reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 18 - Health › Chapter 171 - General Provisions › § 7112. Appeals

§ 7112. Appeals
A patient may appeal any decision of the Board. The appeal shall be to the Family Division of the Superior Court of the county where the hospital is located. The appeal shall be taken in such manner as the Supreme Court may by rule provide, except that there shall not be any stay of execution of the decision appealed from. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1971, No. 185 (Adj. Sess.), § 187, eff. March 29, 1972; 1973, No. 244 (Adj. Sess.), § 1; 1977, No. 252 (Adj. Sess.), § 5; 2009, No. 154 (Adj. Sess.), § 150a; 2023, No. 6, § 194, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 171 - General Provisions › § 7113. Independent examination; payment

§ 7113. Independent examination; payment
Whenever a court orders an independent examination by a mental health professional or a qualified developmental disabilities professional pursuant to this title or 13 V.S.A. § 4822, the cost of the examination shall be paid by the Department of Disabilities, Aging, and Independent Living or of Mental Health. The mental health professional or qualified developmental disabilities professional may be selected by the court but the Commissioner of Disabilities, Aging, and Independent Living or of Mental Health may adopt a reasonable fee schedule for examination, reports, and testimony. (Added 1991, No. 231 (Adj. Sess.), § 8; amended 1995, No. 174 (Adj. Sess.), § 3; 2005, No. 174 (Adj. Sess.), § 37; 2007, No. 15, § 10; 2013, No. 96 (Adj. Sess.), § 100; 2023, No. 6, § 195, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 171 - General Provisions › § 7114. Safety policies for employees delivering direct social or mental health services

§ 7114. Safety policies for employees delivering direct social or mental health services
(a) The Secretary of Human Services, in consultation with each department of the Agency, shall establish and maintain a workplace violence prevention and crisis response policy for the benefit of employees delivering direct social or mental health services pursuant to 33 V.S.A. § 8201.
(b) The Secretary shall ensure that the Agency’s contracts with providers described in 33 V.S.A. § 8201(a)(2) require the providers to establish and maintain a written workplace violence prevention and crisis response policy for the benefit of employees delivering direct social or mental health services pursuant to 33 V.S.A. § 8201. (Added 2015, No. 109 (Adj. Sess.), § 2, eff. Jan. 1, 2017.)
2023 Vermont Statutes › Title 18 - Health › Chapter 173 - The Department of Mental Health › § 7201. Mental health

§ 7201. Mental health
(a) The Department of Mental Health, as the successor to the Division of Mental Health Services of the Department of Health, shall centralize and more efficiently establish the general policy and execute the programs and services of the State concerning mental health, and integrate and coordinate those programs and services with the programs and services of other departments of the State, its political subdivisions, and private agencies, so as to provide a flexible comprehensive service to all citizens of the State in mental health and related problems.
(b) The Department shall ensure equal access to appropriate mental health care in a manner equivalent to other aspects of health care as part of an integrated, holistic system of care. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1989, No. 187 (Adj. Sess.), § 5; 1995, No. 174 (Adj. Sess.), § 3; 2005, No. 174 (Adj. Sess.), § 38; 2007, No. 15, § 11; 2017, No. 200 (Adj. Sess.), § 12.)
2023 Vermont Statutes › Title 18 - Health › Chapter 173 - The Department of Mental Health › § 7202. Coordination

§ 7202. Coordination
The Department of Mental Health shall be responsible for coordinating efforts of all agencies and services, government and private, on a statewide basis in order to promote and improve the mental health of individuals through outreach, education, and other activities. The Department of Disabilities, Aging, and Independent Living shall be responsible for coordinating the efforts of all agencies and services, government and private, on a statewide basis in order to promote and improve the lives of individuals with developmental disabilities. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1987, No. 264 (Adj. Sess.), § 7; 2005, No. 174 (Adj. Sess.), § 38; 2007, No. 15, § 11.)
2023 Vermont Statutes › Title 18 - Health › Chapter 173 - The Department of Mental Health › § 7204. Planning; grants; clinics

§ 7204. Planning; grants; clinics
The Department is the authority in this State for planning a comprehensive mental health program. It may apply for and receive grants from the federal government and other sources for that planning. It shall operate such clinics and other mental health units as it may consider necessary and shall fulfill the State’s responsibilities as to community mental health services, so far as practical. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
2023 Vermont Statutes › Title 18 - Health › Chapter 173 - The Department of Mental Health › § 7205. Supervision of institutions

§ 7205. Supervision of institutions
(a) The Department of Mental Health shall operate the Vermont State Hospital or its successor in interest and shall be responsible for patients receiving involuntary treatment.
(b) The Commissioner of the Department of Mental Health, in consultation with the Secretary, shall appoint a Chief Executive Officer of the Vermont State Hospital or its successor in interest to oversee the operations of the hospital. The Chief Executive Officer position shall be an exempt position. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 2005, No. 174 (Adj. Sess.), § 38; 2007, No. 15, § 11; 2011, No. 63, § E.315.1; 2011, No. 79 (Adj. Sess.), § 20, eff. April 4, 2012.)
2023 Vermont Statutes › Title 18 - Health › Chapter 173 - The Department of Mental Health › § 7206. Recommendations and reports

