S 28 — An act relating to access to certain legally protected health care services
Last action — Senate Message: Signed by Governor May 13, 2025
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 29, 2025. Enacted.
Signed by Governor Phil Scott (Republican) on May 14, 2025.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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6 sponsors
6 primary, 0 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (5 D · 1 I) — cross-party backing.
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Cleared a recorded vote
Passed 1 recorded vote so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Summary
The bill addresses access to specific health care services that are legally protected. It outlines provisions to ensure these services remain available to individuals.
Bill Text
What changed in the latest version
905 added · 445 removedPlain-language change summary
The amended version of Bill S.28 strengthens consumer protections by broadening the rules against false advertising related to health care services, not just limited-services pregnancy centers. Additionally, it clarifies that health care providers at these centers are not held responsible for misleading information about the services provided there. The bill also allows certain healthcare professionals to prescribe medication for terminating pregnancy through online communication, removing previous restrictions, which can improve access to these essential healthcare services. These changes are important for ensuring that patients receive accurate information and have better access to reproductive health care.
BILL AS INTRODUCED AND PASSED BY SENATE S.28 Page 1 of 2034 S.28 AnIntroduced actby relatingSenators toHardy, accessLyons, toClarkson, certainGulick, legallyVyhovsky protectedand healthWhite careReferred servicesto ItCommittee ison herebyHealth enactedand byWelfare theDate: General Assembly of the State of Vermont:
January 29, 2025 Subject:
Health;
health care professionals;
legally protected health care;
limited-services pregnancy centers;
Consumer Protection Act;
unprofessional conduct;
medication abortions;
fetal death reports Statement of purpose of bill as introduced:
This bill proposes to expand the prohibition on untrue or misleading advertising by a limited-services pregnancy center under the Consumer Protection Act to apply to any untrue or misleading advertising about health care services.
It would eliminate specific responsibility for licensed health care providers who provide services at a limited-services pregnancy center for the services provided at the center and would remove language indicating that failure to ensure those services are conducted in accordance with the law could constitute unprofessional conduct.
The bill would also clarify and expand the types of actions that could be considered unprofessional conduct for physicians, physician assistants, advanced practice registered nurses, and naturopathic physicians under their licensure statutes.
The bill would eliminate restrictions on a physician, physician assistant, or advanced practice registered nurse prescribing medication to terminate an individual’s pregnancy based on asynchronous BILL AS INTRODUCED AND PASSED BY SENATE S.28 Page 2 of 34 electronic or other online communication with the individual.
It would also specify that fetal death reports required by law must be kept confidential.
An act relating to access to certain legally protected health care services It is hereby enacted by the General Assembly of the State of Vermont:
9 V.S.A.
chapter 63, subchapter 11 is amended to read:
Subchapter 11.
Pregnancy Services Centers Health Care Services § 2491.
FINDINGS;
LEGISLATIVE INTENT (a) Findings.
The General Assembly finds that:
(1) Centers that seek to counsel clients against abortion, often referred to as crisis pregnancy centers or limited-services pregnancy centers, have become common across the country, including in Vermont.
Accurate information about the services that a limited-services pregnancy center performs, in addition to forthright acknowledgement of its limitations, is essential to enable individuals in this State to make informed decisions about their care.
This includes individuals being informed of whether they are receiving services from a licensed and qualified health care provider at a limited-services pregnancy center, as this allows individuals to determine if they need to seek medical care elsewhere in order to continue or terminate a pregnancy.
BILL AS INTRODUCED AND PASSED BY SENATE S.28 Page 3 of 34 (2) Although some limited-services pregnancy centers openly acknowledge in their advertising, on their websites, and at their facilities that they neither provide abortions nor refer clients to other providers of abortion services, others provide confusing and misleading information to pregnant individuals contemplating abortion by leading those individuals to believe that their facilities offer abortion services and unbiased counseling.
Some limited- services pregnancy centers have promoted patently false or biased medical claims about abortion, pregnancy, contraception, and reproductive health care providers.
(3) False and misleading advertising by centers that do not offer or refer clients for abortion is of special concern to the State because of the time- sensitive and constitutionally protected nature of the decision to continue or terminate a pregnancy.
When a pregnant individual is misled into believing that a center offers services that it does not in fact offer or receives false or misleading information regarding health care options, the individual loses time crucial to the decision whether to terminate a pregnancy and may lose the option to choose a particular method or to terminate a pregnancy at all.
(4) Telling the truth is how trained health care providers demonstrate respect for patients, foster trust, promote self-determination, and cultivate an environment where best practices in shared decision-making can flourish.
Without veracity in information and communication, it is difficult for BILL AS INTRODUCED AND PASSED BY SENATE S.28 Page 4 of 34 individuals to make informed, voluntary choices that are essential to one’s sense of personal agency and autonomy.
(5)(2) Advertising strategies and educational information about health care options that lack transparency, use misleading or ambiguous terminology, misrepresent or obfuscate services provided, or provide factually inaccurate information are a form of manipulation that disrespects individuals, undermines trust, broadens health disparity, and can result in patient harm.
(b) Intent.
(1) It is the intent of the General Assembly to ensure that the public is provided with accurate, factual information about the types of health care services that are available to pregnant individuals in this State.
The General Assembly respects the constitutionally protected right of each individual to personal reproductive autonomy, which includes the right to receive clear, honest, and nonmisleading information about the individual’s options and to make informed, voluntary choices after considering all relevant information.
(2) The General Assembly respects the right of limited-services pregnancy centers to counsel individuals against abortion, and nothing in this subchapter should be construed to regulate, limit, or curtail such advocacy.
