drug laboratory approval                                      $500.00         Drug laboratory alternate approval                            $300.00         Drug laboratory approval renewal                              $300.00         Safe Drinking Water Act (SDWA) laboratory     certification     Bacteriology                                                  $500.00         Inorganic chemistry                                           $500.00         Organic chemistry (volatile organic     compounds/pesticides                                          $500.00         Radiological chemistry                                        $500.00         Laboratory site visits                                 Not to exceed cost     Clinical laboratory registration fee                           $25.00
5. Fees collected under this section shall be credited to a special fund and shall be available to the Department to offset the costs of providing these services.
6. A laboratory certified to conduct testing of groundwater sources or water supplies for use by a potable water supply, as that term is defined in 10 V.S.A. § 1972(6) , including under the requirements of 10 V.S.A. § 1982 , shall submit the results of groundwater analyses to the Department of Health in a format required by the Department of Health.

   Added 1991, No. 71 , § 6; amended 1997, No. 155 (Adj. Sess.), § 56; 2003, No. 163 (Adj. Sess.), § 1; 2011, No. 163 (Adj. Sess.), § 3, eff. Jan. 1, 2013; 2017, No. 161 (Adj. Sess.), § 6; 2019, No. 57 , § 16.

§ 502. School of instruction; periodicals.

The Board may conduct a school of instruction for health officers at such times and places as it directs. It may issue a periodical giving the results of the work done at the laboratory and the approved methods for the protection of the public health, and such publications shall be furnished free to health officers and residents of the State.

Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961.

§ 503. Use of laboratory by people.

1. The use of the laboratory, and all investigations mentioned in this chapter therein made, except as otherwise provided, shall be available to the people of this State.
2. Reasonable fees shall be charged to cover the cost of services provided if the service is not requested under the authority of the Commissioner of Health.
3. Notwithstanding the provisions of 32 V.S.A. § 603 , the Commissioner shall establish fees reasonably related to the cost of the laboratory services. The Commissioner shall have the discretion to change fee amounts or add new fees to respond to new laboratory testing requirements or improvements, except for fee increases charged to municipalities for testing public water systems and supplies and the fee for total coliform testing which shall be not more than $14.00. In determining whether to exercise such discretion, the Commissioner shall consider such factors as newly identified public health needs, changes in technology or methodology which affect cost, changes in testing supply cost, and changes in sample numbers which affect testing costs. Fees collected under this section shall be credited to a special fund and shall be available to the Department to offset the cost of providing the services, and shall be reported in accordance with 32 V.S.A. § 605 .

   Amended 1985, No. 220 (Adj. Sess.), § 1; 1991, No. 71 , § 5; 1999, No. 49 , §§ 187, 188; 2001, No. 143 (Adj. Sess.), § 51, eff. June 21, 2002; 2003, No. 61 , § 2.

§ 504. Investigation in criminal cause; expert witness.

When the State's Attorney of a county, on the order of a Superior judge or the Attorney General, for use in a criminal cause pending in his or her office, requests an expert investigation, chemical or pathological, of a substance, such investigation shall be made at the laboratory forthwith, without charge to the State; and the expert making or interpreting such investigation shall submit the results of such expert's work to such State's Attorney, and shall attend court as a witness at any place in the State when required to do so by subpoena, and submit in court the results of such expert's investigation; and he or she shall be paid as such witness his or her actual expenses of attendance when summoned by the State.

Amended 1985, No. 267 (Adj. Sess.), § 16.

§ 505. Autopsies.

When a Superior Judge or the Attorney General orders an autopsy on the body of a person, as provided in section 504 of this title, he or she shall therein direct that such autopsy shall be made by the Chief Medical Examiner, or under his or her direction, unless, for good cause shown, such judge or the Attorney General otherwise directs.

Amended 1971, No. 33 , § 2, eff. July 1, 1971.

§ 506. Duties and compensation of the Chief Medical Examiner performing autopsy.

At such autopsy, the Chief Medical Examiner shall take and preserve under proper seal, such portions of the body and its contents, together with such other articles as he or she judges may require subsequent examination in the investigation of the case. For performing such autopsy, he or she shall be paid his or her actual expenses, including the expenses of his or her assistants. The Commissioner of Finance and Management, upon presentation of the account for such expenses, duly sworn to by the Chief Medical Examiner and approved by the Attorney General, shall issue his or her warrant therefor.

Amended 1959, No. 328 (Adj. Sess.), § 8(a), (b); 1971, No. 33 , § 3, eff. July 1, 1971; 1983, No. 195 (Adj. Sess.), § 5.

§ 507. Contract for services of the Chief Medical Examiner.

The State Board of Health may contract with any person, institution, or State department for the performance of any or all of the duties of the Chief Medical Examiner. Such services shall be paid for from the biennial budget of the Department of Health.

Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1961, No. 20 ; 1971, No. 33 , § 4, eff. July 1, 1971.

§ 508. Medical examiners, appointment; term.

1. The Chief Medical Examiner may appoint regional medical examiners, who shall be licensed doctors of medicine or osteopathy geographically distributed throughout the State. A regional medical examiner may be licensed in Vermont or in another state. The regional medical examiners shall serve indefinite terms at the pleasure of the Chief Medical Examiner.
2. The Chief Medical Examiner may appoint assistant medical examiners to assist in performing the duties of the Chief Medical Examiner. An assistant medical examiner shall be an individual with extensive experience in the medical profession which may include medicine, nursing, emergency medical work, or any other medical profession deemed by the Chief Medical Examiner to provide sufficient health care experience, including an individual licensed in a medical profession in another state. An assistant medical examiner shall serve at the pleasure of and be under the direction and supervision of the Chief Medical Examiner. The Chief Medical Examiner may assign assistant medical examiners to work under the supervision of a regional medical examiner. An assistant medical examiner shall not perform autopsies except within his or her defined scope of practice.
3. An assistant medical examiner shall meet the training and certification requirements established by the Chief Medical Examiner and approved by the Commissioner.

   Amended 1961, No. 43 ; 1969, No. 128 , § 1; 1971, No. 33 , § 5, eff. July 1, 1971; 1999, No. 45 , § 1.

§ 509. Autopsy; payment; fees.

For performing an autopsy, the Chief Medical Examiner and his or her assistants are entitled to their expenses from the State upon giving the Commissioner of Finance and Management their certified voucher. Regional medical examiners and assistant medical examiners are entitled to receive from the State a fee fixed by the Commissioner of Health and approved by the Attorney General, plus their reasonable and necessary expenses.

Amended 1959, No. 328 (Adj. Sess.), § 8; 1961, No. 190 ; 1963, No. 11 , eff. March 19, 1963; 1969, No. 265 (Adj. Sess.), § 2, eff. July 1, 1970; 1971, No. 33 , § 6, eff. July 1, 1971; 1983, No. 195 (Adj. Sess.), § 5; 1987, No. 191 (Adj. Sess.); 1999, No. 45 , § 2.

§ 510. Removal and retention of pituitary glands.

In the course of any autopsy performed by the Chief Medical Examiner or his or her designee, the Chief Medical Examiner may remove the pituitary gland from the body for use in manufacturing a hormone necessary for the physical growth of persons who are, or may become, hypopituitary dwarfs. However, the pituitary gland shall not be removed or retained under the authority of this section if the person having the right to control disposition of the decedent's remains notifies the examiner prior to the autopsy that removal of the decedent's pituitary gland would be contrary to the religious beliefs or personal conviction of such person or of the decedent at the time of death.

Added 1983, No. 140 (Adj. Sess.), eff. April 5, 1984.

§ 511. Actions against medical examiners.

Actions taken by any person given authority under this chapter, including an assistant medical examiner, shall be considered to be actions taken by a State employee for the purposes of 3 V.S.A. chapter 29 and 12 V.S.A. chapter 189 if such actions occurred within the scope of such person's duties.

Added 2017, No. 80 , § 16.

§ 601. Local health officials.

1. The Commissioner shall appoint, upon recommendation of the selectboard, a local health officer for each town or city, and the Commissioner shall give such officer a certificate of appointment.  The Commissioner may appoint one or more deputy local health officers for a town or city upon written request of the local board of health.  In case the selectboard neglect or refuse to recommend to the Commissioner a local health officer, the Commissioner after 30 days' notice in writing to the selectboard shall appoint a local health officer.
2. With the approval of the Commissioner, towns and cities may combine to form health districts.  The towns and cities in such districts, through their selectboards, may recommend to the Commissioner the appointment of a district health officer. They may establish an advisory district board of health and provide for appointment and terms of service of members who shall be representative citizens of the towns in the health district.  The district health officer may perform the duties of local health officer in any town or city in the district at any time after written notice to the selectboard.  The district health officer, when authorized by the selectboard of each town or city in the health district and with the advice of the district board of health, may employ such persons as may be necessary to assist such officer in carrying on a preventive, protective, and promotional health program in his or her district. Towns in a district may use local tax revenues for the support of the district health officer, advisory board, employees, and programs, and the district board of health may accept grants for those purposes.
3. The Commissioner may remove a local health officer at any time for cause. Vacancies shall be filled in the same manner as the original appointment was made.

   Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1961, No. 39 ; 1985, No. 267 (Adj. Sess.), § 17.

§ 602. Compensation of health officers.

1. All compensation for services rendered by local health officers appointed under section 601 of this title shall be provided by and under the control of the selectboard.
2. The selectboard may reimburse local health officers appointed under section 601 of this title for all reasonable expenses incurred by such local health officers in the execution of their duties.

   Amended 1985, No. 267 (Adj. Sess.), § 18.

§ 602a. Duties of local health officers.

1. A local health officer, within his or her jurisdiction, shall:
   1. upon request of a landlord or tenant, or upon receipt of information regarding a condition that may be a public health hazard, conduct an investigation;
   2. enforce the provisions of this title, the rules promulgated, and permits issued thereunder;
   3. prevent, remove, or destroy any public health hazard, or mitigate any significant public health risk in accordance with the provisions of this title;
   4. in consultation with the Department, take the steps necessary to enforce all orders issued pursuant to chapter 3 of this title.
2. Upon discovery of violation or a public health hazard or public health risk that involves a public water system, a food or lodging establishment, or any other matter regulated by Department rule, the local health officer shall immediately notify the Division of Environmental Health.  Upon discovery of any other violation, public health hazard, or public health risk, the local health officer shall notify the Division of Environmental Health within 48 hours of discovery of such violation or hazard and of any action taken by the officer.

   Added 1985, No. 267 (Adj. Sess.), § 19; amended 2017, No. 188 (Adj. Sess.), § 4.

§ 603. Rental housing safety; inspection reports.

1. 1. When conducting an investigation of rental housing, a local health officer shall issue a written inspection report on the rental property using the protocols for implementing the Rental Housing Health Code of the Department or the municipality, in the case of a municipality that has established a code enforcement office. (a) (1)  When conducting an investigation of rental housing, a local health officer shall issue a written inspection report on the rental property using the protocols for implementing the Rental Housing Health Code of the Department or the municipality, in the case of a municipality that has established a code enforcement office.
   2. A written inspection report shall:
      1. contain findings of fact that serve as the basis of one or more violations;
      2. specify the requirements and timelines necessary to correct a violation;
      3. provide notice that the landlord is prohibited from renting the affected unit to a new tenant until the violation is corrected; and
      4. provide notice in plain language that the landlord and agents of the landlord must have access to the rental unit to make repairs as ordered by the health officer consistent with the access provisions in 9 V.S.A. § 4460 .
   3. A local health officer shall:
      1. provide a copy of the inspection report to the landlord and any tenants affected by a violation by delivering the report electronically, in person, by first class mail, or by leaving a copy at each unit affected by the deficiency; and
      2. 1. if a municipality has established a code enforcement office, provide information on each inspection according to a schedule and in a format adopted by the Department in consultation with municipalities that have established code enforcement offices; or (B) (i) if a municipality has established a code enforcement office, provide information on each inspection according to a schedule and in a format adopted by the Department in consultation with municipalities that have established code enforcement offices; or
         2. if a municipality has not established a code enforcement office, provide information on each inspection to the Department within seven days of issuing the report using an electronic system designed for that purpose, or within 14 days by mail if the municipality is unable to utilize the electronic system.
   4. If an entire property is affected by a violation, the local health officer shall post a copy of the inspection report in a common area of the property and include a prominent notice that the report shall not be removed until authorized by the local health officer.
   5. A municipality shall make an inspection report available as a public record.
2. 1. A local health officer may impose a civil penalty of not more than $200.00 per day for each violation that is not corrected by the date provided in the written inspection report, or when a unit is re-rented to a new tenant prior to the correction of a violation. (b) (1)  A local health officer may impose a civil penalty of not more than $200.00 per day for each violation that is not corrected by the date provided in the written inspection report, or when a unit is re-rented to a new tenant prior to the correction of a violation.
   2. 1. If the cumulative amount of penalties imposed pursuant to this subsection is $800.00 or less, the local health officer, Department of Health, or State's Attorney may bring a civil enforcement action in the Judicial Bureau pursuant to 4 V.S.A. chapter 29. (2) (A) If the cumulative amount of penalties imposed pursuant to this subsection is $800.00 or less, the local health officer, Department of Health, or State's Attorney may bring a civil enforcement action in the Judicial Bureau pursuant to 4 V.S.A. chapter 29.
      2. The waiver penalty for a violation in an action brought pursuant to this subsection is 50 percent of the full penalty amount.
   3. If the cumulative amount of penalties imposed pursuant to this subsection is more than $800.00, or if injunctive relief is sought, the local health officer, Department of Health, or State's Attorney may commence an action in the Civil Division of the Superior Court for the county in which a violation occurred.
3. If a local health officer fails to conduct an investigation pursuant to section 602a of this title or fails to issue an inspection report pursuant to this section, a landlord or tenant may request that the Department, at its discretion, conduct an investigation or contact the local board of health to take action.

   Added 2017, No. 188 (Adj. Sess.), § 5; amended 2019, No. 48 , § 6.

§ 604. Local Board of Health.

The local health officer, with the selectboard of the town, or the city council of a city, shall constitute a local board of health for such town or city.

Amended 1985, No. 267 (Adj. Sess.), § 20.

§ 605. Local health officer as secretary and executive officer of local board.

The local health officer shall be the secretary and executive officer of the local board of health, and shall hold office for three years, and until a successor is appointed.

Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1985, No. 267 (Adj. Sess.), § 21.

§§ 606, 607. Repealed. 1985, No. 267 (Adj. Sess.), § 28.

§ 608. Inspection of schoolhouses and public buildings.

The health officer, under the direction of the Board, shall make a sanitary survey of each schoolhouse, all school lunch facilities, and any building used for public purposes, and annually in the month of February report to the Board, and to the city council or the annual town meeting, as the case may be.

Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961.

§§ 609-612. Repealed. 1985, No. 267 (Adj. Sess.), § 28.

§ 613. Powers of local board.

1. A local board of health may make and enforce rules in such town or city relating to the prevention, removal, or destruction of public health hazards and the mitigation of public health risks, provided that such rules have been approved by the Commissioner. Such rules shall be posted and published in the same manner that ordinances of the municipality are required to be posted and published.
2. A local board's jurisdiction over sewage disposal includes emergent conditions which create a risk to the public health as a result of sewage treatment and disposal, or its effects on water supply, but does not include the power to adopt ordinances, rules, or regulations relating to design standards for on-site sewage disposal systems.  The board may act to abate nuisances affecting public health caused by the failure of a sewage disposal system to:
   1. prevent surfacing of sewage and the creation of a health hazard; or
   2. prevent the pollution or contamination of drinking water supplies, groundwater, and surface water; or
   3. maintain sanitary and healthful conditions during operation.
3. All rules or ordinances adopted by a local board of health shall be consistent with the purposes, policies, and provisions of this title.

   Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1983, No. 117 (Adj. Sess.), § 3; 1985, No. 267 (Adj. Sess.), § 22; 2017, No. 113 (Adj. Sess.), § 54.

§ 614. Repealed. 1985, No. 267 (Adj. Sess.), § 28.

§ 615. Approval of selectboard.

A local health officer shall not incur significant expense to the town or city for the prevention, removal, or destruction of any public health hazard or the mitigation of any public health risk without the consent and approval of the selectboard of such town or city.

Amended 1985, No. 267 (Adj. Sess.), § 23.

§ 616. Repealed. 1985, No. 267 (Adj. Sess.), § 28.

§ 617. Assistance by officers; penalty for neglect.

1. The local health officer or local board of health may call upon sheriffs, constables, and police officers to assist it in the proper discharge of its duties.  A sheriff, constable, or police officer who neglects or refuses to render such assistance shall be fined not more than $200.00.
2. A local health officer may call upon State health officials for technical or other assistance.

   Amended 1985, No. 267 (Adj. Sess.), § 24.

§§ 618-621. Repealed. 1985, No. 267 (Adj. Sess.), § 28.

§ 622. Health officers for unorganized towns and gores.

The Commissioner shall have power to designate a local health officer of a town adjoining an unorganized town or gore as the local health officer of such unorganized town or gore. Such health officer shall report to the Commissioner every violation of this title or any rule adopted, permit or order issued thereunder, and any public health hazard or public health risk of which such officer has knowledge as existing in such unorganized town or gore, and, in such unorganized town or gore, shall perform all acts required of the local health officer of a town. Upon receiving such information from such health officer, the Commissioner shall perform all acts in relation to such cases the same as if such information came from the local health officer of a town.

Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1985, No. 267 (Adj. Sess.), § 25.

§ 623. Compensation and expenses.

The services and expenses of a local health officer of unorganized towns and gores, with the approval of the Commissioner, shall be paid by the State from the taxes collected from such unorganized town or gore wherein the services were rendered or the expense incurred. The Commissioner of Finance and Management shall issue a warrant therefor.

Amended 1959, No. 328 (Adj. Sess.), § 8; 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1983, No. 195 (Adj. Sess.), § 5(b); 1985, No. 267 (Adj. Sess.), § 26.

§ 624. Actions against local health officers.

Actions taken by local health officers or by any other person given authority by chapters 3 and 11 of this title shall be considered to be actions taken by State employees for the purposes of 3 V.S.A. chapter 29 and 12 V.S.A. chapter 189 if such actions occurred within the scope of such person's duties.

Added 1985, No. 267 (Adj. Sess.), § 27.

§ 701. Definitions.

As used in this chapter:

1. "Blueprint for Health" or "Blueprint" means the State's program for integrating a system of health care for patients, improving the health of the overall population, and improving control over health care costs by promoting health maintenance, prevention, and care coordination and management.
2. "Board" means the Green Mountain Care Board established in chapter 220 of this title.
3. "Chronic care" means health services provided by a health care professional for an established clinical condition that is expected to last a year or more and that requires ongoing clinical management attempting to restore the individual to highest function, minimize the negative effects of the condition, prevent complications related to chronic conditions, engage in advanced care planning, and promote appropriate access to palliative care and pain and symptom management. Examples of chronic conditions include diabetes, hypertension, cardiovascular disease, cancer, asthma, pulmonary disease, substance abuse, mental condition or psychiatric disability, spinal cord injury, hyperlipidemia, dementia, and chronic pain.
4. "Chronic care information system" means the electronic database developed under the Blueprint for Health that shall include information on all cases of a particular disease or health condition in a defined population of individuals.
5. "Chronic care management" means a system of coordinated health care interventions and communications for individuals with chronic conditions, including significant patient self-care efforts, systemic supports for licensed health care practitioners and their patients, and a plan of care emphasizing, on an ongoing basis and with the goals of improving overall health and meeting patients' needs:
   1. prevention of complications utilizing evidence-based practice guidelines;
   2. patient empowerment strategies;
   3. evaluation of clinical, humanistic, and economic outcomes; and
   4. advance care planning, palliative care, pain management, and hospice services, as appropriate.
6. "Global payment" means a payment from a health insurer, Medicaid, Medicare, or other payer for the health services of a defined population of patients for a defined period of time. Such payments may be adjusted to account for the population's underlying risk factors, including severity of illness and socioeconomic factors that may influence the cost of health care for the population.
7. "Health care professional" means an individual, partnership, corporation, facility, or institution licensed or certified or authorized by law to provide professional health care services.
8. "Health benefit plan" shall have the same meaning as health insurance plan in 8 V.S.A. § 4088h .
9. "Health insurer" shall have the same meaning as in section 9402 of this title.
10. "Health service" means any treatment or procedure delivered by a health care professional to maintain an individual's physical or mental health or to diagnose or treat an individual's physical or mental condition or intellectual disability, including services ordered by a health care professional, chronic care management, preventive care, wellness services, and medically necessary services to assist in activities of daily living.
11. "Hospital" shall have the same meaning as in section 9451 of this title.
12. "Integrated delivery system" means a group of health care professionals, associated either through employment by a single entity or through a contractual arrangement, that provides health services for a defined population of patients and is compensated through a global payment.
13. "Payment reform" means modifying the method of payment from a fee for-service basis to one or more alternative methods for compensating health care professionals, health care provider bargaining groups created pursuant to section 9409 of this title, integrated delivery systems and other health care professional arrangements, manufacturers of prescribed products, medical supply companies, and other companies providing health services or health supplies, for the provision of high-quality and efficient health services, products, and supplies while measuring quality and efficiency. The term may include shared savings agreements, bundled payments, episode-based payments, and global payments.
14. "Preventive care" means health services provided by health care professionals to identify and treat asymptomatic individuals who have risk factors or preclinical disease, but in whom the disease is not clinically apparent, including immunizations and screening, counseling, treatment, and medication determined by scientific evidence to be effective in preventing or detecting a condition.
15. "Wellness services" means health services, programs, or activities that focus on the promotion or maintenance of good health.

    Added 2005, No. 191 (Adj. Sess.), § 5; amended 2009, No. 25 , § 8; 2009, No. 128 (Adj. Sess.), § 13; 2011, No. 48 , § 3c; 2011, No. 60 , § 5, eff. June 1, 2011; 2011, No. 171 (Adj. Sess.), § 37, eff. May 16, 2012; 2013, No. 96 (Adj. Sess.), § 90.

§ 702. Blueprint for health; strategic plan.

1. 1. The Department of Vermont Health Access shall be responsible for the Blueprint for Health. (a) (1)  The Department of Vermont Health Access shall be responsible for the Blueprint for Health.
   2. The Director of the Blueprint, in collaboration with the Commissioners of Health, of Mental Health, of Vermont Health Access, and of Disabilities, Aging, and Independent Living, shall oversee the development and implementation of the Blueprint for Health, including a strategic plan describing the initiatives and implementation timelines and strategies. Whenever private health insurers are concerned, the Director shall collaborate with the Commissioner of Financial Regulation and the Chair of the Green Mountain Care Board.
2. 1. 1. The Commissioner of Vermont Health Access shall establish an executive committee to advise the Director of the Blueprint on creating and implementing a strategic plan for the development of the statewide system of chronic care and prevention as described under this section. The Executive Committee shall include: (b) (1) (A)  The Commissioner of Vermont Health Access shall establish an executive committee to advise the Director of the Blueprint on creating and implementing a strategic plan for the development of the statewide system of chronic care and prevention as described under this section. The Executive Committee shall include:
      2. The Executive Committee shall engage a broad range of health care professionals who provide health services, health insurers, professional organizations, community and nonprofit groups, consumers, businesses, school districts, and State and local government in developing recommendations over time for modifications to statewide implementation of the Blueprint.
   2. 1. [Repealed.] (2) (A) [Repealed.]
      2. The Director shall convene a payer implementation work group, which shall meet no fewer than six times annually, to design the medical home and community health team enhanced payments, including modifications over time, and to make recommendations to the Executive Committee. The work group shall include representatives of the participating health insurers, representatives of participating medical homes and community health teams, and the Commissioner of Vermont Health Access or designee. The work group shall comply with open meeting and public record requirements in 1 V.S.A. chapter 5.

   the Commissioner of Health;

   the Commissioner of Mental Health;

   a representative from the Green Mountain Care Board;

   a representative from the Department of Vermont Health Access;

   an individual appointed jointly by the President Pro Tempore of the Senate and the Speaker of the House of Representatives;

   a representative from the Vermont Medical Society;

   a representative from the Vermont Nurse Practitioners Association;

   a representative from a statewide quality assurance organization;

   a representative from the Vermont Association of Hospitals and Health Systems;

   two representatives of private health insurers;

   a consumer;

   a representative of the complementary and alternative medicine professions;

   a primary care professional serving low-income or uninsured Vermonters;

   a licensed mental health professional with clinical experience in Vermont;

   a representative of the Vermont Council of Developmental and Mental Health Services;

   a representative of the Vermont Assembly of Home Health Agencies who has clinical experience;

   a representative from a self-insured employer who offers a health benefit plan to its employees; and

   a representative of the State employees' health plan, who shall be designated by the Commissioner of Human Resources and who may be an employee of the third-party administrator contracting to provide services to the State employees' health plan.

