Title 18, Title 18: Health

§ 32. Educational loan repayment for health care professionals (a) The Department of Health 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 certificati…

§ 34. Vermont Nursing Forgivable Loan Incentive Program (a) As used in this section: (1) “Corporation” means the Vermont Student Assistance Corporation established in 16 V.S.A. § 2821. (2) “Eligible individual” means an individual who satisfies the eligibility requirements under …

§ 35. Vermont Health Care Professional Loan Repayment Program (a) As used in this section: (1) “AHEC” means the Vermont Area Health Education Centers program. (2) “Eligible individual” means an individual who satisfies the eligibility requirements for loan repayment under this se…

§ 36. Nurse Faculty Forgivable Loan Incentive Program (a) As used in this section: (1) “Corporation” means the Vermont Student Assistance Corporation established in 16 V.S.A. § 2821. (2) “Eligible individual” means an individual who satisfies the eligibility requirements under th…

§ 37. Nurse Faculty Loan Repayment Program (a) As used in this section: (1) “AHEC” means the Vermont Area Health Education Centers program. (2) “Eligible individual” means an individual who satisfies the eligibility requirements under this section for loan repayment. (3) “Eligibl…

§ 38. Vermont Mental Health Professional Forgivable Loan Incentive Program (a) As used in this section: (1) “Corporation” means the Vermont Student Assistance Corporation established in 16 V.S.A. § 2821. (2) “Eligible individual” means an individual who satisfies the eligibility …

§ 39. Vermont Psychiatric Mental Health Nurse Practitioner Forgivable Loan Incentive Program (a) As used in this section: (1) “Corporation” means the Vermont Student Assistance Corporation established in 16 V.S.A. § 2821. (2) “Eligible individual” means an individual who satisfie…

§ 4. Agencies and employees The Commissioner 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 m…

§ 40. Vermont Dental Hygienist Forgivable Loan Incentive Program (a) As used in this section: (1) “Corporation” means the Vermont Student Assistance Corporation established in 16 V.S.A. § 2821. (2) “Eligible individual” means an individual who satisfies the eligibility requiremen…

§ 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) Prov…

§ 6. Interfering with health officers; penalty A person who in any way interferes with 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 off…

§ 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 Commissioner of Health 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 195…

§ 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 dona…

§ 102. Duties of Commissioner of Health The Commissioner 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 …

§ 104. Commissioner of Health (a) 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 publ…

§ 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…

§ 104b. Community health and wellness grants (a) The Commissioner shall establish a program for awarding competitive, substantial, multiyear grants to comprehensive community health and wellness projects. Successful projects must: (1) use comprehensive approaches designed to prom…

§ 107. Life and health of inhabitants; inspections; investigations (a) 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 dis…

§ 108. Water supply; sanitation When requested, or when, in the Commissioner’s opinion, it is necessary, the Commissioner shall advise with municipal officers in regard to drainage, water supply, and sewerage of towns and villages and in regard to the erection, construction, heat…

§ 109. The Commissioner exercising powers of local board of health or health officer The Commissioner, in the Commissioner’s discretion, may exercise all the powers and authority, in each town and village, that is given to a local health officer or board of health. (Amended 1959,…

§ 111. Forms for reports of infectious and contagious diseases The Commissioner shall devise and furnish health officers suitable forms upon which to make reports of infectious and contagious diseases. The Commissioner shall also devise and furnish forms for physicians to report …

§ 112. Circulars of information The Department 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 Department may adopt and the Commissioner thereof shall give information relativ…

§ 113. Services and expenditures; cooperation with other agencies; attendance upon meetings The Commissioner may perform such services and incur such expenditures as the Commissioner deems necessary for the protection of the public health and may cooperate with health agencies of…

§ 115. Public health surveillance assessment and planning (a) The Department of Health may, in the discretion of the Commissioner, accept for treatment children who have chronic diseases or developmental disabilities. (b) The Commissioner of Health is authorized to: (1) study the…

§ 116. Mother and child health service; training of nurses and workers (a) The Commissioner 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…

§ 117. Chronic fatigue syndrome (a) 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 …

§ 120. Contract for payment of certain health benefits The Commissioner 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…

§ 121. Issuance of search warrants (a) 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, ord…

§ 122. Private right of action (a) Any person injured or damaged by a violation of this title, of a rule adopted pursuant to this title, 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 v…

§ 123. Revocation of permits (a) 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…

§ 124. Voluntary compliance (a) 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. (b)…

§ 125. Assurance of discontinuance (a) 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 inactio…

§ 126. Health orders (a) 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 adopted pursuant to this title; …

§ 127. Emergency health orders (a) 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 ri…

§ 128. Appeal (a) Any person aggrieved by an act, decision, or order of the Commissioner, local board of health, or selectboard pursuant to this title may appeal within 30 days to the Superior Court of the county in which such person resides or maintains a place of business. The …

§ 129. Stay An appeal filed pursuant to section 128 of this title shall not stay the effectiveness of the order appealed from unless the Court otherwise orders. (Added 1985, No. 267 (Adj. Sess.), § 13; amended 2023, No. 53, § 35, eff. June 8, 2023.)

§ 130. Civil enforcement (a) 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 ru…

§ 131. Criminal penalty (a) 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 c…

§ 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” s…

§ 152. Establishment of cancer registry (a) 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…

§ 153. Participation in program (a) Any health care facility diagnosing or providing treatment to patients with cancer shall report each case of cancer to the Commissioner or the Commissioner’s authorized representative in a format prescribed by the Commissioner within 180 days a…

§ 154. Confidentiality (a) 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. (b) All identifying information regarding an individual …

§ 155. Disclosure (a) 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 th…

§ 156. Liability (a) 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 ca…

§ 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 th…