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Dec 3, 2012 (4 years and 6 months ago)

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Senate Calendar

TUESDAY, MAY 21, 200
2

135th DAY OF BIENNIAL SESSION

ORDERS OF THE DAY

ACTION CALENDAR

UNFINISHED BUSINESS OF MONDAY, MAY 20, 2002

Second Reading

Favorable with Proposal of Amendment

H.

760.

An act relating to compensation and benefits for c
ertain state employees,
and the creation of a process for review of compensation and benefits
adjustments.

Reported favorably with recommendation of proposal of amendment by
Senator Condos for the Committee on Government Operations.

The Committee recommend
s that the Senate propose to the House to amend
the bill as follows:

First
: By adding a new Sec. 5a to read as follows:

Sec. 5a. 3 V.S.A. § 459(d)(2) is amended to read:

(2) Upon early retirement, a group F member, except facility employees
of the depar
tment of corrections, department of corrections employees who
provide direct security and treatment services to offenders under supervision in
the community and Woodside facility employees, shall receive an early
retirement allowance which shall be equal t
o the normal retirement allowance
reduced by one
-
half of one percent for each month the member is under age 62
at the time of early retirement. Group F members who have 20 years of
service as facility employees of the department of corrections, as departm
ent of
corrections employees who provide direct security and treatment services to
offenders under supervision in the community or as Woodside facility
employees
or as Vermont state hospital employees who provide direct patient
care

shall receive an early
retirement allowance which shall be equal to the
normal retirement allowance at age 55 without reduction; provided the 20
years of service occurred in one or more of the following capacities as an
employee of the department of corrections
,

or

Woodside faci
lity
or Vermont

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state hospital
: facility employee, community service center employee or court
and reparative service unit employee.

Second
: By adding a new Sec. 5b to read as follows:

Sec. 5b. 3 V.S.A. § 471(a) is amended to read:

(a) The general admin
istration and responsibility for the proper operation
of the retirement system and for making effective the provisions of this
subchapter are hereby vested in a board of
six

eight

trustees, known as the
retirement board. The board shall consist of the gov
ernor or his
or her

designated representative,
the

state treasurer,
the

commissioner of personnel,
and

the commissioner of finance and management,

three members of the
Vermont state employees’ association who are members of the system, each to
be elected b
y such association for a term of two years
, and one retired state
employee who is a beneficiary of the system, to be elected by the Vermont
retired state employees’ association for a term of two years
. If a vacancy
occurs in the office of an elected membe
r, the vacancy shall be filled for the
unexpired term in the same manner as the office was previously filled. In the
absence of an elected member
of

the state employees’ association
or the retired
state employees’ association, the respective association

m
ay designate a deputy
to attend the meetings.

Third
: By striking out Sec. 6 in its entirety and inserting a new Sec. 6 to
read as follows:

Sec. 6. EARLY RETIREMENT EXTENSION

If the secretary of administration determines that an extension previously
grant
ed under the provisions of Sec. 2 of No. 76 of the Acts of 1996 (Early
Retirement Offering), and extended under the provisions of Sec. 57 of No. 66
of the Acts of 1998 and Sec. 5 of No.

145 and Sec. 26 of No. 158 of the Acts
of 2000, should be further exte
nded in the interests of the state, an additional
extension may be offered, provided the recipient of the extension terminates
service on or before July 1, 2003. Upon retirement, an employee subject to
such extension shall be entitled to the benefits unde
r this act.

Fourth
: By adding a new Sec. 11a to read as follows:

Sec. 11a. VERMONT MUNICIPAL EMPLOYEES’ RETIREMENT
BOARD; BENEFIT INCREASES

The Vermont municipal employees’ retirement board is authorized to
implement increases in retired members’ benefit
s, effective January 1, 2003,
that are equal to the aggregate percentage increase in the accrued benefits of
active members of the system as of July 1, 2002, resulting from the increase in
the accrual rate for group A service earned through June 30, 1987,
to 1.4

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percent of average final compensation. The increases granted shall reflect
retired members’ periods of contributory service through June 30, 1987. The
board shall determine the method in which this increase is implemented.

