Reports, Laws, Rules & Court Cases -
Board of Medical Practice
Reports, Advisories
- Policy for Use of Controlled Substances for the Treatment of Pain (pdf)
- Termination of the Physician-Patient Relationship (Adopted January 6, 1999)
Selected Laws & Legislation
- Title 26, Chapter 23, Vermont Statutes Annotated: Medicine and Surgery Note: During the 2001 adjourned session of the Vermont Legislature (which occurred early in calendar year 2002), 26 V.S.A. §1351 was amended twice, by Act Nos. 129 and 132, resulting in two versions of the section. In the document presented by this link, two versions of Section 1351 are set out; the second version takes precedence.
- Act 132. An act relating to oversight and management of the Board of Medical Practice (2002)
- Legislative Bills (How to obtain information about a legislative bill)
Rules
WARNING:
The Board of Medical Practice Rules (effective 2-16-2001) are being
revised because of changes to the Vermont Statutes referenced above.
Some of the Rules conflict with the Statutes and, where this occurs, the
Statutes preempt the Rules. With the strong warning that some of the
Rules have been preempted, we have provided a link to the current Rules
above. If you have any questions regarding the applicability of certain
Rules, we urge you to contact the Board of Medical Practice office at
(802) 657-4220.
Selected Court Decisions
Agee v. Grunert - Opinion issued in 2004
- Peter L. Braun DDS v. Board of Dental Examiners 167 Vt. 110; 702 A.2d 124 (1997)
Note: This Board of Dental Examiners case is cited in Lynch, below.
- Annette Lynch, M.D. v. Office of Professional Regulation Docket No. 1999-389 December 5, 2001 Unpublished Entry Order
The Vermont Supreme Court will not disturb findings of fact unless clearly erroneous, and will affirm the Board of Medical Practice's conclusions as long as they are rationally derived from its findings and based on a correct interpretation of the law.
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Perry v. Medical Practice Board 169 Vt. 399; 737 A.2d 900 (1999)
Board of Medical Practice's authority to issue or deny a medical license necessarily implied discretionary authority to deny leave to withdraw a license application; State's interest in regulating entrance to medical profession was compelling, and board's authority to continue a disciplinary investigation to completion and deny an application where necessary was an integral and necessary component of board's reciprocal duties vis-á-vis other licensing jurisdictions.
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In re: Trudy J. Smith 169 Vt. 162; 730 A.2d 605 (1999)
Note: This Board of Nursing case is cited in Lynch, above.