Vermont § 7624 - Application for involuntary medication

§ 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 custody pursuant to section 7619 of this title or subsection 7621(b) of this title; (2) has previously received treatment under an order of hospitalization and is currently
  under an order of nonhospitalization; (3) has been committed to the custody of the Commissioner on an order of nonhospitalization
  and has been placed at a secure residential recovery facility; (4) has been committed to the custody of the Commissioner of Corrections as a convicted
  felon and is being held in a correctional facility that is a designated facility pursuant
  to section 7628 of this title and for whom the Departments of Corrections and of Mental Health have determined
  jointly that involuntary medication would be appropriate pursuant to 28 V.S.A. § 907(4)(H); (5) has an application for involuntary treatment pending for which the court has granted
  a motion to expedite pursuant to subdivision 7615(a)(2)(A)(i) of this title; (6)(A) has an application for involuntary treatment pending; (B) waives the right to a hearing on the application for involuntary treatment until a
  later date; and (C) agrees to proceed with an involuntary medication hearing without a ruling on whether
  the person is a person in need of treatment; or (7) has had an application for involuntary treatment pending pursuant to subdivision 7615(a)(1) of this title for more than 26 days without a hearing having occurred and the treating psychiatrist
  certifies, based on specific behaviors and facts set forth in the certification, that
  in the psychiatrist’s professional judgment there is good cause to believe that: (A) additional time will not result in the person establishing a therapeutic relationship
  with providers or regaining competence; and (B) serious deterioration of the person’s mental condition is occurring. (b)(1) Except as provided in subdivisions (2), (4), and (5) of this subsection, an application
  for involuntary medication shall be filed in the Family Division of the Superior Court
  in the county in which the person is receiving treatment. (2) If the application for involuntary medication is filed pursuant to subdivision (a)(5)
  of this section: (A) the application shall be filed in the county in which the application for involuntary
  treatment is pending; and (B) the court shall consolidate the application for involuntary treatment with the application
  for involuntary medication and rule on the application for involuntary treatment before
  ruling on the application for involuntary medication. (3) If the application for involuntary medication is filed pursuant to subdivision (a)(6)
  or (a)(7) of this section, the application shall be filed in the county in which the
  application for involuntary treatment is pending. (4) Within 72 hours of the filing of an application for involuntary medication pursuant
  to subdivision (a)(7) of this section, the court shall determine, based solely upon
  a review of the psychiatrist’s certification and any other filings, whether the requirements
  of that subdivision have been established. If the court determines that the requirements
  of subdivision (a)(7) of this section have been established, the court shall consolidate
  the application for involuntary treatment with the application for involuntary medication
  and hear both applications within 10 days after the date that the application for
  involuntary medication is filed. The court shall rule on the application for involuntary
  treatment before ruling on the application for involuntary medication. Subsection 7615(b) of this title shall apply to applications consolidated pursuant to this subdivision. (c) The application shall include a certification from the treating physician, executed
  under penalty of perjury, that includes the following information: (1) the nature of the person’s mental illness; (2) that the person is refusing medication proposed by the physician; (3) that the person lacks the competence to decide to accept or refuse medication and
  appreciate the consequences of that decision; (4) the necessity for involuntary medication; (5) any proposed medication, including the method, dosage range, and length of administration
  for each specific medication; (6) a statement of the risks and benefits of the proposed medications, including the likelihood
  and severity of adverse side effects and its effect on: (A) the person’s prognosis with and without the proposed medications; and (B) the person’s health and safety, including any pregnancy; (7) the current relevant facts and circumstances, including any history of psychiatric
  treatment and medication, upon which the physician’s opinion is based; (8) what alternate treatments have been proposed by the doctor, the patient, or others,
  and the reasons for ruling out those alternatives, including information on the availability
  of any appropriate alternatives; and (9) whether the person has executed an advance directive in accordance with the provisions
  of chapter 231 of this title and the identity of the agent or agents designated by
  the advance directive. (d) A copy of the advance directive, if available, shall be attached to the application. (Added 1997, No. 114 (Adj. Sess.), § 4; amended 2005, No. 174 (Adj. Sess.), § 40; 2007, No. 15, § 22; 2009, No. 154 (Adj. Sess.), § 238; 2011, No. 160 (Adj. Sess.), § 5, eff. May 17, 2012; 2013, No. 192 (Adj. Sess.), §§ 12, 25; 2023, No. 6, § 203, eff. July 1, 2023; 2023, No. 137 (Adj. Sess.), § 14, eff. July 1, 2024.)