(Committee Vote: 6
-
0
-
0)

Reported favorably with recommendation of proposal of amendment by
Senator Bartlett for the Committee on Appropriations.

The Committee recommends that the Senate propose to the House to amend
the bill by adding new Secs. 13 and 14 to the bill to read:

Sec
. 13. APPROPRIATION; LEGISLATURE; 2002 SESSION

(a) There is appropriated to the legislature from the general fund in fiscal
year 2002 the amount of $400,000.00 for costs of the 2002 legislative session
incurred after May 4, 2002.

(b) After May 18, 2002,

for the remainder of the 2002 legislative session, a
member of the House of Representatives or the Senate shall be entitled to
compensation for services and reimbursement of expenses at the daily rate
established in sections 1051 and 1052 of Title 32. A
member shall be entitled
to this compensation and reimbursement for attendance at a session of the
House or Senate, or for attendance in Montpelier at a meeting of a conference
committee on any day other than a day on which the respective houses shall sit,

whether or not the member is an appointed member of the conference
committee. In no event shall a member receive compensation for services for
more than five days in any week.


Sec. 14. EFFECTIVE DATE

Section 13 of this act shall take effect from passa
ge.

(Committee Vote: 4
-
1
-
2)

(For House amendments, see House Journal for May 2, 2002, page 1171.)

House Proposal of Amendment

S. 298

An act relating to crimes and procedures involving terrorism.

The House proposes to the Senate to amend the bill by strikin
g all after the
enacting clause and inserting in lieu thereof the following:

Sec. 1. SHORT TITLE

This act shall be known as, and may be cited as, the Vermont Public Safety
Act of 2002.


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Sec. 2. STATEMENT OF PURPOSE

(a) The events of September 11, 2001 re
quire the State of Vermont to have
the legal means to respond to acts of terrorism against its citizens. Although
such attacks remain unlikely, Vermont should have the ability to protect the
public health and safety of its citizens in state courts under s
tate law in the
event that terrorist acts occur here. Vermont will be best able to work with
other states and the federal government to efficiently and effectively prosecute
these crimes if a statutory scheme is in place criminalizing certain acts of
terr
orism. A Vermont law will achieve this goal by providing a necessary
complement to state and federal laws in the fight against terrorism, and by
better protecting all citizens from terrorist acts.

(b) It is not the intent of the General Assembly, however
, that this bill in
any way infringe on our constitutionally
-
guaranteed rights, such as the
freedoms of speech, religion, assembly and association. Sacrificing these hard
-
won rights in the name of fighting terrorism would play into the hands of
terrorists

by compromising the very values we seek to defend.

(c) The Vermont Public Safety Act of 2002 is, therefore, intended to
provide the state with tools to protect it and its citizens against terrorism, to
allow Vermont to cooperate with other states and t
he federal government to
prevent acts of terrorism, and to achieve these goals without infringing upon
the constitutional and civil rights which make both our nation and our state so
worth defending.

Sec. 3. 13 V.S.A. chapter 76 is added to read:

CHAPTER
76. WEAPONS OF MASS DESTRUCTION

§ 3501. DEFINITIONS

(a) As used in this chapter:

(1) “Chemical warfare agents” means:

(A) Any weaponized toxic or poisonous chemical, including the
following agents or any analog of the following agents:

(i) Nerve age
nts, including Tabun (GA), Sarin (GB), Soman (GD),
GF, and VX.

(ii) Choking agents, including Phosgene (CG) and Diphosgene
(DP).

(iii) Blood agents, including Hydrogen Cyanide (AC), Cyanogen
Chloride (CK), and Arsine (SA).


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(iv) Blister agents, including

mustards (H, HD (sulfur mustard),
HN
-
1, HN
-
2, HN
-
3 (nitrogen mustard)), arsenicals, such as Lewisite (L),
urticants, such as CX, and incapacitating agents, such as BZ.

