The Vermont Statutes Online

Title 18: Health

Chapter 189: Release and Discharge

• §§ 8001, 8002. Repealed. 1977, No. 252 (Adj. Sess.), § 36.

• § 8003. Personal needs of patient

  The Commissioner shall make any necessary arrangements to ensure:

  (1) that no patient is discharged or granted a conditional release from a hospital without suitable clothing; and

  (2) that any indigent patient discharged or granted a conditional release is furnished suitable transportation for his or her return home and an amount of money as may be prescribed by the head of the hospital to enable the patient to meet his or her immediate needs. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1977, No. 252 (Adj. Sess.), § 14.)

• § 8004. Repealed. 1977, No. 252 (Adj. Sess.), § 36.

• § 8005. Habeas corpus

  Any individual hospitalized under this title or his or her attorney or an interested party may apply for a writ of habeas corpus from any court generally empowered to issue the writ in the jurisdiction in which he or she is detained. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)

• § 8006. Visits

  (a) The head of a hospital may grant a visit permit of not more than 30 days to any patient under his or her charge.

  (b) The granting and revocation of visits shall be made in accordance with rules and procedures adopted by the head of the hospital. (Added 1977, No. 252 (Adj. Sess.), § 31.)

• § 8007. Conditional discharges

  (a) The Board or the head of a hospital may conditionally discharge from a hospital any patient who may be safely and properly cared for in a place other than the hospital.

  (b) A conditional discharge may extend for a term of six months, but shall not exceed 60 days unless the head of the hospital determines that a longer period will materially improve the availability of a program of treatment that is an alternative to hospitalization.

  (c) Unless sooner revoked or renewed, a conditional discharge shall become absolute at the end of its term.

  (d) A conditional discharge may be granted subject to the patient’s agreement to participate in outpatient, after-care, or follow-up treatment programs, and shall be subject to such other conditions and terms as are established by the granting authority.

  (e) Each patient granted a conditional discharge shall be provided, so far as practicable and appropriate, with continuing treatment on an outpatient or partial hospitalization basis.

  (f) Each patient granted a conditional discharge shall be given a written statement of the conditions of his or her release, the violation of which can cause revocation.

  (g) A conditional discharge may be renewed by the granting authority at any time before it becomes absolute if the head of a hospital first determines that such renewal will substantially reduce the risk that the patient will become a person in need of treatment in the near future. (Added 1977, No. 252 (Adj. Sess.), § 32.)

• § 8008. Revocation of conditional discharge

  (a) The Board or the head of the hospital may revoke a conditional discharge at any time before that discharge becomes absolute if the patient fails to comply with the conditions of the discharge.

  (b) A revocation by the Board or the head of the hospital shall authorize the return of the patient to the hospital and shall be sufficient warrant for a law enforcement officer or mental health professional to take the patient into custody and return him or her to the hospital from which he or she was conditionally discharged.

  (c) Immediately upon his or her return to the hospital, the patient shall be examined by a physician who shall orally explain to the patient the purpose of the examination and the reasons why the patient was returned to the hospital.

  (d) If the examining physician certifies in writing to the head of the hospital that, in his or her opinion, the patient is a person in need of treatment, setting forth the recent and relevant facts supporting this opinion, the revocation shall become effective and the patient shall be readmitted to the hospital. If the examining physician does not so certify, the revocation shall be cancelled and the patient shall be returned to the place from which he or she was taken.

  (e) If the patient is readmitted to the hospital, he or she may apply immediately for a judicial review of his or her admission, and he or she shall be given a written notice of this right and of his or her right to legal counsel. (Added 1977, No. 252 (Adj. Sess.), § 33.)

• § 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 patient is no longer a patient in need of further treatment. When a judicially hospitalized patient is discharged, the head of the hospital shall notify the applicant, the certifying physician, the Family Division of the Superior Court, and anyone who was notified at the time the patient was hospitalized.

  (c) A person responsible for providing treatment other than hospitalization to an individual ordered to undergo a program of alternative treatment, under section 7618 or 7621 of this title, may terminate the alternative treatment to the individual if the provider of this alternative treatment considers the individual clinically suitable for termination of treatment. Upon termination of alternative treatment, the Family Division of the Superior Court shall be so notified by the provider of the alternative treatment. (Added 1977, No. 252 (Adj. Sess.), § 34; amended 2009, No. 154 (Adj. Sess.), § 150c.)

• § 8010. Repealed. 2011, No. 79 (Adj. Sess.), § 29, eff. April 4, 2012.