Vermont S 28: An act relating to selling or dispensing a regulated drug with death resulting

Bill Text

No. 20 Page 1 of 25
2025

VT LEG #383719 v.1
No. 20. An act relating to access to certain legally protected health care
services.
(S.28)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 1 V.S.A. § 150 is amended to read:
§ 150. LEGALLY PROTECTED HEALTH CARE ACTIVITY
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(b)(1) “Legally protected health care activity” means:
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(4) The protections applicable to persons who engage in “legally
protected health care activity” shall also apply to a person who has previously
undertaken one or more acts or omissions while in another U.S. jurisdiction to
aid or encourage, or attempt to aid or encourage, any person in the exercise and
enjoyment, or attempted exercise and enjoyment, of rights to reproductive
health care services or gender-affirming health care services that would have
been protected by this State if they had been undertaken in this State, provided
that the acts or omissions were permissible under the laws of the jurisdiction in
which the person was located at the time they were undertaken.
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Sec. 2. 1 V.S.A. § 317(c) is amended to read:
(c) The following public records are exempt from public inspection and
copying:
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No. 20 Page 2 of 25
2025

VT LEG #383719 v.1
(44) Records held by the Office of Professional Regulation, Board of
Medical Practice, or another public agency that issues one or more licenses,
certificates, or registrations to engage in a State-regulated profession or
occupation if the records contain the telephone number, email address,
physical address, or mailing address, or a combination of these, of an
individual who has applied for or has been granted a license, certificate, or
registration to practice a profession or occupation in this State, except that the
public agency shall disclose any address that the individual has designated as a
public address in the record.
Sec. 3. 3 V.S.A. § 129a is amended to read:
§ 129a. UNPROFESSIONAL CONDUCT
(a) In addition to any other provision of law, the following conduct by a
licensee constitutes unprofessional conduct. When that conduct is by an
applicant or person who later becomes an applicant, it may constitute grounds
for denial of a license or other disciplinary action. Any one of the following
items or any combination of items, whether the conduct at issue was
committed within or outside the State, shall constitute unprofessional conduct:
(1) Fraudulent or deceptive procurement or use of a license.
(2) Advertising, including advertising about health care services, that is
intended or has a tendency to deceive or mislead.
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No. 20 Page 3 of 25
2025

VT LEG #383719 v.1
(6) Delegating professional responsibilities, including the delivery of
health care services, to a person whom the licensed professional knows, or has
reason to know, is not qualified by training, experience, education, or licensing
credentials to perform them, or knowingly providing professional supervision
or serving as a preceptor to a person who has not been licensed or registered as
required by the laws of that person’s profession.
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(21) Permitting one’s name or license to be used by a person, group, or
corporation when not actually in charge of or responsible for, or actively
overseeing the professional services provided.
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(f)(1) Health care providers. Notwithstanding subsection (e) of this section
or any other law to the contrary, no health care provider who is certified,
registered, or licensed in Vermont shall be subject to professional disciplinary
action by a board or the Director, nor shall a board or the Director take adverse
action on an application for certification, registration, or licensure of a
qualified health care provider, based solely on:
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(2) Definitions. As used in this subsection:
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No. 20 Page 4 of 25
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VT LEG #383719 v.1
(B) “Health care services” means services for the diagnosis,
prevention, treatment, cure, or relief of a physical or mental health condition,
including counseling, procedures, products, devices, and medications.
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Sec. 4. 9 V.S.A. chapter 63, subchapter 11 is amended to read:
Subchapter 11. Pregnancy Services Centers Health Care Services
§ 2491. FINDINGS; LEGISLATIVE INTENT
(a) Findings. The General Assembly finds that:
(1) Centers that seek to counsel clients against abortion, often referred to
as crisis pregnancy centers or limited-services pregnancy centers, have become
common across the country, including in Vermont. Accurate information
about the services that a limited-services pregnancy center performs, in
addition to forthright acknowledgement of its limitations, is essential to enable
individuals in this State to make informed decisions about their care. This
includes individuals being informed of whether they are receiving services
from a licensed and qualified health care provider at a limited-services
pregnancy center, as this allows individuals to determine if they need to seek
medical care elsewhere in order to continue or terminate a pregnanc