3. The Blueprint shall be developed and implemented to further the following principles:
   1. The Blueprint community health team should serve a central role in the coordination of medical care and social services and shall be compensated appropriately for this effort.
   2. Use of information technology should be maximized.
   3. Local service providers should be used and supported, whenever possible.
   4. Transition plans should be developed by all involved parties to ensure a smooth and timely transition from the current model to the Blueprint model of health care delivery and payment.
   5. Implementation of the Blueprint in communities across the State should be accompanied by payment to providers sufficient to support care management activities consistent with the Blueprint, recognizing that interim or temporary payment measures may be necessary during early and transitional phases of implementation.
   6. Interventions designed to prevent chronic disease and improve outcomes for persons with chronic disease should be maximized, should target specific chronic disease risk factors, and should address changes in individual behavior; the physical, mental, and social environment; and health care policies and systems.
   7. Providers should assess trauma and toxic stress to ensure that the needs of the whole person are addressed and opportunities to build resilience and community supports are maximized.
4. The Blueprint for Health shall include the following initiatives:
   1. Technical assistance as provided for in section 703 of this title to implement:
      1. a patient-centered medical home;
      2. community health teams; and
      3. a model for uniform payment for health services by health insurers, Medicaid, Medicare if available, and other entities that encourage the use of the medical home and the community health teams.
   2. Collaboration with Vermont Information Technology Leaders established in section 9352 of this title to assist health care professionals and providers to create a statewide infrastructure of health information technology in order to expand the use of electronic medical records through a health information exchange and a centralized clinical registry on the Internet.
   3. In consultation with employers, consumers, health insurers, and health care providers, the development, maintenance, and promotion of evidence-based, nationally recommended guidelines for greater commonality, consistency, and coordination among health insurers in care management programs and systems.
   4. The adoption and maintenance of clinical quality and performance measures for each of the chronic conditions included in Medicaid's care management program established in 33 V.S.A. § 1903a . These conditions include asthma, chronic obstructive pulmonary disease, congestive heart failure, diabetes, and coronary artery disease.
   5. The adoption and maintenance of clinical quality and performance measures, aligned with, but not limited to, existing indicators related to outcomes set forth in 3 V.S.A. § 2311 that are relevant to the Agency of Human Services, to be reported by health care professionals, providers, or health insurers and used to assess and evaluate the impact of the Blueprint for Health and cost outcomes. In accordance with a schedule established by the Blueprint Executive Committee, all clinical quality and performance measures shall be reviewed for consistency with those used by the Medicare program and updated, if appropriate.
   6. The adoption and maintenance of clinical quality and performance measures for pain management, palliative care, and hospice care.
   7. The use of surveys to measure satisfaction levels of patients, health care professionals, and health care providers participating in the Blueprint.
5. The strategic plan developed under subsection (a) of this section shall be reviewed biennially and amended as necessary to reflect changes in priorities. Amendments to the plan shall be included in the report established under section 709 of this title.

   Added 2005, No. 191 (Adj. Sess.), § 5; amended 2007, No. 70 , § 21; 2007, No. 71 , § 5; 2009, No. 128 (Adj. Sess.), § 13; 2009, No. 156 (Adj. Sess.), § I.19; 2011, No. 63 , § G.101; 2011, No. 171 (Adj. Sess.), § 28, eff. May 16, 2012; 2015, No. 11 , § 17; 2017, No. 204 (Adj. Sess.), § 6; 2019, No. 128 (Adj. Sess.), § 7.

§ 703. Health prevention; chronic care management.

1. The Director shall develop a model for integrating a system of health care for patients, improving the health of the overall population, and improving control over health care costs by promoting health maintenance, prevention, and care coordination and management through an integrated system, including a patient-centered medical home and a community health team; and uniform payment for health services by health insurers, Medicaid, Medicare if available, and other entities that encourage the use of the medical home and the community health teams.
2. When appropriate, the model may include the integration of social services provided by the Agency of Human Services or may include coordination with a team at the Agency of Human Services to ensure the individual's comprehensive care plan is consistent with the Agency's case management plan for that individual or family.
3. In order to maximize the participation of federal health care programs and to maximize federal funds available, the model for care coordination and management may meet the criteria for medical home, community health team, or other related demonstration projects established by the U.S. Department of Health and Human Services and the criteria of any other federal program providing funds for establishing medical homes, community health teams, or associated payment reform.
4. The model for care coordination and management shall include the following components:
   1. A process for identifying individuals with or at risk for chronic disease and to assist in the determination of the risk for or severity of a chronic disease, as well as the appropriate type and level of care management services needed to manage those chronic conditions.
   2. Evidence-based clinical practice guidelines, which shall be aligned with the clinical quality and performance measures provided for in section 702 of this title.
   3. Models for the collaboration of health care professionals in providing care, including through a community health team.
   4. Education for patients on how to manage conditions or diseases, including prevention of disease; programs to modify a patient's behavior; and a method of ensuring compliance of the patient with the recommended behavioral change.
   5. Education for patients on health care decision-making, including education related to advance directives, palliative care, hospice care, and timely referrals to palliative and hospice care, when appropriate.
   6. Measurement and evaluation of the process and health outcomes of patients.
   7. A method for all health care professionals treating the same patient on a routine basis to report and share information about that patient.
   8. Requirements that participating health care professionals and providers have the capacity to implement health information technology that meets the requirements of 42 U.S.C. § 300j j in order to facilitate coordination among members of the community health team, health care professionals, and primary care practices; and, where applicable, to report information on quality measures to the Director of the Blueprint.
   9. A sustainable, scalable, and adaptable financial model reforming primary care payment methods through medical homes supported by community health teams that lead to a reduction in avoidable emergency room visits and hospitalizations and a shift of health insurer expenditures from disease management contracts to financial support for local community health teams in order to promote health, prevent disease, and manage care in order to increase positive health outcomes and reduce costs over time.
5. The Director of the Blueprint shall provide technical assistance and training to health care professionals, health care providers, health insurers, and others participating in the Blueprint.

   Added 2009, No. 128 (Adj. Sess.), § 13; amended 2011, No. 60 , § 6, eff. June 1, 2011.

§ 704. Medical home.

1. Consistent with federal law to ensure federal financial participation, a health care professional providing a patient's medical home shall:
   1. provide comprehensive prevention and disease screening for his or her patients and managing his or her patients' chronic conditions by coordinating care;
   2. enable patients to have access to personal health information through a secure medium, such as through the Internet, consistent with federal health information technology standards;
   3. use a uniform assessment tool provided by the Blueprint in assessing a patient's health;
   4. collaborate with the community health teams, including by developing and implementing a comprehensive plan for participating patients;
   5. ensure access to a patient's medical records by the community health team members in a manner compliant with the Health Insurance Portability and Accountability Act, 12 V.S.A. § 1612 , sections 1852, 7103, 9332, and 9351 of this title, and 21 V.S.A. § 516 ; and
   6. meet regularly with the community health team to ensure integration of a participating patient's care.
2. A naturopathic physician licensed pursuant to 26 V.S.A. chapter 81 may serve as a patient's medical home.

   Added 2009, No. 128 (Adj. Sess.), § 13; amended 2011, No. 96 (Adj. Sess.), § 3, eff. May 2, 2012.

§ 705. Community health teams.

1. Consistent with federal law to ensure federal financial participation, the community health team shall consist of health care professionals from multiple disciplines, including obstetrics and gynecology, pharmacy, nutrition and diet, social work, behavioral and mental health, chiropractic, other complementary and alternative medical practice licensed by the State, home health care, public health, and long-term care.
2. The Director shall assist communities to identify the service areas in which the teams work, which may include a hospital service area or other geographic area.
3. Health care professionals participating in a community health team shall:
   1. Collaborate with other health care professionals and with existing State agencies and community-based organizations in order to coordinate disease prevention, manage chronic disease, coordinate social services if appropriate, and provide an appropriate transition of patients between health care professionals or providers. Priority may be given to patients willing to participate in prevention activities or patients with chronic diseases or conditions identified by the Director of the Blueprint.
   2. Support a health care professional or practice which operates as a medical home, including by:
      1. assisting in the development and implementation of a comprehensive care plan for a patient that integrates clinical services with prevention and health promotion services available in the community and with relevant services provided by the Agency of Human Services. Priority may be given to patients willing to participate in prevention activities or patients with chronic diseases or conditions identified by the Director of the Blueprint;
      2. providing a method for health care professionals, patients, caregivers, and authorized representatives to assist in the design and oversight of the comprehensive care plan for the patient;
      3. coordinating access to high-quality, cost-effective, culturally appropriate, and patient- and family-centered health care and social services, including preventive services, activities which promote health, appropriate specialty care, inpatient services, medication management services provided by a pharmacist, and appropriate complementary and alternative (CAM) services;
      4. providing support for treatment planning, monitoring the patient's health outcomes and resource use, sharing information, assisting patients in making treatment decisions, avoiding duplication of services, and engaging in other approaches intended to improve the quality and value of health services;
      5. assisting in the collection and reporting of data in order to evaluate the Blueprint model on patient outcomes, including collection of data on patient experience of care, and identification of areas for improvement; and
      6. providing a coordinated system of early identification and referral for children at risk for developmental or behavioral problems such as through the use of health information technology or other means as determined by the Director of the Blueprint.
   3. Provide care management and support when a patient moves to a new setting for care, including by:
      1. providing on-site visits from a member of the community health team, assisting with the development of discharge plans and medication reconciliation upon admission to and discharge from the hospital, nursing home, or other institution setting;
      2. generally assisting health care professionals, patients, caregivers, and authorized representatives in discharge planning, including by assuring that postdischarge care plans include medication management as appropriate;
      3. referring patients as appropriate for mental and behavioral health services;
      4. ensuring that when a patient becomes an adult, his or her health care needs are provided for; and
      5. serving as a liaison to community prevention and treatment programs.

         Added 2009, No. 128 (Adj. Sess.), § 13.

§ 706. Health insurer participation.

1. As provided for in 8 V.S.A. § 4088h , health insurance plans shall be consistent with the Blueprint for Health as determined by the Commissioner of Financial Regulation.
2. No later than January 1, 2011, health insurers shall participate in the Blueprint for Health as a condition of doing business in this State as provided for in this section and in 8 V.S.A. § 4088h . Under 8 V.S.A. § 4088h , the Commissioner of Financial Regulation may exclude or limit the participation of health insurers offering a stand-alone dental plan or specific disease or other limited benefit coverage in the Blueprint for Health. Health insurers shall be exempt from participation if the insurer only offers benefit plans which are paid directly to the individual insured or the insured's assigned beneficiaries and for which the amount of the benefit is not based upon potential medical costs or actual costs incurred.
3. 1. The Blueprint payment reform methodologies shall include per-person per-month payments to medical home practices by each health insurer and Medicaid for their attributed patients and for contributions to the shared costs of operating the community health teams. Per-person per-month payments to practices shall be based on the official National Committee for Quality Assurance's Physician Practice Connections-Patient Centered Medical Home (NCQA PPC-PCMH) score to the extent practicable and shall be in addition to their normal fee-for-service or other payments. (c) (1)  The Blueprint payment reform methodologies shall include per-person per-month payments to medical home practices by each health insurer and Medicaid for their attributed patients and for contributions to the shared costs of operating the community health teams. Per-person per-month payments to practices shall be based on the official National Committee for Quality Assurance's Physician Practice Connections-Patient Centered Medical Home (NCQA PPC-PCMH) score to the extent practicable and shall be in addition to their normal fee-for-service or other payments.
   2. Consistent with recommendations of the Blueprint Executive Committee, the Director of the Blueprint may recommend to the Commissioner of Vermont Health Access changes to the payment amounts or to the payment reform methodologies described in subdivision (1) of this subsection, including by providing for enhanced payment to health care professional practices that operate as a medical home, including primary care naturopathic physicians' practices; payment toward the shared costs for community health teams; or other payment methodologies required by the Centers for Medicare and Medicaid Services (CMS) for participation by Medicaid or Medicare.
   3. Health insurers shall modify payment methodologies and amounts to health care professionals and providers as required for the establishment of the model described in sections 703 through 705 of this title and this section, including any requirements specified by the Centers for Medicare and Medicaid Services (CMS) in approving federal participation in the model to ensure consistency of payment methods in the model.
   4. In the event that the Secretary of Human Services is denied permission from the Centers for Medicare and Medicaid Services (CMS) to include financial participation by Medicare, health insurers shall not be required to cover the costs associated with individuals covered by Medicare.
4. An insurer may appeal a decision to require a particular payment methodology or payment amount to the Commissioner of Vermont Health Access, who shall provide a hearing in accordance with 3 V.S.A. chapter 25. An insurer aggrieved by the decision of the Commissioner may appeal to the Superior Court for the Washington District within 30 days after the Commissioner issues his or her decision.

   Added 2009, No. 128 (Adj. Sess.), § 13; amended 2011, No. 78 (Adj. Sess.), § 2, eff. April 2, 2012; 2011, No. 96 (Adj. Sess.), § 4, eff. May 2, 2012; 2015, No. 172 (Adj. Sess.), § E.306.2; 2019, No. 128 (Adj. Sess.), § 8.

§ 707. Participation by health care professionals and hospitals.

1. No later than July 1, 2011, hospitals shall participate in the Blueprint for Health by creating or maintaining connectivity to the State's Health Information Exchange Network as provided in this section and in section 9456 of this title.
2. The Director of Health Care Reform or designee shall ensure hospitals have access to State and federal resources to support connectivity to the State's Health Information Exchange Network.
3. The Director of the Blueprint shall engage health care professionals and providers to encourage participation in the Blueprint, including by providing information and assistance.

   Added 2009, No. 128 (Adj. Sess.), § 13; amended 2013, No. 79 , § 33, eff. June 7, 2013.

§ 708. Repealed. 2013, No. 79, § 52(b), effective June 7, 2013.

§ 709. Annual report.

1. The Director of the Blueprint shall report annually, on or before January 31, on the status of implementation of the Vermont Blueprint for Health for the prior calendar year and shall provide the report to the House Committee on Health Care, the Senate Committee on Health and Welfare, and the Health Reform Oversight Committee.
2. The report required by subsection (a) of this section shall include the number of participating insurers, health care professionals, and patients; the progress made in achieving statewide participation in the chronic care management plan, including the measures established under this subchapter; the expenditures and savings for the period; the results of health care professional and patient satisfaction surveys; the progress made toward creation and implementation of privacy and security protocols; information on the progress made toward the requirements in this subchapter; and other information as requested by the Committees. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under subsection (a) of this section.

   Added 2009, No. 128 (Adj. Sess.), § 13; amended 2011, No. 63 , § G.102; 2011, No. 171 (Adj. Sess.), § 41c; 2013, No. 142 (Adj. Sess.), § 33; 2017, No. 113 (Adj. Sess.), § 55.

§§ 721-725. Repealed. 2011, No. 171 (Adj. Sess.), § 41(e), effective May 16, 2012.

§§ 741-744. Repealed. 1977, No. 147 (Adj. Sess.).

§§ 851-855. Repealed. 1977, No. 147 (Adj. Sess.).

§ 901. Policy.

It is the policy of the State of Vermont that all persons who suffer sudden and unexpected illness or injury should have access to the emergency medical services system in order to prevent loss of life or the aggravation of the illness or injury, and to alleviate suffering.

1. The system should include competent emergency medical treatment provided by adequately trained, licensed, and equipped personnel acting under appropriate medical control.
2. Persons involved in the delivery of emergency medical care should be encouraged to maintain and advance their levels of training and licensure, and to upgrade the quality of their vehicles and equipment.

   Added 1981, No. 61 ; amended 2011, No. 155 (Adj. Sess.), § 32; 2019, No. 100 (Adj. Sess.), § 3, eff. May 14, 2020.

§ 902. Definitions.

As used in this chapter, unless the context requires otherwise words and phrases shall have the meaning given in 24 V.S.A. § 2651 .

Added 1981, No. 61 ; amended 1983, No. 226 (Adj. Sess.), § 15.

§ 903. Authorization for provision of emergency medical services.

Notwithstanding any other provision of law, including provisions of 26 V.S.A. chapter 23, persons who are affiliated with an affiliated agency and licensed to provide emergency medical treatment pursuant to the requirements of this chapter and the rules adopted under it are hereby authorized to provide such care without further certification, registration, or licensing.

Added 1981, No. 61 ; amended 2011, No. 155 (Adj. Sess.), § 33; 2019, No. 100 (Adj. Sess.), § 3, eff. May 14, 2020; 2019, No. 166 (Adj. Sess.), § 29, eff. Oct. 1, 2020.

§ 904. Administrative provisions.

1. In order to carry out the purposes and responsibilities of this chapter, the Department of Health may contract for the provision of specific services.
2. The Secretary of Human Services, upon the recommendation of the Commissioner of Health, may adopt rules to carry out the purposes and responsibilities of this chapter.

   Added 1981, No. 61 ; amended 2011, No. 155 (Adj. Sess.), § 34; 2017, No. 113 (Adj. Sess.), § 56; 2019, No. 166 (Adj. Sess.), § 29, eff. Oct. 1, 2020.

§ 905. Repealed. 1983, No. 226 (Adj. Sess.), § 16.

§ 906. Emergency Medical Services Division; responsibilities.

To implement the policy of section 901 of this chapter, the Department of Health shall be responsible for:

1. Developing and implementing minimum standards for training emergency medical personnel in basic life support and advanced life support, and licensing emergency medical personnel according to their level of training and competence. The Department shall establish by rule at least three levels of emergency medical personnel instructors and the education required for each level.
2. Developing and implementing minimum standards for vehicles used in providing emergency medical care, designating the types and quantities of equipment that must be carried by these vehicles, and registering those vehicles according to appropriate classifications.
3. Developing a statewide system of emergency medical services, including planning, organizing, coordinating, improving, expanding, monitoring, and evaluating emergency medical services.
4. [Repealed.]
5. Developing volunteer and career response time standards for urban and rural requests for emergency services.
6. Training, or assisting in the training of, emergency medical personnel.
7. Assisting hospitals in the development of programs that will improve the quality of in-hospital services for persons requiring emergency medical treatment.
8. Developing and implementing procedures to ensure that emergency medical services are rendered only with appropriate medical control. For the provision of advanced life support, appropriate medical control shall include at a minimum:
   1. written protocols between the appropriate officials of receiving hospitals and emergency medical services districts defining their operational procedures;
   2. where necessary and practicable, direct communication between emergency medical personnel and a physician or person acting under the direct supervision of a physician;
   3. when such communication has been established, a specific order from the physician or person acting under the direct supervision of the physician to employ a certain medical procedure;
   4. use of advanced life support, when appropriate, only by emergency medical personnel who are certified by the Department of Health to employ advanced life support procedures.
9. Establishing requirements for the collection of data by emergency medical personnel and hospitals as may be necessary to evaluate emergency medical treatment.
10. Establishing, by rule, license levels for emergency medical personnel. The Commissioner shall use the guidelines established by the National Highway Traffic Safety Administration (NHTSA) in the U.S. Department of Transportation as a standard or other comparable standards, except that a felony conviction shall not necessarily disqualify an applicant. The rules shall also provide that:
    1. An individual may apply for and obtain one or more additional licenses, including licensure as an advanced emergency medical technician or as a paramedic.
    2. An individual licensed by the Commissioner as an emergency medical technician, advanced emergency medical technician, or paramedic, who is affiliated with an affiliated agency, shall be able to practice fully within the scope of practice for such level of licensure as defined by NHTSA's National EMS Scope of Practice Model consistent with the license level of the affiliated agency, and subject to the medical direction of the emergency medical services district medical advisor.
    3. 1. Unless otherwise provided under this section, an individual seeking any level of licensure shall be required to pass an examination approved by the Commissioner for that level of licensure, except that any psychomotor skills testing for emergency medical responder, or emergency medical technician licensure shall be accomplished either by the demonstration of those skills competencies as part of the education required for that license level as approved by the Department or by the National Registry of Emergency Medical Technicians' psychomotor examination. (C) (i) Unless otherwise provided under this section, an individual seeking any level of licensure shall be required to pass an examination approved by the Commissioner for that level of licensure, except that any psychomotor skills testing for emergency medical responder, or emergency medical technician licensure shall be accomplished either by the demonstration of those skills competencies as part of the education required for that license level as approved by the Department or by the National Registry of Emergency Medical Technicians' psychomotor examination.
       2. Written and practical examinations shall not be required for relicensure; however, to maintain licensure, all individuals shall complete a specified number of hours of continuing education as established by rule by the Commissioner. The Commissioner shall ensure that continuing education classes are available online and provided on a regional basis to accommodate the needs of volunteers and part-time individuals, including those in rural areas of the State.
    4. If there is a hardship imposed on any applicant for a license under this section because of unusual circumstances, the applicant may apply to the Commissioner for a temporary or permanent waiver of one or more of the licensure requirements, which the Commissioner may grant for good cause.
    5. An applicant who has served as a hospital corpsman or a medic in the U.S. Armed Forces, or who is licensed as a registered nurse or a physician assistant shall be granted a permanent waiver of the training requirements to become a licensed emergency medical technician, an advanced emergency medical technician, or a paramedic, provided the applicant passes the applicable examination approved by the Commissioner for that level of licensure and is affiliated with an affiliated agency.
    6. An applicant who is registered on the National Registry of Emergency Medical Technicians as an emergency medical technician, an advanced emergency medical technician, or a paramedic shall be granted licensure as a Vermont emergency medical technician, an advanced emergency medical technician, or a paramedic without the need for further testing, provided he or she is affiliated with an affiliated agency or is serving as a medic with the Vermont National Guard.
    7. [Repealed.]
11. In addition to the licenses established under subdivision (10) of this section, the Department shall establish by rule an entry-level certification for Vermont EMS first responders.

    Added 1981, No. 61 ; amended 2009, No. 78 (Adj. Sess.), § 10e, eff. April 15, 2010; 2009, No. 142 (Adj. Sess.), § 18, eff. June 1, 2010; 2011, No. 155 (Adj. Sess.), § 35; 2015, No. 97 (Adj. Sess.), § 46a; 2019, No. 100 (Adj. Sess.), § 3, eff. May 14, 2020; 2019, No. 166 (Adj. Sess.), § 29, eff. Oct. 1, 2020.

§ 906a. Relicensure; grace period.

A person certified or licensed as an emergency medical provider shall have six months after his or her certification or license has expired to resubmit the necessary information for renewal of the certificate or license.

Added 2011, No. 155 (Adj. Sess.), § 36.

§ 906b. Repealed. 2019, No. 166 (Adj. Sess.), § 29.

§ 906c. Veterans and service members returning from deployment; prior positions.

1. As used in this section:
   1. "Service member" means an individual who is an active duty member of:
      1. the U.S. Armed Forces;
      2. a reserve component of the U.S. Armed Forces;
      3. the U.S. Coast Guard; or
      4. the National Guard of any state.
   2. "Veteran" means a former service member who received an honorable discharge or a general discharge under honorable conditions from active duty.
2. 1. A veteran or service member who held a position as an emergency medical provider prior to his or her most recent military deployment but whose license or certification lapsed as a direct result of that deployment shall be permitted to return to that same position at the same rate of compensation upon his or her return from deployment once licensure is renewed, so long as all other requirements for employment are met. (b) (1)  A veteran or service member who held a position as an emergency medical provider prior to his or her most recent military deployment but whose license or certification lapsed as a direct result of that deployment shall be permitted to return to that same position at the same rate of compensation upon his or her return from deployment once licensure is renewed, so long as all other requirements for employment are met.
   2. The provisions of subdivision (1) of this subsection shall apply to such a veteran or service member until the expiration of six months after his or her return from deployment or the renewal cycle during which he or she returns from deployment, whichever is later.

      Added 2013, No. 177 (Adj. Sess.), § 2.

§ 906d. Renewal requirements; sunset review.

1. Not less than once every five years, the Department shall review emergency medical personnel continuing education and other continuing competency requirements. The review results shall be in writing and address the following:
   1. the renewal requirements of the profession;
   2. the renewal requirements in other jurisdictions, particularly in the Northeast region;
   3. the cost of the renewal requirements for emergency medical personnel; and
   4. an analysis of the utility and effectiveness of the renewal requirements with respect to public protection.
2. The Department shall amend its rules or propose any necessary statutory amendments to revise any emergency medical personnel continuing education and other continuing competency requirements that are not necessary for the protection of the public health, safety, or welfare.

   Added 2019, No. 166 (Adj. Sess.), § 29, eff. Oct. 1, 2020.

§ 907. Automated external defibrillators.

