Vermont Statutes Title 18 Sec. 9713
Terms Used In Vermont Statutes Title 18 Sec. 9713
- Advance directive: means a written record executed pursuant to section 9703 of this title, which may include appointment of an agent, identification of a preferred primary care clinician, instructions on health care desires or treatment goals, an anatomical gift, disposition of remains, and funeral goods and services. See
- Agent: means an adult with capacity to whom authority to make health care decisions is delegated under an advance directive, including an alternate agent if the agent is not reasonably available. See
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Capacity: means an individual's ability to make and communicate a decision regarding the issue that needs to be decided. See
- COLST: means a clinician's order or orders for treatment such as intubation, mechanical ventilation, transfer to hospital, antibiotics, artificially administered nutrition, or another medical intervention. See
- DNR identification: means a necklace, bracelet, or anklet identifying the patient as an individual who has a DNR order. See
- DNR order: means a written order of the patient's clinician directing health care providers not to attempt resuscitation. See
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person appointed by the Probate Division of the Superior Court who has the authority to make medical decisions pursuant to 14 V. See
- Health care: means any treatment, service, or procedure to maintain, diagnose, or treat an individual's physical or mental condition, including services provided pursuant to a clinician's order, and services to assist in activities of daily living provided by a health care provider or in a health care facility or residential care facility. See
- Person: means any individual, company, corporation, association, partnership, the U. See
- Principal: means an adult who has executed an advance directive. See
- Residential care facility: means a residential care home or an assisted living residence as those terms are defined in 33 V. See
- Surrogate: means an interested individual who provides or withholds, pursuant to subchapter 2 of this chapter, informed consent for a do-not-resuscitate order or a clinician order for life-sustaining treatment. See
§ 9713. Immunity
(a) No individual acting as an agent, guardian, or surrogate shall be subjected to criminal or civil liability for making a decision in good faith pursuant to the terms of an advance directive, or DNR order, or COLST order and the provisions of this chapter.
(b)(1) No health care provider, health care facility, residential care facility, or any other person acting for or under such person’s control shall, if the provider or facility has complied with the provisions of this chapter, be subject to civil or criminal liability for:
(A) providing or withholding treatment or services in good faith pursuant to the direction of a principal or patient, the provisions of an advance directive, a DNR order, a COLST order, a DNR identification, the consent of a principal or patient with capacity or of the principal’s or patient’s agent, guardian, or surrogate, or a decision or objection of a principal or patient; or
(B) relying in good faith on a suspended or revoked advance directive, suspended or revoked DNR order, or suspended or revoked COLST order, unless the provider or facility knew or should have known of the suspension, or revocation.
(2) A funeral director, crematory operator, cemetery official, procurement organization, or any other person acting for or under such person’s control, shall, if the director, operator, official, or organization has complied with the provisions of this chapter, not be subject to civil or criminal liability for providing or withholding its services in good faith pursuant to the provisions of an advance directive, whether or not the advance directive has been suspended or revoked.
(3) Nothing in this subsection shall be construed to establish immunity for the failure to follow standards of professional conduct and to exercise due care in the provision of services.
(c) No employee shall be subjected to an adverse employment decision or evaluation for:
(1) Providing or withholding treatment or services in good faith pursuant to the direction of a principal or patient, the provisions of an advance directive, a DNR order, a COLST order, a DNR identification, the consent of the principal or patient with capacity or principal’s or patient’s agent, guardian, or surrogate, a decision or objection of a principal or patient, or the provisions of this chapter. This subdivision shall not be construed to establish a defense for the failure to follow standards of professional conduct and to exercise due care in the provision of services.
(2) Relying on an amended, suspended, or revoked advance directive, unless the employee knew or should have known of the amendment, suspension, or revocation.
(3) Providing notice to the employer of a moral or other conflict pursuant to subdivision 9707(b)(3) of this title, so long as the employee has provided ongoing health care until a new employee or provider has been found to provide the services. (Added 2005, No. 55, § 1, eff. Sept. 1, 2005; amended 2005, No. 215 (Adj. Sess.), § 336; 2011, No. 60, § 13, eff. June 1, 2011; 2015, No. 136 (Adj. Sess.), § 1, eff. Jan. 1, 2018.)