Vermont § 7627 - Court findings; orders

§ 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 of treatment as defined
  by subdivision 7101(17) of this title. (b) If a person who is the subject of an application filed under section 7625 of this title has not executed an advance directive, the court shall follow the person’s competently
  expressed written or oral preferences regarding medication, if any, unless the Commissioner
  demonstrates that the person’s medication preferences have not led to a significant
  clinical improvement in the person’s mental state in the past within an appropriate
  period of time. (c) If the court finds that there are no medication preferences or that the person’s medication
  preferences have not led to a significant clinical improvement in the person’s mental
  state in the past within an appropriate period of time, the court shall consider at
  a minimum, in addition to the person’s expressed preferences, the following factors: (1) the person’s religious convictions and whether they contribute to the person’s refusal
  to accept medication; (2) the impact of receiving medication or not receiving medication on the person’s relationship
  with his or her family or household members whose opinion the court finds relevant
  and credible based on the nature of the relationship; (3) the likelihood and severity of possible adverse side effects from the proposed medication; (4) the risks and benefits of the proposed medication and its effect on: (A) the person’s prognosis; and (B) the person’s health and safety, including any pregnancy; and (5) the various treatment alternatives available, which may or may not include medication. (d) As a threshold matter, the court shall consider the person’s competency. If the court
  finds that the person is competent to make a decision regarding the proposed treatment
  or that involuntary medication is not supported by the factors in subsection (c) of
  this section, the court shall enter a finding to that effect and deny the application. (e) As a threshold matter, the court shall consider the person’s competency. If the court
  finds that the person is incompetent to make a decision regarding the proposed treatment
  and that involuntary medication is supported by the factors in subsection (c) of this
  section, the court shall make specific findings stating the reasons for the involuntary
  medication by referencing those supporting factors. (f)(1) If the court grants the application, in whole or in part, the court shall enter an
  order authorizing the Commissioner to administer involuntary medication to the person.
  The order shall specify the types of medication, the permitted dosage range, length
  of administration, and method of administration for each. The order for involuntary
  medication shall not include electroconvulsive therapy, surgery, or experimental medications.
  A long-acting injection shall not be ordered without clear and convincing evidence,
  particular to the patient, that this treatment is the most appropriate under the circumstances. (2) The order shall require the person’s treatment provider to conduct weekly reviews
  of the medication to assess the continued need for involuntary medication, the effectiveness
  of the medication, the existence of any side effects, and whether the patient has
  become competent pursuant to subsection 7625(c) of this title and shall also require the person’s treatment provider to document this review in
  detail in the patient’s chart. The person’s treatment provider shall notify the Department
  when he or she determines that the patient has regained competence. Within two days
  of receipt, the Department shall provide a copy of the notice to the patient’s attorney. (g) For a person receiving treatment pursuant to an order of hospitalization, the Commissioner
  may administer involuntary medication as authorized by this section to the person
  for up to 90 days, unless the court finds that an order is necessary for a longer
  period of time. Such an order shall not be longer than the duration of the current
  order of hospitalization. If at any time the treating psychiatrist finds that a person
  subject to an order for involuntary medication has become competent pursuant to subsection 7625(c) of this title, the order shall no longer be in effect. (h) For a person who had received treatment under an order of hospitalization and is currently
  receiving treatment pursuant to an order of nonhospitalization, if the court finds
  that without an order for involuntary medication there is a substantial probability
  that the person would continue to refuse medication and as a result would pose a danger
  of harm to self or others, the court may order hospitalization of the person for up
  to 72 hours to administer involuntary medication as ordered under this section. (i) The court may authorize future 72-hour hospitalizations of a person subject to an
  order under subsection (h) of this section to administer involuntary medication for
  90 days following the initial hospitalization, unless the court finds that an involuntary
  medication order is necessary for a longer period of time. Such an order shall not
  be longer than the duration of the current order of nonhospitalization. (j) A future administration of involuntary medication authorized by the court under subsection
  (i) of this section shall occur as follows: (1) The treating physician shall execute and file with the Commissioner a certification
  executed under penalty of perjury that states all the following: (A) the person has refused medication; (B) the person is not competent to make a decision regarding medication and to appreciate
  the consequences; (C) the proposed medications, the dosage range, length of administration, and method of
  administration; and (D) the substantial probability that in the near future the person will pose a danger
  of harm to self or others if not hospitalized and involuntarily medicated. (2) Depending on the type of medication ordered, the Commissioner shall provide two to
  14 days’ notice, as set forth in the initial court order, to the court, the person,
  and the person’s attorney. The notice shall be given within 24 hours of receipt by
  the Commissioner of the physician’s certification and shall state that the person
  may request an immediate hearing to contest the order. The person may be hospitalized
  in a designated hospital on the date specified in the notice for up to 72 hours in
  order to administer involuntary medication. (k) An order for involuntary medication issued under this section shall be effective concurrently
  with the current order of commitment issued pursuant to section 7623 of this title. (l) The treating physician shall provide written notice to the court to terminate the
  order when involuntary medication is no longer necessary. (m) At any time, the person may petition the court for review of the order. (n) As used in this section, “household members” means persons living together or sharing
  occupancy. (Added 1997, No. 114 (Adj. Sess.), § 4; amended 2013, No. 192 (Adj. Sess.), §§ 15, 25.)