§ 2492.
DEFINITIONS DEFINITION As used in this subchapter:, BILL AS INTRODUCED AND PASSED BY SENATE S.28 Page 5 of 34 (1) “Abortion” means any medical treatment intended to induce the termination of, or to terminate, a clinically diagnosable pregnancy except for the purpose of producing a live birth.
(2) “Client” means an individual who is inquiring about or seeking services at a pregnancy services center.
Show all 265 changed lines (225 more)
(3) “Emergency contraception” means any drug approved by the U.S.
Food and Drug Administration as a contraceptive method for use after sexual intercourse, whether provided over the counter or by prescription.
(4) “Health information” means any oral or written information in any form or medium that relates to health insurance or the past, present, or future physical or mental health or condition of a client.
(5) “Limited-services pregnancy center” means a pregnancy services center that does not directly provide, or provide referrals to clients for, abortions or emergency contraception.
(6) “Pregnancy services center” means a facility, including a mobile facility, where the primary purpose is to provide services to individuals who are or may be pregnant and that either offers obstetric ultrasounds, obstetric sonograms, or prenatal care to pregnant individuals or has the appearance of a medical facility.
A pregnancy services center has the appearance of a medical facility if two or more of the following factors are present:
BILL AS INTRODUCED AND PASSED BY SENATE S.28 Page 6 of 34 (A) The center offers pregnancy testing or pregnancy diagnosis, or both.
(B) The center has staff or volunteers who wear medical attire or uniforms.
(C) The center contains one or more examination tables.
(D) The center contains a private or semiprivate room or area containing medical supplies or medical instruments.
(E) The center has staff or volunteers who collect health information from clients.
(F) The center is located on the same premises as a State-licensed medical facility or provider or shares facility space with a State-licensed medical provider.
(7) “Premises” means land and improvements or appurtenances or any part thereof.
“health care services” means services for the diagnosis, prevention, treatment, cure, or relief of a physical, dental, behavioral, or mental health condition or substance use disorder, including counseling, procedures, products, devices, and medications.
§ 2493.
UNFAIR AND DECEPTIVE ACT (a) It is an unfair and deceptive act and practice in commerce and a violation of section 2453 of this title for any limited-services pregnancy center BILL AS INTRODUCED AND PASSED BY SENATE S.28 Page 7 of 34 person to disseminate or cause to be disseminated to the public any advertising about the health care services or proposed services performed at that center in this State that is untrue or clearly designed to mislead the public about the nature of the services provided.
Advertising includes representations made directly to consumers;
marketing practices;
communication in any print medium, such as newspapers, magazines, mailers, or handouts;
and any broadcast medium, such as television or radio, telephone marketing, or advertising over the Internet internet such as through websites and, web ads advertisements, and social media.
For purposes of this chapter, advertising or the provision of services by a limited-services pregnancy center about health care services is an act in commerce.
(b) Health care providers certified, registered, or licensed under Title 26 of the Vermont Statutes Annotated who are employed by, contracted to provide services for or on behalf of, or volunteer to provide services at a limited- services pregnancy center shall be responsible for conducting and providing health care services, information, and counseling at the center.
The failure of a health care professional certified, registered, or licensed under Title 26 of the Vermont Statutes Annotated to conduct or to ensure that health care services, information, and counseling at the limited-services pregnancy services center are conducted in accordance with State law and professional standards of BILL AS INTRODUCED AND PASSED BY SENATE S.28 Page 8 of 34 practice may constitute unprofessional conduct under 3 V.S.A.
§ 129a and 26 V.S.A.
§ 1354.
[Repealed.] (c) The Attorney General has the same authority to make rules, conduct civil investigations, and bring civil actions with respect to violations of subsection (a) of this section as provided under subchapter 1 of this chapter.
Sec.
2.
18 V.S.A.
§ 5222 is amended to read:
§ 5222.
REPORTS (a)(1) The following fetal deaths shall be reported by the hospital, physician, or funeral director directly to the Commissioner within seven days after delivery on forms prescribed by the Department:
(1)(A) All fetal deaths of 20 or more weeks of gestation or, if gestational age is unknown, of 400 or more grams, 15 or more ounces, fetal weight shall be reported.
(2)(B) All therapeutic or induced abortions, as legally authorized to be performed, of any length gestation or weight shall be reported.
(3)(2) Spontaneous abortions and ectopic pregnancies of less than 20 weeks gestation are not required to be reported.
(b) The physician who treats a woman as a result of a miscarriage or abortion shall report the fetal death if it is not known to be previously reported under subsection (a) of this section.
If there is evidence of violence or other unusual or suspicious circumstances, the medical examiner shall be BILL AS INTRODUCED AND PASSED BY SENATE S.28 Page 9 of 34 immediately notified, and he or she the medical examiner shall complete at least the medical items on the report.
If a funeral director is to be involved, the physician may delegate to the funeral director the responsibility for completing items other than those of a medical nature.
Similarly, the physician may delegate the responsibility for completion of nonmedical items to appropriate personnel having access to records containing the information.
(c) If a fetal death occurs on a moving conveyance, the place of occurrence shall be given as the town or city where removal from the vehicle took place.
(d) Fetal death reports made pursuant to subsection (a) of this section are for statistical purposes only and are not public records.
They shall be kept confidential and shall be destroyed after five years.
Sec.
3.
26 V.S.A.
§ 1354 is amended to read:
§ 1354.
UNPROFESSIONAL CONDUCT (a) Prohibited conduct.