1. As used in this section:
   1. "Automated external defibrillator (AED)" means a medical device approved by the U.S. Food and Drug Administration, that:
      1. is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia;
      2. is capable of determining whether defibrillation should be performed on an individual;
      3. upon determination that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to an individual's heart; and
      4. then, upon action by an operator, delivers an appropriate electrical impulse to the patient's heart to perform defibrillation.
2. [Repealed.]
3. Any person who owns or leases an AED, or to whom an AED is donated, shall:
   1. notify the Department and the person's regional ambulance service or first responder service of the existence, location, and type of device the person possesses; and
   2. maintain and test the device in accordance with the applicable standards of the manufacturer.
4. 1. Any person, other than a person defined as a health care provider by subdivision 9432(9) of this title or as emergency medical personnel by 24 V.S.A. § 2651(6) acting in the normal course of his or her duties as a health care provider or as emergency medical personnel, who acts in good faith and who renders emergency care by the use of an AED, acquires an AED, owns a premises on which an AED is located, or provides a training course in the operation of an AED shall not be liable for civil damages for that person's acts or omissions with respect to such use, ownership, or training in the operation of an AED unless those acts or omissions were grossly negligent or willful and wanton. As used in this subdivision (d)(1), "ownership" shall not include the maintenance and testing of the device in accordance with the applicable standards of the manufacturer as required by subdivision (c)(2) of this section. (d) (1)  Any person, other than a person defined as a health care provider by subdivision 9432(9) of this title or as emergency medical personnel by 24 V.S.A. § 2651(6) acting in the normal course of his or her duties as a health care provider or as emergency medical personnel, who acts in good faith and who renders emergency care by the use of an AED, acquires an AED, owns a premises on which an AED is located, or provides a training course in the operation of an AED shall not be liable for civil damages for that person's acts or omissions with respect to such use, ownership, or training in the operation of an AED unless those acts or omissions were grossly negligent or willful and wanton. As used in this subdivision (d)(1), "ownership" shall not include the maintenance and testing of the device in accordance with the applicable standards of the manufacturer as required by subdivision (c)(2) of this section.
   2. This subsection shall not relieve an AED manufacturer, designer, developer, distributor, installer, or seller of any liability under any applicable statute or rule of law.
5. This section shall not be construed to create a duty to act under 12 V.S.A. § 519 for any person.

   Added 1999, No. 136 (Adj. Sess.), § 2; amended 2009, No. 7 , § 1, eff. May 1, 2009; 2017, No. 8 , § 1, eff. April 25, 2017.

§ 908. Emergency Medical Services Special Fund.

1. The Emergency Medical Services Fund is established pursuant to 32 V.S.A. chapter 7, subchapter 5 comprising revenues received by the Department from the Fire Safety Special Fund, pursuant to 32 V.S.A. § 8557(a) , that are designated for this Special Fund and public and private sources as gifts, grants, and donations together with additions and interest accruing to the Fund. The Commissioner of Health shall administer the Fund to the extent funds are available to support online and regional training programs, data collection and analysis, and other activities relating to the training of emergency medical personnel and delivery of emergency medical services and ambulance services in Vermont, as determined by the Commissioner, after consulting with the EMS Advisory Committee established under section 909 of this title. Any balance at the end of the fiscal year shall be carried forward in the Fund.
2. From the funds in the Emergency Medical Services Special Fund, the Commissioner of Health shall develop and implement by September 1, 2012 online training opportunities and offer regional classes to enable individuals to comply with the requirements of subdivision 906(10)(C) of this title.

   Added 2011, No. 155 (Adj. Sess.), § 38; amended 2013, No. 73 , § 3, eff. June 5, 2013.

§ 909. EMS Advisory Committee; EMS Education Council.

1. The Commissioner shall establish the Emergency Medical Services Advisory Committee to advise on matters relating to the delivery of emergency medical services (EMS) in Vermont.
2. The Committee shall include the following members:
   1. One representative from each EMS district in the State, each representative being appointed by the EMS Board in his or her district.
   2. A representative from the Vermont Ambulance Association or designee.
   3. A representative from the Initiative for Rural Emergency Medical Services program at the University of Vermont or designee.
   4. A representative from the Professional Firefighters of Vermont or designee.
   5. A representative from the Vermont Career Fire Chiefs Association or designee.
   6. A representative from the Vermont State Firefighters' Association or designee.
   7. An emergency department nurse manager or emergency department director of a Vermont hospital appointed by the Vermont Association of Hospitals and Health Systems.
   8. The Commissioner or designee.
   9. A local government member not affiliated with emergency medical services, firefighter services, or hospital services, appointed by the Vermont League of Cities and Towns.
3. The Committee shall select from among its members a chair who is not an employee of the State.
4. The Committee shall meet not less than quarterly and may be convened at any time by the Chair or at the request of 11 Committee members. Not more than two meetings each year shall be held in the same EMS district. One meeting each year shall be held at a Vermont EMS conference.
5. Annually, on or before January 1, the Committee shall report on the EMS system to the House Committees on Government Operations, on Commerce and Economic Development, and on Human Services and to the Senate Committees on Government Operations, on Economic Development, Housing and General Affairs, and on Health and Welfare. The Committee's reports shall include information on the following:
   1. whether every Vermont municipality should be required to have in effect an emergency medical services plan providing for timely and competent emergency responses;
   2. whether the State should establish directives addressing when an agency can respond to a nonemergency request for transportation of a patient if doing so will leave the service area unattended or unable to respond to an emergency call in a timely fashion;
   3. how the EMS system is functioning statewide and the current state of recruitment and workforce development;
   4. each EMS district's response times to 911 emergencies in the previous year, based on information collected from the Vermont Department of Health's Division of Emergency Medical Services;
   5. funding mechanisms and funding gaps for EMS personnel and providers across the State, including for the funding of infrastructure, equipment, and operations and costs associated with initial and continuing training and licensure of personnel;
   6. the nature and costs of dispatch services for EMS providers throughout the State, including the annual number of mutual aid calls to an emergency medical service area that come from outside that area, and suggestions for improvement;
   7. legal, financial, or other limitations on the ability of EMS personnel with various levels of training and licensure to engage in lifesaving or health-preserving procedures;
   8. how the current system of preparing and licensing EMS personnel could be improved, including the role of Vermont Technical College's EMS program; whether the State should create an EMS academy; and how such an EMS academy should be structured; and
   9. how EMS instructor training and licensing could be improved.
6. In addition to its report set forth in subsection (e) of this section, the Committee shall identify EMS resources and needs in each EMS district and provide that information to the Green Mountain Care Board to inform the Board's periodic revisions to the Health Resource Allocation Plan developed pursuant to subsection 9405(b) of this title.
7. The Committee shall establish from among its members the EMS Education Council, which may:
   1. sponsor training and education programs required for emergency medical personnel licensure in accordance with the Department of Health's required standards for that training and education; and
   2. provide advice to the Department of Health regarding the standards for emergency medical personnel licensure and any recommendations for changes to those standards.

      Added 2011, No. 155 (Adj. Sess.), § 39; amended 2017, No. 202 (Adj. Sess.), § 1, eff. May 30, 2018; 2019, No. 100 (Adj. Sess.), § 3, eff. May 14, 2020; 2019, No. 166 (Adj. Sess.), § 29, eff. Oct. 1, 2020.

§ 991. Establishment of Birth Information Network.

1. The Commissioner of Health shall establish a statewide birth information network designed to identify newborns who have specified health conditions which may respond to early intervention and treatment by the health care system.
2. The Department of Health is authorized to collect information for the Birth Information Network for the purpose of preventing and controlling disease, injury, and disability. The Commissioner, in collaboration with appropriate partners, shall coordinate existing data systems and records to enhance the Network's comprehensiveness and effectiveness, including:
   1. vital records (birth, death, and fetal death certificates);
   2. the children with special health needs database;
   3. newborn metabolic screening;
   4. a voluntary developmental screening test;
   5. universal newborn hearing screening;
   6. the Hearing Outreach Program;
   7. the cancer registry;
   8. the lead screening registry;
   9. the immunization registry;
   10. the special supplemental nutrition program for women, infants, and children;
   11. the Medicaid claims database;
   12. the hospital discharge data system;
   13. health records, including discharge summaries, disease indexes, nursery logs, pediatric logs, and neonatal intensive care unit logs, from hospitals, outpatient specialty clinics, genetics clinics, and cytogenetics laboratories; and
   14. the Vermont Health Care Claims Uniform Reporting and Evaluation System.
3. [Repealed.]
4. The Network shall provide information on public health activities, such as surveillance, assessment, and planning for interventions to improve the health and quality of life for Vermont's infants and children and their families. This information shall be used for improving health care delivery systems and outreach and referral services for families with children with special health needs and for determining measures that can be taken to prevent further medical conditions.
5. The Network shall be designed to follow infants and children up to one year of age with the 40 medical conditions listed in the matrix developed by the Birth Information Council which have been selected as identifiable via existing Vermont data systems and are considered to be representative of the most significant health conditions of newborns in Vermont, including conditions relating to upper and lower limbs. The Department of Health is authorized to amend the list of medical conditions through rulemaking pursuant to 3 V.S.A. chapter 25 to meet the objectives of this section.
6. The Network's data system shall be designed to coordinate with the data systems of other states so that data on out-of-state births to Vermont residents will be captured for vital records, case ascertainment, and follow-up services. The Commissioner of Health is authorized to enter into interstate agreements containing the necessary conditions for information transmission.
7. The Commissioner of Health shall compile information every two years to document possible links between environmental and chemical exposure with the special health conditions of Vermont's infants and children.
8. The Department of Health shall develop a form that contains a description of the Birth Information Network and the purpose of the Network. The form shall include a statement that the parent or guardian of a child may contact the Department of Health and have his or her child's personally identifying information removed from the Network, using a process developed by the Advisory Committee.

   Added 2003, No. 32 , § 2; amended 2011, No. 35 , § 3, eff. May 18, 2011; 2013, No. 131 (Adj. Sess.), § 119; 2015, No. 23 , § 152; 2015, No. 152 (Adj. Sess.), § 13; 2017, No. 46 , § 37, eff. July 1, 2019.

§ 992. Birth Information Network; confidentiality.

1. The Birth Information Network shall be designed to protect the confidentiality of the individuals and families involved. Information from the Network shall be used only in ways that reflect responsible public health protocols and practice.
2. The Commissioner shall take measures necessary to comply with the federal "Standards for Privacy of Individually Identifiable Health Information" contained in Parts 160 and 164 of Title 45 of the Code of Federal Regulations, 45 CFR §§ 160.101 et seq. and 45 CFR §§ 164.102 et seq., and any subsequent amendments, including the following:
   1. security procedures limiting access to Network data;
   2. a confidentiality statement to be signed by staff members;
   3. encryption of identifying information; and
   4. use of information for research and assessment purposes.

      Added 2003, No. 32 , § 3; amended 2017, No. 46 , § 37, eff. July 1, 2019.

§ 993. Advisory Committee.

The Commissioner of Health shall appoint an advisory committee to comment on the effectiveness of the Birth Information Network and to gather information about funding opportunities. The Advisory Committee shall be composed of representatives from the primary organizations involved in Network data collection and use.

Added 2003, No. 32 , § 4; amended 2017, No. 46 , § 37, eff. July 1, 2019.

§ 1001. Reports to Commissioner of Health.

1. When a physician, health care provider, nurse practitioner, nurse, physician assistant, or school health official has reason to believe that a person is sick or has died of a diagnosed or suspected disease, identified by the Department of Health as a reportable disease and dangerous to the public health, or if a laboratory director has evidence of such sickness or disease, he or she shall transmit within 24 hours a report thereof and identify the name and address of the patient and the name of the patient's physician to the Commissioner of Health or designee. In the case of the human immunodeficiency virus (HIV), "reason to believe" shall mean personal knowledge of a positive HIV test result. The Commissioner, with the approval of the Secretary of Human Services, shall by rule establish a list of those diseases dangerous to the public health that shall be reportable. Nonmedical community-based organizations shall be exempt from this reporting requirement. All information collected pursuant to this section and in support of investigations and studies undertaken by the Commissioner for the purpose of determining the nature or cause of any disease outbreak shall be privileged and confidential. The Department of Health shall, by rule, require that any person required to report under this section has in place a procedure that ensures confidentiality.
2. Public health records developed or acquired by State or local public health agencies that relate to HIV or AIDS and that contain either personally identifying information or information that may indirectly identify a person shall be confidential and only disclosed following notice to and written authorization from the individual subject of the public health record or the individual's legal representative. Notice otherwise required pursuant to this section shall not be required for disclosures to the federal government; other departments, agencies, or programs of the State; or other states' infectious disease surveillance programs if the disclosure is for the purpose of comparing the details of potentially duplicative case reports, provided the information shall be shared using the least identifying information first so that the individual's name shall be used only as a last resort.
3. [Repealed.]
4. A confidential public health record, including any information obtained pursuant to this section, shall not be:
   1. disclosed or discoverable in any civil, criminal, administrative, or other proceeding;
   2. used to determine issues relating to employment or insurance for any individual;
   3. used for any purpose other than public health surveillance, and epidemiological follow-up.
5. Any person who:
   1. Willfully or maliciously discloses the content of any confidential public health record without written authorization or other than as authorized by law or in violation of subsection (b), (c), or (d) of this section shall be subject to a civil penalty of not less than $10,000.00 and not more than $25,000.00, costs and attorney's fees as determined by the court, compensatory and punitive damages, or equitable relief, including restraint of prohibited acts, costs, reasonable attorney's fees, and other appropriate relief.
   2. Negligently discloses the content of any confidential public health record without written authorization or other than as authorized by law or in violation of subsection (b), (c), or (d) of this section shall be subject to a civil penalty in an amount not to exceed $2,500.00 plus court costs, as determined by the court, which penalty and costs shall be paid to the subject of the confidential information.
   3. Willfully, maliciously, or negligently discloses the results of an HIV test to a third party in a manner that identifies or provides identifying characteristics of the person to whom the test results apply without written authorization or other than as authorized by law or in violation of subsection (b), (c), or (d) of this section and that results in economic, bodily, or psychological harm to the subject of the test is guilty of a misdemeanor, punishable by imprisonment for a period not to exceed one year or a fine not to exceed $25,000.00, or both.
   4. Commits any act described in subdivision (1), (2), or (3) of this subsection shall be liable to the subject for all actual damages, including damages for any economic, bodily, or psychological harm that is a proximate result of the act. Each disclosure made in violation of this chapter is a separate and actionable offense. Nothing in this section shall limit or expand the right of an injured subject to recover damages under any other applicable law.
6. [Repealed.]
7. Health care providers must, prior to performing an HIV test, inform the individual to be tested that a positive result will require reporting of the result and the individual's name to the Department, and that there are testing sites that provide anonymous testing that are not required to report positive results. The Department shall develop and make widely available a model notification form.
8. Nothing in this section shall affect the ongoing availability of anonymous testing for HIV. Anonymous HIV testing results shall not be required to be reported under this section.
9. The Department shall annually evaluate the systems and confidentiality procedures developed to implement networked and non-networked electronic reporting, including system breaches and penalties for disclosure to State personnel. The Department shall provide the results of this evaluation to and solicit input from the Vermont HIV/AIDS Community Advisory Group.
10. The Department shall collaborate with community-based organizations to educate the public and health care providers about the benefits of HIV testing and the use of current testing technologies.
11. The Commissioner shall maintain a separate database of reports received pursuant to subsection 1141(i) of this title for the purpose of tracking the number of tests performed pursuant to chapter 21, subchapter 5 of this title and other information as the Department of Health finds necessary and appropriate. The database shall not include any information that personally identifies a patient.

    Amended 1979, No. 60 , § 1; 1997, No. 7 , § 1, eff. April 29, 1997; 1999, No. 17 , § 2; 2007, No. 73 , § 2; eff. April 1, 2008; 2007, No. 194 (Adj. Sess.), § 2; 2009, No. 81 (Adj. Sess.), § 1, eff. April 20, 2010; 2013, No. 34 , § 30a; 2015, No. 37 , § 2.

§§ 1002, 1003. Repealed. 1979, No. 60, § 7.

§ 1004. Report by physician; quarantine.

A physician who knows or suspects that a person whom he or she has been called to attend is sick or has died of a communicable disease dangerous to the public health shall immediately quarantine and report to the health officer the place where such case exists, but if the attending physician, at the time of his or her first visit, is unable to make a specific diagnosis, he or she may quarantine the premises temporarily and until a specific diagnosis is made, and post thereon a card upon which the word "quarantine" should be plainly written or printed. Such quarantine shall continue in force until the health officer examines and quarantines as is provided in this title.

§ 1004a. Quarantine.

The Commissioner of Health shall have the power to quarantine a person diagnosed with or suspected of having a disease dangerous to the public health.

Added 1979, No. 60 , § 2.

§§ 1005, 1006. Repealed. 1979, No. 60, § 7.

§ 1007. Quarantined patient leaving hospital, report.

When a patient who has a communicable disease subject to quarantine leaves a hospital or institution, without the consent of the authorities of such hospital or institution the physician or other person in charge of such a hospital or institution shall notify forthwith the Commissioner that such person has left the hospital or institution and is the bearer of such communicable disease.

Amended 1979, No. 60 , § 3.

§ 1008. Vaccines, antibiotics, antiserums, and other agents; purchase and distribution; penalties.

1. 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.
2. 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.

§ 1009. Repealed. 1979, No. 60, § 7.

§ 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.

§ 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.

§ 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, and the same shall not be published, but shall be kept by the Board for such purposes as are necessary in the discharge of its duties. Upon being notified of a case mentioned in sections 1007 and 1041 of this title, the Board shall take such action as it deems necessary for the protection of the public and the individual's health.

Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961.

§ 1043. Investigation; educational campaign, report.

The Board shall investigate the prevalence and extent of tuberculosis and other chronic respiratory diseases in the State, 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 Board 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.

§§ 1044-1046. Repealed. 1977, No. 147 (Adj. Sess.).

§ 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.

§ 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 his or her 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 thereupon 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 regulations of communicable disease control.

Amended 1969, No. 101 , § 4, eff. April 19, 1969; 2013, No. 96 (Adj. Sess.), § 92.

§§ 1049 Repealed. 1967, No. 147, § 53(b), eff. Oct. 1, 1968.

§ 1049a. Repealed. 1969, No. 101, § 5, eff. April 19, 1969.

§ 1050. Repealed. 1967, No. 147, § 53(b), eff. Oct. 1, 1968.

§ 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 and the Board of Health shall determine to their 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.

§ 1052. Repealed. 1959, No. 190, § 5.

§ 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.

§ 1054. Tuberculosis clinic and treatment program.

1. The Department shall visit all newly reported cases or suspect cases of tuberculosis with periodic follow-up visits as deemed necessary.
2. 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.

§ 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.

§ 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.

§ 1057. Medical management.

1. 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, he or she shall investigate the circumstances thereof and if he or she finds that the person does constitute a health hazard to the public, he or she may request the court to order the person to a hospital or other suitable place and require appropriate medical management of the person therein until he or she 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 his or her will unless the Commissioner determines that the person constitutes a public health hazard without such treatment.
2. 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.

§ 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 deliver him or her forthwith 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 him or her to apprehend and deliver the person to the place of tuberculosis management, and shall make return of his or her doings to the court.

Added 1967, No. 49 , § 4; amended 1973, No. 89 , § 6.

§ 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 he or she considers reasonable, including requirements for periodic examinations. Any person so managed who leaves the place of management without permission, or who fails to return thereto 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 to return him or her forthwith to the place of management.

Added 1967, No. 49 , § 5; amended 1973, No. 89 , § 7.

§ 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.

§ 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.

§ 1091. Venereal diseases; definitions.

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 Board of Health.
2. "Venereal disease" means syphilis, gonorrhea, and any other sexually transmitted disease which the Department finds to be of significance and amenable to control.

   Amended 1967, No. 7 , § 1; 1979, No. 60 , § 6.

§ 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.

§ 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.

§ 1093. Examination and report.

Whenever the Board 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, such Board 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 Board and to the person examined.

Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1973, No. 89 , § 9.

§ 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.

§ 1095. Treatment of partner of patient diagnosed with a sexually transmitted disease.

1. 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.
2. 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.
3. 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.
4. 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.

§ 1096. Penalty.

A person who violates a provision of sections 1092-1095 of this title, for which no other penalty is provided, shall be fined not more than $500.00 or imprisoned for not more than six months, or both.

§ 1097. Educational campaign.

The Board 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.

§ 1098. Examination and treatment by Board.

The Board 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 Board 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 Board shall include, in bulletins or circulars distributed by it, information concerning such diseases.

Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1973, No. 89 , § 10.

§ 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 Board in the performance of its duties hereunder, and such records shall not be accessible to the public nor shall such records be deemed public records; and the Board 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 Board in the performance of its duties in controlling these communicable diseases.

Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2013, No. 96 (Adj. Sess.), § 92.

§ 1100. Rules.

The Board shall make and enforce such rules for the quarantining and treatment of cases of venereal disease reported to it 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.

§ 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 Board 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.

§ 1102. Taking blood samples.

A practitioner of medicine and surgery or osteopathy attending a pregnant woman shall take samples of blood of such woman, if possible prior to the third month of gestation, and submit same to a laboratory approved by the Board 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 woman attended by him or her to be taken by a duly licensed practitioner of medicine and surgery or osteopathy and submit it to a laboratory approved by the Board 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.

§ 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.

§ 1104. Serological test, definition.

A standard serological test shall be a test for syphilis approved by the Board and shall be performed on request by the State laboratory or at a laboratory approved for this purpose by the Board.

Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961.

§ 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 which 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 which 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.

§ 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.

§ 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.

§ 1121. Immunizations required prior to attending school and child care facilities.

1. 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.
2. 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.
3. 1. To the extent permitted under 20 U.S.C. § 1232g (family educational and privacy rights), and any regulations adopted thereunder, 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. (c) (1)  To the extent permitted under 20 U.S.C. § 1232g (family educational and privacy rights), and any regulations adopted thereunder, 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.

§ 1122. Exemptions.

1. 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:
      1. holds religious beliefs opposed to immunization; and
      2. has reviewed evidence-based educational material provided by the Department regarding immunizations, including:
         1. information about the risks of adverse reactions to immunization;
         2. 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
         3. 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.
2. The Department of Health may provide by rule for further exemptions to immunization based upon sound medical practice.
3. 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.
4. 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.

§ 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.

§ 1124. Access to and reporting of immunization records.

1. 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.
2. 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 thereunder.

   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.

§ 1125. Quality improvement measures.

The Department may implement quality improvement initiatives in any school that has a provisional admittance rate or an exemption rate above the State average.

Added 2015, No. 37 , § 7.

§ 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.

§ 1127. Discrimination and testing prohibited.

1. 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.
2. 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.

§ 1128. Access to health services and testing.

1. 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.
2. 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.
3. 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.

§ 1129. Immunization registry.

1. A health care provider shall report to the Department all data regarding immunizations of adults and of children under 18 years of age within seven days of the immunization, provided that required reporting of immunizations of adults shall commence within one month after the health care provider has established an electronic health records system and data interface pursuant to the e-health standards developed by the Vermont Information Technology Leaders. A health insurer shall report to the Department all data regarding immunizations of adults and of children under 18 years of age at least quarterly. All data required pursuant to this subsection shall be reported in a format required by the Department.
2. The Department may use the data to create a registry of immunizations. Registry information shall remain confidential and privileged, except as provided in subsections (c) and (d) of this section. Registry information regarding a particular adult shall be provided, upon request, to the adult, the adult's health care provider, and the adult's health insurer. Registry information regarding a particular minor child may be provided, upon request, to school nurses, or in the absence of a nurse on staff, administrators, and upon request and with written parental consent, to licensed day care providers, to document compliance with Vermont immunization laws. Registry information regarding a particular child shall be provided, upon request to the minor child's parent or guardian, health insurer, and health care provider, or to the child after the child reaches the age of majority.
3. The Department may exchange confidential registry information with the immunization registries of other states in order to obtain comprehensive immunization records.
4. The Department may provide confidential registry information to health care provider networks serving Vermont patients; to the Vermont Health Information Exchange; and, with the approval of the Commissioner, to researchers who present evidence of approval from an institutional review board in accordance with 45 C.F.R. § 164.512.
5. Prior to releasing confidential information pursuant to subsections (c) and (d) of this section, the Commissioner shall obtain from State registries, health care provider networks, the Vermont Health Information Exchange, and researchers a written agreement to keep any identifying information confidential and privileged.
6. The Department may share registry information for public health purposes in summary, statistical, or other form in which particular individuals are not identified, except as provided in subsections (c) and (d) of this section.
7. As used in this section, "administrator" means an individual licensed under 16 V.S.A. chapter 5, the majority of whose employed time in a public school, school district, or supervisory union is assigned to developing and managing school curriculum, evaluating and disciplining personnel, or supervising and managing a school system or school program. "Administrator" also means an individual employed by an approved or recognized independent school, the majority of whose assigned time is devoted to those duties.

   Added 1997, No. 91 (Adj. Sess.), § 1; amended 2007, No. 204 (Adj. Sess.), § 11; 2015, No. 37 , § 8; 2021, No. 9 , § 14a, eff. April 17, 2021.

§ 1130. Immunization funding.

