The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Subchapter
004
:
IMMUNIZATION
(Cite as: 18 V.S.A. § 1128)
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§ 1128. Access to health services and testing
(a) No health care provider or facility shall request or require any applicant for care
or services or any client or patient to have an HIV-related blood test as a condition
for receiving unrelated treatment or service nor shall any such provider or facility
discriminate against any applicant, client, or patient on the basis of a person’s
having a positive test result from an HIV-related blood test. Nothing in this section
shall preclude health care providers or facilities from recommending testing for medically
appropriate diagnostic purposes or from administering to clients or patients who consent
to have an HIV-related blood test.
(b) Failure of a health care provider to comply with any provision of this section shall
constitute grounds for disciplinary action or any other regulatory action authorized
by law. Failure of a health care facility to comply with any provision of this section
shall constitute grounds for modification, suspension, or revocation of the facility’s
license, authority to operate, or any other regulatory action authorized by law. Any
such regulatory action shall be taken in accordance with the disciplinary, licensing,
or other procedures established by law for the board or agency having jurisdiction
over the health care provider or facility.
(c) A person aggrieved by a violation of this section or the Attorney General on behalf
of such a person may bring an action for injunctive relief and damages in the Superior
Court of the county in which the violation is alleged to have occurred. The court
may award costs and reasonable attorney’s fees to an aggrieved person who prevails
in an action brought under this subsection. (Added 1987, No. 176 (Adj. Sess.), § 5.)