§ 7206. Recommendations and reports
The Department shall from time to time study comprehensively the mental health problems of the State, develop programs for mental health services, and recommend as to the integration within the Department of any other related agencies and services as it considers proper. It shall also periodically review and evaluate the mental health programs. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 2005, No. 174 (Adj. Sess.), § 38.)
2023 Vermont Statutes › Title 18 - Health › Chapter 173 - The Department of Mental Health › § 7207. Commissioner of Mental Health; appointment; qualifications

§ 7207. Commissioner of Mental Health; appointment; qualifications
The Secretary shall appoint a Commissioner of Mental Health, as provided in 3 V.S.A. § 3051, who shall be a mental health care professional who has had educational and practical experience in the field of mental health. (Added 2007, No. 15, § 13.)
2023 Vermont Statutes › Title 18 - Health › Chapter 173 - The Department of Mental Health › § 7208. Definitions

§ 7208. Definitions
As used in this chapter:
(1) “Adult foster care” shall have the same meaning as in 33 V.S.A. § 502.
(2) “Home care services” shall have the same meaning as in 33 V.S.A. § 502. (Added 2007, No. 37, § 2.)
2023 Vermont Statutes › Title 18 - Health › Chapter 174 - Mental Health System of Care › § 7251. Principles for mental health care reform

§ 7251. Principles for mental health care reform
The General Assembly adopts the following principles as a framework for reforming the mental health care system in Vermont:
(1) The State of Vermont shall meet the needs of individuals with a mental condition or psychiatric disability, including the needs of individuals in the custody of the Commissioner of Corrections, and the State’s mental health system shall reflect excellence, best practices, and the highest standards of care.
(2) Long-term planning shall look beyond the foreseeable future and present needs of the mental health community. Programs shall be designed to be responsive to changes over time in levels and types of needs, service delivery practices, and sources of funding.
(3) Vermont’s mental health system shall provide a coordinated continuum of care by the Departments of Mental Health and of Corrections, designated hospitals, designated agencies, and community and peer partners to ensure that individuals with a mental condition or psychiatric disability receive care in the most integrated and least restrictive settings available. Individuals’ treatment choices shall be honored to the extent possible.
(4) The mental health system shall be integrated into the overall health care system and ensure equal access to appropriate mental health care in a manner equivalent to other aspects of health care as part of an integrated, holistic system of care.
(5) Vermont’s mental health system shall be geographically and financially accessible. Resources shall be distributed based on demographics and geography to increase the likelihood of treatment as close to the patient’s home as possible. All ranges of services shall be available to individuals who need them, regardless of individuals’ ability to pay.
(6) The State’s mental health system shall ensure that the legal rights of individuals with a mental condition or psychiatric disability are protected.
(7) Oversight and accountability shall be built into all aspects of the mental health system.
(8) Vermont’s mental health system shall be adequately funded and financially sustainable to the same degree as other health services.
(9) Individuals with a psychiatric disability or mental condition who are in the custody or temporary custody of the Commissioner of Mental Health and who receive treatment in an acute inpatient hospital unit, an intensive residential recovery facility, or a secure residential recovery facility shall be afforded rights and protections that reflect evidence-based best practices aimed at reducing the use of emergency involuntary procedures. (Added 2011, No. 79 (Adj. Sess.), § 1a, eff. April 4, 2012; amended 2013, No. 96 (Adj. Sess.), § 101; 2015, No. 21, § 2, eff. May 13, 2015; 2017, No. 200 (Adj. Sess.), § 13.)
2023 Vermont Statutes › Title 18 - Health › Chapter 174 - Mental Health System of Care › § 7254. Integration of the treatment for mental health, substance abuse, and physical health

§ 7254. Integration of the treatment for mental health, substance abuse, and physical health
(a) The Director of Health Care Reform and the Commissioners of Mental Health, of Health, and of Vermont Health Access and the Green Mountain Care Board or designees shall ensure that the redesign of the mental health delivery system established in this chapter is an integral component of the health care reform efforts coordinated pursuant to 3 V.S.A. § 3027. Specifically, the Director, Commissioners, and Board shall confer on planning efforts necessary to ensure that the following initiatives are coordinated and advanced:
(1) any health information technology projects;
(2) the integration of health insurance benefits in the Vermont Health Benefit Exchange to the extent feasible under federal law;
(3) the integration of coverage under Green Mountain Care;
(4) the Blueprint for Health;
(5) the reformation of payment systems for health services to the extent allowable under federal law or under federal waivers; and
(6) other initiatives as necessary.
(b) The Department of Financial Regulation shall ensure that private payers are educated about their obligation to reimburse providers for less restrictive and less expensive alternatives to hospitalization. (Added 2011, No. 79 (Adj. Sess.), § 1a, eff. April 4, 2012; amended 2011, No. 78 (Adj. Sess.), § 2, eff. April 2, 2012; 2017, No. 85, § F.8, eff. June 28, 2017.)
2023 Vermont Statutes › Title 18 - Health › Chapter 174 - Mental Health System of Care › § 7255. System of care