(B) A dangerous chemical or hazardous material generally utilized in
an industrial or
commercial process when a person knowingly and
intentionally utilizes the material with the intent to cause harm, and the use
places persons at risk of serious bodily injury or death, or endangers the
environment.

(2) “Health care provider” means a person
, partnership, corporation,
facility or institution, licensed, certified or authorized by law to provide
professional health care service in this state to an individual during that
individual’s medical care, treatment or confinement.

(3) “Hoax weapon” mea
ns any substance, compound, or other item
intended to convey the physical appearance or chemical properties of a weapon
of mass destruction or asserted to contain a weapon of mass destruction, which
is not a weapon of mass destruction or does not contain a

weapon of mass
destruction.

(4) “Law enforcement agency” means:

(A) A federal law enforcement agency, including the Bureau of
Alcohol, Tobacco and Firearms, the Federal Bureau of Investigation, Military
Police or Military Criminal Investigative Division
, United States Marshals
Service, Secret Service, Federal Emergency Management Agency, or the
Department of Defense Threat Reduction Agency.

(B) One of the following Vermont law enforcement agencies:

(i) The department of public safety.

(ii) A municipal

police department.

(iii) A sheriff’s department.

(iv) The attorney general’s office.

(v) A state’s attorney’s office.

(vi) The capitol police department.

(5) “Nuclear or radiological agents” means any improvised nuclear
device (IND) which is any exp
losive device designed to cause a nuclear yield,
any radiological dispersal device (RDD) which is any explosive device utilized
to spread radioactive material, or a simple radiological dispersal device
(SRDD) which is any container designed to release radi
ological material as a
weapon without an explosion.


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(6) “Vector” means a living organism or a molecule, including a
recombinant molecule, or a biological product that may be engineered as a
result of biotechnology, that is capable of carrying a biological

agent or toxin
to a host.

(7) “Weapon of
mass

destruction
” means a chemical warfare agent,
weaponized biological or biologic warfare agent, nuclear agent, or radiological
agent.

(8) “Weaponization” means the deliberate processing, preparation,
packaging
, or synthesis of any substance or agent for use as a weapon or
munition. “Weaponized agents” are those agents or substances that have been
prepared for dissemination through any explosive, thermal, pneumatic,
mechanical or other means.

(9) “Weaponized b
iological or biologic warfare agents” means:

(A) weaponized pathogens, including bacteria, viruses, rickettsia,
yeasts, or fungi;

(B) genetically
-
engineered pathogens;

(C) weaponized toxins;

(D) weaponized vectors; and

(E) weaponized endogenous biol
ogical regulators (EBRs).

(b) The lawful use of chemicals for legitimate mineral extraction,
industrial, agricultural, or commercial purposes is not proscribed by this
chapter.

§ 3502.
POSSESSION AND USE O
F WEAPONS OF MASS
DESTRUCTION

(a) A person who k
nowingly and without lawful authority possesses,
develops, manufactures, produces, transfers, acquires, or stockpiles any
weapon of
mass

destruction

shall be imprisoned not more than 20 years or
fined not more than $100,000.00, or both.

(b) A person who u
ses or directly employs against other persons a weapon
of
mass

destruction

in a form that may cause disabling illness or injury in
human beings shall be imprisoned not less than 20 years nor more than life and
fined not more than $250,000.00.

(c) A person

who uses a weapon of
mass

destruction

in a form that may
cause widespread damage to or disruption of water or food supplies shall be
imprisoned not less than five years nor more than 30 years and fined not more
than $250,000.00.


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(d) A person who uses a w
eapon of
mass

destruction

against livestock or
crops with the intent to cause widespread and substantial damage to livestock
or crops shall be imprisoned not more than 30 years and fined not more than
$250,000.00.

(e) A person who uses a weapon of
mass

de
struction

in a form that may
cause widespread and significant damage to public or private property shall be
imprisoned not more than 30 years and fined not more than $250,000.00.

(f) A person who uses recombinant technology or any other biological
advance

to create new pathogens or more virulent forms of existing pathogens
for the purpose of creating a weapon of mass destruction shall be imprisoned
not more than 20 years or fined not more than $250,000.00, or both.