1. As used in this section:
   1. "Health care facility" shall have the same meaning as in section 9402 of this title.
   2. "Health care professional" means an individual, partnership, corporation, facility, or institution licensed or certified or authorized by law to provide professional health care services.
   3. "Health insurer" shall have the same meaning as in section 9402 of this title, but does not apply to insurers providing coverage only for a specified disease or other limited benefit coverage.
   4. "Immunizations" means vaccines and the application of the vaccines as recommended by the practice guidelines for children and adults established by the Advisory Committee on Immunization Practices (ACIP) to the Centers for Disease Control and Prevention (CDC).
   5. "State health care programs" means any health care program providing immunizations with funds available through State and federal sources.
   6. "Covered lives" means the number of Vermont residents covered under a health insurance plan provided or administered by a health insurer.
2. 1. The Department of Health shall administer an immunization program with the goals of ensuring universal access to vaccines for all Vermonters at no charge to the individual and reducing the cost at which the State may purchase vaccines. The Department shall purchase, provide for the distribution of, and monitor the use of vaccines as provided for in this subsection and subsection (c) of this section. The cost of the vaccines and an administrative surcharge shall be reimbursed by health insurers as provided for in subsections (e) and (f) of this section. (b) (1)  The Department of Health shall administer an immunization program with the goals of ensuring universal access to vaccines for all Vermonters at no charge to the individual and reducing the cost at which the State may purchase vaccines. The Department shall purchase, provide for the distribution of, and monitor the use of vaccines as provided for in this subsection and subsection (c) of this section. The cost of the vaccines and an administrative surcharge shall be reimbursed by health insurers as provided for in subsections (e) and (f) of this section.
   2. The Department shall solicit, facilitate, and supervise the participation of health care professionals, health care facilities, and health insurers in the immunization program in order to accomplish the State's goal of universal access to immunizations at the lowest practicable cost to individuals, insurers, and State health care programs.
   3. The Department shall gather and analyze data regarding the immunization program for the purpose of ensuring its quality and maximizing protection of Vermonters against diseases preventable by vaccination.
3. The immunization program shall purchase vaccines from the federal Centers for Disease Control and Prevention at the lowest available cost. The Department shall determine annually which vaccines for adults shall be purchased under the program.
4. The immunization program shall provide for distribution of the vaccines to health care professionals and health care facilities for administration to patients.
5. Health insurers shall remit to the Department the cost of vaccines, as established by the Commissioner of Health based on the recommendation of the Immunization Funding Advisory Committee established in subsection (g) of this section.
6. The Department shall charge each health insurer a surcharge for the costs and administration of the immunization program. The surcharge shall be deposited into an existing special fund and used solely for the purpose of administering the program.
7. 1. The Immunization Funding Advisory Committee is established to provide the Commissioner of Health with an annual per-member per-month cost for vaccines for the pediatric population, an annual per-member per-month cost for vaccines for the adult population, and a recommendation for the amount of the yearly vaccine assessment. The Committee shall comprise the following nine members: (g) (1)  The Immunization Funding Advisory Committee is established to provide the Commissioner of Health with an annual per-member per-month cost for vaccines for the pediatric population, an annual per-member per-month cost for vaccines for the adult population, and a recommendation for the amount of the yearly vaccine assessment. The Committee shall comprise the following nine members:
      1. the Executive Officer of the Board of Pharmacy;
      2. the Executive Director of the Green Mountain Care Board;
      3. a representative of the Vermont Blueprint for Health, nominated by the Director of the Blueprint and appointed by the Commissioner of Health;
      4. three representatives of health insurers, one from each of the State's largest private health insurers, as determined by the number of covered lives, appointed by the Commissioner of Health;
      5. a representative of the American Academy of Pediatrics, Vermont chapter, appointed by the Commissioner of Health;
      6. a representative of the American Academy of Family Medicine, Vermont chapter, appointed by the Commissioner of Health; and
      7. a representative of employers that self-insure for health coverage, appointed by the Commissioner of Health.
   2. The Committee shall select a chair from among its members at the first meeting of each calendar year. The Committee shall receive administrative support from the Department of Health.
   3. By January 1 of each year, the Committee shall provide to the Commissioner the annual fiscal assessment and the per-member per-month cost for pediatric vaccines based on the total number of pediatric covered lives reported by health insurers and the per-member per-month cost for adult vaccines based on the total number of adult covered lives reported by health insurers.
8. If federal purchase requirements do not further the goal of ensuring universal access to vaccines for all, the Commissioner may, following consultation with the Immunization Funding Advisory Committee, discontinue the program with six months' advance notice to all health care professionals and to all health insurers with Vermont covered lives.
9. The Department may adopt rules under 3 V.S.A. chapter 25 to implement this section.

   Added 2005, No. 191 (Adj. Sess.), § 23; amended 2007, No. 70 , § 29; 2009, No. 61 , § 42; 2009, No. 156 (Adj. Sess.), § I.20; 2011, No. 157 (Adj. Sess.), § 4; 2011, No. 162 (Adj. Sess.), § C.200, eff. May 17, 2012; 2013, No. 79 , § 17, eff. Jan. 1, 2014; 2013, No. 179 (Adj. Sess.), § E.312.1.

§ 1131. Vermont Immunization Advisory Council.

1. 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.
2. 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.
3. 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.
4. Assistance.  The Council shall have the administrative, technical, and legal assistance of the Department.
5. 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.

§ 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.

§ 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.

§ 1141. Communicable disease testing.

1. A health care provider may order a test for bloodborne pathogens if a health care worker, public safety personnel, or emergency personnel has been exposed to the blood or bodily fluids of the source patient in a manner sufficient to transmit a bloodborne pathogen-related illness to the affected worker while engaged in rendering health services to the source patient, and provided that:
   1. the source patient:
      1. has provided informed consent, as defined in subdivision 9701(17) of this title; or
      2. is deceased;
   2. the worker has provided a blood sample and consented to testing for bloodborne pathogens and a physician has documented that bloodborne pathogen test results are needed for beginning, continuing, modifying, or discontinuing medical treatment for the worker;
   3. a physician with specialty training in infectious diseases has confirmed that the worker has been exposed to the blood or bodily fluids of the source patient in a manner sufficient to transmit a bloodborne pathogen-related illness;
   4. a health care provider has informed the worker of the confidentiality requirements in subsection (c) of this section and the penalties for unauthorized disclosure of source patient information under subsection (e) of this section; and
   5. a health care provider has informed the source patient of the purpose and confidentiality provisions in subsections (b) and (c) of this section, respectively, if applicable.
2. Bloodborne pathogen test results of a source patient obtained under subsection (a) of this section are for diagnostic purposes and to determine the need for treatment or medical care specific to a bloodborne pathogen-related illness of a worker. Test results may not be used as evidence in any criminal or civil proceedings.
3. The result of a test ordered pursuant to subsection (a) of this section is protected health information subject to the "Standards for Privacy of Individually Identifiable Health Information" established under the Health Insurance Portability and Accountability Act of 1996 and contained in 45 C.F.R., Parts 160 and 164, and any subsequent amendments. Test results shall be confidential except that the worker who sustained the exposure, the health care provider who ordered the test, and the source patient, upon his or her request, shall be informed of the test results. Test results reported to the worker and documented in his or her medical record shall not include any personally identifying information relative to the source patient. Test results shall be transmitted to the Commissioner of Health pursuant to subsection (i) of this section.
4. Prior to laboratory testing of a source patient's blood sample for bloodborne pathogens, personal identifiers shall be removed from the sample.
5. Unauthorized disclosures of test results obtained under this section shall be subject to the penalties provided under the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. subsections 1320d-5 and 1320d-6, and may be considered unprofessional conduct under applicable licensing, certification, and registration laws.
6. The results of rapid testing technologies shall be considered preliminary and may be released in accordance with the manufacturer's instructions as approved by the federal Food and Drug Administration. Corroborating or confirmatory testing must be conducted as follow-up to a positive preliminary test.
7. The health care provider who requested the test shall provide the source patient and the worker an opportunity to receive follow-up testing and shall provide information on options for counseling, as appropriate.
8. Records pertaining to testing performed pursuant to this section shall not be recorded in the source patient's medical record unless authorized by the source patient and shall not be maintained in the location where the test is ordered or performed for more than 60 days.
9. A laboratory having personal knowledge of a test result under this section shall transmit within 24 hours a report thereof to the Department of Health pursuant to subsection 1001(k) of this title.
10. The employer of any worker exposed to blood or bodily fluids while rendering health services to a source patient during the performance of normal job duties shall maintain an incident report with information regarding the exposure that is relevant to a workers' compensation claim. The employer shall not be provided or have access to information personally identifying the source patient.
11. The costs of all diagnostic tests authorized by these provisions shall be borne by the employer of the worker.
12. Notwithstanding any other law to the contrary, a health care provider who orders a test in accordance with this section shall not be subject to civil or criminal liability for ordering the test. Nothing in this subsection shall be construed to establish immunity for the failure to exercise due care in the performance or analysis of the test.
13. A health care provider's duties under this section are not continuing but limited to testing and services performed under this section.

    Added 2007, No. 194 (Adj. Sess.), § 1.

§§ 1150-1159. Recodified. 1989, No. 148 (Adj. Sess.), § 2(a).

§§ 1201-1215. Repealed. 1989, No. 105, § 5.

§ 1216. Repealed. 1977, No. 147 (Adj. Sess.).

§ 1217. Repealed. 1989, No. 105, § 5.

§ 1218. Repealed. 2001, No. 133 (Adj. Sess.), § 14.

§§ 1218a-1218e. Repealed. 2001, No. 133, § 14(c), effective July 1, 2007.

§ 1219. Repealed. 1989, No. 98, § 4(c).

§ 1220. Repealed. 1993, No. 48, § 7, eff. June 1, 1993.

§ 1221. Municipal water treatment plants.

If, after public hearing it 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 Board of Health 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.

§§ 1221a Repealed. 1999, No. 46, § 12.

§ 1221b. Repealed. 2001, No. 133 (Adj. Sess.), § 14.

§ 1222. Cyanobacteria monitoring and notification.

1. 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 .
2. 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.
3. 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.

§§ 1231-1239. Repealed. 1991, No. 71, § 7.

§ 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.

§ 1242. Definitions.

As used in this chapter:

1. "Action level" means four parts per billion (ppb) of lead.
2. "Alternative water source" means:
   1. water from an outlet within the building or facility that is below the action level; or
   2. containerized, bottled, or packaged drinking water.
3. "Building" means any structure, facility, addition, or wing that may be occupied or used by children or students.
4. "Child care provider" has the same meaning as in 33 V.S.A. § 3511 .
5. "Child care facility" or "facility" has the same meaning as in 33 V.S.A. § 3511 .
6. "Commissioner" means the Commissioner of Health.
7. "Department" means the Department of Health.
8. "Drinking water" has the same meaning as in 10 V.S.A. § 1671 .
9. "Independent school" has the same meaning as in 16 V.S.A. § 11 .
10. "Outlet" means a drinking water fixture currently or reasonably expected to be used for consumption or cooking purposes, including a drinking fountain, an ice machine, or a faucet as determined by a school district, supervisory union, independent school, or child care provider.
11. "School district" has the same meaning as in 16 V.S.A. § 11 .
12. "Supervisory union" has the same meaning as in 16 V.S.A. § 11 .

    Added 2019, No. 66 , § 1, eff. June 17, 2019.

§ 1243. Testing of drinking water.

1. Scope of testing.
   1. Each school district, supervisory union, or independent school in the State shall collect a drinking water sample from each outlet in the buildings it owns, controls, or operates and shall submit the sample to the Department of Health for testing for lead contamination as required under this chapter.
   2. Each child care provider in the State shall collect a drinking water sample from each outlet in a child care facility it owns, controls, or operates for lead contamination as required under this chapter.
2. Initial sampling.
   1. On or before December 31, 2021, each school district, supervisory union, independent school, or child care provider in the State shall collect a first-draw sample and a second flush sample from each outlet in each building or facility it owns, controls, or operates. Sampling shall occur during the school year of a school district, supervisory union, or independent school.
   2. At least five days prior to sampling, the school district, supervisory union, independent school, or child care provider shall notify all staff and all parents or guardians of students directly in writing or by electronic means of:
      1. the scheduled sampling;
      2. the requirements for testing, why testing is required, and the potential health effects from exposure to lead in drinking water;
      3. information, provided by the Department of Health, regarding sources of lead exposure other than drinking water;
      4. information regarding how the school district, supervisory union, independent school, or child care provider shall provide notice of the sample results; and
      5. how the school district, supervisory union, independent school, or child care provider shall respond to sample results that are at or above the action level.
   3. The Department may adopt a schedule for the initial sampling by school districts, supervisory unions, independent schools, and child care providers.
3. Continued sampling.  Beginning January 1, 2021, each school district, supervisory union, independent school, or child care provider in the State shall sample each outlet in each building or facility it owns, controls, or operates for lead according to a schedule adopted by the Department by rule under section 1247 of this title.
4. Interim methodology.  Prior to adoption of the rules required under section 1247 of this title, sampling under this section shall be conducted according to a methodology established by the Department of Health, provided that the methodology shall be at least as stringent as the sampling methodology provided for under the U.S. Environmental Protection Agency's 3Ts for Reducing Lead in Drinking Water in Schools and shall include a requirement for a first draw sample and a second flush sample.
5. Waiver.
   1. The Commissioner shall waive the requirement that a school district, supervisory union, independent school, or child care provider sample drinking water under this section upon a finding that the school district, supervisory union, independent school, or child care provider:
      1. completed sampling of all outlets in each building or facility it owns, controls, or operates on or after November 1, 2017;
      2. conducted sampling according to a methodology consistent with the Department methodology established under subsection (d) of this section; and
      3. implemented or scheduled remediation that ensures that drinking water from all outlets is not at or above the action level.
   2. A school district, supervisory union, independent school, or child care provider that receives a waiver under this subsection shall be eligible for assistance from the State for the costs of remediation that has been implemented or scheduled as a result of sampling conducted after April 22, 2019.
6. Laboratory analysis.  The analyses of drinking water samples required under this chapter shall be conducted by the Vermont Department of Health Laboratory or by a certified laboratory under contract to the Department.

   Added 2019, No. 66 , § 1, eff. June 17, 2019; amended 2019, No. 133 (Adj. Sess.), § 2.

§ 1244. Response to action level; notice; reporting.

If a sample of drinking water under section 1243 of this title indicates that drinking water from an outlet is at or above the action level, the school district, supervisory union, independent school, or child care provider that owns, controls, or operates the building or facility in which the outlet is located shall conduct remediation to eliminate or reduce lead levels in the drinking water from the outlet. In conducting remediation, a school district, supervisory union, independent school, or child care provider shall strive to achieve the lowest level of lead possible in drinking water. At a minimum, the school district, supervisory union, independent school, or child care provider shall:

1. 1. prohibit use of an outlet that is at or above the action level until: (1) (A) prohibit use of an outlet that is at or above the action level until:
      1. implementation of a lead remediation plan that is consistent with the U.S. Environmental Protection Agency's 3Ts for Reducing Lead in Drinking Water in Schools; and
      2. sampling indicates that lead levels from the outlet are below the action level; or
   2. prohibit use of an outlet that is at or above the action level until the outlet is permanently removed, disabled, or otherwise cannot be accessed by any person for the purposes of consumption or cooking;
2. provide occupants of the building or child care facility an adequate alternative water source until remediation is performed;
3. notify all staff and all parents or guardians of students directly of the test results and the proposed or taken remedial action in writing or by electronic means within 10 school days after receipt of the laboratory report;
4. submit lead remediation plans to the Department as they are completed;
5. notify all staff and all parents or guardians or students in writing or by electronic means of what remedial actions have been taken; and
6. submit notice to the Department of Health that remediation plans have been completed.

   Added 2019, No. 66 , § 1, eff. June 17, 2019.

§ 1245. Record keeping; public notification; database.

1. Record keeping.  The Department of Health shall retain all records of test results, laboratory analyses, lead remediation plans, and waiver requests for 10 years following the creation or acquisition of the record. Records produced or acquired by the Department under this chapter are public records subject to inspection or copying under the Public Records Act.
2. Public notification.  On or before March 1, 2021, the Commissioner shall publish on the Department website the data from testing under section 1243 of this title so that the results of sampling are fully transparent and accessible to the public. The data published by the Department shall include a list of all buildings or facilities owned, controlled, or operated by a school district, supervisory union, independent school, or child care provider at which drinking water from an outlet tested is at or above the action level within the previous two years of reported samples. The Commissioner shall publish all retesting data on the Department's website within two weeks of receipt of the relevant laboratory analysis. The Secretary of Education shall include a link on the Agency of Education website to the Department of Health website required under this subsection.

   Added 2019, No. 66 , § 1, eff. June 17, 2019.

§ 1246. Lead remediation plan; guidance; communication.

1. Consultation.  When a laboratory analysis of a sample of drinking water from an outlet at a building or facility owned, controlled, or operated by a school district, supervisory union, independent school, or child care provider is at or above the action level, the school district, supervisory union, independent school, or child care provider may consult with the Commissioner regarding the development of a lead remediation plan or other necessary response.
2. Guidance; lead remediation plan.  The Commissioner, after consultation with the Secretary of Natural Resources, the Commissioner for Children and Families, and the Secretary of Education, shall issue guidance on development of a lead remediation plan by a school district, supervisory union, independent school, or child care provider. The guidance provided by the Commissioner shall reference the U.S. Environmental Protection Agency's 3Ts for Reducing Lead in Drinking Water in Schools.
3. Communications.  The Department of Health shall develop sample communications for parents for use by school districts, supervisory unions, independent schools, and child care providers concerning lead in water and reducing exposure to lead under this chapter.

   Added 2019, No. 66 , § 1, eff. June 17, 2019.

§ 1247. Rulemaking.

1. The Commissioner shall adopt rules under this chapter to achieve the purposes of this chapter.
2. On or before November 1, 2020, the Commissioner, with continuing consultation with the Secretary of Natural Resources, the Commissioner for Children and Families, and the Secretary of Education, shall adopt rules regarding the implementation of the requirements of this chapter. The rules shall include:
   1. requirements or guidance for taking samples of drinking water from outlets in a building or facility owned, controlled, or operated by a school district, supervisory union, independent school, or child care provider that are no less stringent than the requirements of the U.S. Environmental Protection Agency's 3Ts for Reducing Lead in Drinking Water in Schools and that include a first draw sample and second flush sample;
   2. the frequency and scope of continued sampling of outlets by school districts, supervisory unions, independent schools, and child care providers, provided that the Department may stagger when continued sampling shall occur by school or provider, school type or provider type, or initial sampling results;
   3. requirements for implementation of a lead mitigation plan or other necessary response to a report that drinking water from an outlet is at or above the action level; and
   4. any other requirements that the Commissioner deems necessary for the implementation of the requirements of this chapter.

      Added 2019, No. 66 , § 1, eff. June 17, 2019.

§ 1248. Enforcement; penalties.

In addition to any other authority provided by law, the Commissioner of Health or a hearing officer designated by the Commissioner may, after notice and an opportunity for hearing, impose an administrative penalty of up to $500.00 for a violation of the requirements of this chapter. The hearing before the Commissioner shall be a contested case subject to the provisions of 3 V.S.A. chapter 25.

Added 2019, No. 66 , § 1, eff. June 17, 2019.

§§ 1301-1305. Repealed. 1987, No. 268 (Adj. Sess.), § 10, eff. June 21, 1988.

§ 1305a. Repealed. 1975, No. 178 (Adj. Sess.), § 3.

§ 1306. Repealed. 1987, No. 268 (Adj. Sess.), § 10, eff. June 21, 1988.

§§ 1321-1328. Repealed. 1987, No. 268 (Adj. Sess.), § 10, eff. June 21, 1988.

§ 1331. Definitions.

As used in this chapter:

1. "Asbestos" means the asbestiform varieties of chrysotile (serpentine); crocidolite (riebeckite); amosite (cummingtonite-grunerite); anthophyllite; tremolite; and actinolite.
2. "Asbestos abatement" means the repair, enclosure, removal, encapsulation, or any other activity for the evaluation or control of any material which contains more than one percent asbestos by weight.
3. "Commissioner" means the Commissioner of Health or the Commissioner's designee.

   Added 1985, No. 238 (Adj. Sess.), eff. June 3, 1986.

§ 1332. Certification.

Any person may apply to the Commissioner for certification as an asbestos contractor permitted to perform asbestos abatement in the State of Vermont. Certification shall be granted to any person who meets the standards for certified asbestos contractors established by the Commissioner by rule. The Commissioner shall provide proof of certification to all successful applicants. The Commissioner shall maintain and, upon request, make available a list of asbestos contractors certified under this chapter. The Commissioner shall, by rule, establish procedures to be followed under this chapter.

Added 1985, No. 238 (Adj. Sess.), eff. June 3, 1986.

§ 1333. Notification of work.

Any contractor performing asbestos abatement work must notify the Commissioner 10 working days prior to beginning work.

Added 1985, No. 238 (Adj. Sess.), eff. June 3, 1986.

§ 1334. Application fees.

1. The Commissioner shall require the payment of certification and permit fees at the time of application. The Commissioner shall not process an application for which fees have not been paid. No person shall perform asbestos abatement without obtaining certification and a permit from the Commissioner.
2. Certification and permit fees shall be:
   1. Certification fees
      1. Entities                                              $600.00 Initial                                                            $150.00 Additional     (B) Consultants                                           $180.00 Initial                                                            $150.00 Additional     (C) Analysts                                                      $ 60.00     (D) Workers                                                       $ 60.00     (E) Supervisors                                                   $120.00     (F) Training courses - two-year period      Initial                                                          $480.00      Refresher                                                        $300.00      (2) Permit fees     (A) more than 10 square feet     through 100 square feet                                           $ 75.00     (B) more than 10 linear feet     through 100 linear feet                                           $ 75.00     (C) more than 100 square feet     through 1,000 square feet                                         $150.00     (D) more than 100 linear feet     through 1,000 linear feet                                         $150.00     (E) more than 1,000 square feet                                   $300.00     (F) more than 1,000 linear feet                                   $300.00     (G) permit revision charge                                        $ 50.00
3. Fees collected under this section shall be credited to a special fund and shall be available to the Department to offset the costs of providing these services.

   Added 1989, No. 210 (Adj. Sess.), § 120; amended 1991, No. 5 , § 35, eff. March 13, 1991; 1997, No. 155 (Adj. Sess.), § 58; 2007, No. 76 , § 10.

§§ 1401-1411. Repealed. 1971, No. 205 (Adj. Sess.), § 7.

§ 1415. Division of Occupational Health.

To implement the policy of the State expressed in 21 V.S.A. § 201 , and to continue the functions of the Division of Industrial Hygiene, there is created within the Department of Health the Division of Occupational Health, which shall be administered by the Director of Occupational Health under direction and control of the Commissioner of Health and the State Board of Health. The Division is the successor to and a continuation of the Division of Industrial Hygiene.

Added 1971, No. 205 (Adj. Sess.), § 2.

§ 1416. Definitions.

As used in this chapter:

1. "Director" means the Director of Occupational Health.
2. "Division" means the Division of Occupational Health.
3. "Employee" means any person engaged in service to an employer for wages, salary, or other compensation, excluding an independent contractor.
4. "Employer" means a person, as hereinafter defined, who employs one or more persons.
5. "Health hazard" means any material, including biological material or energy, or both, in any form from any source that can adversely affect the health of any employee, or can adversely affect the health of any person exposed in a place of employment or any person adversely exposed from a source in a place of employment.
6. "Occupational disease" means a disease caused by exposure to an occupational health hazard.
7. "VOSHA Code" means this chapter and 21 V.S.A. chapter 3, subchapters 4 and 5.
8. "Person" means a natural person, corporation, partnership, trust, society, club, association, or other organization, including municipalities and the State.
9. "Place of employment" means any work place or place where an employee is engaged in performance of his or her work or duties, or which is used in connection with an employee's employment.  It includes structures, buildings, machinery, equipment, tools, appliances, and materials used in connection with the employment.  It also includes land and premises where an employer is carrying on any activity or business involving the use of one or more employees.

   Added 1971, No. 205 (Adj. Sess.), § 2; amended 2017, No. 113 (Adj. Sess.), § 62.

§ 1417. Functions and duties of division.

The Division of Occupational Health shall:

1. maintain necessary laboratory facilities and equipment required to effectively perform its functions;
2. study occupational health hazards and occupational diseases and procedures necessary for their control or prevention, and recommend necessary rules for such control or prevention to the Board of Health and the Secretary of Human Services;
3. investigate places of employment to determine the presence of health hazards which may be the cause or which may be suspected of being the cause of illness or occupational disease;
4. investigate health hazards in places of employment that cause ill health or occupational disease, or may be suspected of doing so, and recommend rules to the Board of Health and the Secretary of Human Services for the control or elimination of the health hazards;
5. advise employers of the existence of conditions at work places which cause ill health or occupational disease;
6. make inspections and investigations to discover violation of health standards and rules promulgated by the Secretary of Human Services under the VOSHA Code, and report any violation other than de minimis violations to the Commissioner of Labor, and cooperate with that Commissioner in taking action against violators of the VOSHA Code;
7. test the effectiveness of control appliances and equipment used by employers and report any deficiency in performance to the employer and the Commissioner of Labor;
8. consult, advise, and assist employers in the development and maintenance of medical services and programs for employees.

   Added 1971, No. 205 (Adj. Sess.), § 2; amended 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2017, No. 113 (Adj. Sess.), § 63.

§ 1418. Control equipment.

The Commissioner of Health may by order require an employer to provide protective equipment, install and maintain control appliances and equipment, or take any other action necessary to remove or control a health hazard or to prevent a health hazard from becoming injurious. Failure to do so within the time limited by the Director shall be a violation of the VOSHA Code and shall be reported to the Commissioner of Labor.

Added 1971, No. 205 (Adj. Sess.), § 2; amended 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.

