2011 Vermont Code
Title 26 Professions and Occupations
Chapter 23 MEDICINE
§ 1311 Definitions

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TITLE 26

Professions and Occupations

CHAPTER 23. MEDICINE

Subchapter I. General Provisions

§ 1311. Definitions

For the purposes of this chapter:

(1) Practice of medicine means:

(A) using the designation "Doctor," "Doctor of Medicine," "Physician," "Dr.," "M.D.," or any combination thereof in the conduct of any occupation or profession pertaining to the prevention, diagnosis, or treatment of human disease or condition unless the designation additionally contains the description of another branch of the healing arts for which one holds a valid license in Vermont;

(B) advertising, holding out to the public, or representing in any manner that one is authorized to practice medicine in the jurisdiction;

(C) offering or undertaking to prescribe, order, give, or administer any drug or medicine for the use of any other person;

(D) offering or undertaking to prevent, diagnose, correct, or treat in any manner or by any means, methods, or devices any disease, illness, pain, wound, fracture, infirmity, defect, or abnormal physical or mental condition of any person, including the management of pregnancy and parturition;

(E) offering or undertaking to perform any surgical operation upon any person;

(F) rendering a written or otherwise documented medical opinion concerning the diagnosis or treatment of a patient or the actual rendering of treatment to a patient within the state by a physician located outside the state as a result of the transmission of individual patient data by electronic or other means from within the state to the physician or his or her agent; or

(G) rendering a determination of medical necessity or a decision affecting the diagnosis or treatment of a patient.

(2) "Board" means the state board of medical practice established under section 1351 of this title.

(3) "License" means license to practice medicine and surgery in the state as defined in subchapter 3 of this chapter. "Licensee" includes individuals licensed under this chapter and chapter 7 of this title and registrants and holders of certificates issued by the board.

(4) "Medical director" means, for purposes of this chapter, a physician who is board-certified or board-eligible in his or her field of specialty, as determined by the American Board of Medical Specialties (ABMS), and who is charged by a health maintenance organization with responsibility for overseeing all clinical activities of the plan in this state, or his or her designee.

(5) "Health maintenance organization", as used in this section, shall have the same meaning as defined in 18 V.S.A. { 9402(10).

(6) "Members" means members of the board.

(7) "Secretary" means the secretary of the board. (Amended 1975, No. 249 (Adj. Sess.), { 1; 1999, No. 133 (Adj. Sess.), { 49; 2001, No. 129 (Adj. Sess.), { 20, eff. June 13, 2002; 2003, No. 34, { 4, eff. May 23, 2003; 2009, No. 25, { 10; 2011, No. 61, { 2, eff. June 2, 2011.)