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Privacy and Confidentiality in Vermont

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Vermont law protects an individual’s right to privacy and confidentiality of medical information.1 Medical information obtained by state agencies for health-related research is confidential.2 Health care providers must obtain written authorization from patients prior to disclosing medical information to third parties.3

Vermont law permits the disclosure of medical information for specific reasons. For example, health care providers are required to report medical information to the Department of Health or to other state authorities to protect public health and enable medical research.4

 

Footnotes

  • 1. 12 Vermont Statutes §§1612, 1705; 18 Vermont Statutes §§1127, 1852, 7103, 9332, 9333, 9334, 9335; 26 Vermont Statutes §§1360; ; 33 Vermont Statutes §7301
  • 2. 1 Vermont Statutes §317; 18 Vermont Statutes §9410
  • 3. 18 Vermont Statutes §1852
  • 4. 18 Vermont Statutes §§152, 153,154, 155, 156, 157, 1001, 1091, 1091a, 1092, 1096, 1099, 1101, 1129, 1555, 1917, 4217, 4284, 5088; 26 Vermont Statutes §§524, 1441, 1443; 33 Vermont Statutes §§6903, 6911

 

Privacy and Confidentiality in Vermont

Subtopic Statute/Regulation Description
Privacy and Confidentiality 12-4 Vt. Code R. 200:13 - Nursing home clinical records under the Agency of Human Services regulations “Clinical records under the Agency of Human Services regulations” Nursing facilities must maintain clinical records on each resident and...
12-4 Vt. Code R. 200:3 - Residents’ rights of the agency of human services regulation “Residents’ rights of the agency of human services regulation” A nursing facility must establish written policies and procedures...
12-4 Vt. Code R. 202:6 - Nursing home resident’s rights under the Agency of Human Services regulations “Resident’s rights under the Agency of Human Services regulations” Nursing homes must establish and adhere to a written policy...
12-4 Vt. Code R. 203:6 - Terminally ill residents’ rights under the Agency of Human Services regulations “Residents’ rights under the Agency of Human Services regulations” Each home for the terminally ill must establish a written policy...
12-4 Vt. Code R. 205:14 - Clinical records under the Agency of Human Services regulations “Clinical records under the Agency of Human Services regulations” A home health agency must maintain a clinical record for each patient...
12-4 Vt. Code R. 205:17 - Home health agency patient rights under the Agency of Human Services regulations “Patient rights under the Agency of Human Services regulations” A patient of a home health agency has the following rights: The right...
12-5 Vt. Code R. 100 Attachment B - Ethical Standards for Alcohol & Drug Abuse Counselors Ethical Standards for Alcohol & Drug Abuse Counselors Vermont does not provide statutory protection for substance abuse treatment records, though...
12-5 Vt. Code R. 12:1 - General provisions regarding the Department of Health’s Division of Health Surveillance under the Agency of Human Services regulations “General provisions under the Agency of Human Services regulations” The Department of Health’s Division of Health Surveillance is...
12-5 Vt. Code R. 16:1 - General provisions under the Agency of Human Services regulations “General provisions under the Agency of Human Services regulations” The Department of Health must implement the patient safety...
12-6 Vt. Code R. 2:6 - Definitions and general policies under the Agency of Human Services regulations “Definitions and general policies under the Agency of Human Services regulations” An intermediate care facility for the developmentally...
20-4 Vt. Code R. 1100:11 - Discipline regarding nurses under the secretary of state regulations “Discipline under the secretary of state regulations” The Office of Professional Regulation may discipline nurses for unprofessional...
20-4 Vt. Code R. 2100:2 - Disclosure of mental health information (general) under the secretary of state regulations “Disclosure of information (general) under the secretary of state regulations” Every licensed clinical mental health counselor, marriage...
20-4 Vt. Code R. 500:7 - Chiropractor minimal recordkeeping standards under the secretary of state regulations “Minimal recordkeeping standards under the secretary of state regulations” Chiropractors must maintain patient records. Chiropractors...
4-3 Vt. Code R. 42:17 - When authorization required for disclosure of nonpublic personal health information under the Department of Banking, Insurance, Securities, and Health Care Administrative regulations “When authorization required for disclosure of nonpublic personal health information under the Department of Banking, Insurance, Securities,...
