Title 18, Title 18: Health

§ 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 patie…

§ 7615. Hearing on application for involuntary treatment (a)(1) Upon receipt of the application, the court shall set a date for the hearing to be held within 10 days from the date of the receipt of the application or 20 days from the date of the receipt of the application if a ps…

§ 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…

§ 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 s…

§ 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 …

§ 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 …

§ 7619. Order; hospitalization An initial order of hospitalization shall be for a period of 90 days from the date of the hearing. (Added 1977, No. 252 (Adj. Sess.), § 26.)

§ 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 sha…

§ 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 p…

§ 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)…

§ 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.)

§ 7624. Application for involuntary medication (a) The Commissioner may commence an action for the involuntary medication of a person who is refusing to accept psychiatric medication and meets any one of the following conditions: (1) has been placed in the Commissioner’s care and…

§ 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…

§ 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 …

§ 7627. Court findings; orders (a) The court shall issue an order regarding all possible findings pursuant to this section, and for persons subject to an application pursuant to subdivision 7624(a)(3) of this title, the court shall first find that the person is a person in need o…

§ 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 or secure residential reco…

§ 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 m…