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