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House Calendar
Thursday, January 30, 2014
24th DAY OF THE ADJOURNED SESSION
House Convenes at 1:00 P.M.
TABLE OF CONTENTS
Page No.
ACTION CALENDAR
Third Reading
H. 563
Captive insurance laws and accreditation standards ......................... 281
H. 609
Terminating propane service ............................................................. 281
H. 702
Self-generation and net metering ...................................................... 281
S. 27
An act relating to respectful language in the Vermont Statutes Annotated
....................................................................................................................... 281
Committee Bill for Second Reading
H. 735
Executive Branch and Judiciary fees ................................................. 281
Rep. Branagan for Ways and Means
Favorable with Amendment
H. 373
Updating and reorganizing Title 33 ................................................... 281
Rep. Pugh for Human Services
Action Under Rule 52
J.R.H. 15
Urging Congress to support H.R. 485, The National Nurse Act of
2013 ............................................................................................................... 364
Consent Calendar
H.C.R. 206
Congratulating Green Mountain RSVP on its 40th anniversary of
community service ......................................................................................... 365
H.C.R. 207
Congratulating the Rutland Gift-of-Life Marathon on establishing
a new national one-day blood donation record .............................................. 365
H.C.R. 208
Recognizing the role of registered nurses in the delivery of quality
health care in Vermont .................................................................................. 365
H.C.R. 209
Congratulating the Vermont Cynic on its 130th anniversary .... 365
H.C.R. 210
Congratulating the 2013 Woodstock Union High School Wasps
Division III championship football team ....................................................... 365
H.C.R. 211
In memory of Chet Briggs of Calais .......................................... 365
H.C.R. 212
Recognizing the innovative cross-cultural mission of the Izdahar
arts exchange organization ............................................................................ 365
H.C.R. 213
In memory of Margaret Hurley Franzen of Montpelier ............ 365
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ORDERS OF THE DAY
ACTION CALENDAR
Third Reading
H. 563
An act relating to captive insurance laws and accreditation standards
H. 609
An act relating to terminating propane service
H. 702
An act relating to self-generation and net metering
S. 27
An act relating to respectful language in the Vermont Statutes Annotated
Committee Bill for Second Reading
H. 735
An act relating to Executive Branch and Judiciary fees.
(Rep. Branagan of Georgia
will speak for the Committee on
Ways and
Means.)
Favorable with Amendment
H. 373
An act relating to updating and reorganizing Title 33
Rep. Pugh of South Burlington,
for the Committee on
Human Services,
recommends the bill be amended by striking all after the enacting clause and
inserting in lieu thereof the following:
Sec. 1.
33 V.S.A. chapter 1 is redesignated to read:
CHAPTER
1.
DEPARTMENT
OF
PREVENTION,
ASSISTANCE,
TRANSITION, AND HEALTH ACCESS FOR CHILDREN AND FAMILIES
Sec. 2.
33 V.S.A. § 101 is amended to read:
§ 101.
SOCIAL WELFARE POLICY OF THE STATE OF VERMONT
It is the policy of the State of Vermont that:
(1)
Its social and child welfare programs shall provide assistance and
benefits to persons of the State in proven need thereof and eligible for such
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assistance and benefits under the provisions of this title;.
(2)
It is the purpose of its social and child welfare laws to establish and
support programs which contribute to the prevention of dependency and social
maladjustment; and contribute to the rehabilitation and protection of persons of
the State.
(3)
Assistance and benefits shall be administered promptly, with due
regard for the preservation of family life, and without restriction of individual
rights or discrimination on account of race, religion, political affiliation, or
place of residence within the State;.
(4)
Assistance and benefits shall be so administered as to maintain and
encourage dignity, self-respect, and self-reliance.
It is the legislative intent
that assistance granted shall be adequate to maintain a reasonable standard of
health and decency based on current cost of living indices.
Notwithstanding
this subdivision, the Department will amend rules that establish new maximum
Reach
Up
grant
amounts
only
when
the
General
Assembly
has
taken
affirmative action to increase or decrease the Reach Up financial assistance
appropriation.
(5)
The programs of the Department for Children and Families shall be
designed to strengthen family life for the care and protection of children; to
assist and encourage the use by any family of all available personal and
reasonable community resources to this end; and to provide substitute care of
children only when the family, with the use of available resources, is unable to
provide the necessary care and protection to assure the right of any child to
sound health and to normal physical, mental, spiritual, and moral development.
Sec. 3.
33 V.S.A. § 102 is amended to read:
§ 102.
DEFINITIONS AND CONSTRUCTION
(a)
Unless otherwise expressly provided, the words and phrases in this
chapter mean As used in this chapter:
(1)
Aid:
―Aid‖ means financial assistance.
(2)
Assistance (when ―Assistance,‖ when not modified by an adjective):
adjective, means general assistance or public assistance, or both.
(3)
Benefits:
―Benefits‖ means aid or commodities furnished under
chapter 17 of this title.
(4)
Commissioner:
the Commissioner for Children and Families
―Commissioner‖ means the Commissioner for Children and Families.
(5)
Department:
the
Department
for
Children
and
Families
―Department‖ means the Department for Children and Families.
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(6)
Federal department (or federal agency):
―Federal department‖ or
―federal agency‖ means a department or agency of the United States of
America.
(7)
Guardian:
―Guardian‖ means a legal guardian appointed by a
Probate Division of the Superior Court or by a court in a divorce or other
proceeding or action.
(8)
Public assistance:
―Public assistance‖ means aid provided by the
Department under Title IV, XVI, or XIX of the Social Security Act.
(9)
Regulation:
―Regulation‖ means a rule or regulation.
(10)
Secretary:
―Secretary‖ means the Secretary of the federal
Department of Health and Human Services.
(11)
Social Security Act:
―Social Security Act‖ means the federal
Social Security Act and rules and regulations made thereunder, as amended at
any time.
(12)
[Deleted.]
(13)
[Deleted.]
(b)
The laws relating to the programs of the Department for Children and
Families and its programs shall be construed liberally to carry out the policies
stated in this chapter.
Sec. 4.
33 V.S.A. § 103 is amended to read:
§ 103.
COMPOSITION OF DEPARTMENT
The Department for Children and Families, created under pursuant to
3 V.S.A. § §§ 212 and 3084, shall consist of the Commissioner for Children
and Families and all divisions, councils, boards, committees, and offices within
the Department.
Sec. 5.
33 V.S.A. § 104 is amended to read:
§ 104.
FUNCTION AND POWERS OF DEPARTMENT
(a)
The department Department shall administer all laws specifically
assigned to it for administration.
(b)
In addition to other powers vested in it by law, the department
Department may:
(1)
Provide aid required for the administration of the following
programs of and services:
(A)
Aid to the aged, blind, and disabled.
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(B)
Aid
to
needy
families
with
children Reach
Up financial
assistance and support services.
(C)
Community work and training.
[Repealed.]
(D)
Federal supplementary Supplemental
Nutrition
Assistance
Program benefits.
(E)
General assistance.
(F)
Medical assistance.
(G)
Public assistance programs funded with state general funds or the
Temporary Assistance to Needy Families (TANF) block grant.
(2)
Cooperate with the appropriate federal agencies in receiving, to the
extent available, federal funds in support of programs which the department
Department administers.
(3)
Submit plans and reports, make regulations, and in other respects
comply with the provisions of the social security act Social Security Act which
pertain to programs administered by the department Department.
(4)
Receive and disburse funds which are assigned, donated, or
bequeathed to it for charitable purposes or for the benefit of recipients of
assistance or, benefits, or social services.
This subdivision shall not be
construed to require the Department to accept funds or trusts when the
Commissioner, with the approval of the Governor, considers it in the best
interests of the State to refuse them.
(5)
Receive in trust and expend in accordance with the provisions of the
trust, funds, and property assigned, donated, devised, or bequeathed to it for
charitable purposes or for the benefit of recipients of assistance or, benefits, or
social services.
Trust funds accepted by the department Department shall be
safely invested by the state treasurer State Treasurer.
Real property received in
trust
may,
at
the
discretion
of
the commissioner Commissioner,
be
administered by the department of buildings and general services of the agency
of administration Department of Buildings and General Services of the Agency
of Administration.
Neither this nor the preceding This subdivision shall not be
construed to require the department Department to accept funds or trusts, when
the commissioner Commissioner, with the approval of the governor Governor,
considers it in the best interests of the state State to refuse them.
(6)
Aid and assist in charitable work as in the judgment of the
commissioner Commissioner will best promote the general welfare of the state
State.
(7)
Visit all institutions, homes, places, and establishments soliciting
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public support and located in the state, State which are devoted to or used for
the care of needy persons.
(8)
Visit all institutions, homes, places, and establishments providing
room, board, or care to persons receiving social services or benefits from the
Department.
(9)
Supervise and control children under its care and custody and
provide for their care, maintenance, and education.
(c)
The Department for Children and Families, in cooperation with the
Department of Corrections, shall have the responsibility to administer a
comprehensive program, developed by the Commission on Juvenile Justice
established pursuant to 3 V.S.A. § 3085c, for youthful offenders and children
who commit delinquent acts, including utilization of probation services; of a
range of community-based and other treatment, training, and rehabilitation
programs; and of secure detention and treatment programs when necessary in
the interests of public safety, designed with the objective of preparing those
children to live in their communities as productive and mature adults.
Sec. 6.
33 V.S.A. § 105 is amended to read:
§
105.
COMMISSIONER;
APPOINTMENT,
TERM,
DUTIES, AND
POWERS
(a)
[Repealed.]
(b)
The commissioner Commissioner may exercise the powers and perform
duties required for effective administration of the department Department, and
he or she shall determine the policies of the department Department.
(c)(b)
In addition to other duties imposed by law, the commissioner
Commissioner shall:
(1)
Administer the laws assigned to the department Department.
(2)
Fix standards and issue regulations necessary to administer those
laws and for the custody and preservation of records of the department
Department.
Those regulations shall contain provisions restricting the use or
disclosure of information contained in the
records to purposes
directly
connected with the administration of the department Department.
As used in
this subdivision, the word ―records‖ includes records, papers, files, and
communications.
(3)
Appoint all necessary assistants, prescribe their duties, and issue
regulations necessary to assure that the assistants shall hold merit system status
while
in
the
employ
of
the department Department,
unless
otherwise
specifically provided by law.
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(4)
[Repealed.]
(d)(c)
The commissioner, Commissioner or the governor Governor,
whenever the federal law so provides, may cooperate with the federal
government in providing relief and work relief, and community work and
training programs in the state State.
(e)(d)
The commissioner Commissioner, with the approval of the attorney
general Attorney General, may enter into reciprocal agreements with social and
child welfare agencies in other states in matters relating to social welfare,
children, and families.
(e)
The Commissioner shall ensure the provision of services to children and
adolescents with a severe emotional disturbance in coordination with the
Secretary of Education and the Commissioners of Mental Health and of
Disabilities, Aging, and Independent Living in accordance with the provisions
of chapter 43 of this title.
(f)
Notwithstanding
any
other
provision
of
law, the commissioner
Commissioner may delegate to any appropriate employee of the Department
any of the administrative duties and powers imposed on him or her by law,
with the exception of the duties and powers enumerated in this section.
The
delegation of authority and responsibility shall not relieve the commissioner
Commissioner of
accountability
for
the
proper
administration
of
the
department Department.
(g)
The Commissioner may publicly disclose findings or information about
any case of child abuse or neglect that has resulted in the fatality or near
fatality of a child, including information obtained under chapter 49 of this title,
unless the State’s Attorney or Attorney General who is investigating or
prosecuting any matter related to the fatality requests the Commissioner to
withhold disclosure, in which case the Commissioner shall not disclose any
information until completion of any criminal proceedings related to the fatality
or until the State’s Attorney or Attorney General consents to disclosure,
whichever occurs earlier.
Sec. 7.
33 V.S.A. § 111(b) is amended to read:
(b)
A person shall not:
(1)
Publish, use, disclose, or divulge any of those records for purposes
not directly connected with the administration of programs of the department
Department,
or
contrary
to
regulations
issued
by
the
commissioner
Commissioner; or
* * *
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Sec. 8.
REPEAL
33 V.S.A. § 113 (desertion and nonsupport, information from governmental
entities and public utilities) is repealed.
Sec. 9.
REPEAL
33 V.S.A. § 115 (access to financial records of deposit accounts of
individuals who owe overdue child support) is repealed.
Sec. 10.
33 V.S.A. § 116 is added to read:
§ 116.
STATE-PLACED STUDENTS
To enable a school district to determine if a student is a State-placed
student, as defined in 16 V.S.A. § 11(a)(28), the Commissioner for Children
and Families shall immediately notify the superintendent of schools for the
school district educating the student if the parent or parents of a student under
the care and custody of the Commissioner move from or into that school
district.
Sec. 11.
REPEAL
33 V.S.A. § 132 (remedies; penalty) is repealed.
Sec. 12.
33 V.S.A. § 141 is amended to read:
§ 141.
FRAUD
(a)
A person who knowingly fails, by false statement, misrepresentation,
impersonation, or other fraudulent means, to disclose a material fact used in
making a determination as to the qualifications of to determine whether that
person is qualified to receive aid or benefits under a State or federally funded
assistance
program,; or
who
knowingly
fails
to
disclose
a
change
in
circumstances in order to obtain or continue to receive under a program aid or
benefits to which he or she is not entitled or in an amount larger than that to
which he or she is entitled,; or who knowingly aids and abets another person in
the commission of any such act shall be punished as provided in section 143 of
this title.
(b)
A person who knowingly uses, transfers, acquires, traffics, alters,
forges, or possesses,; or who knowingly attempts to use, transfer, acquire,
traffic, alter, forge, or possess,; or who knowingly aids and abets another
person in the use, transfer, acquisition, traffic, alteration, forgery, or possession
of a food stamp, food stamp identification Supplemental Nutrition Assistance
Program
benefit card,
authorization
for
the
purchase
of food
stamps
Supplemental Nutrition Assistance Program benefits, certificate of eligibility
for medical services, or Medicaid State health care program identification card
in a manner not authorized by law shall be punished as provided in section 143
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of this title.
For the purposes of this section, the value of an authorization to
purchase food stamps shall be the difference between the coupon allotment and
the amount paid by the recipient for that allotment.
(c)
A person who administers a State or federally funded assistance
program who fraudulently misappropriates, attempts to misappropriate, or aids
and abets in the misappropriation of a food stamp Supplemental Nutrition
Assistance Program benefit, authorization for food stamps Supplemental
Nutrition Assistance Program benefits, food stamp a Supplemental Nutrition
Assistance Program benefit identification card, certificate of eligibility for
prescribed medicine, Medicaid State health care program identification card, or
assistance from any other State or federally funded program with which he or
she has been entrusted or of which he or she has gained possession by virtue of
his or
her
position,; or
who
knowingly
misappropriates,
attempts
to
misappropriate, or aids or abets in the misappropriation of funds given in
exchange for food stamps Supplemental Nutrition Assistance Program benefits
shall be punished as provided in section 143 of this title.
(d)
A person who knowingly files, attempts to file, or aids and abets in the
filing of a claim for services to a recipient of benefits under a State or federally
funded assistance program for services which were not rendered,; or who
knowingly files a false claim or a claim for unauthorized items or services
under such a program,; or who knowingly bills the recipient of benefits under
such a program or his or her family for an amount in excess of that provided
for by law or regulation,; or who knowingly fails to credit the State or its agent
for payments received from Social Security, insurance, or other sources,; or
who in any way knowingly receives, attempts to receive, or aids and abets in
the receipt of unauthorized payment as provided herein shall be punished as
provided in section 143 of this title.
* * *
Sec. 13.
33 V.S.A. chapter 1, subchapter 6 is added to read:
Subchapter 6.
Licensing and Registration
§ 151.
LICENSING AND REGISTRATION; VIOLATIONS
This subchapter shall apply to all licenses, registrations, and applications for
licenses and registrations which the Commissioner or the Department may
issue or grant, unless otherwise specifically provided.
(1)
The Commissioner shall adopt rules governing applications for and
issuance, revocation, term, and renewal of licenses and registrations.
In the
regulations, he or she may prescribe standards and conditions to be met,
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records to be kept, and reports to be filed.
Licenses and registration shall be
for a term of one year from issuance unless otherwise prescribed by regulation.
(2)
Premises covered by a license or registration may be visited and
inspected by the Department at reasonable hours.
A person who accepts a
license or registration shall permit visits and inspections and examinations of
the records he or she is required to keep.
(3)
A license or registration may be revoked for cause after hearing and
may be suspended in situations which immediately imperil the health, safety,
or well-being of persons in the care of the licensee or registrant.
(4)
Before a license is granted, the Department shall visit and inspect the
premises for which the license is requested and make further inquiry and
investigation as the Commissioner may direct.
Before a family child care
home registration
is
granted,
the
Department
shall
make
inquiry
and
investigation.
Inquiry and investigation may include a visit to and inspection
of the premises for which the registration is requested.
Further inquiry and
investigation may be made as the Commissioner may direct.
(5)
Whenever the Attorney General has reason to believe that a facility
required by the Commissioner to be licensed or registered is being operated
without such license or registration, the Attorney General may bring an action
for equitable relief in the name of the State against the operator of such facility
to restrain such operation.
The action may be brought in the Superior Court of
the county in which the facility is located.
The Court is authorized to grant
equitable relief to restrain and prevent such operation.
(6)
Any person who violates the terms of an injunction or restraining
order issued under subdivision (5) of this section shall forfeit and pay to the
State a civil penalty of not more than $100.00 for each violation.
In such
cases, the Attorney General acting in the name of the State may petition for
recovery of such civil penalty.
(7)
Whenever the Department determines that a licensed child care
facility or registered family child care home has violated a health or safety
rule, the facility or home shall post the Department’s notice of violation in a
conspicuous place in the facility or home.
In the case of a serious violation, as
defined by the Department by rule, the facility or home shall also notify by
mail a person responsible for the welfare of each child attending that facility or
home.
A serious violation shall include violation of group size and staffing
requirements and any violation involving a situation which immediately
imperils the health, safety, or well-being of persons in the care of the licensee
or registrant.
§ 152.
ACCESS TO RECORDS
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(a)
The Commissioner may obtain from the Vermont Crime Information
Center the record of convictions of any person to the extent the Commissioner
has determined by rule that such information is necessary to regulate a facility
or individual subject to regulation by the Department.
The Commissioner shall
first notify the person whose record is being requested.
(b)
The owner or operator of a facility licensed or registered by the
Department may ask the Commissioner for the record of convictions and the
record of substantiated reports of child abuse of a current employee or a person
to whom the owner or operator has given a conditional offer of employment.
The request shall be in writing and shall be accompanied by a release signed
by the current or prospective employee.
The owner or operator shall inform
the current or prospective employee that he or she has the right to appeal the
accuracy and completeness of the record.
Upon receiving a request under this
subsection, the Commissioner shall ask the Vermont Crime Information Center
for the record of convictions of the current or prospective employee.
(c)
If the person has a record of convictions, the Commissioner shall
provide the owner or operator with a copy of the record.
If the person has a
record of substantiated reports of child abuse, the Commissioner shall inform
the requesting owner or operator that such record exists.
(d)
Information released to an owner or operator under this section shall not
be released or disclosed by the owner or operator to any other person.
Release
or disclosure of such information by an owner or operator may result in the
loss of the license or registration.
(e)
As used in this section:
(1) ―Commissioner‖ means the Commissioner for Children and Families
or the Commissioner’s designee.
(2) ―Employee‖ shall include volunteers.
(3) ―Substantiated reports of child abuse‖ means reports of child abuse
substantiated under section 4915 of this title.
(4)
―Volunteer‖ means an individual who, without compensation,
provides services through a public or private organization.
Sec. 14.
REPEAL
33 V.S.A. chapter 3 (Department for Children and Families) is repealed.
Sec. 15.
33 V.S.A. chapter 5 is redesignated to read:
CHAPTER
5.
DEPARTMENT
OF DISABILITIES,
AGING,
AND
INDEPENDENT LIVING PROGRAMS
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Sec. 16.
33 V.S.A. § 502 is amended to read:
§ 502.
DEFINITIONS
As used in this chapter:
* * *
(7) ―Older persons‖ mean means individuals who have attained the age
of 60 years.
(8) ―Persons with disabilities‖ mean means individual Vermonters who
have functional limitations by virtue of physical, psychiatric, cognitive, or
psychological conditions.
* * *
Sec. 17.
REPEAL
33 V.S.A. chapters 7 (Office of Alcohol and Drug Abuse) and 8 (Alcohol
and Drug Abuse Counselors) are repealed.
Sec. 18.
33 V.S.A. § 900 is amended to read:
§ 900.
