Vermont Statutes Title 3 Sec. 128
Terms Used In Vermont Statutes Title 3 Sec. 128
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Licensee: includes any person to whom a license has been issued by a board or the Director. See
- Office: means the Office of Professional Regulation. 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
§ 128. Disciplinary action to be reported to the Office
(a)(1) Any hospital, clinic, community mental health center, or other health care institution in which a licensee performs professional services shall report to the Office, along with supporting information and evidence, any disciplinary action taken by it or its staff that limits or conditions the licensee’s privilege to practice or leads to suspension or expulsion from the institution.
(2) The report shall be made within 10 days of the date the disciplinary action was taken, regardless of whether the action is the subject of a pending appeal, and in the case of a licensee who is employed by, or under contract with, a community mental health center, a copy of the report shall also be sent to the Commissioners of Mental Health and of Disabilities, Aging, and Independent Living.
(3) This section shall not apply to cases of resignation, separation from service, or changes in privileges that are unrelated to:
(A) a disciplinary or adverse action;
(B) an adverse action report to the National Practitioner Data Bank;
(C) an unexpected adverse outcome in the care or treatment of a patient;
(D) misconduct or allegations of misconduct;
(E) the initiation or process of an action to limit, condition, or suspend a licensee’s privilege to practice in an institution;
(F) an action to expel the licensee from an institution; or
(G) any other action that could lead to an outcome described in subdivisions (A) through (F) of this subdivision (3).
(b) Within 30 days of any judgment or settlements involving a claim of professional negligence by a licensee, any insurer of the licensee shall report such information to the Office, regardless of whether the action is the subject of a pending appeal.
(c) Information provided to the Office under this section shall be confidential unless the Office decides to treat the report as a complaint, in which case the provisions of section 131 of this title shall apply.
(d) A person who acts in good faith in accord with the provisions of this section shall not be liable for damages in any civil action.
(e) A person who violates this section shall be subject to a civil penalty of not more than $1,000.00. (Added 1989, No. 250 (Adj. Sess.), § 1; 1995, No. 126 (Adj. Sess.), § 1; amended 2001, No. 129 (Adj. Sess.), § 1, eff. June 13, 2002; 2011, No. 66, § 1, eff. June 1, 2011; 2013, No. 96 (Adj. Sess.), § 5; 2013, No. 138 (Adj. Sess.), § 3; 2017, No. 48, § 2; 2017, No. 144 (Adj. Sess.), § 4.)