§ 1311. Definitions
As used in this chapter:
(1) “Practice of medicine” means:
(A) using the designation “Doctor,” “Doctor of Medicine,” “Physician,” “Dr.,” “M.D.,”
or any combination thereof in the conduct of any occupation or profession pertaining
to the prevention, diagnosis, or treatment of human disease or condition unless the
designation additionally contains the description of another branch of the healing
arts for which one holds a valid license in Vermont;
(B) advertising, holding out to the public, or representing in any manner that one is
authorized to practice medicine in the jurisdiction;
(C) offering or undertaking to prescribe, order, give, or administer any drug or medicine
for the use of any other person;
(D) offering or undertaking to prevent, diagnose, correct, or treat in any manner or by
any means, methods, or devices any disease, illness, pain, wound, fracture, infirmity,
defect, or abnormal physical or mental condition of any person, including the management
of all aspects of pregnancy, labor and delivery, and postpartum care;
(E) offering or undertaking to perform any surgical operation upon any person;
(F) rendering a written or otherwise documented medical opinion concerning the diagnosis
or treatment of a patient or the actual rendering of treatment to a patient within
the State by a physician located outside the State as a result of the transmission
of individual patient data by electronic or other means from within the State to the
physician or his or her agent; or
(G) rendering a determination of medical necessity or a decision affecting the diagnosis
or treatment of a patient.
(2) “Board” means the Board of Medical Practice established under section 1351 of this title.
(3) “License” means license to practice medicine and surgery in the State as defined in
subchapter 3 of this chapter. “Licensee” includes any individual licensed or certified
by the Board.
(4) “Medical director” means, for purposes of this chapter, a physician who is Board-certified
or Board-eligible in his or her field of specialty, as determined by the American
Board of Medical Specialties (ABMS), and who is charged by a health maintenance organization
with responsibility for overseeing all clinical activities of the plan in this State,
or his or her designee.
(5) “Health maintenance organization,” as used in this section, has the same meaning as
in 18 V.S.A. § 9402(9).
(6) “Members” means members of the Board.
(7) “Secretary” means the secretary of the Board. (Amended 1975, No. 249 (Adj. Sess.), § 1; 1999, No. 133 (Adj. Sess.), § 49; 2001, No. 129 (Adj. Sess.), § 20, eff. June 13, 2002; 2003, No. 34, § 4, eff. May 23, 2003; 2009, No. 25, § 10; 2011, No. 61, § 2, eff. June 2, 2011; 2015, No. 97 (Adj. Sess.), § 60; 2019, No. 126 (Adj. Sess.), § 1.)