§ 1060 - Rights of a person in compulsory medical management - Vermont Statutes

§ 1060. Rights of a person in compulsory medical management

Any person in compulsory medical management by order of the court who believes his physical condition is such as to warrant his discharge, if the discharge is refused by the commissioner of health, is entitled to a physical examination by a qualified physician of his 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 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 district 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. (1967, No. 49, § 6; amended 1973, No. 89, § 8.)