Title 18, Title 18: Health

§ 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…

§ 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. …

§ 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. 3…

§ 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,…

§ 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…

§ 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.)

§ 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 …

§ 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…

§ 8352. Treatment of minors A mental health care provider shall not use conversion therapy with a client younger than 18 years of age. (Added 2015, No. 138 (Adj. Sess.), § 2.)

§ 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 dis…

§ 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. Ses…

§ 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…

§ 8403. Length of treatment No drug addict may be admitted to a hospital for voluntary treatment for a period in excess of six months. If he or she is admitted by order of the Criminal Division of the Superior Court, the order shall specifically provide for a maximum of six month…

§ 8404. Conditional discharge The Board of Mental Health, in its discretion, may grant a conditional discharge to a patient admitted under this chapter after the expiration of one month from the date of admission and may revoke any conditional discharge so granted. A revocation o…

§ 8405. Outside visits In the discretion of the head of a hospital, a patient admitted under this chapter may be permitted to visit a specifically designated place for a period not to exceed five days and return to the same hospital. The visit may be allowed to see a dying relati…

§ 8705. Sterilization; policy (a) It is the policy of the State of Vermont to allow voluntary and involuntary sterilizations of adults with an intellectual disability under circumstances that will ensure that the best interests and rights of such persons are fully protected. In a…

§ 8706. Voluntary sterilization Any person with an intellectual disability over the age of 18, who does not have a guardian with the power to consent to nonemergency surgery, may obtain a voluntary sterilization subject to all of the following preconditions: (1) the person with a…

§ 8707. Competency to consent; procedure (a)(1) If the physician from whom the sterilization has been sought refuses to perform the sterilization because he or she is not satisfied that the person with an intellectual disability has the ability to give the informed consent requir…

§ 8708. Involuntary sterilization (a) Any sterilization sought on behalf of a person with an intellectual disability or requested by any person denied a voluntary sterilization by section 8707 of this title shall be considered an involuntary sterilization. (b) Involuntary sterili…

§ 8709. Petition and notice of hearing (a) Any adult with an intellectual disability, his or her parent; private guardian; near relative, as defined in section 8821 of this title; or physician, may file a petition in the Superior Court alleging that the person has an intellectual…

§ 8710. Appointment of counsel The respondent shall be represented by counsel throughout the proceeding. Upon filing of the petition the court shall notify the respondent that he or she shall be afforded the right to counsel. If the petition states that the respondent is unable t…

§ 8711. Conduct of hearing (a) The respondent, the petitioner, and all other persons to whom notice has been sent may attend the hearing, testify, present evidence, and subpoena, present, and cross-examine witnesses, including those who prepared the comprehensive evaluation. The …

§ 8712. Findings; order (a) The court shall prepare written findings of fact and state separately its conclusions of law in all cases. (b) If upon completion of the hearing and consideration of the record, the court finds that the person with an intellectual disability is compete…

§ 8713. Confidentiality of proceedings All proceedings under this chapter shall be closed to the public, and the records shall be sealed unless requested to be opened by the respondent. (Added 1981, No. 142 (Adj. Sess.), § 1.)

§ 8714. Appeal; automatic stay (a) Any party to the proceeding shall have the right to appeal from a judgment issued pursuant to this chapter within 30 days after the judgment pursuant to the Vermont rules of appellate procedure. (b) If the court has issued a judgment allowing st…

§ 8715. Liability; costs (a) Sterilizations performed pursuant to this chapter shall be legal and no person shall be civilly or criminally liable for performing a sterilization pursuant to such order of the court; provided, however, that the provisions of this chapter shall not a…

§ 8716. Jurisdiction The Superior Court shall have exclusive original jurisdiction over all proceedings brought under this chapter. Proceedings under this chapter shall be commenced in the Superior Court of the county in which the person with an intellectual disability resides. (…

§ 8721. Purpose It is the policy of the State of Vermont that each citizen with a developmental disability shall have the following opportunities: (1) To live in a safe environment with respect and dignity. (2) To live with family or in a home of his or her choice. (3) To make ch…

