Title 18, Health

§ 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. 8…

§ 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 indepe…

§ 1121. Immunizations required prior to attending school and child care facilities (a) No person may enroll as a student in a Vermont school, regardless of whether the student has been enrolled in the school during a previous school year, unless the appropriate school official ha…

§ 1122. Exemptions (a) Notwithstanding subsections 1121(a) and (b) of this title, a person may remain in school or in a child care facility without a required immunization: (1) If the person or, in the case of a minor, the person’s parent or guardian presents a form created by th…

§ 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 Chi…

§ 1124. Access to and reporting of immunization records (a) In addition to any data collected in accordance with the requirements of the Centers for Disease Control and Prevention, the Department shall annually collect from schools the immunization rates for at least those studen…

§ 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…

§ 1127. Discrimination and testing prohibited (a) No school district or educational institution shall request or require any applicant, or prospective or current student to have an HIV-related blood test nor shall any school district or educational institution discriminate agains…

§ 1128. Access to health services and testing (a) No health care provider or facility shall request or require any applicant for care or services or any client or patient to have an HIV-related blood test as a condition for receiving unrelated treatment or service nor shall any s…

§ 1129. Immunization registry (a) 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 commen…

§ 1130. Immunization funding [Effective July 1, 2031; see also 18 V.S.A. § 1130 effective until July 1, 2031, set out above] (a) 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 …

§ 1130a. Recommended immunizations [Repealed effective July 1, 2031] (a) The Commissioner shall periodically issue recommendations regarding: (1) which immunizations children and adults are recommended to receive; (2) the age at which each immunization is recommended to be given;…

§ 1131. Vermont Immunization Advisory Council (a) Creation. There is created the Vermont Immunization Advisory Council for the purpose of providing education policy, medical, and epidemiological expertise and advice to the Department with regard to the safety of immunizations and…

§ 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 …

§ 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 (HI…

§ 1141. Communicable disease testing (a) 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 transm…

§ 1221. Municipal water treatment plants If, after public hearing the Commissioner of Health finds that any public water supply is or is likely to be contaminated, or if waters designated as Class A by 10 V.S.A. § 1253 are reclassified by order of the Secretary of Natural Resourc…

§ 1222. Cyanobacteria monitoring and notification (a) As used in this section: (1) “Cyanobacteria” means photosynthetic bacteria that have two photosystems, produce molecular oxygen, and use water as an electron-donating substrate in photosynthesis, including microcystis, anabaen…

§ 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 implem…

§ 1242. Definitions As used in this chapter: (1) “Action level” means four parts per billion (ppb) of lead. (2) “Alternative water source” means: (A) water from an outlet within the building or facility that is below the action level; or (B) containerized, bottled, or packaged dr…

§ 1243. Testing of drinking water (a) 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 Depart…

§ 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…

§ 1245. Record keeping; public notification; database (a) 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 …

§ 1246. Lead remediation plan; guidance; communication (a) 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 pro…

§ 1247. Rulemaking (a) The Commissioner shall adopt rules under this chapter to achieve the purposes of this chapter. (b) On or before November 1, 2020, the Commissioner, with continuing consultation with the Secretary of Natural Resources, the Commissioner for Children and Famil…

§ 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…

§ 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, rem…

§ 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 esta…

§ 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 (a) 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 c…

§ 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 adm…

§ 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 a…

§ 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 f…

§ 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…

§ 1421. Smoking in the workplace; prohibition (a) The possession of lighted tobacco products or use of tobacco substitutes as defined in 7 V.S.A. § 1001 is prohibited in any workplace. (b)(1) As used in this subchapter, “workplace” means an enclosed structure where employees perf…

§ 1426. Enforcement (a) 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. (b) In addition to any other authority provided by law, the Commissioner of Health or a hearing officer desi…

§ 1427. Employee rights (a) 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. (b) Any employee who believes that he or she has been discharged or otherwise …

§ 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…

§ 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, …

§ 1510. Improper possession, use, or sale of glues and hazardous inhalants; penalty (a) 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 followin…

§ 1511. Phthalates (a) 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 …

§ 1512. Bisphenol A (a) 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…

§ 1513. Tanning facilities; minors; penalty (a) 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. …

§ 1551. Definitions As used in this chapter: (1) “Maternal mortality” or “maternal death” means: (A) pregnancy-associated death; (B) pregnancy-related death; or (C) pregnancy-associated but not pregnancy-related death. (2) “Pregnancy-associated death” means the death of a woman w…

§ 1552. Maternal Mortality Review Panel established (a) 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 recomme…