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2023 Vermont Statutes › Title 18 - Health › Chapter 181 - Judicial Proceedings › § 7617. Findings; order

§ 7617. Findings; order
(a) If the court finds that the proposed patient was not a person in need of treatment at the time of admission or application or is not a patient in need of further treatment at the time of the hearing, the court shall enter a finding to that effect and shall dismiss the application.
(b) If the proposed patient is found to have been a person in need of treatment at the time of admission or application and a patient in need of further treatment at the time of the hearing, the court may order the person:
(1) hospitalized in a designated hospital;
(2) hospitalized in any other public or private hospital if he or she and the hospital agree; or
(3) to undergo a program of treatment other than hospitalization.
(c) Prior to ordering any course of treatment, the court shall determine whether there exists an available program of treatment for the person that is an appropriate alternative to hospitalization. The court shall not order hospitalization without a thorough consideration of available alternatives.
(d) Before making its decision, the court shall order testimony by an appropriate representative of a hospital, a community mental health agency, public or private entity or agency, or a suitable person, who shall assess the availability and appropriateness for the individual of treatment programs other than hospitalization.
(e) Prior to ordering the hospitalization of a person, the court shall inquire into the adequacy of treatment to be provided to the person by the hospital. Hospitalization shall not be ordered unless the hospital in which the person is to be hospitalized can provide him or her with treatment that is adequate and appropriate to his or her condition.
(f) Preference between available hospitals shall be given to the hospital that is located nearest to the person’s residence, except when the person requests otherwise or there are other compelling reasons for not following the preference. (Added 1977, No. 252 (Adj. Sess.), § 24.)
2023 Vermont Statutes › Title 18 - Health › Chapter 181 - Judicial Proceedings › § 7617a. Reporting; National Instant Criminal Background Check System

§ 7617a. Reporting; National Instant Criminal Background Check System
(a) If the court issues a hospitalization order pursuant to subdivision 7617(b)(1) or (2) of this title or a nonhospitalization order pursuant to subdivision 7617(b)(3), the Court Administrator shall within 48 hours report the name of the person subject to the order to the National Instant Criminal Background Check System, established by Section 103 of the Brady Handgun Violence Prevention Act of 1993. The report shall include only information sufficient to identify the person, the reason for the report, and a statement that the report is made in accordance with 18 U.S.C. § 922(g)(4).
(b) A report required by this section shall be submitted notwithstanding section 7103 of this title or any other provision of law.
(c) A report required by this section is confidential and exempt from public inspection and copying under the Public Records Act except as provided in subsection (d) of this section. The report shall not be used for any purpose other than for submission to the National Instant Criminal Background Check System pursuant to this section, where it may be used for any purpose permitted by federal law, including in connection with the issuance of a firearm-related permit or license.
(d) A copy of the report required by this section shall be provided to the person who is the subject of the report. The report shall include written notice to the person who is the subject of the report that the person is not permitted to possess a firearm. (Added 2015, No. 14, § 6, eff. Oct. 1, 2015.)
2023 Vermont Statutes › Title 18 - Health › Chapter 181 - Judicial Proceedings › § 7618. Order; nonhospitalization

§ 7618. Order; nonhospitalization
(a) If the court finds that a treatment program other than hospitalization is adequate to meet the person’s treatment needs, the court shall order the person to receive whatever treatment other than hospitalization is appropriate for a period of 90 days.
(b) If at any time during the specified period it comes to the attention of the court either that the patient 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 alternatives, modify its original order, and direct the patient to undergo another program of alternative treatment for the remainder of the 90-day period; or
(2) enter a new order directing that the patient be hospitalized for the remainder of the 90-day period. (Added 1977, No. 252 (Adj. Sess.), § 25.)
2023 Vermont Statutes › Title 18 - Health › Chapter 181 - Judicial Proceedings › § 7620. Application for continued treatment