DEFINITIONS
Unless otherwise required by the context, the words and phrases in this
chapter shall be defined as follows:
(1) ―Agency‖ means Agency of Human Services.
(2) ―Director‖ means the Director of Rate Setting.
(3) ―Division‖ means the Division of Rate Setting.
(4)
―State-assisted‖ means a person eligible for or receiving benefits
administered by or in coordination with the Agency.
(5)
―Provider‖ means any entity, excluding a hospital or a physician,
providing services to State-assisted persons pursuant to a contract or other
form of agreement with the State.
(6)(5)
―Secretary‖ means the Secretary of Human Services.
(6)
―State-assisted‖ means a person eligible for or receiving benefits
administered by or in coordination with the Agency.
Sec. 19.
33 V.S.A. § 904(b) is amended to read:
(b)
No payment shall be made to any nursing home, on account of any
State-assisted person, unless the nursing home is certified to participate in the
State/federal
medical
assistance
program
and
has
in
effect
a
provider
agreement.
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Sec. 20.
33 V.S.A. § 905(a) is amended to read:
(a)
Consistent with the objectives established under section 901 of this title,
the Division shall develop a payment system based on cost categories
established for each nursing home.
The system shall include no fewer than the
following three cost categories:
(1)
Direct care costs, which refer, at a minimum, to nursing salaries and
nursing assistant wages, fringe benefits, and payroll taxes associated therewith.
(2)
Indirect costs, which refer to all operating costs not established
under subdivision (1) of this subsection.
(3)
Property and related costs.
(4)
At the discretion of the Director, the cost categories referred to in
subdivisions (1)-(3) (1) through (3) of this subsection may be subdivided.
Facilities may also be divided into groups, based on considerations such as size
or other appropriate determinants within each cost category or subdivision
thereof.
Sec. 21.
33 V.S.A. § 908(b) is amended to read:
(b)
The division Division shall have the power to examine books and
accounts of any nursing home or other provider caring for state-assisted
State-assisted persons, to subpoena witnesses and documents, to administer
oaths to witnesses, and to examine them on all matters of which the division
Division has jurisdiction.
Sec. 22.
33 V.S.A. § 910 is amended to read:
§ 910.
AVAILABILITY OF PAYMENT FOR NURSING HOME SERVICES
In addition to any other reductions required by this act, the secretary
Secretary may, with 90 days’ notice to the nursing home, reduce the number of
days of nursing home service or the number of nursing home beds for which
payments are available under the state/federal State/federal medical assistance
program in order to meet state State budgetary goals, provided that the
standards of care, required by section 7117 of this title and by rule, adopted by
January 1, 1997, are maintained.
Sec. 23.
33 V.S.A. § 1101 is amended to read:
§ 1101.
DEFINITIONS
As used in this chapter:
(1)
―Able-to-work‖ means to be free of any physical, emotional, or
mental condition that would prevent the individual from engaging in any
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combination of the work activities, identified in subdivisions 1101(28)(A)
through (E) of this title, section for at least 35 hours per week.
(2)
―Able-to-work-part-time‖ means having a physical, emotional, or
mental condition that would allow the individual to engage in any combination
of the work activities, identified in subdivisions 1101(28)(A) through (E) of
this title, section for at least 10 hours per week but would prevent the
individual from engaging in such activities for 35 or more hours per week.
* * *
Sec. 24.
33 V.S.A. § 1103 is amended to read:
§ 1103.
ELIGIBILITY AND BENEFIT LEVELS
* * *
(c)
The Commissioner shall adopt rules for the determination of eligibility
for the Reach Up program and benefit levels for all participating families that
include the following provisions:
* * *
(5)
The value of assets accumulated from the earnings of adults and
children in participating families and from any federal or Vermont earned
income tax credit shall be excluded for purposes of determining continuing
eligibility for the Reach Up program.
The asset limitation shall be increased
from $1,000.00 to $2,000.00 for participating families for the purposes of
determining continuing eligibility for the Reach Up program.
* * *
(g)
The Commissioner shall use the family composition rules applicable to
the welfare demonstration project established pursuant to No. 106 of the Acts
of the 1993 Adj. Sess. (1994) 1994 Acts and Resolves No. 106 in determining
eligibility and benefit levels for a financial assistance grant.
* * *
Sec. 25.
33 V.S.A. § 1104 is amended to read:
§ 1104.
ABANDONMENT OR DESERTION; REPORTING
Forthwith upon Immediately upon granting assistance for the benefit of a
dependent child who has been abandoned or deserted by a parent, the
commissioner Commissioner shall give notice to the appropriate prosecuting
officer charged with the duty of enforcing laws relating to the abandonment or
desertion of children or minors.
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Sec. 26.
33 V.S.A. § 1107 is amended to read:
§ 1107.
CASE MANAGEMENT; FAMILY DEVELOPMENT PLANS;
COORDINATED SERVICES
* * *
(d)
The Commissioner of Education Secretary of Education, with the
assistance and support of the Commissioners for Children and Families; of
Disabilities, Aging, and Independent Living; and of Labor, shall develop and
implement
comparable
and
reciprocally
recognized
literacy
assessment
protocols that will be used for all clients seeking adult basic education adult
education and literacy services,; related services of the Agency of Education or
the services of the Departments of Disabilities, Aging, and Independent
Living; of Labor; or for Children and Families, when such services are being
sought for the purpose of developing or strengthening competencies or skills
related to the clients’ current or future employment.
Such protocols shall, to
the extent practicable, utilize the same terminology and apply comparable
criteria, consistent with individual program purposes and authorization, in
determining when testing, other standardized measurement tools, or referrals to
relevant professionals for evaluation or diagnosis are appropriate.
(e)
The Secretary shall work cooperatively with public and private, local,
and regional entities:
(1)
to develop subsidized jobs with employers, using the same health
and safety standards in effect for unsubsidized jobs;
(2)
to develop work placements that incorporate an adult basic education
adult education and literacy component into the hours of work for participants
who need to continue to work on their secondary education while fulfilling
their work requirement;
(3)
to adopt rules which set priorities for services of benefit to the
people of Vermont, and which prevent displacement of previous unsubsidized
workers by subsidized Reach Up program participants; and
(4)
to ensure that necessary support services are available, appropriate,
and within a reasonable distance, including child care, health care, and
transportation.
* * *
Sec. 27.
33 V.S.A. § 1113 is amended to read:
§ 1113.
WORK REQUIREMENTS
* * *
- 295 -
(b)(1)
The work requirement shall become effective as soon as the
participating adult is work-ready, or upon the family’s receipt of 12 cumulative
months of financial assistance, whichever is sooner, unless at the end of the
12-cumulative-month period the participant’s case manager concludes that the
participant is unable to meet the hours of the applicable unmodified work
requirement, as established in subsection (c) of this section.
In such cases, the
case manager shall prepare a written request on behalf of the participant for an
extension of up to six months.
The request shall identify the particular reasons
why the participant is unable to meet the work requirement and the remedial
actions and services to be provided to the recipient to enable fulfillment of the
requirement.
The request shall be submitted to the district director and
Commissioner or the Commissioner’s designee for approval.
The request shall
be approved unless the participant is able to meet the work requirement or a
modified work requirement established in accordance with section 1114 of this
title.
* * *
(c)
The hours of the work requirement shall be as follows:
* * *
(3)
All other able-to-work participants and able-to-work-part-time
participants who are not subject to the work requirement established by
subdivision (1) of this subsection, or who are exempted from the work
requirement in accordance with subdivision (2) of this subsection, shall comply
with the following requirements:
* * *
(d)(1)
A participant required to fulfill a work requirement shall accept any
unsubsidized job he or she is capable of performing, even if it pays wages that
are less than the financial assistance grant.
In cases in which monthly wages
are less than the financial assistance grant and the family is otherwise eligible,
the wages shall be supplemented with a partial financial assistance grant.
The
Commissioner shall establish by rule criteria for jobs that must be accepted if
offered, including the criterion that each job must pay at least minimum wage.
(2)
A participating adult who had wages in the three months prior to his
or her application for financial assistance that, when annualized, equal or
exceed 150 percent of the federal poverty level applicable to the participating
adult’s family shall not be required to accept employment with annualized
earnings of less than 150 percent of the federal poverty level applicable to the
participating adult’s family, for the three-month period after being deemed
eligible for financial assistance, provided that the participant:
- 296 -
* * *
(e)
The Commissioner may require a participant to participate in a job
search, coordinated by the Commissioner, for the number of hours per week
that corresponds to the participant’s work requirement hours under subsection
(c) of this section, or a lesser amount that in combination with the participant’s
unsubsidized employment equals the participant’s work requirement hours
under subsection (c) of this section.
(f)
Notwithstanding any other provision of this chapter, a participant’s
hours of unpaid work activities that are not primarily education, job search, job
readiness activities, or training activities shall not exceed the levels established
by the Fair Labor Standards Act.
Adjustments required to conform with the
Fair Labor Standards Act shall be made pursuant to calculation standards
established by the Commissioner by rule.
Sec. 28.
33 V.S.A. § 1116 is amended to read:
§ 1116.
SANCTIONS
* * *
(b) Prior to the reduction in a family’s financial assistance grant resulting
from a sanction imposed under this section, the Department shall provide an
independent review of the participant’s circumstances and the basis for his or
her noncompliance.
The district
director Commissioner or
the district
director’s Commissioner’s designee shall perform the review.
* * *
(i)
A family sanctioned under this section for failure to meet work or
family development plan requirements shall remain eligible for Food Stamps
Supplemental Nutrition Assistance Program benefits and shall not, because of
such failure, be sanctioned under the Food Stamp program Supplemental
Nutrition Assistance Program for reasons of ―failure to comply without good
cause‖ and ―voluntary quit without good cause,‖ provided that such eligibility
and waivers of such sanctions are consistent with federal law and regulations
governing
the Food
Stamp
program Supplemental
Nutrition
Assistance
Program.
Sec. 29.
33 V.S.A. § 1133(a) is amended to read:
(a)
The Department shall transfer the family to Reach Up, a separate State
program, or a solely State-funded program established under chapter 11 of this
title if, after four months of receiving support in Reach First or sooner at the
Department’s discretion, a family is assessed as needing ongoing financial
assistance and the family is financially eligible for Reach Up, a separate State
- 297 -
program, or a solely State-funded program established under chapter 11 of this
title, unless the family chooses not to participate.
Sec. 30.
33 V.S.A. § 1134(a) is amended to read:
(a)
On or before January 31 of each year, the Commissioner shall design
and implement procedures to evaluate, measure, and report to the Governor
and the General Assembly the Department’s progress in implementing Reach
First, Reach Up, and Reach Ahead and achieving the goals of the programs
provided for in sections 1002, 1102, and 1202 of this title.
The report shall
include:
(1)
The the types of barriers facing Reach Up families seeking economic
self-sufficiency,
the
number
of
families
with
each
type
of barrier,
the
frequency of occurrence of each type of barrier, and how support services and
incentives assist in overcoming barriers.;
(2)
Documentation documentation of participant outcomes, including
specific
information
relating
to
the
number
of
persons
employed,
by
occupation, industry, and wage; the types of subsidized and unsubsidized jobs
secured by participants; any available information about outcomes for children
who have participated in the programs, including objective indicators of
improved conditions; the number of participating families involved in training
programs; and whether the support services and incentives assist in keeping
families employed.; and
(3)
Data data about the food stamp Supplemental Nutrition Assistance
Program participation of households who have left the programs during the last
fiscal
year,
including
the
number
of
households,
adults, and
children
participating in the food stamp program Supplemental Nutrition Assistance
Program three months after leaving the applicable program, broken down by
reason for termination or leaving, and the Department’s plan to identify and
assist eligible households to apply for food stamps. Supplemental Nutrition
Assistance Program benefits;
(4)
Data data about the enrollment of individuals who have left the
programs during the last fiscal year in a health care assistance program,
including the number of adults and children enrolled in a health care assistance
program three months after leaving the applicable program, broken down by
reason for termination or leaving, and the Department’s plan to identify and
assist eligible households to apply for health care assistance.;
(5)
A a summary of all interim and final reports submitted by
independent evaluation contractors to the Agency or the Department relating to
the programs.;
- 298 -
(6)
A a description of the work participation rates, including the method
of calculating the caseload reduction credit, for the most recent federal fiscal
year.;
(7)
A a description of the current basic needs budget and housing
allowance, the current maximum grant amounts, and the basic needs budget
and housing allowance adjusted to reflect an annual cost-of-living increase.;
and
(8)
A a summary of the analysis done under subsection (b) of this
section.
Sec. 31.
33 V.S.A. § 1201(9) is amended to read:
(9)
―Food assistance‖ means a monthly benefit to supplement the
family’s
food stamp benefit Supplemental Nutrition Assistance Program
benefits as determined under section 1204 of this chapter.
Sec. 32.
33 V.S.A. § 1203 is amended to read:
§ 1203.
ELIGIBILITY
A family shall be eligible for Reach Ahead if the family resides in
Vermont and:
(1)
has left Reach Up or the postsecondary education program within the
prior six months for employment that meets the work requirements for the
Reach Up program for the family’s size and composition;
(2)
is receiving food stamps Supplemental Nutrition Assistance Program
benefits and has employment that meets the work requirements for Reach Up
for the family’s size and composition; or
(3)
is an individual under 21, has a child, is ineligible for food stamps
Supplemental
Nutrition
Assistance
Program
benefits solely
because
the
individual resides with the individual’s parent, and has employment that meets
the work requirements for Reach Up for the family’s size and composition.
Sec. 33.
33 V.S.A. § 1204(b) is amended to read:
(b)
Food assistance may be used only to purchase eligible food items as
defined in the food stamp Supplemental Nutrition Assistance Program federal
rules and shall be disregarded as income for the purposes of determining food
stamp Supplemental Nutrition Assistance Program eligibility and the amount
of the food stamp Supplemental Nutrition Assistance Program benefits.
Sec. 34.
33 V.S.A. § 1211 is amended to read:
§ 1211.
RECERTIFICATION
- 299 -
A family’s hours of employment and other countable work activities shall
be verified every six months to determine continuing eligibility for the
program.
To
the
extent
possible
for
families
receiving food
stamps
Supplemental Nutrition Assistance Program benefits, income verification may
be done at the same time as the food stamps Supplemental Nutrition Assistance
Program benefit recertification or verification of employment hours.
Sec. 35.
33 V.S.A. § 1303 is amended to read:
§ 1303.
STATE AID TO THE DISABLED
(a)
State aid to the disabled shall be granted to a person who meets the
eligibility requirements of section 1301 of this title and who in addition:
(1)
Is is permanently and totally disabled as defined in Title XVI of the
Social Security Act, as amended, effective January 1, 1974; and
(2)
Is is not, at the date of receiving aid, an inmate of any public
institution.
(b)
An individual is also considered disabled for purposes of this chapter if
he or she was disabled as defined under this chapter and the regulations in
effect under this chapter on December 31, 1973 and received aid under this
chapter for December, 1973, so long as he or she has been, since that time,
continuously disabled.
Sec. 36.
33 V.S.A. § 1304 is amended to read:
§ 1304.
STATE AID TO THE BLIND
(a)
State aid to the blind shall be granted to a person who meets the
eligibility requirements of section 1301 of this title and in addition:
(1)
Is is blind as defined in Title XVI of the Social Security Act, as
amended, effective January 1, 1974; and
(2)
Is is not, at the date of receiving aid, an inmate of any public
institution.
(b)
An individual is also considered blind for purposes of this chapter if he
or she was blind as defined under this chapter and the regulations in effect
under this chapter on December 31, 1973 and received aid under this chapter
for December, 1973, so long as he or she has been, since that time,
continuously blind.
Sec. 37.
33 V.S.A. § 1701 is amended to read:
§ 1701.
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
(a)
The State of Vermont may participate in the federal Supplemental
- 300 -
Nutrition Assistance Program which is provided for under Public Law 88-525,
also known as the Food Stamp and Nutrition Act of 1964, as amended 7 U.S.C.
The Commissioner may adopt, and from time to time amend, or
repeal, regulations rules governing the operation of the program Program in the
state State.
* * *
Sec. 38.
33 V.S.A. § 1900 is added to read:
§ 1900.
DEFINITIONS
As used in this subchapter, unless otherwise indicated:
(1) ―Agency‖ means the Agency of Human Services.
(2)
―Commissioner‖ means the Commissioner of Vermont Health
Access.
(3) ―Department‖ means the Department of Vermont Health Access.
(4)
―Insurer‖ means any insurance company, prepaid health care
delivery plan, self-funded employee benefit plan, pension fund, hospital or
medical service corporation, managed care organization, pharmacy benefit
manager, prescription drug plan, retirement system, or similar entity that is
under an obligation to make payments for medical services as a result of an
injury, illness, or disease suffered by an individual.
(5)
―Legally liable representative‖ means a parent or person with an
obligation of support to a recipient whether by contract, court order, or statute.
(6)
―Provider‖ means any person who has entered into an agreement
with the State to provide any medical service.
(7)
―Recipient‖ means any person or group of persons who receive
Medicaid.
(8) ―Secretary‖ means the Secretary of Human Services.
(9) ―Third party‖ means a person having an obligation to pay all or any
portion of the medical expense incurred by a recipient at the time the medical
service was provided.
The obligation is not discharged by virtue of being
undiscovered or undeveloped at the time a Medicaid claim is paid.
Third
parties include:
(A)
Medicare;
(B)
health insurance, including health and accident but not that
portion specifically designated for ―income protection‖ which has been
- 301 -
considered in determining recipient eligibility to participate in the Medicaid
program;
(C)
medical coverage provided in conjunction with other benefit or
compensation programs, including military and veteran programs or workers’
compensation;
(D)
liability for medical expenses as agreed to or ordered in
negligence suits, support settlements, or trust funds; and
(E)
managed
care
organizations,
pharmacy
benefit
managers,
self-insured plans, and other entities that are, by statute, contract, or agreement,
legally responsible for the payment of a claim for a health care item or service.
(10) ―Tobacco‖ means all products listed in 7 V.S.A. § 1001(3).
(11) ―Tobacco manufacturer‖ means any person engaged in the process
of designing, fabricating, assembling, producing, constructing, or otherwise
preparing a product containing tobacco, including packaging or labeling of
these products, with the intended purpose of selling the product for gain or
profit. "Tobacco manufacturer" does not include persons whose activity is
limited to growing natural leaf tobacco or to selling tobacco products at
wholesale or retail to customers. "Tobacco manufacturer" also does not include
any person who manufactures or produces firearms, dairy products, products
containing alcohol, or other nontobacco products, unless such person also
manufactures or produces tobacco products.
Sec. 39.
33 V.S.A. § 1901(e)(1) is amended to read:
(e)(1)
The Department for Children and Families and the Department of
Vermont Health Access shall monitor and, evaluate, and report quarterly
beginning July 1, 2006 on the disenrollment in each of the Medicaid or
Medicaid waiver programs subject to premiums, including:
* * *
Sec. 40.
33 V.S.A. § 1901e is amended to read:
§ 1901e.
GLOBAL COMMITMENT FUND
* * *
(b)
The monies in the fund Fund shall be disbursed as allowed by
appropriation of the General Assembly, and shall be disbursed by the treasurer
Treasurer on
warrants
issued
by
the
Commissioner
of
Finance
and
Management, when authorized by the Commissioner of Vermont Health
Access and approved by the Commissioner of Finance and Management
consistent with the interdepartmental agreements between the managed care
organization
within
the
Department
of
Vermont
Health
Access
and
- 302 -
departments delivering eligible services under the waiver.
The department of
Vermont health access Department of Vermont Health Access may not modify
an
appropriation
through
an
interdepartmental
agreement
or
any
other
mechanism.
A department or agency authorized to spend monies from this
fund Fund under
an
interdepartmental
agreement
may
spend
monies
appropriated as a base Medicaid expense for an allowable managed care
organization
investment
under Term
and
Condition
57 the
terms
and
conditions of the Global Commitment for Health Medicaid Section 1115
waiver only after receiving approval from the Agency of Human Services.
(c)
At the close of the fiscal year, the Agency shall provide a detailed report
to the Joint Fiscal Committee which describes the managed care organization’s
investments under Term and Condition 57 the terms and conditions of the
Global Commitment for Health Medicaid Section 1115 waiver, including the
amount of the investment and the agency or departments authorized to make
the investment.
Sec. 41.
REPEAL
33 V.S.A. § 1904 (definitions) is repealed.
Sec. 42.
33 V.S.A. § 1906a is amended to read:
§ 1906a.