The Board shall find that any one of the following, or any combination of the following, whether the conduct at issue was committed within or outside the State, constitutes unprofessional conduct:
* * * (2) all advertising of health care services or a medical business that is intended or has a tendency to confuse, mislead, or deceive the public or impose upon credulous or ignorant persons and so be harmful or injurious to public morals or safety;
BILL AS INTRODUCED AND PASSED BY SENATE S.28 Page 10 of 34 * * * (21)(A) permitting one’s name or license to be used by a person, group, or corporation when not actually in charge of or responsible for the treatment given or other health care services provided;
(B) failing to provide active oversight over treatment or other health care services that are provided using or relying upon the licensee’s name or license;
(C) failing to actively monitor the education, training, and experience of individuals providing treatment or other health care services that are provided using or relying upon the licensee’s name or license;
or (D) failing to review and approve information about treatment or health care services that are provided using or relying upon the licensee’s name or license prior to communication of the information to users or potential users of the treatment or services;
* * * (29) delegation of professional responsibilities, including delivery of any health care services, to a person whom the licensed professional knows, or has reason to know, is not qualified by training, experience, education, or licensing credentials to perform them;
* * * BILL AS INTRODUCED AND PASSED BY SENATE S.28 Page 11 of 34 (33)(A) providing, prescribing, dispensing, or furnishing medical services or prescription medication or prescription-only devices to a person in response to any communication transmitted or received by computer or other electronic means, when the licensee fails to take the following actions to establish and maintain a proper physician-patient relationship:
(i) a reasonable effort to verify that the person requesting medication is in fact the patient, and is in fact who the person claims to be;
(ii) establishment of documented diagnosis through the use of accepted medical practices;
and (iii) maintenance of a current medical record;
(B) for the purposes of this subdivision (33), an electronic, on-line online, or telephonic evaluation by questionnaire is inadequate for the initial evaluation of the patient, except as otherwise provided in subdivision (C)(iv) of this subdivision (33);
(C) the following would not be in violation of this subdivision (33) if transmitted or received by computer or other electronic means:
(i) initial admission orders for newly hospitalized patients;
(ii) prescribing for a patient of another physician for whom the prescriber has taken the call;
BILL AS INTRODUCED AND PASSED BY SENATE S.28 Page 12 of 34 (iii) prescribing for a patient examined by a licensed advanced practice registered nurse, physician assistant, or other advanced practitioner authorized by law and supported by the physician;
(iv) in furtherance of 18 V.S.A.
chapter 223, prescribing medication for an individual to terminate the individual’s pregnancy based on an adaptive questionnaire that allows the licensee to obtain additional medical history and ask follow-up questions as needed;
(v) continuing medication on a short-term basis for a new patient, prior to the patient’s first appointment;
or (v)(vi) emergency situations where life or health of the patient is in imminent danger;
* * * (b) Failure to practice competently.
The Board may also find that failure to practice competently by reason of any cause on a single occasion or on multiple occasions constitutes unprofessional conduct.
Failure to practice competently includes, as determined by the Board:
(1) performance of unsafe or unacceptable patient care;
or (2) failure to conform to the essential standards of acceptable and prevailing practice.
BILL AS INTRODUCED AND PASSED BY SENATE S.28 Page 13 of 34 (c) Burden of proof.
The burden of proof in a disciplinary action shall be on the State to show by a preponderance of the evidence that the person has engaged in unprofessional conduct.
(d)(1) Health care providers.
Notwithstanding any other law to the contrary, no health care provider who is certified, registered, or licensed in Vermont shall be subject to professional disciplinary action by the Board, nor shall the Board take adverse action on an application for certification, registration, or licensure of a qualified health care provider, based solely on:
(A)(1) the health care provider providing or assisting in the provision of legally protected health care activity;
or (B)(2) a criminal, civil, or disciplinary action in another state against the health care provider that is based solely on the provider providing or assisting in the provision of legally protected health care activity.
(2)(e) Definitions.
As used in this subsection section:
(A)(1) “Health care provider” means a person who provides professional health care services to an individual during that individual’s medical care, treatment, or confinement.
(B)(2) “Health care services” means services for the diagnosis, prevention, treatment, cure, or relief of a physical or mental health condition, including counseling, procedures, products, devices, and medications.
BILL AS INTRODUCED AND PASSED BY SENATE S.28 Page 14 of 34 (C)(3) “Legally protected health care activity” has the same meaning as in 1 V.S.A.
§ 150.
Sec.
4.
26 V.S.A.
§ 1582 is amended to read:
§ 1582.
REGULATORY AUTHORITY;
UNPROFESSIONAL CONDUCT (a) The Board may deny an application for licensure, renewal, or reinstatement;
revoke or suspend any license to practice issued by it;
or discipline or in other ways condition the practice of an applicant or licensee upon due notice and opportunity for hearing if the person engages in the following conduct or the conduct set forth in 3 V.S.A.
§ 129a:
* * * (3) engaging in conduct of a character likely to confuse, mislead, deceive, defraud, or harm the public;
* * * (9)(A) permitting one’s name or license to be used by a person, group, or corporation when not actually in charge of or responsible for the treatment given or other health care services provided;
(B) failing to provide active oversight over treatment or other health care services that are provided using or relying upon the licensee’s name or license;
BILL AS INTRODUCED AND PASSED BY SENATE S.28 Page 15 of 34 (C) failing to actively monitor the education, training, and experience of individuals providing treatment or other health care services that are provided using or relying upon the licensee’s name or license;
or (D) failing to review and approve information about treatment or health care services that are provided using or relying upon the licensee’s name or license prior to communication of the information to users or potential users of the treatment or services;
* * * (c) As used in this section, “health services” means services for the diagnosis, prevention, treatment, cure, or relief of a physical or mental health condition, including counseling, procedures, products, devices, and medications.
