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H.752

Introduced by   Representatives Smith of New Haven, Clark of Vergennes and Houston of Ferrisburgh

Referred to Committee on

Date:

Subject:  Vulnerable adults; neglect

Statement of purpose:  This bill proposes to establish that a caregiver can commit the crime of neglect of a vulnerable adult whether or not the caregiver is acting pursuant to the vulnerable adult’s wishes.

AN ACT RELATING TO VULNERABLE ADULTS

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  33 V.S.A. § 6902 is amended to read:

§ 6902.  DEFINITIONS

As used in this chapter:

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(7)  “Neglect” means purposeful or reckless failure or omission by a caregiver to:

(A)(i)  provide care or arrange for goods or services necessary to maintain the health or safety of a vulnerable adult, including, but not limited to, food, clothing, medicine, shelter, supervision, and medical services, unless the caregiver is acting pursuant to the wishes of the vulnerable adult or his or her representative, or a terminal care document, as defined in subchapter 2 of chapter 111 of Title 18;

(ii)  make a reasonable effort, in accordance with the authority granted the caregiver, to protect a vulnerable adult from abuse, neglect, or exploitation by others;

(iii)  carry out a plan of care for a vulnerable adult when such failure results in or could reasonably be expected to result in physical or psychological harm or a substantial risk of death to the vulnerable adult, unless the caregiver is acting pursuant to the wishes of the vulnerable adult or his or her representative, or a terminal care document, as defined in subchapter 2 of chapter 111 of Title 18; or

(iv)  report significant changes in the health status of a vulnerable adult to a physician, nurse, or immediate supervisor, when the caregiver is employed by an organization that offers, provides, or arranges for personal care.

(B)  Neglect may be repeated conduct or a single incident which has resulted in or could be expected to result in physical or psychological harm, as a result of subdivisions (A)(i), (ii), or (iii) of this subdivision (7).

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Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us