2005 Vermont Code - § 1001. — Reports to commissioner of health

§ 1001. Reports to commissioner of health

(a) When a physician, health care provider, administrator of a hospital, health care facility, health maintenance organization or managed care organization, or the administrator's designee, town health officer, nurse practitioner, nurse, physician's assistant or school health official has reason to believe that a person is sick or has died of a diagnosed or suspected disease, identified by the department of health as a reportable disease and dangerous to the public health or if a laboratory director has evidence of such sickness or disease, he or she shall transmit within 24 hours a report thereof and identify the name and address of the patient and the name of the patient's physician to the commissioner of health or designee, except in the case of the human immunodeficiency virus (HIV) which shall be reported only by a unique identifier code. The commissioner with the approval of the secretary of human services shall by regulation establish a list of those diseases dangerous to the public health that shall be reportable. All information collected pursuant to this section and in support of investigations and studies undertaken by the commissioner for the purpose of determining the nature or cause of any disease outbreak shall be privileged and confidential. The health department shall, by rule, require that any person required to report under this section has in place a procedure that ensures confidentiality.

(b) Public health records that relate to the human immunodeficiency virus (HIV) or to acquired immune deficiency syndrome (AIDS) that contain any personally identifying information, or any information that may indirectly identify a person and was developed or acquired by state or local public health agencies shall be confidential and shall not be disclosed, except for public health purposes as provided by law or pursuant to a written authorization voluntarily executed by the individual subject of the public health record, or the individual's guardian or conservator.

(c) A disclosure made pursuant to subsection (b) of this section shall include only the information necessary for the purpose for which the disclosure is made. The disclosure shall be made only on agreement that the information shall remain confidential and shall not be further disclosed without additional written authorization by the individual subject as required by subsection (b) of this section.

(d) A confidential public health record shall not be:

(1) Disclosed or discoverable in any civil, criminal, administrative or other proceeding.

(2) Used to determine issues relating to employment or insurance for any individual.

(e) Any person who willfully or maliciously discloses the content of any confidential public health record without written authorization or as authorized by law or in violation of subsections (b), (c) or (e) shall be subject to a civil penalty of not less than $10,000.00 and not more than $25,000.00, and costs and attorney fees as determined by the court. (Amended 1979, No. 60, § 1; 1997, No. 7, § 1, eff. April 29, 1997; 1999, No. 17, § 2.)