Vetoed by Governor Phil Scott

Vote Smart's Synopsis:

Vote to concur with house amendments and pass a bill that requires corporate compensation for long-term health monitoring.

Highlights:

• Specifies that a person without a present injury or disease will have a cause of action for the remedy of medical monitoring against a person who is the owner or operator of a large facility from which a toxic substance was released if all of the following are demonstrated (Sec. 1):

• The person was exposed to the toxic substance as a result of tortious conduct by the owner or operator, or persons under the control of the owner or operator, who released the toxic substance; 

• As a proximate result of the tortious exposure, the person has a greater risk of contracting a latent disease; 

• Diagnostic testing is reasonably necessary; and

• Medical tests or procedures exist to detect the latent disease. 

• Specifies that diagnostic testing is reasonably necessary if, shown by witness testimony, a physician would prescribe testing because the person’s increased risk of contracting the disease due to the exposure makes it reasonably necessary to undergo diagnostic testing different from what would normally be prescribed in the absence of the exposure (Sec. 1).

• Defines “medical monitoring” as a program of medical tests or procedures for the purpose of early detection of signs or symptoms of a latent disease resulting from exposure (Sec. 1).

• Defines “toxic substance” as any substance, mixture, or compound that may cause personal injury or disease to humans through ingestion, inhalation, or absorption through any body surface, and that satisfies one or more of the following (Sec. 1):

• It is listed on the US Environmental Protection Agency Consolidated List of Chemicals Subject to the Emergency Planning and Community Right-to-Know Act, Comprehensive Environmental Response, Compensation and Liability Act, and Section 112(r) of the Clean Air Act;

• It is defined as a “hazardous material;”

• Testing has produced evidence that the substance poses acute or chronic health hazards; 

• The Department of Health has issued a public health advisory for the substance; 

• The Secretary of Natural Resources has designated it as a hazardous waste; or

• Exposure to it is shown by expert testimony to increase the risk of developing a latent disease. 

• Defines “tortious conduct” or “tortious” as negligence, trespass, nuisance, product liability, or common law liability for ultra-hazardous or abnormally dangerous activity (Sec. 1).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that requires corporate compensation for long-term health monitoring.

Highlights:

• Specifies that a person without a present injury or disease will have a cause of action for the remedy of medical monitoring against a person who is the owner or operator of a large facility from which a toxic substance was released if all of the following are demonstrated (Sec. 1):

• The person was exposed to the toxic substance as a result of tortious conduct by the owner or operator, or persons under the control of the owner or operator, who released the toxic substance; 

• As a proximate result of the tortious exposure, the person has a greater risk of contracting a latent disease; 

• Diagnostic testing is reasonably necessary; and

• Medical tests or procedures exist to detect the latent disease. 

• Specifies that diagnostic testing is reasonably necessary if, shown by witness testimony, a physician would prescribe testing because the person’s increased risk of contracting the disease due to the exposure makes it reasonably necessary to undergo diagnostic testing different from what would normally be prescribed in the absence of the exposure (Sec. 1).

• Defines “medical monitoring” as a program of medical tests or procedures for the purpose of early detection of signs or symptoms of a latent disease resulting from exposure (Sec. 1).

• Defines “toxic substance” as any substance, mixture, or compound that may cause personal injury or disease to humans through ingestion, inhalation, or absorption through any body surface, and that satisfies one or more of the following (Sec. 1):

• It is listed on the US Environmental Protection Agency Consolidated List of Chemicals Subject to the Emergency Planning and Community Right-to-Know Act, Comprehensive Environmental Response, Compensation and Liability Act, and Section 112(r) of the Clean Air Act;

• It is defined as a “hazardous material;”

• Testing has produced evidence that the substance poses acute or chronic health hazards; 

• The Department of Health has issued a public health advisory for the substance; 

• The Secretary of Natural Resources has designated it as a hazardous waste; or

• Exposure to it is shown by expert testimony to increase the risk of developing a latent disease. 

• Defines “tortious conduct” or “tortious” as negligence, trespass, nuisance, product liability, or common law liability for ultra-hazardous or abnormally dangerous activity (Sec. 1).

Full Bill Text

Full Bill Text