§ 7620. Application for continued treatment
(a) If, prior to the expiration of any order issued in accordance with section 7623 of this title, the Commissioner believes that the condition of the patient is such that the patient continues to require treatment, the Commissioner shall apply to the court for a determination that the patient is a patient in need of further treatment and for an order of continued treatment.
(b) An application for an order authorizing continuing treatment shall contain a statement setting forth the reasons for the Commissioner’s determination that the patient is a patient in need of further treatment, a statement describing the treatment program provided to the patient, and the results of that course of treatment.
(c) Any order of treatment issued in accordance with section 7623 of this title shall remain in force pending the court’s decision on the application.
(d) If the Commissioner seeks to have the patient receive the further treatment in a secure residential recovery facility, the application for an order authorizing continuing treatment shall expressly state that such treatment is being sought. The application shall contain, in addition to the statements required by subsection (b) of this section, a statement setting forth the reasons for the Commissioner’s determination that clinically appropriate treatment for the patient’s condition can be provided safely only in a secure residential recovery facility.
(e) As used in this chapter:
(1) “Secure,” when describing a residential facility, means that the residents can be physically prevented from leaving the facility by means of locking devices or other mechanical or physical mechanisms.
(2) “Secure residential recovery facility” means a residential facility, licensed as a therapeutic community residence as defined in 33 V.S.A. § 7102(11), for an individual who no longer requires acute inpatient care but who does remain in need of treatment within a secure setting for an extended period of time. A secure residential recovery facility shall not be used for any purpose other than the purposes permitted by this section. (Added 1977, No. 252 (Adj. Sess.), § 27; amended 1997, No. 114 (Adj. Sess.), § 2; 2011, No. 160 (Adj. Sess.), § 3, eff. May 17, 2012.)
2023 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.)
2023 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 that 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.)
2023 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.)
2023 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 after 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; 2023, No. 6, § 204, eff. July 1, 2023.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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 the head of the hospital’s designee to be required by the medical needs of the patient or the hospital. Every use of a mechanical restraint and the reasons for the use of the mechanical restraint shall be made a part of the clinical record of the patient under the signature of the head of the hospital or the head of the hospital’s designee. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 2023, No. 6, § 205, eff. July 1, 2023.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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 that 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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 that 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.)
2023 Vermont Statutes › Title 18 - Health › Chapter 189 - Release and Discharge › § 8008. Revocation of conditional discharge

§ 8008. Revocation of conditional discharge
(a) The Board or the head of the hospital may revoke a conditional discharge at any time before that discharge becomes absolute if the patient fails to comply with the conditions of the discharge.
(b) A revocation by the Board or the head of the hospital shall authorize the return of the patient to the hospital and shall be sufficient warrant for a law enforcement officer or mental health professional to take the patient into custody and return him or her to the hospital from which he or she was conditionally discharged.
(c) Immediately upon his or her return to the hospital, the patient shall be examined by a physician who shall orally explain to the patient the purpose of the examination and the reasons why the patient was returned to the hospital.
(d) If the examining physician certifies in writing to the head of the hospital that, in his or her opinion, the patient is a person in need of treatment, setting forth the recent and relevant facts supporting this opinion, the revocation shall become effective and the patient shall be readmitted to the hospital. If the examining physician does not so certify, the revocation shall be cancelled and the patient shall be returned to the place from which he or she was taken.
(e) If the patient is readmitted to the hospital, he or she may apply immediately for a judicial review of his or her admission, and he or she shall be given a written notice of this right and of his or her right to legal counsel. (Added 1977, No. 252 (Adj. Sess.), § 33.)
2023 Vermont Statutes › Title 18 - Health › Chapter 189 - Release and Discharge › § 8009. Administrative discharge