§ 7255. System of care
The Commissioner of Mental Health shall coordinate a geographically diverse system and continuum of mental health care throughout the State that shall include at least the following:
(1) comprehensive and coordinated community services, including prevention, to serve children, families, and adults at all stages of mental condition or psychiatric disability;
(2) peer services, which may include:
(A) a warm line;
(B) peer-provided transportation services;
(C) peer-supported crisis services; and
(D) peer-supported hospital diversion services;
(3) alternative treatment options for individuals seeking to avoid or reduce reliance on medications;
(4) recovery-oriented housing programs;
(5) intensive residential recovery facilities;
(6) appropriate and adequate psychiatric inpatient capacity for voluntary patients;
(7) appropriate and adequate psychiatric inpatient capacity for involuntary inpatient treatment services, including persons receiving treatment through court order from a civil or criminal court; and
(8) a secure residential recovery facility. (Added 2011, No. 79 (Adj. Sess.), § 1a, eff. April 4, 2012; amended 2013, No. 96 (Adj. Sess.), § 101.)
2023 Vermont Statutes › Title 18 - Health › Chapter 174 - Mental Health System of Care › § 7256. Reporting requirements

§ 7256. Reporting requirements
Notwithstanding 2 V.S.A. § 20(d), the Department of Mental Health shall report annually on or before January 15 to the Senate Committee on Health and Welfare and the House Committee on Human Services regarding the extent to which individuals with a mental health condition or psychiatric disability receive care in the most integrated and least restrictive setting available. The Department shall consider measures from a variety of sources, including the Joint Commission, the National Quality Forum, the Centers for Medicare and Medicaid Services, the National Institute of Mental Health, and the Substance Abuse and Mental Health Services Administration. The report shall address:
(1) use of services across the continuum of mental health services;
(2) adequacy of the capacity at each level of care across the continuum of mental health services;
(3) individual experience of care and satisfaction;
(4) individual recovery in terms of clinical, social, and legal results;
(5) performance of the State’s mental health system of care as compared to nationally recognized standards of excellence;
(6) ways in which patient autonomy and self-determination are maximized within the context of involuntary treatment and medication;
(7) performance measures that demonstrate results and other data on individuals for whom petitions for involuntary medication are filed; and
(8) progress on alternative treatment options across the system of care for individuals seeking to avoid or reduce reliance on medications, including supported withdrawal from medications. (Added 2011, No. 79 (Adj. Sess.), § 1a, eff. April 4, 2012; amended 2013, No. 96 (Adj. Sess.), § 101; 2013, No. 192 (Adj. Sess.), § 2; 2015, No. 11, § 19.)
2023 Vermont Statutes › Title 18 - Health › Chapter 174 - Mental Health System of Care › § 7257. Reportable adverse events

§ 7257. Reportable adverse events
(a) An acute inpatient hospital, an intensive residential recovery facility, a designated agency, or a secure residential facility shall report to the Department of Mental Health instances of death or serious bodily injury to individuals with a mental condition or psychiatric disability in the custody or temporary custody of the Commissioner.
(b) An acute inpatient hospital shall report to the Department of Mental Health any staff injuries caused by a person in the custody or temporary custody of the Commissioner that are reported to both the Department of Labor and to the hospital’s workers’ compensation carrier. (Added 2011, No. 79 (Adj. Sess.), § 1a, eff. April 4, 2012; amended 2013, No. 96 (Adj. Sess.), § 101; 2013, No. 192 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 18 - Health › Chapter 174 - Mental Health System of Care › § 7258. Review of adverse community events

§ 7258. Review of adverse community events
The Department of Mental Health shall establish a system that ensures the comprehensive review of a death or serious bodily injury occurring outside an acute inpatient hospital when the individual causing or victimized by the death or serious bodily injury is in the custody of the Commissioner or had been in the custody of the Commissioner within six months of the event. The Department shall review each event for the purpose of determining whether the death or serious bodily injury was the result of inappropriate or inadequate services within the mental health system and, if so, how the failure shall be remedied. (Added 2011, No. 79 (Adj. Sess.), § 1a, eff. April 4, 2012.)
2023 Vermont Statutes › Title 18 - Health › Chapter 174 - Mental Health System of Care › § 7259. Mental Health Care Ombudsman