* * * Sec.
5.
26 V.S.A.
§ 1615 is amended to read:
§ 1615.
ADVANCED PRACTICE REGISTERED NURSES;
REGULATORY AUTHORITY;
UNPROFESSIONAL CONDUCT (a) In addition to the provisions of 3 V.S.A.
§ 129a and section 1582 of this chapter, the Board may deny an application for licensure, renewal, or reinstatement or may revoke, suspend, or otherwise discipline an advanced practice registered nurse upon due notice and opportunity for hearing if the person engages in the following conduct:
BILL AS INTRODUCED AND PASSED BY SENATE S.28 Page 16 of 34 * * * (6) Providing Except as otherwise provided in subsection (b) of this section, providing, prescribing, dispensing, or furnishing medical services or prescription medication or prescription-only devices to a person in response to any communication transmitted or received by computer or other electronic means when the licensee fails to take the following actions to establish and maintain a proper provider-patient relationship:
(A) a reasonable effort to verify that the person requesting medication is in fact the patient and is in fact who the person claims to be;
(B) establishment of documented diagnosis through the use of accepted medical practices;
and (C) maintenance of a current medical record.
* * * (13)(A) Permitting one’s name or license to be used by a person, group, or corporation when not actually in charge of or responsible for the treatment given or other health care services provided;
(B) failing to provide active oversight over treatment or other health care services that are provided using or relying upon the APRN’s name or license;
BILL AS INTRODUCED AND PASSED BY SENATE S.28 Page 17 of 34 (C) failing to actively monitor the education, training, and experience of individuals providing treatment or other health care services that are provided using or relying upon the APRN’s name or license;
or (D) failing to review and approve information about treatment or health care services that are provided using or relying upon the APRN’s name or license prior to communication of the information to users or potential users of the treatment or services.
(b)(1) For the purposes of subdivision (a)(6) of this section, an electronic, online, or telephonic evaluation by questionnaire is inadequate for the initial evaluation of the patient, except as otherwise provided in subdivision (2)(D) of this subsection.
(2) The following would not be in violation of subdivision (a)(6) of this section:
(A) initial admission orders for newly hospitalized patients;
(B) prescribing for a patient of another provider for whom the prescriber has taken call;
(C) prescribing for a patient examined by a licensed APRN, physician assistant, or other practitioner authorized by law and supported by the APRN;
(D) in furtherance of 18 V.S.A.
chapter 223, prescribing medication for an individual to terminate the individual’s pregnancy based on an adaptive BILL AS INTRODUCED AND PASSED BY SENATE S.28 Page 18 of 34 questionnaire that allows the licensee to obtain additional medical history and ask follow-up questions as needed;
(E) continuing medication on a short-term basis for a new patient prior to the patient’s first appointment;
or (E)(F) emergency situations where the life or health of the patient is in imminent danger.
(c) As used in this section, “health services” means services for the diagnosis, prevention, treatment, cure, or relief of a physical or mental health condition, including counseling, procedures, products, devices, and medications.
Sec.
6.
26 V.S.A.
§ 1736 is amended to read:
§ 1736.
UNPROFESSIONAL CONDUCT (a) The following conduct and the conduct described in section 1354 of this title by a licensed physician assistant shall constitute unprofessional conduct;
when that conduct is by an applicant or person who later becomes an applicant, it may constitute grounds for denial of licensure:
* * * (2) occupational advertising or advertising about health care services that is intended or has a tendency to confuse, mislead, or deceive the public;
(3) exercising undue influence on or taking improper advantage of a person using the individual’s services, or promoting the sale of professional BILL AS INTRODUCED AND PASSED BY SENATE S.28 Page 19 of 34 goods or services in a manner that exploits a person for the financial gain of the practitioner or of a third party;
(4) failing to comply with provisions of federal or state statutes or rules governing the profession;
(5) conviction of a crime related to the profession;
and (6) conduct that evidences unfitness to practice in the profession.
* * * (d) As used in this section, “health services” means services for the diagnosis, prevention, treatment, cure, or relief of a physical or mental health condition, including counseling, procedures, products, devices, and medications.
Sec.
7.
26 V.S.A.
§ 1842 is amended to read:
§ 1842.
UNPROFESSIONAL CONDUCT (a) A person licensed as an osteopathic physician under this chapter shall not engage in unprofessional conduct.
If such conduct is committed by an applicant, it shall be grounds for denial of a license.
(b) Unprofessional conduct means the following conduct and conduct set forth in 3 V.S.A.
§ 129a:
* * * BILL AS INTRODUCED AND PASSED BY SENATE S.28 Page 20 of 34 (9) Delegating professional responsibilities, including the delivery of health care services, to a person who whom the licensee knows or has reason to know is not qualified by training, experience, or licensure to perform them.
* * * (14)(A) Permitting one’s name or license to be used by a person, group, or corporation when not actually in charge of or responsible for the treatment or other health care services provided;
(B) failing to provide active oversight over treatment or other health care services that are provided using or relying upon the licensee’s name or license;
(C) failing to actively monitor the education, training, and experience of individuals providing treatment or other health care services that are provided using or relying upon the licensee’s name or license;
or (D) failing to review and approve information about treatment or health care services that are provided using or relying upon the licensee’s name or license prior to communication of the information to users or potential users of the treatment or services.