§ 8009. Administrative discharge
(a) The head of the hospital may at any time discharge a voluntary or judicially hospitalized patient whom he or she deems clinically suitable for discharge.
(b) The head of the hospital shall discharge a judicially hospitalized patient when the patient is no longer a patient in need of further treatment. When a judicially hospitalized patient is discharged, the head of the hospital shall notify the applicant, the certifying physician, the Family Division of the Superior Court, and anyone who was notified at the time the patient was hospitalized.
(c) A person responsible for providing treatment other than hospitalization to an individual ordered to undergo a program of alternative treatment, under section 7618 or 7621 of this title, may terminate the alternative treatment to the individual if the provider of this alternative treatment considers the individual clinically suitable for termination of treatment. Upon termination of alternative treatment, the Family Division of the Superior Court shall be so notified by the provider of the alternative treatment. (Added 1977, No. 252 (Adj. Sess.), § 34; amended 2009, No. 154 (Adj. Sess.), § 150c.)
2023 Vermont Statutes › Title 18 - Health › Chapter 191 - Support and Expense › § 8101. Liability

§ 8101. Liability
(a) It shall be the duty of a patient, his or her legal representative, spouse, and, in the case of a patient who is a minor, his or her parents, in that order, to pay or contribute to the payment of the charge for the care and treatment of that patient when hospitalized under this part of this title in such manner and proportion as the Commissioner shall determine to be within their ability to pay.
(b) The Commissioner shall adopt, pursuant to 3 V.S.A. chapter 25, rules that set forth in detail the levels of income, resources, expenses, and family size at which persons are deemed able to pay given amounts for the care and treatment of a patient, and the circumstances, if any, under which the rates of payment so established may be waived or modified. A copy of the payment schedule so adopted shall be made available in the admissions office at the Vermont State Hospital or its successor in interest.
(c) The Commissioner shall, at the time of the hospitalization of a patient, investigate the ability to pay of persons liable under subsection (a) of this section, and may require from the liable persons sworn statements of income, resources, expenses, and family size. The Commissioner shall notify, within 30 days after the date of admission, in writing, each liable person of the amount of the person’s liability and the fact that liability commences on the date of admission. The notice shall include a statement of the right of the liable person to an appeal under section 8111 of this title.
(d) If any of the persons liable for support know of such liability and willfully conceal their ability to pay, they shall be ordered to pay, to the extent of their ability, charges that accrue during the period of concealment.
(e) In his or her investigation, keeping of accounts, and collection of charges, the Commissioner shall have the support and cooperation of the Department for Children and Families insofar as the records of that Department relate to the ability to pay.
(f) Any self pay and third party payments received from or on behalf of any patients or any residents at the Vermont Psychiatric Care Hospital, the Middlesex Therapeutic Community Residence, or their successors in interest shall be paid to the Department of Mental Health for deposit in a special fund to offset the associated expenditures. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1973, No. 244 (Adj. Sess.), § 2; 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 42; 2011, No. 79 (Adj. Sess.), § 27, eff. April 4, 2012; 2015, No. 4, § 88, eff. March 12, 2015; 2015, No. 23, § 116; 2023, No. 6, § 206, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 191 - Support and Expense › § 8102. Charges for care or treatment

§ 8102. Charges for care or treatment
As used in section 8101 of this title, “charge for the care or treatment” of a patient means an amount not exceeding the actual cost of the care and treatment. Actual cost shall mean either the rate provided for by a contract lawfully entered into under this part of this title or, in the absence of a contract, a per diem rate as determined under section 8105 of this title. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1973, No. 244 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 18 - Health › Chapter 191 - Support and Expense › § 8103. Voluntary payments

§ 8103. Voluntary payments
The Commissioner may accept from any interested party any payment for the care and treatment of any patient, even if such payment is not required by an order of the Commissioner under section 8101 of this title, so long as the total payments received under section 8101 and this section do not exceed the actual cost of care and treatment. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
2023 Vermont Statutes › Title 18 - Health › Chapter 191 - Support and Expense › § 8105. Computation of charge for care and treatment

