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Searching 2021-2022 Session

The Vermont Statutes Online


Title 18 : Health



(Cite as: 18 V.S.A. § 4474)
  •  [Section 4474 repealed effective March 1, 2022]

    § 4474. Registered caregivers; qualification standards and procedures

    (a) A person may submit a signed application to the Department of Public Safety to become a registered patient's registered caregiver. The Department shall approve or deny the application in writing within 30 days. In accordance with rules adopted pursuant to section 4474d of this title, the Department shall consider an individual's criminal history record when making a determination as to whether to approve the application. An applicant shall not be denied solely on the basis of a criminal conviction that is not listed in subsection 4474g(e) of this title or 13 V.S.A. chapter 28. The Department shall approve a registered caregiver's application and issue the person an authorization card, including the caregiver's name, photograph, and a unique identifier, after verifying the person will serve as the registered caregiver for one registered patient only.

    (b) Prior to acting on an application, the Department shall obtain from the Vermont Crime Information Center a Vermont criminal record, an out-of-state criminal record, and a criminal record from the Federal Bureau of Investigation for the applicant. Each applicant shall consent to release of criminal records to the Department on forms developed by the Center. The Department shall comply with all laws regulating the release of criminal history records and the protection of individual privacy. The Vermont Crime Information Center shall send to the requester any record received pursuant to this section or inform the Department of Public Safety that no record exists. If the Department disapproves an application, the Department shall promptly provide a copy of any record of convictions and pending criminal charges to the applicant and shall inform the applicant of the right to appeal the accuracy and completeness of the record pursuant to rules adopted by the Vermont Crime Information Center. No person shall confirm the existence or nonexistence of criminal record information to any person who would not be eligible to receive the information pursuant to this subchapter.

    (c)(1) Except as provided in subdivision (2) of this subsection, a registered caregiver may serve only one registered patient at a time, and a registered patient may have only one registered caregiver at a time. A registered patient may serve as a registered caregiver for one other registered patient.

    (2) A registered patient who is under 18 years of age may have two registered caregivers. (Added 2003, No. 135 (Adj. Sess.), § 1; amended 2011, No. 65, § 1, eff. June 2, 2011; 2013, No. 119 (Adj. Sess.), § 14; 2013, No. 155 (Adj. Sess.), § 2; 2013, No. 194 (Adj. Sess.), § 5, eff. June 17, 2014; 2017, No. 65, § 3; repealed on March 1, 2022 by 2019, No. 164 (Adj. Sess.), § 11.)