§ 1421. Smoking in the workplace; prohibition.

1. The possession of lighted tobacco products or use of tobacco substitutes as defined in 7 V.S.A. § 1001 is prohibited in any workplace.
2. 1. As used in this subchapter, "workplace" means an enclosed structure where employees perform services for an employer, including restaurants, bars, and other establishments in which food or drinks, or both, are served. In the case of an employer who assigns employees to departments, divisions, or similar organizational units, "workplace" means the enclosed portion of a structure to which the employee is assigned. (b) (1)  As used in this subchapter, "workplace" means an enclosed structure where employees perform services for an employer, including restaurants, bars, and other establishments in which food or drinks, or both, are served. In the case of an employer who assigns employees to departments, divisions, or similar organizational units, "workplace" means the enclosed portion of a structure to which the employee is assigned.
   2. Except for schools, workplace does not include areas commonly open to the public or any portion of a structure that also serves as the employee's or employer's personal residence.
   3. For schools, workplace includes any enclosed location where instruction or other school-sponsored functions are occurring.
   4. For lodging establishments used for transient traveling or public vacationing, such as resorts, hotels, and motels, workplace includes the sleeping quarters and adjoining rooms rented to guests.
   5. The prohibition on using tobacco substitutes in a workplace shall not apply to a business that does not sell food or beverages but is established for the sole purpose of providing a setting for patrons to purchase and use tobacco substitutes and related paraphernalia.
3. Nothing in this section shall be construed to restrict the ability of residents of the Vermont Veterans' Home to possess lighted tobacco products or use tobacco substitutes in the indoor area of the facility in which smoking is permitted.

   Added 1987, No. 69 , § 2, eff. July 1, 1988; amended 1987, No. 162 (Adj. Sess.), § 2; 2009, No. 32 , § 1; 2013, No. 135 (Adj. Sess.), § 1; 2015, No. 108 (Adj. Sess.), § 2.

§§ 1422-1425. Repealed. 2009, No. 32, § 4.

§ 1426. Enforcement.

1. An employee aggrieved by an employer's failure to comply with the provisions of this subchapter may file a complaint with the Department of Health.
2. In addition to any other authority provided by law, the Commissioner of Health or a hearing officer designated by the Commissioner may, after notice and an opportunity for hearing, impose an administrative penalty of $100.00 against an employer who violates this chapter. The hearing before the Commissioner shall be a contested case subject to the provisions of 3 V.S.A. chapter 25 (Administrative Procedure Act).

   Added 1987, No. 69 , § 2, eff. July 1, 1988; amended 2009, No. 32 , § 2.

§ 1427. Employee rights.

1. An employer shall not discharge or discipline or otherwise discriminate against an employee because that employee assisted in the supervision or enforcement of this chapter.
2. Any employee who believes that he or she has been discharged or otherwise discriminated against in violation of this section may, within 30 days after such violation occurs, file a complaint with the Commissioner of Health alleging such discrimination.  Upon receipt of such complaint, the Commissioner shall cause such investigation to be made as the Commissioner deems appropriate.  If upon investigation, the Commissioner determines that the provisions of this section have been violated, he or she shall bring an action in Superior Court against such person.  In any such action, the court shall have jurisdiction for cause shown to restrain violations of subsection (a) of this section and order all appropriate relief including rehiring or reinstatement of the employee to his or her former position with back pay.
3. Within 90 days of the receipt of a complaint filed under this section, the Commissioner shall notify the complainant of the determination under subsection (b) of this section.

   Added 1987, No. 69 , § 2, eff. July 1, 1988.

§ 1428. Municipal ordinances.

Nothing in this subchapter shall be construed to supersede or in any manner affect a municipal smoking ordinance provided that the provisions of such ordinance are at least as protective of the rights of nonsmokers as the provisions of this subchapter.

Added 1987, No. 69 , § 2, eff. July 1, 1988.

§§ 1501-1503. Repealed. 1977, No. 147 (Adj. Sess.).

§ 1504. Distribution of samples of medicine.

A person, firm, or corporation that distributes or causes to be distributed a free or trial sample of a medicine, drug, chemical, or chemical compound, by leaving the same exposed upon the ground, sidewalks, porch, doorway, letter box, or in any other manner that children may become possessed of the same shall be fined not more than $300.00 nor less than $100.00.

§ 1505. Repealed. 1977, No. 147 (Adj. Sess.).

§§ 1506-1509. Reserved for future use.

1. As used in this section:
   1. "Glue containing a solvent having the property of releasing toxic vapors or fumes" means any glue, cement, or other adhesive containing one or more of the following chemical compounds: acetone, cellulose acetate, benzene, butyl alcohol, ethyl alcohol, ethylene dichloride, ethylene trichloride, isopropyl alcohol, methyl alcohol, methyl ethyl ketone, pentachlorophenol, petroleum ether, toluene, or such other similar material as the Commissioner shall by regulation prescribe.
   2. "Hazardous inhalants" means any of the preparation of compounds containing one or more of the chemical compounds amyl nitrite, isoamyl nitrite, butyl nitrite, isobutyl nitrite, pentyl nitrite, or any other akyl nitrite compound that is either designed to be used, or commonly used, as an inhalant.
2. No person shall, for the purpose of causing a condition of intoxication, inebriation, excitement, stupefaction, or the dulling of the brain or nervous system, intentionally smell or inhale the fumes from any hazardous inhalants or from any glue containing a solvent having the property of releasing toxic vapors or fumes. Nothing in this subsection shall be interpreted as applying to the inhalation of any anesthesia or inhalant for medical or dental purposes.
3. No person shall, for the purpose of violating subsection (b) of this section, use or possess for the purpose of using any hazardous inhalants or any glue containing a solvent having the property of releasing toxic vapors or fumes.
4. A person who violates this section shall be fined not more than $25.00.
5. The State's Attorney may require as a condition of diversion that a person who is charged with a violation of this section shall attend and complete a substance abuse program at the person's own expense. A person who is convicted of violating this section and who is placed on probation, shall, as a condition of probation, be required to attend and complete a substance abuse program at the person's own expense.

   Added 1993, No. 150 (Adj. Sess.), § 1.

§ 1511. Phthalates.

1. As used in this section:
   1. "Child care article" means any product designed or intended by the manufacturer to facilitate sleep, relaxation, or the feeding of children, or to help children with sucking or teething.
   2. "Phthalate" means any one of a group of chemicals used as plasticizers to provide flexibility and durability to plastics such as polyvinyl chloride (PVC).
   3. "Toy" means any product designed or intended by the manufacturer to be used by children when they play.
2. Beginning July 1, 2009, no person or entity shall manufacture, sell, or distribute in commerce any toy or child care article intended for use by a child under three years of age if that product contains di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), or benzyl butyl phthalate (BBP), in concentrations exceeding 0.1 percent.
3. Beginning July 1, 2009, no person or entity shall manufacture, sell, or distribute in commerce any toy or child care article intended for use by a child under three years of age if that product can be placed in the child's mouth and contains diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-octyl phthalate (DnOP), in concentrations exceeding 0.1 percent.
4. Manufacturers shall use the least toxic alternative when replacing phthalates in accordance with this section.
5. Manufacturers shall not replace phthalates, pursuant to this section, with carcinogens rated by the U.S. Environmental Protection Agency (EPA) as A, B, or C carcinogens or substances listed on the EPA's "List of Chemicals Evaluated for Carcinogenic Potential" as known or likely carcinogens, known to be human carcinogens, likely to be human carcinogens, or suggestive of being carcinogens.
6. Manufacturers shall not replace phthalates, pursuant to this section, with reproductive toxicants that the EPA has identified as causing birth defects, reproductive harm, or developmental harm.
7. A violation of this section shall be deemed a violation of the Consumer Protection Act, 9 V.S.A. chapter 63. The Attorney General has the same authority to make rules, conduct civil investigations, enter into assurances of discontinuance, and bring civil actions, and private parties have the same rights and remedies as provided under 9 V.S.A. chapter 63, subchapter 1.
8. Nothing in this section shall be construed to regulate firearms; ammunition or components thereof; pellets from air rifles; shooting ranges or circumstances resulting from shooting, handling, storing, casting, or reloading ammunition; or hunting or fishing equipment or components thereof.

   Added 2007, No. 171 (Adj. Sess.), § 1; amended 2011, No. 136 (Adj. Sess.), § 1b, eff. May 18, 2012.

§ 1512. Bisphenol A.

1. As used in this section:
   1. "Baby food" means a prepared solid food consisting of a soft paste or an easily chewed food that is intended for consumption by children two years of age or younger and that is commercially available.
   2. "Bisphenol A" means an industrial chemical used primarily in the manufacture of polycarbonate plastic and epoxy resins.
   3. "Infant formula" means a milk-based or soy-based powder, concentrated liquid, or ready-to-feed substitute for human breast milk that is intended for infant consumption and that is commercially available.
   4. "Reusable food or beverage container" means a receptacle for storing food or beverages, including baby bottles, spill-proof cups, sports bottles, and thermoses. The term does not include food or beverage containers intended for disposal after initial usage. The term shall not include commercial water cooler jugs.
2. Beginning July 1, 2012, no person or entity shall manufacture, sell, or distribute in commerce in this State any reusable food or beverage container containing bisphenol A.
3. 1. Beginning July 1, 2012, no person or entity shall manufacture, sell, or distribute in commerce in this State any infant formula or baby food stored in a plastic container or jar that contains bisphenol A. (c) (1)  Beginning July 1, 2012, no person or entity shall manufacture, sell, or distribute in commerce in this State any infant formula or baby food stored in a plastic container or jar that contains bisphenol A.
   2. Beginning July 1, 2014, no person or entity shall manufacture, sell, or distribute in commerce in this State any infant formula or baby food stored in a can that contains bisphenol A.
4. Manufacturers shall use the least toxic alternative when replacing bisphenol A in accordance with this section.
5. Manufacturers shall not replace bisphenol A, pursuant to this section, with carcinogens rated by the U.S. Environmental Protection Agency (EPA) as A, B, or C carcinogens or substances listed on the EPA's "List of Chemicals Evaluated for Carcinogenic Potential" as known or likely carcinogens, known to be human carcinogens, likely to be human carcinogens, or suggestive of being carcinogens.
6. Manufacturers shall not replace bisphenol A, pursuant to this section, with reproductive toxicants that the EPA has identified as causing birth defects, reproductive harm, or developmental harm.
7. A violation of this section shall be deemed a violation of the Consumer Protection Act, 9 V.S.A. chapter 63. The Attorney General has the same authority to make rules, conduct civil investigations, enter into assurances of discontinuance, and bring civil actions, and private parties have the same rights and remedies, as provided under 9 V.S.A. chapter 63, subchapter 1.

   Added 2009, No. 112 (Adj. Sess.), § 2, eff. May 19, 2010; amended 2011, No. 109 (Adj. Sess.), § 3, eff. May 8, 2012; 2011, No. 136 (Adj. Sess.), § 1b, eff. May 18, 2012.

§ 1513. Tanning facilities; minors; penalty.

1. As used in this section:
   1. "Operator" means a person designated by the tanning facility owner or tanning equipment lessee to operate or to assist and instruct in the operation and use of the tanning facility or tanning equipment.
   2. "Tanning equipment" means any device that emits electromagnetic radiation with wavelengths in the air between 200 and 400 nanometers used for tanning of the skin, including a sunlamp, tanning booth, or tanning bed.
   3. "Tanning facility" means any location, place, area, structure, or business that provides persons access to any tanning equipment, including tanning salons, health clubs, apartments, and condominiums, regardless of whether a fee is charged for access to the tanning equipment.
2. This section shall apply to any tanning facility in Vermont; provided, however, that it shall not apply to any physician duly licensed to practice medicine who uses, in the practice of medicine, medical diagnostic and therapeutic equipment that emits ultraviolet radiation or to any person who owns tanning equipment exclusively for personal, noncommercial use.
3. It shall be unlawful for a tanning facility or operator to allow any person who has not yet reached the age of 18 to use any tanning equipment.
4. Any tanning facility or operator that allows a person under 18 years of age to use any tanning equipment shall be subject to a civil penalty of not more than $100.00 for the first offense and not more than $500.00 for any subsequent offense. An action to enforce this section shall be brought in the Judicial Bureau pursuant to 4 V.S.A. chapter 29.
5. The Commissioner of Health shall adopt such rules as are necessary to carry out the provisions of this section.
6. A tanning facility owner, lessee, or operator shall post in a conspicuous place in each tanning facility that the individual owns, leases, or operates in this State a notice developed by the Commissioner of Health addressing the following:
   1. that it is unlawful for a tanning facility or operator to allow a person under the age of 18 to use any tanning equipment;
   2. that a tanning facility or operator that violates the provisions of this section shall be subject to a civil penalty;
   3. that an individual may report a violation of the provisions of this section to his or her local law enforcement agency; and
   4. the health risks associated with tanning.

      Added 2011, No. 97 (Adj. Sess.), § 1.

§ 1551. Definitions.

As used in this chapter:

1. "Maternal mortality" or "maternal death" means:
   1. pregnancy-associated death;
   2. pregnancy-related death; or
   3. pregnancy-associated but not pregnancy-related death.
2. "Pregnancy-associated death" means the death of a woman while pregnant or within one year following the end of pregnancy, irrespective of cause.
3. "Pregnancy-associated, but not pregnancy-related death" means the death of a woman while pregnant or within one year following the end of pregnancy due to a cause unrelated to pregnancy.
4. "Pregnancy-related death" means the death of a woman while pregnant or within one year following the end of pregnancy, irrespective of the duration and site of the pregnancy, from any cause related to or aggravated by her pregnancy or its management, but not from accidental or incidental causes.

   Added 2011, No. 35 , § 2, eff. May 18, 2011.

§ 1552. Maternal Mortality Review Panel established.

1. There is established the Maternal Mortality Review Panel to conduct comprehensive, multidisciplinary reviews of maternal deaths in Vermont for the purposes of identifying factors associated with the deaths and making recommendations for system changes to improve health care services for women in this State. The Panel shall consider health disparities and social determinants of health, including race and ethnicity in maternal death reviews.
2. 1. The members of the Panel shall be appointed by the Commissioner of Health as follows: (b) (1)  The members of the Panel shall be appointed by the Commissioner of Health as follows:
   2. The Commissioner may appoint any of the following members to one-year terms:
      1. a licensed clinical provider specializing in substance use disorder;
      2. an expert in the pharmaceutical management of mental health; and
      3. a social worker.
   3. The Panel may consult experts as needed on a case by case basis. An expert consulted pursuant to this subdivision shall be subject to the same restrictions and protections as Panel members with regard to privacy, security, and the disclosure of information.

   Two members from the Vermont section of the American College of Obstetricians and Gynecologists, one of whom shall be a generalist obstetrician and one of whom shall be a maternal fetal medicine specialist.

   One member from the Vermont chapter of the American Academy of Pediatrics, specializing in neonatology.

   One member from the Vermont chapter of the American College of Nurse-Midwives.

   One member who is a midwife licensed pursuant to 26 V.S.A. chapter 85.

   One member from the Vermont section of the Association of Women's Health, Obstetric and Neonatal Nurses.

   The Director of the Division of Maternal and Child Health in the Vermont Department of Health or designee.

   An epidemiologist from the Department of Health with experience analyzing perinatal data or designee.

   The Chief Medical Examiner or designee.

   A representative of the community mental health centers.

   A member of the public.

3. The term of each member listed in subdivision (b)(1) of this section shall be three years and the terms shall be staggered. The Commissioner shall appoint the initial Chair of the Panel, who shall call the first meeting of the Panel and serve as Chair for six months, after which time the Panel shall elect its Chair.

   The Commissioner may delegate to the Northern New England Perinatal Quality Improvement Network (NNEPQIN) the functions of collecting, analyzing, and disseminating maternal mortality information; organizing and convening meetings of the Panel; and such other substantive and administrative tasks as may be incident to these activities. The activities of the NNEPQIN and its employees or agents shall be subject to the same confidentiality provisions as apply to members of the Panel.

   (e) The Department may enter into reciprocal agreements with other states that have maternal mortality review panels provided access under such agreements is consistent with privacy, security, and disclosure protections in this chapter.

   (f) The Panel's review process shall not commence until any criminal prosecution arising out of the maternal mortality is concluded by the Attorney General and a State's Attorney provides written notice to the Panel that no criminal charges shall be filed.

   (g) Annually, on or before January 15, the Panel shall submit a report with its findings and recommendations to the House Committee on Human Services and to the Senate Committee on Health and Welfare, provided that releasing the information complies with the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. 104-191.

   (h) Members of the Panel shall be entitled to per diem compensation and reimbursement of expenses as permitted under 32 V.S.A. § 1010 for not more than three meetings annually. These payments shall be made from monies appropriated to the Department of Health.

   Added 2011, No. 35 , § 2, eff. May 18, 2011; amended 2019, No. 142 (Adj. Sess.), § 1.

§ 1553. Duties.

1. The Panel, in collaboration with the Commissioner of Health or designee, shall conduct comprehensive, multidisciplinary reviews of maternal mortality in Vermont.
2. Each member of the Panel shall be responsible for disseminating Panel recommendations to his or her respective institution and professional organization, as applicable. All such information shall be disseminated through the institution's or organization's quality assurance program in order to protect the confidentiality of all participants and patients involved in any incident.
3. [Repealed.]
4. The Panel shall not:
   1. call witnesses or take testimony from any individual involved in the investigation of a maternal death;
   2. enforce any public health standard or criminal law or otherwise participate in any legal proceeding, except to the extent that a member of the Panel is involved in the investigation of a maternal death or resulting prosecution and must participate in a legal proceeding in the course of performing his or her duties outside the Panel.

      Added 2011, No. 35 , § 2, eff. May 18, 2011; amended 2015, No. 131 (Adj. Sess.), § 11.

§ 1554. Confidentiality.

1. The Panel's meetings are confidential and shall be exempt from the Open Meeting Law, 1 V.S.A. chapter 5, subchapter 2. The records produced or acquired by the Panel are exempt from public inspection and copying under the Public Records Act and shall be kept confidential. The records of the Panel are not subject to discovery, subpoena, or introduction into evidence in any civil or criminal proceeding; 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 proceeding anything that is available from another source and entirely independent of the Panel's proceedings.
2. Members of the Panel shall not be questioned in any civil or criminal proceeding regarding the information presented in or opinions formed as a result of a meeting of the Panel; provided, however, that nothing in this subsection shall be construed to prevent a member of the Panel from testifying to information obtained independently of the Panel or that is public information.

   Added 2011, No. 35 , § 2, eff. May 18, 2011; amended 2019, No. 142 (Adj. Sess.), § 2.

§ 1555. Information related to maternal mortality.

1. 1. Health care providers; health care facilities; clinics; laboratories; medical records departments; and State offices, agencies, and departments shall report all maternal mortality deaths to the Chair of the Maternal Mortality Review Panel and to the Commissioner of Health or designee. (a) (1)  Health care providers; health care facilities; clinics; laboratories; medical records departments; and State offices, agencies, and departments shall report all maternal mortality deaths to the Chair of the Maternal Mortality Review Panel and to the Commissioner of Health or designee.
   2. The Commissioner and the Chair may acquire the information described in subdivision (1) of this subsection from health care facilities, maternal mortality review programs, and other sources in other states to ensure that the Panel's records of Vermont maternal mortality cases are accurate and complete.
2. 1. In any case under review by the Panel, upon written request of the Commissioner or designee, a person who possesses information or records that are necessary and relevant to the review of a maternal mortality shall, as soon as practicable, provide the Panel with the information and records. All requests for information or records by the Commissioner or designee related to a case under review shall be provided by the person possessing the information or records to the Panel at no cost. (b) (1)  In any case under review by the Panel, upon written request of the Commissioner or designee, a person who possesses information or records that are necessary and relevant to the review of a maternal mortality shall, as soon as practicable, provide the Panel with the information and records. All requests for information or records by the Commissioner or designee related to a case under review shall be provided by the person possessing the information or records to the Panel at no cost.
   2. The Commissioner or designee may retain identifiable information regarding facilities where maternal deaths occur and geographic information on each case solely for the purposes of trending and analysis over time. In accordance with the rules adopted pursuant to subdivision 1556(4) of this title, all individually identifiable information on individuals and identifiable information on facilities shall be removed prior to any case review by the Panel.
   3. The Chair shall not acquire or retain any individually identifiable information.
   4. As used in this subsection, "individually identifiable information" includes vital records; hospital discharge data; prenatal, fetal, pediatric, or infant medical records; hospital or clinic records; laboratory reports; records of fetal deaths or induced terminations of pregnancies; and autopsy reports.
3. If a root cause analysis of a maternal mortality event has been completed, the findings of such analysis shall be included in the records supplied to the review Panel.

   Added 2011, No. 35 , § 2, eff. May 18, 2011; amended 2019, No. 142 (Adj. Sess.), § 3.

§ 1556. Rulemaking.

The Commissioner of Health, with the advice and recommendation of a majority of the members of the Panel, shall adopt rules pursuant to 3 V.S.A. chapter 25 related to the following:

1. The system for identifying and reporting maternal deaths to the Commissioner or designee.
2. The form and manner through which the Panel may acquire information under section 1555 of this title.
3. The protocol to be used in carefully and sensitively contacting a family member of the deceased woman for a discussion of the events surrounding the death, including allowing grieving family members to delay or refuse such an interview.
4. Ensuring de-identification of all individuals and facilities involved in the Panel's review of cases.

   Added 2011, No. 35 , § 2, eff. May 18, 2011.

§ 1561. Child Fatality Review Team.

1. Creation.  There is created the Child Fatality Review Team within the Department of Health for the following purposes:
   1. to examine cases of child fatality in Vermont in which the fatality is either unexpected, unexplained, or preventable;
   2. to identify system gaps and risk factors associated with child fatalities that are either unexpected, unexplained, or preventable;
   3. to educate the public, service providers, and policymakers about unexpected, unexplained, or preventable child fatalities and strategies for intervention;
   4. to recommend legislation, rules, policies, practices, training, and coordination of services that promote interagency collaboration and prevent future unexpected, unexplained, or preventable child fatalities.
2. Membership.
   1. The Team shall comprise the following members:
      1. the Chief Medical Examiner or designee;
      2. the Commissioner of Health or designee;
      3. the Commissioner for Children and Families or designee;
      4. the Commissioner of Mental Health or designee;
      5. the Commissioner of Public Safety or designee;
      6. the Secretary of Education or designee;
      7. the Attorney General or designee;
      8. a physician licensed to practice pursuant to 26 V.S.A. chapter 23 or 33 who specializes in the practice of pediatrics, appointed by the Vermont chapter of the American Academy of Pediatrics;
      9. a physician licensed to practice pursuant to 26 V.S.A. chapter 23 or 33 who specializes in the practice of child psychiatry, appointed by the Vermont Psychiatric Association;
      10. a municipal law enforcement officer, appointed by the Vermont Association of Chiefs of Police; and
      11. any other professional specializing in child abuse or neglect, health, social work, child care, education, or law enforcement and who is appointed by the Secretary of Human Services.
   2. 1. The members of the Team specified in subdivision (1) of this subsection shall serve three-year terms, except that of the members first appointed pursuant to subdivisions (1)(H)-(K) of this subsection, two shall serve a term of one year and two shall serve a term of two years. (2) (A) The members of the Team specified in subdivision (1) of this subsection shall serve three-year terms, except that of the members first appointed pursuant to subdivisions (1)(H)-(K) of this subsection, two shall serve a term of one year and two shall serve a term of two years.
      2. Any vacancy on the Team shall be filled in the same manner as the original appointment. The replacement member shall serve for the remainder of the unexpired term.
3. Meetings.
   1. The Team shall meet at such times as may reasonably be necessary to carry out its duties, but at least once in each calendar quarter.
   2. The Commissioner of Health or designee shall call the first meeting of the Team to occur on or before September 30, 2018.
   3. The Team shall select a chair and vice chair from among its members at the first meeting, and biannually thereafter.
4. Assistance.  The Team shall have the administrative, technical, and legal assistance of the Department of Health.
5. Access to information and records.
   1. In any case under review by the Team, upon written request of the Chair, a person who possesses information or records that are necessary and relevant to the review of a child fatality that is either unexpected, unexplained, or preventable shall, as soon as practicable, provide the Team with the information and records. All requests for information or records by the Chair related to a case under review shall be provided by the person possessing the information or records to the Team at no cost.
   2. A person shall not be held criminally or civilly liable for disclosing or providing information or records to the Team pursuant to this subsection.
   3. The Team shall not have access to the proceedings, reports, and records of a peer review committee as defined in 26 V.S.A. § 1441 .
6. Limitations.
   1. The Team's review process shall not commence until:
      1. any criminal prosecution arising out of the child fatality is concluded or the Attorney General and State's Attorney provide written notice to the Team that no criminal charges shall be filed; and
      2. any investigation by the Department for Children and Families is concluded.
   2. The Team shall seek to obtain information or records generated in the course of an investigation from State agencies or law enforcement officials before making a request to health care providers and educators.
7. 1. Confidentiality.  The records produced or acquired by the Team are exempt from public inspection and copying under the Public Records Act and shall be kept confidential. The records of the Team are not subject to subpoena, discovery, or introduction into evidence in a civil or criminal action. Nothing in this section shall be construed to limit or restrict the right to discover or use in any civil or criminal proceedings information or records that are available from another source and entirely outside the Team's review. The Team shall not use the information or records generated during the course of its review for purposes other than those described in this section. (g) (1)  Confidentiality.  The records produced or acquired by the Team are exempt from public inspection and copying under the Public Records Act and shall be kept confidential. The records of the Team are not subject to subpoena, discovery, or introduction into evidence in a civil or criminal action. Nothing in this section shall be construed to limit or restrict the right to discover or use in any civil or criminal proceedings information or records that are available from another source and entirely outside the Team's review. The Team shall not use the information or records generated during the course of its review for purposes other than those described in this section.
   2. The Team's meetings are confidential and shall be exempt from 1 V.S.A. chapter 5, subchapter 2 (the Vermont Open Meeting Law).
   3. Members of the Team and persons invited to testify before the Team shall not disclose information, records, discussions, and opinions stated in connection to the Team's review. Members of the Team and persons invited to testify before the Team shall execute a sworn statement honoring the confidentiality of all information, records, discussions, and opinions related to the Team's review, which shall be maintained by the Chair.
8. Report.  Notwithstanding 2 V.S.A. § 20(d) , the Team shall report its conclusions and recommendations to the Governor and General Assembly, as the Team deems necessary, but not less frequently than once per calendar year. The report shall disclose individually identifiable information only to the extent necessary to convey the Team's conclusions and recommendations, and any such disclosures shall be limited to information already known to the public. The report shall be available to the public through the Department of Health.
9. Definition.  As used in this chapter, "child" means an individual from the time of birth to 18 years of age.

