reglab/housing_qa huggingface dataset:
18 V.S.A. § 7621
2021 Vermont Statutes|Title 18 - Health|Chapter 181 - Judicial Proceedings|§ 7621. Hearing on application for continued treatment; orders

§ 7621. Hearing on application for continued treatment; orders|(a) The hearing on the application for continued treatment shall be held in accordance with the procedures set forth in sections 7613, 7614, 7615, and 7616 of this title.(b) If the court finds that the patient is a patient in need of further treatment and requires hospitalization, it shall order hospitalization for up to one year.(c) If the court finds that the patient is a patient in need of further treatment but does not require hospitalization, it shall order nonhospitalization for up to one year. If the treatment plan proposed by the Commissioner for a patient in need of further treatment includes admission to a secure residential recovery facility, the court may at any time, on its own motion or on motion of an interested party, review the need for treatment at the secure residential recovery facility.(d) If at any time during the period of nonhospitalization ordered under subsection (c) of this section, it comes to the attention of the court that the person is not complying with the order or that the alternative treatment has not been adequate to meet the patient's treatment needs, the court may, after proper hearing:  (1) Consider other treatments not involving hospitalization, modify its original order, and direct the patient to undergo another program of alternative treatment for an indeterminate period, up to the expiration date of the original order; or (2) Order that the patient be hospitalized, up to the expiration date of the original order.   (e) If the court finds that the patient is not a patient in need of further treatment, it shall order the patient discharged.(f) This section shall not be construed to prohibit the court from issuing subsequent orders after a new application is filed pursuant to section 7620 of this title. (Added 1977, No. 252 (Adj. Sess.), § 28; amended 1997, No. 114 (Adj. Sess.), § 3; 2011, No. 160 (Adj. Sess.), § 4, eff. May 17, 2012.)
18 V.S.A. § 7622
2021 Vermont Statutes|Title 18 - Health|Chapter 181 - Judicial Proceedings|§ 7622. Expert testimony

§ 7622. Expert testimony|(a) A mental health professional testifying at hearings conducted under this part may, if appropriately qualified, give opinion testimony and, notwithstanding 12 V.S.A. § 1612, describe any information which he or she acquired in attending the patient.(b) The facts or data in the particular case, upon which an expert bases an opinion or inference, may be those perceived by or made known to him or her at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence. (Added 1977, No. 252 (Adj. Sess.), § 29.)
18 V.S.A. § 7623
2021 Vermont Statutes|Title 18 - Health|Chapter 181 - Judicial Proceedings|§ 7623. Orders; custody

§ 7623. Orders; custody|All court orders of hospitalization, nonhospitalization, and continued treatment shall be directed to the Commissioner and shall admit the patient to his or her care and custody for the period specified. (Added 1977, No. 252 (Adj. Sess.), § 30.)
18 V.S.A. § 7625
2021 Vermont Statutes|Title 18 - Health|Chapter 181 - Judicial Proceedings|§ 7625. Hearing on application for involuntary medication; burden of proof

§ 7625. Hearing on application for involuntary medication; burden of proof|(a) Unless consolidated with an application for involuntary treatment pursuant to subdivision 7624(b)(2) or (b)(4) of this title, a hearing on an application for involuntary medication shall be held within seven days of filing and shall be conducted in accordance with sections 7613, 7614, and 7616 and subsections 7615(b)-(e) of this title.(b) In a hearing conducted pursuant to this section, section 7626, or section 7627 of this title, the Commissioner has the burden of proof by clear and convincing evidence.(c) In determining whether or not the person is competent to make a decision regarding the proposed treatment, the court shall consider whether the person is able to make a decision and appreciate the consequences of that decision. (Added 1997, No. 114 (Adj. Sess.), § 4; amended 2013, No. 192 (Adj. Sess.), §§ 13, 25.)
18 V.S.A. § 7626
2021 Vermont Statutes|Title 18 - Health|Chapter 181 - Judicial Proceedings|§ 7626. Advance directive

