Vermont § 507 - Whistleblower protection; health care employees; prohibitions; hearing; notice

§ 507. Whistleblower protection; health care employees; prohibitions; hearing; notice

• (a) As used in this subchapter: (1) The “American Nurses Credentialing Center (ANCC)” means the national organization
  that developed the Magnet Recognition Program. The Magnet Recognition Program recognizes
  excellence in nursing services and is based on quality indicators and standards of
  nursing practice as defined in the American Nurses Association’s Scope and Standards
  for Nurse Administrators. The ANCC has the authority to designate “Magnet” status
  to hospitals that have demonstrated their current and ongoing commitment to excellence
  in nursing practice. (2) “Employee” means any person who performs services for wages or other remuneration
  under the control and direction of any public or private employer. (3) “Employer” means: (A) a hospital as defined in 18 V.S.A. § 1902(1); or (B) a nursing home as defined in 33 V.S.A. § 7102(7). (4) “Improper quality of patient care” means any practice, procedure, action, or failure
  to act of an employee or employer that violates any provisions of the Nurse Practice
  Act, codes of ethics, hospital policies, or any other established standards of care
  related to public or patient health or safety. (5) “Law” means any law, rule, or regulation duly enacted or adopted by this State, a
  political subdivision of this State, or the United States. (6) “Public body” means: (A) the U.S. Congress, any state legislature, or any popularly elected local government
  body, or any member or employee thereof; (B) any federal, State, or local judiciary, or any member or employee thereof, or any
  jury; (C) any federal, State, or local regulatory, administrative, or public agency or authority,
  or instrumentality thereof; (D) any federal, State, or local law enforcement agency, prosecutorial office, or police
  or peace officer; or (E) any division, board, bureau, office, committee, or commission of any of the public
  bodies described in this subdivision. (7) “Retaliatory action” means discharge, threat, suspension, demotion, denial of promotion,
  discrimination, or other adverse employment action regarding the employee’s compensation,
  terms, conditions, location, or privileges of employment. (8) “Supervisor” means any person who has the authority to direct and control the work
  performance of an employee. (b) No employer shall take retaliatory action against any employee because the employee
  does any of the following: (1) Discloses or threatens to disclose to any person or entity any activity, policy, practice,
  procedure, action, or failure to act of the employer or agent of the employer that
  the employee reasonably believes is a violation of any law or that the employee reasonably
  believes constitutes improper quality of patient care. (2) Provides information to, or testifies before, any public body conducting an investigation,
  a hearing, or an inquiry that involves allegations that the employer has violated
  any law or has engaged in behavior constituting improper quality of patient care. (3) Objects to or refuses to participate in any activity, policy, or practice of the employer
  or agent that the employee reasonably believes is in violation of a law or constitutes
  improper quality of patient care. (c) Subdivisions (b)(1) and (3) of this section shall not apply unless an employee first
  reports the alleged violation of law or improper quality of patient care to the employer,
  supervisor, or other person designated by the employer to address reports by employees
  of improper quality of patient care, and the employer has had a reasonable opportunity
  to address the violation. The employer shall address the violation under its compliance
  plan, if one exists. The employee shall not be required to make a report under this
  subsection if the employee reasonably believes that doing so would be futile because
  making the report would not result in appropriate action to address the violation. (d) Nothing in this subchapter shall be deemed to diminish the rights, privileges, or
  remedies of any employee under any law or under any collective bargaining agreement
  or employment contract. (Added 2003, No. 134 (Adj. Sess.), § 2; amended 2023, No. 85 (Adj. Sess.), § 116, eff. July 1, 2024.)