(g) A person who knowingly and intention
ally places a hoax weapon in any
public place, building, house, residence, facility of public transport, vehicular
conveyance, train, ship, boat, aircraft, dam or reservoir for storing water, shall
be imprisoned not more than five years or fined not more t
han $10,000.00, or
both.

(h) No university, research institution, private company, individual, or
hospital engaged in scientific or public health research and, as required,
registered with the Centers for Disease Control and Prevention (CDC) pursuant
to p
art 113 (commencing with Section 113.1) of subchapter E of chapter 1 of
Title 9 or pursuant to Part 72 (commencing with Section 72.1) of Subchapter E
of Chapter 1 of Title 42 of the Code of Federal Regulations, or any successor
provisions, shall be subject

to this section.

(i) A person who attempts to commit an offense under this section shall be
punished as the offense attempted to be committed is by law punishable.

(j) Nothing in this section shall be construed to limit or restrict prosecution
under an
y other applicable laws.

§ 3503. THREATS

(a) No person shall communicate a threat to use a weapon of
mass

destruction,

knowing that the threat is likely to cause:

(A) evacuation of a building, place of assembly, or facility of public
transport; or

(B)
a person to fear serious bodily injury.

(b) A person who violates this section
shall:

(1) For a first offense, be imprisoned for not more than two years or
fined not more than $5,000.00, or both.


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(2) For a second or subsequent offense, be imprisoned f
or not more than
five years or fined not more than $10,000.00, or both.


(c) It shall not be a defense to a prosecution under this section that the
defendant did not have the capability or means of committing the specified
offense or that the threat was n
ot made to a person who was a subject thereof.
The foregoing shall not impair a defendant’s right to assert a defense based
upon insanity or diminished capacity.

(d) Nothing in this section shall be construed to limit or restrict prosecution
under any oth
er applicable laws.

§ 3504.
REPORTING ILLNESSES,

DISEASES, INJURIES A
ND DEATHS
ASSOCIATED WITH BIOT
ERRORISM

(a)(1) Illness, disease, injury or death. A health care provider shall report
all cases of persons who exhibit any illness, disease, injury or de
ath identified
by the department of health as likely to be caused by a weapon of mass
destruction, which may include illnesses, diseases, injuries or deaths which:


(A) can result from bioterrorism, epidemic or pandemic disease, or
novel and highly fatal
infectious agents or biological toxins, and might pose a
risk of a significant number of human fatalities or incidents of permanent or
long
-
term disability; or

(B) may be caused by the biological agents listed in 42 C.F.R. Part
72, Appendix A.

(2) This
section does not authorize, nor shall it be interpreted to
authorize, unreasonable searches and seizures by public health care employees;
nor does this section authorize performance of diagnostic tests or procedures
for the specific purpose of incriminatin
g patients, unless the patient consents to
such specific tests or procedures after notice of his or her constitutional rights
and knowing waiver of them.

(3) Health care providers who make good faith reports to the department
of health under this section
shall be immune from prosecution, suit,
administrative or regulatory sanctions for defamation, breach of confidentiality
or privacy, or any other cause of action based on such reports or errors
contained in such reports.

(b) Pharmacists. A pharmacist sha
ll report any unusual or increased
prescription requests, unusual types of prescriptions, or unusual trends in
pharmacy visits that may result from bioterrorist acts, epidemic or pandemic
disease, or novel and highly fatal infectious agents or biological t
oxins, and
might pose a substantial risk of a significant number of human fatalities or

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incidents of permanent or long
-
term disability. Prescription
-
related events that
require a report include, but are not limited to:

(1) an unusual increase in the numb
er of prescriptions to treat fever,
respiratory, or gastrointestinal complaints;

(2) an unusual increase in the number of prescriptions for antibiotics;

(3) an unusual increase in the number of requests for information on
over
-
the
-
counter pharmaceuticals

to treat fever, respiratory, or gastrointestinal
complaints; and

(4) any prescription that treats a disease that is relatively uncommon and
may be the result of bioterrorism.