§ 7626. Advance directive|(a) If a person who is the subject of an application filed under section 7624 of this title has executed an advance directive in accordance with the provisions of chapter 231 of this title, the court shall suspend the hearing and enter an order pursuant to subsection (b) of this section, if the court determines that:  (1) the person is refusing to accept psychiatric medication; (2) the person is not competent to make a decision regarding the proposed treatment; and (3) the decision regarding the proposed treatment is within the scope of the valid, duly executed advance directive.   (b) An order entered under subsection (a) of this section shall authorize the Commissioner to administer treatment to the person, including involuntary medication in accordance with the direction set forth in the advance directive or provided by the agent or agents acting within the scope of authority granted by the advance directive. If hospitalization is necessary to effectuate the proposed treatment, the court may order the person to be hospitalized.(c) [Repealed.](d)(1) The Commissioner of Mental Health shall develop a protocol for use by designated hospitals for the purpose of educating hospital staff on the use and applicability of advance directives pursuant to chapter 231 of this title and other written or oral expressions of treatment preferences pursuant to subsection 7627(b) of this title.  (2) Prior to a patient's discharge or release, a hospital shall provide information to a patient in the custody or temporary custody of the Commissioner regarding advance directives, including relevant information developed by the Vermont Ethics Network and Office of the Mental Health Care Ombudsman. (Added 1997, No. 114 (Adj. Sess.), § 4; amended 2013, No. 192 (Adj. Sess.), §§ 14, 25.)
18 V.S.A. § 7628
2021 Vermont Statutes|Title 18 - Health|Chapter 181 - Judicial Proceedings|§ 7628. Protocol

§ 7628. Protocol|The Department of Mental Health shall develop and adopt by rule a strict protocol to ensure the health, safety, dignity and respect of patients subject to administration of involuntary psychiatric medications in any designated hospital. This protocol shall be followed by all designated hospitals administering involuntary psychiatric medications. (Added 1997, No. 114 (Adj. Sess.), § 4.)
18 V.S.A. § 7629
2021 Vermont Statutes|Title 18 - Health|Chapter 181 - Judicial Proceedings|§ 7629. Legislative intent

§ 7629. Legislative intent|(a) It is the intention of the General Assembly to recognize the right of a legally competent person to determine whether or not to accept medical treatment absent an emergency or a determination that the person is incompetent and lacks the ability to make a decision and appreciate the consequences.(b) The General Assembly adopts the goal of high-quality, patient-centered health care, which the Institute of Medicine defines as "providing care that is respectful of and responsive to individual patient preferences, needs, and values and ensuring that patient values guide all clinical decisions." A substitute decision-maker is sometimes necessary to make a decision about care when a person is incompetent and lacks the ability to make a decision and appreciate the consequences. Even when a person lacks competence, health care that a person is opposing should be avoided whenever possible because the distress and insult to human dignity that result from compelling a person to participate in medical treatment against his or her will are real, regardless of how poorly the person may understand the decision.(c) It is the policy of the General Assembly to work toward a mental health system that does not require coercion or the use of involuntary medication.(d) This chapter protects the rights and values described in this section through a judicial process to determine competence prior to an order for nonemergency involuntary medication and by limiting the duration of an order for involuntary treatment to no more than one year. The least restrictive order consistent with the person's right to adequate treatment shall be provided in all cases. (Added 1997, No. 114 (Adj. Sess.), § 1; amended 2013, No. 192 (Adj. Sess.), § 16.)
18 V.S.A. § 7701
2021 Vermont Statutes|Title 18 - Health|Chapter 183 - Care and Treatment|§ 7701. Notice of rights

§ 7701. Notice of rights|The head of a hospital shall provide reasonable means and arrangements, including the posting of excerpts from relevant statutes, for informing patients of their right to discharge and other rights and for assisting them in making and presenting requests for discharge or for application to have the patient's status changed from involuntary to voluntary. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 2021, No. 30, § 2.)
18 V.S.A. § 7703
2021 Vermont Statutes|Title 18 - Health|Chapter 183 - Care and Treatment|§ 7703. Treatment

