Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1976 Compare Versions

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22 HOUSE DOCKET, NO. 4075 FILED ON: 1/20/2023
33 HOUSE . . . . . . . . . . . . . . . No. 1976
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Michael S. Day, (BY REQUEST)
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act to improve the quality of mental health services, and rights of patients, by providing for
1313 sufficient privacy..
1414 _______________
1515 PETITION OF:
1616 NAME:DISTRICT/ADDRESS :DATE ADDED:Vincent L. Dixon60 Lake St. Unit N Winchester
1717 Massachusetts 01890
1818 1/20/2023 1 of 2
1919 HOUSE DOCKET, NO. 4075 FILED ON: 1/20/2023
2020 HOUSE . . . . . . . . . . . . . . . No. 1976
2121 By Representative Day of Stoneham (by request), a petition (accompanied by bill, House, No.
2222 1976) of Vincent L. Dixon for legislation to improve the quality of mental health services and
2323 rights of patients by providing for sufficient privacy. Mental Health, Substance Use and
2424 Recovery.
2525 The Commonwealth of Massachusetts
2626 _______________
2727 In the One Hundred and Ninety-Third General Court
2828 (2023-2024)
2929 _______________
3030 An Act to improve the quality of mental health services, and rights of patients, by providing for
3131 sufficient privacy..
3232 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3333 of the same, as follows:
3434 1 SECTION 1. The Massachusetts General Laws are hereby amended by inserting the
3535 2following new chapter:
3636 3 1.) An Act to improve the quality of mental health services, and rights of patients, by
3737 4providing for sufficient privacy.
3838 5 2.) All individuals, who present themselves, for mental health services, and/or are
3939 6admitted for such services, and/or assessment, shall be entitled to a specific private intake room,
4040 7or physical space, where only they, medical staff, and relevant security, may hear any intake,
4141 8and/or treatment conversations. 2 of 2
4242 9 3.) These provisions, may not be waivered, except in extreme emergency circumstances;
4343 10which shall be specifically noted, and recorded in a medical record, and the reasons therefore, by
4444 11responsible medical, and intake staff.
4545 12 4.) In the context, of significant, and substantial reductions in funding, for various
4646 13medical services, including mental health services, it has occurred that patients being seen for
4747 14intake, and/or treatment, have been seen in open wards, and/or emergency general settings,
4848 15without privacy. This can have various effects, in denying privacy, diminishing the provision of
4949 16needed information between medical staff, and actual or potential patients, compromising
5050 17important treatment discussions; and/or discouraging various forms of intake, by individuals,
5151 18who are concerned about risks of disclosure.
5252 19 5.) It is in the interests of public policy, that such inherent violations, of needed
5353 20confidentiality, be reduced, and/or eliminated to the extent possible, by various measures.
5454 21 6.) The Massachusetts Department of Public Health (DPH), and its Public Health Council
5555 22(PHC), are hereby authorized to develop, establish, and enforce the needed regulations, to carry
5656 23out the intent of this legislation.