The Vermont Statutes Online

Title 12: Court Procedure

Chapter 221: Legally Protected Health Care Activity

• § 7301. Definition

  As used in this chapter:

  (1)(A) “Abusive litigation” means litigation or other legal action to deter, prevent, sanction, or punish any person engaging in legally protected health care activity by:

  (i) filing or prosecuting any action in any other state where liability, in whole or part, directly or indirectly, is based on legally protected health care activity that occurred in this State, including any action in which liability is based on any theory of vicarious, joint, or several liability derived therefrom; or

  (ii) attempting to enforce any order or judgment issued in connection with any such action by any party to the action, or any person acting on behalf of a party to the action.

  (B) A lawsuit shall be considered to be based on conduct that occurred in this State if any part of any act or omission involved in the course of conduct that forms the basis for liability in the lawsuit occurs or is initiated in this State, whether or not such act or omission is alleged or included in any pleading or other filing in the lawsuit.

  (2) “Gender-affirming health care services” has the same meaning as provided in 1 V.S.A. § 150.

  (3) “Legally protected health care activity” has the same meaning as in 1 V.S.A. § 150.

  (4) “Public agency” has the same meaning as in 1 V.S.A. § 317(a).

  (5) “Reproductive health care services” has the same meaning as provided in 1 V.S.A. § 150. (Added 2023, No. 14, § 3, eff. May 10, 2023.)

• § 7302. Tortious interference with legally protected health care activity

  (a) Access to reproductive health care services and gender-affirming health care services is a legal right in this State. Interference with legally protected health care activity, whether or not under the color of law, is against the public policy of this State.

  (b) Any public act or record of a foreign jurisdiction that prohibits, criminalizes, sanctions, or authorizes a person to bring a civil action against or otherwise interferes with a person, provider, payer, or other entity in this State that seeks, receives, causes, aids in access to, aids or abets, or provides, or attempts or intends to seek, receive, cause, aid in access to, aid or abet, or provide, legally protected health care services shall be an interference with the exercise and enjoyment of the rights secured by this State and shall be a violation of the public policy of this State.

  (c) If a person, whether or not acting under color of law, engages or attempts to engage in abusive litigation that infringes on or interferes with, or attempts to infringe on or interfere with, legally protected health care activity, any aggrieved person, provider, payer, or other entity, including any defendant in such abusive litigation, may initiate a civil action for injunctive, monetary, or other appropriate relief within six years after the cause of action accrues.

  (d) If the court finds for the petitioner in an action authorized by this section, recovery may include damages for the amount of any judgment issued in connection with any abusive litigation, and any and all other expenses, costs, or reasonable attorney’s fees incurred in connection with the abusive litigation and with the tortious interference action.

  (e) A court may exercise jurisdiction over a person in an action authorized by this section if:

  (1) personal jurisdiction is found;

  (2) the person has commenced any action in any court in this State and, during the pendency of that action or any appeal therefrom, a summons and complaint is served on the person or the attorney appearing on the person’s behalf in that action or as otherwise permitted by law; or

  (3) the exercise of jurisdiction is permitted under the Constitution of the United States.

  (f) Abusive litigation does not include a lawsuit or judgment entered in another state that is based on conduct for which a cause of action would exist under the laws of this State if the course of conduct that forms the basis for liability had occurred entirely in this State, including any contract, tort, common law, or statutory claims.

  (g) An attorney shall not be liable under this section, if acting on behalf of another and within the scope of the attorney’s license. A lawyer acting pro se, or a public prosecutor having the personal discretion to decide whether to bring abusive litigation, shall not be immune under this subsection. (Added 2023, No. 14, § 3, eff. May 10, 2023.)

• § 7303. Foreign judgments

  (a) In any action filed to enforce a foreign judgment issued in connection with abusive litigation concerning legally protected health care activity, the court shall not give any force or effect to any judgment issued without jurisdiction or due process or to any judgment that is penal in nature.

  (b) Foreign judgments issued in connection with abusive litigation concerning legally protected health care activity shall be brought by filing a new and independent action on the judgment within five years after the rendition of the judgment, and not after. (Added 2023, No. 14, § 3, eff. May 10, 2023.)

• § 7304. Testimony and documents

  (a) Notwithstanding any other provision in this title or court rule to the contrary, except as required by federal law, a court shall not order a person who is domiciled or found within this State to give testimony or a statement or produce documents or other things with any proceeding in a tribunal outside this State concerning abusive litigation involving legally protected health care activity.

  (b) Any aggrieved person, provider, payer, or other entity, including any defendant in abusive litigation, may move to modify or quash any subpoena issued in connection with such abusive litigation on any grounds provided by court rule, statute, or on the grounds that the subpoena is inconsistent with the public policy of this State. (Added 2023, No. 14, § 3, eff. May 10, 2023.)

• § 7305. Choice of law

  Notwithstanding any general or special law or common law conflict of law rule to the contrary, the laws of this State shall govern in any case or controversy heard in this State related to legally protected health care activity, except as may be required by federal law. (Added 2023, No. 14, § 3, eff. May 10, 2023.)

• § 7306. Noncooperation

  (a) No public agency or employee, appointee, officer or official, or any other person acting on behalf of a public agency may knowingly provide any information or expend or use time, money, facilities, property, equipment, personnel, or other resources in furtherance of any interstate investigation or proceeding seeking to impose civil or criminal liability upon a person or entity for:

  (1) the provision, seeking or receipt of, or inquiring about legally protected health care activity that is legal in this State; or

  (2) assisting any person or entity providing, seeking, receiving, or responding to an inquiry about legally protected health care activity that is legal in this State.

  (b) This section shall not apply to:

  (1) any investigation or proceeding where the conduct subject to potential liability under the investigation or proceeding would be subject to liability under the laws of this State if committed in this State;

  (2) any action taken by the Judicial Branch in judicial proceedings; or

  (3) a public agency or employee, appointee, officer or official who, in the course of normal business, is responding to a warrant or extradition demand on the good faith belief that the warrant or demand is valid in this State. (Added 2023, No. 14, § 3, eff. May 10, 2023.)