§ 7259. Mental Health Care Ombudsman
(a) The Department of Mental Health shall establish the Office of the Mental Health Care Ombudsman within the agency designated by the Governor as the protection and advocacy system for the State pursuant to 42 U.S.C. § 10801 et seq. The agency may execute the duties of the Office of the Mental Health Care Ombudsman, including authority to assist individuals with mental health conditions and to advocate for policy issues on their behalf; provided, however, that nothing in this section shall be construed to impose any additional duties on the agency in excess of the requirements under federal law.
(b) The agency may provide a report annually to the General Assembly regarding the implementation of this section.
(c) In the event the protection and advocacy system ceases to provide federal funding to the agency for the purposes described in this section, the General Assembly may allocate sufficient funds to maintain the Office of the Mental Health Care Ombudsman.
(d) The Department of Mental Health shall provide a copy of the certificate of need for all emergency involuntary procedures performed on a person in the custody or temporary custody of the Commissioner to the Office of the Mental Health Care Ombudsman on a monthly basis. (Added 2011, No. 171 (Adj. Sess.), § 11f; amended 2013, No. 192 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 18 - Health › Chapter 175 - The Board of Mental Health › § 7301. Creation

§ 7301. Creation
The State Board of Mental Health is created. It shall consist of seven persons, two of whom are physicians and one an attorney. A member may not be a trustee, officer, or employee of any institution for mental patients. Biennially, the Governor shall appoint, with the advice and consent of the Senate, two or three members for terms of six years in such manner that three terms expire in each third biennial year and two in other biennial years. The Board, with the advice of the Commissioner, shall make Department policy. Biennially or when a vacancy occurs, the Board shall elect a Chair and a Secretary. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
2023 Vermont Statutes › Title 18 - Health › Chapter 175 - The Board of Mental Health › § 7302. Subcommittee on institutions

§ 7302. Subcommittee on institutions
The Board may delegate to a subcommittee on institutions, composed of two doctors and a lawyer, its functions under sections 7305, 7306, and 7308-7313 of this title, and the action of a majority of the subcommittee shall be that of the Board. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
2023 Vermont Statutes › Title 18 - Health › Chapter 175 - The Board of Mental Health › § 7304. Persons not hospitalized

§ 7304. Persons not hospitalized
The Board shall have general jurisdiction of persons with an intellectual disability or mental illness who have been discharged from a hospital by authority of the Board. It shall also have jurisdiction of persons with a mental illness or intellectual disability of the State not hospitalized, so far as concerns their physical and mental condition and their care, management, and medical treatment, and shall make such orders as each case duly brought to its attention requires. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1977, No. 257 (Adj. Sess.), § 4; 2013, No. 96 (Adj. Sess.), § 102; 2017, No. 113 (Adj. Sess.), § 100; 2023, No. 6, § 198, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 175 - The Board of Mental Health › § 7305. Powers of Board

§ 7305. Powers of Board
The Board may administer oaths, summon witnesses before it in a case under investigation, and discharge by its order, in writing, any person confined as a patient in a hospital whom it finds on investigation to be wrongfully hospitalized or in a condition to warrant discharge. The Board shall discharge patients, not criminals, who have eloped from a hospital and have not been apprehended at the expiration of six months from the time of their elopement. The Board shall not order the discharge of a patient without giving the superintendent of the hospital an opportunity to be heard. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
2023 Vermont Statutes › Title 18 - Health › Chapter 175 - The Board of Mental Health › § 7309. Referrals from Governor

§ 7309. Referrals from Governor
The Governor may refer the case of a patient in a hospital to the Board for its investigation. The Board shall investigate the case and by its order grant such relief as each case requires. If the Board is without power to grant the necessary relief it shall cause proceedings to be commenced in a court of competent jurisdiction at the expense of the State, in order to obtain the necessary relief and promote the ends of justice and humanity. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
2023 Vermont Statutes › Title 18 - Health › Chapter 175 - The Board of Mental Health › § 7310. Petition for inquiry

§ 7310. Petition for inquiry
The attorney or guardian of a patient or any other interested party may apply to the Board to inquire into the treatment and hospitalization of a patient, and the Board shall take appropriate action upon the application. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
2023 Vermont Statutes › Title 18 - Health › Chapter 175 - The Board of Mental Health › § 7311. Investigation

§ 7311. Investigation
If, in the judgment of the Board, an investigation is necessary, it shall appoint a time and place for hearing and give the patient’s attorney, guardian, spouse, parent, adult child, or interested party, if any, in that order, and the head of the hospital reasonable notice thereof. At the time appointed, it shall conduct a hearing and make any lawful order the case requires. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 2017, No. 113 (Adj. Sess.), § 101.)
2023 Vermont Statutes › Title 18 - Health › Chapter 175 - The Board of Mental Health › § 7312. Penalty; failure to obey summons

