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Searching 2023-2024 Session

The Vermont Statutes Online

The Vermont Statutes Online have been updated to include the actions of the 2023 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.

Title 18 : Health

Chapter 113 : Patient Choice at End of Life

(Cite as: 18 V.S.A. § 5281)
  • § 5281. Definitions

    As used in this chapter:

    (1) “Bona fide physician-patient relationship” means a treating or consulting relationship in the course of which a physician has completed a full assessment of the patient’s medical history and current medical condition, including a personal physical examination.

    (2) “Capable” means that a patient has the ability to make and communicate health care decisions to a physician, including communication through persons familiar with the patient’s manner of communicating if those persons are available.

    (3) “Health care facility” shall have the same meaning as in section 9432 of this title.

    (4) “Health care provider” means a person, partnership, corporation, facility, or institution licensed or certified or authorized by law to administer health care or dispense medication in the ordinary course of business or practice of a profession.

    (5) “Impaired judgment” means that a person does not sufficiently understand or appreciate the relevant facts necessary to make an informed decision.

    (6) “Interested person” means:

    (A) the patient’s physician;

    (B) a person who knows that he or she is a relative of the patient by blood, civil marriage, civil union, or adoption;

    (C) a person who knows that he or she would be entitled upon the patient’s death to any portion of the estate or assets of the patient under any will or trust, by operation of law, or by contract; or

    (D) an owner, operator, or employee of a health care facility, nursing home, or residential care facility where the patient is receiving medical treatment or is a resident.

    (7) “Palliative care” shall have the same definition as in section 2 of this title.

    (8) “Patient” means a person who is 18 years of age or older and under the care of a physician.

    (9) “Physician” means an individual licensed to practice medicine under 26 V.S.A. chapter 23 or 33.

    (10) “Terminal condition” means an incurable and irreversible disease which would, within reasonable medical judgment, result in death within six months.

    (11) “Health care services” means services for the diagnosis, prevention, treatment, cure, or relief of a health condition, illness, injury, or disease.

    (12) “Telemedicine” means the delivery of health care services such as diagnosis, consultation, or treatment through the use of live interactive audio and video over a secure connection that complies with the requirements of the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191. (Added 2013, No. 39, § 1, eff. May 20, 2013; amended 2021, No. 97 (Adj. Sess.), § 1, eff. April 27, 2022; 2023, No. 10, § 1, eff. May 2, 2023.)