Fwd: S. 103; VCDR Update; House Judiciary passes out bill 8-3
Morgan Brown (morganbrown@hotmail.com)
Wed, 11 Feb 1998 12:24:17 PST
Hello,
Below is a forward of item 2, regarding S.103, from the most recent
VCDR (Vermont Coalition for Disability Rights) Information Update
which I am sending F.Y.I. and in case you know of others who may be
interested to pass it on to.
If you or others would like to learn more about VCDR and/or would care
to request e-mail or hard copy versions of the VCDR Update, contact
Peter & Sheila at:
vcdr@plainfield.bypass.com
or call: (802) 223-6140
or write to: VDCR; 73 main st. room 402;Montpelier VT 05602
Morgan <morganbrown@hotmail.com>
Morgan W. Brown; Montpelier Vermont
For more information on S. 103, visit my home page at:
Norsehorse's Home Turf: http://members.tripod.com/~Norsehorse/
-------------Forwarded message-------------
2) FORCED DRUGGING BILL, S.103, SUPPORTED BY HOUSE
JUDICIARY COMMITTEE, HEADED FOR HOUSE INSTITUTIONS COMMITTEE
On an 8-3 vote, the House Judiciary Committee approved a revised draft
of S. 103, a bill which proposes to expand involuntary medication out
into the community. The bill has already passed the Senate, and been
approved by the House Health and Welfare Committee.
At the same time, the Vermont Department of Corrections is proposing a
completely different standard and process for involuntarily injecting
inmates. This proposal is currently in the administrative rule-making
process.
A number of House Judiciary Committee members, and other House members
feel strongly that there should be a single standard for involuntary
medication. Since the Institutions Committee has jurisdiction over
Vermont's prisons, the bill will have to go there before heading to
the House floor.
The Judiciary Committee has heard testimony over two weeks, including
a public hearing. Their version expands involuntary medication into
the community; expands the number of Vermonters subject to it; and
reduces the current standard under a legal consent decree (known as
J.L.), from being a "substituted judgment" standard to a "best
interests" standard, among other changes.
In a purported "compromise," the operative section of the bill would
recognize a duly executed Durable Power of Attorney for Health Care
document, but only for 45 days. This would diminish the legal
standing of such a document for an entire class of people - those with
mental illness labels. Current Vermont law does not differentiate
between physical and mental conditions for Durable Power of Attorney
documents.
In a DPOA, executed when you are competent, you state what treatment
you desire or don't desire when you might find yourself not able to
participate in your health care decision-making.
In this new version, your wishes would only be honored for 45 days,
then others would decide for you what is in your "best interest." The
Department of Developmental and Mental Health Services has asserted
that DPOA's become invalid when someone goes into DDMHS custody. The
law does not state this, and the issue is currently being litigated.
Why is this being touted as a compromise? Because earlier versions of
the bill refused to recognize DPOA's at all.
The bill has other provisions, such as setting a one year limit in
statute for orders of non-hospitalization, and moving the process for
obtaining an involuntary medication order from an administrative
hearing to family court. It also sets up some reporting requirements.
The fact remains, however, that these drugs are extremely powerful,
and can have serious side effects, causing disabling conditions, and
even death. Testimony given throughout the legislative process shows
that forced drugging is carried out on about twenty people per year,
and that the Department wins virtually all hearings. So, what is the
problem that they are trying to solve? Testimony was also given that
this bill might double that number to around forty per year, although
potentially about 125 people would be potentially "eligible."
Although legally true, virtually all individuals with mental illness
labels would feel it could happen to them. This brings a coercive
element to the mental health system. Some people will refuse to seek
treatment for fear of being treated involuntarily. And concerns
remain about those given these long-acting drugs and the ability of
the community mental health system to adequately monitor those who,
under the bill, will be injected and released. VCDR asks, "What's the
hurry?"
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