§ 7312. Penalty; failure to obey summons
A person legally summoned as a witness before the Board on behalf of the State, or summoned by other parties with a tender of his or her fees, which shall be the same as those allowed witnesses in a Criminal Division of the Superior Court, who willfully and wrongfully refuses to attend or testify shall be imprisoned not more than six months or fined not more than $100.00 nor less than $10.00, or both. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 2009, No. 154 (Adj. Sess.), § 238.)
2023 Vermont Statutes › Title 18 - Health › Chapter 175 - The Board of Mental Health › § 7313. Board shall visit institution

§ 7313. Board shall visit institution
The Board shall ascertain by examination and inquiry whether the laws relating to individuals in custody or control are properly observed and may use all necessary means to collect all desired information. It shall carefully inspect every part of the hospital or training school visited with reference to its cleanliness and sanitary condition, determine the number of patients or students in seclusion or restraint, the diet of the patients or students, and any other matters that it considers material. It shall offer to every patient or student an opportunity for an interview with its visiting members or agents, and shall investigate those cases that in its judgment require special investigation and particularly shall ascertain whether any individuals are retained at any hospital or training school who ought to be discharged. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
2023 Vermont Statutes › Title 18 - Health › Chapter 175 - The Board of Mental Health › § 7314. Reciprocal agreements

§ 7314. Reciprocal agreements
The Board may enter into reciprocal agreements with corresponding state agencies of other states regarding the interstate transportation or transfer of persons with a psychiatric or intellectual disability and arrange with the proper officials in this State for the acceptance, transfer, and support of residents of this State who are temporarily detained or receiving care in public institutions of other states in accordance with the terms of such agreements. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1977, No. 257 (Adj. Sess.), § 4; 2013, No. 96 (Adj. Sess.), § 103.)
2023 Vermont Statutes › Title 18 - Health › Chapter 175 - The Board of Mental Health › § 7315. Definition

§ 7315. Definition
As used in this chapter, the term “hospital” shall include a secure residential recovery facility as defined in subsection 7620(e) of this title. (Added 2011, No. 160 (Adj. Sess.), § 1, eff. May 17, 2012.)
2023 Vermont Statutes › Title 18 - Health › Chapter 177 - The Commissioner of Mental Health › § 7402. Records and reports

§ 7402. Records and reports
The Commissioner shall keep records of all commitments and admissions to a hospital and shall secure compliance with the laws relating thereto. The Commissioner shall report biennially to the Governor and the General Assembly on the condition of hospitals, on the physical and medical treatment of patients in hospitals, on the need for community services to former patients and persons with a mental condition or psychiatric disability not hospitalized, and on any other matters the Commissioner deems advisable. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1977, No. 257 (Adj. Sess.), § 2; 2005, No. 174 (Adj. Sess.), § 39; 2013, No. 92 (Adj. Sess.), § 302; 2013, No. 96 (Adj. Sess.), § 104; 2023, No. 6, § 200, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 177 - The Commissioner of Mental Health › § 7404. Accounts of receipts and expenditures

§ 7404. Accounts of receipts and expenditures
The Commissioner shall cause to be kept a true and just account of all receipts and expenditures. His or her report shall contain the account together with a tabulated statement of the work done by the State hospital during the preceding two years. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
2023 Vermont Statutes › Title 18 - Health › Chapter 177 - The Commissioner of Mental Health › § 7405. Property in trust

§ 7405. Property in trust
The Commissioner may take and hold in trust for the State any grant or devise of land or donation or bequest of money, or other personal property, to be applied to the maintenance of persons who are mentally ill. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1977, No. 257 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 39.)
2023 Vermont Statutes › Title 18 - Health › Chapter 177 - The Commissioner of Mental Health › § 7406. Contracts

§ 7406. Contracts
The Commissioner, with the approval of the Governor, may enter into contracts with the federal government or its agencies for the care, treatment, or observation of those mentally ill entitled to support by the federal government or agency as the Commissioner may deem desirable. The receipts from those contracts shall be paid by the Superintendent to the State Treasurer to be applied to the General Fund. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1977, No. 257 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 39.)
2023 Vermont Statutes › Title 18 - Health › Chapter 177 - The Commissioner of Mental Health › § 7407. Mental health advisor

§ 7407. Mental health advisor
The Commissioner, upon the request of the Commissioner of Motor Vehicles, shall designate an appropriate professional member of the Department to serve as advisor to the Commissioner of Motor Vehicles on the mental health aspects of the licensing of motor vehicle operators. (Added 1971, No. 147 (Adj. Sess.), eff. Feb. 14, 1972.)
2023 Vermont Statutes › Title 18 - Health › Chapter 177 - The Commissioner of Mental Health › § 7408. Electroconvulsive therapy

§ 7408. Electroconvulsive therapy
The Commissioner shall oversee the use of electroconvulsive therapy in Vermont and may adopt rules to govern the practice of electroconvulsive therapy. The Commissioner’s duties shall include:
(1) establishment of a uniform informed consent process, forms, and materials;
(2) oversight and monitoring of all facilities administering electroconvulsive therapy; and
(3) the collection of statistical data on the use of electroconvulsive therapy from all treating facilities. (Added 1999, No. 92 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 18 - Health › Chapter 179 - Admission Procedures › § 7501. Authority to receive patients

