Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2785

Introduced
5/30/24  
Refer
5/30/24  

Caption

To provide more timely treatment of inpatient mental health care

Impact

The implications of S2785 on state laws are far-reaching, as it modifies existing statutes regarding patient rights in the context of mental health treatment. It empowers healthcare professionals to override patients' treatment refusals if their condition meets specific criteria, thus streamlining the process for providing necessary psychiatric care. Moreover, health care providers are granted protection from liability, provided they act in good faith within the bounds of this new framework, which could foster a more proactive approach to treating serious mental illnesses.

Summary

Bill S2785, titled 'An Act to provide more timely treatment of inpatient mental health care', introduces significant changes to the protocols surrounding the treatment of individuals with serious mental illnesses. The bill defines terms related to mental health deterioration and serious mental illness, establishing criteria under which the right to refuse treatment can be overridden. This allows healthcare providers to act in situations where immediate intervention is necessary to prevent substantial harm to the patient or others, particularly for individuals deemed incompetent to give informed consent.

Contention

One notable area of contention surrounding the bill is the balance between patient autonomy and the imperative for timely intervention. Critics might argue that this legislation could potentially infringe on patient rights, specifically concerning informed consent. Furthermore, there is a concern about how health care professionals will interpret the criteria for overriding treatment refusals, which could lead to ethical dilemmas in practice. Supporters, on the other hand, argue that the bill addresses urgent needs in mental health care by ensuring that necessary treatments are provided without undue delay, thus prioritizing the safety and well-being of individuals in crisis.

Companion Bills

MA H1994

Similar To To provide more timely treatment of inpatient mental health care

MA S1246

Replaces To provide more timely treatment of inpatient mental health care

Previously Filed As

MA S1246

To provide more timely treatment of inpatient mental health care

MA H1994

To provide more timely treatment of inpatient mental health care

MA S1401

To provide more timely treatment of inpatient mental health care

MA H2210

To provide more timely treatment of inpatient mental health care

MA SB1210

Mentally ill; transportation; evaluation; treatment

MA SB834

Relating to facilities that provide mental health treatment.

MA SB1077

Jails; mental health; evaluations; treatment

MA A3041

Clarifies that Division of Mental Health Advocacy in Office of Public Defender is required to represent indigent patients in all mental health commitment proceedings, whether related to inpatient or outpatient treatment.

MA H1349

Mental Health Treatment

MA HB4684

Relating generally to mental health treatment

Similar Bills

CA AB395

Substance use treatment providers.

AZ HB2745

Court-ordered treatment; enhanced services

AZ SB1310

Court-ordered treatment; enhanced services.

AZ HB2944

Inpatient treatment days; computation; exclusion

CA SB349

California Ethical Treatment for Persons with Substance Use Disorder Act.

AZ HB2041

Mental health; voluntary evaluations; payment

CA AB1230

Gambling disorder prevention.

IA HF479

A bill for an act establishing a veterans recovery pilot program and fund for the reimbursement of expenses related to providing hyperbaric oxygen treatment to eligible veterans.(See HF 574.)