   Added 2017, No. 103 (Adj. Sess.), § 1; amended 2019, No. 14 , § 48, eff. April 30, 2019.

§ 1601. Purposes - Article I.

The purposes of this compact are to:

1. Promote the radiological health protection of the public and individuals within the party states.
2. Provide mutual aid and assistance in radiological health matters, including radiation incidents.
3. Encourage and facilitate the efficient use of personnel and equipment by furthering the orderly acquisition and sharing of resources useful for programs of radiation protection.

   Added 1967, No. 26 , § 1, eff. March 14, 1967.

§ 1602. Enactment - Article II.

This compact shall become effective when enacted into law by any two or more of the states of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. Thereafter it shall become effective with respect to any other aforementioned state upon its enacting this compact into law. Any state not mentioned in this article which is contiguous to any party state may become a party to this compact by enacting the same.

Added 1967, No. 26 , § 1, eff. March 14, 1967.

§ 1603. Duties of state - Article III.

1. It shall be the duty of each party state to formulate and put into effect an intrastate radiation incident plan which is compatible with the interstate radiation incident plan formulated pursuant to this compact.
2. Whenever the compact administrator of a party state requests aid from the compact administrator of any other party state pursuant to this compact, it shall be the duty of the requested state to render all possible aid to the requesting state which is consonant with the maintenance of protection of its own people.  The compact administrator of a party state may delegate any or all of his or her authority to request aid or respond to requests for aid pursuant to this compact to one or more subordinates, in order that requests for aid and responses thereto shall not be impeded by reason of the absence or unavailability of the compact administrator.  Any compact administrator making such a delegation shall inform all the other compact administrators thereof, and also shall inform them of the identity of the subordinate or subordinates to whom the delegation has been made.
3. Each party state shall maintain adequate radiation protection personnel and equipment to meet normal demands for radiation protection within its borders.

   Added 1967, No. 26 , § 1, eff. March 14, 1967.

§ 1604. Liability - Article IV.

1. Whenever the officers or employees of any party state are rendering outside aid pursuant to the request of another party state under this compact, the officers or employees of such state shall, under the direction of the authorities of the state to which they are rendering aid, have the same powers, duties, rights, privileges, and immunities as comparable officers and employees of the state to which they are rendering aid.
2. No party state or its officers or employees rendering outside aid pursuant to this compact shall be liable on account of any act or omission on their part while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith.
3. All liability that may arise either under the laws of the requesting state or under the laws of the aiding state or under the laws of a third state, on account of or in connection with a request for aid, shall be assumed and borne by the requesting state.
4. Any party state rendering outside aid to cope with a radiation incident shall be reimbursed by the party state receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost of all materials, transportation, and maintenance of officers, employees and equipment incurred in connection with such request: provided that nothing herein contained shall prevent any assisting party state from assuming such loss, damage, expense, or other cost or from loaning such equipment or from donating such services to the receiving party state without charge or cost.
5. Each party state shall provide for the payment of compensation and death benefits to injured officers and employees and the representatives of deceased officers and employees in case officers or employees sustain injuries or are killed while rendering outside aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within the state for or in which the officer or employee was regularly employed.

   Added 1967, No. 26 , § 1, eff. March 14, 1967.

§ 1605. Facilities, equipment and personnel - Article V.

1. Whenever a department, agency, or officer of a party state responsible for and having control of facilities or equipment designed for or useful in radiation control, radiation research, or any other phase of a radiological health program or programs determines that such a facility or item of equipment is not being used to its full capacity by such party state, or that temporarily it is not needed for current use by such state, a department, agency, or officer may, upon request of an appropriate department, agency, or officer of another party state, make such facility or item of equipment available for use by such requesting department, agency, or officer. Unless otherwise required by law, the availability and use resulting therefrom may be with or without charge, at the discretion of the lending department, agency, or officer. Any personal property made available pursuant to this paragraph may be removed to the requesting state, but no such property shall be made available, except for a specified period and pursuant to written agreement.  Except when necessary to meet an emergency, no supplies or materials intended to be consumed prior to return shall be made available pursuant to this paragraph.
2. In recognition of the mutual benefits, in addition to those resulting from article IV, accruing to the party states from the existence and flexible use of professional or technical personnel having special skills or training related to radiation protection, such personnel may be made available to a party state by appropriate departments, agencies, and officers of other party states; provided that the borrower reimburses such party state regularly employing the personnel in question for any cost of making such personnel available, including a prorated share of the salary or other compensation of the personnel involved.
3. Nothing in this article shall be construed to limit or to modify in any way the provisions of article IV of this compact.

   Added 1967, No. 26 , § 1, eff. March 14, 1967.

§ 1606. Compact administrators - Article VI.

Each party state shall have a compact administrator who shall be the head of the state agency having principal responsibility for radiation protection, and who:

1. Shall coordinate activities pursuant to this compact in and on behalf of his state.
2. Serving jointly with the compact administrators of the other party states, shall develop and keep current an interstate radiation incident plan; consider such other matters as may be appropriate in connection with programs of cooperation in the field of radiation protection and allied areas of common interest; and formulate procedures for claims and reimbursement under the provisions of article IV.

   Added 1967, No. 26 , § 1, eff. March 14, 1967.

§ 1607. Other responsibilities and activities - Article VII.

Nothing in this compact shall be construed to:

1. Authorize or permit any party state to curtail or diminish its radiation protection program, equipment, services, or facilities.
2. Limit or restrict the powers of any state ratifying the same to provide for the radiological health protection of the public and individuals, or to prohibit the enactment or enforcement of state laws, rules, or regulations intended to provide for such radiological health protection.
3. Affect any existing or future cooperative relationship or arrangement between federal, state or local governments and a party state or states.

   Added 1967, No. 26 , § 1, eff. March 14, 1967.

§ 1608. Withdrawal - Article VIII.

Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.

Added 1967, No. 26 , § 1, eff. March 14, 1967.

§ 1609. Construction and severability - Article IX.

It is the legislative intent that the provisions of this compact be reasonably and liberally construed. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be unconstitutional or the applicability thereof, to any state, agency, person, or circumstance is held invalid, the constitutionality of the remainder of this compact and the applicability thereof, to any other state, agency, person, or circumstance shall not be affected thereby.

Added 1967, No. 26 , § 1, eff. March 14, 1967.

§ 1621. Board of health; duties.

The State Board of Health shall formulate and keep current a radiation incident plan for this State, in accordance with the duty assumed pursuant to article III(a) of the compact.

Added 1967, No. 26 , § 2, eff. March 14, 1967.

§ 1622. Administrator.

The compact administrator for this State, as required by article VI of the compact, shall be the Commissioner of Health.

Added 1967, No. 26 , § 3, eff. March 14, 1967.

§ 1651. Definitions.

In this chapter:

1. "By-product material" means each of the following:
   1. Any radioactive material, other than special nuclear material, that is yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material.
   2. The tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content, including discrete surface wastes resulting from uranium solution extraction processes. However, "by-product material" does not include underground ore bodies depleted by these solution extraction operations.
   3. Any discrete source of radium-226 that is produced, extracted, or converted after extraction for use for a commercial, medical, or research activity.
   4. Any material that has been made radioactive by use of a particle accelerator and is produced, extracted, or converted after extraction for use for a commercial, medical, or research activity.
   5. Any discrete source of naturally occurring radioactive material, other than source material, that is extracted or converted after extraction for use in a commercial, medical, or research activity, if the Governor, after determination by the NRC, declares by order that the source would pose a threat similar to the threat posed by a discrete source of radium-226 to the public health and safety.
2. "Commissioner" means the Commissioner of Health.
3. "Department" means the Department of Health.
4. "General license" means a license effective under regulations promulgated by the State radiation control agency without the filing of an application to transfer, acquire, own, possess, or use quantities of, or devices or equipment utilizing by-product, source, or special nuclear materials or other radioactive material occurring naturally or produced artificially.
5. "Ionizing radiation" means gamma rays and X-rays, alpha and beta particles, high speed electrons, neutrons, protons, and other nuclear particles.
6. "Nonionizing radiation" means radiations of any wavelength in the entire electromagnetic spectrum except those radiations defined in this section as ionizing. Nonionizing radiations include ultraviolet, visible, infrared, microwave, radiowave, low frequency electromagnetic radiation; infrasonic, sonic, and ultrasonic waves; electrostatic and magnetic fields.
7. "NRC" means the U.S. Nuclear Regulatory Commission or any successor agency of the United States to the Commission.
8. "Radioactive material" means any material, whether solid, liquid, or gas, that emits ionizing radiation spontaneously. The term includes material made radioactive by a particle accelerator, by-product material, naturally occurring radioactive material, source material, and special nuclear material.
9. "Specific license" means a license, issued to a named person after application to use, manufacture, produce, transfer, receive, acquire, own, or possess quantities of, or devices or equipment utilizing byproduct, source, or special nuclear materials or other radioactive material occurring naturally or produced artificially.
10. "Source material" means each of the following:
    1. uranium, thorium, or any combination of those elements, in any physical or chemical form;
    2. any other material that the Governor declares by order to be source material after the NRC has determined the material to be source material; or
    3. ores that contain uranium, thorium, or any combination of those elements in a concentration by weight of 0.05 percent or more or in such lower concentration as the Governor declares by order to be source material after the NRC has determined the material in such concentration to be source material.
11. "Special nuclear material" means:
    1. plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material that the Governor declares by order to be special nuclear material after the NRC has determined the material to be such special nuclear material, but does not include source material; or
    2. any material artificially enriched by any elements, isotopes, or materials listed in subdivision (A) of this subdivision (11), but does not include source material.

       Added 1967, No. 27 , § 1; amended 1977, No. 83 , § 1; 2015, No. 82 (Adj. Sess.), § 1.

§ 1652. State radiation control.

1. The Department is the radiation control agency for the State of Vermont. The Commissioner may designate the Radiation Control Director within the Department as the individual who shall perform the functions vested in the Department by this chapter.
2. The Department shall, for the protection of the occupational and public health and safety, develop programs for the control of ionizing and nonionizing radiation compatible with federal programs for regulation of by-product, source, and special nuclear materials.
3. The Department may adopt, amend, and repeal rules under 3 V.S.A. chapter 25 that may provide for licensing and registration for the control of sources of ionizing radiation and that may provide for the control and regulation of sources of nonionizing radiation.
4. The Department shall advise, consult, and cooperate with other agencies of the State, the federal government, other states and interstate agencies, political subdivisions, industries, and with groups concerned with control of sources of ionizing and nonionizing radiation.
5. Applicants for registration of X-ray equipment shall pay an annual registration fee of $85.00 per piece of equipment.
6. Fees collected under this section shall be credited to a special fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5 and shall be available to the Department to offset the costs of providing services relating to licensing and registration and controlling sources of ionizing radiation.

   Added 1967, No. 27 , § 2; amended 1977, No. 83 , § 2; 2007, No. 76 , § 11; 2009, No. 134 (Adj. Sess.), § 27; 2011, No. 128 (Adj. Sess.), § 4; 2015, No. 57 , § 8; 2015, No. 82 (Adj. Sess.), § 1.

§ 1653. Federal-State agreements.

1. The Governor, on behalf of the State of Vermont, may enter into agreements with the federal government providing for discontinuance of certain of the federal government's responsibilities with respect to by-product, source, and special nuclear materials and the assumption of these responsibilities by the State of Vermont.
2. In the event of such agreement:
   1. The Department shall provide by rule for general or specific licensing of by-product, source, special nuclear materials, or devices or equipment utilizing such materials. The rule shall provide for amendment, suspension, or revocation of licenses. A rule adopted under this subsection shall be consistent with regulations duly adopted by the NRC except as the Commissioner determines is necessary to protect public health.
   2. The Department shall have authority to:
      1. impose conditions that are individual to a license when necessary to protect public health and safety;
      2. reciprocate in the recognition of specific licenses issued by the NRC or another state that has reached agreement with the NRC pursuant to 42 U.S.C. § 2021(b) (agreement state);
      3. require that licensees and unlicensed individuals comply with the federal statutes and regulations relating to the authority assumed by the Department under this section and with the rules adopted by the Department under this section; and
      4. exempt certain by-product, source, or special nuclear materials or kinds of uses or users from the licensing or registration requirements set forth in this section when the Department makes a finding that the exemption of such materials or kinds of uses or users will not constitute a significant risk to the health and safety of the public.
   3. The Department may collect a fee for licenses issued under this section. The fee schedule for these licenses shall be the schedule adopted by the U.S. Nuclear Regulatory Commission and published in 10 C.F.R. § 170.31 that is in effect as of July 1, 2016. Fees collected under this section shall be credited to the Nuclear Regulatory Fund established and managed under subdivision (4) of this subsection and shall be available to the Department to offset the costs of providing services under this section.
   4. There is established the Nuclear Regulatory Fund to consist of the fees collected under subdivision (3) of this subsection and any other monies that may be appropriated to or deposited into the Fund. Balances in the Nuclear Regulatory Fund shall be expended solely for the purposes set forth in this section and shall not be used for the general obligations of government. All balances in the Fund at the end of any fiscal year shall be carried forward and remain part of the Fund, and interest earned by the Fund shall be deposited in the Fund. The Nuclear Regulatory Fund is established in the State Treasury pursuant to 32 V.S.A. chapter 7, subchapter 5.
   5. Any person having a license immediately before the effective date of an agreement under subsection (a) of this section from the federal government or agreement state relating to by-product material, source material, or special nuclear material and which on the effective date of this agreement is subject to the control of this State shall be considered to have a like license with the State of Vermont until the expiration date specified in the license from the federal government or agreement state or until the end of the 90th day after the person receives notice from the Department that the license will be considered expired.
   6. The Department shall require each person who possesses or uses by-product, source, or special nuclear materials to maintain records relating to the receipt, storage, transfer, or disposal of such materials and such other records as the Department may require subject to such exemptions as may be provided by rule.
   7. Violations:
      1. A person shall not use, manufacture, produce, transport, transfer, receive, acquire, own, or possess any by-product, source, or special nuclear material unless licensed by or registered with the Department in accordance with the provisions of this chapter or rules adopted under this chapter.
      2. The Department shall have the authority in the event of an emergency to impound or order the impounding of by-product, source, and special nuclear materials in the possession of any person who is not equipped to observe or fails to observe the provisions of this chapter or any rules adopted under this chapter.
   8. The provisions of this section relating to the control of by-product, source, and special nuclear materials shall become effective on the effective date of an agreement between the federal government and this State as provided in subsection (a) of this section.
3. This section does not confer authority to regulate materials or activities reserved to the NRC under 42 U.S.C. § 2021(c) and 10 C.F.R. Part 150.

   Added 1967, No. 27 , § 3; amended 2015, No. 82 (Adj. Sess.), § 1.

§ 1654. Inspection.

The Department or its duly authorized representatives may enter at all reasonable times upon any private or public property for the purpose of determining whether or not there is compliance with or violation of this chapter and rules and regulations issued thereunder, except that entry into areas under the jurisdiction of the federal government shall be made only with the concurrence of the federal government or its duly designated representative.

Added 1967, No. 27 , § 4; amended 2015, No. 82 (Adj. Sess.), § 1.

§ 1655. Hearings and judicial review.

1. In any proceeding under this chapter for the issuance or modification of rules relating to control of by-products, source, and special nuclear materials; or for granting, suspending, revoking, or amending any license; or for determining compliance with or granting exemptions from rules and regulations of the Department, the Department shall hold a public hearing upon the request of any person whose interest may be affected by the proceeding, and shall admit any such person as a party to the proceeding, subject to the emergency provisions in subsection (b) of this section.
2. Whenever the Department finds that an emergency exists requiring immediate action to protect the public health and safety, the Department may, without notice or hearing, issue an order reciting the existence of the emergency and requiring that such action be taken as is necessary to meet it. Notwithstanding any contrary provision of this chapter, the order shall be effective immediately. Any person to whom the order is directed shall comply with the order immediately, but on application to the Department shall be afforded a hearing within ten days. On the basis of the hearing, the emergency order shall be continued, modified, or revoked within ten days after the hearing.
3. Any final order entered in any proceeding under subsections (a) and (b) of this section shall be subject to judicial review in the Civil Division of the Superior Court.

   Added 1967, No. 27 , § 5; amended 1997, No. 161 (Adj. Sess.), § 11, eff. Jan. 1, 1998; 2015, No. 82 (Adj. Sess.), § 1.

§ 1656. Injunction proceedings.

Whenever, in the judgment of the Department, any person has engaged in or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of this chapter, or any rule issued thereunder, the Attorney General shall make application to the appropriate court for an order enjoining such acts or practices, or for an order directing compliance, and upon a showing by the Department that such person has engaged or is about to engage in any such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted.

Added 1967, No. 27 , § 6; amended 2015, No. 82 (Adj. Sess.), § 1.

§ 1657. Penalties.

Any person who violates this chapter or rules in effect pursuant thereto shall, upon conviction thereof, be imprisoned not more than six months or fined not more than $500.00 or less than $100.00, or be both imprisoned and fined.

Added 1967, No. 27 , § 7.

§ 1658. Repealed. 1977, No. 83, § 5.

§ 1661. Definitions. Section 1661 effective July 1, 2022.

As used in this chapter:

1. "Class B firefighting foam" means chemical foams designed for flammable liquid fires.
2. "Intentionally added" means the addition of a chemical in a product that serves an intended function in the product component.
3. "Manufacturer" means any person, firm, association, partnership, corporation, organization, joint venture, importer, or domestic distributor of firefighting agents or equipment. As used in this subsection, "importer" means the owner of the product.
4. "Municipality" means any city, town, incorporated village, town fire district, or other political subdivision that provides firefighting services pursuant to general law or municipal charter.
5. "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
6. "Personal protective equipment" means clothing designed, intended, or marketed to be worn by firefighting personnel in the performance of their duties, designed with the intent for use in fire and rescue activities, and includes jackets, pants, shoes, gloves, helmets, and respiratory equipment.
7. "Terminal" means an establishment primarily engaged in the wholesale distribution of crude petroleum and petroleum products, including liquefied petroleum gas from bulk liquid storage facilities.

   Added 2021, No. 36 , § 1, eff. July 1, 2022.

§ 1662. Prohibition of certain class B firefighting foam. Section 1662 effective July 1, 2022.

A person, municipality, or State agency shall not discharge or otherwise use for training or testing purposes class B firefighting foam that contains intentionally added PFAS.

Added 2021, No. 36 , § 1, eff. July 1, 2022.

§ 1663. Restriction on manufacture, sale, and distribution; exceptions. Section 1663 effective July 1, 2022.

1. 1. Unless otherwise required under federal law, but not later than October 1, 2023, a manufacturer of class B firefighting foam shall not manufacture, sell, offer for sale, or distribute for sale or use in this State class B firefighting foam to which PFAS have been intentionally added. (a) (1)  Unless otherwise required under federal law, but not later than October 1, 2023, a manufacturer of class B firefighting foam shall not manufacture, sell, offer for sale, or distribute for sale or use in this State class B firefighting foam to which PFAS have been intentionally added.
   2. Notwithstanding subdivision (1) of this subsection, the restriction on the manufacture, sale, offer for sale, or distribution of class B firefighting foam containing intentionally added PFAS for use at a terminal shall not apply until January 1, 2024.
2. A person operating a terminal after January 1, 2024, and who seeks to purchase class B firefighting foam containing intentionally added PFAS for the purpose of fighting emergency class B fires, may apply to the Department of Environmental Conservation for a temporary exemption from the restrictions on the manufacture, sale, offer for sale, or distribution of class B firefighting foam for use at a terminal. An exemption shall not exceed one year. The Department of Environmental Conservation, in consultation with the Department of Health, may grant an exemption under this subsection if the applicant provides:
   1. clear and convincing evidence that there is not a commercially available alternative that:
      1. does not contain intentionally added PFAS; and
      2. is capable of suppressing a large atmospheric tank fire or emergency class B fire at the terminal;
   2. information on the amount of class B firefighting foam containing intentionally added PFAS that is annually stored, used, or released at the terminal;
   3. a report on the progress being made by the applicant to transition at the terminal to class B firefighting foam that does not contain intentionally added PFAS; and
   4. an explanation of how:
      1. all releases of class B firefighting foam containing intentionally added PFAS shall be fully contained at the terminal; and
      2. existing containment measures prevent firewater, wastewater, runoff, and other wastes from being released into the environment, including into soil, groundwater, waterways, and stormwater.
3. Nothing in this section shall prohibit a terminal from providing class B firefighting foam in the form of aid to another terminal in the event of a class B fire.

   Added 2021, No. 36 , § 1, eff. July 1, 2022.

§ 1664. Sale of personal protective equipment containing PFAS. Section 1664 effective July 1, 2022.

1. A manufacturer or other person that sells firefighting equipment to any person, municipality, or State agency shall provide written notice to the purchaser at the time of sale, citing to this chapter, if the personal protective equipment contains PFAS. The written notice shall include a statement that the personal protective equipment contains PFAS and the reason PFAS are added to the equipment.
2. The manufacturer or person selling personal protective equipment and the purchaser of the personal protective equipment shall retain the notice for at least three years from the date of the transaction.

   Added 2021, No. 36 , § 1, eff. July 1, 2022.

§ 1665. Notification; recall of prohibited products. Section 1665 effective July 1, 2022.

1. A manufacturer of class B firefighting foam containing intentionally added PFAS shall provide written notice to persons that sell the manufacturer's products in this State about the restrictions imposed by this chapter not less than one year prior to the effective date of the restrictions.
2. Unless a class B firefighting foam containing intentionally added PFAS is intended for use at a terminal, and if after January 1, 2024, the person operating a terminal holds a temporary exemption pursuant to subsection (b) of section 1663 of this title, a manufacturer that produces, sells, or distributes a class B firefighting foam containing intentionally added PFAS shall:
   1. recall the product and reimburse the retailer or any other purchaser for the product; and
   2. issue either a press release or notice on the manufacturer's website describing the product recall and reimbursement requirement established in this subsection.

      Added 2021, No. 36 , § 1, eff. July 1, 2022.

§ 1666. Certificate of compliance. Section 1666 effective July 1, 2022.

The Attorney General may request a certificate of compliance from a manufacturer of class B firefighting foam or firefighting personal protective equipment. Within 30 days after receipt of the Attorney General's request for a certificate of compliance, the manufacturer shall:

1. provide the Attorney General with a certificate attesting that the manufacturer's product or products comply with the requirements of this chapter; or
2. notify persons who are selling a product of the manufacturer's in this State that the sale is prohibited because the product does not comply with this chapter and submit to the Attorney General a list of the names and addresses of those persons notified.

   Added 2021, No. 36 , § 1, eff. July 1, 2022.

§ 1667. Penalties. Section 1667 effective July 1, 2022.

1. A violation of this chapter shall be deemed a violation of the Consumer Protection Act, 9 V.S.A. chapter 63. The Attorney General has the same authority to make rules, conduct civil investigations, enter into assurances of discontinuance, and bring civil actions, and private parties have the same rights and remedies as provided under 9 V.S.A. chapter 63, subchapter 1.
2. Nothing in this section shall be construed to preclude or supplant any other statutory or common law remedies.

   Added 2021, No. 36 , § 1, eff. July 1, 2022.

§ 1671. Repealed. 1971, No. 184 (Adj. Sess.), § 31, eff. March 29, 1972.

§ 1671. Definitions. Section 1671 effective July 1, 2023.

