Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1972 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 897 FILED ON: 1/17/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1972
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Josh S. Cutler and Kathleen R. LaNatra
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act expanding access to mental health services and strengthening risk assessment protocols.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Josh S. Cutler6th Plymouth1/17/2023Kathleen R. LaNatra12th Plymouth1/19/2023Vanna Howard17th Middlesex1/30/2023 1 of 3
16	16	HOUSE DOCKET, NO. 897 FILED ON: 1/17/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1972
18	18	By Representatives Cutler of Pembroke and LaNatra of Kingston, a petition (accompanied by
19	19	bill, House, No. 1972) of Josh S. Cutler, Kathleen R. LaNatra and Vanna Howard relative to
20	20	expanding access to mental health services and strengthening risk assessment protocols. Mental
21	21	Health, Substance Use and Recovery.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act expanding access to mental health services and strengthening risk assessment protocols.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Section 12 of chapter 123 of the General Laws, as appearing in the 2020
31	31	2Official Edition, is hereby amended by striking out subsection (a) and inserting in place thereof
32	32	3the following subsection:-
33	33	4 (a) A physician who is licensed pursuant to section 2 of chapter 112, an advanced
34	34	5practice registered nurse authorized to practice as such under regulations promulgated pursuant
35	35	6to section 80B of said chapter 112, a qualified psychologist licensed pursuant to sections 118 to
36	36	7129, inclusive, of said chapter 112, a licensed independent clinical social worker licensed
37	37	8pursuant to sections 130 to 137, inclusive, of said chapter 112, or a licensed mental health
38	38	9counselor licensed pursuant to section 165 of chapter 112 who, after examining a person and
39	39	10evaluating the risk of serious harm, has reason to believe that failure to hospitalize such person
40	40	11would create a likelihood of serious harm to themselves or others by reason of mental health
41	41	12issues may restrain or authorize the restraint of such person and apply for the hospitalization of 2 of 3
42	42	13such person for a 3-day period at a public facility or at a private facility authorized for such
43	43	14purposes by the department. If an examination is not possible because of the emergency nature of
44	44	15the case and because of the refusal of the person to consent to such examination, the physician,
45	45	16qualified psychologist, qualified advanced practice registered nurse, licensed independent
46	46	17clinical social worker or licensed mental health counselor on the basis of the facts and
47	47	18circumstances may determine that hospitalization is necessary and may therefore apply. In an
48	48	19emergency situation, if a physician, qualified psychologist, qualified advanced practice
49	49	20registered nurse, licensed independent clinical social worker or licensed mental health counselor
50	50	21is not available, a police officer who believes that failure to hospitalize a person would create a
51	51	22likelihood of serious harm to self or others may restrain such person and apply for an evaluation
52	52	23of the need for hospitalization of such person for a 3-day period at a public facility or a private
53	53	24facility authorized for such purpose by the department. An application for an evaluation of the
54	54	25need for hospitalization shall state the reasons for the referral and possible restraint of such
55	55	26person and any other relevant information related to the degree of risk for serious harm to self or
56	56	27others that may assist the admitting physician or qualified advanced practice registered nurse.
57	57	28Whenever practicable, prior to transporting such person, the applicant shall telephone or
58	58	29otherwise communicate with a facility to describe the circumstances and known clinical history
59	59	30and to determine whether the facility is the proper facility to receive such person and to give
60	60	31notice of any restraint to be used and to determine whether such restraint is necessary.
61	61	32 SECTION 3. Section 22 of said chapter 123, as so appearing, is hereby amended by
62	62	33inserting after the words “police officers” in line 3 the following words:- , licensed mental health
63	63	34counselors. 3 of 3
64	64	35 SECTION 4. Said section 22 of said chapter 123, as so appearing, is hereby further
65	65	36amended by inserting after the words “police officer” in line 9 the following words:- licensed
66	66	37mental health counselor.