(c)(1) Manner of reporting. A report made pursuant to subsection (a) or (b)
o
f this section shall be made in writing within 24 hours to the commissioner of
health or designee.

(2) The report shall include as much of the following information as is
available:

(A) The patient’s name, date of birth, sex, race, and current address

(including city and county).

(B) The name and address of the health care provider, and of the
reporting individual, if different.

(C) Any other information as determined by the commissioner of
health.

(3) The department of health shall establish a for
m, which may be filed
electronically, for use in filing the reports required by this subsection.

(d)(1) Animal diseases. Every veterinarian, livestock owner, veterinary
diagnostic laboratory director, or other person having the care of animals, shall
re
port animals having or suspected of having any disease that can result from
bioterrorism, epidemic or pandemic disease, or novel and highly fatal
infectious agents or biological toxins, and might pose a risk of a significant
number of human and animal fata
lities or incidents of permanent or long
-
term
disability.

(2) A report made pursuant to this subsection shall be made in writing
within 24 hours to the commissioner of health or designee, and shall include as
much of the following information as is avai
lable: the location or suspected
location of the animal, the name and address of any known owner, and the
name and address of the reporting individual.


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(e) Laboratories. For purposes of this section only, the term “health care
provider” shall also inclu
de out
-
of
-
state medical laboratories that have agreed
to the reporting requirements of this state. Results must be reported by the
laboratory that performs the test, but an in
-
state laboratory that sends
specimens to an out
-
of
-
state laboratory is also res
ponsible for reporting results.

(f) Enforcement. The department of health may enforce the provisions of
this section in accordance with chapters 3 and 11 of Title 18.

(g) Disclosure. Information collected pursuant to this section and in
support of inve
stigations and studies undertaken by the commissioner in
response to reports made pursuant to this section shall be privileged and
confidential. This subsection shall not apply to the disclosure of information to
a law enforcement agency for a legitimate
law enforcement purpose.

(h) Rulemaking. The commissioner of health shall, after consultation with
the commissioner of public safety, adopt rules to implement the reporting of
serious illnesses, diseases, injuries and deaths under this section.

Sec.
4. REPORT

The administration shall, after studying the issue collaboratively with the
attorney general, the department of state’s attorneys, the defender general, the
department of health, health care professionals and the American Civil
Liberties Union o
f Vermont, report to the senate and house committees on
judiciary on or before December 1, 2002 on whether there is a need for
additional legislation in Vermont to address threats to public safety posed by
terrorism.

NOTICE CALENDAR

Favorable with Proposa
l of Amendment

H.

755.

An act relating to oversight and management of the board of medical
practice.

Reported favorably with recommendation of proposal of amendment by
Senator Ankeney for the Committee on Government Operations.

The Committee recommends tha
t the Senate propose to the House to amend
the bill as follows:

First
: In Sec. 3, 26 V.S.A. § 1317, by striking out subsection (c) in its
entirety and inserting in lieu thereof a new subsection (c) to read as follows:

(c) Except as provided in section 13
68 of this title, information provided to
the department under this section shall be confidential unless the department

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decides to treat the report as a complaint, in which case, the provisions of
section 1318 of this title shall apply.

Second
: By strikin
g out Sec. 8 in its entirety and inserting in lieu thereof a
new Sec. 8 to read as follows:

Sec. 8. 26 V.S.A.
§

1354 is amended to read:

§ 1354. UNPROFESSIONAL CONDUCT

(a)

The term “unprofessional conduct” as used in this chapter shall mean
the followin
g items or any one or combination thereof; whether or not the
conduct at issue was committed within or without the state

The board shall
find that any one of the following, or any combination of the following,
whether or not the conduct at issue was commit
ted within or outside the state,
constitutes unprofessional conduct
:

* * *

(10)
failure to furnish a patient’s medical record to succeeding
physicians or hospital upon proper request

failure to make available promptly
to a person using professional health

care services, that person’s representative,
succeeding health care professionals or institutions, when given proper written
request and direction of the person using professional health care services,
copies of that person’s records in the possession or
under the control of the
licensed practitioner
;

