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Patient Safety in Vermont

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The Department of Health must establish a patient safety surveillance and improvement program to improve patient safety and support quality improvement efforts by health care facilities.1 Health care facilities must report adverse events to the Department of Health.2 All information regarding patient safety maintained by the department is confidential and privileged.3 The department may impose monetary penalties on any health care facility that fails to comply with reporting requirements.4

The Department of Mental Health must also systematically review patient deaths or injuries to ensure patient safety.5

Residents of nursing homes have the right to be free from abuse and unnecessary chemical and physical restraints.6 The Department of Disabilities, Aging, and Independent Living must establish the Office of the Long-Term Care Ombudsman to represent patients who receive long-term care.7 Residents of nursing homes have the right to file a grievance with the long-term care ombudsman.8 Any health care professional or facility must report the instance of abuse, neglect or exploitation of a patient, whose identity must be kept confidential unless the patient consents to disclosure or upon court order.9 The Department of Disabilities, Aging, and Independent Living must investigate any report of abuse, neglect or exploitation.10 The department must maintain a registry of all substantiated reports which may be made available to the public.11

A health care professional may be disciplined for unprofessional conduct, which includes practicing medicine in a manner that is incompetent or negligent or abusing patients.12 Every health care facility and insurer must report to the appropriate licensing board any health care professional who was disciplined or was a defendant in a malpractice lawsuit.13 The Department of Health must maintain a public database that contains information on health care professionals who committed malpractice.14

 

Footnotes

  • 1. 18 Vermont Statues §§1912; 1913
  • 2. 18 Vermont Statues §§1915; 1916; 1919; 7257; 9405b
  • 3. 18 Vermont Statues §1917
  • 4. 18 Vermont Statues §1918
  • 5. 18 Vermont Statues §§7258; 7408
  • 6. 18 Vermont Statues §7301
  • 7. 33 Vermont Statues §§7501; 7502; 7503; 7504; 7505; 7506; 7507; 7508; 7509
  • 8. 33 Vermont Statues §§7302
  • 9. 33 Vermont Statues §§6903; 6904; 6908; 6909
  • 10. 33 Vermont Statues §§6906; 6907; 6913; 6914
  • 11. 33 Vermont Statues §6911
  • 12. 3 Vermont Statutes §129a
  • 13. 3 Vermont Statutes §128
  • 14. 26 Vermont Statutes §1368

 

