The Vermont Statutes Online

Title 18 : Health

Chapter 231 : Advance Directives for Health Care, Disposition of Remains, and Surrogate Decision Making

Subchapter 001 : ADVANCE DIRECTIVES AND DISPOSITION OF REMAINS

• § 9713. Immunity

  (a) No individual acting as an agent, guardian, or surrogate shall be subjected to criminal or civil liability for making a decision in good faith pursuant to the terms of an advance directive, or DNR order, or COLST order and the provisions of this chapter.

  (b)(1) No health care provider, health care facility, residential care facility, or any other person acting for or under such person’s control shall, if the provider or facility has complied with the provisions of this chapter, be subject to civil or criminal liability for:

  (A) providing or withholding treatment or services in good faith pursuant to the direction of a principal or patient, the provisions of an advance directive, a DNR order, a COLST order, a DNR identification, the consent of a principal or patient with capacity or of the principal’s or patient’s agent, guardian, or surrogate, or a decision or objection of a principal or patient; or

  (B) relying in good faith on a suspended or revoked advance directive, suspended or revoked DNR order, or suspended or revoked COLST order, unless the provider or facility knew or should have known of the suspension, or revocation.

  (2) A funeral director, crematory operator, cemetery official, procurement organization, or any other person acting for or under such person’s control, shall, if the director, operator, official, or organization has complied with the provisions of this chapter, not be subject to civil or criminal liability for providing or withholding its services in good faith pursuant to the provisions of an advance directive, whether or not the advance directive has been suspended or revoked.

  (3) Nothing in this subsection shall be construed to establish immunity for the failure to follow standards of professional conduct and to exercise due care in the provision of services.

  (c) No employee shall be subjected to an adverse employment decision or evaluation for:

  (1) Providing or withholding treatment or services in good faith pursuant to the direction of a principal or patient, the provisions of an advance directive, a DNR order, a COLST order, a DNR identification, the consent of the principal or patient with capacity or principal’s or patient’s agent, guardian, or surrogate, a decision or objection of a principal or patient, or the provisions of this chapter. This subdivision shall not be construed to establish a defense for the failure to follow standards of professional conduct and to exercise due care in the provision of services.

  (2) Relying on an amended, suspended, or revoked advance directive, unless the employee knew or should have known of the amendment, suspension, or revocation.

  (3) Providing notice to the employer of a moral or other conflict pursuant to subdivision 9707(b)(3) of this title, so long as the employee has provided ongoing health care until a new employee or provider has been found to provide the services. (Added 2005, No. 55, § 1, eff. Sept. 1, 2005; amended 2005, No. 215 (Adj. Sess.), § 336; 2011, No. 60, § 13, eff. June 1, 2011; 2015, No. 136 (Adj. Sess.), § 1, eff. Jan. 1, 2018.)