As used in this chapter:

1. "Bisphenols" means any member of a class of industrial chemicals that contain two hydroxyphenyl groups. Bisphenols are used primarily in the manufacture of polycarbonate plastic and epoxy resins.
2. "Department" means the Department of Health.
3. "Food package" or "food packaging" means a package or packaging component that is intended for direct food contact.
4. "Intentionally added" means the addition of a chemical in a product that serves an intended function in the product component.
5. "Ortho-phthalates" means any member of the class of organic chemicals that are esters of phthalic acid containing two carbon chains located in the ortho position.
6. "Package" means a container providing a means of marketing, protecting, or handling a product and shall include a unit package, an intermediate package, and a shipping container. "Package" also means unsealed receptacles, such as carrying cases, crates, cups, pails, rigid foil and other trays, wrappers and wrapping films, bags, and tubs.
7. "Packaging component" means an individual assembled part of a package, such as any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks, and labels, and disposable gloves used in commercial or institutional food service.
8. "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" has the same meaning as in section 1661 of this title.

   Added 2021, No. 36 , § 2, eff. July 1, 2023.

§ 1672. Food packaging. Section 1672 effective July 1, 2023.

1. A manufacturer, supplier, or distributor shall not manufacture, sell, offer for sale, distribute for sale, or distribute for use in this State a food package to which PFAS have been intentionally added and are present in any amount.
2. 1. Pursuant to 3 V.S.A. chapter 25, the Department may adopt rules prohibiting a manufacturer, supplier, or distributor from selling or offering for sale or for promotional distribution a food package or the packaging component of a food package to which bisphenols have been intentionally added and are present in any amount. The Department may exempt specific chemicals within the bisphenol class when clear and convincing evidence suggests they are not endocrine-active or otherwise toxic. (b) (1)  Pursuant to 3 V.S.A. chapter 25, the Department may adopt rules prohibiting a manufacturer, supplier, or distributor from selling or offering for sale or for promotional distribution a food package or the packaging component of a food package to which bisphenols have been intentionally added and are present in any amount. The Department may exempt specific chemicals within the bisphenol class when clear and convincing evidence suggests they are not endocrine-active or otherwise toxic.
   2. The Department may only prohibit a manufacturer, supplier, or distributor from selling or offering for sale or for promotional distribution a food package or the packaging component of a food package in accordance with this subsection if the Department or at least one other state has determined that a safer alternative is readily available in sufficient quantity and at a comparable cost and that the safer alternative performs as well as or better than bisphenols in a specific application of bisphenols to a food package or the packaging component of a food package.
   3. If the Department prohibits a manufacturer, supplier, or distributor from selling or offering for sale or for promotional distribution a food package or the packaging component of a food package in accordance with this subsection, the prohibition shall not take effect until two years after the Department adopts the rules.
3. A manufacturer, supplier, or distributor shall not manufacture, sell, offer for sale, distribute for sale, or distribute for use in this State a food package that includes inks, dyes, pigments, adhesives, stabilizers, coatings, plasticizers, or any other additives to which ortho-phthalates have been intentionally added and are present in any amount.
4. This section shall not apply to the sale or resale of used products.

   Added 2021, No. 36 , § 2, eff. July 1, 2023.

§ 1673. Certificate of compliance. Section 1673 effective July 1, 2023.

The Attorney General may request a certificate of compliance from a manufacturer of food packaging. Within 30 days after receipt of the Attorney General's request for a certificate of compliance, the manufacturer shall:

1. provide the Attorney General with a certificate attesting that the manufacturer's product or products comply with the requirements of this chapter; or
2. notify persons who are selling a product of the manufacturer's in this State that the sale is prohibited because the product does not comply with this chapter and submit to the Attorney General a list of the names and addresses of those persons notified.

   Added 2021, No. 36 , § 2, eff. July 1, 2023.

§ 1674. Rulemaking. Section 1674 effective July 1, 2023.

Pursuant to 3 V.S.A. chapter 25, the Commissioner of Health shall adopt any rules necessary for the implementation, administration, and enforcement of this chapter.

Added 2021, No. 36 , § 2, eff. July 1, 2023.

§ 1675. Penalties. Section 1675 effective July 1, 2023.

1. A violation of this chapter shall be deemed a violation of the Consumer Protection Act, 9 V.S.A. chapter 63. The Attorney General has the same authority to make rules, conduct civil investigations, enter into assurances of discontinuance, and bring civil actions, and private parties have the same rights and remedies as provided under 9 V.S.A. chapter 63, subchapter 1.
2. Nothing in this section shall be construed to preclude or supplant any other statutory or common law remedies.

   Added 2021, No. 36 , § 2, eff. July 1, 2023.

§ 1681. Definitions. Section 1681 effective July 1, 2023.

As used in this chapter:

1. "Aftermarket stain and water resistant treatments" means treatments for textile and leather consumer products used in residential settings that have been treated during the manufacturing process for stain, oil, and water resistance but excludes products marketed or sold exclusively for use at industrial facilities during the manufacture of a carpet, rug, clothing, or shoe.
2. "Department" means the Department of Health.
3. "Intentionally added" means the addition of a chemical in a product that serves an intended function in the product component.
4. "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" has the same meaning as in section 1661 of this title.
5. "Rug or carpet" means a thick fabric used to cover floors.

   Added 2021, No. 36 , § 3, eff. July 1, 2023.

§ 1682. Rugs and carpets. Section 1682 effective July 1, 2023.

1. A manufacturer, supplier, or distributor shall not manufacture, sell, offer for sale, distribute for sale, or distribute for use in this State a residential rug or carpet to which PFAS have been intentionally added in any amount.
2. This section shall not apply to the sale or resale of used products.

   Added 2021, No. 36 , § 3, eff. July 1, 2023.

§ 1683. Aftermarket stain and water resistant treatments. Section 1683 effective July 1, 2023.

1. A manufacturer, supplier, or distributor shall not manufacture, sell, offer for sale, distribute for sale, or distribute for use in this State aftermarket stain and water resistant treatments for rugs or carpets to which PFAS have been intentionally added in any amount.
2. This section shall not apply to the sale or resale of used products.

   Added 2021, No. 36 , § 3, eff. July 1, 2023.

§ 1684. Certificate of compliance. Section 1684 effective July 1, 2023.

The Attorney General may request a certificate of compliance from a manufacturer of rugs, carpets, or aftermarket stain and water resistant treatments. Within 30 days after receipt of the Attorney General's request for a certificate of compliance, the manufacturer shall:

1. provide the Attorney General with a certificate attesting that the manufacturer's product or products comply with the requirements of this chapter; or
2. notify persons who are selling a product of the manufacturer's in this State that the sale is prohibited because the product does not comply with this chapter and submit to the Attorney General a list of the names and addresses of those persons notified.

   Added 2021, No. 36 , § 3, eff. July 1, 2023.

§ 1685. Rulemaking. Section 1685 effective July 1, 2023.

Pursuant to 3 V.S.A. chapter 25, the Commissioner shall adopt any rules necessary for the implementation, administration, and enforcement of this chapter.

Added 2021, No. 36 , § 3, eff. July 1, 2023.

§ 1686. Penalties. Section 1686 effective July 1, 2023.

1. A violation of this chapter shall be deemed a violation of the Consumer Protection Act, 9 V.S.A. chapter 63. The Attorney General has the same authority to make rules, conduct civil investigations, enter into assurances of discontinuance, and bring civil actions, and private parties have the same rights and remedies as provided under 9 V.S.A. chapter 63, subchapter 1.
2. Nothing in this section shall be construed to preclude or supplant any other statutory or common law remedies.

   Added 2021, No. 36 , § 3, eff. July 1, 2023.

§ 1691. Definitions. Section 1691 effective July 1, 2023.

As used in this chapter:

1. "Department" means the Department of Health.
2. "Intentionally added" means the addition of a chemical in a product that serves an intended function in the product component.
3. "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" has the same meaning as in section 1661 of this title.
4. "Ski wax" means a lubricant applied to the bottom of snow runners, including skis and snowboards, to improve their grip and glide properties.

   Added 2021, No. 36 , § 4, eff. July 1, 2023.

§ 1692. Ski wax. Section 1692 effective July 1, 2023.

1. A manufacturer, supplier, or distributor shall not manufacture, sell, offer for sale, distribute for sale, or distribute for use in this State ski wax or related tuning products to which PFAS have been intentionally added in any amount.
2. This section shall not apply to the sale or resale of used products.

   Added 2021, No. 36 , § 4, eff. July 1, 2023.

§ 1693. Certificate of compliance. Section 1693 effective July 1, 2023.

The Attorney General may request a certificate of compliance from a manufacturer of ski wax. Within 30 days after receipt of the Attorney General's request for a certificate of compliance, the manufacturer shall:

1. provide the Attorney General with a certificate attesting that the manufacturer's product or products comply with the requirements of this chapter; or
2. notify persons who are selling a product of the manufacturer's in this State that the sale is prohibited because the product does not comply with this chapter and submit to the Attorney General a list of the names and addresses of those persons notified.

   Added 2021, No. 36 , § 4, eff. July 1, 2023.

§ 1694. Rulemaking. Section 1694 effective July 1, 2023.

Pursuant to 3 V.S.A. chapter 25, the Commissioner shall adopt any rules necessary for the implementation, administration, and enforcement of this chapter.

Added 2021, No. 36 , § 4, eff. July 1, 2023.

§ 1695. Penalties. Section 1695 effective July 1, 2023.

1. A violation of this chapter shall be deemed a violation of the Consumer Protection Act, 9 V.S.A. chapter 63. The Attorney General has the same authority to make rules, conduct civil investigations, enter into assurances of discontinuance, and bring civil actions, and private parties have the same rights and remedies as provided under 9 V.S.A. chapter 63, subchapter 1.
2. Nothing in this section shall be construed to preclude or supplant any other statutory or common law remedies.

   Added 2021, No. 36 , § 4, eff. July 1, 2023.

§ 1700. Creation; membership; officers; quorum.

1. There is created the Nuclear Decommissioning Citizens Advisory Panel that shall consist of the following:
   1. The Secretary of Human Services, ex officio, or designee.
   2. The Secretary of Natural Resources, ex officio, or designee.
   3. The Commissioner of Public Service, ex officio, or designee.
   4. The Secretary of Commerce and Community Development, ex officio, or designee.
   5. One member of the House Committee on Energy and Technology, chosen by the Speaker of the House.
   6. One member of the Senate Committee on Natural Resources and Energy, chosen by the Committee on Committees.
   7. One representative of the Windham Regional Commission or designee, selected by the Regional Commission.
   8. Two representatives of the Town of Vernon or designees, selected by the legislative body of that town.
   9. Six members of the public, two each selected by the Governor, the Speaker of the House, and the President Pro Tempore of the Senate. Under this subdivision, each appointing authority initially shall appoint a member for a three-year term and a member for a four-year term. Subsequent appointments under this subdivision shall be for terms of four years.
   10. Two representatives of the owners of the Vermont Yankee site.
   11. One optional member who will represent collectively the Towns of Chesterfield, Hinsdale, Richmond, Swanzey, and Winchester, New Hampshire, when selected by the Governor of New Hampshire at the invitation of the Commissioner of Public Service.
   12. One optional member who will represent collectively the Towns of Bernardston, Colrain, Gill, Greenfield, Leyden, Northfield, and Warwick, Massachusetts, when selected by the Governor of Massachusetts at the invitation of the Commissioner of Public Service.
2. Ex officio members shall serve for the duration of their time in office or until a successor has been appointed. Members of the General Assembly shall be appointed for two years or until their successors are appointed, beginning on or before January 15 in the first year of the biennium. Representatives designated by ex officio members shall serve at the direction of the designating authority.
3. The Commissioner of Public Service shall serve as the Chair until the Panel elects a chair or co-chairs under subsection (d) of this section.
4. The Panel annually shall elect a chair or co-chairs, and a vice chair, for one-year terms commencing with its first meeting following the effective date of this section.
5. A majority of the Panel's members shall constitute a quorum. The Panel shall act only by vote of a majority of its entire membership and only at meetings called by the Chair or Co-Chair or by any five of the members. The person or persons calling the meeting shall provide adequate notice to all its members.
6. Members of the panel who are not ex officio members, employees of the State of Vermont, representatives of the owners of the Vermont Yankee site, or members representing towns outside Vermont, and who are not otherwise compensated or reimbursed for their attendance, shall be entitled to $50.00 per diem and their necessary and actual expenses. Funds for this purpose shall come from the monies collected under 30 V.S.A. § 22 for the purpose of maintaining the Department of Public Service. Legislative members shall not be entitled to a per diem under this section for meetings while the General Assembly is in session.
7. The Commissioner of Public Service shall:
   1. manage the provision of administrative support to the Panel, including scheduling meetings and securing meeting locations, providing public notice of meetings, producing minutes of meetings, and assisting in the compilation and production of the Panel's annual report described in section 1701 of this title;
   2. keep the Panel informed of the status of matters within the jurisdiction of the Panel;
   3. notify members of the Panel in a timely manner upon receipt of information relating to matters within the jurisdiction of the Panel;
   4. upon request, provide to all members of the Panel all relevant information within the control of the Department of Public Service relating to subjects within the scope of the duties of the Panel;
   5. provide workshops or training for Panel members as may be appropriate; and
   6. hire experts, contract for services, and provide for materials and other reasonable and necessary expenses of the Panel as the Commissioner may consider appropriate on request of the Panel from time to time. Funds for this purpose shall come from the owners of the Vermont Yankee site as the Commissioner of Public Service may consider appropriate, not to exceed $35,000.00 annually. The obligation to support the Panel's activities shall cease upon the submission of the application for Partial License Termination by the owners of the Vermont Yankee site to the U.S. Nuclear Regulatory Commission. On or before June 30 annually, the Commissioner of Public Service shall render to the owners of the Vermont Yankee site a statement detailing the amount of money expended or contracted for under this subdivision (6), which shall be paid within 30 days by the owners of the Vermont Yankee site into the special fund established pursuant to 30 V.S.A. § 22 for the purpose of maintaining the Department of Public Service and Public Utility Commission. The funds paid into the special fund by the owners of the Vermont Yankee site shall be paid solely to the Department. Within 30 days after receiving the statement of funds due, the owners of the Vermont Yankee site may petition the Public Utility Commission for a hearing to review and determine the necessity and reasonableness of such expenses. Following the review, the Public Utility Commission may amend or revise the cost assessments as it deems appropriate.

      Added 1997, No. 147 (Adj. Sess.), § 271, eff. April 29, 1998; amended 2009, No. 135 (Adj. Sess.), § 7; 2013, No. 179 (Adj. Sess.), § E.233, eff. June 9, 2014; 2017, No. 113 (Adj. Sess.), § 63a; 2021, No. 54 , § 13.

§ 1701. Duties.

The Panel shall serve in an advisory capacity only and shall not have authority to direct decommissioning of the Vermont Yankee site. The duties of the Panel shall be:

1. To hold a minimum of three public meetings each year for the purpose of discussing issues relating to the decommissioning of Vermont Yankee. The Panel may hold additional meetings.
2. To advise the Governor, the General Assembly, the agencies of the State, and the public on issues related to the decommissioning of Vermont Yankee, with a written report being provided annually to the Governor and to the energy committees of the General Assembly. The provisions of 2 V.S.A. § 20(d) (expiration of reports) shall not apply to this report.
3. To serve as a conduit for public information and education on and to encourage community involvement in matters related to the decommissioning of Vermont Yankee and to receive written reports and presentations on the decommissioning of the site at its regular meetings.
4. To periodically receive reports, including those required by the Public Utility Commission Docket No. 8880 Order, on the Decommissioning Trust Fund and other funds associated with decommissioning of or site restoration at Vermont Yankee, including fund balances, expenditures made, and reimbursements received.
5. To receive reports and presentations at regular meetings regarding the decommissioning progress and plans for Vermont Yankee, including any site assessments and post-shutdown decommissioning assessment reports; provide a forum for receiving public comment on these plans and reports; and provide comment on these plans and reports as the Panel may consider appropriate to State agencies and the owner of Vermont Yankee and in the annual report described in subdivision (2) of this subsection.

   Added 1997, No. 147 (Adj. Sess.), § 271, eff. April 29, 1998; amended 2009, No. 135 (Adj. Sess.), § 8; 2013, No. 179 (Adj. Sess.), § E.233, eff. June 9, 2014; 2021, No. 54 , § 14.

§ 1702. Assistance.

The Department of Public Service, the Agency of Human Services, and the Agency of Natural Resources shall furnish administrative support to the Panel, with assistance from the owners of the Vermont Yankee site as the Commissioner of Public Service may consider appropriate.

Added 1997, No. 147 (Adj. Sess.), § 271, eff. April 29, 1998; amended 2013, No. 179 (Adj. Sess.), § E.233, eff. June 9, 2014; 2021, No. 54 , § 15.

§§ 1721-1731. Repealed. 1993, No. 194 (Adj. Sess.), § 13(b), eff. June 14, 1994.

§ 1741. Definitions.

As used in this chapter:

1. "Tobacco products" shall have the meaning given in 7 V.S.A. § 1001 .
2. "A place of public access" means any place of business, commerce, banking, financial service, or other service-related activity, whether publicly or privately owned and whether operated for profit or not, to which the general public has access or which the general public uses. The term includes:
   1. buildings;
   2. offices;
   3. means of transportation;
   4. common carrier waiting rooms;
   5. arcades;
   6. restaurants, bars, and cabarets;
   7. retail stores;
   8. grocery stores;
   9. libraries;
   10. theaters, concert halls, auditoriums, and arenas;
   11. barber shops and hair salons;
   12. laundromats;
   13. shopping malls;
   14. museums and art galleries;
   15. sports and fitness facilities;
   16. planetariums;
   17. historical sites;
   18. common areas of nursing homes and hospitals, including the lobbies, hallways, elevators, restaurants, restrooms, and cafeterias; and
   19. buildings or facilities owned or operated by a social, fraternal, or religious club.
3. "Hospital" means a place devoted primarily to the maintenance and operation of diagnostic and therapeutic facilities for inpatient medical or surgical care of individuals suffering from illness, disease, injury, or deformity, or for obstetrics.
4. "Publicly owned buildings and offices" means enclosed indoor places or portions of such places owned, leased, or rented by State, county, or municipal governments, or by agencies supported by appropriation of, or by contracts or grants from, funds derived from the collection of federal, State, county, or municipal taxes.
5. "Tobacco substitutes" shall have the same meaning as in 7 V.S.A. § 1001 .

   Added 1993, No. 46 , § 2; amended 2005, No. 34 , § 1, eff. Sept. 1, 2005; 2013, No. 135 (Adj. Sess.), § 2; 2015, No. 108 (Adj. Sess.), § 3.

§ 1742. Restrictions on smoking in public places.

1. The possession of lighted tobacco products or use of tobacco substitutes in any form is prohibited in:
   1. the common areas of all enclosed indoor places of public access and publicly owned buildings and offices;
   2. all enclosed indoor places in lodging establishments used for transient traveling or public vacationing, such as resorts, hotels, and motels, including sleeping quarters and adjoining rooms rented to guests;
   3. designated smoke-free areas of property or grounds owned by or leased to the State or a municipality; and
   4. any other area within 25 feet of State-owned buildings and offices, except that to the extent that any portion of the 25-foot zone is not on State property, smoking is prohibited only in that portion of the zone that is on State property unless the owner of the adjoining property chooses to designate his or her property smoke-free.
2. The possession of lighted tobacco products or use of tobacco substitutes in any form is prohibited on the grounds of any hospital or secure residential recovery facility owned or operated by the State, including all enclosed places in the hospital or facility and the surrounding outdoor property.
3. Nothing in this section shall be construed to restrict the ability of residents of the Vermont Veterans' Home to possess lighted tobacco products or use tobacco substitutes in the indoor area of the facility in which smoking is permitted.
4. Nothing in this chapter shall be construed to prohibit the use of tobacco substitutes in a business that does not sell food or beverages but is established for the sole purpose of providing a setting for patrons to purchase and use tobacco substitutes and related paraphernalia.

   Added 1993, No. 46 , § 2; amended 2013, No. 135 (Adj. Sess.), § 3; 2015, No. 108 (Adj. Sess.), § 4; 2017, No. 130 (Adj. Sess.), § 8.

§ 1743. Exceptions.

The restrictions in this chapter on possession of lighted tobacco products and use of tobacco substitutes do not apply to areas not commonly open to the public of owner-operated businesses with no employees.

Added 1993, No. 46 , § 2; amended 2005, No. 34 , § 2, eff. Sept. 1, 2005; 2009, No. 32 , § 3; 2015, No. 108 (Adj. Sess.), § 5.

§ 1744. Repealed. 2005, No. 34, § 3, eff. Sept. 1, 2005.

§ 1745. Enforcement.

A proprietor, or the agent or employee of a proprietor, who observes a person in possession of lighted tobacco products or using tobacco substitutes in apparent violation of this chapter shall ask the person to extinguish all lighted tobacco products or cease using the tobacco substitutes. If the person persists in the possession of lighted tobacco products or use of tobacco substitutes, the proprietor, agent, or employee shall ask the person to leave the premises.

Added 1993, No. 46 , § 2; amended 2015, No. 108 (Adj. Sess.), § 6.

§ 1746. Municipal ordinances.

Nothing in this chapter shall be construed to supersede or in any manner affect a municipal smoking ordinance, provided that the provisions of such ordinance are at least as protective of the rights of nonsmokers as the provisions of this chapter.

Added 1993, No. 46 , § 2.

§ 1751. Definitions. Section 1751 effective until occurrence of contingency; see also contingent amendment to section 1751 set out below.

1. Words and phrases used in this chapter have the same definitions as provided in the Federal Residential Lead-Based Paint Hazard Reduction Act of 1992 unless there is an inconsistency, in which case any definition provided in this section that narrows, limits, or restricts shall control.
2. As used in this chapter:
   1. "Abatement" means any set of measures designed to permanently eliminate lead-based paint hazards in accordance with standards established by appropriate State and federal agencies. The term includes:
      1. removal of lead-based paint and lead-contaminated dust, permanent containment or encapsulation of lead-based paint, replacement of lead-painted surfaces or fixtures, and removal or covering of lead-contaminated soil;
      2. all preparation, cleanup, disposal, and post-abatement clearance testing activities associated with such measures.
   2. "Child" or "children" means an individual or individuals under the age of 18 years, except where specified as a child or children six years of age or younger.
   3. "Child care facility" means a child care facility or family child care home as defined in 33 V.S.A. § 3511 that was constructed prior to 1978.
   4. "Deteriorated paint" means any interior or exterior lead-based paint or other coating that is peeling, chipping, chalking, or cracking or any paint or other coating located on an interior or exterior surface or fixture that is otherwise damaged or separated from the substrate.
   5. "Due date" means the date by which an owner of rental target housing or a child care facility shall file with the Department the EMP compliance statement required by section 1759 of this title. The due date shall be one of the following:
      1. not later than 366 days after the most recent EMP compliance statement or EMP affidavit was received by the Department;
      2. within 60 days after the closing of the purchase of the property if no EMP compliance statement was filed with the Department within the past 12 months;
      3. any other date agreed to by the owner and the Department;
      4. any other date set by the Department.
   6. "Dwelling" means any residential unit, including attached structures such as porches and stoops, used as the home or residence of one or more persons.
   7. "Elevated blood lead level" means having a blood lead level of at least five micrograms per deciliter of human blood, or a lower threshold as determined by the Commissioner.
   8. "EMP" means essential maintenance practices required by section 1759 of this title.
   9. "Independent dust clearance" means a visual examination and collection of dust samples, by a lead inspector or lead risk assessor who has no financial interest in either the work being performed or the property to be inspected, and is independent of both the persons performing the work and the owner of the property. The lead inspector or lead risk assessor shall use methods specified by the Department and analysis by an accredited laboratory to determine that lead exposures do not exceed limits set by the Department utilizing current information from the U.S. Environmental Protection Agency or the U.S. Department of Housing and Urban Development.
   10. "Inspection" means a surface-by-surface investigation to determine the presence of lead-based paint and other lead hazards and the provision of a report explaining the results of the investigation.
   11. "Interim controls" means a set of measures designed to temporarily reduce human exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards, and the establishment of management and resident education programs.
   12. "Lead-based paint" means paint or other surface coatings that contain lead in excess of limits established under section 302(c) of the Federal Lead-Based Paint Poisoning Prevention Act.
   13. "Lead contractor" means any person employing one or more individuals licensed by the Department under this chapter.
   14. "Lead abatement worker" means any individual who has satisfactorily completed an accredited training program approved by the Department and has a current license issued by the Department to perform abatements.
   15. "Lead designer" means any individual who has satisfactorily completed an accredited training program approved by the Department and has a current license issued by the Department to prepare lead abatement project designs, occupant protection plans, and abatement reports.
   16. "Lead hazard" means any condition that causes exposure to lead inside and in the immediate vicinity of target housing from water, dust, soil, paint, or building materials that would result in adverse human health effects as defined by the Department using current information from the U.S. Environmental Protection Agency or the U.S. Department of Housing and Urban Development.
   17. "Lead inspector" means any individual who has satisfactorily completed an accredited training program approved by the Department and has a current license issued by the Department to conduct inspections.
   18. "Lead risk assessor" means any individual who has satisfactorily completed an accredited training program approved by the Department and has a current license issued by the Department to conduct risk assessments.
   19. "Lead-safe renovator" means any person who has completed a lead-safe training program approved by the Department and has a current registration issued by the Department to perform renovations in target housing or child care facilities in which interior or exterior lead-based paint will be disturbed.
   20. "Lead supervisor" means any individual who has satisfactorily completed an accredited training program approved by the Department and has a current license issued by the Department to supervise and conduct abatement projects and prepare occupant protection plans and abatement reports.
   21. "Occupant" means any person who resides in, or regularly uses, a dwelling, mobile dwelling, or structure.
   22. "Owner" means any person who, alone or jointly or severally with others:
       1. Has legal title to any dwelling or child care facility with or without actual possession of the property.
       2. Has charge, care, or control of any dwelling or child care facility as agent of the guardian of the estate of the owner.
       3. Has charge, care, or control of any dwelling or child care facility as property manager for the owner if the property management contract includes responsibility for any maintenance services, unless the property management contract explicitly states that the property manager will not be responsible for compliance with section 1759 of this title.
       4. Is the Chief Executive Officer of the municipal or State agency that owns, leases, or controls the use of publicly owned target housing or a child care facility.
       5. Is a person who has taken full legal title of a dwelling or child care facility through foreclosure, deed in lieu of foreclosure, or otherwise. "Owner" does not include a person who holds indicia of ownership given by the person in lawful possession for the primary purpose of assuring repayment of a financial obligation. Indicia of ownership includes interests in real or personal property held as security or collateral for repayment of a financial obligation such as a mortgage, lien, security interest, assignment, pledge, surety bond, or guarantee and includes participation rights of a financial institution used for legitimate commercial purposes in making or servicing the loan.
   23. "Rental target housing" means target housing offered for lease or rental under a rental agreement as defined in 9 V.S.A. § 4451 . "Rental target housing" does not include a rented single room located within a dwelling in which the owner of the dwelling resides unless a child six years of age or younger resides in or is expected to reside in that dwelling.
   24. "Risk assessment" means an on-site investigation by a lead risk assessor to determine and report the existence, nature, severity, and location of lead hazards, including information gathering about the age and history of the property and occupancy by children six years of age or younger, visual inspection, limited wipe sampling, or other environmental sampling techniques, other appropriate risk assessment activities and a report on the results of the investigation.
   25. "Screen," "screened," or "screening" relating to blood lead levels, means the initial blood test to determine the presence of lead in a human.
   26. "Target housing" means any dwelling constructed prior to 1978, except any 0-bedroom dwelling or any dwelling located in multiple-unit buildings or projects reserved for the exclusive use of elders or persons with disabilities, unless a child six years of age or younger resides in or is expected to reside in that dwelling. "Target housing" does not include units in a hotel, motel, or other lodging, including condominiums that are rented for transient occupancy for 30 days or less.

