Terms Used In Vermont Statutes Title 33 Sec. 7108

  • Facility: means a residential care home, nursing home, assisted living residence, home for persons who are terminally ill, or therapeutic community residence licensed or required to be licensed pursuant to the provisions of this chapter. See
  • Licensing agency: means the Agency of Human Services or the department or division within the Agency as the Secretary of Human Services may designate. See

§ 7108. Inspection; technical assistance

(a) The licensing agency shall inspect a facility prior to issuing a license under this chapter.

(b) The licensing agency may inspect a facility any time an inspection is authorized under this chapter and any other time it considers an inspection necessary to determine if a facility is in compliance with the provisions of this chapter or the rules adopted pursuant to this chapter.

(c) Authorized inspectors shall at all times without notice have access to all such facilities.

(d) The living quarters of the manager of a facility, for purposes of this chapter, may be subject to inspection only if the inspector has reason to believe the permissible capacity of the facility has been exceeded and only for the purpose of determining if such a violation exists. The inspector shall permit the manager to accompany the inspector on such an inspection.

(e) Within the limits of resources available, the licensing agency may provide technical assistance, education, and information to facilities to assist them to come into or remain in compliance with the provisions of this chapter or the rules adopted pursuant to this chapter. The failure of the licensing agency to provide assistance under this subsection shall not relieve a facility from its duty to comply with provisions of this chapter or the rules adopted pursuant to this chapter. (Amended 1973, No. 153 (Adj. Sess.), § 5; 1975, No. 221 (Adj. Sess.), § 4; 1985, No. 151 (Adj. Sess.), § 6; 2013, No. 131 (Adj. Sess.), § 89, eff. May 20, 2014; 2021, No. 20, § 354.)