The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
§ 7901. Intrastate transfers
The Commissioner may authorize the transfer of patients between the Vermont State
Hospital or its successor in interest and designated hospitals if the Commissioner
determines that it would be consistent with the medical needs of the patient to do
so. Whenever a patient is transferred, written notice shall be given to the patient’s
legal guardian or agent, if any, and any other person with the consent of the patient.
In all such transfers, due consideration shall be given to the relationship of the
patient to his or her family, legal guardian, or friends, so as to maintain relationships
and encourage visits beneficial to the patient. Due consideration shall also be given
to the separation of functions and to the divergent purposes of the Vermont State
Hospital or its successor in interest and designated hospitals. No patient may be
transferred to a correctional institution without the order of a court of competent
jurisdiction. No patient may be transferred to a designated hospital outside the no
refusal system unless the head of the hospital or his or her designee first accepts
the patient. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1977, No. 145 (Adj. Sess.), § 2; 2005, No. 174 (Adj. Sess.), § 41; 2011, No. 79 (Adj. Sess.), § 26, eff. April 4, 2012.)
§ 7902. Interstate transfers
(a) The transfer of nonresident patients to out-of-state facilities shall be governed
by the Interstate Compact on Mental Health.
(b) The transfer of nonresident patients from an out-of-state institution or hospital
to a hospital in Vermont for the purpose of being near relatives or friends shall
be in the discretion of the Commissioner, who shall take into consideration the relationship
of the patient to his or her family, legal guardian, or friends, in order to maintain
those relationships and encourage visits beneficial to the patient. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 2005, No. 174 (Adj. Sess.), § 41.)
§ 7903. Transfers to federal facilities
Upon receipt of a certificate from an agency of the United States that accommodations
are available for the care of any individual hospitalized under this part of this
title, and that the individual is eligible for care or treatment in a hospital or
institution of that agency, the Commissioner may cause his or her transfer to that
agency for hospitalization. The judge who ordered the individual to be hospitalized,
and the attorney, guardian, if any, spouse, and parent or parents, or if none be known,
an interested party, in that order, shall be notified immediately of the transfer
by the Commissioner. No person may be transferred to an agency of the United States
if he or she is confined pursuant to conviction of any felony or misdemeanor, or if
he or she has been acquitted of a criminal charge solely on the ground of mental illness,
unless prior to transfer the judge who originally ordered hospitalization of such
person enters an order for the transfer after appropriate motion and hearing. Any
person so transferred shall be deemed to be hospitalized by that agency pursuant to
the original order of hospitalization. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 2009, No. 154 (Adj. Sess.), § 150b.)
§ 7904. Repealed. 2005, No. 174 (Adj. Sess.), § 140(4).
§§ 7905-7908. Repealed. 1977, No. 145 (Adj. Sess.), § 7.