The Vermont Statutes Online

Title 18: Health

Chapter 042B: Health Care Privacy

• § 1881. Disclosure of protected health information prohibited

  (a) As used in this section:

  (1) “Business associate” has the same meaning as in 45 C.F.R. § 160.103.

  (2) “Covered entity” has the same meaning as in 45 C.F.R. § 160.103.

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

  (4) “Protected health information” has the same meaning as in 45 C.F.R. § 160.103.

  (5) “Telehealth” has the same meaning as in 26 V.S.A. § 3052.

  (b) A covered entity or business associate shall not disclose protected health information unless the disclosure is permitted under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

  (c) In order to protect patients and providers who engage in legally protected health care activity, a covered entity or business associate shall not disclose protected health information related to a legally protected health care activity for use in a civil or criminal action; a proceeding preliminary to a civil or criminal action; or a probate, legislative, or administrative proceeding unless the disclosure meets one or more of the following conditions:

  (1) The disclosure is authorized by the patient or the patient’s conservator, guardian, or other authorized legal representative.

  (2) The disclosure is specifically required by federal law, Vermont law, or rules adopted by the Vermont Supreme Court.

  (3) The disclosure is ordered by a court of competent jurisdiction pursuant to federal law, Vermont law, or rules adopted by the Vermont Supreme Court. An order compelling disclosure under this subdivision shall include the court’s determination that good cause exists to require disclosure of the information related to legally protected health care activity.

  (4) The disclosure is to be made to a person designated by the covered entity or business associate and will be used solely in the defense of the covered entity or business associate against a claim that has been made, or there is a reasonable belief will be made, against the covered entity or business associate in a civil or criminal action; a proceeding preliminary to a civil or criminal action; or a probate, legislative, or administrative proceeding.

  (5) The disclosure is to Vermont’s Board of Medical Practice or Office of Professional Regulation, as applicable, in connection with a bona fide investigation in Vermont of a licensed, certified, or registered health care provider or a bona fide investigation of whether an individual who is not licensed, certified, or registered to practice a health care profession in Vermont engaged in unauthorized practice in this State, whether in person or through telehealth.

  (6) The disclosure is to the Vermont Department of Health or the Vermont Department of Disabilities, Aging, and Independent Living, or both, in connection with a bona fide investigation of a licensed health care facility in Vermont. (Added 2015, No. 169 (Adj. Sess.), § 1, eff. Oct. 1, 2016; amended 2023, No. 15, § 14, eff. May 10, 2023.)

• § 1882. Disclosures of protected health information to avert a serious risk of danger

  (a) It is the intent of the General Assembly in this section to negate the Vermont Supreme Court’s decision in Kuligoski v. Brattleboro Retreat and Northeast Kingdom Human Services, 2016 VT 54A, and limit mental health professionals’ duty to that as established in common law by Peck v. Counseling Service of Addison County, Inc., 146 Vt. 61 (1985).

  (b) A mental health professional’s duty is established in common law by Peck v. Counseling Service of Addison County, Inc. and requires that “a mental health professional who knows or, based upon the standards of the mental health profession, should know that his or her patient poses a serious risk of danger to an identifiable victim has a duty to exercise reasonable care to protect him or her from that danger.” This duty shall be applied in accordance with State and federal privacy and confidentiality laws.

  (c) This section does not limit or restrict claims under State or federal law related to safe patient care, including federal discharge planning regulations within the Conditions of Participation for hospitals, patient care regulations for other federally certified facilities, the Emergency Medical Treatment and Active Labor Act of 1986, Pub. L. No. 99-272, professional licensing standards, or facility licensing standards.

  (d) To the extent permitted under federal law, this section does not affect the requirements for mental health professionals to communicate with individuals involved in a patient’s care in a manner that is consistent with legal and professional standards, including section 7103 of this title. (Added 2017, No. 51, § 2, eff. May 30, 2017.)

• § 1883. Disclosure of protected health information required

  (a) When a law enforcement officer responds to an alleged crime committed by a patient at a hospital:

  (1) an authorized representative of the hospital shall disclose to the law enforcement officer the following information before the officer removes the patient from the hospital:

  (A) information that is sufficient to confirm whether the patient is stabilized, has been evaluated, or is awaiting inpatient care; and

  (B) any other information that will be necessary for purposes of safely taking custody of the patient; and

  (2) the law enforcement officer shall not remove the patient from the hospital if an authorized representative of the hospital informs the officer that the patient is not stabilized, has not yet been evaluated, or is awaiting inpatient care.

  (b) When a law enforcement officer responds to an alleged crime committed by a patient at a scene where emergency medical treatment was or is being provided:

  (1) a member of the emergency medical personnel who provided the treatment shall disclose to the law enforcement officer the following information before the officer removes the patient from the emergency medical treatment scene:

  (A) information that is sufficient to confirm whether the patient is stabilized, has been evaluated, or is awaiting transport for health care; and

  (B) any other information that will be necessary for purposes of safely taking custody of the patient; and

  (2) the law enforcement officer shall not remove the patient from the emergency medical treatment scene if a member of the emergency medical personnel who provided the treatment informs the officer that the patient is not stabilized, has not yet been evaluated, or is awaiting transport for health care.

  (c) As used in this section:

  (1) “Emergency medical personnel” has the same meaning as in 24 V.S.A. § 2651(6).

  (2) “Emergency medical treatment” has the same meaning as in 24 V.S.A. § 2651(9).

  (3) “Hospital” has the same meaning as in subdivision 1902(1) of this title.

  (4) “Stabilized” means that no material deterioration of the patient’s medical condition is likely, within reasonable medical probability, to result from or occur during the transport of the patient from the hospital or the emergency medical treatment scene. (Added 2023, No. 24, § 3, eff. May 30, 2023.)