RECOVERY AGAINST ESTATE; HOMESTEAD EXEMPTIONS
No recovery of medical expenses shall be made under this subchapter
against a homestead; provided that the homestead would pass to one or more
lineal heirs or siblings of the decedent who either have income below 300
percent of the federal poverty level or who have contributed significantly,
monetarily or otherwise, to the decedent so as to allow the decedent to delay or
avoid nursing home placement.
This section shall take effect when the
amended state plan is deemed approved by the Health Care Financing
Administration (HCFA) pursuant to 42 C.F.R. § 430.16.
If such approval is
received after June 30, 1999 the exemption shall be retroactive and apply to all
probate estates opened after June 30, 1999.
If the agency of human services
does not receive approval of the state plan amendment, it shall exhaust all
administrative appeals and seek approval of another state plan amendment at
the
maximum
homestead
value
exemption
the
health
care
financing
administration (HCFA) will allow.
If a maximum homestead value exemption
is approved by HCFA allowed by federal law, then any recoveries due HCFA
to the U.S. Department of Health and Human Services on homesteads valued
between such maximum and $125,000.00 shall be paid through state State
general funds provided the caregiving or poverty standards set forth above in
this section are also met and the probate estate was opened after June 30, 2000.
Sec. 43.
33 V.S.A. § 1907 is amended to read:
- 303 -
§ 1907.
SUBROGATION
To the extent that payment for covered expenses has been made under the
State Medicaid program or through any State agency administering health
benefits or a health benefit plan for which Medicaid is a source of funding for
health care items or services furnished to an individual, in any case where a
third party has a legal liability to make payments, the State is considered to
have acquired the rights of the individual to payment by any other party for
those health care items or services. An insurer shall accept the agency’s right
to recovery and the assignment to the agency of any right of a person to
payment from the third party for medical services for which the Agency has
made payment under this chapter.
Sec. 44.
33 V.S.A. § 1951 is amended to read:
§ 1951.
DEFINITIONS
As used in this subchapter:
(1) ―Assessment‖ means a tax levied on a health care provider pursuant
to this chapter.
(2) ―Core home health care services‖ means those medically-necessary
skilled nursing, home health aide, therapeutic, and persona1 care attendant
services, provided exclusively in the home by home health agencies.
Core
home health services do not include private duty nursing, hospice, homemaker
or physician services, or services provided under early periodic screening,
diagnosis,
and
treatment
(EPSDT),
traumatic
brain
injury
(TBI),
high
technology programs, or services provided by a home for the terminally ill as
defined in subdivision 7102(10) 7102(3) of this title.
* * *
Sec. 45.
33 V.S.A. § 1998(f) is amended to read:
(f)(1)
The Drug Utilization Review Board shall make recommendations to
the Commissioner for the adoption of the preferred drug list.
The Board’s
recommendations
shall
be
based
upon
evidence-based
considerations
of
clinical efficacy, adverse side effects, safety, appropriate clinical trials, and
cost-effectiveness.
―Evidence-based‖ shall have the same meaning as in
18 V.S.A.
The
Commissioner
shall
provide
the
Board
with
evidence-based information about clinical efficacy, adverse side effects, safety,
and appropriate clinical trials and shall provide information about cost-
effectiveness of available drugs in the same therapeutic class.
(2)
The Board shall meet at least quarterly.
The Board shall comply
with the requirements of 1 V.S.A. chapter 5, subchapter 2 (open meetings
Open Meeting Law) and 1 V.S.A. chapter 5, subchapter 3 (open records Public
- 304 -
Records Act), except that the Board may go into executive session to discuss
drug alternatives and receive information on the relative price, net of any
rebates, of a drug under discussion and the drug price in comparison to the
prices, net of any rebates, of alternative drugs available in the same class to
determine cost-effectiveness, and in order to comply with subsection 2002(c)
of this title to consider information relating to a pharmaceutical rebate or to
supplemental rebate agreements, which is are protected from disclosure by
federal law or the terms and conditions required by the Centers for Medicare
and Medicaid Services as a condition of rebate authorization under the
Medicaid program.
* * *
Sec. 46.
33 V.S.A. § 1999(e)(1) is amended to read:
(e)(1)
The prior authorization process shall be designed to minimize
administrative burdens on prescribers, pharmacists, and consumers.
The
provisions of this section shall apply to the Program’s prior authorization
process, except to the extent that different prior authorization rules are
established in section 2004 of this title.
Sec. 47.
33 V.S.A. § 2003 is amended to read:
§ 2003.
PHARMACY DISCOUNT PLANS
* * *
(c)
As used in this section:
* * *
(5) ―Labeler‖ means an entity or person that receives prescription drugs
from a manufacturer or wholesaler and repackages those drugs for later retail
sale and that has a labeler code from the federal Food and Drug Administration
under 21 Code of Federal Regulations, 207.20 (1999) 21 C.F.R. § 207.20.
(6) ―Participating retail pharmacy‖ means a retail pharmacy located in
this State or another business licensed to dispense prescription drugs in this
State that participates in the program according to rules established by the
Department and provides discounted prices to eligible beneficiaries of the
program.
(7)
―Rebate amount‖ means the rebate negotiated by the
director
Director and required from a drug manufacturer or labeler under this section.
In determining the appropriate rebate, the director Director shall:
(A)
take into consideration the rebate calculated under the Medicaid
Rebate Program under section 1396r-8 of Title 42 of the United States Code
- 305 -
42 U.S.C. § 1396r-8, the average wholesale price of prescription drugs, and
any other information on prescription drug prices and price discounts;
(B)
use his or her best efforts to obtain an initial rebate amount equal
to or greater than the rebate calculated under the Medicaid program under
section 1396r-8 of Title 42 of the United States Code 42 U.S.C. § 1396r-8; and
(C)
use his or her best efforts to obtain an amount equal to or greater
than the amount of any discount, rebate, or price reduction for prescription
drugs provided to the federal government.
(8) ―Secondary discounted cost‖ means, under the Healthy Vermonters
program, the price of the drug based on the Medicaid fee schedule, less
payment by the State of at least two percent of the Medicaid rate, less any
rebate amount negotiated by the director Director and paid for out of the
Healthy Vermonters dedicated fund established under subsection (j)(h) of this
section
and,
under
the
Healthy
Vermonters
Plus
program,
the
average
wholesale price of the drug, less payment by the State of at least two percent of
the Medicaid rate, less any rebate amount negotiated by the director Director
and paid for out of the Healthy Vermonters dedicated fund established under
subsection (j)(h) of this section.
(9)
―Without adequate coverage‖ includes
beneficiaries with no
coverage for prescription drugs or certain types of prescription drugs, and
beneficiaries whose annual maximum coverage limit under their health benefit
plan has been reached.
* * *
(f)
The names of drug manufacturers and labelers who do and do not enter
into rebate agreements under pharmacy discount plans are public information.
The Department of Vermont Health Access shall release this information to
health care providers and the public on a regular basis and shall publicize
participation by manufacturers and labelers.
The Department shall impose
prior authorization requirements in the Medicaid program, as permitted by law,
to the extent the Department determines it is appropriate to do so in order to
encourage manufacturer and labeler participation in the pharmacy discount
plans and so long as the additional prior authorization requirements remain
consistent with the goals of the Medicaid program and the requirements of
Title XIX of the federal Social Security Act.
* * *
Sec. 48.
33 V.S.A. § 2071 is amended to read:
§ 2071.
DEFINITIONS
As used in this subchapter:
- 306 -
(1) ―Individual with disabilities‖ means an individual who is under age
65 and is entitled, under the federal Social Security Act, to disability insurance
benefits or is eligible for Medicare.
(2)
―Maintenance drug‖ means a drug approved by the FDA federal
Food and Drug Administration for continuous use and prescribed to treat a
chronic condition for a prolonged period of time of 30 days or longer and
includes insulin, an insulin syringe, and an insulin needle.
(3)
―Medicare
part Part D‖ means the prescription drug program
established
under
the
Medicare
Prescription
Drug,
Improvement
and
Modernization Act of 2003, P.L. 108-173, including the prescription drug
plans offered pursuant to the act.
* * *
Sec. 49.
33 V.S.A. § 2101 is amended to read:
§ 2101.
DEFINITIONS
Unless otherwise expressly provided, the words and phrases in this chapter
mean:
(1)
―District welfare director‖ means an employee of the Agency of
Human Services so designated by the Secretary.
―Commissioner‖ means the
Commissioner
for Children and Families.
* * *
Sec. 50.
33 V.S.A. § 2104 is amended to read:
§ 2104.
APPLICATION OR INFORMATION
(a)
A person may apply for general assistance to the nearest available town
service officer or district welfare director in the manner required person or
persons designated for that purpose by the commissioner Commissioner.
(b)
When a town service officer or district welfare director person
designated by the Commissioner
pursuant to subsection (a) of this section
receives an application for general assistance or is informed that a person is in
need
of
general
assistance,
he
or
she
shall
investigate
and
make
a
determination as to the applicant’s eligibility for general assistance, and
provide under regulations of the department Department emergency assistance
as may be required.
The town service officer shall promptly notify the district
welfare director of all determinations which he or she makes as to an
applicant’s eligibility.
Sec. 51.
33 V.S.A. § 2107(a) is amended to read:
- 307 -
(a)
When
the town
service
officer
or
district
welfare
director
or
Commissioner
or a person designated by the commissioner Commissioner
pursuant to section 2104 of this title has reason to believe that an applicant for
or recipient of general assistance came into the state State for the purpose of
receiving general assistance they, he or she may find the applicant or recipient
ineligible for general assistance.
Sec. 52.
33 V.S.A. § 2109(b) is amended to read:
(b)
Except as provided in subsection (c) of this section, in the case of a
hospital, the
notice
required
in
subsection
(a) of
this
section
shall
be
supplemented, as soon as reasonably possible, with a plan or proposed method
of
collecting
from
the
person
for
relief
and
care, and
other
pertinent
information requested by the department Department.
In the case of a person,
after giving notice required in subsection (a) of this section, he or she shall file
additional information with the department Department on a form prescribed
by the commissioner Commissioner.
Sec. 53.
33 V.S.A. § 2301(d) is amended to read:
(d) As used in this chapter, ―burial‖ means the final disposition of human
remains, including interring or cremating a decedent and the ceremonies
directly related to that cremation or interment at the gravesite; ―Department‖
means the Department for Children and Families; and ―funeral‖ means the
ceremonies prior to burial by interment, cremation, or other method.
Sec. 54.
REDESIGNATION
33 V.S.A. § 2501a (Office of Home Energy Assistance) is redesignated as
33 V.S.A. § 2602a.
Sec. 55.
33 V.S.A. § 2503 is amended to read:
§ 2503.
FUEL GROSS RECEIPTS TAX
* * *
(c)
The tax shall be administered by the Commissioner of Taxes, and all
receipts shall be deposited by the Commissioner in the Home Weatherization
Assistance Trust Fund.
All provisions of law relating to the collection,
administration, and enforcement of the sales and use tax imposed by 32 V.S.A.
chapter 233 shall apply to the tax imposed by this chapter.
(d)
[Repealed.]
(e)
Fuel sellers, which are regulated ―companies‖ as defined in subsection
30 V.S.A. § 201(a), which provide conservation programs that meet the goals
of the weatherization program in a manner approved by the Public Service
Board, and which enhance the weatherization program’s capacity to serve low
- 308 -
income low-income households may be eligible for rebates from the fuel gross
receipts tax imposed under this section.
To establish rebate eligibility, such a
company shall file with the Public Service Board, on or before August 15 of
each year, a request for approval of rebates based on the company’s activities
during the prior fiscal year.
The public service board Public Service Board
shall make a determination of the amount of rebate for each applicant on or
before January 15 of each year, and such amount shall be rebated by the State
Economic Opportunity Office State Office of Economic Opportunity under the
provisions of subsection (g)(f) of this section.
The Public Service Board shall
authorize rebates equal to the expenditures undertaken by the regulated utilities
provided that such expenditures were prudently incurred and cost-effective,
that they provided weatherization services following a comprehensive energy
audit and work plan, except in cases where the fuel seller and weatherization
staff jointly conclude
that the need for weatherization services can be
determined without a comprehensive energy audit, and that they were targeted
to households that meet the eligibility criteria for low income low-income
weatherization services as determined by the Office of Economic Opportunity.
(f)(e)
Unregulated
fuel
sellers that
provide providing conservation
programs that meet the goals of the weatherization program in a manner
approved by the State Economic Opportunity Office State Office of Economic
Opportunity and which that enhance the weatherization program’s capacity to
serve low income low-income households may be eligible for rebates from the
fuel gross receipts tax imposed under this section.
To establish rebate
eligibility, such a company shall file with the State Economic Opportunity
Office State Office of Economic Opportunity, on or before August 15 of each
year, a request for approval of rebates based on the company’s activities during
the prior fiscal year.
The State Economic Opportunity Office State Office of
Economic Opportunity shall make a determination of the amount of rebate for
each applicant on or before January 15 of each year, and such that amount shall
be rebated by the State Economic Opportunity Office State Office of Economic
Opportunity under the provisions of this subsection.
The State Economic
Opportunity Office State Office of Economic Opportunity shall authorize
rebates equal to the expenditures undertaken by the unregulated fuel sellers
provided that such the expenditures were prudently incurred and cost-effective,
that they provided weatherization services following a comprehensive energy
audit and work plan, except in cases where the fuel seller and weatherization
staff jointly conclude
that the need for weatherization services can be
determined without a comprehensive energy audit, and that they were targeted
to households at or below 150 percent of the federally-established federally
established poverty guidelines.
(g)(f)
On or before August 7 of each year, the Director of the State
- 309 -
Economic Opportunity Office State Office of Economic Opportunity shall set
aside a sum of money equaling two and one-half percent of the tax receipts of
the fuel gross receipts tax for the preceding fiscal year in an escrow account.
The monies in the escrow account are to be used for rebate, as approved under
subsections (d) and (e) and (f) of this section, of the gross receipts tax
established in subsection (a) of this section.
Upon approval of rebates, the
Director shall pay the approved rebates out of the escrow account.
In the event
that the approved rebates exceed the amount of money set aside in the escrow
account, the Director shall prorate each rebate.
Any balance of rebate awards
remaining unpaid as a result of proration may be carried forward for payment
in a succeeding year.
If monies set aside exceed approved rebates, then the
balance shall be returned to the fund Trust Fund.
The Director of the State
Economic Opportunity Office State Office of Economic Opportunity shall use
the remainder of the tax receipts of the fuel gross receipts tax for the preceding
fiscal year to assure the provision of weatherization services as described in
subsections 2502(a), (b), and (c) of this title.
(h)(g)
No tax under this section shall be imposed for any quarter ending
after June 30, 2016.
Monies from the escrow account shall be issued for
rebates pursuant to subsection (g)(f) of this section until March 1, 2017.
Sec. 56.
33 V.S.A. § 2604(b) is amended to read:
(b)
Fuel cost requirements.
The Secretary of Human Services or designee
shall by procedure establish a table that contains amounts that will function as
a proxy for applicant households’ annual heating fuel cost for the previous
year.
The seasonal fuel expenditure estimates contained within such the table
shall closely approximate the actual home heating costs experienced by
participants in the Home Heating Fuel Assistance Program.
Data on actual
heating costs collected pursuant to subsection 2602(d) of this title shall be used
in lieu of the proxy table when available.
Such The table shall be revised no
less frequently than every three years based on data supplied by certified fuel
suppliers, the Department of Public Service, and other industry sources to the
office
of
home
heating
fuel
assistance Office
of
Home
Heating
Fuel
Assistance.
The Secretary or designee shall provide a draft of the table to the
Home Energy Assistance Task Force established pursuant to subsection
2501a(c) 2602a(c) of this title and solicit input from the task force Task Force
prior to finalizing the table.
Sec. 57.
33 V.S.A. § 2607(f) is amended to read:
(f)
The Secretary of Human Services or designee shall negotiate with one
or more certified fuel suppliers to obtain the most advantageous pricing and,
payment terms, and delivery methods possible for eligible households.
- 310 -
Sec. 58.
33 V.S.A. § 3303(a) is amended to read:
(a)
The council Council shall
assist state State agencies
and
the
departments in the development, improvement, and coordination of primary
prevention programs and activities at the state State and local levels.
In
providing this service, the council Council shall:
(1)
acquire and provide pertinent research data and technical assistance
related to the development and practice of primary prevention programs;
(2)
develop a state State primary prevention plan that coordinates and
consolidates the primary prevention planning efforts of the state State agencies
and departments specified in section 3304 3305 of this title;
* * *
Sec. 59.
33 V.S.A. § 3304 is amended to read:
§ 3304.
STATE PRIMARY PREVENTION PLAN
* * *
(b)
By July 1, 1984, the Council shall submit a prevention plan to the
Governor and to the Senate and House Committees on health and welfare and
Appropriations.
Such Plan shall incorporate and consolidate the proposals and
recommendations for primary prevention developed by:
(1)
the Agency of Education;
(2)
the Agency of Human Services, including all departments;
(3)
the Department of Motor Vehicles.
(c)
By July 1, 1985, the Council shall submit a revised prevention plan to
the Governor and to the Senate and House Committees on health and welfare
and Appropriations.
The revised plan shall incorporate and consolidate
proposals and recommendations for primary prevention developed by:
(1)
the Office of the Attorney General;
(2)
the Agency of Commerce and Community Development;
(3)
the Department of Labor;
(4)
the Department of Public Safety;
(5)
the Department of Forests, Parks and Recreation.
(d)(b)
By July 1, 1986, and biennially thereafter of each even-numbered
year, the Council shall revise the State primary prevention plan which shall be
submitted to the Governor and the Senate and House Committees on health
and welfare and Appropriations, the House Committee on Human Services, the
- 311 -
House Committee on Appropriations, the Senate Committee on Health and
Welfare, and the Senate Committee on Appropriations.
Sec. 60.
33 V.S.A. § 3305 is amended to read:
§
3305.
IMPLEMENTATION
AND
EVALUATION
OF PRIMARY
PREVENTION PLAN
The state agencies and departments specified in section 3304 this title shall
formulate primary Primary prevention policies and implementation practices
that are consistent with the state primary prevention plan.
Such policies and
practices shall be targeted to specific goals, objectives, and key result areas and
shall be consistent with the State primary prevention plan.
The following
departments and agencies shall formulate the policies and practices:
(1)
the Agency of Education;
(2)
the Agency of Human Services, including all departments;
(3)
the Department of Motor Vehicles;
(4)
the Office of the Attorney General;
(5)
the Agency of Commerce and Community Development;
(6)
the Department of Labor;
(7)
the Department of Public Safety; and
(8)
the Department of Forests, Parks and Recreation.
Sec. 61.
33 V.S.A. § 3501 is amended to read:
§ 3501.
FOSTER CARE AND PLACEMENT LICENSING DIVISION OF
CHILD DEVELOPMENT; DUTIES
(a)
A person, other than an employee of a department within the agency of
human services shall not place any child in foster care for more than 15
consecutive days unless the person has a license from the department to do so
or is an employee of a child placing agency licensed by such department.
(b)
A person shall not receive, board or keep any child in foster care for
more than 15 consecutive days unless he or she has a license from the
department to do so.
This subsection shall not apply to foster homes approved
by a department within the agency of human services or by a licensed child
placing agency nor shall it apply to those facilities where educational or
vocational training is the primary service and foster care is a supportive
service only.
(c)
This section shall not restrict the right of a court, parent, guardian, or
relative to place a child, nor the right of a person not in the business of
- 312 -
providing foster care or child care to receive, board and keep a child when a
valuable consideration is not demanded or received for the child’s care and
maintenance.
The Division of Child Development
shall:
(1)
encourage the development of a comprehensive child care services
system which promotes the wholesome growth and educational development
of children;
(2)
facilitate the development of child care facilities;
(3)
encourage and promote the provision by child care providers of
parenting
education,
developmentally
appropriate
activities,
and
primary
prevention services;
(4)
facilitate cooperation between the private and public sectors to
promote the expansion of child care services;
(5)
promote continuing study of child care needs and the most effective
methods by which these needs can be served through governmental and private
programs;
(6)
coordinate activities of the Division
with other State agencies
serving children and families;
(7)
strive to make the State a model employer by encouraging it to offer
a variety of child care benefit options to its employees;
(8)
provide training for child care providers;
(9)
support resource and referral services for parents and providers; and
(10)
promote the involvement of businesses and communities in the
development of child care services throughout the State by providing technical
assistance to providers and potential providers of child care services.
Sec. 62.
33 V.S.A. § 3502 is amended to read:
§ 3502.
