§ 9719. Obligations of State agencies
(a) Not later than March 1, 2012, and from time to time thereafter, the Commissioner,
in consultation with all appropriate agencies and organizations, shall adopt rules
pursuant to 3 V.S.A. chapter 25 to effectuate the intent of this chapter. The rules shall cover at least one optional
form of an advance directive with an accompanying form providing an explanation of
choices and responsibilities, the Vermont DNR/COLST form as outlined in subsection 9708(b) of this title, the use of experimental treatments, a DNR identification, revocation of a DNR identification,
and consistent statewide emergency medical standards for DNR/COLST orders and advance
directives for patients and principals in all settings. The Commissioner shall also
provide, but without the obligation to adopt a rule, optional forms for advance directives
for individuals with disabilities, limited English proficiency, and cognitive translation
needs.
(b)(1) Within one year of the effective date of this chapter, the Commissioner shall develop
and maintain a registry to which a principal may submit his or her advance directive,
including a terminal care document and a durable power of attorney. The rules shall
describe when health care providers, health care facilities, and residential care
facilities may access an advance directive in the registry. In no event shall the
information in the registry be accessed or used for any purpose unrelated to decision
making for health care or disposition of remains, except that the information may
be used for statistical or analytical purposes as long as the individual’s identifying
information remains confidential.
(2)(A) Within one year of the effective date of this chapter, the Commissioner shall adopt
rules pursuant to 3 V.S.A. chapter 25 on the process for securely submitting, revoking, amending, replacing, and accessing
the information contained in the registry. The rules shall provide for incorporation
into the registry of notifications of amendment, suspension, or revocation under subsection 9704(c) of this title and revocations of appointment under subsection 9704(d) of this title.
(B) The Commissioner shall provide to any individual who submits an advance directive
to the registry a sticker that can be placed on a driver’s license or identification
card indicating that the holder has an advance directive in the registry.
(c)(1) Within one year of the effective date of this chapter, the Commissioner shall provide
on the Department’s public website information on advance directives and the registry
to appropriate State offices. The Commissioner shall also include information on advance
directives, and on the registry and the optional forms of an advance directive.
(2) Within one year of the effective date of this chapter, the Commissioner of Motor Vehicles
shall provide motor vehicle licenses and identity cards, as soon as existing licenses
or cards have been depleted, which allow the license holder or card holder to indicate
that he or she has an advance directive and whether it is in the registry. (Added 2005, No. 55, § 1, eff. Sept. 1, 2005; amended 2005, No. 215 (Adj. Sess.), § 339; 2011, No. 60, § 14, eff. June 1, 2011; 2023, No. 6, § 247, eff. July 1, 2023.)