       Added 1993, No. 94 , § 3; amended 1995, No. 165 (Adj. Sess.), § 2; 1997, No. 37 , § 1; 2007, No. 172 (Adj. Sess.), § 4; 2007, No. 176 (Adj. Sess.), § 26, eff. July 1, 2008; 2013, No. 96 (Adj. Sess.), § 93; 2013, No. 131 (Adj. Sess.), § 115.

§ 1751. Definitions. Contingent amendment to section 1751 set out below; see also Section 1751 effective until occurrence of contingency set out above.

1. Words and phrases used in this chapter shall have the same meaning as provided in the federal Residential Lead-Based Paint Hazard Reduction Act of 1992 unless there is an inconsistency, in which case any definition provided in this section that narrows, limits, or restricts shall control.
2. As used in this chapter:
   1. "Abatement" means any set of measures designed to eliminate lead hazards permanently in accordance with standards established by appropriate State and federal agencies. The term includes:
      1. removal of lead-based paint and lead-contaminated dust, permanent containment or encapsulation of lead-based paint, replacement of lead-painted surfaces or components, and removal or covering of lead-contaminated soil; and
      2. all preparation, cleanup, disposal and post-abatement clearance testing activities associated with such measures.
   2. "Accredited training program" means a training program that has been approved by the Commissioner of Health to provide training for individuals engaged in lead-based paint activities or RRPM activities. Training program accreditation is issued to a specific training provider who shall receive accreditation for each training discipline that the accredited training program offers as a course.
   3. "Certified" means completion of an accredited training program by an individual.
   4. "Child" or "children" means an individual or individuals under 18 years of age, except where specified as a child or children six years of age or younger.
   5. "Child care facility" means a child care facility or family child care home as defined in 33 V.S.A. § 3511 that was constructed prior to 1978.
   6. "Child-occupied facility" means a building or portion of a building constructed prior to 1978, visited regularly by the same child, six years of age or under, on at least two different days within any week, provided that each day's visit lasts at least three hours and the combined weekly visits last at least six hours and the combined annual visits last at least 60 hours. Child-occupied facilities include child care facilities, preschools, and kindergarten classrooms.
   7. "Commercial facility" means any building constructed for the purposes of commercial or industrial activity and not primarily intended for use by the general public, including office complexes, industrial buildings, warehouses, factories, and storage facilities.
   8. "Component" or "building component" means specific design or structural elements or fixtures of a facility or residential dwelling that are distinguished from each other by form, function, and location. These include interior components such as ceilings; crown moldings; walls; chair rails; doors; door trim; floors; fireplaces; radiators and other heating units; shelves; shelf supports; stair treads; stair risers; stair stringers; newel posts; railing caps; balustrades; windows and trim, including sashes, window heads, jambs, sills, or stools and troughs; built-in cabinets; columns; beams; bathroom vanities; countertops; air conditioners; and exterior components such as painting; roofing; chimneys; flashing; gutters and downspouts; ceilings; soffits; fascias; rake boards; cornerboards; bulkheads; doors and door trim; fences; floors; joists; lattice work; railings and railing caps; siding; handrails; stair risers and treads; stair stringers; columns; windowsills or stools and troughs; casings; sashes and wells; and air conditioners.
   9. "Contractor" means any firm, partnership, association, corporation, sole proprietorship, or other business concern as well as any governmental, religious, or social organization or union that agrees to perform services.
   10. "Deteriorated paint" means any interior or exterior lead-based paint or other coating that is peeling, chipping, chalking, or cracking or any paint or other coating located on an interior or exterior surface or component that is otherwise damaged or separated from the substrate.
   11. "Due date" means the date by which an owner of rental target housing or a child care facility shall file with the Department the RRPM compliance statement required by section 1759 of this title. The due date shall be one of the following:
       1. not later than 365 days after the most recent RRPM compliance statement was received by the Department;
       2. within 60 days after the closing of the purchase of the property if no RRPM compliance statement was filed with the Department within the past 12 months;
       3. any other date agreed to by the owner and the Department; or
       4. any other date set by the Department.

          "Dwelling" means any residential unit, including attached structures such as porches and stoops, used as the home or residence of one or more persons.

          "Elevated blood lead level" means having a blood lead level of at least five micrograms per deciliter of human blood, or a lower threshold as determined by the Commissioner.

          "Facility" means any institutional, commercial, public, private, or industrial structure, installation, or building or private residence and its grounds.

          "Firm" means a company, partnership, corporation, sole proprietorship, or individual doing business; an association or business entity; a State or local government agency; or a nonprofit organization.

          "Independent dust clearance" means a visual examination and collection of dust samples, by a lead-based paint inspector or lead-based paint inspector-risk assessor who has no financial interest in either the work being performed or the property to be inspected and is independent of both the persons performing the work and the owner of the property. The lead-based paint inspector or lead-based paint inspector-risk assessor shall use methods specified by the Department and analysis by an accredited laboratory to determine that lead exposures do not exceed limits set by the Department.

          "Inspection" means a surface-by-surface investigation to determine the presence of lead-based paint and other lead hazards and the provision of a report explaining the results of the investigation.

          "Interim controls" means a set of measures designed temporarily to reduce human exposure or likely exposure to lead hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead hazards or potential hazards, and the establishment of management and resident education programs.

          "Lead-based paint" means paint or other surface coatings that contain lead in an amount:

          equal to 1.0 mg/cm 2 or 0.5 percent by weight or greater;

          lower than that described in subdivision (A) of this subdivision (19) as may be established by the Secretary of the U.S. Department of Housing and Urban Development pursuant to Section 302(c) of the Lead-Based Paint Poisoning Prevention Act; or

          lower than that described in subdivision (A) of this subdivision (19) as may be established by the Administrator of the U.S. Environmental Protection Agency.

          "Lead-based paint abatement supervisor" means any individual who has satisfactorily completed an accredited training program approved by the Commissioner and has a current license issued by the Department to perform abatement work supervision.

          "Lead-based paint abatement worker" means any individual who has satisfactorily completed an accredited training program approved by the Commissioner and has a current license issued by the Department to perform abatement work.

          "Lead-based paint activities" means:

          with regard to target housing or a child care facility: risk assessment, inspection, visual inspection for risk assessment, project design, abatement, visual inspection for clearance, dust clearance after an abatement project, and lab analysis of paint chip or dust wipe samples collected for the purpose of an inspection or risk assessment; and

          with regard to a public facility constructed before 1978, a commercial building, bridge, or other structure: inspection, risk assessment, project design, abatement, de-leading, removal of lead from bridges and other superstructures, visual inspection for clearance, dust clearance after an abatement project, and lab analysis of paint chip or dust wipe samples collected for the purposes of an inspection or risk assessment. As used in this subdivision (B), "de-leading" means activities conducted by a person who offers to eliminate or plan for the elimination of lead-based paint or lead hazards.

          "Lead-based paint contractor" means an entity that employs one or more individuals licensed by the Department under this chapter and has a current license issued by the Department to conduct lead-based paint activities or RRPM activities.

          "Lead-based paint inspector" means an individual who has satisfactorily completed an accredited training program approved by the Commissioner and has a current license issued by the Department to conduct lead-based paint inspections.

          "Lead-based paint inspector-risk assessor" means an individual who has satisfactorily completed an accredited training program approved by the Commissioner and has a current license issued by the Department to conduct lead-based paint inspections and risk assessments.

          "Lead-based paint project designer" means an individual who has satisfactorily completed an accredited training program approved by the Commissioner and has a current license issued by the Department to prepare lead abatement project designs, occupant protection plans, and abatement reports.

          "Lead hazard" means a condition that causes exposure to lead from contaminated dust, lead-contaminated soil, lead-containing coatings, or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects.

          "Lead-safe RRPM supervisor" means an individual who has completed an accredited RRPM training program approved by the Commissioner and, if performing services for compensation, has a current license issued by the Department. This individual is authorized to perform or supervise RRPM activities in target housing or a child-occupied facility in which interior or exterior lead-based paint will be disturbed.

          "License" means the document issued to an individual, entity, or firm indicating that the standards for licensure for each discipline, category of entity, or firm established in this chapter have been met.

          "Licensee" means a person who engages in lead-based paint activities or RRPM activities and has obtained a license to perform such activities for compensation.

          "Maintenance" means work intended to maintain and preserve target housing, a child-occupied facility, a pre-1978 facility, a commercial facility, bridge, or other superstructure. It does not include minor RRPM activities.

          "Minor RRPM activities" means maintenance and repair activities that disturb less than one square foot of painted surface for interior activities or 20 square feet or less of painted surface for exterior activities if the work does not involve window replacement or demolition of painted surface areas. With regard to removing painted components or portions of painted components, the entire surface area removed is the amount of painted surface disturbed. Work, other than emergency renovations, performed in the same room within the same 30-day period shall be considered the same work for the purposes of determining whether the work is a minor RRPM activity.

          "Occupant" means any person who resides in, or regularly uses, a dwelling, mobile dwelling, or structure.

          "Owner" means any person who, alone or jointly or severally with others:

          Has legal title to any dwelling or child care facility with or without actual possession of the property.

          Is the Chief Executive Officer of the municipal or State agency that owns, leases, or controls the use of publicly owned target housing or a child care facility.

          Is a person who has taken full legal title of a dwelling or child care facility through foreclosure, deed in lieu of foreclosure, or otherwise. "Owner" does not include a person who holds indicia of ownership given by the person in lawful possession for the primary purpose of assuring repayment of a financial obligation. Indicia of ownership includes interests in real or personal property held as security or collateral for repayment of a financial obligation such as a mortgage, lien, security interest, assignment, pledge, surety bond, or guarantee and includes participation rights of a financial institution used for legitimate commercial purposes in making or servicing the loan.

          "Owner's representative" means a person who has charge, care, or control of a dwelling or child care facility as property manager, agent, or guardian of the estate.

          "Public facility" means a house of worship; courthouse; jail; municipal room; State or county institution; railroad station; school building; social hall; hotel, restaurant, or building used or rented to boarders or roomers; place of amusement; factory; mill; workshop or building in which persons are employed; building used as a nursery, convalescent home, or home for the aged; tent or outdoor structure used for public assembly; and barn, shed, office building, store, shop, shop other than a workshop, or space where goods are offered for sale, wholesale, or retail. It does not include a family residence registered as a child care facility.

          "Renovation" means the modification of any existing structure or portion of an existing structure that results in the disturbance of a painted surface unless the activity is performed as part of a lead-based paint abatement activity or is a minor RRPM activity. Renovation includes the following when it results in the disturbance of a painted surface: the removal, modification, re-coating, or repair of a painted surface or painted component of a surface; the removal of building components; a weatherization project; and interim controls that disturb painted surfaces. "Renovation" includes the performance of activities for the purpose of converting a building or part of a building into target housing or a child-occupied facility when it results in the disturbance of a painted surface.

          "RRPM" means the Renovation, Repair, Painting, and Maintenance Program that pertains to projects that disturb lead-based paint on target housing and child-occupied facilities.

          "RRPM activities" means lead-safe renovation, repair, painting, and maintenance practices as required by section 1759 of this chapter and as adopted by rule by the Commissioner. It does not include minor RRPM activities.

          "RRPM firm" means a company, partnership, corporation, sole proprietorship, or individual doing business; association; or other business entity that regularly engages in RRPM activities for compensation and that employs or contracts with persons to perform RRPM activities as determined by the Department.

          (41) "Rental target housing" means target housing offered for lease or rental under a rental agreement as defined in 9 V.S.A. § 4451 . "Rental target housing" does not include a rented single room located within a dwelling in which the owner of the dwelling resides unless a child six years of age or younger resides in or is expected to reside in that dwelling. "Rental target housing" shall not include units in a hotel, motel, or other lodging, including condominiums that are rented for transient occupancy for 30 days or less.

          "Repair" means the restoration of paint or other coatings that have been damaged, including the repair of permanent containment around lead-based paint materials in a facility. Repair of previously encapsulated lead-based paint may involve filling damaged areas with non-lead paint substitutes and reencapsulating. It shall not include minor RRPM activities.

          "Risk assessment" means an on-site investigation by a lead-based paint inspector-risk assessor to determine and report the existence, nature, severity, and location of lead hazards, including information gathering about the age and history of the property and occupancy by children six years of age or younger, visual inspection, limited wipe sampling, or other environmental sampling techniques, other appropriate risk assessment activities, and a report on the results of the investigation.

          "Screen," "screened," or "screening" relating to blood lead levels, means the initial blood test to determine the presence of lead in a human.

          "Superstructure" means a large steel or other industrial structure, such as a bridge or water tower, that may contain lead-based paint.

          (46) "Target housing" means any dwelling constructed prior to 1978, except any 0-bedroom dwelling or any dwelling located in multiple-unit buildings or projects reserved for the exclusive use of elders or persons with disabilities, unless a child six years of age or younger resides in or is expected to reside in that dwelling.

          Added 1993, No. 94 , § 3; amended 1995, No. 165 (Adj. Sess.), § 2; 1997, No. 37 , § 1; 2007, No. 172 (Adj. Sess.), § 4; 2007, No. 176 (Adj. Sess.), § 26, eff. July 1, 2008; 2013, No. 96 (Adj. Sess.), § 93; 2013, No. 131 (Adj. Sess.), § 115; 2017, No. 149 (Adj. Sess.), § 2; 2019, No. 4 , § 1.

§ 1752. Accreditation of training programs; certification and licensure of environmental lead inspectors and lead contractors, supervisors, and workers. Section 1752 effective until occurrence of contingency; see also contingent amendment to section 1752 set out below.

1. Not later than six months after promulgation of final federal regulations under section 402 of the Federal Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., the Department shall develop a program to administer and enforce the lead-based paint activities training and certification standards, regulations, or other requirements established by the Administrator of the federal Environmental Protection Agency for persons engaged in lead-based paint activities.
2. The Secretary shall adopt emergency rules, and not later than January 1, 1994, the Secretary shall adopt permanent rules, establishing standards and specifications for the accreditation of training programs both within and outside Vermont, including the mandatory topics of instruction, the knowledge and performance standards that must be demonstrated by graduates in order to be certified, and required qualifications for training programs and instructors. Such standards shall be designed to protect children, their families, and workers from improperly conducted lead-based paint activities, and shall be at least as protective of human health and the environment as the federal program. Hands-on instruction and instruction for identification and proper handling of historic fabric and materials shall be components of the required training.
3. The Commissioner shall certify risk assessors, designers, laboratories, inspectors, lead-safe renovation contractors, lead contractors, supervisors, abatement workers, and other persons engaged in lead-based paint activities when such persons have successfully completed an accredited training program and met such other requirements as the Secretary may, by rule, impose.
4. After the adoption of rules pursuant to subsection (b) of this section, no person shall perform lead-based paint activities without first obtaining a license from the Commissioner. The Commissioner may grant a license to a person who holds a valid license from another state.
5. Nothing in this chapter shall be construed to limit the authority of the Secretary, the Commissioner of Health, the Commissioner of Labor, or the Commissioner of Environmental Conservation under the provisions of any other law.

   Added 1993, No. 94 , § 3; amended 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2007, No. 76 , § 11a.

§ 1752. Accreditation of training programs; individuals, entities, or firms involved in lead-based paint or RRPM activities. Contingent amendments to section 1752; see also section 1752 set out above.

1. The Department shall develop a program to administer and enforce lead-based paint activities and RRPM activities with regard to training and licensing standards, rules, or other requirements established by the Commissioner, which are at least as protective of human health and the environment as the applicable federal programs, for persons engaged in lead-based paint activities and RRPM activities performed on target housing, child-occupied facilities, pre-1978 facilities, commercial facilities, and bridges or other superstructures.
2. The Commissioner shall adopt rules pursuant to 3 V.S.A. chapter 25 establishing standards and specifications for the accreditation of training programs for lead-based paint activities and RRPM activities, including the mandatory topics of instruction, the knowledge and performance standards that must be demonstrated by graduates in order to be certified or licensed, and required accreditation qualifications for training programs and instructors. The standards shall be designed to protect children, their families, and workers from improperly conducted lead-based paint activities and RRPM activities, and shall be at least as protective of human health and the environment as the federal programs. Hands-on instruction and instruction for identification and proper handling of historic fabric and materials shall be components of the required training.
3. The Commissioner shall license consulting contractors, analytical contractors, lead-based paint abatement supervisors, lead-based paint abatement workers, project designers, inspector-risk assessors, RRPM firms, and RRPM supervisors, who have successfully completed an accredited training program and met other requirements as the Commissioner may, by rule, impose.
4. The Commissioner shall certify individuals engaged in RRPM activities for no compensation and who have successfully completed an accredited training program and met all other requirements as the Commissioner may impose by rule.
5. After the adoption of rules pursuant to this section, a person shall not perform lead-based paint activities or RRPM activities for compensation without first obtaining a license from the Commissioner. The Commissioner may grant a license to a person who holds a valid license from another state.
6. Nothing in this chapter shall be construed to limit the authority of the Secretary or the Commissioner of Health, of Labor, or of Environmental Conservation under the provisions of any other law.

   Added 1993, No. 94 , § 3; amended 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2007, No. 76 , § 11a.; 2017, No. 149 (Adj. Sess.), § 2.

§ 1753. Accreditation, registration, certification, and license fees. Section 1753 effective until occurrence of contingency; see also contingent amendment to section 1753 set out below.

1. The Commissioner shall assess fees for accrediting training programs and for certifications, registrations, licenses, and license renewals issued in accordance with this chapter. Fees shall not be imposed on any state or local government or nonprofit training program and may be waived for the purpose of training State employees.
2. Each accredited training program, registrant, and licensee shall be subject to the following fees:
3. Each lead abatement project shall be subject to the following permit fees:
   1. Lead abatement project permit fee                              $50.00.      (2) Lead abatement project permit revision fee                     $25.00.
4. Fees imposed by this section shall be deposited into the Lead Paint Abatement Accreditation and Licensing Special Fund. Monies in the Fund may be used by the Commissioner only to support departmental accreditation, registration, certification, and licensing activities related to this chapter. The Fund shall be subject to the provisions of 32 V.S.A. chapter 7, subchapter 5.

   Added 1993, No. 94 , § 3; amended 1997, No. 155 (Adj. Sess.), § 59, eff. April 29, 1998; 1999, No. 49 , § 189; 2001, No. 65 , § 6; 2007, No. 76 , § 11b; 2007, No. 176 (Adj. Sess.), § 27.

Training courses $480.00 per year Lead contractors $600.00 per year Lead workers $60.00 per year Lead supervisors $120.00 per year Lead inspectors $180.00 per year Lead risk assessors $180.00 per year Lead designers $180.00 per year Laboratories $600.00 per year Lead-safe renovators $50.00 per year

§ 1753. Accreditation, license, permit, notification, registration, and administrative fees. Contingent amendments to section 1753; see also section 1753 set out above.

1. The Commissioner shall assess fees for accrediting training programs, licenses, license renewals, and permits issued in accordance with this chapter. Fees shall not be imposed on any State or local government, agent of the State, or nonprofit training program and may be waived for the purpose of training State employees.
2. Each accredited training program and licensee shall be subject to the following annual fees, except where otherwise noted:
3. Each licensee seeking to complete a lead-based paint abatement project or RRPM activities project involving prohibited or unsafe work practices shall be subject to the following permit fees:
   1. Project permit                                                  $50.00      (2) Project permit revision                                         $25.00
4. Fees imposed by this section and monies collected under section 1766 of this chapter shall be deposited into the Lead-Based Paint Accreditation and Licensing Special Fund. Monies in the Fund may be used by the Commissioner only to support Departmental accreditation, certification, licensing, education, and training activities related to this chapter. The Fund shall be subject to the provisions of 32 V.S.A. chapter 7, subchapter 5.

   Added 1993, No. 94 , § 3; amended 1997, No. 155 (Adj. Sess.), § 59, eff. April 29, 1998; 1999, No. 49 , § 189; 2001, No. 65 , § 6; 2007, No. 76 , § 11b; 2007, No. 176 (Adj. Sess.), § 27; 2017, No. 149 (Adj. Sess.), § 2.

Lead-based paint training courses $480.00 per year Lead-based paint contractor entity license $600.00 per year Lead-based paint abatement supervisor worker license $60.00 per year Lead-based paint abatement supervisor license $120.00 per year Lead-based paint inspector license $180.00 per year Lead-based paint inspector-risk assessor license $180.00 per year Lead-based paint project designer license $180.00 per year Lead-safe RRPM training course accreditation 560.00 initial, $340.00 renewal every four years Lead-safe RRPM firm license $300.00 every five years Lead-safe RRPM supervisor license $50.00 per year

§ 1754. Public education. Section 1754 effective until occurrence of contingency; see also contingent amendment to section 1754 set out below.

1. Beginning January 1, 1994, the Commissioner of Health shall prepare and distribute clear and simple printed materials describing the dangers of lead poisoning, the need for parents to have their child screened, how to have a child tested, and recommended nutrition and housekeeping practices. The Commissioner shall work with persons and organizations involved in occupations that may involve lead-based paint hazards or childhood lead poisoning to distribute the materials to their clients, patients, students, or customers, such as realtors, subcontractors, apartment owners, public housing authorities, pediatricians, family practitioners, nurse clinics, child clinics, other health care providers, child care and preschool operators, and kindergarten teachers. The Commissioner shall also identify those points in time or specific occasions when members of the public are in contact with public agencies and lead might be an issue, such as building permits, home renovations, the WIC program, and programs established under 33 V.S.A. chapters 10, 11, and 12, and make the materials available on these occasions.
2. The Commissioner shall prepare an appropriate media campaign to educate the public on lead poisoning prevention. The Commissioner shall encourage professional property managers, rehab and weatherization contractors, minimum housing inspectors, social workers, and visiting nurses to attend education and awareness workshops.
3. The Commissioner shall develop a program or approve a program, or both, to train owners and managers of rental target housing and child care facilities and their employees to perform essential maintenance practices. The names and addresses of all persons who attend the approved training program shall be maintained as a public record that the Commissioner shall provide to the Department of Housing and Community Development.

   Added 1993, No. 94 , § 3; amended 1995, No. 165 (Adj. Sess.), § 3; 2013, No. 131 (Adj. Sess.), § 116; 2015, No. 97 (Adj. Sess.), § 47.