§ 8105. Computation of charge for care and treatment
The charge for the care and treatment of a patient at the Vermont State Hospital or its successor in interest shall be established at least annually by the Commissioner. The charge shall reflect the current cost of the care and treatment, including depreciation and overhead, for the Vermont State Hospital or its successor in interest. Depreciation shall include costs for the use of the plant and permanent improvements, and overhead shall include costs incurred by other departments and agencies for the operation of the hospital. Accounting principles and practices generally accepted for hospitals shall be followed by the Commissioner in establishing the charges. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1971, No. 154 (Adj. Sess.); 1973, No. 244 (Adj. Sess.), § 4; 2011, No. 79 (Adj. Sess.), § 28, eff. April 4, 2012.)
2023 Vermont Statutes › Title 18 - Health › Chapter 191 - Support and Expense › § 8106. Persons in arrears

§ 8106. Persons in arrears
At least every six months, the Commissioner shall ascertain those liable persons whose payments to the State are in arrears, the amount of the arrearage, and the amount of income or resources, excluding an estate of less than $1,500.00, from which any amount owed the State for care and treatment, as determined under section 8101 of this title, can be collected. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1973, No. 244 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 18 - Health › Chapter 191 - Support and Expense › § 8108. Claim allowed against estate

§ 8108. Claim allowed against estate
Claim for the care and treatment of a mentally ill person against his or her estate shall be presented and prosecuted by the Commissioner and shall be allowed by the Commissioner upon the estate and paid by his or her administrator or executor. Such claims shall not exceed the amount that the Commissioner has found to be within the ability and legal obligation of the person to pay and full credit shall be allowed for any amounts paid prior to the death of the person. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1973, No. 244 (Adj. Sess.), § 6.)
2023 Vermont Statutes › Title 18 - Health › Chapter 191 - Support and Expense › § 8110. Prosecution of claims

§ 8110. Prosecution of claims
Claims due and unpaid under this part of this title shall be prosecuted and collected in the name of the State. A State’s Attorney or the Attorney General, when requested by the Commissioner, shall appear for and in behalf of the State in the prosecution of the claims. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
2023 Vermont Statutes › Title 18 - Health › Chapter 191 - Support and Expense › § 8111. Appeals

§ 8111. Appeals
A person aggrieved by an act or decision of the Commissioner relating to the charge for the care and treatment of a patient or to rates of payment established in accordance with section 8101 of this title shall have an immediate right of appeal under the provisions for contested cases in 3 V.S.A. chapter 25. (Added 1973, No. 244 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 18 - Health › Chapter 192 - Preventing Death by Suicide › § 8151. Director of Suicide Prevention; duties

§ 8151. Director of Suicide Prevention; duties
The Department of Mental Health’s Director of Suicide Prevention shall lead the State’s suicide prevention efforts, intervention supports, and postvention efforts and collaborate with communities and providers to reduce the number of suicide deaths and attempts in the State. The Director shall promote and support statewide crisis and suicide prevention recommendations as outlined in the State’s Suicide Platform, including the creation of a strategic plan and suicide prevention education protocol for all schools. The Director shall:
(1) expand partnerships, including with service members, veterans, and their families;
(2) implement innovative data-driven initiatives;
(3) coordinate suicide prevention programs across the State; and
(4) work to secure federal funding. (Added 2023, No. 56, § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 193 - Private Hospitals › § 8201. Commissioner may license private hospital

§ 8201. Commissioner may license private hospital
After due investigation, the Commissioner may license for not less than two nor more than six years any suitable person to keep a private hospital for the mentally ill, which shall be subject to visitations from the Commissioner. A license granted under this section shall exempt the licensee from the licensing requirements of section 1901 et seq. of this title. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 2023, No. 6, § 207, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 193 - Private Hospitals › § 8202. Revocation of license

§ 8202. Revocation of license
The Commissioner may revoke any license when it appears that the holder of the license does not exercise sufficient skill and is not possessed of adequate means and methods for the proper care and treatment of the patients therein. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 2023, No. 6, § 208, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 193 - Private Hospitals › § 8203. Notice of revocation

