Act No. 14 Page 1 of 2
2023
This act summary is provided for the convenience of the public and members of the General Assembly. It
is intended to provide a general summary of the act and may not be exhaustive. It has been prepared by the
staff of the Office of Legislative Counsel without input from members of the General Assembly. It is not
intended to aid in the interpretation of legislation or to serve as a source of legislative intent.
Act No. 14 (H. 89). An act relating to civil and criminal procedures concerning legally
protected health care activity
Subjects: Civil and criminal procedure; legally protected health care
This act defines “legally protected health care activity” for purposes of Vermont law
to include reproductive health care services and gender-affirming health care services and
reaffirms that access to such services is a legal right in Vermont. The act declares
interference with legally protected health care activity, whether or not under the color of
law, against the public policy of Vermont and the act shields providers and patients from
litigation seeking to interfere with these established health care services.
The act identifies “abusive litigation” as litigation or other legal action to deter,
prevent, sanction, or punish any person engaging in legally protected health care activity
by filing or prosecuting any action in any other state where liability, in whole or part,
directly or indirectly, is based on legally protected health care activity that occurred in
Vermont. Lawsuits are considered to be based on conduct that occurred in Vermont if
any part of any act or omission involved in the course of conduct that forms the basis for
liability in the lawsuit occurs or is initiated in Vermont, whether or not such act or
omission is alleged or included in any pleading or other filing in the lawsuit. The act
creates a private right of action for a person who has been subject to abusive litigation to
countersue for damages for the amount of any judgment issued in connection with any
abusive litigation, and any and all other expenses, costs, or reasonable attorney’s fees
incurred in connection with the abusive litigation and with the tortious interference
action.
The act establishes a policy of noncooperation with abusive litigation concerning
legally protected health care. Vermont courts are prohibited from ordering a person
found in Vermont to give testimony or a statement or produce documents or other things
with any proceeding in a tribunal outside Vermont concerning abusive litigation
involving legally protected health care activity. No public agency or employee,
appointee, officer or official, or any other person acting on behalf of a public agency may
knowingly provide any information or expend or use time, money, facilities, property,
equipment, personnel, or other resources in furtherance of any interstate investigation or
proceeding seeking to impose civil or criminal liability upon a person or entity for the
provision, seeking or receipt of, or inquiring about legally protected health care activity
that is legal in Vermont or assisting any person or entity providing, seeking, receiving, or
responding to an inquiry about legally protected health care activity that is legal in
Vermont. With respect to extradition, the Governor is directed not to surrender a person
charged in another state as a result of engaging in legally protected health care activity
unless the executive authority of the demanding state alleges in writing that the accused
was physically present in the demanding state at the time of the commission of the
alleged offense and that thereafter the accused fled from the demanding state. Finally,
VT LEG #370627 v.2
Act No. 14 Page 2 of 2
2023
Vermont courts are prohibited from issuing a summons where a prosecution is pending in
another state concerning legally protected health care activity or where a grand jury
investigation concerning legally protected health care activity has commenced or is about
to commence for a criminal violation of a law of the other state unless the acts forming
the basis of the prosecution or investigation would also constitute an offense if occurring
entirely in Vermont.
The act establishes a civil offense for interference with access to a health care facility
that is modeled after the federal Freedom of Access to Clinic Entrances Act (18 U.S.C.
§ 248) and permits persons who provide legally protected health care, persons who assist
others in obtaining such care, and persons who exercise their legal right to obtain such
services to participate in the Safe at Home address confidentiality program that is
currently available to victims of domestic violence, stalking, sexual assault, or human
trafficking.
Effective Date: May 10, 2023
VT LEG #370627 v.2


Statutes affected:
As Introduced: 12-1041, 12-3577, 15-21
As Passed By the House -- Official: 12-1041, 12-3577, 15-21, 4-1102
As Passed By the House -- Unofficial: 12-1041, 4-1102, 15-21
As Passed by Both House and Senate -- Official: 12-1041, 12-3577, 15-21, 4-1102
As Passed by Both House and Senate -- Unofficial: 12-1041, 4-1102, 15-21
As Enacted: 12-1041, 4-1102, 15-21