CHILD CARE FACILITIES; SCHOOL AGE SCHOOL-AGE CARE
IN PUBLIC SCHOOLS; 21st CENTURY FUND
* * *
(b)
The following persons are exempted from the provisions of subsection
(a) of this section:
* * *
(2)
A hospital or establishment holding a license issued by the
Department
of
Health,
or
a
person
operating
a
program
primarily
for
- 313 -
recreational or therapeutic purposes, unless the hospital, establishment, or
person provides services for the care, protection, and supervision of children
not incidental to its primary purpose in which case subsection (a) of this
section shall apply to those nonincidental additional services.
* * *
(g)
[Deleted.] [Repealed.]
* * *
Sec. 63.
33 V.S.A. § 3511 is amended to read:
§ 3511.
DEFINITIONS
As used in this chapter:
(1) ―Child‖ means an individual under the age of 13 years of age.
(2)
―Child care facility‖ means any place or program operated as a
business or service on a regular or continuous basis, whether for compensation
or not, whose primary function is protection, care, and supervision of children
under 16 years of age outside their homes for periods of fewer than 24 hours a
day by a person other than a child’s own parent, guardian, or relative, as
defined by rules adopted by the Department for Children and Families, but not
including a kindergarten approved by the State Board of Education.
(2)(3)
―Child care provider‖ means a person licensed or registered by
the Department for Children and Families, or authorized by the Department, to
provide child care.
(3)(4)
―Child care services‖ include developmentally appropriate care
and supervision for children under the age of 13 years of age for fewer than 24
hours a day by a child care provider.
(4)(5)
―Commissioner‖ means the Commissioner for Children and
Families.
(5)(6)
―Division‖ means the Child Development Division.
(6)(7)
―Family child care home‖ means a child care facility which
provides care on a regular basis in the caregiver’s own residence for not more
than 10 children at any one time.
Of this number, up to six children may be
provided care on a full-time basis and the remainder on a part-time basis.
As
used in this subdivision, care of a child on a part-time basis shall mean care of
a school-age child for not more than four hours a day.
These limits shall not
include children who reside in the residence of the caregiver, except:
(A)
these part-time school-age children may be cared for on a
full-day basis during school closing days, snow days, and vacation days which
- 314 -
occur during the school year; and
(B)
during the school summer vacation, up to 12 children may be
cared for provided that at least six of these children are of school age and a
second staff person is present and on duty when the number of children in
attendance exceeds six.
These limits shall not include children who are
required by law to attend school (seven years of age and older) and who reside
in the residence of the caregiver.
(8)
―Training‖ means an activity, approved by the Commissioner or the
Commissioner’s designee,
which that is likely to lead to employment or
required to maintain employment.
Sec. 64.
33 V.S.A. § 3513 is amended to read:
§
3513.
PROTECTIVE
AND
FAMILY
SUPPORT
CHILD
CARE
SERVICES
The division Division shall establish a program which subsidizes, in whole
or in part, the cost of child care services provided to protective services
children or to families for the purpose of preserving, rehabilitating, or
reunifying such families.
Sec. 65.
33 V.S.A. § 3521 is redesignated to read:
§
3521.
CHILD
CARE
FACILITIES
FINANCING
PROGRAM
ESTABLISHED; ADVISORY BOARD
Sec. 66.
33 V.S.A. § 3531 is amended to read:
§ 3531.
CHILD CARE—BUILDING BRIGHT SPACES FOR BRIGHT
FUTURES FUNDS
(a)
A child care facilities financing program is established to facilitate the
development and expansion of child care facilities in the State.
The program
Program shall be administered by the Department for Children and Families.
(b)
The program Program shall be supported from a special fund, to be
known as the ―Building Bright Spaces for Bright Futures Fund,‖ hereinafter
referred to as ―the Bright Futures Fund,‖ hereby created for this purpose to be
administered by the Commissioner for Children and Families.
Subject to
approvals required by 32 V.S.A § 5, the fund Fund may accept gifts and
donations from any source, and the Commissioner may take appropriate
actions to encourage contributions and designations to the account, including
publicizing explanations of the purposes of the Fund and the uses to which the
Bright Futures Fund has been or will be applied.
(c)
Funds appropriated for this program Program shall be used by the
- 315 -
Commissioner to award grants to eligible applicants for the development and
expansion of child care options and community programs targeted for youths
aged 14 through 18 years of age.
These options may include recreational
programs and related equipment or facilities, development or expansion of
child care facilities, and community-based programs which address specific
child
care
and
youth
program
needs
of
the
applicant
region.
The
Commissioner shall establish, by rule, criteria, conditions, and procedures for
awarding such grants and administering this program Program.
Sec. 67.
33 V.S.A. § 4105(e) is added to read:
(e)
A public utility company as defined in 30 V.S.A. § 201(a), or a cable
television company as defined in 30 V.S.A. § 501, when requested by the
Office of Child Support, shall provide the address as it appears in its customer
records of a parent or person named in the request.
Sec. 68.
33 V.S.A. § 4111 is added to read:
§ 4111.
ACCESS TO FINANCIAL RECORDS OF DEPOSIT ACCOUNTS
OF INDIVIDUALS WHO OWE OVERDUE CHILD SUPPORT
(a)
As used in this section:
(1) ―Depositor‖ means an owner of an account in a financial institution
and includes a ―share account holder‖ of a credit union.
(2)
―Financial institution‖ means a trust company, savings bank,
industrial bank, commercial bank, savings and loan association, or credit union
organized under the laws of this State or authorized to do business in this State.
(3) ―Match‖ means an automated comparison by name, Social Security
number, and, if available, date of birth of a list of obligors provided to a
financial institution by the Office and a list of depositors of a financial
institution.
(4) ―Obligor‖ means a person who owes child support.
(5) ―Office‖ means the Office of Child Support.
(6) ―Overdue support‖ means a debt of one-quarter of the annual support
obligation or more for maintenance and support of a child or children and the
obligor had prior notice of the debt and a prior opportunity to contest the
amount owed. ―Overdue support‖ includes spousal support or alimony being
collected in conjunction with child support.
(b)
Upon written request from the Director
of the Office of Child Support
and provided the institution has the technological capacity to perform a match,
a financial institution shall perform a match of obligors who owe overdue child
- 316 -
support.
The Office
shall make its computerized information necessary for a
match available in a form that is compatible with the technology used by the
financial institution that will perform the search.
A financial institution shall
not be required to perform a match under this section more often than once
every quarter.
(c)
After completing a match requested under subsection (b) of this section,
a financial institution shall notify the Office of Child Support.
The notification
shall contain the following information, if available to the financial institution
through its matching procedure, for each account identified:
(1)
the
full name, date of birth, and address of the obligor;
(2)
the Social Security number of the obligor;
(3) the obligor’s account number; and
(4) the amount of deposits contained in the obligor’s account.
(d)
A financial institution shall send a match list compiled under this
section to the Office
at the address designated by the Office.
(e)
The financial institution shall not provide notice in any form to a
depositor contained in a match list submitted to the Office
under subsection (d)
of this section. Failure to provide notice to a depositor shall not constitute a
violation of the financial institution’s duty of good faith to its customers.
(f)
A financial institution may charge the Office
a fee for services provided
under this section provided that the fee shall not exceed the actual costs
incurred by the financial institution.
(g)
The information provided by the Office
to a financial institution under
this section shall be confidential and shall be used only for the purpose of
carrying out the requirements of this section.
Sec. 69.
33 V.S.A. § 4302 is amended to read:
§ 4302.
STATE INTERAGENCY TEAM
(a)
A state State interagency team is created and shall consist of eight
members:
(1)
the director The Director of the division responsible for special
education for the department of education; Agency of Education.
(2)
the department of education’s The Agency of Education’s consultant
for children and adolescents with a severe emotional disturbance;.
(3)
the director The Director of the division responsible for children’s
mental health services for the department of developmental and mental health
- 317 -
services; Department of Mental Health.
(4)
the children’s program specialist for The Chief of the division
responsible for mental health services Children, Adolescents, and Family Unit
in the Division of Children’s Mental Health Services for the department of
developmental and mental health services; Department of Mental Health.
(5)
the director of the division responsible for social services for the
department of social and rehabilitation services; The Deputy Commissioner for
the Family Services Division of the Department for Children and Families.
(6)
the The placement consultant for the division responsible for social
services for the department of social and rehabilitation services; Family
Services Division of the Department for Children and Families.
(7)
a A representative of the secretary of the agency of human services;
Secretary of Human Services.
(8)
a A parent of a child or adolescent with a severe emotional
disturbance.
Such The parent shall receive compensation in accordance with
the provisions of section 1010 of Title 32 V.S.A. § 1010, and such the
compensation shall be paid for by the agency of human services Agency of
Human Services.
(b)
The state State interagency team shall have the following powers and
duties:
(1)
submit Submit an
annual
report
to
the commissioners
of
developmental and mental health services, social and rehabilitation services
Commissioners of Mental Health and for Children and Families and the
Secretary of Education on the status of programs for children and adolescents
with a severe emotional disturbance which shall include a system of care plan.
The system of care plan shall identify the characteristics and number of
children and adolescents with a severe emotional disturbance in need of
services, describe the educational, residential, mental health, or other services
needed, describe the programs and resources currently available, recommend a
plan to meet the needs of such children and adolescents, and recommend
priorities for the continuation or development of programs and resources;.
(2)
ensure that local interagency teams are established by January 1,
1989;
(3)
develop Develop and coordinate the provision of services to children
and adolescents with a severe emotional disturbance;.
(4)(3)
make Make recommendations to the local interagency team for
resolution of any case of a child or adolescent with a severe emotional
- 318 -
disturbance referred by a local interagency team under subsection 4303(f) of
this chapter; and.
(5)(4)
recommend Recommend to the secretary of the agency of human
services
and
to
the
commissioners
of
the
departments
of
education,
developmental and mental health services, and social and rehabilitation
services Secretaries
of
Human
Services
and
of
Education
and
the
Commissioners of Mental Health and for Children and Families any fiscal,
policy, or programmatic change at the local, regional, or state State level
necessary to enhance the state’s State’s system of care for children and
adolescents with a severe emotional disturbance and their families.
Sec. 70.
33 V.S.A. § 4303 is amended to read:
§ 4303.
LOCAL INTERAGENCY TEAMS
(a)
There
shall
be
at
least
one
local
interagency
team
for
each
administrative
district
established
by
the
department
of
social
and
rehabilitation services Department for Children and Families whose permanent
membership shall include:
(1)
the The person from the designated community mental health agency
for that district responsible for coordinating children’s services;.
(2)
the The person managing the family services district office of the
department
of social and rehabilitation services Department for Children and
Families for that district;.
(3)
a A special education administrator from a school district in that
district;.
(4)
a A person designated by the secretary Secretary of the agency of
human services; Human Services.
(5)
a A parent of a child or adolescent with a severe emotional
disturbance.
Such The parent shall receive compensation in accordance with
the provisions of section 1010 of Title 32 V.S.A. § 1010, and such the
compensation shall be paid for by the agency of human services Agency of
Human Services.
* * *
Sec. 71.
33 V.S.A. § 4304a is amended to read:
§ 4304a.
ADVISORY BOARD
(a)
An advisory
board Advisory
Board is
created
to
advise
the
commissioners of developmental and mental health services, social and
rehabilitation
services
and
education Secretary
of
Education
and
the
- 319 -
Commissioners of Mental Health and for Children and Families about children
and adolescents with a severe emotional disturbance and their families.
* * *
Sec. 72.
33 V.S.A. § 4305 is amended to read:
§ 4305.
COORDINATED SYSTEM OF CARE
(a)(1)
Services provided by or through the departments of developmental
and mental health services, social and rehabilitation services and education
Departments of Mental Health and for Children and Families and the Agency
of Education to children and adolescents with a severe emotional disturbance
shall be pursuant to a coordinated services plan, developed in accordance with
the provisions of this chapter.
(2)
Nothing in the provisions of this chapter shall be construed to grant
an entitlement to any child or adolescent with a severe emotional disturbance
to receive any educational, residential, mental health, or other service until and
unless the general assembly General Assembly further provides that such
children and adolescents or any subgroup thereof are so entitled.
(b)(1)
The state board of education and the departments of developmental
and services and social and rehabilitation services State Board of Education,
the Department of Mental Health, and the Department for Children and
Families shall jointly adopt rules by January 1, 1991 implementing the
provisions of this chapter.
Such rules shall:
(1)(A)
provide guidelines for local interagency teams for development
of procedures, with public participation, relating to:
(A)(i)
referral, assessment, development, annual review and revision
of coordinated service plans, and time frames for these activities;
(B)(ii)
fixing responsibility for case management; and
(C)(iii)
notice to parents and guardians and other agencies.
Local interagency teams shall submit procedures developed in accordance
with the rules adopted under this subdivision to the advisory board for review
and comment.
Thereafter, the proposed procedures shall be submitted to the
commissioners, who shall approve the procedures if all the elements of these
subdivisions are satisfied.
(2)(B)
protect the rights of children and adolescents and their parents
and guardians concerning consent and confidentiality; and
(3)(C)
ensure that matters unresolved after state State interagency team
review are subject to procedures for notice, hearing, and decisions of contested
- 320 -
cases consistent with the provisions of 3 V.S.A. chapter 25 of Title 3.
(2)
Local interagency teams shall submit procedures developed in
accordance with the rules adopted under subdivision (1)(A) of this subsection
to the Advisory Board for review and comment.
Thereafter, the proposed
procedures shall be submitted to the Commissioners, who shall approve the
procedures if all the elements specified in subdivision (1)(A) of this subsection
are satisfied.
(c)
The commissioners of developmental and mental health services, social
and rehabilitation services and education Commissioners of Mental Health and
for Children and Families and the Secretary of Education shall jointly submit
to the general assembly General Assembly a report on the status of programs
for children and adolescents with a severe emotional disturbance and their
families which shall include a system of care plan.
The report shall be
submitted together with the general appropriation bill provided for by section
701 of Title 32 V.S.A. § 701.
The system of care plan shall:
* * *
(d)
The secretary of human services and the commissioner of education
shall
report
to
the
general
assembly
by
January
15,
1991
with
their
recommendations concerning the coordination and provision of adequate and
appropriate services to all children with disabilities.
The report shall identify
the characteristics and number of children with disabilities in need of services,
describe the educational, residential, mental health, or other services needed,
describe currently available programs and resources, recommend priorities for
the needs of children with disabilities, and recommend a plan to meet the
continuation or development of programs and resources.
(e)
Nothing contained in this chapter shall be construed to diminish the
rights of children with disabilities, their parents, guardians, or surrogate parents
under federal or state law, including but not limited to confidentiality, consent
for services and evaluation, and parental involvement.
(f)(e)
Nothing
contained
in
this
chapter
shall
entitle
children
and
adolescents with a severe emotional disturbance to special education services
unless they are otherwise eligible for such services under state or federal law.
(g)(f)
Except as otherwise provided in chapter 55 chapters 51, 52, and 53 of
this title, the receipt of appropriate services for a child or adolescent with a
severe emotional disturbance or the child or adolescent’s family, including an
out-of-home placement, shall not be conditioned on placement of the child or
adolescent in the legal custody, protective supervision, or protection of the
department of social and rehabilitation services Department for Children and
Families.
- 321 -
Sec. 73.
REPEAL
33 V.S.A. chapter 45 (Children’s Comprehensive Dental Health Program) is
repealed.
Sec. 74.
33 V.S.A. § 4902 is amended to read:
§ 4902.
DEFINITIONS
Unless otherwise specifically provided, the following words and phrases as
used in this chapter mean:
(1)
Child:
―Child‖ means a person under the age of 18 years of age
committed by the Juvenile Court to the Department for Children and Families
prior to April 14, 1974 and to the Department for Children and Families
thereafter, except that for the purpose of subchapter 1 of chapter 35 of this title,
a child is a person under the age of 16 years.
(2)
Child care facility:
any place or program operated as a business or
service on a regular or continuous basis, whether for compensation or not,
whose primary function is protection, care, and supervision of children under
16 years of age outside their homes for periods of less than 24 hours a day by a
person other than a child’s own parent, guardian, or relative, as defined by
rules adopted by the Department for Children and Families, but not including a
kindergarten approved by the State Board of Education.
―Commissioner‖
means the Commissioner for Children and Families.
(3)
A family child care home:
is a child care facility which provides for
care on a regular basis in the caregiver’s own residence for not more than 10
children at any one time.
Of this number, up to six children may be provided
care on a full-time basis and the remainder on a part-time basis.
For the
purpose of this subdivision, care of a child on a part-time basis shall mean care
of a school-age child for not more than four hours a day.
These limits shall not
include children who reside in the residence of the caregiver; except:
(A)
these part-time school-age children may be cared for on a
full-day basis during school closing days, snow days and vacation days which
occur during the school year; and
(B)
during the school summer vacation, up to 12 children may be
cared for provided that at least six of these children are school age and a
second staff person is present and on duty when the number of children in
attendance exceeds six.
These limits shall not include children who are
required by law to attend school (age seven and older) and who reside in the
residence of the caregiver.
―Department‖ means the Department for Children
and Families.
- 322 -
(4)
Foster care:
―Foster care‖ means care of a child, for a valuable
consideration, in a child-care child care institution or in a family other than that
of the child’s parent, guardian, or relative.
(5)
Commissioner:
the Commissioner for Children and Families.
(6)
Department:
the Department for Children and Families.
Sec. 75.
33 V.S.A. § 4905 is added to read:
§ 4905.
FOSTER CARE AND PLACEMENT LICENSING
(a)
A person other than an employee of a department within the Agency of
Human Services shall not place any child in foster care for more than 15
consecutive days unless the person has a license from the Department to do so
or is an employee of a child-placing agency licensed by that Department.
(b)
A person shall not receive, board, or keep any child in foster care for
more than 15 consecutive days unless he or she has a license from the
Department to do so.
This subsection shall not apply to foster homes approved
by a department within the Agency of Human Services or by a licensed
child-placing agency, nor shall it apply to those facilities where educational or
vocational training is the primary service and foster care is a supportive
service only.
(c)
This section shall not restrict the right of a court, parent, guardian, or
relative to place a child, nor the right of a person not in the business of
providing foster care or child care to receive, board, and keep a child when a
valuable consideration is not demanded or received for the child’s care and
maintenance.
Sec. 76.
33 V.S.A. § 4912 is amended to read:
§ 4912.
DEFINITIONS
As used in this subchapter:
(1)
―Child‖ means an individual under the age of majority ―Abused or
neglected child‖ means a child whose physical health, psychological growth
and development, or welfare is harmed or is at substantial risk of harm by the
acts or omissions of his or her parent or other person responsible for the child’s
welfare. An ―abused or neglected child‖ also means a child who is sexually
abused or at substantial risk of sexual abuse by any person.
(2)
An ―abused or neglected child‖ means a child whose physical health,
psychological growth and development or welfare is harmed or is at substantial
risk of harm by the acts or omissions of his or her parent or other person
responsible for the child’s welfare. An ―abused or neglected child‖ also means
a child who is sexually abused or at substantial risk of sexual abuse by any
- 323 -
person ―Assessment‖ means a response to a report of child abuse or neglect
that focuses on the identification of the strengths and support needs of the child
and the family and any services they may require to improve or restore their
well-being and to reduce the risk of future harm.
The child and family
assessment does not result in a formal determination as to whether the reported
abuse or neglect has occurred.
(3)
―Harm‖ can occur by:
(A)
Physical injury or emotional maltreatment;
(B)
Failure to supply the child with adequate food, clothing, shelter,
or health care.
For the purposes of this subchapter, ―adequate health care‖
includes
any
medical
or
nonmedical
remedial
health
care
permitted
or
authorized under state law.
Notwithstanding that a child might be found to be
without proper parental care under chapter 55 of Title 33, a parent or other
person responsible for a child’s care legitimately practicing his or her religious
beliefs who thereby does not provide specified medical treatment for a child
shall not be considered neglectful for that reason alone; or
(C)
Abandonment of the child ―Child‖ means an individual under the
age of majority.
(4)
―Risk of harm‖ means a significant danger that a child will suffer
serious harm other than by accidental means, which harm would be likely to
cause physical injury, neglect, emotional maltreatment or sexual abuse ―Child
Protection Registry‖ means a record of all investigations that have resulted in a
substantiated report on or after January 1, 1992.
(5)
―A person responsible for a child’s welfare‖ includes the child’s
parent; guardian; foster parent; any other adult residing in the child’s home
who serves in a parental role; an employee of a public or private residential
home, institution or agency; or other person responsible for the child’s welfare
while in a residential, educational, or child care setting, including any staff
person ―Emotional maltreatment‖ means a pattern of malicious behavior which
results in impaired psychological growth and development.
(6)
―Physical
injury‖
means
death,
or
permanent
or
temporary
disfigurement or impairment of any bodily organ or function by other than
accidental means ―Harm‖ can occur by:
(A)
Physical injury or emotional maltreatment.