* * *

(25) failure to comply with an order of the board
or violation of any
term or condition of a license which is restricted or conditioned by the board
;

(26) any physician who, in the course of a collabo
rative agreement with
a nurse practitioner allows the nurse practitioner to perform a medical act
which is outside the usual scope of the physician’s own practice or which the
nurse practitioner is not qualified to perform by training or experience, or
whi
ch the ordinary reasonable and prudent physician engaged in a similar
practice would not agree should be written into the scope of the nurse
practitioner’s practice, shall be subject to disciplinary action by the board in
accordance with chapter 23 of this

title
;

(27) failure to comply with provisions of federal or state statutes or rules
governing the practice of medicine or surgery;

(28) practice of profession when medically or psychologically unfit to
do so;


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(29) delegation of professional responsibil
ities to a person whom the
licensed professional knows, or has reason to know, is not qualified by
training, experience, education or licensing credentials to perform them;

(30) conviction of a crime related to the practice of the profession or
conviction

of a felony, whether or not related to the practice of the profession
.

(b) The board may also find that failure to practice competently by reason
of any cause on a single occasion or on multiple occasions constitutes
unprofessional conduct. Failure to p
ractice competently includes, as
determined by the board:

(1) performance of unsafe or unacceptable patient care; or

(2) failure to conform to the essential standards of acceptable and
prevailing practice.

(c) The burden of proof in a disciplinary actio
n shall be on the state to
show by a preponderance of the evidence that the person has engaged in
unprofessional conduct.

Third
: By striking out Sec. 15 in its entirety and inserting in lieu thereof a
new Sec. 15 to read as follows:

Sec. 15.
26 V.S.A.
§

1368 is added to read:

§ 1368. DATA REPOSITORY; LICENSEE PROFILES

(a) A data repository is created within the department of health which will
be responsible for the compilation of all data required under this section and
any other law or rule which requ
ires the reporting of such information.
Notwithstanding any provision of law to the contrary, the department shall
collect the following information to create individual profiles on all health care
professionals licensed, certified, or registered by the d
epartment, pursuant to
the provisions of this title, in a format created that shall be available for
dissemination to the public:

(1) A description of any criminal convictions for felonies and serious
misdemeanors, as determined by the commissioner of hea
lth, within the most
recent 10 years. For the purposes of this subdivision, a person shall be deemed
to be convicted of a crime if he or she pleaded guilty or was found or adjudged
guilty by a court of competent jurisdiction.

(2) A description of any cha
rges to which a health care professional
pleads nolo contendere or where sufficient facts of guilt were found and the
matter was continued without a finding by a court of competent jurisdiction.


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(3) A description of any formal charges served, findings, co
nclusions,
and orders of the licensing authority, and final disposition of matters by the
courts within the most recent 10 years.

(4) A description of any formal charges served by licensing authorities,
findings, conclusions, and orders of such licensing
authorities, and final
disposition of matters by the courts in other states within the most recent 10
years.

(5) A description of revocation or involuntary restriction of hospital
privileges for reasons related to competence or character that has been iss
ued
by the hospital’s governing body or any other official of the hospital after
procedural due process has been afforded, or the resignation from, or
nonrenewal of, medical staff membership or the restriction of privileges at a
hospital taken in lieu of,
or in settlement of, a pending disciplinary case related
to competence or character in that hospital. Only cases which have occurred
within the most recent 10 years shall be disclosed by the board to the public.

(6)(A) All medical malpractice court judgm
ents and all medical
malpractice arbitration awards in which a payment is awarded to a complaining
party during the last 10 years, and all settlements of medical malpractice
claims in which a payment is made to a complaining party within the last
10

years.

Dispositions of paid claims shall be reported in a minimum of three
graduated categories, indicating the level of significance of the award or
settlement. Information concerning paid medical malpractice claims shall be
put in context by comparing an indi
vidual health care professional’s medical
malpractice judgment awards and settlements to the experience of other health
care professionals within the same specialty within the New England region or
nationally. The commissioner may, in consultation with th
e Vermont medical
society, report comparisons of individual health care professionals covered
under this section to all similar health care professionals within the New
England region or nationally.

