Sections
Subchapter 1 Advance Directives and Disposition of Remains 9702 – 9720
Subchapter 2 Surrogate Consent 9731
§ 9700 Purpose and policy
§ 9701 Definitions

Terms Used In Vermont Statutes > Title 18 > Chapter 231

  • 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
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • agency: means all State offices that provide public assistance, all State offices that provide State-funded programs primarily engaged in providing services to persons with disabilities, any federal and nongovernmental offices that have agreed to be designated by the Secretary as a voter registration agency, and any State or local agency designated by the Secretary as a voter registration agency. 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
  • Allegation: something that someone says happened.
  • 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.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Board: means the State Board of Health. See
  • Board of civil authority: means , unless otherwise provided by municipal charter, in the case of a town, the selectboard and town clerk and the justices residing therein; in the case of a city, the mayor, aldermen, city clerk, and justices residing therein; in the case of a village, the trustees, village clerk, and the justices residing therein; and, in any case, such suitable member or members of unrepresented or insufficiently represented political parties as may be appointed members of the board of civil authority under the provisions of section 2143 of this title. 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 V. 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
  • Commissioner: means the Commissioner of Health or the Commissioner's designee. See
  • Commissioner: means the Commissioner of Health. See
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • 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.
  • Decedent: A deceased person.
  • Department: means the Department of Health. 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
  • Domestic: when applied to a corporation, company, association, or copartnership shall mean organized under the laws of this State; "foreign" when so applied, shall mean organized under the laws of another state, government, or country. See
  • Effective internal affairs program: means that a law enforcement agency does all of the following:

  • Election: means the procedure whereby the voters of this State, or any of its political subdivisions, select persons to fill public offices or act on public questions. See
  • 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.
  • Executive officer: means the highest-ranking law enforcement officer of a law enforcement agency. See
  • Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
  • Felony: A crime carrying a penalty of more than a year in prison.
  • filed: means deposited in the regularly maintained office of the official with whom the filing is to be made. See
  • following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
  • Fraud: Intentional deception resulting in injury to another.
  • General election: means the election held on the first Tuesday after the first Monday in November, in even-numbered years. See
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • 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
  • 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.
  • 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
  • Health care decision: means consent, refusal to consent, or withdrawal of consent to any health care. See
  • HIPAA: means the Health Insurance Portability and Accountability Act of 1996, codified at 42 U. See
  • Informed consent: means the consent given voluntarily by an individual with capacity, on his or her own behalf or on behalf of another in the role of an agent, guardian, or surrogate, after being fully informed of the nature, benefits, risks, and consequences of the proposed health care, alternative health care, and no health care. See
  • Interested individual: means :

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Justice: when applied to a person, other than a Justice of the Supreme Court, shall mean a justice of the peace for the county for which he or she is elected or appointed. See
  • Law enforcement agency: means the employer of a law enforcement officer. See
  • Law enforcement officer: means a member of the Department of Public Safety who exercises law enforcement powers; a member of the State Police; a Capitol Police officer; a municipal police officer; a constable who exercises law enforcement powers; a motor vehicle inspector; an employee of the Department of Liquor Control who exercises law enforcement powers; an investigator employed by the Secretary of State; a Board of Medical Practice investigator employed by the Department of Health; an investigator employed by the Attorney General or a State's Attorney; a fish and game warden; a sheriff; a deputy sheriff who exercises law enforcement powers; a railroad police officer commissioned pursuant to 5 V. See
  • Life sustaining treatment: means any medical intervention, including nutrition and hydration administered by medical means and antibiotics, which is intended to extend life and without which the principal or patient is likely to die. See
  • Magistrate: shall mean any Supreme Court Justice, Superior judge, District judge, or Probate judge. See
  • Mental health patient representative: means the mental health patient representative established by section 7253 of this title. See
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Municipality: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. See
  • Nutrition and hydration administered by medical means: means the provision of food and water by means other than the natural ingestion of food or fluids by eating or drinking. See
  • Oath: shall include affirmation where by law an affirmation may be substituted. See
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Ombudsman: means :

  • Palliative care: means interdisciplinary care given to improve the quality of life of patients and their families facing the problems associated with a serious medical condition. See
  • Person: means any individual, business entity, labor organization, public interest group, or other organization, incorporated or unincorporated. See
  • Person: means any individual, company, corporation, association, partnership, the U. See
  • Political subdivision: means any county, municipality (including cities, towns, and villages), representative district, senatorial district, school district, fire district, water, sewer, or utility district, ward, and any consolidation of the foregoing entities authorized under the laws of this State. See
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Principal: means an adult who has executed an advance directive. See
  • Probate: Proving a will
  • Probate Division of the Superior Court designee: means a responsible, knowledgeable individual independent of a health care facility designated by the Probate Division of the Superior Court in the district where the principal resides or the county where the facility is located. 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
  • Registry: means a secure, web-based database created by the Commissioner to which individuals may submit an advance directive or information regarding the location of an advance directive that is accessible to principals and agents and, as needed, to individuals appointed to arrange for the disposition of remains, procurement organizations, health care providers, health care facilities, residential care facilities, funeral directors, crematory operators, cemetery officials, Probate Division of the Superior Court officials, and the employees thereof. See
  • Resident: means a natural person who is domiciled in this State as evidenced by an intent to maintain a principal dwelling place in the State indefinitely and to return there if temporarily absent, coupled with an act or acts consistent with that intent. See
  • Residential care facility: means a residential care home or an assisted living residence as those terms are defined in 33 V. See
  • resuscitation: includes chest compressions and mask ventilation; intubation and ventilation; defibrillation or cardioversion; and emergency cardiac medications provided according to the guidelines of the American Heart Association's Cardiac Life Support program. See
  • Secretary: means the Secretary of State. 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
  • 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
  • Suspend: means to terminate the applicability of all or part of an advance directive for a specific period of time or while a specific condition exists. See
  • Town: shall include city and wards or precincts therein; "selectboard members" and "board of civil authority" shall extend to and include the mayor and aldermen of cities; "trustees" shall extend to and include bailiffs of incorporated villages; and the laws applicable to the inhabitants and officers of towns shall be applicable to the inhabitants and similar officers of all municipal corporations. See
  • Town: includes "city. See
  • Town clerk: means a town officer elected pursuant to section 2646 of this title or otherwise elected or appointed by law and performing those duties prescribed by 24 V. See
  • Village: shall mean an incorporated village. See
  • Voter: means an individual who is qualified to vote in an election in this State or a political subdivision of this State, and whose name is registered on the checklist of a political subdivision of the State. See
  • Year: means a calendar year. See