§ 9714. Failure to follow advance directive; unauthorized access of registry; administrative penalties
(a) A health care provider, health care facility, residential care facility, funeral director, crematory operator, or cemetery official, or an employee of any of them having actual knowledge of an advance directive or an instruction of the principal, agent, or guardian is subject to review and disciplinary action by the appropriate licensing entity for failing to act in accordance with the advance directive or instruction or with subsection 9707(b) of this title.
(b) A health care provider, health care facility, residential care facility, funeral home director, crematory operator, cemetery official, probate division official, or procurement organization, or an employee of any of them, who accesses the registry without authority or when authority has been denied specifically by the principal, agent, or guardian is subject to review and disciplinary action by the appropriate licensing, accreditation, or approving entity.
(c) Nothing in this section shall be construed as limiting any other available remedies.
(d) Liability for the cost of health care, disposition of remains, anatomical gifts, or funeral goods and services provided pursuant to an advance directive or pursuant to an instruction of the agent, guardian, or individual designated in an advance directive to make decisions regarding disposition of remains shall be the same as if the services were provided pursuant to the principal’s decision. (Added 2005, No. 55, § 1, eff. Sept. 1, 2005; amended 2005, No. 215 (Adj. Sess.), § 337.)
Structure Vermont Statutes
§ 9704. Amendment, suspension, and revocation
§ 9706. When advance directive becomes effective
§ 9710. Consent for hospice care
§ 9711. Authority and obligations of agent
§ 9715. Interpretation with other laws
§ 9716. Reciprocity; choice of law
§ 9717. Presumption of validity
§ 9718. Petition for review by the Probate Division of the Superior Court
§ 9719. Obligations of State agencies
§ 9721. Advance directives; COVID-19; remote witnesses and explainers