(c) As used in this section, “health services” means services for the diagnosis, prevention, treatment, cure, or relief of a physical or mental health condition, including counseling, procedures, products, devices, and medications.
BILL AS INTRODUCED AND PASSED BY SENATE S.28 Page 21 of 34 Sec.
8.
26 V.S.A.
§ 2024 is added to read:
§ 2024.
CONFIDENTIALITY OF PRESCRIBER INFORMATION ON MEDICATIONS FOR LEGALLY PROTECTED HEALTH CARE ACTIVITY (a) As used in this section, “gender-affirming health care services” and “reproductive health care services” have the same meanings as in 1 V.S.A.
§ 150.
(b) Upon the request of a prescribing practitioner and to the extent not expressly prohibited under federal law, a pharmacist shall not list the practitioner’s name on a fulfilled prescription for medication for gender- affirming health care services or reproductive health care services but shall instead list the name of the facility at which the practitioner is employed or is a contract employee.
(c) Nothing in this chapter or the rules governing the pharmacy profession shall be construed to require a pharmacist to list the prescribing practitioner’s name on a fulfilled prescription for medication for gender-affirming health care services or reproductive health care services.
Sec.
9.
26 V.S.A.
§ 4132 is amended to read:
§ 4132.
UNPROFESSIONAL CONDUCT BILL AS INTRODUCED AND PASSED BY SENATE S.28 Page 22 of 34 (a) The following conduct and conduct set forth in 3 V.S.A.
§ 129a by a person licensed as a naturopathic physician under this chapter or an applicant for licensure constitutes unprofessional conduct:
* * * (12) Delegating professional responsibilities, including the delivery of health care services, to a person whom the licensee knows or has reason to know is not qualified by training, experience, or licensure to perform them.
(13)(A) Permitting one’s name or license to be used by a person, group, or corporation when not actually in charge of or responsible for the treatment or other health care services provided;
(B) failing to provide active oversight over treatment or other health care services that are provided using or relying upon the licensee’s name or license;
(C) failing to actively monitor the education, training, and experience of individuals providing treatment or other health care services that are provided using or relying upon the licensee’s name or license;
or (D) failing to review and approve information about treatment or health care services that are provided using or relying upon the licensee’s name or license prior to communication of the information to users or potential users of the treatment or services.
* * * BILL AS INTRODUCED AND PASSED BY SENATE S.28 Page 23 of 34 (e) As used in this section, “health services” means services for the diagnosis, prevention, treatment, cure, or relief of a physical or mental health condition, including counseling, procedures, products, devices, and medications.
Sec.
10.
EFFECTIVE DATE This act shall take effect on passage.
Sec.
1.
§§ 317(c) 317(c) is amended to read:
§§ 129a 129a is amended to read:
When that conduct is by an applicant or person who later becomes an applicant, it may constitute grounds VT LEG #381696 v.1 AS PASSED BY SENATE S.28 Page 2 of 20 for denial of a license or other disciplinary action.
* * * BILL AS INTRODUCED AND PASSED BY SENATE S.28 Page 24 of 34 (6) Delegating professional responsibilities, including the delivery of health care services, to a person whom the licensed professional knows, or has reason to know, is not qualified by any combination of training, experience, education, or licensing credentials to perform them, or knowingly providing professional supervision or serving as a preceptor to a person who has not been licensed or registered as required by the laws of that person’s profession.
Notwithstanding subsection (e) of this section or any other law to the contrary, no health care provider who is certified, registered, or licensed in Vermont shall be subject to professional disciplinary VT LEG #381696 v.1 AS PASSED BY SENATE S.28 Page 3 of 20 action by a board or the Director, nor shall a board or the Director take adverse action on an application for certification, registration, or licensure of a qualified health care provider, based solely on:
This includes individuals being informed of whether they are receiving services VTfrom LEGa #381696licensed v.1and ASqualified PASSEDhealth BYcare SENATEprovider S.28at Pagea 4BILL ofAS 20INTRODUCED fromAND aPASSED licensedBY andSENATE qualifiedS.28 healthPage care25 providerof at34 a limited-services pregnancy center, as this allows individuals to determine if they need to seek medical care elsewhere in order to continue or terminate a pregnancy.
VT LEG #381696 v.1 AS PASSED BY SENATE S.28 Page 5 of 20 (4) Telling the truth is how trained health care providers demonstrate respect for patients, foster trust, promote self-determination, and cultivate an environment where best practices in shared decision-making can flourish.
VTBILL LEGAS #381696INTRODUCED v.1AND AS PASSED BY SENATE S.28 Page 626 of 2034 (2) The General Assembly respects the right of limited-services pregnancy centers to counsel individuals against abortion, and nothing in this subchapter should be construed to regulate, limit, or curtail such advocacy.
(6) “Pregnancy services center” means a facility, including a mobile facility, where the primary purpose is to provide services to individuals who VT LEG #381696 v.1 AS PASSED BY SENATE S.28 Page 7 of 20 are or may be pregnant and that either offers obstetric ultrasounds, obstetric sonograms, or prenatal care to pregnant individuals or has the appearance of a medical facility.
BILL AS INTRODUCED AND PASSED BY SENATE S.28 Page 27 of 34 (F) The center is located on the same premises as a State-licensed medical facility or provider or shares facility space with a State-licensed medical provider.
VT LEG #381696 v.1 AS PASSED BY SENATE S.28 Page 8 of 20 § 2493.