(B)
Failure to supply the child with adequate food, clothing, shelter,
or health care. As used in this subchapter, ―adequate health care‖ includes any
medical or nonmedical remedial health care permitted or authorized under state
law.
Notwithstanding that a child might be found to be without proper parental
- 324 -
care under chapters 51 and 53 of this title, a parent or other person responsible
for a child’s care legitimately practicing his or her religious beliefs who
thereby does not provide specified medical treatment for a child shall not be
considered neglectful for that reason alone.
(C)
Abandonment of the child.
(7)
―Emotional maltreatment‖ means a pattern of malicious behavior
which
results
in
impaired
psychological
growth
and
development
―Investigation‖ means a response to a report of child abuse or neglect that
begins with the systematic gathering of information to determine whether the
abuse or neglect has occurred and, if so, the appropriate response.
An
investigation shall result in a formal determination as to whether the reported
abuse or neglect has occurred.
(8)
―Sexual abuse‖ consists of any act or acts by any person involving
sexual molestation or exploitation of a child including but not limited to incest,
prostitution, rape, sodomy, or any lewd and lascivious conduct involving a
child.
Sexual abuse also includes the aiding, abetting, counseling, hiring, or
procuring of a child to perform or participate in any photograph, motion
picture, exhibition, show, representation, or other presentation which, in whole
or in part, depicts a sexual conduct, sexual excitement or sadomasochistic
abuse involving a child ―Member of the clergy‖ means a priest, rabbi, clergy
member, ordained or licensed minister, leader of any church or religious body,
accredited Christian Science practitioner, or person performing official duties
on behalf of a church or religious body that are recognized as the duties of a
priest, rabbi, clergy, nun, brother, ordained or licensed minister, leader of any
church or religious body, or accredited Christian Science practitioner.
(9)
―Multidisciplinary
team‖
means
a
group
of
professionals,
paraprofessionals, and other appropriate individuals, empanelled impaneled by
the Commissioner under this chapter, for the purpose of assisting in the
identification and review of cases of child abuse and neglect, coordinating
treatment services for abused and neglected children and their families, and
promoting child abuse prevention.
(10)
―Substantiated report‖ means that the Commissioner or the
Commissioner’s designee has determined after investigation that a report is
based upon accurate and reliable information that would lead a reasonable
person to believe that the child has been abused or neglected ―Person
responsible for a child’s welfare‖ includes the child’s parent, guardian, foster
parent, any other adult residing in the child’s home who serves in a parental
role, an employee of a public or private residential home, institution, or
agency, or other person responsible for the child’s welfare while in a
residential, educational, or child care setting, including any staff person.
- 325 -
(11)
[Repealed.]
―Physical injury‖ means death or
permanent or
temporary disfigurement or impairment of any bodily organ or function by
other than accidental means.
(12)
―Member of the clergy‖ means a priest, rabbi, clergy member,
ordained or licensed
minister, leader of any
church or religious
body,
accredited Christian Science practitioner, person performing official duties on
behalf of a church or religious body that are recognized as the duties of a
priest, rabbi, clergy, nun, brother, ordained or licensed minister, leader of any
church
or
religious
body,
or
accredited
Christian
Science
practitioner
―Redacted investigation file‖ means the intake report, the investigation
activities
summary,
and
case
determination
report
that
are
amended
in
accordance with confidentiality requirements set forth in section 4913 of this
title.
(13)
―Redacted
investigation
file‖
means
the
intake
report,
the
investigation activities summary, and case determination report that are
amended
in
accordance
with
confidentiality
requirements
set
forth
in
subsection 4913(d) of this title ―Registry record‖ means an entry in the Child
Protection Registry that consists of the name of an individual substantiated for
child abuse or neglect, the date of the finding, the nature of the finding, and at
least one other personal identifier, other than a name, listed in order to avoid
the possibility of misidentification.
(14)
―Child Protection Registry‖ means a record of all investigations
that have resulted in a substantiated report on or after January 1, 1992 ―Risk of
harm‖ means a significant danger that a child will suffer serious harm other
than by accidental means, which harm would be likely to cause physical injury,
neglect, emotional maltreatment, or sexual abuse.
(15)
―Registry record‖ means an entry in the Child Protection Registry
that consists of the name of an individual substantiated for child abuse or
neglect, the date of the finding, the nature of the finding, and at least one other
personal identifier, other than a name, listed in order to avoid the possibility of
misidentification ―Sexual abuse‖ consists of any act or acts by any person
involving sexual molestation or exploitation of a child, including incest,
prostitution, rape, sodomy, or any lewd and lascivious conduct involving a
child.
Sexual abuse also includes the aiding, abetting, counseling, hiring, or
procuring of a child to perform or participate in any photograph, motion
picture, exhibition, show, representation, or other presentation which, in whole
or in part, depicts sexual conduct, sexual excitement, or sadomasochistic abuse
involving a child.
(16)
―Investigation‖ means a response to a report of child abuse or
neglect that begins with the systematic gathering of information to determine
- 326 -
whether the abuse or neglect has occurred and, if so, the appropriate response.
An investigation shall result in a formal determination as to whether the
reported abuse or neglect has occurred ―Substantiated report‖ means that the
Commissioner
or
the
Commissioner’s
designee
has
determined
after
investigation that a report is based upon accurate and reliable information that
would lead a reasonable person to believe that the child has been abused or
neglected.
(17)
―Assessment‖ means a response to a report of child abuse or
neglect that focuses on the identification of the strengths and support needs of
the child and the family, and any services they may require to improve or
restore their well-being and to reduce the risk of future harm.
The child and
family assessment does not result in a formal determination as to whether the
reported abuse or neglect has occurred.
Sec. 77.
33 V.S.A. § 4915a(c) is amended to read:
(c)
Families have the option of declining the services offered as a result of
the assessment.
If the family declines the services, the case shall be closed
unless the Department determines that sufficient cause exists to begin an
investigation or to request the state’s attorney State’s Attorney to file a petition
pursuant to chapter 55 chapters 51 and 53 of this title.
In no instance shall a
case be investigated solely because the family declines services.
Sec. 78.
33 V.S.A. § 5922 is amended to read:
§ 5922.
APPROPRIATE PUBLIC AUTHORITIES
The ―appropriate public authorities‖ as used in Article II of the Interstate
Compact on the Placement of Children shall, with reference to this state State,
mean the department of social and rehabilitation services Department for
Children and Families, and said department the Department shall receive and
act with reference to notices required by said Article III.
Sec. 79.
33 V.S.A. § 5923 is amended to read:
§ 5923.
COMMISSIONER OF SOCIAL AND REHABILITATION
SERVICES FOR CHILDREN AND FAMILIES
As used in paragraph (a) of Article V of the Interstate Compact on the
Placement of Children, the phrase ―appropriate authority in the receiving state‖
with reference to this state State shall mean the commissioner of social and
rehabilitation services Commissioner for Children and Families.
Sec. 80.
[Deleted.]
- 327 -
Sec. 81.
33 V.S.A. § 6506 is amended to read:
§ 6506.
POSTING
A physician who treats Medicare or General Assistance beneficiaries shall
post a summary of the provisions of this chapter in a conspicuous place in his
or her office.
The summary shall include the statement that any person
aggrieved by a physician’s failure to comply with the provisions of this chapter
may contact the Department of Disabilities, Aging, and Independent Living for
assistance or file a complaint with the Division of Registration, Licensing and
Secretarial Services State Board of Medical Practice within the Office of the
Secretary of State Department of Health and shall include toll-free telephone
numbers to be used for these purposes.
The summary shall be written by the
Department of Disabilities, Aging, and Independent Living and distributed by
the Secretary of State.
Sec. 82.
33 V.S.A. § 6507 is amended to read:
§ 6507.
ADMINISTRATION; ENFORCEMENT
(a)
A person aggrieved by a violation of the provisions of this chapter may
file a complaint with the division of registration, licensing and secretarial
services State Board of Medical Practice within the office of the secretary of
state Department of Health.
The matter shall be heard investigated by the
secretary of state, or a hearing officer designated by the secretary, Board and
shall be subject to the provisions of 3 V.S.A. chapter 25 of Title 3, relating to
contested cases.
(b)
The secretary of state or the hearing officer Board of Medical Practice
may, after hearing, impose an administrative penalty of not more than $50.00
against any physician who violates the provisions of sections section 6505 or
6506 of this title relating to assistance and posting.
(c)
The secretary of state or the hearing officer Board of Medical Practice
may, after hearing, order a physician who balance billed in violation of the
provisions of this chapter to make restitution of any monies received from a
Medicare or general assistance beneficiary as a result of such billing.
Sec. 83.
REPEAL
33 V.S.A. § 6508 (Medicare billing report required) is repealed.
Sec. 84.
33 V.S.A. § 6902 is amended to read:
§ 6902.
DEFINITIONS
As used in this chapter:
(1) ―Abuse‖ means:
- 328 -
(A)
Any treatment of a vulnerable adult which places life, health, or
welfare in jeopardy or which is likely to result in impairment of health;
(B)
Any conduct committed with an intent or reckless disregard that
such conduct is likely to cause unnecessary harm, unnecessary pain, or
unnecessary suffering to a vulnerable adult;
* * *
(2) ―Caregiver‖ means a person, agency, facility, or other organization
with responsibility for providing subsistence or medical or other care to an
elderly or disabled adult, who has assumed the responsibility voluntarily, by
contract, or by an order of the court; or a person providing care, including
medical
care,
custodial
care,
personal
care,
mental
health
services,
rehabilitative services, or any other kind of care provided which is required
because of another’s age or disability.
* * *
(4) ―Department‖ means the State Vermont Department of Disabilities,
Aging, and Independent Living.
* * *
(7)
―Neglect‖ means purposeful or reckless failure or omission by a
caregiver to:
(A)(i)
provide care or arrange for goods or services necessary to
maintain the health or safety of a vulnerable adult, including food, clothing,
medicine, shelter, supervision, and medical services, unless the caregiver is
acting
pursuant
to
the
wishes
of
the
vulnerable
adult
or
his
or
her
representative, or a terminal care document an advance directive, as defined in
subchapter 2 of chapter 111 of Title 18 V.S.A. § 9701;
* * *
(iii)
carry out a plan of care for a vulnerable adult when such
failure results in or could reasonably be expected to result in physical or
psychological harm or a substantial risk of death to the vulnerable adult, unless
the caregiver is acting pursuant to the wishes of the vulnerable adult or his or
her representative, or a terminal care document an advance directive, as
defined in subchapter 2 of chapter 111 of Title 18 V.S.A. § 9701; or
* * *
(9)
―Protective services‖ means services, action, or intervention that
will, through voluntary agreement or through appropriate court action, prevent
further neglect, abuse, or exploitation of a vulnerable adults adult.
Such
services
may
include
supervision,
guidance,
counseling,
petitioning
for
- 329 -
appointment of a guardian, and, when necessary, assistance in the securing of
safe and sanitary living accommodations.
However, nothing in this chapter
gives the Commissioner authority to place the vulnerable adult in a state school
or hospital, except pursuant to 18 V.S.A. chapter 181 or 206.
* * *
(13)
―Volunteer‖ means an individual who, without compensation,
provides services through a private or public organization.
* * *
Sec. 85.
33 V.S.A. § 6903 is amended to read:
§ 6903.
REPORTING SUSPECTED ABUSE, NEGLECT, AND
EXPLOITATION OF VULNERABLE ADULTS
(a)
Any of the following, other than a crisis worker acting pursuant to
12 V.S.A. § 1614, who knows of or has received information of abuse, neglect,
or exploitation of a vulnerable adult or who has reason to suspect that any
vulnerable adult has been abused, neglected, or exploited shall report or cause
a report to be made in accordance with the provisions of section 6904 of this
title within 48 hours:
(1)
All employees, contractors, and grantees of the Agency of Human
Services who are involved in caregiving.
(2)
A physician, osteopath, chiropractor or, physician assistant, nurse,
medical examiner, licensed nursing assistant, emergency medical services
personnel, dentist, or psychologist.
(3)
A school teacher, school librarian, school administrator, school
guidance counselor, school aide, school bus driver, or school employee or
school contractor who works regularly with students.
(4)
A mental health professional,; social worker,; person or organization
that offers, provides, or arranges for personal care for vulnerable adults, a;
caregiver employed by a vulnerable adult,; employee of or contractor involved
in caregiving for a community mental health center,; law enforcement officer,
and an; or individual who works regularly with vulnerable adults and who is an
employee of an adult day care center, area agency on aging, senior center, or
meal program designed primarily to serve vulnerable adults.
(5)
A hospital, nursing home, residential care home, home health
agency, or any entity providing nursing or nursing related services for
remuneration,; intermediate care facility for adults with mental retardation,;
therapeutic community residence, group home, developmental home, school,
- 330 -
or contractor involved in caregiving,; or operator or employee of any of these
facilities or agencies.
* * *
Sec. 86.
33 V.S.A. § 6909 is amended to read:
§ 6909.
RETALIATORY ACTION BY EMPLOYER PROHIBITED
No employer or supervisor may discharge,; demote,; transfer,; reduce pay,
benefits, or work privileges,; prepare a negative work performance evaluation;
or take any other action detrimental to any employee who files a good faith
report in accordance with the provisions of this chapter, by reason of the
report.
Any person making a report under this chapter shall have a civil cause
of action for appropriate compensatory and punitive damages against any
person who causes detrimental changes in the employment status of the
reporting party by reason of his or her making a report.
Sec. 87.
33 V.S.A. § 6914 is amended to read:
§ 6914.
ACCESS TO CRIMINAL RECORDS
* * *
(b)
An employer may ask the Commissioner to obtain from the Vermont
Crime Criminal Information Center the record of convictions of a person who
is a current employee, volunteer, or contractor, or a person to whom the
employer has given a conditional offer of a contract, volunteer position, or
employment.
The request shall be in writing and shall be accompanied by a
release by the current or prospective contractor or employee.
If the person has
a record of convictions, the Commissioner shall inform the employer of the
date and type of conviction.
* * *
(d)
The Commissioner of Health, Commissioners of Disabilities, Aging,
and
Independent
Living,
of
Health,
and
of
Mental
Health or the
Commissioner’s
designee their
designees
may,
for
purposes
related
to
oversight and monitoring of persons who are served by or compensated with
funds provided by the Department Departments of Disabilities, Aging, and
Independent Living, of Health, and of Mental Health, may ask the Vermont
Crime Criminal Information Center for the record of convictions of a person
who is a current employee, volunteer, or contractor, or a person to whom the
employer has given a conditional offer of a contract, volunteer position, or
employment.
If the individual has a record of convictions, the Vermont Crime
Criminal Information Center shall inform the appropriate Commissioner, or the
Commissioner’s designee, of the date and type of conviction.
- 331 -
* * *
(g)
As used in this section, ―Commissioner‖ means the Commissioner of
Disabilities, Aging, and Independent Living or the Commissioner of Health, or
the Commissioner’s designees.
[Repealed.]
Sec. 88.
33 V.S.A. § 7106(b) is amended to read:
(b)
Variances may be granted upon determination that:
* * *
(3)
a variance will not result in less protection of the health, safety, and
welfare of the residents.
Sec. 89.
33 V.S.A. § 7108(e) is amended to read:
(e)
Within the limits of resources available, the licensing agency may
provide technical assistance, education, and information to facilities to assist
them to come into or remain in compliance with the provisions of this chapter
or the rules adopted pursuant to this chapter.
The failure of the licensing
agency to provide assistance under this subsection shall not relieve a facility
from its duty to comply with provisions of this chapter or the rules adopted
pursuant to this chapter.
Sec. 90.
33 V.S.A. § 7116 is amended to read:
§ 7116.
CRIMINAL PENALTY
A person who knowingly violates the licensure, reporting of unlicensed
facilities, or confidentiality requirements of this chapter or the provisions
relating to placing, referring, or recommending placement of a person in an
unlicensed facility shall be fined not more than $500.00 or imprisoned not
more than six months, or both.
Sec. 91.
33 V.S.A. § 7117 is amended to read:
§ 7117.
RULES
(a)
In accordance with 3 V.S.A. chapter 25 of Title 3, the secretary of
human services Secretary of Human Services may adopt reasonable rules to
carry out the provisions of this chapter, and may prescribe minimum standards
of care, program, administration, and sanitation for facilities licensed under
this chapter.
(b)
No later than January 1, 1997, the secretary of human services
Secretary of Human Services shall adopt comprehensive rules for licensing of
nursing
homes
to
include
criteria
deemed
appropriate
by
the secretary
Secretary, including criteria for accessibility, quality, and safety standards.
The rules for nursing home licensing shall:
- 332 -
(1)
require that nursing facilities provide the care and services necessary
to help each resident attain or maintain the highest practicable physical,
mental, and psychosocial well-being in accordance with a comprehensive
assessment and plan of care and prevailing standards of care as determined by
the commissioner of aging and disabilities Commissioner of Disabilities,
Aging, and Independent Living; and
(2)
promote a standard of care that assures that the ability of each
resident to perform activities of daily living does not diminish unless the
resident’s ability is diminished solely as a result of a change in the resident’s
clinical condition.
Sec. 92.
33 V.S.A. § 7303 is amended to read:
§ 7303.
NOTICE TO RESIDENTS; POSTING
(a)
A summary of the obligations of the nursing home to residents using its
facilities shall be written in clear language, in easily readable print, and posted
conspicuously in a public place on each floor of the home.
This notice shall
also summarize the facility’s grievance procedure and directions for contacting
the Ombudsman program.
The directions for contacting the Ombudsman
program shall be written by the Department of Disabilities, Aging, and
Independent Living, shall include a description of the Ombudsman program,
and shall be underscored.
(b)
A readable copy of this same notice shall be presented to each resident
on admission together with an oral explanation of the rights, grievance
procedure, and directions for contacting the Ombudsman program.
(c)
Residents admitted to a nursing home prior to July 1, 1986 shall, within
a reasonable period of time after July 1, 1986, receive a readable copy of said
notice.
Sec. 93.
33 V.S.A. § 7306(a) is amended to read:
(a)
The rights and obligations established under this chapter shall devolve
to a resident’s reciprocal beneficiary, guardian, next of kin, sponsoring agency,
or representative payee (except when the facility itself is a representative
payee) if the resident:
* * *
Sec. 94. 33 V.S.A. § 7501 is amended to read:
§ 7501.
DEFINITIONS
As used in this chapter:
(1) ―Long-term care‖ means care or services received by an individual
- 333 -
in a long-term care facility or provided to an individual under the long-term
care Medicaid Section 1115 waiver.
* * *
Sec. 95.
33 V.S.A. § 7508(b) is amended to read:
(b)
A person who takes discriminatory, disciplinary, or retaliatory action
against an employee, resident, or volunteer of a long-term care facility or
agency for any communication made, or information disclosed, to aid the
office Office in
carrying
out
its
duties
and
responsibilities,
unless
the
communication or disclosure was done maliciously or without good faith, shall
be imprisoned not more than one year, or fined not more than $5,000.00, or
both.
An employee, resident, or volunteer of a long-term care facility or
agency may seek damages in superior court Superior Court against a person
who takes such action prohibited by this subsection.
Sec. 96.
3 V.S.A. § 128(a) is amended to read:
(a)
Any hospital, clinic, community mental health center, or other health
care institution in which a licensee performs professional services shall report
to the appropriate board, along with supporting information and evidence, any
disciplinary action taken by it or its staff, after an initial investigation or
hearing in which the licensee has been afforded the opportunity to participate,
which limits or conditions the licensee’s privilege to practice or leads to
suspension or expulsion from the institution.
The report shall be made within
ten days of the date such disciplinary action was taken, regardless of whether
the action is the subject of a pending appeal, and in the case of a licensee who
is employed by, or under contract with, a community mental health center, a
copy of the report shall also be sent to the Commissioner of Mental Health and
Mental
Retardation Commissioner
of
Mental
Health,
of
Health,
or
of
Disabilities, Aging, and Independent Living, as appropriate.
This section shall
not apply to cases of resignation, separation from service, or changes in
privileges which are unrelated to:
* * *
Sec. 97.
3 V.S.A. § 212 is amended to read:
§ 212.
DEPARTMENTS CREATED
The following administrative departments are hereby created, through the
instrumentality of which the Governor, under the Constitution, shall exercise
such functions as are by law assigned to each department Department
respectively:
* * *
- 334 -
(23)
The Department of Disabilities, Aging, and Independent Living
(24)
The Department of Vermont Health Access.
Sec. 98.
REPEAL
3
V.S.A.
§ 3083
(Department
of
Developmental
and
Mental
Health
Services) is repealed.
Sec. 99.
3 V.S.A. § 3085c is amended to read:
§ 3085c.
