Title 18, Title 18: Health

§ 5217. Removal of marked historic remains (a) As used in this section: (1) “Historic remains” means remains of a human being who has been deceased for 100 years or more, and the remains are marked and located in a publicly known or marked burial ground or cemetery. (2) “Public g…

§ 5218. Determination of death An individual who has sustained either irreversible cessation of all functions of the entire brain, including the brain stem, or irreversible cessation of circulatory and respiratory functions is dead. A determination of death must be in accordance …

§ 5219. Persons missing and presumed dead; issuance of presumptive death certificate (a) On application of a spouse, parent, child, or other near relative, the Probate Division of the Superior Court may direct the Chief Medical Examiner to complete and sign a certificate of presu…

§ 5221. Definition As used in this subchapter, “fetal death” means a death prior to the complete expulsion or extraction from the mother of a product of conception; the death is indicated by the fact that after such separation, the fetus does not breathe or show any other evidenc…

§ 5222. Reports (a)(1) The following fetal deaths shall be reported by the hospital, licensed health care professional, or funeral director directly to the Commissioner within seven days after delivery on forms prescribed by the Department: (A) All fetal deaths of 20 or more week…

§ 5223. Unidentified fetus A medical examiner shall investigate an unidentified fetus and shall prepare and file a report. If it cannot otherwise be determined, the place where the fetus was found shall be entered as place of fetal death. (Added 1973, No. 99, § 1.)

§ 5224. Disposition of remains; permits (a) Fetal remains shall be disposed of by burial, cremation, or natural organic reduction unless released to an educational institution for scientific purposes or disposed of by the hospital or as directed by the attending physician in a ma…

§ 5225. Penalty A person who violates a provision of this subchapter, unless another penalty is otherwise provided, shall be fined not more than $500.00. (Added 1973, No. 99, § 1.)

§ 5226. Definitions As used in this subchapter: (1) “Estranged” means a physical and emotional separation from the decedent at the time of death, which has existed for a period of time that demonstrates an absence of affection, trust, and regard for the decedent. (2) “Near relati…

§ 5227. Right to disposition (a) If there is no written directive of the decedent, in the following order of priority, one or more competent adults shall have the right to determine the disposition of the remains of a decedent, including the location, manner, and conditions of di…

§ 5228. Forfeiture An individual recognized under section 5227 of this title to have a right of disposition shall forfeit that right in the following circumstances: (1) the individual is identified by a law enforcement agency as a person of interest and likely to be prosecuted or…

§ 5229. Cost of disposition The cost for the disposition of remains and funeral goods or services shall be borne by the decedent’s estate, subject to the limits for insolvent estates imposed by 14 V.S.A. § 1205, or by any individual who agrees to pay the costs. Nothing in this su…

§ 5230. Rights of funeral director or operator of a disposition facility A funeral director or disposition facility operator may determine the permanent disposition of remains and may file a civil action in Probate Division of the Superior Court against a person, estate, banking …

§ 5231. Civil action (a) Any individual who is a near relative of the decedent or the custodian of the decedent’s remains may file an action in the Probate Division of the Superior Court requesting the court to appoint an individual to make decisions regarding the disposition of …

§ 5232. Procedures generally (a) Any action filed under this subchapter shall be summary in nature, and a hearing shall be held as soon as practicable. The Probate Division of the Superior Court may order interim, ex parte relief based on available information. In extraordinary c…

§ 5233. Limited liability A funeral director or disposition facility operator shall not be subject to civil liability or subject to disciplinary action for carrying out the disposition of the remains if he or she relied in good faith on a funeral service contract or authorization…

§ 5234. Organ Donation Special Fund There is created the Organ Donation Special Fund, which shall be a special fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5. The Organ Donation Special Fund shall consist of any federal funds, grants, and private donat…

§ 5250a. Short title This chapter may be cited as the “Revised Uniform Anatomical Gift Act.” (Added 2009, No. 119 (Adj. Sess.), § 1.)

§ 5250b. Definitions As used in this chapter: (1) “Adult” means an individual who is at least 18 years of age. (2) “Agent” means an individual: (A) authorized to make health care decisions on the principal’s behalf by an advance directive executed pursuant to chapter 231 of this …

§ 5250c. Applicability This chapter applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made. (Added 2009, No. 119 (Adj. Sess.), § 1.)

