Bill > S0250

This bill proposes to allow a patient's treating physician to authorize the administration of involuntary psychiatric medication in emergency circumstances, even before a court order is issued, provided certain conditions are met. These conditions include informing the patient about the medication's details, their right to refuse, and the status of the involuntary medication application, and ensuring the patient refuses or cannot communicate refusal after a reasonable attempt at voluntary acceptance. Additionally, the medical directors of the hospital unit and the Department of Health must jointly determine that less intrusive alternatives are unlikely to work and that the medication is necessary and the least restrictive option to address the emergency. An "emergency circumstance" is defined as a situation where a patient poses a risk of serious harm, their condition is likely to deteriorate irreparably while awaiting a hearing, immediate medication is needed to preserve life or prevent harm, and it's impractical to wait for a court hearing. The authority to administer medication under this emergency provision generally expires after 72 hours or when the emergency ceases, but can be extended for up to 10 days with a court's approval and a joint certification from medical directors, or longer if abrupt discontinuation could be life-threatening. The bill also mandates documentation of the emergency, medication details, patient information, and rationale, requires notification of the patient's attorney and advance directive agent, and establishes procedures for staff training and compliance. Healthcare professionals and facilities acting under these provisions are granted immunity from civil liability unless their actions are reckless, grossly negligent, or intentional misconduct. The bill will take effect on July 1, 2026.

Health and Social Services

https://legislature.vermont.gov/bill/status/2026/S.250