COMMISSION ON JUVENILE JUSTICE
(a)
The commission on juvenile justice Commission on Juvenile Justice is
created as a joint venture between the department of social and rehabilitation
services Department
for
Children
and
Families and
the department
of
corrections Department of Corrections.
(b)
The commission Commission shall be composed of three members:
(1)
The juvenile justice director Juvenile Justice Director, who shall be
chair Chair of the commission Commission.
(2)
The commissioner of the department of social and rehabilitation
services Commissioner for Children and Families.
(3)
The commissioner of the department of corrections Commissioner of
Corrections.
(c)
The commission on juvenile justice Commission on Juvenile Justice
shall have the following duties:
(1)
To develop a comprehensive system of juvenile justice for persons
under age 21 years of age who commit delinquent or criminal acts, including
utilization of probation services, a range of community-based treatment,
training and rehabilitation programs, and secure detention and treatment
programs when necessary in the interests of public safety, designed with the
objective of preparing those persons to live in their communities as productive
and mature adults.
The program developed by the commission Commission
shall be consistent with the policy that a successful juvenile justice system
should:
* * *
(I)
Provide
a
comprehensive
aftercare
component,
including
follow-up and nonresidential postrelease post-release services when juveniles
return to their families or communities.
* * *
(5)
To review or participate in the development of laws, rules, and other
- 335 -
governmental initiatives which may affect individuals involved in the juvenile
justice system and their families.
(6)
To provide advice regarding revisions, coordination of services,
accountability, and appropriations.
* * *
(d)(1)
There are established within the commission Commission, and
reporting
to
the juvenile
justice
director Juvenile
Justice
Director,
the
following positions:
(A)
A prevention specialist Prevention Specialist, responsible for
programs intended to reduce delinquency and crime among juvenile offenders,
including mentoring programs, early assessments, substance abuse screening,
child care services, afterschool programs, and screening for problems which
contribute to delinquency and juvenile crime.
(B)
An alternative
sanctions
specialist Alternative
Sanctions
Specialist, responsible for programs providing alternatives to incarceration,
including court diversion, probation, reparative boards, and community justice
programs.
(2)
The specialists Specialists designated under subdivision (1) of this
subsection shall:
(A)
Work work with communities throughout the state State, and
analyze data and outcomes, to evaluate the efficiency and success of juvenile
justice programs.;
(B)
Monitor monitor the statewide
and
cross-departmental
consistency
and
coordination
of
juvenile
justice
programs, and
the
development of the comprehensive system of juvenile justice required by this
section. and;
(C)
Work work in district offices with probation officers, case
workers, and other personnel of the departments of social and rehabilitation
services Departments for Children and Families and of corrections Corrections
to ensure that state State juvenile justice programs and case plans are
administered in a manner consistent with the policies of this section, and with
the statutes and rules pertaining to each specialty area.
* * *
Sec. 100.
4 V.S.A. § 311a(17) is amended to read:
(17)
Adoption:
- 336 -
(A)
if the adopting person or persons are residents of this state State,
in the district where they reside; or
(B)
if the adopting person or persons are nonresidents, in a court of
competent jurisdiction where they reside; or
(C)
if the prospective adoptee is a minor who has been relinquished
or
committed
to
the department
of social
and
rehabilitation
services
Department for Children and Families or a licensed child placing agency, in
the district where the department Department or agency is located or has its
principal office.
Sec. 101.
4 V.S.A. § 464(a) is amended to read:
(a)
Any person or other legal entity, including the state State, shall be
entitled but not required to be represented by an attorney before a magistrate.
Nonattorney employees of the office of child support Office of Child Support
who have been duly qualified by the office of child support Office of Child
Support may sign complaints and motions, and may participate in child support
hearings before a magistrate, including those arising under 33 V.S.A. § 5533
5116 subject to the conditions in subsections (b) and (c) of this section.
Such
This participation shall not be considered the unauthorized practice of law.
Sec. 102.
7 V.S.A. § 505 is amended to read:
§ 505.
NOTICE TO PROHIBIT SALES TO CERTAIN PERSONS
The father, mother, husband, wife, child, brother, sister, guardian, or
employer of a person or the commissioner of prevention, assistance, transition,
and health access, may, in writing, notify any board of control commissioners
Board of Control Commissioners as defined in section 2 of this title, who may,
on investigation, forbid the sale or furnishing of spirituous liquor or malt and
or vinous beverages or both by licensees as defined in section 2 of this title,
within the jurisdiction of such board of control commissioners that Board of
Control Commissioners to such that person.
Sec. 103.
12 V.S.A. § 5611 is amended to read:
§ 5611.
INTEREST OF MINORS
A petition on any matter affecting the interests of a minor under chapter 55
of Title 33 V.S.A. chapter 51, 52, or 53, 15 V.S.A. chapter 9 of Title 15, or
chapter 107 of this title shall be set down for hearing at the earliest possible
time and shall take precedence over all matters except older matters of the
same character.
- 337 -
Sec. 104.
12 V.S.A. § 7151(b) is amended to read:
(b)
In order to become an emancipated minor by court order under this
chapter, a minor at the time of the order must be a person who:
(1)
is Is 16 years of age or older but under the age of majority;.
(2)
has Has lived separate and apart from his or her parents, custodian,
or legal guardian for three months or longer;.
(3)
is Is managing his or her own financial affairs;.
(4)
has Has demonstrated the ability to be self-sufficient in his or her
financial and personal affairs, including proof of employment or his or her
other means of support. ―Other means of support‖ does not include general
assistance or Aid to Needy Families with Children, Reach Up financial
assistance, or relying on the financial resources of another person who is
receiving such assistance or aid;.
(5)
holds Holds a high school diploma or its equivalent or is earning
passing grades in an educational program approved by the court and directed
towards toward the earning of a high school diploma or its equivalent;.
(6)
is Is not under a legal guardianship or in the custody or guardianship
of the Commissioner for Children and Families;.
(7)
is Is not under the supervision or in the custody of the Commissioner
of Corrections.
Sec. 105.
13 V.S.A. § 1311(c) is amended to read:
(c)
Exempt from the prohibitions of this section are:
(1)
A a shelter, or the directors, agents, or employees of a shelter,
designated by the commissioner for children and families Commissioner for
Children and Families pursuant to section 5512 of Title 33 V.S.A. § 5304,
provided that the requirements of subsection 5512(b) of Title 33 V.S.A.
§ 5303(b) are satisfied.; and
(2)
A a person who has taken the child into custody pursuant to section
5510 of Title 33 V.S.A § 5251 or 5301.
Sec. 106.
13 V.S.A. § 1460(a) is amended to read:
(a)
The general public shall be excluded from hearings held in the Civil
Division of the Superior Court under this chapter where the defendant is under
the age of 16.
Only the parties, their counsel, the complainant, witnesses and
other persons accompanying a party for the party’s assistance, and such other
persons as the court finds to have a proper interest in the case, or in the work of
the court Court, may be admitted by the Court.
In such a case, there shall be
- 338 -
no publicity given by any person to any proceedings under the authority of this
chapter except with the consent of the defendant and his or her parent or
guardian.
The records in such a case shall be subject to the confidentiality
provision of 33 V.S.A. § 5536 § 5117.
Upon its own motion or the motion of a
party, the Court may open the hearing for good cause shown, in consideration
of relevant factors, including the likelihood that a court would make a
determination that charges against the defendant with respect to the underlying
crime on which the hate-motivated crime injunction is based should be heard
in the Criminal
Division
of
the
Superior
Court
pursuant
to
33 V.S.A.
Sec. 107.
13 V.S.A. § 4822 is amended to read:
§ 4822.
FINDINGS AND ORDER; MENTALLY ILL PERSONS
(a)
If the Court finds that such the person is a person in need of treatment
or a patient in need of further treatment as defined in 18 V.S.A. § 7101, the
court shall issue an order of commitment directed to the Commissioner of
Mental Health, which shall admit the person to the care and custody of the
Department of Mental Health for an indeterminate period.
In any case
involving personal injury or threat of personal injury, the committing court
may issue an order requiring a Court hearing before a person committed under
this section may be discharged from custody.
(b)
Such An order of commitment issued pursuant to this section shall have
the same force and effect as an order issued under 18 V.S.A. §§ 7611–7622,
and persons a person committed under such an this order shall have the same
status, and the same rights, including the right to receive care and treatment, to
be examined and discharged, and to apply for and obtain judicial review of
their cases his or her case, as persons a person ordered committed under
18 V.S.A. §§ 7611–7622.
* * *
(d)
The Court may continue the hearing provided in subsection (c) of this
section for a period of 15 additional days upon a showing of good cause.
(e)
If the court Court determines that commitment shall no longer be
necessary, it shall issue an order discharging the patient from the custody of
the department of developmental and mental health services Department of
Mental Health.
(f)
The Court shall issue its findings and order not later than 15 days from
the date of hearing.
Sec. 108.
13 V.S.A. § 5236(a) is amended to read:
- 339 -
(a)
The determination whether a person covered by sections 5231-5234 of
this title is a needy person shall be deferred until his or her first appearance in
court or in a suit for payment or reimbursement under section 5255 of this title,
whichever occurs earlier.
Thereafter, the court shall determine, with respect to
each proceeding, whether the person is a needy person.
For purposes of As
used in this section, an appeal is a separate proceeding.
The determination of
need, for purposes of an appeal, shall be based on a separate application
submitted on or after the date of the order appealed from, except that an appeal
from a proceeding under 33 V.S.A. chapter 51, 52 of Title 33, or 53 is not a
separate proceeding and does not require a separate application.
Sec. 109.
13 V.S.A. § 5318(b) is amended to read:
(b)
If a victim is a minor or is incapacitated, incompetent, or deceased, a
family member of the victim may exercise the rights of the victim under
sections 5305, 5308-5317, and 7006 of this title; 28 V.S.A. §§ 205, 252, and
507; and 33 V.S.A. § 5529a 5233.
Sec. 110.
15 V.S.A. § 653 is amended to read:
§ 653.
DEFINITIONS
As used in this subchapter:
* * *
(5) ―Gross income‖ means actual gross income of a parent.
(A)
Gross income shall include:
* * *
(B)
Gross income shall not include the amount of money received
from means tested public assistance programs, including Aid to Families with
Dependent Children Temporary Assistance for Needy Families, Supplemental
Income, Food Stamps the Supplemental Nutrition Assistance Program, and
General Assistance.
* * *
Sec. 111.
15 V.S.A. § 901(c) is amended to read:
(c)
In an action under this section against a minor’s parents, nothing
contained in the record of any juvenile proceeding involving the minor shall be
admissible as evidence except as provided in 33 V.S.A. § 5536 5117.
Sec. 112.
15 V.S.A. § 1140(b) is amended to read:
(b)
The commission Commission shall comprise 17 members, consisting of
the following:
- 340 -
(1)
the attorney general, Attorney General or his or her designee;
(2)
the commissioner of the department of health, Commissioner of
Health or his or her designee;
(3)
the
commissioner
of
social
and
rehabilitation
services,
Commissioner for Children and Families or his or her designee;
(4)
the commissioner of the department of corrections, Commissioner of
Corrections or his or her designee;
(5)
the commissioner of the department of public safety, Commissioner
of Public Safety or his or her designee;
(6)
the chief medical examiner, Chief Medical Examiner or his or her
designee;
(7)
a state’s attorney State’s Attorney with experience prosecuting
domestic violence cases, appointed by the executive director of the Vermont
state’s attorneys’ association Executive Director of the Vermont State’s
Attorneys’ Association;
(8)
the defender general, Defender General or his or her designee;
(9)
a member of the Vermont coalition of batterer intervention services
Coalition of Batterer Intervention Services;
(10)
a member of the Vermont network against domestic violence and
sexual assault Network Against Domestic Violence and Sexual Assault;
(11)
a representative of the Vermont council on domestic violence
Council on Domestic Violence;
(12)
a representative of local law enforcement, appointed by the
governor Governor;
(13)
a victim or survivor of domestic violence, appointed by the
Vermont network against domestic violence and sexual assault Network
Against Domestic Violence and Sexual Assault;
(14)
a physician, appointed by the governor Governor;
(15)
the executive director Executive Director of the Vermont criminal
justice training council Criminal Justice Training Council or his or her
designee;
(16)
the commissioner of mental health Commissioner of Mental Health
or his or her designee; and
(17)
one judge, appointed by the chief justice Chief Justice of the
Vermont supreme court Supreme Court.
- 341 -
Sec. 113.
15 V.S.A. § 1151(5) is amended to read:
(5) ―Law enforcement agency‖ means the Department of Public Safety,
a municipal police department, a sheriff’s department, the Attorney General’s
Office, a state’s attorney’s office State’s Attorney’s Office, or certified law
enforcement officers of the Department of Motor Vehicles, Agency of Natural
Resources, or Department of Liquor Control. ―Law enforcement agency‖ shall
also mean the Department for Children and Families when engaged in:
(A)
the investigation of child abuse and neglect;
(B)
the delivery of services to families and children with whom the
department Department is
working with pursuant
to
the
provisions
of
33 V.S.A. chapter 55 chapters 51, 52, and 53; or
(C) the performance of the Department’s responsibilities pursuant to
an interstate compact to which the State is a party.
Sec. 114.
15A V.S.A. § 1-101(7) is amended to read:
(7)
―Department‖ means the department of social and rehabilitation
services Department for Children and Families.
Sec. 115.
18 V.S.A. § 1751 is amended to read:
§ 1751.
DEFINITIONS
* * *
(b)
For the purposes of As used in this chapter:
* * *
(3) ―Child care facility‖ means a child care facility or family child care
home as defined in 33 V.S.A. § 4902 § 3511 that was constructed prior to
1978.
* * *
Sec. 116.
18 V.S.A. § 1754(a) is amended to read:
(a)
Beginning January 1, 1994, the commissioner of health Commissioner
of Health shall prepare and distribute clear and simple printed materials
describing the dangers of lead poisoning, the need for parents to have their
child screened, how to have a child tested, and recommended nutrition and
housekeeping practices.
The commissioner Commissioner shall work with
persons and organizations involved in occupations that may involve lead-based
paint hazards or childhood lead poisoning to distribute the materials to their
clients, patients, students, or customers, such as realtors, subcontractors,
apartment
owners,
public
housing
authorities,
pediatricians,
family
- 342 -
practitioners, nurse clinics, child clinics, other health care providers, child care
and preschool operators, and kindergarten teachers.
The commissioner
Commissioner shall also identify those points in time or specific occasions
when members of the public are in contact with public agencies and lead might
be an issue, such as building permits, home renovations, and the ANFC
and WIC program, and programs established under 33 V.S.A. chapters 10, 11,
and 12, and make the materials available on these occasions.
Sec. 117.
18 V.S.A. § 1758(c) is amended to read:
(c)
The department of for children and families Department for Children
and Families shall identify all child care facilities in which the owners have
completed essential maintenance practices or lead hazard control measures and
provide the findings to the department Department annually.
Sec. 118.
18 V.S.A. chapter 94 is added to read:
CHAPTER 94.
DIVISION OF ALCOHOL AND
DRUG ABUSE PROGRAMS
§ 4801.
DECLARATION OF POLICY
(a)
It is the policy of the State of Vermont that alcoholism and alcohol
abuse are correctly perceived as health and social problems rather than
criminal transgressions against the welfare and morals of the public.
(b)
The General Assembly therefore declares that:
(1)
alcoholics and alcohol abusers shall no longer be subjected to
criminal
prosecution
solely
because
of
their
consumption
of
alcoholic
beverages or other behavior related to consumption which is not directly
injurious to the welfare or property of the public; and
(2)
alcoholics and alcohol abusers shall be treated as sick persons and
shall
be
provided
adequate
and
appropriate
medical
and
other
humane
rehabilitative services congruent with their needs.
§ 4802.
DEFINITIONS
As used in this chapter:
(1)
―Alcoholic‖ means a person suffering from the condition of
alcoholism.
(2)
―Alcoholism‖
means
addiction
to
the
drug
alcohol.
It
is
characterized by:
(A)
chronic absence of control by the drug user over the frequency or
the volume of his or her alcohol intake; and
- 343 -
(B)
inability of the drug user to moderate consistently his or her
drinking practices in spite of the onset of a variety of consequences deleterious
to his or her health.
(3) ―Approved substance abuse treatment program‖ means a treatment
program which is approved by the Secretary as qualified to provide treatment
for substance abuse.
(4)
―Client‖ means a person who is provided treatment services by an
approved substance abuse treatment program, substance abuse crisis team, or
designated substance abuse counselor.
(5)
―Designated substance abuse counselor‖ means a person approved
by the Secretary to evaluate and treat substance abusers, pursuant to the
provisions of this chapter.
(6)
―Detoxification‖ means the planned withdrawal of an individual
from a state of acute or chronic intoxication under qualified supervision and
with or without the use of medication.
Detoxification is monitoring and
management of the physical and psychological effects of withdrawal, for the
purpose of assuring safe and rapid return of the individual to normal bodily and
mental functioning.
(7) ―Incapacitated‖ means that a person, as a result of his or her use of
alcohol or other drugs, is in a state of intoxication or of mental confusion
resulting from withdrawal such that the person:
(A)
appears to need medical care or supervision by approved
substance abuse treatment personnel, as defined in this section, to assure his or
her safety; or
(B)
appears to present a direct active or passive threat to the safety of
others.
(8)
―Intoxicated‖ means a condition in which the mental or physical
functioning of an individual is substantially impaired as a result of the presence
of alcohol or other drugs in his or her system.
(9)
―Law enforcement officer‖ means a law enforcement officer
certified by the Vermont Criminal Justice Training Council as provided in
20 V.S.A. §§ 2355–2358 or appointed by the Commissioner of Public Safety
as provided in 20 V.S.A. § 1911.
(10) ―Licensed hospital‖ means a hospital licensed under chapter 43 of
this title.
(11) ―Protective custody‖ means a civil status in which an incapacitated
person is detained by a law enforcement officer for the purposes of:
- 344 -
(A)
assuring the safety of the individual or the public, or both; and
(B)
assisting the individual to return to a functional condition.
(12)
―Secretary‖ means the Secretary of Human Services or the
Secretary’s designee.
(13) ―Substance abuse crisis team‖ means an organization approved by
the Secretary to provide emergency treatment and transportation services to
substance abusers pursuant to the provisions of this chapter.
(14) ―Substance abuser‖ means anyone who drinks alcohol or consumes
other drugs to an extent or with a frequency which impairs or endangers his or
her health or the health and welfare of others.
(15)
―Treatment‖ means the broad range of medical, detoxification,
residential, outpatient, aftercare, and follow-up services which are needed by
substance
abusers
and
may
include
a
variety
of
other medical,
social,
vocational, and educational services relevant to the rehabilitation of these
persons.
§ 4803.
ALCOHOL AND DRUG ABUSE COUNCIL; CREATION; TERMS;
PER DIEM
(a)
The Alcohol and Drug Abuse Council is established within the Agency
of Human Services to promote the reduction of problems arising from alcohol
and drug abuse by advising the Secretary on policy areas that can inform
Agency programs.
(b)
The Council shall consist of 11 members:
(1)
the Secretary of Human Services, Commissioner of Public Safety,
Secretary of Education, Commissioner of Liquor Control, and Commissioner
of Motor Vehicles, or their designees;
(2)
one member shall be a member of a mental health or substance abuse
agency who shall be appointed by the Governor; and
(3)
five members shall be appointed by the Governor of which every
consideration shall be given, if possible, to equal geographic apportionment.
Consideration will be given for one of these members to be a certified
practicing teacher and one of these members to be a school administrator.
(c)
The term of office of members appointed pursuant to subdivisions
(b)(2) and (3) of this section shall be three years.
(d)
The Council membership shall annually elect a member to serve as
chairperson.
(e)
All members shall be voting members.
- 345 -
(f)
At the expiration of the term of an appointed member or in the event of
a vacancy during an unexpired term, the new member shall be appointed in the
same manner as his or her predecessor.
Members of the Council may be
reappointed.
(g)
Each member of the Council not otherwise receiving compensation
from the State of Vermont or any political subdivision thereof shall be entitled
to receive per diem compensation as provided in 32 V.S.A. § 1010(b).
Each
member shall be entitled to his or her actual and necessary expenses.
§ 4804.
ADMINISTRATIVE SUPPORT
The Agency of Human Services shall provide the Council with such
administrative support as is necessary for it to accomplish the purposes of this
chapter.
§ 4805.