4-3 Vt. Code R. 42:19 - Authorizations request delivery under the Department of Banking, Insurance, Securities, and Health Care Administrative regulations “Authorizations request delivery under the Department of Banking, Insurance, Securities, and Health Care Administrative regulations” A...
4-3 Vt. Code R. 46:3 - Information security program under the Department of Financial Regulation regulations “Information security program under the Department of Financial Regulation regulations” An insurer must implement a comprehensive written...
4-5 Vt. Code R. 3:10.200 - Basic consumer protections required of all managed care organizations under the Department Financial Regulation regulations “Basic consumer protections required of all managed care organizations under the Department Financial Regulation regulations” (2.1) Each...
Vt. Stat. Ann. tit. 1, § 317 - Definitions; public agency; public records and documents under the general provisions law “Definitions; public agency; public records and documents under the general provisions law” Any record or information developed for...
Vt. Stat. Ann. tit. 12, § 1612 - Patient’s privilege under the evidence law “Patient’s privilege under the evidence law” Communications between a physician, chiropractor, dentist, nurse, or mental health...
Vt. Stat. Ann. tit. 12, § 1705 - HIV-related testing information under the court procedure law “HIV-related testing information under the court procedure law” A court must issue an order requiring the disclosure of a person’s...
Vt. Stat. Ann. tit. 18, § 1001 - Reports of communicable disease to commissioner of health under the health law “Reports to commissioner of health under the health law” A health care provider or school health official must report cases of...
Vt. Stat. Ann. tit. 18, § 1092 - Venereal disease reporting “Treatments, refusal, penalty under the health law” A physician who treats a patient with gonorrhea or syphilis must immediately report...
Vt. Stat. Ann. tit. 18, § 1096 - Penalty for violation of veneral disease reporting requirements under the health law “Penalty under the health law” A person who violates reporting requirements for venereal diseases may be fined up to $500, imprisonment...
Vt. Stat. Ann. tit. 18, § 1099 - Reports and records regarding venereal disease confidential under the health law “Reports and records confidential under the health law” All information and reports relating to persons suffering from venereal diseases...
Vt. Stat. Ann. tit. 18, § 1101 - Reports by public institutions regarding venereal disease under the health law “Reports by public institutions under the health law” Public institutions such as hospitals, dispensaries, clinics, homes, asylums,...
Vt. Stat. Ann. tit. 18, § 1127 - HIV discrimination and testing in educational settings prohibited under the health law “Discrimination and testing prohibited under the health law” No school district or educational institution may request or require any...
Vt. Stat. Ann. tit. 18, § 1129 - Immunization registry under the health law “Immunization registry under the health law” A health care provider must report to the Department of Health all data regarding...
Vt. Stat. Ann. tit. 18, § 152 - Establishment of cancer registry under the health law “Establishment of cancer registry under the health law” The Department of Health has the authority to establish a statewide cancer...
Vt. Stat. Ann. tit. 18, § 153 - Participation in cancer registry program under the health law “Participation in program under the health law” A health care facility or provider must report cases of cancer to the Department of...
Vt. Stat. Ann. tit. 18, § 154 - Cancer registry confidentiality under the health law “Confidentiality under the health law” Information contained in the state’s cancer registry is confidential and privileged and may...
Vt. Stat. Ann. tit. 18, § 155 - Disclosure of information in connection with the cancer registry under the health law “Disclosure under the health law” The Department of Health may exchange confidential information contained in the cancer registry with...
Vt. Stat. Ann. tit. 18, § 1555 - Information related to maternal mortality under the health law “Information related to maternal mortality under the health law” Health care providers, health care facilities, clinics, laboratories,...
Vt. Stat. Ann. tit. 18, § 156 - Immunity in connection with the cancer registry under the health law “Liability under the health law” A health care provider or facility that reports cases of cancer to the cancer registry must not be held...
Vt. Stat. Ann. tit. 18, § 157 - Vermont mammography program under the health law “Vermont mammography program under the health law” The confidentiality, disclosure, and liability provisions regarding Vermont’s...
