§ 2141. Definitions

As used in this chapter:

(1) “Ambulatory surgical center” means any distinct entity that operates primarily for the purpose of providing surgical services to patients not requiring hospitalization and for which the expected duration of services would not exceed 24 hours following an admission. The term does not include:

(A) a facility that is licensed as part of a hospital; or

(B) a facility that is used exclusively as an office or clinic for the private practice of one or more licensed health care professionals, unless one or more of the following descriptions apply:

(i) the facility holds itself out to the public or to other health care providers as an ambulatory surgical center, surgical center, surgery center, surgicenter, or similar facility using a similar name or a variation thereof;

(ii) procedures are carried out at the facility using general anesthesia, except as used in oral or maxillofacial surgery or as used by a dentist with a general anesthesia endorsement from the Board of Dental Examiners; or

(iii) patients are charged a fee for the use of the facility in addition to the fee for the professional services of one or more of the health care professionals practicing at that facility.

(2) “Health care professional” means:

(A) a physician licensed pursuant to 26 Vt. Stat. Ann. chapter 23 or 33;

(B) an advanced practice registered nurse licensed pursuant to 26 Vt. Stat. Ann. chapter 28;

(C) a physician assistant licensed pursuant to 26 Vt. Stat. Ann. chapter 31;

(D) a podiatrist licensed pursuant to 26 Vt. Stat. Ann. chapter 7; or

(E) a dentist licensed pursuant to 26 Vt. Stat. Ann. chapter 12.

(3) “Patient” means a person admitted to or receiving health care services from an ambulatory surgical center. (Added 2019, No. 55, § 1, eff. Jan. 1, 2020.)