Vermont H 75: An act relating to household products containing hazardous substances

Bill Text

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VT LEG #379402 v.1
H.75 1
Introduced by Representative Cordes of Bristol 2
Referred to Committee on 3
Date: 4
Subject: Health; health care professionals; patient choice at end of life; 5
DNR/COLST orders 6
Statement of purpose of bill as introduced: This bill proposes to authorize 7
naturopathic physicians, nurse practitioners, and physician assistants to 8
participate in the process established in Vermont’s patient choice at end-of-life 9
laws. It would also allow naturopathic physicians to sign and issue do-not-10
resuscitate (DNR) orders and clinician orders for life-sustaining treatment 11
(COLST). 12
An act relating to clinician participation in patient choice at end of life and 13
DNR/COLST orders 14
It is hereby enacted by the General Assembly of the State of Vermont: 15
Sec. 1. 18 V.S.A. chapter 113 is amended to read: 16
CHAPTER 113. PATIENT CHOICE AT END OF LIFE 17
§ 5281. DEFINITIONS 18
As used in this chapter: 19

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VT LEG #379402 v.1
(1) “Bona fide physician-patient clinician-patient relationship” means a 1
treating or consulting relationship in the course of which a physician clinician 2
has completed a full assessment of the patient’s medical history and current 3
medical condition, including a personal physical examination. 4
(2) “Capable” means that a patient has the ability to make and 5
communicate health care decisions to a physician clinician, including 6
communication through persons familiar with the patient’s manner of 7
communicating if those persons are available. 8
(3) “Health care facility” shall have has the same meaning as in section 9
9432 of this title. 10
(4) “Health care provider” means a person, partnership, corporation, 11
facility, or institution licensed or certified or authorized by law to administer 12
health care or dispense medication in the ordinary course of business or 13
practice of a profession. 14
(5) “Impaired judgment” means that a person does not sufficiently 15
understand or appreciate the relevant facts necessary to make an informed 16
decision. 17
(6) “Interested person” means: 18
(A) the patient’s physician clinician; 19
(B) a person who knows that he or she is a relative of the patient is 20
related to that person by blood, civil marriage, civil union, or adoption; 21

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VT LEG #379402 v.1
(C) a person who knows that he or she would be entitled, upon the 1
patient’s death, that person would be entitled to any portion of the estate or 2
assets of the patient under any will or trust, by operation of law, or by contract; 3
or 4
(D) an owner, operator, or employee of a health care facility, nursing 5
home, or residential care facility where the patient is receiving medical 6
treatment or is a resident. 7
(7) “Palliative care” shall have has the same definition as in section 2 of 8
this title. 9
(8) “Patient” means a person who is 18 years of age or older and under 10
the care of a physician clinician. 11
(9) “Physician” “Clinician” means an individual who is licensed: 12
(A) to practice medicine under 26 V.S.A. chapter 23 or 33; 13
(B) as an advanced practice registered nurse under 26 V.S.A. chapter 14
28 to practice as a certified nurse practitioner; 15
(C) as a physician assistant under 26 V.S.A. chapter 31; or 16
(D) as a naturopathic physician under 26 V.S.A. chapter 81. 17
(10) “Terminal condition” means an incurable and irreversible disease 18
which that would, within reasonable medical judgment, result in death within 19
six months. 20

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VT LEG #379402 v.1
(11) “Health care services” means services for the diagnosis, prevention, 1
treatment, cure, or relief of a health condition, illness, injury, or disease. 2
(12) “Telemedicine” means the delivery of health care services such as 3
diagnosis, consultation, or treatment through the use of live interactive audio 4
and video over a secure connection that complies with the requirements of the 5
Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-6
191. 7
§ 5282. RIGHT TO INFORMATION 8
The rights of a patient under section 1871 of this title to be informed of all 9
available options related to terminal care and under 12 V.S.A. § 1909(d) to 10
receive answers to any specific question about the foreseeable risks and 11
benefits of medication without the physician’s clinician withholding any 12
requested information exist regardless of the purpose of the inquiry or the 13
nature of the information. A physician clinician who engages in discussions 14
with a patient related to such risks and benefits in the circumstances described 15
in this chapter shall not be construed to be assisting in or contributing to a 16
patient’s independent decision to self-administer a lethal dose of medication, 17
and such discussions shall not be used to establish civil or criminal liability or 18
professional disciplinary action. 19

BILL