§ 8203. Notice of revocation
When a license is revoked, the Commissioner shall notify the holder thereof in writing and shall file a copy of the notice in the office of the clerk of the county in which the hospital is located, within five days after the date thereof. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
2023 Vermont Statutes › Title 18 - Health › Chapter 193 - Private Hospitals › § 8204. What deemed private hospital

§ 8204. What deemed private hospital
A person who keeps or domiciles upon premises owned or occupied by him or her two or more mentally ill persons for care and treatment shall be deemed the keeper of a private hospital for the mentally ill. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
2023 Vermont Statutes › Title 18 - Health › Chapter 193 - Private Hospitals › § 8205. Penalty

§ 8205. Penalty
A person who keeps a private hospital for the mentally ill, except as provided in this chapter, shall be fined not more than $500.00. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
2023 Vermont Statutes › Title 18 - Health › Chapter 196 - Outpatient Mental Health Treatment for Minors › § 8350. Consent by minors for mental health treatment

§ 8350. Consent by minors for mental health treatment
A minor may give consent to receive any legally authorized outpatient treatment from a mental health professional, as defined in section 7101 of this title. Consent under this section shall not be subject to disaffirmance due to minority of the person consenting. The consent of a parent or legal guardian shall not be necessary to authorize outpatient treatment. As used in this section, “outpatient treatment” means psychotherapy and other counseling services that are supportive, but not prescription drugs. (Added 2017, No. 35, § 1, eff. Jan. 1, 2018.)
2023 Vermont Statutes › Title 18 - Health › Chapter 196 - Outpatient Mental Health Treatment for Minors › § 8351. Definitions

§ 8351. Definitions
As used in this chapter:
(1) “Conversion therapy” means any practice by a mental health care provider that seeks to change an individual’s sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to change sexual or romantic attractions or feelings toward individuals of the same sex or gender. “Conversion therapy” does not include psychotherapies that:
(A) provide support to an individual undergoing gender transition; or
(B) provide acceptance, support, and understanding of clients or the facilitation of clients’ coping, social support, and identity exploration and development, including sexual-orientation-neutral or gender-identity-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices without seeking to change an individual’s sexual orientation or gender identity.
(2) “Mental health care provider” means a person licensed to practice medicine pursuant to 26 V.S.A. chapter 23, 33, or 81 who specializes in the practice of psychiatry; a psychologist, a psychologist-doctorate, or a psychologist-master as defined in 26 V.S.A. § 3001; a clinical social worker as defined in 26 V.S.A. § 3201; a clinical mental health counselor as defined in 26 V.S.A. § 3261; a licensed marriage and family therapist as defined in 26 V.S.A. § 4031; a psychoanalyst as defined in 26 V.S.A. § 4051; any other allied mental health professional; or a student, intern, or trainee of any such profession. (Added 2015, No. 138 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 18 - Health › Chapter 196 - Outpatient Mental Health Treatment for Minors › § 8353. Unprofessional conduct

§ 8353. Unprofessional conduct
Any conversion therapy used on a client younger than 18 years of age by a mental health care provider shall constitute unprofessional conduct as provided in the relevant provisions of Title 26 and shall subject the mental health care provider to discipline pursuant to the applicable provisions of that title and of 3 V.S.A. chapter 5. (Added 2015, No. 138 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 18 - Health › Chapter 197 - Mentally Ill Users of Alcohol or Drugs › § 8401. Definitions

§ 8401. Definitions
As used in this chapter, “drug addict” means a person who shows signs of mental illness because of his or her use of drugs, hallucinogens, stimulants, or sedatives or who has an uncontrollable desire for their use or consumption. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1977, No. 208 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 18 - Health › Chapter 197 - Mentally Ill Users of Alcohol or Drugs › § 8402. Hospitalization

§ 8402. Hospitalization
Except as otherwise provided in this chapter, a drug addict may be admitted to a designated hospital and provided with care and treatment in the same manner and under the same conditions as a mentally ill person. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1977, No. 208 (Adj. Sess.), § 5.)