Two Fwd's: on S.103; F.Y.I.
Morgan Brown (morganbrown@hotmail.com)
Tue, 20 Jan 1998 11:13:42 PST
Hello,
I'm forwarding on to you two pieces of information on S. 103:
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First, the following that I copied and pasted from the Legislatures Web
site which gives the weekly schedule for the House Judiciary committee.
This site can be accessed to also check if they update it during the
week. The URL is:
http://www.leg.state.vt.us/schedule/agendas/hjud.htm
To either confirm the schedule or make requests to testify, the e-mail
address for Nancy Mcavoy, the legislative council staff member serving
the House Judiciary committee, is:
nmcavoy@leg.state.vt.us
Otherwise, to e-mail the Chair of the committee to send in written
testimony or documentation or to request to testify or whatever, the
address is:
sgtarms@leg.state.vt.us
make sure to direct the message to Chair Tom Costello and/or to all
members of the House Judiciary committee and also list that it concerns
S. 103-the Forced Drugging bill.
If you don't already recieve the VCDR's Updates in either hard copy or
via e-mail and would care to, please make your request to Peter and
Sheila at:
vcdr@plainfield.bypass.com
The VCDR Update going out today has a long piece on S. 103.
Morgan W. Brown <morganbrown@hotmail.com>
Montpelier Vermont
For more information on S.103 or to read Morgan's commentary on these
matters, please visit Norsehorse's Home Turf at:
http://members.tripod.com/~Norsehorse/
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-------------Forwarded information--------------
HOUSE COMMITTEE ON JUDICIARY
A G E N D A
Week of: January 19, 1998
*Tuesday, January 20, 1998*
11:00 a.m.
Prioritizing
3:00 p.m.
Prioritizing
*Wednesday, January 21, 1998*
9:00 a.m. -10:30
S. 103 - Involuntary Medication of Mental Health Patients
Rod Copeland, Department of Mental Health
Jessica Porter, Attorney General’s Office
Rob Appel, Defender General’s Office
10:30 a.m.
S. 103: Mary Ellen Copeland, Mental Health Educator
10: 45 - 12:00 noon
S. 103 : Susan Aronoff. Staff Attorney, VT Protection & Advocacy
Morgan Brown
1:00 - 2:00p.m.
S. 103: Paul Dupre, Washington County Mental Health
(continuation of morning witnesses)
2:30 p.m.
S. 103: William McMains, Medical Director, DDMHS
3:30 p.m.
S. 103: Senator Jan Backus
Dan German, Human Services Board
*Thursday, January 22, 1998*
9:00 a.m.
S. 103 - Involuntary Medication of Mental Health Patients
Phone testimony: Tom Berentt, Attorney (203) 393-1091
[Connecticut, Mental Heatlh Law Project per Susan Aronoff]
9:15 - 10:30 a.m.
S. 103: Jim Wilkinson, Board President, Washington County Mental Health
Kerry Kurt, former legislator
10:30 - 12:00 noon
S. 103: Bertold Francke, M.D., Interim Director, VT State Hospital
Beth Tanzman, Director, Adult Community , MH Programs
Sarah Chamberlain
1:00 - 2:30 p.m.
S. 103: Phone testimony: Peter Stasny, M.D. (212)343-3525
(per Susan Aronoff)
Peter Youngbaer, VT Coalition for Disability Rights
Bill Newhall, Another Way Drop-In Center;Montpelier, VT.
Jim Leady, Exec. Dir., Howard Mental Health
2:30. - 4:30 p.m.
S. 103: Ken Libertoff, VT Association for Mental Health
Xenia Williams
Friday, January 23, 1998
9:00 - 10:30 a.m.
S. 103 - Involuntary Medication of Mental Health Patients
Pet Bolton, M.D., Crisis Center, Chittenden County
Joyce Burland, National Alliance for Mentally Ill
10:30 - 12:00 noon
S. 103: Scott Waterman - UVM Medical School
Sandra Steingard, M.D., Howard Center for Human Services
Marvin Wolf, Attorney
------------End of forward---------------
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Second, the VCDR (Vermont Coalition for Disability Rights) Update just
came in and I copied and pasted the section on S. 103 for you as
follows.
To request issues either in hard copy or e-mail form, please e-mail
Peter and Sheila at: vcdr@plainfield.bypass.com
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------------Forwarded S. 103 VCDR Update------------
2) FORCED DRUGGING BILL (S. 103) UP FOR DEBATE IN HOUSE
JUDICIARY COMMITTEE
A bill which would permit involuntary medication of certain individuals
with psychiatric disabilities is the subject of debate in the House
Judiciary Committee this week. They plan to take testimony and discuss
the bill Wednesday, Thursday, and Friday. At this writing, no public
hearingis scheduled.
S. 103 began last year in the Senate Health and Welfare Committee, where
it was considerably improved from the bill originally introduced. It
was further amended by the Senate Judiciary Committee before being
passed by the full Senate.
The House Health and Welfare Committee also recommended amendments to
the bill before sending it the the House Judiciary Committee. There,
after several days of testimony and attempts at compromise, the bill
stalled and laid over until this winter.
Late in the fall, the Department of Developmental and Mental Health
Services held a day-long conference in Montpelier in an attempt to find
some common ground and compromise language. It was a day of strong
emotions and some testy debates. Some consumers felt the day was
constructed in such a way that their input was either limited or shut
out entirely.
Since the conference, to VCDR's knowledge, there has been no new
language or compromise proposed by the Department.
In a nutshell, the bill proposed to permit non-emergency involuntary
medication outside of the Vermont State Hospital for the first time.
Currently, a consent decree, known as the J.L. decision governs
involuntary medication at VSH. It uses a judicial standard known as
"substituted judgment" for a hearing officer to decide whether or not to
allow medication. The new bill would change that standard to a "best
interests" standard. It would also move the judicial process into
family court.
The substituted judgment standard is a major sticking point for the
bill, with VCDR and other consumer advocates pushing to stick with the
standard. The standard requires the court to do what the consumer would
want done if they were competent to decide for themself. VCDR and
others want advanced directives, such as a duly executed power of
attorney (DPOA), or other statements of the consumer's wishes to be
controlling and honored by the courts. Some consumers do not want
certain medications, or certain doses, based on past experiences. Some
don't want to be drugged at all. Others want to be clear that they
should be treated. Is not a DPOA the closest guide we can get to what a
competent consumer wants? Don't we all want to be able to control our
own health care decisions?
---------------End of forward-----------------
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