Title 18, Title 18: Health

§ 4254. Reporting a drug overdose; immunity from liability (a) As used in this section: (1) “Drug overdose” means an acute condition resulting from or believed to be resulting from the use of a regulated drug that a layperson would reasonably believe requires medical assistance. …

§ 4256. Overdose prevention centers (a) An overdose prevention center: (1) provides a space, either at a fixed location or a mobile facility, supervised by health care professionals or other trained staff where persons who use drugs can consume preobtained drugs and medication fo…

§ 4257. Prevention and treatment of opioid-related overdoses (a) As used in this section: (1) “Health care professional” means a physician licensed pursuant to 26 V.S.A. chapter 23 or 33, a physician assistant licensed to prescribe and dispense prescription drugs pursuant to 26 V…

§ 4258. Overdose prevention; drug-checking for contaminant detection (a) Notwithstanding any other provision of law, it shall not be a violation of this chapter for an approved drug-checking service provider to receive, possess, transport, or store samples of a substance that may…

§ 4281. Legislative intent The General Assembly recognizes the important public health benefits of the legal medical use of controlled substances and also the significant risk to public health that can arise due to the abuse of those substances. It is the intent of this chapter t…

§ 4282. Definitions As used in this chapter: (1) “Dispenser” means any person who “dispenses” or engages in “dispensing” as those terms are defined in 26 V.S.A. § 2022(5). (2) “Health care provider” means an individual licensed, certified, or authorized by law to provide professi…

§ 4283. Creation; implementation (a) The Department shall maintain an electronic database and reporting system for monitoring Schedules II, III, and IV controlled substances, as defined in 21 C.F.R. Part 1308, as amended and as may be amended, that are dispensed within the State …

§ 4284. Protection and disclosure of information (a) The data collected pursuant to this chapter and all related information and records shall be confidential, except as provided in this chapter, and shall not be subject to the Public Records Act. The Department shall maintain pr…

§ 4285. Immunity A dispenser or health care provider shall be immune from civil, criminal, or administrative liability as a result of any action made in good faith pursuant to and in accordance with this chapter, but nothing in this section shall be construed to establish immunit…

§ 4287. Rulemaking The Department shall adopt rules for the implementation of VPMS as defined in this chapter consistent with 45 C.F.R. Part 164, as amended and as may be amended, that limit the disclosure to the minimum information necessary for purposes of this chapter. (Added …

§ 4288. Reciprocal agreements The Department of Health may enter into reciprocal agreements with other states that have prescription monitoring programs so long as access under such agreement is consistent with the privacy, security, and disclosure protections in this chapter. (A…

§ 4289. Standards and guidelines for health care providers and dispensers (a) Each professional licensing authority for health care providers shall develop evidence-based standards to guide health care providers in the appropriate prescription of Schedules II, III, and IV control…

§ 4290. Replacement prescriptions and medications (a) As used in this section, “replacement prescription” means an unscheduled prescription request in the event that the document on which a patient’s prescription was written or the patient’s prescribed medication is reported to t…

§ 4301. Definitions (a) As used in this chapter: (1) “Bakery” means all buildings, rooms, basements, cellars, lofts, or other premises or part thereof used, occupied, or maintained for the purpose of producing for sale bread, cakes, pies, or other food products made either wholly…

§ 4302. General requirements (a) A person shall not manufacture, prepare, pack, can, bottle, keep, store, handle, serve, or distribute in any manner food for the purpose of sale in an unclean, unsanitary, or unhealthful establishment or under unclean, unsanitary, or unhealthful c…

§ 4303. Rulemaking (a) The Commissioner shall adopt rules pursuant to 3 V.S.A. chapter 25 to establish minimum standards for the safe and sanitary operation of food or lodging establishments or children’s camps or any combination thereof and for their administration and enforceme…

§ 4304. Employees (a) An employer shall not allow a person affected with any contagious, infectious, or other disease or physical ailment that may render employment detrimental to the public health to work in an establishment, and a person so affected shall not work in an establi…

§ 4306. Inspection (a) It shall be the duty of the Commissioner to enforce the provisions of this chapter and of 6 V.S.A. § 3312(d), and he or she shall be permitted to inspect through his or her duly authorized officers, inspectors, agents, or assistants, at all reasonable times…

§ 4307. Hearing; orders When an inspection demonstrates that any establishment is being maintained or operated in violation of the provisions of this chapter or any related rules, the Commissioner shall provide written notice, together with an order commanding both abatement of t…

§ 4309. Penalty A person who violates a provision of this chapter or 6 V.S.A. § 3312(d), for which no other penalty is provided, shall be fined not more than $300.00 for the first offense and, for each subsequent offense, not more than $500.00. (Amended 2007, No. 38, § 8b, eff. M…

§ 4351. License from Department of Health (a) A person shall not operate or maintain a food manufacturing facility, retail food establishment, lodging establishment, children’s camp, seafood vending facility, or any other place in which food is prepared and served, unless he or s…

§ 4352. Application Prior to operating an establishment in which food is prepared and served or in which three or more lodging units are offered to the public, a person shall apply to the Commissioner upon forms supplied by the Department and shall pay a license fee as provided b…