(B) Comparisons of malpractice payment data shall be acc
ompanied
by:

(i) an explanation of the fact that physicians treating certain
patients and performing certain procedures are more likely to be the subject of
litigation than others;

(ii) a statement that the report reflects data for the last 10 years,
and

the recipient should take into account the number of years the physician
has been in practice when considering the data;


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(iii) an explanation that an incident giving rise to a malpractice
claim may have occurred years before any payment was made due to
the time
lawsuits take to move through the legal system;

(iv) an explanation of the possible effect of treating high
-
risk
patients on a physician’s malpractice history; and

(v) an explanation that malpractice cases may be settled for
reasons other tha
n liability.

(C) Information concerning all settlements shall be accompanied by
the following statement: “Settlement of a claim may occur for a variety of
reasons which do not necessarily reflect negatively on the professional
competence or conduct of th
e health care professional. A payment in
settlement of a medical malpractice action or claim should not be construed as
creating a presumption that medical malpractice has occurred.” Nothing herein
shall be construed to limit or prevent the licensing aut
hority from providing
further explanatory information regarding the significance of categories in
which settlements are reported. Pending malpractice claims and actual
amounts paid by or on behalf of a physician in connection with a malpractice
judgment,
award or settlement shall not be disclosed by the commissioner of
health or by the licensing authority to the public. Nothing herein shall be
construed to prevent the licensing authority from investigating and disciplining
a health care professional on th
e basis of medical malpractice claims that are
pending.

(7) The names of medical professional schools and dates of graduation.

(8) Graduate medical education.

(9) Specialty board certification.

(10) The number of years in practice.

(11) The names of t
he hospitals where the health care professional has
privileges.

(12) Appointments to medical school or professional school faculties,
and indication as to whether the health care professional has had a
responsibility for teaching graduate medical educatio
n within the last 10 years.

(13) Information regarding publications in peer
-
reviewed medical
literature within the last 10 years.

(14) Information regarding professional or community service activities
and awards.

(15) The location of the health care pr
ofessional’s primary practice
setting.


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(16) The identification of any translating services that may be available
at the health care professional’s primary practice location.

(17) An indication of whether the health care professional participates in
the M
edicaid program and is currently accepting new patients.

(b) The department shall provide individual health care professionals with a
copy of their profiles prior to the initial release to the public and each time a
physician’s profile is modified or amen
ded. A health care professional shall be
provided a reasonable time to correct factual inaccuracies that appear in such
profile, and may elect to have his or her profile omit the information required
under subdivisions (a)(12) through (14) of this section
. In collecting
information for such profiles and in disseminating the same, the department
shall inform health care professionals that they may choose not to provide such
information required under subdivisions (a)(12) through (14).

(c) The profile shal
l include the following conspicuous statement: “This
profile contains information which may be used as a starting point in
evaluating the physician. This profile should not, however, be your sole basis
for selecting a physician.”

Fourth
: By adding three

new sections, Secs. 10a, 10b and 10c, to read as
follows:

Sec. 10a. 26 V.S.A. § 1395(c) is added to read:

(c) Notwithstanding the provisions of subsection (a) of this section and any
other provision of law, a physician who holds a current, unrestricted
license in
all jurisdictions in which the physician is currently licensed, and who certifies
to the Vermont board of medical practice that he or she will limit his or her
practice in Vermont to providing pro bono services at a free or reduced fee
health ca
re clinic in Vermont shall be licensed by the board within 30 days of
the licensee’s certification without further examination, interview, fee or any
other requirement for board licensure. A license granted under this subsection
shall authorize the licens
ee to practice medicine or surgery on a voluntary basis
in Vermont.