The failure of a health care professional certified, registered, or licensed under Title 26 of the Vermont Statutes Annotated to conduct or to ensure that health care services, VT LEG #381696 v.1 AS PASSED BY SENATE S.28 Page 9 of 20 information, and counseling at the limited-services pregnancy services center are conducted in accordance with State law and professional standards of practice may constitute unprofessional conduct under 3 V.S.A.
§§ 4999 4999 is amended to read:
BILL AS INTRODUCED AND PASSED BY SENATE S.28 Page 28 of 34 * * * (2) “Licensed health care professional,” as used in 18 V.S.A.
§§ 5200 5200 is amended to read:
* * * VT LEG #381696 v.1 AS PASSED BY SENATE S.28 Page 10 of 20 (4) “Licensed health care professional” means a physician, a physician assistant, a naturopathic physician, or an advanced practice registered nurse.
(5) “Natural organic reduction” has the same meaning as in section 5302 of this title.
§§ 5222 5222 is amended to read:
If there is evidence of violence or other unusual or suspicious circumstances, the medical VT LEG #381696 v.1 AS PASSED BY SENATE S.28 Page 11 of 20 examiner shall be immediately notified, and he or she the medical examiner shall complete at least the medical items on the report.
Similarly, the physician licensed health care professional BILL AS INTRODUCED AND PASSED BY SENATE S.28 Page 29 of 34 may delegate the responsibility for completion of nonmedical items to appropriate personnel having access to records containing the information.
§§ 1354 1354 is amended to read:
* * * (2) all advertising of about health care services or a medical business that is intended or has a tendency to mislead or deceive the public or impose VT LEG #381696 v.1 AS PASSED BY SENATE S.28 Page 12 of 20 upon credulous or ignorant persons and so be harmful or injurious to public morals or safety;
BILL AS INTRODUCED AND PASSED BY SENATE S.28 Page 30 of 34 (ii) establishment of documented diagnosis through the use of accepted medical practices;
and VT LEG #381696 v.1 AS PASSED BY SENATE S.28 Page 13 of 20 (iii) maintenance of a current medical record;
VT LEG #381696 v.1 AS PASSED BY SENATE S.28 Page 14 of 20 * * * (b) Failure to practice competently.
Notwithstanding any other law to the contrary, no health care provider who is certified, registered, or licensed in BILL AS INTRODUCED AND PASSED BY SENATE S.28 Page 31 of 34 Vermont shall be subject to professional disciplinary action by the Board, nor shall the Board take adverse action on an application for certification, registration, or licensure of a qualified health care provider, based solely on:
VT LEG #381696 v.1 AS PASSED BY SENATE S.28 Page 15 of 20 (2)(e) Definitions.
§§ 1615 1615 is amended to read:
* * * (6) Providing Except as otherwise provided in subsection (b) of this section, providing, prescribing, dispensing, or furnishing medical services or prescription medication or prescription-only devices to a person in response to VT LEG #381696 v.1 AS PASSED BY SENATE S.28 Page 16 of 20 any communication transmitted or received by computer or other electronic means when the licensee fails to take the following actions to establish and maintain a proper provider-patient relationship:
and BILL AS INTRODUCED AND PASSED BY SENATE S.28 Page 32 of 34 (C) maintenance of a current medical record.
VT LEG #381696 v.1 AS PASSED BY SENATE S.28 Page 17 of 20 (D) in furtherance of 18 V.S.A.
§§ 1658 1658 is amended to read:
VTBILL LEGAS #381696INTRODUCED v.1AND AS PASSED BY SENATE S.28 Page 1833 of 2034 * * * Sec.
§§ 1736 1736 is amended to read:
* * * (d) As used in this section, “health care services” means services for the diagnosis, prevention, treatment, cure, or relief of a physical or mental health VT LEG #381696 v.1 AS PASSED BY SENATE S.28 Page 19 of 20 condition, including counseling, procedures, products, devices, and medications.
§§ 2024 2024 is added to read:
§§ 2024. 2024.
§§ 150. 150.
BILL AS INTRODUCED AND PASSED BY SENATE S.28 Page 34 of 34 (c) Nothing in this chapter or the rules governing the pharmacy profession shall be construed to require a pharmacist to list the prescribing practitioner’s name on a fulfilled prescription for medication for gender-affirming health care services or reproductive health care services.
VT LEG #381696 v.1 AS PASSED BY SENATE S.28 Page 20 of 20 Sec.
§§ 2858 2858 is amended to read:
VT LEG #381696 v.1
Show all 265 changed rows (225 more)
View plain text versions (7)
- As Passed By the Senate (OfficialOpens in a new window) View text pdf
- As Passed By the Senate (UnofficialOpens in a new window) View text pdf
- As Passed by Both House and Senate (OfficialOpens in a new window) View text pdf
- As Passed by Both House and Senate (UnofficialOpens in a new window) View text pdf
- As EnactedOpens in a new window View text pdf
- Act SummaryOpens in a new window View text Current pdf
- Introduced As IntroducedOpens in a new window pdf
Amendments
2 amendments- House Proposal of Amendment (OfficialOpens in a new window) Show changes
- House Proposal of Amendment (UnofficialOpens in a new window) Show changes
Click Show changes on an amendment above to see how it modifies the bill.