§ 7501. Authority to receive patients
The head of a hospital that has been officially designated by the Commissioner may receive therein for observation, diagnosis, care, and treatment any individual whose admission is sought on proper application. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
2023 Vermont Statutes › Title 18 - Health › Chapter 179 - Admission Procedures › § 7502. Control and treatment of patients

§ 7502. Control and treatment of patients
A person admitted to a hospital shall be subject to the control and treatment of the head of the hospital and the Board until his or her condition warrants his or her release, or until he or she has been lawfully removed or otherwise discharged. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
2023 Vermont Statutes › Title 18 - Health › Chapter 179 - Admission Procedures › § 7503. Application for voluntary admission

§ 7503. Application for voluntary admission
(a) Any person 14 years of age or over may apply for voluntary admission to a designated hospital for examination and treatment.
(b) Before the person may be admitted as a voluntary patient, the person shall give consent in writing on a form adopted by the Department. The consent shall include a representation that:
(1) the person understands that treatment will involve inpatient status;
(2) the person desires to be admitted to the hospital;
(3) the person consents to admission voluntarily, without any coercion or duress; and
(4) the person understands that inpatient treatment may be on a locked unit, and a requested discharge may be deferred if the treating physician determines that the person is a person in need of treatment pursuant to section 7101 of this title.
(c) If the person is under 14 years of age, he or she may be admitted as a voluntary patient if he or she consents to admission, as provided in subsection (b) of this section, and if a parent or guardian makes written application. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1977, No. 252 (Adj. Sess.), § 6; 2021, No. 30, § 1.)
2023 Vermont Statutes › Title 18 - Health › Chapter 179 - Admission Procedures › § 7504. Application and certificate for emergency examination

§ 7504. Application and certificate for emergency examination
(a) Upon written application by an interested party made under the pains and penalties of perjury and accompanied by a certificate by a licensed physician who is not the applicant, a person shall be held for admission to a hospital for an emergency examination to determine if he or she is a person in need of treatment. The application and certificate shall set forth the facts and circumstances that constitute the need for an emergency examination and that show that the person is a person in need of treatment.
(b) The application and certificate shall be authority for transporting the person to a hospital for an emergency examination, as provided in section 7511 of this title.
(c) For the purposes of admission of an individual to a designated hospital for care and treatment under this section, a head of a hospital, as provided in subsection (a) of this section, may include a person designated in writing by the head of the hospital to discharge the authority granted in this section. A designated person must be an official hospital administrator, supervisory personnel, or a licensed physician on duty on the hospital premises other than the certifying physician under subsection (a) of this section. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1969, No. 33, § 2, eff. April 1, 1969; 1973, No. 107, § 4; 1977, No. 252 (Adj. Sess.), § 7; 2003, No. 122 (Adj. Sess.), § 141f; 2013, No. 192 (Adj. Sess.), § 5, eff. Nov. 1, 2014.)
2023 Vermont Statutes › Title 18 - Health › Chapter 179 - Admission Procedures › § 7508. Emergency examination and second certification

§ 7508. Emergency examination and second certification
(a) When an initial certification is issued for an emergency examination of a person in accordance with section 7504 or subsection 7505(e) of this title, he or she shall be examined and certified by a psychiatrist as soon as practicable, but not later than 24 hours after initial certification.
(b) If the person is held for admission on an application and physician’s certificate, the examining psychiatrist shall not be the same physician who signed the certificate.
(c) If the psychiatrist does not issue a second certification stating that the person is a person in need of treatment, he or she shall immediately discharge or release the person and cause him or her to be returned to the place from which he or she was taken or to such place as the person reasonably directs.
(d) If the psychiatrist does issue a second certification that the person is a person in need of treatment, the person may continue to be held for an additional 72 hours, at which time the person shall be discharged or released, unless within that period:
(1) the person has accepted voluntary admission under section 7503 of this title; or
(2) an application for involuntary treatment is filed with the appropriate court under section 7612 of this title, in which case the patient shall continue to be held pending the court’s finding of probable cause on the application.
(e)(1)(A) A person shall be deemed to be in the temporary custody of the Commissioner when the first of the following occurs:
(i) a physician files an initial certification for the person while the person is in a hospital; or
(ii) a person is certified by a psychiatrist to be a person in need of treatment during an emergency examination.
(B) Temporary custody under this subsection shall continue until the court issues an order pursuant to subsection 7617(b) of this title or the person is discharged or released.
(2) The Commissioner shall make every effort to ensure that a person held for an emergency examination pending a hospital admission is receiving temporary care and treatment that:
(A) uses the least restrictive manner necessary to protect the safety of both the person and the public;
(B) respects the privacy of the person and other patients; and
(C) prevents physical and psychological trauma.
(3) All persons admitted or held for admission shall receive a notice of rights as provided for in section 7701 of this title, which shall include contact information for Vermont Legal Aid, the Office of the Mental Health Care Ombudsman, and the mental health patient representative. The Department of Mental Health shall develop and regularly update informational material on available peer-run support services, which shall be provided to all persons admitted or held for admission.
(4) A person held for an emergency examination may be admitted to an appropriate hospital at any time. (Added 1977, No. 252 (Adj. Sess.), § 15; amended 2013, No. 192 (Adj. Sess.), § 7, eff. Nov. 1, 2014.)
2023 Vermont Statutes › Title 18 - Health › Chapter 179 - Admission Procedures › § 7509. Treatment; right of access

