Bill > H0724

This bill allows 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, as well as confirming the patient's refusal or inability to communicate refusal after attempts 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 the least restrictive intervention needed for the emergency. The authority to administer medication under this emergency provision expires after 72 hours or when the emergency ends, whichever comes first, though it can be extended for up to 10 days with court approval and a joint certification from the medical directors that continued medication is necessary. The bill also mandates documentation of the emergency, medication details, and patient information, notification of the patient's attorney and advance directive agent, and the adoption of written procedures by facilities. Healthcare professionals and facilities are granted immunity from civil liability unless their actions are reckless, grossly negligent, or intentional misconduct. An "emergency circumstance" is defined as a situation where a patient poses a risk of serious harm, their medical condition is likely to deteriorate irreparably, immediate medication is necessary to preserve life or prevent harm, and it's impractical to wait for a court hearing.

Health and Social Services

https://legislature.vermont.gov/bill/status/2026/H.724