Patient Safety in Vermont

Subtopic Statute/Regulation Description
Patient Safety 12-4 Vt. Code R. 200:2 - Nursing facility licensing under the Agency of Human Services regulations “Nursing facility licensing under the Agency of Human Services regulations” A nursing facility must report the following to the...
12-4 Vt. Code R. 200:3 - Residents’ rights of the agency of human services regulation “Residents’ rights of the agency of human services regulation” A nursing facility must establish written policies and procedures...
12-4 Vt. Code R. 202:5 - Resident care and home services under the Agency of Human Services regulations “Resident care and home services under the Agency of Human Services regulations” A nursing home must determine if a resident has an...
12-4 Vt. Code R. 202:6 - Nursing home resident’s rights under the Agency of Human Services regulations “Resident’s rights under the Agency of Human Services regulations” Nursing homes must establish and adhere to a written policy...
12-4 Vt. Code R. 203:5 - Resident care and home services under the Agency of Human Services regulations “Resident care and home services under the Agency of Human Services regulations” A home for the terminally ill must maintain records on...
12-4 Vt. Code R. 203:6 - Terminally ill residents’ rights under the Agency of Human Services regulations “Residents’ rights under the Agency of Human Services regulations” Each home for the terminally ill must establish a written policy...
12-4 Vt. Code R. 205:17 - Home health agency patient rights under the Agency of Human Services regulations “Patient rights under the Agency of Human Services regulations” A patient of a home health agency has the following rights: The right...
12-4 Vt. Code R. 205:5 - Requirements for operation of a home health agency under the Agency of Human Services regulations “Requirements for operation under the Agency of Human Services regulations” A home health agency must not discriminate based on age, sex...
12-5 Vt. Code R. 16:1 - General provisions under the Agency of Human Services regulations “General provisions under the Agency of Human Services regulations” The Department of Health must implement the patient safety...
12-5 Vt. Code R. 16:2 - Hospital policies, procedures and reporting related to all adverse events and near misses under the Agency of Human Services regulations “Hospital policies, procedures and reporting related to all adverse events and near misses under the Agency of Human Services regulations...
12-5 Vt. Code R. 16:3 - Hospital policies, procedures and reporting related to intentional unsafe acts under the Agency of Human Services regulations “Hospital policies, procedures and reporting related to intentional unsafe acts under the Agency of Human Services regulations” Each...
12-5 Vt. Code R. 16:4 - Compliance monitoring under the Agency of Human Services regulations “Compliance monitoring under the Agency of Human Services regulations” The patient safety surveillance and improvement system must...
12-6 Vt. Code R. 2:6 - Definitions and general policies under the Agency of Human Services regulations “Definitions and general policies under the Agency of Human Services regulations” An intermediate care facility for the developmentally...
20-4 Vt. Code R. 1100:11 - Discipline regarding nurses under the secretary of state regulations “Discipline under the secretary of state regulations” The Office of Professional Regulation may discipline nurses for unprofessional...
4-5 Vt. Code R. 17:1 - General provisions regarding hospitals under the Department of Financial Regulation regulations “General provisions under the Department of Financial Regulation regulations” Each hospital is required to publish and provide to the...
4-5 Vt. Code R. 17:2 - Responsibilities of hospitals under the Department of Financial Regulation regulations “Responsibilities of hospitals under the Department of Financial Regulation regulations” Each hospital is responsible for publishing a...
4-5 Vt. Code R. 17:3 - Responsibilities of department under the Department of Financial Regulation regulations “Responsibilities of department under the Department of Financial Regulation regulations” The Department of Financial Regulation may...
4-5 Vt. Code R. 17:4 - Community report contents under the Department of Financial Regulation regulations “Community report contents under the Department of Financial Regulation regulations” The following information must be included in...
Vermont Administrative Code § 20-4-1200:4 “Information for licensed optometrists under the secretary of state regulations” An optometrist must follow ethical and professional...
Vermont Administrative Code § 20-4-500:3 “Information for licensed chiropractic physicians under the secretary of state regulations” A chiropractor’s license may be...
Vermont Administrative Code § 20-4-600:5 - Sedation, analgesia, anesthesia: special endorsements, incident reports under the secretary of state regulations “Sedation, analgesia, anesthesia: special endorsements, incident reports under the secretary of state regulations” Each dentist must...