§ 5250d. Who may make anatomical gift before donor’s death Subject to section 5250h of this title, an anatomical gift of a donor’s body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in s…

§ 5250e. Manner of making anatomical gift before donor’s death (a) A donor may make an anatomical gift: (1) by authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor’s driver’s license or nondriver identification card;…

§ 5250f. Amending or revoking anatomical gift before donor’s death (a) Subject to section 5250h of this title, a donor or other person authorized to make an anatomical gift under section 5250d of this title may amend or revoke an anatomical gift by: (1) a record signed by: (A) th…

§ 5250g. Refusal to make anatomical gift; effect of refusal (a) An individual may refuse to make an anatomical gift of the individual’s body or part by: (1) an advance directive executed pursuant to chapter 231 of this title; (2) a record signed by: (A) the individual; or (B) sub…

§ 5250h. Preclusive effect of anatomical gift, amendment, or revocation (a) Except as otherwise provided in subsection (g) of this section and subject to subsection (f) of this section, in the absence of an express, contrary indication by the donor, a person other than the donor …

§ 5250i. Who may make anatomical gift of decedent’s body or part (a) Subject to subsections (b) and (c) of this section and unless barred by section 5250g or 5250h of this title, an anatomical gift of a decedent’s body or part for purpose of transplantation, therapy, research, or…

§ 5250j. Manner of making, amending, or revoking anatomical gift of decedent’s body or part (a) A person authorized to make an anatomical gift under section 5250i of this title may make an anatomical gift by a document of gift signed by the person making the gift or by that perso…

§ 5250k. Persons that may receive anatomical gift; purpose of anatomical gift (a) An anatomical gift may be made to the following persons named in the document of gift: (1) a hospital; accredited medical school, dental school, college, or university; organ procurement organizatio…

§ 5250l. Search and notification (a) The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a ref…

§ 5250m. Delivery of document of gift not required; right to examine (a) A document of gift need not be delivered during the donor’s lifetime to be effective. (b) Upon or after an individual’s death, a person in possession of a document of gift or a refusal to make an anatomical …

§ 5250n. Rights and duties of procurement organization and others (a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the Vermont Donor Registry and any other donor registry tha…

§ 5250o. Coordination of procurement and use Each hospital in this State shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts. (Added 2009, No. 119 (Adj. Sess.), § 1.)

§ 5250p. Sale or purchase of parts prohibited (a) Except as otherwise provided in subsection (b) of this section, no person shall, for valuable consideration, knowingly purchase or sell a part for transplantation or therapy if removal of a part from an individual is intended to o…

§ 5250q. Other prohibited acts (a) No person shall, in order to obtain a financial gain, intentionally falsify, forge, conceal, deface, or obliterate a document of gift, an amendment or revocation of a document of gift, or a refusal. (b) A person who violates subsection (a) of th…

§ 5250r. Immunity (a) A person who acts in accordance with this chapter or with the applicable anatomical gift law of another state or attempts in good faith to do so is not liable for the act in a civil action, criminal prosecution, or administrative proceeding. An act that reli…

§ 5250s. Law governing validity; choice of law as to execution of document of gift; presumption of validity (a) A document of gift is valid if executed in accordance with: (1) this chapter; (2) the laws of the state or country where it was executed; or (3) the laws of the state o…

§ 5250t. Donor registry (a) The Department of Health shall ensure that a registry is developed and maintained to identify people who have authorized a document of gift. (b) The Department of Motor Vehicles is authorized to enter into a data use agreement with an organ procurement…

§ 5250v. Cooperation between Medical Examiner and procurement organization The Chief Medical Examiner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education, except…

§ 5250x. Honoring donor intent A person’s decision to make a donation of that person’s own organ or tissue after death shall be honored. In the absence of a revocation or amendment of an anatomical gift, health care providers and procurement organizations shall act in accordance …

§ 5250y. Uniformity of application and construction In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (Added 2009, No. 119 (Adj. Sess.), § 1.)

§ 5250z. Relation to Electronic Signatures in Global and National Commerce Act This act modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(a) of that …

§ 5281. Definitions As used in this chapter: (1) “Bona fide physician-patient relationship” means a treating or consulting relationship in the course of which a physician has completed a full assessment of the patient’s medical history and current medical condition, including a p…

§ 5282. Right to information The rights of a patient under section 1871 of this title to be informed of all available options related to terminal care and under 12 V.S.A. § 1909(d) to receive answers to any specific question about the foreseeable risks and benefits of medication …

§ 5283. Requirements for prescription and documentation; immunity (a) A physician shall not be subject to any civil or criminal liability or professional disciplinary action if the physician prescribes to a patient with a terminal condition medication to be self-administered for …

§ 5284. No duty to aid A patient with a terminal condition who self-administers a lethal dose of medication shall not be considered to be a person exposed to grave physical harm under 12 V.S.A. § 519, and no person shall be subject to civil or criminal liability solely for being …

§ 5285. Limitations on actions (a) A physician, nurse, pharmacist, or other person shall not be under any duty, by law or contract, to participate in the provision of a lethal dose of medication to a patient. (b) A health care facility or health care provider shall not subject a …