DUTIES
The Council shall:
(1)
advise the Governor as to the nature and extent of alcohol and drug
abuse problems and the programs necessary to understand, prevent, and
alleviate those problems;
(2)
make
recommendations
to
the
Governor
for
developing
a
comprehensive and coordinated system for delivering effective programs,
including any appropriate reassignment of responsibility for such programs;
(3)
provide for coordination and communication among the regional
alcohol and drug abuse councils, State agencies and departments, providers,
consumers, consumer advocates, and interested citizens;
(4)
jointly, with the State Board of Education, develop educational and
preventive programs; and
(5)
develop a five-year plan for effectively providing preventive,
education, and treatment services to the Vermont public.
§ 4806.
DIVISION OF ALCOHOL AND DRUG ABUSE PROGRAMS
(a)
The Division of Alcohol and Drug Abuse Programs shall plan, operate,
and evaluate a consistent, effective program of substance abuse programs.
All
duties, responsibilities, and authority of the Division shall be carried out and
exercised by and within the Department of Health.
(b)
The Division shall be responsible for the following services:
(1)
prevention and intervention;
(2)
licensure of alcohol and drug counselors;
- 346 -
(3)
project CRASH schools; and
(4)
alcohol and drug treatment.
(c)
Under the direction of the Commissioner of Health, the Deputy
Commissioner of Alcohol and Drug Abuse Programs shall review and approve
all alcohol and drug programs developed or administered by any State agency
or department, except for alcohol and drug education programs developed by
the Agency of Education in conjunction with the Alcohol and Drug Abuse
Council pursuant to 16 V.S.A. § 909.
(d)
Any federal or private funds received by the State for purposes of
subdivision (b)(4) of this section shall be in the budget of and administered by
the Department of Health.
(e)
Under subdivision (b)(4) of this section, the Commissioner of Health
may contract with the Secretary of State for provision of adjudicative services
of one or more administrative law officers and other investigative, legal, and
administrative services related to licensure and discipline of alcohol and drug
counselors.
§ 4807.
AUTHORITY AND ACCOUNTABILITY FOR ALCOHOLISM
SERVICES; RULES FOR ACCEPTANCE INTO TREATMENT
(a)
The Secretary shall have the authority and accountability for providing
or arranging for the provision of a comprehensive system of alcoholism
prevention and treatment services.
(b)
All State funds appropriated specifically for the prevention and
treatment of alcoholism and any federal or private funds which are received by
the State for these purposes shall be in the budget of and be administered by a
single governmental unit designated by the Secretary.
This provision does not
apply to the programs of the Department of Corrections.
(c)
The Secretary shall adopt rules and standards under 3 V.S.A. chapter 25
for the implementation of the provisions of this chapter.
In establishing rules
regarding admissions to alcohol treatment programs, the Secretary shall adhere
to the following guidelines:
(1)
A client shall be initially assigned or transferred to outpatient
treatment,
unless
he
or
she
is
found
to
require
medical
treatment,
detoxification, or residential treatment.
(2)
A person shall not be denied treatment solely because he or she has
withdrawn from treatment against medical advice on a prior occasion or
because he or she has relapsed after earlier treatment.
- 347 -
(3)
An individualized treatment plan shall be prepared and maintained
on a current basis for each client.
(4)
Provision shall be made for a continuum of coordinated treatment
services, so that a person who leaves a program or a form of treatment shall
have available and use other appropriate treatment.
§ 4808.
TREATMENT AND SERVICES
(a)
When a law enforcement officer encounters a person who, in the
judgment of the officer, is intoxicated as defined in section 4802 of this title,
the officer may assist the person, if he or she consents, to his or her home, to
an approved substance abuse treatment program, or to some other mutually
agreeable location.
(b)
When a law enforcement officer encounters a person who, in the
judgment of the officer, is incapacitated as defined in section 4802 of this title,
the person shall be taken into protective custody by the officer.
The officer
shall transport the incapacitated person directly to an approved substance abuse
treatment program with detoxification capabilities or to the emergency room of
a licensed general hospital for treatment, except that if a substance abuse crisis
team or a designated substance abuse counselor exists in the vicinity and is
available, the person may be released to the team or counselor at any location
mutually agreeable between the officer and the team or counselor.
The period
of protective custody shall end when the person is released to a substance
abuse crisis team, a designated substance abuse counselor, a clinical staff
person of an approved substance abuse treatment program with detoxification
capabilities, or a professional medical staff person at a licensed general
hospital emergency room.
The person may be released to his or her own
devices if, at any time, the officer judges him or her to be no longer
incapacitated.
Protective custody shall in no event exceed 24 hours.
(c)
If an incapacitated person is taken to an approved substance abuse
treatment program with detoxification capabilities and the program is at
capacity, the person shall be taken to the nearest licensed general hospital
emergency room for treatment.
(d)
A person judged by a law enforcement officer to be incapacitated and
who has not been charged with a crime may be lodged in protective custody in
a lockup or community correctional center for up to 24 hours or until judged
by the person in charge of the facility to be no longer incapacitated, if and only
if:
(1)
the person refuses to be transported to an appropriate facility for
treatment or, if once there, refuses treatment or leaves the facility before he or
- 348 -
she is considered by the responsible staff of that facility to be no longer
incapacitated; or
(2)
no approved substance abuse treatment program with detoxification
capabilities and no staff physician or other medical professional at the nearest
licensed general hospital can be found who will accept the person for
treatment.
(e)
No person shall be lodged in a lockup or community correctional center
under subsection (d) of this section without first being evaluated and found to
be indeed incapacitated by a substance abuse crisis team, a designated
substance abuse counselor, a clinical staff person of an approved substance
abuse treatment program with detoxification capabilities, or a professional
medical staff person at a licensed general hospital emergency room.
(f)
No lockup or community correctional center shall refuse to admit an
incapacitated person in protective custody whose admission is requested by a
law enforcement officer, in compliance with the conditions of this section.
(g)
Notwithstanding subsection (d) of this section, a person under 18 years
of age who is judged by a law enforcement officer to be incapacitated and who
has not been charged with a crime shall not be held at a lockup or community
correctional center.
If needed treatment is not readily available, the person
shall be released to his or her parent or guardian.
If the person has no parent or
guardian in the area, arrangements shall be made to house him or her according
to the provisions of 33 V.S.A. chapter 53.
The official in charge of an adult
jail or lockup shall notify the Director of the Office of Drug and Alcohol
Abuse Programs of any person under 18 years of age brought to an adult jail or
lockup pursuant to this chapter.
(h)
If an incapacitated person in protective custody is lodged in a lockup or
community correctional center, his or her family or next of kin shall be notified
as promptly as possible.
If the person is an adult and requests that there be no
notification, his or her request shall be respected.
(i)
A taking into protective custody under this section is not an arrest.
(j)
Law enforcement officers or persons responsible for supervision in a
lockup or community correctional center or members of a substance abuse
crisis team or designated substance abuse counselors who act under the
authority of this section are acting in the course of their official duty and are
not criminally or civilly liable therefor, unless for gross negligence or willful
or wanton injury.
Sec. 118a.
18 V.S.A. § 4808 is amended to read:
§ 4808.
TREATMENT AND SERVICES
- 349 -
* * *
(d)
A person judged by a law enforcement officer to be incapacitated and
who has not been charged with a crime may be lodged in protective custody in
a lockup or community correctional center secure facility not operated by the
Department of Corrections for up to 24 hours or until judged by the person in
charge of the facility to be no longer incapacitated, if and only if:
(1)
the person refuses to be transported to an appropriate facility for
treatment or, if once there, refuses treatment or leaves the facility before he or
she is considered by the responsible staff of that facility to be no longer
incapacitated; or
(2)
no approved substance abuse treatment program with detoxification
capabilities and no staff physician or other medical professional at the nearest
licensed general hospital can be found who will accept the person for
treatment.
(e)
No person shall be lodged in a lockup or community correctional center
secure facility under subsection (d) of this section without first being evaluated
and found to be indeed incapacitated by a substance abuse crisis team, a
designated substance abuse counselor, a clinical staff person of an approved
substance abuse treatment program with detoxification capabilities, or a
professional medical staff person at a licensed general hospital emergency
room.
(f)
No lockup or community correctional center shall A lockup not
operated by the Department of Corrections shall not refuse to admit an
incapacitated person in protective custody whose admission is requested by a
law enforcement officer, in compliance with the conditions of this section.
(g)
Notwithstanding subsection (d) of this section, a person under 18 years
of age who is judged by a law enforcement officer to be incapacitated and who
has not been charged with a crime shall not be held at a lockup or community
correctional center.
If needed treatment is not readily available, the person
shall be released to his or her parent or guardian.
If the person has no parent or
guardian in the area, arrangements shall be made to house him or her according
to the provisions of 33 V.S.A. chapter 53.
The official in charge of an adult
jail or lockup shall notify the Director of the Office of Drug and Alcohol
Abuse Programs of any person under 18 years of age brought to an adult jail or
lockup pursuant to this chapter.
(h)
If an incapacitated person in protective custody is lodged in a lockup or
community correctional center secure facility, his or her family or next of kin
shall be notified as promptly as possible.
If the person is an adult and requests
that there be no notification, his or her request shall be respected.
- 350 -
(i)
A taking into protective custody under this section is not an arrest.
(j)
Law enforcement officers or, persons responsible for supervision in a
lockup or community correctional center or secure facility, members of a
substance abuse crisis team or, and and designated substance abuse counselors
who act under the authority of this section are acting in the course of their
official duty and are not criminally or civilly liable therefor, unless for gross
negligence or willful or wanton injury.
Sec. 118b.
18 V.S.A. § 4809 is added to read:
§ 4809.
INCARCERATION FOR INEBRIATION PROHIBITED
A person who has not been charged with a crime shall not be incarcerated in
a facility operated by the Department of Corrections on account of the person’s
inebriation.
Sec. 119.
18 V.S.A. § 5087 is amended to read:
§ 5087.
ESTABLISHMENT OF BIRTH INFORMATION NETWORK
* * *
(c)
The commissioner of health shall refer to the report submitted to the
general assembly by the birth information council, pursuant to section 5086 of
this title, for the purpose of establishing guiding principles for the research and
decision-making necessary for the development of the birth information
network.
[Repealed.]
* * *
Sec. 120.
[Deleted.]
Sec. 121.
18 V.S.A. § 9504(g) is amended to read:
(g)
No member of the board Board shall have any direct or knowing
affiliation or contractual relationship with any tobacco company, its affiliates,
its subsidiaries, or its parent company.
All board members Each board
member shall file a conflict of interest statement, stating that he or she has no
such affiliation or contractual relationship.
Sec. 122.
18 V.S.A. § 9505 is amended to read:
§ 9505.
GENERAL POWERS AND DUTIES
The board Board shall have all the powers necessary and convenient to
carry out and effectuate the purposes and provisions of this section, and shall:
* * *
(5)
review and make recommendations to regarding the overall plan and
- 351 -
any memorandum of understanding developed jointly by the department of
health Department
of
Health and department
of
education Agency
of
Education for school-based programs funded through the tobacco program
fund Tobacco Program Fund;
(6)
review and make recommendations to regarding enforcement
activities administered by the department of liquor control Department of
Liquor Control in accordance with the provisions of this chapter;
(7)
review and advise any state State agency, on applications for funds
contributed from any outside sources that are designated for purposes of
reducing tobacco use;
(8)
in
collaboration
with
the agency Agency and department
Department, annually organize
a
minimum
of
two
public
meetings
by
September 15 of each year, to receive public input and advice for setting
program priorities and establishing an annual program budget;
(9)
conduct jointly with the secretary Secretary a review of the
department’s Department’s proposed annual budget for the program, including
funds contributed from any outside sources that are designated for purposes of
reducing
tobacco
use,
and
submit
independent
recommendations
to
the
governor Governor, joint
fiscal
committee Joint
Fiscal
Committee, and
committee on appropriations of the house of representatives and the senate
House and Senate Committees on Appropriations by October 1 of each year;
(10)
propose to the department Department strategies for program
coordination and collaboration with other state State agencies, nonprofit
organizations dedicated to anti-tobacco activities, health care providers and
organizations,
community
and
school
groups,
nonprofit
organizations
dedicated to anti-tobacco activities, and other nonprofit organizations;
* * *
Sec. 123.
18 V.S.A. § 9506 is amended to read:
§ 9506.
ALLOCATION SYSTEM
(a)
In determining the allocation of funds available for the purposes of this
chapter, the department Department and the board Board shall consider, but
not be limited to, the following all relevant factors, including:
* * *
(b)
The department’s Department’s and board’s Board’s allocation system
shall include a method, developed jointly, that evaluates the need for, and
impact and quality of the activities proposed by eligible applicants, including,
- 352 -
where if appropriate, measuring the outcomes of the project through reductions
in adult and youth smoking rates.
Sec. 124.
18 V.S.A. § 9507 is amended to read:
§ 9507.
ANNUAL REPORT
(a)
By On or before January 15 of each year, the board Board shall submit
a report concerning its activities under this chapter to the governor Governor
and the general assembly which General Assembly.
The report shall include,
to the extent possible, the following:
* * *
Sec. 125.
21 V.S.A. § 1314(e) is amended to read:
(e)(1)
Subject to such restrictions as the Board may by regulation prescribe,
information from unemployment insurance records may be made available to
any public officer or public agency of this or any other state State or the federal
government dealing with the administration or regulation of relief, public
assistance, unemployment compensation, a system of public employment
offices,
wages
and
hours
of
employment,
workers’
compensation,
misclassification or miscoding of workers, occupational safety and health, or a
public works program for purposes appropriate to the necessary operation of
those offices or agencies.
The Commissioner may also make information
available to colleges, universities, and public agencies of the State for use in
connection with research projects of a public service nature, and to the
Vermont Economic Progress Council with regard to the administration of
32 V.S.A. chapter 151, subchapter 11E; but no person associated with those
institutions or agencies may disclose that information in any manner which that
would reveal the identity of any individual or employing unit from or
concerning whom the information was obtained by Commissioner.
(A)
The Department of Labor shall participate in the income and
eligibility verification procedures under Federal Public Law 98-369 (The
Deficit Reduction Act of 1984) the Deficit Reduction Act of 1984, Pub. L. No.
98-369, which provides for the exchange of information among state agencies
administering federally assisted programs for AFDC funded with federal
monies provided under the Temporary Assistance for Needy Families (TANF)
block
grant,
Medicaid, Food
Stamps Supplemental
Nutrition
Assistance
Program (SNAP), SSI, Unemployment Compensation, and any other state
program under a plan approved under Title I, X, XIV, or XVI of the Social
Security Act.
(B)
The Department of Labor is designated as the Vermont agency
for the collection of wage records on workers covered under this chapter, as
- 353 -
required by PL 98-369 the Deficit Reduction Act of 1984, Pub. L. No. 98-369.
(2)(A)(i)
The Department of Labor shall disclose, upon request, to
officers or employees of any State or local child support enforcement agency,
any wage information or other information material to the location of an
individual, the individual’s assets, or the individual’s place of employment or
other
source
of
income
contained
in
the
Department’s
unemployment
compensation claim records with respect to an identified individual which is
contained in those records.
(ii)
The term ―State or local child support enforcement agency‖
means any agency of a State or political subdivision thereof operating pursuant
to a plan described in section Section 454 of the Social Security Act, which has
been approved by the Secretary of Health and Human Services under part D,
Title IV of the Social Security Act.
(B)
The requesting agency shall agree that information provided
under this subsection is to be used only for the following purposes:
(i)
establishing and collecting child support obligations from, and
locating, individuals owing such obligations which are being enforced pursuant
to a plan described in section Section 454 of the Social Security Act which that
has been approved by the Secretary of Health and Human Services under part
D, Title IV of the Social Security Act; and
(ii)
establishing parentage and expediting procedures relating to
establishing parentage pursuant to section Section 466(c)(1) of the Social
Security
Act
as
added
by section Section 325(a)(2)
of
the
Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law
104-193).
(3)(A)
The Department of Labor shall disclose, upon request, to officers
and employees of the U.S. Department of Agriculture and any State food
stamp agency, with respect to an identified individual, any of the following
information which is contained in its records:
(i)
wage information;
(ii)
whether the individual is receiving, has received, or has made
application
for
unemployment
compensation
and
the
amount
of
any
compensation being received or to be received by such individual;
(iii)
the current or most recent home address of the individual; and
(iv)
whether the individual has refused an offer of employment,
and if so, a description of the employment offered and the terms, conditions,
and rate of pay therefor.
- 354 -
(B)
The term ―state food stamp State agency‖ means any agency
described in section (3)(n)(1)
of the Food Stamp Act of 1977 7 U.S.C.
§ 2012(n) which administers the Food Stamp Program Supplemental Nutrition
Assistance Program established under such that act.
(C)
The requesting agency shall agree that such information shall be
used only for purposes of determining the applicant’s eligibility for benefits, or
the amount of benefits, under the Food Stamp Program Supplemental Nutrition
Assistance Program established under the Food Stamp Act of 1977 7 U.S.C.
chapter 51.
(D)
The information shall not be released unless the requesting
agency agrees to reimburse the costs involved for furnishing such information.
(E)
In addition to the requirements of this subdivision, all other
requirements with respect to confidentiality of information obtained in the
administration
of
this
chapter
and
the
sanctions
imposed
for
improper
disclosure of information obtained in the administration of this chapter shall
apply to the use of such information by the officers and employees of any food
stamp State agency or the U.S. Department of Agriculture.
* * *
Sec. 126.
21 V.S.A. § 1367b is amended to read:
§ 1367b.
FOOD STAMP SUPPLEMENTAL NUTRITION ASSISTANCE
PROGRAM INTERCEPT OF UNEMPLOYMENT BENEFITS
(a)
An individual filing a new claim for unemployment compensation shall,
at the time of filing such claim, disclose whether or not he or she owes an
uncollected over issuance (as defined in section 13(c)(1) of the Food Stamp
Act of 1977) overissuance of food stamp coupons Supplemental Nutrition
Assistance Program benefits as defined in 7 U.S.C. § 2022(c)(1).
The
commissioner Commissioner shall notify the state food stamp State agency
administering the Supplemental Nutrition Assistance Program enforcing such
obligation of any individual who discloses that he or she owes an uncollected
over issuance overissuance of food stamp coupons Supplemental Nutrition
Assistance
Program
benefits and
who
is
determined
to
be
eligible
for
unemployment compensation.
(b)
Notwithstanding the provisions of sections 1366 and 1367 of this title,
the commissioner Commissioner shall
deduct
and
withhold
from
any
unemployment
compensation
payable
to
an
individual
who
owes
an
uncollected over issuance overissuance of food stamp coupons Supplemental
Nutrition Assistance Program Benefits:
- 355 -
(1)
the amount specified by the individual to the commissioner
Commissioner to be deducted and withheld under this section; or
(2)
the amount (if any), if any, determined pursuant to an agreement
submitted to the state food stamp State agency administering the Supplemental
Nutrition Assistance Program under section 13(c)(3)(A) of the Food Stamp Act
of 1977 7 U.S.C. § 2022(c)(3)(A); or
(3)
any amount otherwise required to be deducted and withheld from
unemployment compensation pursuant to section 13(c)(3)(B) of the Food
Stamp Act of 1977 7 U.S.C. § 2022(c)(3)(B).
(c)
Any amount deducted and withheld under subsection (b) of this section
shall be paid by the commissioner Commissioner to the appropriate state food
stamp State agency administering the Supplemental Nutrition Assistance
Program.
(d)
Any amount deducted and withheld under subsection (b) of this section
shall for all purposes be treated as if it were paid to the individual as
unemployment compensation and paid by such individual to the state food
stamp State agency administering the Supplemental Nutrition Assistance
Program as repayment of the individual’s uncollected
over
issuance
overissuance of food
stamp
coupons Supplemental
Nutrition
Assistance
Program benefits.
(e)
For purposes of As used in this section, the term ―unemployment
compensation‖ means any compensation payable under this chapter, and any
federal benefit payments made pursuant to agreements with the United States
U.S. Department of Labor.
(f)
This section applies only if
arrangements have been made for
reimbursement by the state food stamp State agency administering the
Supplemental
Nutrition
Assistance
Program for
the
administrative
costs
incurred by the commissioner Commissioner under this section which are
attributable to the repayment of uncollected over issuances overissuances of
food stamp coupons Supplemental Nutrition Assistance Program benefits to
the state State agency administering the Supplemental Nutrition Assistance
Program.
(g)
Any deduction and withholding authorized by this section shall not
exceed 25 percent of the individual’s weekly benefit amount.
Sec. 127.
24 V.S.A. § 4412(5) is amended to read:
(5) Child care.
A ―family child care home or facility‖ as used in this
subdivision means a home or facility where the owner or operator is to be
licensed or registered by the State for child care.
A family child care home
- 356 -
serving six or fewer children shall be considered to constitute a permitted
single-family residential use of property.