§ 7509. Treatment; right of access
(a) Upon admission to the hospital pursuant to section 7503, 7508, 7617, or 7624 of this title, the person shall be treated with dignity and respect and shall be given such medical and psychiatric treatment as is indicated.
(b) All persons admitted or held for admission shall be given the opportunity, subject to reasonable limitations, to communicate with others, including visits by a peer or other support person designated by the person, presence of the support person at all treatment team meetings the person is entitled to attend, the reasonable use of a telephone, and the reasonable use of electronic mail and the Internet.
(c) The person shall be requested to furnish the names of persons he or she may want notified of his or her hospitalization and kept informed of his or her status. The head of the hospital shall see that such persons are notified of the status of the patient, how he or she may be contacted and visited, and how they may obtain information concerning him or her. (Added 1977, No. 252 (Adj. Sess.), § 16; amended 1997, No. 114 (Adj. Sess.), § 1a; 2013, No. 192 (Adj. Sess.), § 8.)
2023 Vermont Statutes › Title 18 - Health › Chapter 179 - Admission Procedures › § 7510. Preliminary hearing

§ 7510. Preliminary hearing
(a) Within five days after a person is admitted to a designated hospital for emergency examination, he or she may request the Superior Court to conduct a preliminary hearing to determine whether there is probable cause to believe that he or she was a person in need of treatment at the time of his or her admission.
(b) The court shall conduct the hearing within three working days after the filing of the request. The court shall cause timely notice of the preliminary hearing to be given to the patient or the patient’s attorney, the hospital, and the attorney for the applicant.
(c) The individual has the right to be present and represented by legal counsel at the preliminary hearing.
(d) If probable cause to believe that the individual was a person in need of treatment at the time of his or her admission is established at the preliminary hearing, the individual shall be ordered held for further proceedings in accordance with the law. If probable cause is not established, the individual shall be ordered discharged from the hospital and the court shall order him or her returned to the place from which he or she was transported or to his or her home.
(e) Upon a showing of need, the court may grant a reasonable continuance to either the patient’s attorney or the attorney for the State. (Added 1977, No. 252 (Adj. Sess.), § 17; amended 2009, No. 154 (Adj. Sess.), § 238; 2019, No. 167 (Adj. Sess.), § 20, eff. Oct. 7, 2020; 2023, No. 6, § 201, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 179 - Admission Procedures › § 7511. Transportation

§ 7511. Transportation
(a) The Commissioner shall ensure that all reasonable and appropriate measures consistent with public safety are made to transport or escort a person subject to this chapter to and from any inpatient setting under the jurisdiction of the Commissioner in any manner that:
(1) prevents physical and psychological trauma;
(2) respects the privacy of the individual; and
(3) represents the least restrictive means necessary for the safety of the patient.
(b) The Commissioner shall have the authority to designate the professionals or law enforcement officers who may authorize the method of transport of patients under the Commissioner’s care and custody.
(c) When a professional or law enforcement officer designated pursuant to subsection (b) of this section decides an individual is in need of secure transport with mechanical restraints, the reasons for such determination shall be documented in writing.
(d) It is the policy of the State of Vermont that mechanical restraints are not routinely used on persons subject to this chapter unless circumstances dictate that such methods are necessary. A law enforcement vehicle shall have soft restraints available for use as a first option, and mechanical restraints shall not be used as a substitute for soft restraints if the soft restraints are otherwise deemed adequate for safety. (Added 2003, No. 122 (Adj. Sess.), § 141e; amended 2005, No. 180 (Adj. Sess.), § 2; 2007, No. 15, § 14; 2011, No. 79 (Adj. Sess.), § 24, eff. April 4, 2012; 2023, No. 25, § 2, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 181 - Judicial Proceedings › § 7611. Involuntary treatment

§ 7611. Involuntary treatment
No person may be made subject to involuntary treatment unless he or she is found to be a person in need of treatment or a patient in need of further treatment. (Added 1977, No. 252 (Adj. Sess.), § 18.)
2023 Vermont Statutes › Title 18 - Health › Chapter 181 - Judicial Proceedings › § 7612. Application for involuntary treatment

