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Terms Used In Vermont Statutes Title 33 Sec. 7107

  • Facility: means a residential care home, nursing home, assisted living residence, home for persons who are terminally ill, or therapeutic community residence licensed or required to be licensed pursuant to the provisions of this chapter. See
  • following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
  • Licensing agency: means the Agency of Human Services or the department or division within the Agency as the Secretary of Human Services may designate. See
  • Municipality: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. See
  • Nursing home: means an institution or distinct part of an institution that is primarily engaged in providing to its residents any of the following:

  • Owner: means the holder of the title to the property on or in which the facility is maintained. See
  • Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Resident: means any person who lives in and receives services or care in a facility. See
  • State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See

§ 7107. Unlicensed homes

(a) The licensing agency shall adopt rules governing the identification of unlicensed residential care homes, nursing homes, assisted living residences, therapeutic community residences, and homes for persons who are terminally ill.

(b) No physician, surgeon, osteopath, chiropractor, or physician assistant licensed, certified, or registered under the provisions of Title 26; resident physician, intern, or any hospital administrator in any hospital in this State; registered nurse, licensed practical nurse, medical examiner, psychologist, mental health professional, social worker, probation officer, police officer, nursing home administrator, or employee; or owner, operator, or employee of a facility shall knowingly place, refer, or recommend placement of a person to such a facility if that facility is operating without a license.

(c) Any person listed in subsection (b) of this section who is licensed or certified by the State of Vermont or who is employed by the State or a municipality and who knows or has reason to believe that a facility is operating without the license required under this chapter shall report the facility and address of the facility to the licensing agency.

(d) The licensing agency shall investigate any report filed pursuant to this section and conduct an inspection as provided in section 7108 of this title.

(e)(1) Within 30 days following the date on which a license to operate any facility pursuant to this section is revoked or voluntarily relinquished, the operator shall obtain a new license or shall cause all of the residents in the facility to be moved promptly.

(2) The facility shall be responsible for securing suitable alternative placements for the residents and shall be responsible for the cost of the planning for the transition and transportation of the residents to the alternative placements.

(3) Failure to comply with this subsection may result in penalties being assessed against the operator, the owner, or the facility as provided for in section 7111 of this title. (Added 1985, No. 151 (Adj. Sess.), § 5; amended 1997, No. 61, § 271f; 2009, No. 36, § 1; 2013, No. 34, § 30a; 2013, No. 96 (Adj. Sess.), § 221; 2021, No. 20, § 353.)