Action History
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Senate Message: Signed by Governor May 13, 2025
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Signed by Governor on May 13, 2025
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Delivered to Governor on May 7, 2025
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Senate Message: House proposal of amendment concurred in
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As passed by Senate and House
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House proposal of amendment concurred in
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House proposal of amendment; text
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Unfinished Business/House Proposal of Amendment
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New Business/House Proposal of Amendment
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House proposal of amendment
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Entered on Notice Calendar
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House message: House passed bill in concurrence with proposal(s) of amendment
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Read third time and passed in concurrence with proposal of amendment
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Action Calendar: Third Reading
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Which was agreed to on a Roll Call Passed -- Needed 70 of 140 to Pass -- Yeas = 97, Nays = 43
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Third Reading ordered
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Rep. Houghton of Essex Junction demanded yeas and nays
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Report of Committee on Health Care, as amended, agreed to
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Rep. Dolan of Essex Junction and LaLonde of South Burlington moved to amend the report of the Committee on Health Care, which was agreed to
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Rep. Berbeco of Winooski reported for the Committee on Health Care
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Read second time
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Action Calendar: Action postponed until 4/17/2025
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Rep. Berbeco of Winooski moved to postpone action until 4/17/2025, which was agreed to
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Action Calendar: Favorable with Amendment
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Notice Calendar: Favorable with Amendment
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Read first time and referred to the Committee on Health Care
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Read 3rd time & passed
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New Business/Third Reading
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3rd reading ordered
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Recommendation of amendment by Committee on Health and Welfare agreed to
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Read 2nd time, reported favorably with recommendation of amendment by Senator Lyons for Committee on Health and Welfare
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Favorable report with recommendation of amendment by Committee on Health and Welfare
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New Business/Second Reading
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Favorable report with recommendation of amendment by Committee on Health and Welfare
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Second Reading
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Entered on Notice Calendar
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Read 1st time & referred to Committee on Health and Welfare
Sponsors
- Rebecca "Becca" E White · Primary
- Tanya C Vyhovsky · Primary
- Martine Larocque L Gulick · Primary
- Alison Clarkson · Primary
- Virginia "Ginny" V Lyons · Primary
- Ruth E Hardy · Primary
Sponsorship breakdown
Export CSV (upgrade) →6 sponsors · 0 co-sponsors · 184 not signed on · 42 voted No
Sponsors (6)
- Rebecca "Becca" E White Democrat
- Tanya C Vyhovsky Progressive/Democrat
- Martine Larocque L Gulick Democrat
- Alison Clarkson Democrat
- Virginia "Ginny" V Lyons Democrat
- Ruth E Hardy Democrat
Co-sponsors (0)
None.
Not signed on (184)
184 members have not signed on to this bill.
Show all 184 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 75 | 0 | 0 | 6 |
| Republican/Democrat | 1 | 1 | 0 | 1 |
| Republican | 11 | 39 | 0 | 2 |
| Unaffiliated | 4 | 1 | 0 | 1 |
| Progressive/Democrat | 3 | 0 | 0 | 0 |
| Independent | 3 | 2 | 0 | 0 |
| Total | 97 | 43 | 0 | 10 |
| % of votes cast | 65% | 29% | 0% | 7% |
How each member voted (150)
| Member | Party | Vote |
|---|---|---|
| Casey | — | Yea |
| Hooper | — | Yea |
| White | — | Yea |
| White | — | Yea |
| Casey | — | Nay |
| Hooper | — | Not Voting |
| Abbey Duke | Democrat | Yea |
| Alice M. M Emmons | Democrat | Yea |
| Alyssa Black | Democrat | Yea |
| Amy D Sheldon | Democrat | Yea |
| Angela Arsenault | Democrat | Yea |
| Barbara Rachelson | Democrat | Yea |
| Bram Kleppner | Democrat | Yea |
| Brian Minier | Democrat | Yea |
| Bridget M Burkhardt | Democrat | Yea |
| Carol Ode | Democrat | Yea |
| Charles A Kimbell | Democrat | Yea |
| Chea Waters Evans | Democrat | Yea |
| Christopher Morrow | Democrat | Yea |
| Daisy Berbeco | Democrat | Yea |
| Daniel A Noyes | Democrat | Yea |
| Dara Torre | Democrat | Yea |
| David K Durfee | Democrat | Yea |
| David W Yacovone | Democrat | Yea |
| Doug Bishop | Democrat | Yea |
