Vermont Statutes Title 18 Sec. 9706
Terms Used In Vermont Statutes Title 18 Sec. 9706
- 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
- Capacity: means an individual's ability to make and communicate a decision regarding the issue that needs to be decided. See
- Clinician: means a medical doctor licensed to practice under 26 Vt. 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
- HIPAA: means the Health Insurance Portability and Accountability Act of 1996, codified at 42 U. See
- Interested individual: means :
- Mental health patient representative: means the mental health patient representative established by section 7253 of this title. See
- Ombudsman: means :
- Principal: means an adult who has executed an advance directive. See
- Reasonably available: means able to be contacted with a level of diligence appropriate to the seriousness and urgency of a principal's health care needs, and willing and able to act in a timely manner considering the urgency of the principal's health care needs. See
§ 9706. When advance directive becomes effective
(a) An advance directive regarding health care shall become effective:
(1) when a principal‘s clinician:
(A) determines, after speaking with an interested individual if one is reasonably available, that the principal lacks capacity, and makes specific findings regarding the cause, nature, and projected duration of the principal’s lack of capacity;
(B) has made reasonable efforts to notify the principal of the determination; and
(C) has made reasonable efforts to notify the principal’s agent or guardian of the determination; or
(2) when the circumstance or condition specified pursuant to subdivision 9702(a)(3) of this title has been met; or
(3) upon execution, if specified pursuant to subdivision 9702(a)(4) of this title.
(b) When a principal has a clinician, the clinician shall certify in the principal’s medical record the facts that have caused an advance directive to become effective.
(c) Upon a determination of need by the principal’s clinician, or upon the request of the principal, agent, guardian, ombudsman, a mental health patient representative, health care provider, or any interested individual, the principal’s clinician, another clinician, or a clinician’s designee shall reexamine the principal to determine whether the principal has capacity. The clinician shall document the results of the reexamination in the principal’s medical record and shall make reasonable efforts to notify the principal and the agent or guardian, as well as the individual who initiated the new determination of capacity, of the results of the reexamination, if providing such notice is consistent with the requirements of HIPAA.
(d) The authority of an agent to make health care decisions for a principal shall cease in accordance with subsection 9711(c) of this title.
(e) An advance directive regarding disposition of the principal’s remains shall become effective upon the death of the principal. (Added 2005, No. 55, § 1, eff. Sept. 1, 2005; amended 2013, No. 192 (Adj. Sess.), § 19; 2017, No. 121 (Adj. Sess.), § 2a, eff. May 3, 2018.)