§ 7703. Treatment|(a) Outpatient treatment or partial hospitalization shall be preferred to inpatient treatment. Emergency involuntary treatment shall be undertaken only when clearly necessary. Involuntary treatment shall be utilized only if voluntary treatment is not possible.(b) The Department shall establish minimum standards for adequate treatment as provided in this section, including requirements that, when possible, psychiatric unit staff be used as the primary source to implement emergency involuntary procedures such as seclusion and restraint. The Department shall oversee and collect information and report on data regarding the use of emergency involuntary procedures for patients admitted to a psychiatric unit regardless of whether the patient is under the care and custody of the Commissioner. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1977, No. 252 (Adj. Sess.), § 9; 2011, No. 79 (Adj. Sess.), § 25, eff. April 4, 2012; 2021, No. 30, § 3.)
18 V.S.A. § 7704
2021 Vermont Statutes|Title 18 - Health|Chapter 183 - Care and Treatment|§ 7704. Mechanical restraints

§ 7704. Mechanical restraints|Mechanical restraints shall not be applied to a patient unless it is determined by the head of the hospital or his or her designee to be required by the medical needs of the patient or the hospital. Every use of a mechanical restraint and the reasons therefor shall be made a part of the clinical record of the patient under the signature of the head of the hospital or his or her designee. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
18 V.S.A. § 7705
2021 Vermont Statutes|Title 18 - Health|Chapter 183 - Care and Treatment|§ 7705. Communication and visitation

§ 7705. Communication and visitation|(a) Subject to the general rules and regulations of the hospital and except to the extent that the head of the hospital determines that it is necessary for the medical welfare or needs of the patient or the hospital to impose restrictions, every patient is entitled:  (1) to communicate by sealed mail or otherwise with persons, including official agencies, inside or outside the hospital; (2) to receive visitors and to make and receive telephone calls; and (3) to exercise all civil rights, including the right to dispose of property, execute instruments, make purchases, enter contractual relationships, and vote on his or her own initiative, unless he or she has been adjudicated incompetent and has not been restored to legal capacity.   (b) Notwithstanding any limitations or restrictions authorized by this section on the right of communication, every patient is entitled to communicate by sealed mail with the Board, the Commissioner, his or her attorney, his or her clergyman, and the District judge, if any, who ordered his or her hospitalization. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
18 V.S.A. § 7706
2021 Vermont Statutes|Title 18 - Health|Chapter 183 - Care and Treatment|§ 7706. Legal competence

§ 7706. Legal competence|No determination that a person requires treatment and no order of the court authorizing hospitalization or alternative treatment shall lead to a presumption of legal incompetence for matters other than treatment. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1977, No. 252 (Adj. Sess.), § 10.)
18 V.S.A. § 7707
2021 Vermont Statutes|Title 18 - Health|Chapter 183 - Care and Treatment|§ 7707. Record of restrictions

§ 7707. Record of restrictions|Any limitation imposed by the head of a hospital on the exercise of civil rights by a patient and the reasons for the limitation shall be made a part of the clinical record of the patient. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
18 V.S.A. § 7708
2021 Vermont Statutes|Title 18 - Health|Chapter 183 - Care and Treatment|§ 7708. Surgical operations

§ 7708. Surgical operations|If the superintendent finds that a patient supported by the State requires a surgical operation or that a surgical operation would promote the possibility of his or her discharge from the hospital, the superintendent, with the consent of the patient, his or her attorney, his or her legally appointed guardian, if any, or next of kin, if any be known, may make the necessary arrangements with some surgeon and hospital for the operation. The expense of the operation shall be borne by the State in the same proportion as the patient is supported by the State. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
18 V.S.A. § 7709
2021 Vermont Statutes|Title 18 - Health|Chapter 183 - Care and Treatment|§ 7709. Change from involuntary to voluntary

§ 7709. Change from involuntary to voluntary|At any time, a patient may, with the permission of the head of the hospital, have his or her status changed from involuntary to voluntary upon making application as provided in section 7503 of this title. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1977, No. 252 (Adj. Sess.), § 11.)
18 V.S.A. § 7710
2021 Vermont Statutes|Title 18 - Health|Chapter 183 - Care and Treatment|§ 7710. Visits by clergy or attorney