| Edward "Teddy" Waszazak | Democrat | Yea |
| Edye Graning | Democrat | Yea |
| Ela Chapin | Democrat | Yea |
| Elizabeth L Burrows | Democrat | Not Voting |
| Emilie K Kornheiser | Democrat | Yea |
| Emilie Krasnow | Democrat | Yea |
| Emily Carris Duncan | Democrat | Yea |
| Emily J Long | Democrat | Yea |
| Erin Brady | Democrat | Yea |
| Esme Cole | Democrat | Yea |
| Gayle S Pezzo | Democrat | Yea |
| Golrang "Rey" Garofano | Democrat | Yea |
| Heather Surprenant | Democrat | Not Voting |
| Herb Olson | Democrat | Yea |
| Ian Goodnow | Democrat | Yea |
| James W Masland | Democrat | Yea |
| Jill L Krowinski | Democrat | Not Voting |
| John K O'Brien | Democrat | Yea |
| John L Bartholomew | Democrat | Yea |
| Jonathan Cooper | Democrat | Yea |
| Jubilee McGill | Democrat | Yea |
| Karen N Dolan | Democrat | Yea |
| Kate Lalley | Democrat | Yea |
| Kate McCann | Democrat | Yea |
| Kate Nugent | Democrat | Yea |
| Kathleen C James | Democrat | Yea |
| Kevin "Coach" B Christie | Democrat | Yea |
| Kristi C Morris | Democrat | Not Voting |
| Larry Satcowitz | Democrat | Yea |
| Leanne Harple | Democrat | Yea |
| Leonora Dodge | Democrat | Yea |
| Leslie Goldman | Democrat | Yea |
| Lori Houghton | Democrat | Yea |
| Lucy Boyden | Democrat | Yea |
| Marc B Mihaly | Democrat | Yea |
| Mari K Cordes | Democrat | Yea |
| Martin J LaLonde | Democrat | Yea |
| Mary E. E Howard | Democrat | Yea |
| Mary-Katherine A Stone | Democrat | Yea |
| Matthew J Birong | Democrat | Yea |
| Michael Mrowicki | Democrat | Yea |
| Michael Nigro | Democrat | Yea |
| Michelle Bos-Lun | Democrat | Yea |
| Mollie S. S Burke | Democrat | Yea |
| Monique Priestley | Democrat | Yea |
| Peter C Conlon | Democrat | Yea |
| Phil Pouech | Democrat | Yea |
| R. Scott Campbell | Democrat | Not Voting |
| Rebecca Holcombe | Democrat | Yea |
| Robert Hunter | Democrat | Yea |
| Robin P Scheu | Democrat | Yea |
| Sarah "Sarita" C Austin | Democrat | Yea |
| Saudia LaMont | Democrat | Yea |
| Shawn Sweeney | Democrat | Yea |
| Theresa A Wood | Democrat | Yea |
| Thomas S Stevens | Democrat | Yea |
| Tiffany Bluemle | Democrat | Yea |
| Timothy R. R Corcoran II | Democrat | Yea |
| Trevor J Squirrell | Democrat | Not Voting |
| Wendy A Critchlow | Democrat | Yea |
| William "Will" Greer | Democrat | Yea |
| Zon Eastes | Democrat | Yea |
| Anne B. B Donahue | Independent | Nay |
| Jed Lipsky | Independent | Yea |
| Joseph Parsons | Independent | Nay |
| Laura H Sibilia | Independent | Yea |
| Troy Headrick | Independent | Yea |
| Brian J Cina | Progressive/Democrat | Yea |
| Chloe Tomlinson | Progressive/Democrat | Yea |
| Kate Logan | Progressive/Democrat | Yea |
| Allen "Penny" R Demar | Republican | Nay |
| Anthony "Tony" Micklus | Republican | Nay |
| Beth M Quimby | Republican | Yea |
| Brenda Steady | Republican | Nay |
| Carolyn W Branagan | Republican | Nay |
| Casey J Toof | Republican | Nay |
| Chris A Taylor | Republican | Yea |
| Chris Brown | Republican | Yea |
| Chris Keyser | Republican | Nay |
| Christopher "Chris" A Pritchard | Republican | Nay |
| Christopher Howland | Republican | Nay |
| David "Dave" Bosch | Republican | Nay |
| Deborah "Debbie" C Dolgin | Republican | Nay |
| Debra L Powers | Republican | Nay |
| Eileen G Dickinson | Republican | Nay |
| Eric Maguire | Republican | Nay |
| Francis M McFaun | Republican | Yea |
| Gina M Galfetti | Republican | Yea |
| Gregory "Greg" Burtt | Republican | Nay |
| James A Gregoire | Republican | Nay |
| Jim F Harrison | Republican | Nay |
| John Kascenska | Republican | Yea |
| Joseph "Joe" Luneau | Republican | Yea |
| Joshua Dobrovich | Republican | Not Voting |
| Kenneth "Ken" L Wells | Republican | Yea |
| Kenneth W Goslant | Republican | Nay |
| Kevin C Winter | Republican | Nay |
| Larry Labor | Republican | Nay |
| Leland J Morgan | Republican | Nay |
| Lisa A Hango | Republican | Not Voting |
| Mark A Higley | Republican | Nay |
| Martha A Feltus | Republican | Nay |
| Mary A. A Morrissey | Republican | Nay |
| Matt E Walker | Republican | Yea |
| Michael "Mike" Southworth | Republican | Nay |
| Michael "Mike" Tagliavia | Republican | Nay |
| Michael Boutin | Republican | Nay |
| Michael J Marcotte | Republican | Nay |
| Michael R Morgan | Republican | Nay |
| Patricia A McCoy | Republican | Nay |
| Richard J Bailey | Republican | Nay |
| Richard M Nelson | Republican | Yea |
| Rob North | Republican | Nay |
| Sandra "Sandy" H Pinsonault | Republican | Nay |
| Thomas "Tom" F Charlton | Republican | Nay |
| Thomas B Burditt | Republican | Yea |
| Todd Nielsen | Republican | Nay |
| VL L Coffin IV | Republican | Nay |
| Wayne A Laroche | Republican | Nay |
| William P Canfield | Republican | Nay |
| Woodman H Page | Republican | Nay |
| Zachary J Harvey | Republican | Nay |
| Alicia Malay | Republican/Democrat | Not Voting |
| Ashley R Bartley | Republican/Democrat | Yea |
| Thomas Oliver | Republican/Democrat | Nay |
Subjects
Frequently asked questions
- What does S 28 do?
- The bill addresses access to specific health care services that are legally protected. It outlines provisions to ensure these services remain available to individuals.
- Who sponsors S 28?
- S 28 is sponsored by Rebecca "Becca" E White (Democrat), Tanya C Vyhovsky (Progressive/Democrat), Martine Larocque L Gulick (Democrat), Alison Clarkson (Democrat), Virginia "Ginny" V Lyons (Democrat), and Ruth E Hardy (Democrat).
- What is the current status of S 28?
- This bill has been enacted into law. Introduced January 29, 2025. Enacted.
- Where can I track S 28?
- Track S 28 free on One Click Politics — get push/email alerts when it moves.
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