Sec. 10b. 26 V.S.A. § 805 is amended to read:

§ 805. LICENSING NONRESIDENTS

(a)

In its discretion, upon a satisfactory practical examination
demonstrating his proficiency, the board may
issue a license to a dentist who
has been lawfully in practice in another state for at least five years, upon the
payment of the required fee, if the applicant presents a certificate from the
board of dental examiners or other like board of the state in wh
ich he has
practiced, certifying to his competency and good moral character.


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(b) Notwithstanding the provisions of subsection (a) of this section and any
other provision of law, a dentist who holds an unrestricted license in all
jurisdictions in which the

dentist is currently licensed, and who certifies to the
Vermont board of dental examiners that he or she will limit his or her practice
in Vermont to providing pro bono services at a free or reduced fee clinic in
Vermont shall be licensed by the board wit
hin 60 days of the licensee’s
certification without further examination, interview, fee or any other
requirement for board licensure. The dentist shall file with the board, on forms
provided by the board, information on dental qualifications, professiona
l
discipline, criminal record, malpractice claims or any other such information as
the board may require. A license granted under this subsection shall authorize
the licensee to practice dentistry on a voluntary basis in Vermont.

Sec. 10c. 26 V.S.A. § 15
76(e) is added to read:

(e) Notwithstanding the provisions of this section and any other provision
of law, a nurse who holds an unrestricted license in all jurisdictions in which
the nurse is currently licensed and who certifies to the Vermont board of
n
ursing that he or she will limit his or her practice in Vermont to providing pro
bono services at a free or reduced fee clinic in Vermont shall be licensed by the
board within 60 days of the licensee’s certification without further
examination, interview,
fee or any other requirement for board licensure. The
nurse shall file with the board, on forms provided by the board, information on
nursing qualifications, professional discipline, criminal record, malpractice
claims or any other such information as th
e board may require. A license
granted under this subsection shall authorize the licensee to practice nursing on
a voluntary basis in Vermont.

(Committee Vote: 4
-
0
-
2)

(For House amendments, see House Journal for April 12, 2002, page 830.)

ORDERED TO LIE

S.

280.

An act relating to transferring revenue from civil penalties for traffic
violations to the criminal justice training council.

PENDING ACTION:

Second reading of the bill.

H.

629.

An act relating to the Southeastern Vermont Career Education Center.

PE
NDING QUESTION:
Shall the Senate accept and adopt the report of
the Committee of Conference?


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1861

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CONFIRMATIONS


The following appointments will be considered by the Senate, as a group,
under suspension of the Rules, as moved by the President
pro tempore
, for

confirmation together and without debate, by consent thereby given by the
Senate. However, upon request of any senator, any appointment may be
singled out and acted upon separately by the Senate, with consideration given
to the report of the Committee to

which the appointment was referred, and
with full debate;
and further
, all appointments for the positions of Secretaries
of Agencies, Commissioners of Departments, Judges, Magistrates, and
members of the Public Service Board shall be fully and separately

acted upon.

Matthew F. Valerio

of Proctor


Defender General


By Senator Bloomer
for the Committee on Judiciary. (3/12)

Christopher Recchia

of Randolph


Commissioner of the Department of
Environmental Conservation


By Senator McCormack for the Committ
ee on
Natural Resources and Energy. (3/19)

Sally Cavanagh

of Middlesex


Commissioner of the Department of Tourism
and Marketing


By Senator Greenwood for the Committee on General Affairs
and Housing. (4/12)


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TABLE OF CONTENTS

Tuesday, May 20, 2002

ACTI
ON CALENDAR

Second Reading


Favorable with Amendment

H. 760


State Employee Compensation







Sen. Condos for Government Operations

1845





Sen. Bartlett for Appropriations


1847

House Proposal of Amendment

S. 298

Anti
-
Terrorism; Public Safety Act


1847

NOTICE CALENDAR

Favorable with Proposal of Amendment

H. 755


Board of Medical Practice








Sen. Ankeney for Government Operations

1854

ORDERED TO LIE

S. 280


Transferring revenue to Criminal Justice Training Council






Pending Action:
Second Reading

1860

H. 629


Southeastern VT Career Educational Center






Pending Question:
Adopt Report of Conference?

1860