VERMONT. Vermont Statutes.

 

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[TITLE 13 Crimes and Criminal Procedure : PART 1 Crimes : CHAPTER 3. ABORTION]

101. Definition and punishment. [These provisions haves been held to be unconstitutional and unenforceable as applied to physicians.]

 

A person who wilfully administers, advises or causes to be administered anything to a woman pregnant, or supposed by such person to be pregnant, or employs or causes to be employed any means with intent to procure the miscarriage of such woman, or assists or counsels therein, unless the same is necessary to preserve her life, if the woman dies in consequence thereof, shall be imprisoned not more than twenty years nor less than five years.  If the woman does not die in consequence thereof, such person shall be imprisoned not more than ten years nor less than three years.  However, the woman whose miscarriage is caused or attempted shall not be liable to the penalties prescribed by this section. 

 

102. Dying declaration as evidence.

 

In all prosecutions under the provisions of section 101 of this title, the dying declaration of the woman whose death is produced by any of the means set forth in such section may be admitted in evidence subject to the same restrictions as in cases of homicide. 

 

103. Joining with murder indictment.

 

A person who is indicted for the murder of an infant child, or of a woman pregnant or supposed by such person to be pregnant, may be charged in the same indictment with the offenses under section 101 of this title, and may be found guilty of any charge in the indictment sustained by the proof, and judgment and sentence shall be awarded accordingly. 

 

104. Advertising or dealing in anything to cause miscarriage.

 

A person who knowingly causes to be made public by print, writing, words or language that give any information where anything, or any advice or information, may be obtained for the purpose of causing or procuring the miscarriage of a pregnant woman, shall be imprisoned not more than ten years nor less than three years.  A person who sells or gives away anything for the purpose of producing such miscarriage shall be imprisoned not more than three years nor less than one year and fined not more than $500.00 nor less than $200.00, or both. 

 

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[TITLE 16 Education : PART 1 Administration : CHAPTER 1. ADMINISTRATION GENERALLY : Subchapter 7. Comprehensive Health Education]

 

131. Definitions.

 

For the purposes of this subchapter: 

 

"Comprehensive health education" means a systematic and extensive elementary and secondary educational program designed to provide a variety of learning experiences based upon knowledge of the human organism as it functions within its environment.  The term includes, but is not limited to, a study of: 

 

(1) Body structure and function, including the physical, psychosocial and psychological basis of human development, sexuality and reproduction; 

 

(2) Community health to include environmental health, pollution, public health and world health; 

 

(3) Safety including first aid, disaster prevention and accident prevention; 

 

(4) Disease, such as HIV infection, other sexually transmitted diseases, as well as other communicable diseases, and the prevention of disease; 

 

(5) Family health and mental health, including instruction which promotes the development of responsible personal behavior involving decision making about sexual activity including abstinence; skills which strengthen existing family ties involving communication, cooperation, and interaction between parents and students; and instruction to aid in the establishment of strong family life in the future, thereby contributing to the enrichment of the community; 

 

(6) Personal health habits including dental health; 

 

(7) Consumer health including health careers, health costs and utilizing health services; 

 

(8) Human growth and development, including understanding the physical, emotional and social elements of individual development and interpersonal relationships including instruction in parenting methods and styles.  This shall include information regarding the possible outcomes of premature sexual activity, contraceptives, adolescent pregnancy, childbirth, adoption, and abortion; 

 

(9) Drugs including education about alcohol, caffeine, nicotine and prescribed drugs; and 

 

(10) Nutrition. 

 

132. Advisory council.

 

(a)  The commissioner with the approval of the state board shall establish an advisory council on comprehensive health education.  There shall be eleven members of the council, at least three of whom shall be associated with the health services field, and their qualifications shall be determined by the board.  The members shall serve without compensation but shall receive their actual expenses incurred in the pursuance of their duties relating to comprehensive health education. 

 

(b)  The council shall assist the department of education

 

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[Vermont allows women eligible for state medical assistance for general health care to obtain public funds for medically necessary abortions. Vt. Dep't of Soc. Welfare, PP & D Memo, Policy Interpretation (Jan. 12, 1994). This information is taken from the NARAL Pro-Choice America web site.]