§ 7710. Visits by clergy or attorney|A patient's clergy or an attorney at law retained by or on behalf of any patient or appointed for him or her by any court shall be admitted to visit at all reasonable times. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
18 V.S.A. § 7801
2021 Vermont Statutes|Title 18 - Health|Chapter 185 - Automatic Review|§ 7801. Application for discharge

§ 7801. Application for discharge|(a) A patient who has been ordered hospitalized may apply for discharge to the Criminal Division of the Superior Court within which the hospital is located. A patient who has been ordered to receive treatment other than hospitalization may apply for discharge to the Criminal Division of the Superior Court which originally entered the order; the court in its discretion may transfer the matter, for the convenience of witnesses or for other reasons, to the Criminal Division of the Superior Court within which the treatment is centered or in which the patient resides. Applications may be made no sooner than 90 days after the issuance of an order of continued treatment or no sooner than six months after the filing of a previous application under this section.(b) The hearing on the application for discharge shall be held in accordance with the procedures set forth in sections 7613, 7614, 7615, and 7616 of this title.(c) If the court finds that the applicant is not a patient in need of further treatment, it shall order the patient discharged.(d) If the court finds that the applicant is a patient in need of further treatment, it shall deny the application and order continued treatment for an indeterminate period in accordance with subsections 7621(b), (c), and (d) of this title. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1977, No. 252 (Adj. Sess.), § 12; 2009, No. 154 (Adj. Sess.), § 238.)
18 V.S.A. § 7802
2021 Vermont Statutes|Title 18 - Health|Chapter 185 - Automatic Review|§ 7802. Administrative review

§ 7802. Administrative review|The head of the hospital and the Board shall cause the condition of every patient to be reviewed as regularly as practicable, but not less often than every six months, and whenever the head of a hospital or the Board certifies that the patient is not a patient in need of further treatment, the patient shall be discharged. If requested by the patient, all hearings by the Board on the issue of granting a discharge shall be on reasonable notice to the patient's attorney, who shall be afforded an opportunity to attend. In the absence of any attorney, the Board shall notify the Criminal Division of the Superior Court and an attorney shall be appointed as provided in section 7111 of this title. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1977, No. 252 (Adj. Sess.), § 13; 2009, No. 154 (Adj. Sess.), § 238.)
18 V.S.A. § 7901
2021 Vermont Statutes|Title 18 - Health|Chapter 187 - Transfer of Patients|§ 7901. Intrastate transfers

§ 7901. Intrastate transfers|The Commissioner may authorize the transfer of patients between the Vermont State Hospital or its successor in interest and designated hospitals if the Commissioner determines that it would be consistent with the medical needs of the patient to do so. Whenever a patient is transferred, written notice shall be given to the patient's legal guardian or agent, if any, and any other person with the consent of the patient. In all such transfers, due consideration shall be given to the relationship of the patient to his or her family, legal guardian, or friends, so as to maintain relationships and encourage visits beneficial to the patient. Due consideration shall also be given to the separation of functions and to the divergent purposes of the Vermont State Hospital or its successor in interest and designated hospitals. No patient may be transferred to a correctional institution without the order of a court of competent jurisdiction. No patient may be transferred to a designated hospital outside the no refusal system unless the head of the hospital or his or her designee first accepts the patient. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1977, No. 145 (Adj. Sess.), § 2; 2005, No. 174 (Adj. Sess.), § 41; 2011, No. 79 (Adj. Sess.), § 26, eff. April 4, 2012.)
18 V.S.A. § 7902
2021 Vermont Statutes|Title 18 - Health|Chapter 187 - Transfer of Patients|§ 7902. Interstate transfers

