Title 18, Health

§ 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 p…

§ 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 hos…

§ 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…

§ 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 un…

§ 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…

§ 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 a…

§ 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…

§ 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 prosecu…

§ 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 provision…

§ 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 …