§ 4353. Fees (a) The Commissioner may establish by rule any requirement the Department needs to determine the applicable categories or exemptions for licenses. The following license fees shall be paid annually to the Department at the time of making the application according to t…

§ 4354. Term of license A license shall expire annually on a date established by the Department and shall be renewed upon the payment of a new license fee if the licensee is in good standing with the Department. (Amended 1973, No. 98, § 8, eff. July 1, 1973; 1975, No. 118, § 70, …

§ 4358. Exemptions (a) The provisions of this subchapter shall apply only to those hotels, inns, restaurants, tourist camps, and other places that solicit the patronage of the public by advertising by means of signs, notices, placards, radio, electronic communications, or printed…

§ 4391. Milk to be served in original container A person, firm, or corporation owning or operating a hotel, restaurant, store, lunch room, fountain, roadside booth or stand, or a boarding house that makes a practice of serving meals to transients and who purchases milk for resale…

§ 4392. Exceptions; dispensing devices (a) The provisions of section 4391 of this title shall-not be construed to prevent or prohibit a person, firm, or corporation from purchasing milk in bulk for uses other than for serving patrons for drinking purposes, nor to prevent the sale…

§ 4393. Rulemaking The Secretary of Agriculture, Food and Markets shall, subject to approval by the Department of Health, make and adopt such rules as the Secretary deems necessary relating to the construction, operation, and use of such dispensing devices. (Amended 1959, No. 329…

§ 4394. Penalty A person, firm, or corporation who violates a provision of section 4391 of this title shall be fined not more than $50.00.

§ 4466. Inspection (a) The Commissioner may inspect through his or her duly authorized officers, inspectors, agents, or assistants, at all reasonable times, a short-term rental and the operator’s records related to the short-term rental. (b) Whenever an inspection demonstrates th…

§ 4467. Posting contact information A short-term rental operator shall post within the unit a telephone number for the person responsible for the unit and the contact information for the Department of Health and the Department of Public Safety’s Division of Fire Safety. (Added 20…

§ 4468. Educational materials (a) The Department of Health, in collaboration with the Department of Public Safety’s Division of Fire Safety, shall prepare a packet of information pertaining to the health, safety, and financial obligations of short-term rental operators, including…

§§ 4551-4573. Reclassified.

§ 4475. Definitions (a) As used in this chapter: (1) The term “drug paraphernalia” means all equipment, products, devices, and materials of any kind that are used, or promoted for use or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, …

§ 4476. Offenses and penalties (a) A person who sells drug paraphernalia to a person under 18 years of age shall be imprisoned for not more than two years or fined not more than $2,000.00, or both. (b) The distribution and possession of needles and syringes as part of an organize…

§ 4477. Forfeiture Upon conviction under section 4476 of this title, the defendant shall forfeit to the State all items used, promoted for use, or designed for use as drug paraphernalia. (Added 1983, No. 186 (Adj. Sess.).)

§ 4478. Needle exchange programs The Department of Health, in consultation with community stakeholders, shall develop operating guidelines for needle exchange programs. If a program complies with such operating guidelines and with existing laws and rules, it shall be approved by …

§ 4501. Definitions As used in this chapter: (1) “Health care practitioner” means an individual licensed by the Board of Medical Practice or the Office of Professional Regulation to provide professional health care services in this State. (2)(A) “Stem cell and stem cell-related p…

§ 4502. Unapproved stem cell and stem cell-related products; notice; disclosure (a) Notice. (1) A health care practitioner who administers one or more stem cell or stem cell-related products that are not approved by the U.S. Food and Drug Administration shall provide each patient…

§ 4601. Definitions As used in this chapter: (1) “Biological product” means a virus, therapeutic serum, toxin, antitoxin, vaccine, blood, blood component or derivative, allergenic product, protein (except any chemically synthesized polypeptide), or analogous product, or arsphenam…

§ 4605. Alternative drug or biological product selection (a)(1) When a pharmacist receives a prescription for a drug that is listed either by generic name or brand name in the most recent edition of or supplement to the U.S. Department of Health and Human Services’ publication Ap…

§ 4606. Brand certification If the prescriber has determined that the generic equivalent of a drug or the interchangeable biological product for the biological product being prescribed has not been effective or with reasonable certainty is not expected to be effective in treating…

§ 4607. Information; labeling (a) Every pharmacy in the State shall have posted a sign in a prominent place that is in clear unobstructed view that shall read: “Vermont law requires pharmacists in some cases to select a less expensive generic equivalent drug or interchangeable bi…

§ 4608. Liability (a) Nothing in this chapter shall affect a licensed hospital with the development and maintenance of a hospital formulary system in accordance with that institution’s policies and procedures that pertain to its drug distribution system developed by the medical s…

§ 4621. Definitions Except as otherwise specified, for the purposes of this subchapter: (1) “Department” means the Department of Health. (2) “Evidence-based” means based on criteria and guidelines that reflect high-quality, cost-effective care. The methodology used to determine s…

§ 4622. Evidence-based education program (a)(1) The Department of Health, in collaboration with the Attorney General, the University of Vermont area health education centers program, and the Department of Vermont Health Access, shall establish an evidence-based prescription drug …