Vt. Stat. Ann. tit. 18, § 1912 - Definitions in relation to the Patient Safety Surveillance And Improvement System under the health law “Definitions under the health law” "Adverse event" is any untoward incident, therapeutic misadventure, iatrogenic injury, or other...
Vt. Stat. Ann. tit. 18, § 1913 - Creation of patient safety surveillance and improvement system “Creation; implementation under the health law” The Department of Health must establish a comprehensive patient safety surveillance and...
Vt. Stat. Ann. tit. 18, § 1915 - Hospital obligations under the health law “Hospital obligations under the health law” Hospitals must develop internal policies and procedures to identify and analyze adverse...
Vt. Stat. Ann. tit. 18, § 1916 - Intentional unsafe in a hospital actions under the health law “Intentional unsafe actions under the health law” A hospital must notify the Department of Health if an intentional unsafe act against...
Vt. Stat. Ann. tit. 18, § 1917 - Protection and disclosure of information held by the department of health under the health law “Protection and disclosure of information under the health law” All information made available to the Department of Health regarding...
Vt. Stat. Ann. tit. 18, § 1918 - Enforcement against hospitals in connection with reporting requirements under the health law “Enforcement under the health law” If the Department of Health determines that a hospital failed to comply with reporting requirements,...
Vt. Stat. Ann. tit. 18, § 1919 - Inclusion of data in hospital community reports under the health law “Inclusion of data in hospital community reports under the health law” The commissioner of health must consult with the commissioner of...
Vt. Stat. Ann. tit. 18, § 7257 - Reportable adverse events in hospitals under the health law “Reportable adverse events under the health law” An acute inpatient hospital, intensive residential recovery facility, agency, or secure...
Vt. Stat. Ann. tit. 18, § 7258 - Review of adverse community events under the health law “Review of adverse community events under the health law” The Department of Mental Health must establish a system that ensure the...
Vt. Stat. Ann. tit. 18, § 7408 - Electroconvulsive therapy under the health law “Electroconvulsive therapy under the health law” The commissioner of mental health must oversee the use of electroconvulsive therapy. The...
Vt. Stat. Ann. tit. 18, § 9405b - Hospital community reports “Hospital community reports under the health law” The commissioner of health must adopt rules establishing a standard format and content...
Vt. Stat. Ann. tit. 26, § 1317 - Unprofessional conduct to be reported to board under the professions and occupations law “Unprofessional conduct to be reported to board under the professions and occupations law” Any hospital, clinic, community mental health...
Vt. Stat. Ann. tit. 26, § 1354 - Unprofessional conduct regarding physicians “Unprofessional conduct under the professions and occupations law” The Board of Medical Practice may find that a healthcare professional...
Vt. Stat. Ann. tit. 26, § 1368 - Data repository; licensee profiles under the professions and occupations law “Data repository; licensee profiles under the professions and occupations law” The Department of Health must create a data repository...
Vt. Stat. Ann. tit. 26, § 1582 - Regulatory authority; unprofessional conduct regarding nurses under the professions and occupations law “Regulatory authority; unprofessional conduct under the professions and occupations law” Registered and licensed practical nurses must...
Vt. Stat. Ann. tit. 26, § 1842 - Unprofessional conduct of osteopathic physicians under the professions and occupations law “Unprofessional conduct under the professions and occupations law” An osteopathic physician must comply with the Office of Professional...
Vt. Stat. Ann. tit. 26, § 3016 - Unprofessional conduct regarding psychologists under the professions and occupations law “Unprofessional conduct under the professions and occupations law” A psychologist must comply with the Office of Professional Regulation...
Vt. Stat. Ann. tit. 26, § 3018 - Telepractice under the professions and occupations law “Telepractice under the professions and occupations law” Psychologists who provide services through electronic means are subject to the...
Vt. Stat. Ann. tit. 26, § 3361 - Unprofessional conduct regarding occupational therapists under the professions and occupations law “Unprofessional conduct under the professions and occupations law” An occupational therapist or occupational therapy assistant must not...
Vt. Stat. Ann. tit. 26, § 4188 - Unprofessional conduct regarding midwives under the professions and occupations law “Unprofessional conduct under the professions and occupations law” A licensed midwife must not engage in unprofessional conduct, which...
Vt. Stat. Ann. tit. 26, § 4464 - Unprofessional conduct regarding speech-language pathologists and audiologists under the professions and occupations law “Unprofessional conduct under the professions and occupations law” Speech-language pathologists and audiologists must not engage in...
Vt. Stat. Ann. tit. 26, § 4714 - Unprofessional conduct regarding respiratory care practitioner under the professions and occupations law “Unprofessional conduct under the professions and occupations law” A respiratory care practitioner must not engage in unprofessional...
