Vermont § 1852 - Patients’ bill of rights; adoption

§ 1852. Patients’ bill of rights; adoption

• (a) The General Assembly hereby adopts the “Bill of Rights for Hospital Patients” as follows: (1) The patient has the right to considerate and respectful care at all times and under
  all circumstances with recognition of his or her personal dignity. (2) The patient shall have an attending physician who is responsible for coordinating
  a patient’s care. (3) The patient has the right to obtain, from the physician coordinating his or her care,
  complete and current information concerning diagnosis, treatment, and any known prognosis
  in terms the patient can reasonably be expected to understand. If the patient consents
  or if the patient is incompetent or unable to understand, immediate family members
  or a guardian may also obtain this information. The patient has the right to know
  by name the attending physician primarily responsible for coordinating his or her
  care. (4) Except in emergencies, the patient has the right to receive from the patient’s physician
  information necessary to give informed consent prior to the start of any procedure
  or treatment, or both. Such information for informed consent should include the specific
  procedure or treatment, or both; the medically significant risks involved; and the
  probable duration of incapacitation. Where medically significant alternatives for
  care or treatment exist, or when the patient requests information concerning medical
  alternatives, the patient has the right to such information. The patient also has
  the right to know the name of the person responsible for the procedures or treatment,
  or both. (5) The patient has the right to refuse treatment to the extent permitted by law. In the
  event the patient refuses treatment, the patient shall be informed of the medical
  consequences of that action, and the hospital shall be relieved of any further responsibility
  for that refusal. (6) The patient has the right to every consideration of privacy concerning the patient’s
  own medical care program. Case discussion, consultation, examination, and treatment
  are confidential and shall be conducted discreetly. Those not directly involved in
  the patient’s care must have the permission of the patient to be present. This right
  includes the right, upon request, to have a person of one’s own sex present during
  certain parts of a physical examination, treatment, or procedure performed by a health
  care professional of the opposite sex and the right not to remain disrobed any longer
  than is required for accomplishing the medical purpose for which the patient was asked
  to disrobe. The patient has the right to wear appropriate personal clothing and religious
  or other symbolic items so long as they do not interfere with diagnostic procedures
  or treatment. (7) The patient has the right to expect that all communications and records pertaining
  to his or her care shall be treated as confidential. Only medical personnel, or individuals
  under the supervision of medical personnel, directly treating the patient, or those
  persons monitoring the quality of that treatment, or researching the effectiveness
  of that treatment, shall have access to the patient’s medical records. Others may
  have access to those records only with the patient’s written authorization. (8) The patient has the right to expect that within its capacity a hospital shall respond
  reasonably to the request of a patient for services. The right shall include if physically
  possible a transfer to another room or place if another person in that room or place
  is disturbing the patient by smoking or other unreasonable actions. When medically
  permissible, a patient may be transferred to another facility only after receiving
  complete information and explanation concerning the needs for and alternatives to
  such a transfer. The institution to which the patient is to be transferred must first
  have accepted the patient for transfer. (9) The patient has the right to know the identity and professional status of individuals
  providing service to him or her and to know which physician or other practitioner
  is primarily responsible for his or her care. This includes the patient’s right to
  know of the existence of any professional relationship among individuals who are treating
  him or her, as well as the relationship to any other health care or educational institutions
  involved in his or her care. (10) The patient has the right to be advised if the hospital proposes to engage in or perform
  human experimentation affecting the patient’s care or treatment. Participation by
  patients in clinical training programs or in the gathering of data for research purposes
  shall be voluntary. The patient has the right to refuse to participate in such research
  projects. (11) The patient has the right to expect reasonable continuity of care. The patient has
  the right to be informed by the attending physician of any continuing health care
  requirements following discharge. (12) The patient has the right to receive an itemized, detailed, and understandable explanation
  of charges regardless of the source of payment and to be provided with information
  about financial assistance and billing and collections practices. (13) The patient has the right to know what hospital rules and regulations apply to his
  or her conduct as a patient. (14) Whenever possible, guardians or parents have the right to stay with their children
  24 hours per day. Whenever possible, agents, guardians, or immediate family members
  have the right to stay with terminally ill patients 24 hours per day. (15) A patient who does not speak or understand the predominant language of the community
  has a right to an interpreter if the language barrier presents a continuing problem
  to patient understanding of the care and treatment being provided. A patient who is
  hard of hearing has a right to an interpreter if the impairment presents a continuing
  problem to patient understanding of the care and treatments being provided. (16) The patient has the right to receive professional assessment of pain and professional
  pain management. (17) The patient has the right to be informed in writing of the availability of hospice
  services and the eligibility criteria for those services. (18) The patient has the right to know the maximum patient census and the full-time equivalent
  numbers of registered nurses, licensed practical nurses, and licensed nursing assistants
  who provide direct care for each shift on the unit where the patient is receiving
  care. (b) Failure to comply with any provision of this section may constitute a basis for disciplinary
  action against a physician under 26 V.S.A. chapter 23. A complaint may be filed with
  the Board of Medical Practice. (c) A summary of the hospital’s obligations under this section, written in clear language
  and in easily readable print, shall be distributed to patients upon admission and
  posted conspicuously at each nurse’s station. Such notice shall also indicate that
  as an alternative or in addition to the hospital’s complaint procedures, the patient
  may directly contact the licensing agency or the Board of Medical Practice. The address
  and telephone number of the licensing agency and Board of Medical Practice shall be
  included in the notice. (Added 1985, No. 163 (Adj. Sess.), § 1; amended 1989, No. 219 (Adj. Sess.), § 4; 1999, No. 91 (Adj. Sess.), § 35; 2005, No. 55, § 5, eff. Sept. 1, 2005; 2005, No. 153 (Adj. Sess.), § 2; 2009, No. 25, § 6; 2013, No. 96 (Adj. Sess.), § 94; 2017, No. 113 (Adj. Sess.), § 64; 2019, No. 53, § 1.)