§ 7612. Application for involuntary treatment
(a) An interested party may, by filing a written application, commence proceedings for the involuntary treatment of an individual by judicial process.
(b) The application shall be filed in the Family Division of the Superior Court.
(c) If the application is filed under section 7508 or 7620 of this title, it shall be filed in the unit of the Family Division of the Superior Court in which the hospital is located. In all other cases, it shall be filed in the unit in which the proposed patient resides. In the case of a nonresident, it may be filed in any unit. The court may change the venue of the proceeding to the unit in which the proposed patient is located at the time of the trial.
(d) The application shall contain:
(1) The name and address of the applicant.
(2) A statement of the current and relevant facts upon which the allegation of mental illness and need for treatment is based. The application shall be signed by the applicant under penalty of perjury.
(e) The application shall be accompanied by:
(1) a certificate of a licensed physician, which shall be executed under penalty of perjury stating that the physician has examined the proposed patient within five days after the date the petition is filed and is of the opinion that the proposed patient is a person in need of treatment, including the current and relevant facts and circumstances upon which the physician’s opinion is based; or
(2) a written statement by the applicant that the proposed patient refused to submit to an examination by a licensed physician.
(f) Before an examining physician completes the certificate of examination, he or she shall consider available alternative forms of care and treatment that might be adequate to provide for the person’s needs without requiring hospitalization. The examining physician shall document on the certificate the specific alternative forms of care and treatment that he or she considered and why those alternatives were deemed inappropriate, including information on the availability of any appropriate alternatives. (Added 1977, No. 252 (Adj. Sess.), § 19; amended 2009, No. 154 (Adj. Sess.), § 238; 2013, No. 192 (Adj. Sess.), § 9; 2023, No. 6, § 202, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 181 - Judicial Proceedings › § 7612a. Probable cause review

§ 7612a. Probable cause review
(a) Within three days after an application for involuntary treatment is filed, the Family Division of the Superior Court shall conduct a review to determine whether there is probable cause to believe that the person was a person in need of treatment at the time of his or her admission. The review shall be based solely on the application for an emergency examination and accompanying certificate by a licensed physician and the application for involuntary treatment.
(b) If, based on a review conducted pursuant to subsection (a) of this section, the court finds probable cause to believe that the person was a person in need of treatment at the time of his or her admission, the person shall be ordered held in the temporary custody of the Commissioner for further proceedings in accordance with Part 8 of this title. If probable cause is not established, the person shall be ordered discharged or released from the hospital and returned to the place from which he or she was transported or to such place as the person may reasonably direct.
(c) An application for involuntary treatment shall not be dismissed solely because the probable cause review is not completed within the time period required by this section if there is good cause for the delay. (Added 2013, No. 192 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 18 - Health › Chapter 181 - Judicial Proceedings › § 7613. Notice—appointment of counsel

§ 7613. Notice—appointment of counsel
(a) When the application is filed, the court shall appoint counsel for the proposed patient and transmit a copy of the application, the physician’s certificate, if any, and a notice of hearing to the proposed patient; his or her attorney, guardian, or any person having custody and control of the proposed patient; the State’s Attorney; or the Attorney General, and any other person the court believes has a concern for the proposed patient’s welfare. A copy of the notice of hearing shall also be transmitted to the applicant and certifying physician.
(b) The notice of hearing shall set forth the date and time of the hearing and shall contain a list of the proposed patient’s rights at the hearing.
(c) If the court has reason to believe that notice to the proposed patient will be likely to cause injury to the proposed patient or others, it shall direct the proposed patient’s counsel to give the proposed patient oral notice prior to written notice under circumstances most likely to reduce likelihood of injury. (Added 1977, No. 252 (Adj. Sess.), § 20.)
2023 Vermont Statutes › Title 18 - Health › Chapter 181 - Judicial Proceedings › § 7614. Psychiatric examination

§ 7614. Psychiatric examination
As soon as practicable after notice of the commencement of proceedings is given, the court on its own motion or upon the motion of the proposed patient or his or her attorney or the State of Vermont shall authorize examination of the proposed patient by a psychiatrist other than the physician making the original certification. The examination and subsequent report or reports shall be paid for by the State of Vermont. The physician shall report his or her finding to the party requesting the report or to the court if it requested the examination. (Added 1977, No. 252 (Adj. Sess.), § 21.)
2023 Vermont Statutes › Title 18 - Health › Chapter 181 - Judicial Proceedings › § 7616. Appearance by State; burden of proof

§ 7616. Appearance by State; burden of proof
(a) The State shall appear and be represented by the State’s Attorney for the county in which the hearing takes place or by the Attorney General at his or her discretion.
(b) The State shall have the burden of proving its case by clear and convincing evidence.
(c) The Attorney for the State shall have the authority to dismiss the application at any stage of the proceeding. (Added 1977, No. 252 (Adj. Sess.), § 23.)