Vt. Stat. Ann. tit. 26, § 541 - Disciplinary proceedings; unprofessional conduct regarding Chiropractors under the professions and occupations law “Disciplinary proceedings; unprofessional conduct under the professions and occupations law” Chiropractors must comply with the Office of...
Vt. Stat. Ann. tit. 3, § 128 - Disciplinary action to be reported to the board under the executive law “Disciplinary action to be reported to the board under the executive law” Any hospital, clinic, community mental health center or other...
Vt. Stat. Ann. tit. 3, §129a - Unprofessional conduct under the executive law “Unprofessional conduct under the executive law” The following constitutes unprofessional conduct: Willfully making or filing false...
Vt. Stat. Ann. tit. 33, § 6903 - Reporting suspected abuse, neglect, and exploitation of vulnerable adults under the human services law “Reporting suspected abuse, neglect, and exploitation of vulnerable adults under the human services law” Any health care professional or...
Vt. Stat. Ann. tit. 33, § 6904 - Nature and content of report; to whom made under the human services law “Nature and content of report; to whom made under the human services law” A report of abuse, neglect, or exploitation must be made orally...
Vt. Stat. Ann. tit. 33, § 6906 - Investigation of abuse, neglect, or exploitation under the human services law “Investigation under the human services law” The commissioner of disabilities, aging, and independent living must start an investigation...
Vt. Stat. Ann. tit. 33, § 6908 - Immunity from liability for reporting abuse, neglect, or exploitation under the human services law “Immunity from liability under the human services law” Any person who makes a good faith report of abuse, neglect, or exploitation is...
Vt. Stat. Ann. tit. 33, § 6909 - Retaliatory action by employer prohibited under the human services law “Retaliatory action by employer prohibited under the human services law” An employer may not retaliate against an employee who files a...
Vt. Stat. Ann. tit. 33, § 6911 - Records of abuse, neglect, and exploitation under the human services law “Records of abuse, neglect, and exploitation under the human services law” Information, including the identity of the reporter, obtained...
Vt. Stat. Ann. tit. 33, § 6913 - Penalties; abuse; neglect; exploitation; mandatory reporter’s failure to report under the human services law “Penalties; abuse; neglect; exploitation; mandatory reporter’s failure to report under the human services law” A person who...
Vt. Stat. Ann. tit. 33, § 7501 - Definitions concerning long-term care under the human services law “Definitions under the human services law” (2) “Long-term care facility” means a residential care home or an assisted living...
Vt. Stat. Ann. tit. 33, § 7502 - Office of the long-term care ombudsman established under the human services law “Office of the long-term care ombudsman established under the human services law” The Office of the Long-Term Care Ombudsman is...
Vt. Stat. Ann. tit. 33, § 7506 - Disclosure of information held by the long-term care ombudsman under the human services law “Disclosure of information under the human services law” An ombudsman may not disclose the identity of a complainant or a resident of a...
Vt. Stat. Ann. tit. 33, §7302 - Adoption of grievance procedure in nursing homes under the human services law “Adoption of grievance procedure under the human services law” The state board of health must require every nursing home to submit a plan...
Vt. Stat. Ann. tit. 33, §7503 - Responsibilities of the long-term care ombudsman office under the human services law “Responsibilities of the office under the human services law” The Office of the Long-Term Care Ombudsman must: Investigate and...
Vt. Stat. Ann. tit. 33, §7504 - Authority of the long-term care ombudsman under the human services law “Authority of the state ombudsman under the human services law” In the fulfilling the responsibilities of the Office of the Long-Term...
Vt. Stat. Ann. tit. 33, §7505 - Cooperation of state agencies with long-term care ombudsman requests under the human services law “Cooperation of state agencies under the human services law” All state agencies must comply with reasonable requests of the ombudsman for...
Vt. Stat. Ann. tit. 33, §7507 - Ombudsman immunity under the human services law “Immunity under the human services law” An ombudsman is not civilly liable for good faith performance of his duties.
Vt. Stat. Ann. tit. 33, §7508 - Interference and retaliation concerning the long-term care ombudsman under the human services law “Interference and retaliation under the human services law” A person who intentionally hinders the Office of the Long-Term Care Ombudsman...
Vt. Stat. Ann. tit. 33, §7509 - Ombudsman conflict of interest under the human services law “Conflict of interest under the human services law” The Department of Disabilities, Aging and Independent Living must prohibit any...
Click on the individual state law in the table above to see our summary of the individual law.


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