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.
Subchapter
002
:
TUBERCULOSIS
(Cite as: 18 V.S.A. § 1060)
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§ 1060. Rights of a person in compulsory medical management
Any person in compulsory medical management by order of the court who believes his
or her physical condition is such as to warrant his or her discharge, if the discharge
is refused by the Commissioner of Health, is entitled to a physical examination by
a qualified physician of his or her own choice. If as a result of examination the
physician feels that the continued compulsory medical management is no longer justified
and the Commissioner of Health does not concur in that opinion, the person may appeal
by petition to the court issuing the original order for his or her compulsory medical
management. Proceedings before the court shall be de novo, and the court may require
such further examination as it considers necessary and may, in its discretion, at
the expense of the State appoint no less than three independent physicians, at least
one of whom shall have had special experience in respiratory diseases, to examine
the person. At the conclusion of the proceedings, the court shall make findings of
fact and issue such order as it considers proper. The order of the court may be appealed
to the Supreme Court in the manner provided by law for appeals from a Criminal Division
of the Superior Court generally. A person may not petition for release from medical
management within six months from the date a court order is made, whether an appeal
is taken or not. (Added 1967, No. 49, § 6; amended 1973, No. 89, § 8; 2009, No. 154, § 238.)