Vermont § 9713 - Immunity

§ 9713. Immunity

• (a) No individual acting as an agent, guardian, or surrogate shall be subjected to criminal
  or civil liability for making a decision in good faith pursuant to the terms of an
  advance directive, or DNR order, or COLST order and the provisions of this chapter. (b)(1) No health care provider, health care facility, residential care facility, or any other
  person acting for or under such person’s control shall, if the provider or facility
  has complied with the provisions of this chapter, be subject to civil or criminal
  liability for: (A) providing or withholding treatment or services in good faith pursuant to the direction
  of a principal or patient, the provisions of an advance directive, a DNR order, a
  COLST order, a DNR identification, the consent of a principal or patient with capacity
  or of the principal’s or patient’s agent, guardian, or surrogate, or a decision or
  objection of a principal or patient; or (B) relying in good faith on a suspended or revoked advance directive, suspended or revoked
  DNR order, or suspended or revoked COLST order, unless the provider or facility knew
  or should have known of the suspension, or revocation. (2) A funeral director, crematory operator, cemetery official, procurement organization,
  or any other person acting for or under such person’s control, shall, if the director,
  operator, official, or organization has complied with the provisions of this chapter,
  not be subject to civil or criminal liability for providing or withholding its services
  in good faith pursuant to the provisions of an advance directive, whether or not the
  advance directive has been suspended or revoked. (3) Nothing in this subsection shall be construed to establish immunity for the failure
  to follow standards of professional conduct and to exercise due care in the provision
  of services. (c) No employee shall be subjected to an adverse employment decision or evaluation for: (1) Providing or withholding treatment or services in good faith pursuant to the direction
  of a principal or patient, the provisions of an advance directive, a DNR order, a
  COLST order, a DNR identification, the consent of the principal or patient with capacity
  or principal’s or patient’s agent, guardian, or surrogate, a decision or objection
  of a principal or patient, or the provisions of this chapter. This subdivision shall
  not be construed to establish a defense for the failure to follow standards of professional
  conduct and to exercise due care in the provision of services. (2) Relying on an amended, suspended, or revoked advance directive, unless the employee
  knew or should have known of the amendment, suspension, or revocation. (3) Providing notice to the employer of a moral or other conflict pursuant to subdivision 9707(b)(3) of this title, so long as the employee has provided ongoing health care until a new employee or
  provider has been found to provide the services. (Added 2005, No. 55, § 1, eff. Sept. 1, 2005; amended 2005, No. 215 (Adj. Sess.), § 336; 2011, No. 60, § 13, eff. June 1, 2011; 2015, No. 136 (Adj. Sess.), § 1, eff. Jan. 1, 2018.)