Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 150 - DEPARTMENT OF DEVELOPMENTAL AND MENTAL HEALTH SERVICES › Chapter 011 - RULES FOR THE ADMINISTRATION OF NONEMERGENCY INVOLUNTARY PSYCHIATRIC MEDICATIONS › Section 13 150 011 - RULES FOR THE ADMINISTRATION OF NONEMERGENCY INVOLUNTARY PSYCHIATRIC MEDICATIONS

Current through June, 2024
Section 1 POLICY STATEMENT
The Department of Developmental and Mental Health Services is
				  committed to providing voluntary mental health care in a service system that
				  respects consumers' health, safety, and dignity. The Department recognizes the
				  right of a legally competent person to make decisions regarding medication. At
				  the same time the Department acknowledges that involuntary care is currently
				  unavoidable in certain circumstances as set forth in the Mental Health Act. The
				  Department continues to work toward the development of a service system in
				  which coercion and involuntary care will no longer be necessary. Until that
				  ideal is achieved, the Department will strive to provide involuntary care found
				  to be necessary in a manner that affords as much protection as possible for the
				  respect, dignity and rights of the individual.
Section 2 AUTHORITY
These rules are authorized by
				  18 V.S.A. §
											7628.
Section 3 AVAILABILITY
A copy of these rules shall be made available to any person
				  who requests a copy.
Section
				4 DEFINITIONS
4.1
The
				Commissioner:
The Commissioner of the Department of Developmental and
				Mental Health Services or a designee as authorized by
				18 V.S.A. §
											7401(13).
4.2
Competence: A
person is
				competent if a person is able to make a decision regarding medication and to
				appreciate the consequences.
4.3
Court Order:
An order from the family court authorizing the
				Department of Developmental and Mental Health Services to administer
				involuntary medication to the person named in the order.
4.4
The Department:
The
				Department of Developmental and Mental Health Services.
4.5
Designated Facility:
A
				hospital or medical psychiatric unit in a correctional facility demonstrating
				the ability to meet the requirements of this protocol, including the requisite
				trained staff, medical personnel and physical space and as designated by the
				Commissioner to provide care for a patient with mental illness.
4.6
Medical Staff:
A
				physician, nurse, or psychiatric technician.
4.7
Patient:
An individual
				who is the subject of a court order authorizing the Department of Developmental
				and Mental Health Services to administer involuntary medication to that
				individual.
4.8
Treatment
				Team:
The patient's community and treating psychiatrist(s), case
				manager and any other individual the community treatment team deems clinically
				appropriate. If the patient does not have a treatment team in the community,
				the members of the team will be the patient's inpatient treating psychiatrist,
				case manager and any other individual deemed clinically appropriate.
4.9
Impartial Evaluator:
A
				contracted individual not employed by the Department nor under the supervision
				of the Commissioner, who has no prior personal knowledge of the circumstances
				under review.