Vt. Stat. Ann. tit. 18, § 1852 - Hospital patients’ bill of rights; adoption under the health law “Patients’ bill of rights; adoption under the health law” The "Bill of Rights for Hospital Patients" provides patients the...
Vt. Stat. Ann. tit. 18, § 1917 - Protection and disclosure of information held by the department of health under the health law “Protection and disclosure of information under the health law” All information made available to the Department of Health regarding...
Vt. Stat. Ann. tit. 18, § 4217 - Reports by physicians and hospitals of prescription drug abuse under the health law “Reports by physicians and hospitals under the health law” Every physician and hospital must report to the board of health all cases of...
Vt. Stat. Ann. tit. 18, § 4284 - Protection and disclosure of information under the health law “Protection and disclosure of information under the health law” The data collected by the Vermont prescription monitoring system is...
Vt. Stat. Ann. tit. 18, § 5088 - Birth information network; confidentiality under the health law “Birth information network; confidentiality under the health law” The birth information network must protect the confidentiality of the...
Vt. Stat. Ann. tit. 18, § 7103 - Disclosure of mental health information under the health law “Disclosure of information under the health law” Mental health information disclosed to a court pursuant to a court order must be kept...
Vt. Stat. Ann. tit. 18, § 7103 - Disclosure of mental health information under the health law Records and information relating to the mental health of an individual are confidential and privileged to the patient, and may only be disclosed in...
Vt. Stat. Ann. tit. 18, § 9332 - Genetic testing; limitations under the health law “Genetic testing; limitations under the health law” Genetic testing must be performed only with the individual’s informed consent...
Vt. Stat. Ann. tit. 18, § 9333 - Genetic testing; employment; membership in a labor organization; professional licensure under the health law “Genetic testing; employment; membership in a labor organization; professional licensure under the health law” A person and the person...
Vt. Stat. Ann. tit. 18, § 9334 - Genetic testing as a condition of insurance coverage under the health law “Genetic testing as a condition of insurance coverage under the health law” An insurance policy must be based on an individual’s...
Vt. Stat. Ann. tit. 18, § 9335 - Remedies under the health law “Remedies under the health law” An individual who improperly uses genetic information must be imprisoned up to a year or fined up to $10,...
Vt. Stat. Ann. tit. 18, § 9410 - Health care database “Health care database under the health law” The commissioner of Vermont health access must establish a unified health care database to...
Vt. Stat. Ann. tit. 26 § 1443 - Records immune from discovery under the professions and occupations law “Records immune from discovery under the professions and occupations law” The proceedings and records of peer review committees are...
Vt. Stat. Ann. tit. 26, § 1360 - Hearing before board under the professions and occupations law “Hearing before board under the professions and occupations law” The licensing board may conduct a hearing if it believes that a licensed...
Vt. Stat. Ann. tit. 26, § 524 - Reporting of contagious and infectious diseases; death certificates under the professions and occupations law “Reporting of contagious and infectious diseases; death certificates under the professions and occupations” Chiropractors must comply...
Vt. Stat. Ann. tit. 3, § 153.003 - Rules Regarding Maintenance of Patient Records Rules Regarding Maintenance of Patient Records The Texas Medical Board must establish the length of time that physicians must maintain patient...
Vt. Stat. Ann. tit. 33, § 6903 - Reporting suspected abuse, neglect, and exploitation of vulnerable adults under the human services law “Reporting suspected abuse, neglect, and exploitation of vulnerable adults under the human services law” Any health care professional or...
Vt. Stat. Ann. tit. 33, § 6911 - Records of abuse, neglect, and exploitation under the human services law “Records of abuse, neglect, and exploitation under the human services law” Information, including the identity of the reporter, obtained...
Vt. Stat. Ann. tit. 33, § 7301 - Nursing home residents’ bill of rights under the human services law “Nursing home residents’ bill of rights under the human services law” A nursing home resident has the following rights: The...
Confidentiality of substance abuse records Vt. Admin. Code 12-5-102:6.0
Click on the individual state law in the table above to see our summary of the individual law.


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