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.
  • 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.
  • 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.
  • Approved postsecondary education institution: means any institution of postsecondary education that is:

  • Arrest: Taking physical custody of a person by lawful authority.
  • Board: means the State Board of Health. See
  • Board: means the Transportation Board. See
  • Board: means the Board of Directors of the Vermont Student Assistance Corporation. 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
  • Executor: A male person named in a will to carry out the decedent
  • 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.
  • 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
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • 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
  • Higher Education Act: means the federal Higher Education Act of 1965 (PL 89-329, 20 U. See
  • highway: includes rights-of-way, bridges, drainage structures, signs, guardrails, areas to accommodate utilities authorized by law to locate within highway limits, areas used to mitigate the environmental impacts of highway construction, vegetation, scenic enhancements, and structures. 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.
  • 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
  • Mental health patient representative: means the mental health patient representative established by section 7253 of this title. See
  • 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
  • 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
  • Permit: means any permit or license issued pursuant to this title. See
  • Person: means any individual, company, corporation, association, partnership, the U. See
  • Person: includes a municipality or State agency. See
  • person with an intellectual disability: shall mean an individual who has significantly subaverage intellectual functioning existing concurrently with deficits in adaptive behavior. 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
  • 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
  • road: shall include bridges thereon and their approaches. 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
  • Student: means any person who:

  • 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
  • sworn: shall include affirmed. See
  • Town: includes incorporated villages and cities. See
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.