A family child care home serving no
more than six full-time children and four part-time children, as defined in
subdivision 33 V.S.A. §
4902(3)(A) § 3511(7),
shall
be
considered
to
constitute a permitted use of property but may require site plan approval based
on local zoning requirements.
A family child care facility serving more than
six full-time and four part-time children may, at the discretion of the
municipality, be subject to all applicable municipal bylaws.
Sec. 128.
26 V.S.A. chapter 28, subchapter 4 is added to read:
Subchapter 4.
Sexual Assault Nurse Examiners
§ 1621.
DEFINITION
As used in this subchapter, ―SANE‖ means sexual assault nurse examiner.
§ 1622.
SANE BOARD
(a)
The SANE Board is created for the purpose of regulating sexual assault
nurse examiners.
(b)
The SANE Board shall be composed of the following members:
(1)
the Executive Director of the Vermont State Nurses Association or
designee;
(2)
the President of the Vermont Association of Hospitals and Health
Systems;
(3)
the Director of the Vermont Forensic Laboratory or designee;
(4)
the Director of the Vermont Network Against Domestic and Sexual
Violence or designee;
(5)
an attorney with experience prosecuting sexual assault crimes,
appointed by the Attorney General;
(6)
the Executive Director of the Vermont Center for Crime Victim
Services or designee;
(7) a law enforcement officer assigned to one of Vermont’s special units
of investigation, appointed by the Commissioner of Public Safety;
(8)
a
law
enforcement
officer
employed
by
a
municipal
police
department, appointed by the Executive Director of the Vermont Criminal
Justice Training Council;
(9)
three sexual assault nurse examiners, appointed by the Attorney
General;
- 357 -
(10)
a physician whose practice includes the care of victims of sexual
assault, appointed by the Vermont Medical Society;
(11)
a pediatrician whose practice includes the care of victims of sexual
assault, appointed by the Vermont Chapter of the American Academy of
Pediatrics;
(12)
the Coordinator of the Vermont Victim Assistance Program or
designee;
(13)
the President of the Vermont Alliance of Child Advocacy Centers
or designee;
(14)
the Chair of the Vermont State Board of Nursing or designee; and
(15)
the Commissioner for Children and Families or designee.
§ 1623.
SANE PROGRAM CLINICAL COORDINATOR
A grant program shall be established by the Vermont Center for Crime
Victim Services, subject to available funding, to fund a clinical coordinator
position for the purpose of staffing the SANE program.
The position shall be
contracted through the Vermont Network Against Domestic and Sexual
Violence.
The clinical coordinator shall consult with the SANE board in
performing the following duties:
(1)
overseeing the recruitment and retention of SANEs in the State of
Vermont;
(2)
administering a statewide training program, including:
(A)
the initial SANE certification training;
(B)
ongoing training to ensure currency of practice for SANEs; and
(C)
advanced training programs as needed;
(3)
providing consultation and technical assistance to SANEs and
hospitals regarding the standardized sexual assault protocol; and
(4)
providing
training
and
outreach
to
criminal
justice
and
community-based agencies as needed.
§ 1624.
SANE BOARD; DUTIES
(a)
A person licensed under this chapter may obtain a specialized
certification as a sexual assault nurse examiner if he or she demonstrates
compliance with the requirements for specialized certification as established by
the SANE Board by rule.
(b)
The SANE Board shall adopt the following by rule:
- 358 -
(1)
educational requirements for obtaining specialized certification as a
sexual assault nurse examiner and statewide standards for the provision of
education;
(2)
continuing education requirements and clinical experience necessary
for maintenance of the SANE specialized certification;
(3)
a standardized sexual assault protocol and kit to be used by all
physicians and hospitals in this State when providing forensic examinations of
victims of alleged sexual offenses;
(4)
a system of monitoring for compliance; and
(5)
processes for investigating complaints, revoking certification, and
appealing decisions of the Board.
(c)
The SANE board may investigate complaints against a sexual assault
nurse examiner and may revoke certification as appropriate.
Sec. 129.
26 V.S.A. chapter 62 is added to read:
CHAPTER 62.
ALCOHOL AND DRUG ABUSE COUNSELORS
§ 3231.
DEFINITIONS
As used in this chapter:
(1) ―Alcohol and drug abuse counselor‖ means a person who engages in
the practice of alcohol and drug abuse counseling for compensation.
(2) ―Commissioner‖ means the Commissioner of Health.
(3)
―Deputy Commissioner‖ means the Deputy Commissioner of the
Division of Alcohol and Drug Abuse Programs.
(4) ―Disciplinary action‖ means any action taken by the administrative
law officer appointed pursuant to 3 V.S.A. § 129(j) against a licensee or
applicant based on a finding of unprofessional conduct by the licensee or
applicant.
―Disciplinary action‖ includes issuance of warnings and all
sanctions, including denial, suspension, revocation, limitation, or restriction of
licenses and other similar limitations.
(5)
―Practice of alcohol and drug abuse counseling‖ means the
application of methods, including psychotherapy, which assist an individual or
group to develop an understanding of alcohol and drug abuse dependency
problems and to define goals and plan actions reflecting the individual’s or
group’s interests, abilities, and needs as affected by alcohol and drug abuse
dependency problems and comorbid conditions.
(6)
―Supervision‖ means the oversight of a person for the purposes of
- 359 -
teaching, training, or clinical review by a professional in the same area of
specialized practice.
§ 3232.
PROHIBITION; PENALTIES
(a)
No person shall perform either of the following acts:
(1)
practice or attempt to practice alcohol and drug abuse counseling
without a valid license issued in accordance with this chapter, except as
otherwise provided in section 3233 of this title; or
(2)
use in connection with the person’s name any letters, words, or
insignia indicating or implying that the person is an alcohol and drug abuse
counselor, unless the person is licensed in accordance with this chapter.
(b)
A person who violates any of the provisions of this section shall be
subject to the penalties provided in 3 V.S.A. § 127(c).
§ 3233.
EXEMPTIONS
The provisions of subdivision 3232(a)(1) of this chapter, relating to the
practice of alcohol and drug abuse counseling, shall not apply to:
(1)
the activities and services of a rabbi, priest, minister, Christian
Science practitioner, or clergy of any religious denomination or sect when
engaging in activities that are within the scope of the performance of the
person’s regular or specialized ministerial duties and for which no separate
charge is made, or when these activities are performed, with or without charge,
for or under the auspices or sponsorship, individually or in conjunction with
others, of an established and legally recognizable church, denomination, or sect
and when the person rendering services remains accountable to the established
authority of that church, denomination, or sect;
(2)
the activities and services of a person licensed, certified, or
registered under other laws of this State while acting within the scope of his or
her profession or occupation, provided the person does not hold himself or
herself out to the public as possessing a license issued pursuant to this chapter;
(3)
the activities and services of a student intern or trainee in alcohol and
drug abuse counseling who is pursuing a course of study in an accredited
institution of higher education or a training course approved by the Director,
provided these activities are performed under supervision of and constitute a
part of an approved course of study;
(4)
the activities and services of approved alcohol and drug abuse
counselors who are working under the supervision of a licensed alcohol and
drug abuse counselor; or
- 360 -
(5)
a person acting as a member of a voluntary group of individuals who
offer peer support to each other in recovering from an addiction.
§ 3234.
COORDINATION OF PRACTICE ACTS
Notwithstanding any provision of law to the contrary, a person may practice
psychotherapy when acting within the scope of a license granted under this
chapter, provided he or she does not hold himself or herself out as a
practitioner of a profession for which he or she is not licensed.
§ 3235.
DEPUTY COMMISSIONER; DUTIES
(a)
The Deputy Commissioner shall:
(1)
provide general information to applicants for licensure as alcohol
and drug abuse counselors;
(2)
administer fees collected under this chapter;
(3)
administer examinations;
(4)
explain appeal procedures to licensees and applicants for licensure;
(5)
receive applications for licensure under this chapter; issue and renew
licenses; and revoke, suspend, reinstate, or condition licenses as ordered by an
administrative law officer; and
(6)
contract with the Office of Professional Regulation to adopt and
explain
complaint
procedures
to
the
public,
manage
case
processing,
investigate complaints, and refer adjudicatory proceedings to an administrative
law officer.
(b)
The
Commissioner
of
Health,
with
the
advice
of
the
Deputy
Commissioner,
may
adopt
rules
necessary
to
perform
the
Deputy
Commissioner’s duties under this section.
§ 3236.
ELIGIBILITY
To be eligible for licensure as an alcohol and drug abuse counselor, an
applicant shall:
(1)
have received a master’s degree or doctorate in a human services
field
from
an
accredited
educational
institution,
including
a
degree
in
counseling, social work, psychology, or in an allied mental health field, or a
master’s degree or higher in a health care profession regulated under this title
or Title 33, after having successfully completed a course of study with course
work, including theories of human development, diagnostic and counseling
techniques, and professional ethics, and which includes a supervised clinical
practicum; and
- 361 -
(2)
have been awarded an approved counselor credential from the
division of alcohol and drug abuse programs in accordance with rules adopted
by the Commissioner.
§ 3237.
APPLICATION
An individual may apply for a license under this chapter by filing, with the
Deputy Commissioner, an application provided by the Deputy Commissioner.
The application shall be accompanied by the required fees and evidence of
eligibility.
§ 3238.
BIENNIAL RENEWALS
(a)
Licenses shall be renewed every two years upon payment of the
required fee, provided the person applying for renewal completes at least 40
hours of continuing education, approved by the Deputy Commissioner, during
the preceding two-year period.
The Deputy Commissioner shall establish, by
rule, guidelines and criteria for continuing education credit.
(b)
Biennially, the Deputy Commissioner shall forward a renewal form to
each license holder.
Upon receipt of the completed form and the renewal fee,
the Deputy Commissioner shall issue a new license.
(c)
Any application for renewal of a license which has expired shall be
accompanied by the renewal fee and a reinstatement fee.
A person shall not be
required to pay renewal fees for years during which the license was lapsed.
(d)
The Commissioner of Health may, after notice and opportunity for
hearing, revoke a person’s right to renew a license if the license has lapsed for
five or more years.
§ 3239.
UNPROFESSIONAL CONDUCT
The following conduct and the conduct set forth in 3 V.S.A. § 129a, by a
person authorized to provide alcohol and drug abuse services under this
chapter or an applicant for licensure, constitutes unprofessional conduct:
(1)
violation of any provision of this chapter or rule adopted under this
chapter;
(2)
failing to use a complete title in professional activity;
(3)
conduct which evidences moral unfitness to practice alcohol and
drug abuse counseling;
(4)
negligent, incompetent, or wrongful conduct in the practice of
alcohol and drug abuse counseling;
(5)
harassing, intimidating, or abusing a client; or
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(6)
agreeing with any other person or organization or subscribing to any
code of ethics or organizational bylaws when the intent or primary effect of
that agreement, code, or bylaw is to restrict or limit the flow of information
concerning alleged or suspected unprofessional conduct to the Director.
§ 3240.
REGULATORY FEE FUND
(a)
An Alcohol and Drug Counselor Regulatory Fee Fund is created.
All
counselor licensing and examination fees received by the Division shall be
deposited into the Fund and used to offset the costs incurred by the Division
for these purposes and for the costs of investigations
and disciplinary
proceedings.
(b)
To ensure that revenues derived by the Division are adequate to offset
the
cost
of
regulation,
the
Commissioner
of
Health
and
the
Deputy
Commissioner shall review fees from time to time and present proposed fee
changes to the General Assembly.
§ 3241.
FEES
In addition
to
the
fees
otherwise
authorized
by
law,
the
Deputy
Commissioner may charge the following fees:
(1)
Late renewal penalty, $25.00 for a renewal submitted less than 30
days late.
Thereafter, the Deputy Commissioner may increase the late renewal
penalty by $5.00 for every additional month or fraction of a month, provided
that the total penalty for a late renewal shall not exceed $100.00.
(2)
Reinstatement of revoked or suspended license, $20.00.
(3)
Replacement of license, $20.00.
(4)
Verification of license, $20.00.
(5)
An examination fee established by the Deputy Commissioner, which
shall be no greater than the costs associated with examinations.
(6)
Licenses
granted
under
rules
adopted
pursuant
to
3 V.S.A.
§ 129(a)(10), $20.00.
(7)
Application for registration, $75.00.
(8)
Application for licensure or certification, $100.00.
(9)
Biennial renewal, $135.00.
(10)
Limited temporary license or work permit, $50.00.
Sec. 130.
28 V.S.A. § 3(1) is amended to read:
(1) ―Child‖ means any person:
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(A)
Charged charged with having committed a delinquent act as
defined in 33 V.S.A. § 5102 or adjudicated a delinquent and committed to the
custody of the Commissioner; or
(B)
Charged charged with being or adjudicated unmanageable as
defined in by 33 V.S.A. § 5102(3)(C) and (D), and committed to the custody of
the Commissioner for Children and Families and subsequently transferred to
the custody of the Commissioner;.
(C)
Who has been admitted to the Weeks School upon application
pursuant to sections 1151 and 1152 of this title.;
Sec. 131.
28 V.S.A. § 702(a) is amended to read:
(a)
The commissioner Commissioner may transfer any inmate committed
to his or her custody between any of the correctional facilities except that the
commissioner Commissioner shall not have the authority to transfer a child, as
defined in this title, to any facility except in accordance with section 5530 of
Sec. 132.
28 V.S.A. § 1003 is amended to read:
§ 1003.
COMMITMENTS
When process is delivered to an officer to serve, requiring the officer to
commit a person to jail to await examination or trial before a district or
superior court District or Superior Court, if the order for commitment was
made within the limits of a town, incorporated village, or a county maintaining
a lockup, that person may be committed for not more than 72 hours, unless the
time is extended by court order, to the lockup and be subject to the restraints
and entitled to the privileges provided by law for persons confined in a
correctional facility.
A person under 18 years of age charged or convicted of a
misdemeanor may not be detained in a lockup used to house inmates over
18 years of age, except as provided in section 5530 of Title 33 V.S.A. § 5293.
Sec. 133.
28 V.S.A. § 1101 is amended to read:
§ 1101.
POWERS AND RESPONSIBILITIES OF THE COMMISSIONER
REGARDING JUVENILE SERVICES
The
Commissioner
is
charged
with
the
following
powers
and
responsibilities regarding the administration of juvenile services:
(1)
To to provide appropriate, separate facilities for the custody and
treatment of children committed to his or her custody in accordance with the
laws of the State;
(2)
To to supervise and administer and oversee the maintenance of the
facilities,
in
accordance
with
the various
powers
and
responsibilities
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established in the office of Commissioner by this title, by 33 V.S.A. chapter 55
(3)
To to advise, upon request and in his or her discretion, local, state,
and federal officials and public and private agencies and lay groups on the
needs for and possible methods of the reduction and prevention of delinquency
and the treatment of delinquents;
(4)
To to cooperate with other agencies whose services deal with the
care and treatment of delinquents to the end that children who are committed to
the custody of the Commissioner may wherever possible be assisted to a
successful adjustment outside institutional care;
(5)
To to cooperate with other agencies in surveying, developing, and
utilizing the resources of a community as a means of combatting combating the
problem of juvenile delinquency and of effectuating rehabilitation; and
(6)
To to hold community and State conferences from time to time in
order to acquaint the public with current issues of juvenile delinquency;.
(7)
[Repealed.]
Sec. 134.
INTERPRETATION
The technical amendments in this act shall not supersede substantive
changes contained in other acts passed by the General Assembly.
Where
possible, the amendments in this act shall be interpreted to be supplemental to
other amendments to the same sections of statute; to the extent the provisions
conflict, the substantive changes in other acts shall take precedence over the
technical changes in this act.
Sec. 135.
EFFECTIVE DATES
This act shall take effect on passage, except that Secs. 118a and 118b
(amending 18 V.S.A. § 4808 and adding 18 V.S.A. § 4809) take effect on July
1, 2014.
( Committee Vote: 10-0-1)
Action Under Rule 52
J.R.H. 15
Joint resolution urging Congress to support H.R. 485, The National Nurse Act
of 2013
(For text see House Journal 1/29/2014)
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Consent Calendar
Concurrent Resolutions
The following concurrent resolutions have been introduced for approval by
the Senate and House and will be adopted automatically unless a Senator or
Representative requests floor consideration before the end of the session of the
next legislative day.
Requests for floor consideration in either chamber should
be communicated to the Secretary’s office and/or the House Clerk’s office,
respectively.
For text of resolutions, see Addendum to House Calendar and
Senate Calendar.
H.C.R. 206
House concurrent resolution congratulating Green Mountain RSVP on its
40th anniversary of community service
H.C.R. 207
House concurrent resolution congratulating the Rutland Gift-of-Life Marathon
on establishing a new national one-day blood donation record
H.C.R. 208
House concurrent resolution recognizing the role of registered nurses in the
delivery of quality health care in Vermont
H.C.R. 209
House concurrent resolution congratulating the
Vermont Cynic
on its 130th
anniversary
H.C.R. 210
House concurrent resolution congratulating the 2013 Woodstock Union High
School Wasps Division III championship football team
H.C.R. 211
House concurrent resolution in memory of Chet Briggs of Calais
H.C.R. 212
House concurrent resolution recognizing the innovative cross-cultural mission
of the Izdahar arts exchange organization
H.C.R. 213
House concurrent resolution in memory of Margaret Hurley Franzen of
Montpelier
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Public Hearings
January 30, 2014 - Room 11 – 5:00-7:00 PM - S. 287 Involuntary Treatment
and Medication - Senate Judiciary and Health and Welfare
Monday, February 10, 2014, 4:00 - 6:30 p.m. –
The House and Senate
Committees on Appropriations will hold a joint public hearing on Vermont
Interactive Technologies (V.I.T.) to give Vermonters throughout the state an
opportunity to express their views about the state budget for fiscal year 2015.
All 13 V.I.T. sites will be available for the hearing: Bennington, Brattleboro,
Johnson, Lyndonville, Middlebury, Montpelier, Newport, Randolph
Center, Rutland, Springfield, St. Albans, White River Junction and Williston.
V.I.T.'s web site has an up-to-date location listing, including driving directions,
addresses and telephone numbers,
http://www.vitlink.org/
.
The budget hearing will be VIEWABLE via the Internet if your computer has
Flash-based streaming capabilities. Some mobile devices may require
additional software.
Go to
www.vitlink.org/streamingmedia/vtcvitopen.php
.
The Governor’s budget proposal can be viewed at the Department of Finance’s
website:
http://finance.vermont.gov/state_budget/rec
. For information about the
format of this event or to submit written testimony, call the House
Appropriations Committee office at 802/828-5767 or email
tutton@leg.state.vt.us
. Requests for interpreters should be made to the office
by 3:00 p.m. on Monday, January 27, 2014.
February 6, 2014 - House Chamber – 6:00-8:00pm - H112 GMO Labeling –
Senate Agriculture and Senate Judiciary
February 19, 2014 - Room 11 - 7:00p,- 8:30pm - Judicial retention - Joint
Committee on Judicial Retention
Thursday, January 30, 2014 - Romm 11 - 10:00am-12:00pm - H.208 - Earned
Sick Days - House General. Housing, and Military Affairs
February 13, 2014 - House Chamber - 7:00-9:00 pm - H. 586 - Improving the
Quality of State Waters - House Agriculture and Forest Products
Information Notice
Deadline for Introducing Bills
Pursuant to Rule 40(b) of the Rules and Orders of the Vermont House of
Representatives, during the second year of the biennium, except with the prior
consent of the Committee on Rules, no member may introduce a bill into the
House drafted in standard form after the last day of January.
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Pursuant to Rule 40(c) during the second year of the biennium, except with
the prior consent of the Committee on Rules, no committee, except the
Committees on Appropriations, Ways and Means or Government Operations,
may introduce a bill drafted in standard form after the last day of March
(March 31, 2014).
The Committees on Appropriations and Ways and Means
bill may be drafted in standard form at any time, and Government Operations
bills pertaining to city or town charters, may be drafted in standard form at any
time.
Joint Assembly
February 20, 2014 - 10:30 A.M. – Election of two (2) trustees for the
Vermont State Colleges Corporation.
Candidates for the positions of trustee must notify the Secretary of State
in
writing
not later than February 13, 2014 , by 4:30 P.M. pursuant to the
provisions of 2 V.S.A. §12(b).
Otherwise their names will not appear on the
ballots for these positions.
Do not use pink mail to deliver notification to the
Secretary of State.
Hand delivery is the best method to insure notification has
been received.
The following rules shall apply to the conduct of these elections:
First:
All nominations for these offices will be presented in alphabetical
order prior to voting.
Second:
There will be only one nominating speech of not more than three
(3) minutes and not more than two seconding speeches of not more than one
(1) minute each for each nominee.