§ 7902. Interstate transfers|(a) The transfer of nonresident patients to out-of-state facilities shall be governed by the Interstate Compact on Mental Health.(b) The transfer of nonresident patients from an out-of-state institution or hospital to a hospital in Vermont for the purpose of being near relatives or friends shall be in the discretion of the Commissioner, who shall take into consideration the relationship of the patient to his or her family, legal guardian, or friends, in order to maintain those relationships and encourage visits beneficial to the patient. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 2005, No. 174 (Adj. Sess.), § 41.)
18 V.S.A. § 7903
2021 Vermont Statutes|Title 18 - Health|Chapter 187 - Transfer of Patients|§ 7903. Transfers to federal facilities

§ 7903. Transfers to federal facilities|Upon receipt of a certificate from an agency of the United States that accommodations are available for the care of any individual hospitalized under this part of this title, and that the individual is eligible for care or treatment in a hospital or institution of that agency, the Commissioner may cause his or her transfer to that agency for hospitalization. The judge who ordered the individual to be hospitalized, and the attorney, guardian, if any, spouse, and parent or parents, or if none be known, an interested party, in that order, shall be notified immediately of the transfer by the Commissioner. No person may be transferred to an agency of the United States if he or she is confined pursuant to conviction of any felony or misdemeanor, or if he or she has been acquitted of a criminal charge solely on the ground of mental illness, unless prior to transfer the judge who originally ordered hospitalization of such person enters an order for the transfer after appropriate motion and hearing. Any person so transferred shall be deemed to be hospitalized by that agency pursuant to the original order of hospitalization. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 2009, No. 154 (Adj. Sess.), § 150b.)
18 V.S.A. § 8003
2021 Vermont Statutes|Title 18 - Health|Chapter 189 - Release and Discharge|§ 8003. Personal needs of patient

§ 8003. Personal needs of patient|The Commissioner shall make any necessary arrangements to ensure:  (1) that no patient is discharged or granted a conditional release from a hospital without suitable clothing; and (2) that any indigent patient discharged or granted a conditional release is furnished suitable transportation for his or her return home and an amount of money as may be prescribed by the head of the hospital to enable the patient to meet his or her immediate needs. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1977, No. 252 (Adj. Sess.), § 14.)
18 V.S.A. § 8005
2021 Vermont Statutes|Title 18 - Health|Chapter 189 - Release and Discharge|§ 8005. Habeas corpus

§ 8005. Habeas corpus|Any individual hospitalized under this title or his or her attorney or an interested party may apply for a writ of habeas corpus from any court generally empowered to issue the writ in the jurisdiction in which he or she is detained. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
18 V.S.A. § 8006
2021 Vermont Statutes|Title 18 - Health|Chapter 189 - Release and Discharge|§ 8006. Visits

§ 8006. Visits|(a) The head of a hospital may grant a visit permit of not more than 30 days to any patient under his or her charge.(b) The granting and revocation of visits shall be made in accordance with rules and procedures adopted by the head of the hospital. (Added 1977, No. 252 (Adj. Sess.), § 31.)
18 V.S.A. § 8007
2021 Vermont Statutes|Title 18 - Health|Chapter 189 - Release and Discharge|§ 8007. Conditional discharges

§ 8007. Conditional discharges|(a) The Board or the head of a hospital may conditionally discharge from a hospital any patient who may be safely and properly cared for in a place other than the hospital.(b) A conditional discharge may extend for a term of six months, but shall not exceed 60 days unless the head of the hospital determines that a longer period will materially improve the availability of a program of treatment which is an alternative to hospitalization.(c) Unless sooner revoked or renewed, a conditional discharge shall become absolute at the end of its term.(d) A conditional discharge may be granted subject to the patient's agreement to participate in outpatient, after-care, or follow-up treatment programs, and shall be subject to such other conditions and terms as are established by the granting authority.(e) Each patient granted a conditional discharge shall be provided, so far as practicable and appropriate, with continuing treatment on an outpatient or partial hospitalization basis.(f) Each patient granted a conditional discharge shall be given a written statement of the conditions of his or her release, the violation of which can cause revocation.(g) A conditional discharge may be renewed by the granting authority at any time before it becomes absolute if the head of a hospital first determines that such renewal will substantially reduce the risk that the patient will become a person in need of treatment in the near future. (Added 1977, No. 252 (Adj. Sess.), § 32.)