Vermont H 765: An act relating to qualified mental health professionals

Bill Text

BILL AS INTRODUCED H.765
2026 Page 1 of 6

VT LEG #385529 v.2
H.765 1
Introduced by Representatives Dobrovich of Williamstown, Bosch of 2
Clarendon, Burtt of Cabot, Coffin of Cavendish, Galfetti of 3
Barre Town, Goslant of Northfield, Pinsonault of Dorset, and 4
Tagliavia of Corinth 5
Referred to Committee on 6
Date: 7
Subject: Health; mental health; qualified mental health professionals 8
Statement of purpose of bill as introduced: This bill proposes to expand the 9
number and type of professionals who can serve as a qualified mental health 10
professional. 11
An act relating to qualified mental health professionals 12
It is hereby enacted by the General Assembly of the State of Vermont: 13
Sec. 1. 18 V.S.A. § 7101 is amended to read: 14
§ 7101. DEFINITIONS 15
As used in this part of this title, the following words, unless the context 16
otherwise requires, shall have the following meanings: 17
* * * 18
(13) “Mental health professional” means a person with professional 19
training, experience, and demonstrated competence in the treatment of mental 20

BILL AS INTRODUCED H.765
2026 Page 2 of 6

VT LEG #385529 v.2
illness, who shall be a physician, psychologist, social worker, mental health 1
counselor, nurse, or other qualified person designated by the Commissioner. 2
(14) “Mental illness” means a substantial disorder of thought, mood, 3
perception, orientation, or memory, any of which grossly impairs judgment, 4
behavior, capacity to recognize reality, or ability to meet the ordinary demands 5
of life, but shall not include intellectual disability. 6
(15)(14) “Patient” means a resident of or person in Vermont qualified 7
under this title for hospitalization or treatment as a person with a mental illness 8
or intellectual disability. 9
(16)(15) “A patient in need of further treatment” means: 10
* * * 11
(17)(16) “A person in need of treatment” means a person who has a 12
mental illness and, as a result of that mental illness, his or her capacity to 13
exercise self-control, judgment, or discretion in the conduct of his or her affairs 14
and social relations is so lessened that he or she poses a danger of harm to 15
himself, to herself, or to others: 16
* * * 17
(17) “Qualified mental health professional” means a person with 18
professional training, experience, and demonstrated competence in the 19
treatment of mental illness who has completed training to serve as a qualified 20
mental health professional as developed by the Commissioner in rule, 21

BILL AS INTRODUCED H.765
2026 Page 3 of 6

VT LEG #385529 v.2
including a professional who is not employed or under contract with a 1
designated or specialized service agency established pursuant to section 8907 2
or 8912 of this title, and who is an individual licensed or certified, respectively, 3
to provide mental health services as a physician pursuant to chapter 23 or 33 of 4
this title, an advance practice registered nurse specializing in psychiatric 5
mental health pursuant to chapter 28 of this title, a psychologist pursuant to 6
chapter 55 of this title, a social worker pursuant to chapter 61 of this title, a 7
clinical mental health counselor pursuant to chapter 65 of this title, a marriage 8
and family therapist pursuant to chapter 76 of this title, or a psychoanalyst 9
pursuant to chapter 77 of this title. 10
* * * 11
Sec. 2. 18 V.S.A. § 7113 is amended to read: 12
§ 7113. INDEPENDENT EXAMINATION; PAYMENT 13
Whenever a court orders an independent examination by a qualified mental 14
health professional or a qualified developmental disabilities professional 15
pursuant to this title or 13 V.S.A. § 4822, the cost of the examination shall be 16
paid by the Department of Disabilities, Aging, and Independent Living or of 17
Mental Health. The qualified mental health professional or qualified 18
developmental disabilities professional may be selected by the court but the 19
Commissioner of Disabilities, Aging, and Independent Living or of Mental 20

BILL AS INTRODUCED H.765
2026 Page 4 of 6

VT LEG #385529 v.2
Health may adopt a reasonable fee schedule for examination, reports, and 1
testimony. 2
Sec. 3. 18 V.S.A. § 7505 is amended to read: 3
§ 7505. WARRANT AND CERTIFICATE FOR EMERGENCY 4
EXAMINATION 5
(a) In emergency circumstances where certification by a licensed physician 6
is not available without serious and unreasonable delay, and when personal 7
observation of the conduct of a person constitutes reasonable grounds to 8
believe that the person is a person in need of treatment, and the person presents 9
an immediate risk of serious injury to self or others if not restrained, a law 10
enforcement officer or qualified mental health professional may make an 11
application, not accompanied by a physician’s certificate, to any Superior 12
judge for a warrant for an emergency examination. The application shall be 13
based on facts personally observed by the qualified mental health professional 14
or the law enforcement officer or shall be supported by a