Vermont § 4919 - Disclosure of Registry records

§ 4919. Disclosure of Registry records

• (a) The Commissioner may disclose a Registry record only as follows: (1) To the State’s Attorney or the Attorney General. (2) To the owner or operator of a facility regulated by the Department for the purpose
  of informing the owner or operator that employment of a specific individual may result
  in loss of license, registration, certification, or authorization as set forth in
  section 152 of this title. (3) To an employer if such information is used to determine whether to hire or retain
  a specific individual providing care, custody, treatment, transportation, or supervision
  of children or vulnerable adults. The employer may submit a request concerning a current
  employee, volunteer, grantee, or contractor or an individual to whom the employer
  has given a conditional offer of a contract, volunteer position, or employment. The
  request shall be accompanied by a release signed by the current or prospective employee,
  volunteer, grantee, or contractor. If that individual has a record of a substantiated
  report, the Commissioner shall provide the Registry record to the employer. The employer
  shall not disclose the information contained in the Registry report. (4) To the Commissioners of Disabilities, Aging, and Independent Living and of Mental
  Health or their designees for purposes related to the licensing or registration of
  facilities regulated by those Departments. (5) To the Commissioners of Health; of Disabilities, Aging, and Independent Living; and
  of Mental Health or their designees for purposes related to oversight and monitoring
  of persons who are served by or compensated with funds provided by those Departments,
  including persons to whom a conditional offer of employment has been made. (6) Upon request or when relevant to other states’ adult protective services offices. (7) Upon request or when relevant to other states’ child protection agencies. (8) To the person substantiated for child abuse and neglect who is the subject of the
  record. (9) To the Commissioner of Corrections in accordance with the provisions of 28 V.S.A. § 204a(b)(3). (10) To the Board of Medical Practice for the purpose of evaluating an applicant, licensee,
  or holder of certification pursuant to 26 V.S.A. § 1353. (11) To the Cannabis Control Board, in accordance with the provisions of 7 V.S.A. § 954. (b) An employer providing transportation services to children or vulnerable adults may
  disclose Registry records obtained pursuant to subdivision (a)(3) of this section
  to the Agency of Human Services or its designee for the sole purpose of auditing the
  records to ensure compliance with this subchapter. An employer shall provide such
  records at the request of the Agency or its designee. Only Registry records regarding
  individuals who provide direct transportation services or otherwise have direct contact
  with children or vulnerable adults may be disclosed. (c) Volunteers shall be considered employees for purposes of this section. (d) Disclosure of Registry records or information or other records used or obtained in
  the course of providing services to prevent child abuse or neglect or to treat abused
  or neglected children and their families by one member of a multidisciplinary team
  to another member of that team shall not subject either member of the multidisciplinary
  team, individually, or the team as a whole, to any civil or criminal liability notwithstanding
  any other provision of law. (e) “Employer,” as used in this section, means a person or organization that employs or
  contracts with one or more individuals to care for or provide transportation services
  to children or vulnerable adults, on either a paid or volunteer basis. (f) In no event shall Registry records be made available for employment purposes other
  than as set forth in this subsection or for credit purposes. Any person who violates
  this subsection shall be fined not more than $500.00. (g) Nothing in this subsection shall limit the Department’s right to use and disclose
  information from its records as provided in section 4921 of this chapter. (Added 1981, No. 207 (Adj. Sess.), § 1, eff. April 25, 1982; amended 1983, No. 169 (Adj. Sess.), § 2; 1991, No. 159 (Adj. Sess.), § 4; 1993, No. 100, § 7; 2001, No. 135 (Adj. Sess.), § 16, eff. June 13, 2002; 2003, No. 66, § 136b; 2005, No. 174 (Adj. Sess.), § 121; 2007, No. 77, § 1, eff. June 7, 2007; 2007, No. 168 (Adj. Sess.), § 15; 2009, No. 1, § 37; 2011, No. 61, § 7, eff. June 2, 2011; 2023, No. 65, § 18, eff. June 14, 2023.)