§ 8722. Definitions As used in this chapter: (1) “Department” means the Department of Disabilities, Aging, and Independent Living. (2) “Developmental disability” means a severe, chronic disability of a person that is manifested before the person reaches 18 years of age and result…

§ 8723. Department of Disabilities, Aging, and Independent Living; duties The Department shall plan, coordinate, administer, monitor, and evaluate State and federally funded services for people with developmental disabilities and their families within Vermont. The Department shal…

§ 8724. Principles of service Services provided to people with developmental disabilities and their families shall foster and adhere to the following principles: (1) Children’s services. Children, regardless of the severity of their disability, need families and enduring relation…

§ 8725. System of care plan (a) Every three years, the Department shall adopt a plan for the nature, extent, allocation, and timing of services consistent with the principles of service set forth in section 8724 of this title that will be provided to people with developmental dis…

§ 8726. Application for services; rules (a) The Department shall adopt rules that include the following: (1) Criteria for determining whether an applicant is a person with a developmental disability. (2) A format and procedures, for processing applications for services, including…

§ 8727. Complaints; appeals (a) Notice. The Department or agency or program funded by the Department shall provide notice: (1) To an applicant or the applicant’s guardian, as applicable, of the rights provided under this chapter, State and federal law, and any other available rig…

§ 8728. Rights of recipients (a) Every person with a developmental disability who receives services has the right to: (1) Be free from aversive procedures, devices, and treatments. (2) Privacy, dignity, confidentiality, and humane care. (3) Associate with individuals of both gend…

§ 8729. Family support payments: tax exemption Any payment to an eligible family for the support of a person with a developmental disability constitutes a State benefit and shall not be deemed to be income for the purposes of State taxation or of determining eligibility for any i…

§ 8730. Service providers; certification The Department shall adopt rules that provide for certification standards and procedures for programs for people with developmental disabilities funded by the Department. The Department shall not certify a program unless it adheres to the …

§ 8731. Training (a) For the purposes of this section, “staff” means any person who receives compensation to provide services to one or more recipients and includes the person’s supervisor. “Staff” does not include a family-directed respite worker. (b) The Department shall ensure…

§ 8732. Special care needs (a) For the purposes of this section, “special care procedure” means a procedure that is necessitated by a specific medical need that a person with a developmental disability would perform but for the person’s disability, provided that, in the determina…

§ 8733. Advisory Board (a) The Advisory Board is created to advise the Department on the status and needs of people with developmental disabilities and their families. The Board shall also advise the Commissioner regarding the development of the system of care plan described in s…

§ 8820. Purpose The purpose of this chapter is to establish procedures for determining appropriate care for persons with an intellectual disability in Vermont. (Added 1979, No. 167 (Adj. Sess.), § 1; amended 2013, No. 96 (Adj. Sess.), § 114.)

§ 8839. Definitions As used in this subchapter: (1) “Commissioner” means the Commissioner of Disabilities, Aging, and Independent Living. (2) “Designated program” means a program designated by the Commissioner as adequate to provide in an individual manner appropriate custody, ca…

§ 8844. Legal competence No determination that a person is in need of custody, care, and habilitation or in need of continued custody, care, and habilitation and no order authorizing commitment shall lead to a presumption of legal incompetence. (Added 1987, No. 248 (Adj. Sess.), …

§ 8845. Petition and order for continued custody, care, and habilitation (a)(1) If, prior to the expiration of any previous commitment order issued in accordance with 13 V.S.A. § 4823 or this subchapter, the Commissioner believes that the person is a person in need of continued c…

§ 8846. Right to initiate review A person may initiate a judicial review in the Family Division of the Superior Court or an administrative review under this subchapter at any time after 90 days following a current order of commitment or continued commitment and not earlier than s…

§ 8847. Discharge from commitment (a) A person committed under 13 V.S.A. § 4823 or this subchapter may be discharged as follows: (1) by a Family Division Superior Court judge after review of an order of custody, care, and habilitation or an order of continued custody, care, and h…