Vermont S 163: An act relating to housing safety and rehabilitation

Bill Text

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No. 92. An act relating to the role of advanced practice providers in
hospital care.
(S.163)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 18 V.S.A. § 1851 is amended to read:
§ 1851. DEFINITIONS
As used in this subchapter:
(1) “Advanced practice registered nurse” or “APRN” means an
individual licensed under 26 V.S.A. chapter 28, subchapter 2.
(2) “Hospital” means a hospital required to be licensed under chapter 43
of this title.
(2)(3) “Patient” means a person an individual admitted to a hospital on
an inpatient basis.
(4) “Physician” means an individual licensed under 26 V.S.A. chapter
23 or 33.
(5) “Physician assistant” means an individual licensed under 26 V.S.A.
chapter 31.
Sec. 2. 18 V.S.A. § 1852 is amended to read:
§ 1852. PATIENTS’ BILL OF RIGHTS; ADOPTION
(a) The General Assembly hereby adopts the “Bill of Rights for Hospital
Patients” as follows:

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(1) The patient has the right to considerate and respectful care at all
times and under all circumstances with recognition of his or her the patient’s
personal dignity.
(2) The patient shall have an attending physician, physician assistant, or
APRN who is responsible for coordinating a the patient’s care.
(3) The patient has the right to obtain, from the physician, physician
assistant, or APRN coordinating his or her the patient’s care, complete and
current information concerning diagnosis, treatment, and any known prognosis
in terms the patient can reasonably be expected to understand. If the patient
consents or if the patient is incompetent or unable to understand, immediate
family members or a guardian may also obtain this information. The patient
has the right to know by name the attending physician, physician assistant, or
APRN primarily responsible for coordinating his or her the patient’s care.
(4) Except in emergencies, the patient has the right to receive from the
patient’s physician, physician assistant, or APRN information necessary to
give informed consent prior to the start of any procedure or treatment, or both.
Such information for informed consent should include the specific procedure
or treatment, or both; the medically significant risks involved; and the probable
duration of incapacitation. Where medically significant alternatives for care or
treatment exist, or when the patient requests information concerning medical
alternatives, the patient has the right to such information. The patient also has

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the right to know the name of the person responsible for the procedures or
treatment, or both.
* * *
(7) The patient has the right to expect that all communications and
records pertaining to his or her the patient’s care shall be treated as
confidential. Only medical personnel, or individuals under the supervision of
medical personnel, directly treating the patient, or those persons monitoring the
quality of that treatment, or researching the effectiveness of that treatment,
shall have access to the patient’s medical records. Others may have access to
those records only with the patient’s written authorization.
* * *
(9) The patient has the right to know the identity and professional status
of individuals providing service to him or her the patient and to know which
physician, physician assistant, APRN, or other practitioner is primarily
responsible for his or her the patient’s care. This includes the patient’s right to
know of the existence of any professional relationship among individuals who
are treating him or her the patient, as well as the relationship to any other
health care or educational institutions involved in his or her the patient’s care.
* * *
(11) The patient has the right to expect reasonable continuity of care.
The patient has the right to be informed by the attending physician, physician

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assistant, or APRN of any continuing health care requirements following
discharge.
* * *
(13) The patient has the right to know what hospital rules and
regulations apply to his or her the patient’s conduct as a patient.
* * *
(b) Failure to comply with any provision of this section may constitute a
basis for disciplinary action against a physician under 26 V.S.A. chapter 23 or
33, against a physician assistant under 26 V.S.A. chapter 31, or against an
APRN under 26 V.S.A. chapter 28. A complaint may be filed with the Board
of Medical Practice or the Office of Professional Regulation as applicable
based on the license held by the practitioner.
(c) A summary of the hospital’s obligations under this section, written in
clear language and in easily readable print, shall be distributed to patients upon
admission and posted conspicuously at each nurse’s station. Such notice shall
also indicate that as an alternative or in addition to the hospital’s complaint
procedures, the patient may directly contact the licensing agency, the Office of