§ 7107. Unlicensed homes

(a) The licensing agency shall adopt rules governing the identification of unlicensed residential care homes, nursing homes, assisted living residences, therapeutic community residences, and homes for persons who are terminally ill.

(b) No physician, surgeon, osteopath, chiropractor, or physician assistant licensed, certified, or registered under the provisions of Title 26; any resident physician, intern, or any hospital administrator in any hospital in this State; any registered nurse, licensed practical nurse, medical examiner, psychologist, mental health professional, social worker, probation officer, police officer, nursing home administrator, or employee; or any owner, operator, or employee of a facility shall knowingly place, refer, or recommend placement of a person to such a facility if that facility is operating without a license.

(c) Any person listed in subsection (b) of this section who is licensed or certified by the State of Vermont or who is employed by the State or a municipality and who knows or has reason to believe that a facility is operating without the license required under this chapter shall report the facility and address of the facility to the licensing agency.

(d) The licensing agency shall investigate any report filed pursuant to this section, and conduct an inspection as provided in section 7108 of this title.

(e)(1) Within 30 days of the date a license to operate any facility pursuant to this section is revoked or voluntarily relinquished, the operator shall obtain a new license or shall cause all of the residents in the facility to be moved promptly.

(2) The facility shall be responsible for securing suitable alternative placements for the residents and shall be responsible for the cost of the planning for the transition and transportation of the residents to the alternative placements.

(3) Failure to comply with this subsection may result in penalties being assessed against the operator, owner, or the facility as provided for in section 7111 of this title. (Added 1985, No. 151 (Adj. Sess.), § 5; amended 1997, No. 61, § 271f; 2009, No. 36, § 1; 2013, No. 34, § 30a; 2013, No. 96 (Adj. Sess.), § 221.)