Vermont H 573: An act relating to allowing municipal and cooperative utilities to offer innovative rates and services

Bill Text

BILLAS PASSED BY THE HOUSE H.573
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H.573
Introduced by Representative Berbeco of Winooski
Referred to Committee on
Date:
Subject: Health; mental health; emergency examination; first certification
Statement of purpose of bill as introduced: This bill proposes to expand the
types of health care professionals that the Commissioner of Mental Health can
designate to complete the first certification of an emergency examination.
An act relating to the first certification of an emergency examination
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 18 V.S.A. § 7110 is amended to read:
§ 7110. CERTIFICATION OF MENTALILLNESS
(a) A certification of mental illness by a licensed physician required by
section 7504 of this title shall be made by a board-eligible psychiatrist, a
board-certified psychiatrist, or a resident in psychiatry, under penalty of
perjury. In areas of the State where board-eligible psychiatrists, board-
certified psychiatrists, or residents in psychiatry are not available to complete
admission certifications to the Vermont State Hospital or its successor in
interest, the Commissioner may designate other licensed physicians health care
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professionals as appropriate to complete certification for purposes of section
7504 of this title.
(b) As used in this section, “health care professional” means a physician
licensed pursuant to 26 V.S.A. chapter 23 or 33, an advanced practice
registered nurse licensed pursuant to 26 V.S.A. chapter 28, a physician
assistant licensed pursuant to 26 V.S.A. chapter 31, a master’s social worker
licensed pursuant to 26 V.S.A. chapter 61, a clinical mental health counselor
with a master’s degree or greater licensed pursuant to 26 V.S.A. chapter 65, or
a marriage and family therapist licensed pursuant to 26 V.S.A. chapter 76.
Sec. 2. 18 V.S.A. § 7504 is amended read:
§ 7504. APPLICATION AND CERTIFICATE FOR EMERGENCY
EXAMINATION
(a) Upon written application by an interested party made under the pains
and penalties of perjury and accompanied by a certificate by a licensed
physician health care professional as defined in section 7110 of this title who is
not the applicant, a person shall be held for admission to a hospital for an
emergency examination to determine if he or she the person is a person in need
of treatment. The application and certificate shall set forth the facts and
circumstances that constitute the need for an emergency examination and that
show that the person is a person in need of treatment.
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(b) The application and certificate shall be authority for transporting the
person to a hospital for an emergency examination, as provided in section 7511
of this title.
(c) For the purposes of admission of an individual to a designated hospital
for care and treatment under this section, a head of a hospital, as provided in
subsection (a) of this section, may include a person designated in writing by
the head of the hospital to discharge the authority granted in this section. A
designated person must be an official hospital administrator, supervisory
personnel, or a licensed physician on duty on the hospital premises other than
the certifying physician health care professional under subsection (a) of this
section.
Sec. 3. EFFECTIVE DATE
This act shall take effect on July 1, 2026.
Sec. 1. 18 V.S.A. § 7110 is amended to read:
§ 7110. CERTIFICATION OF MENTAL ILLNESS
A certification of mental illness by a licensed physician required by section
7504 of this title shall be made by a board-eligible psychiatrist, a board-
certified psychiatrist, or a resident in psychiatry, under penalty of perjury. In
areas of the State where board-eligible psychiatrists, board-certified
psychiatrists, or residents in psychiatry are not available to complete
admission certifications to the Vermont State Hospital or its successor in
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interest, the Commissioner may designate other licensed physicians as
appropriate to complete certification for purposes of section 7504 of this title.
[Repealed.]
Sec. 2. 18 V.S.A. § 7504 is amended read:
§ 7504. APPLICATION AND CERTIFICATE FOR EMERGENCY
EXAMINATION
(a) Upon written application by an interested party a qualified mental
health professional made under the pains and penalties of perjury and
accompanied by a certificate by a licensed physician health care professional
who is not the applicant, a person shall be held for admission to a hospital for
an emergency examination to determine if he or she the person is a person in
need of treatment. The application and certificate shall set forth the facts and
circumstances that constitute the need for an emergency examination and that
show that the person is a person in need of treatment.
(b) T