Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1980 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3255 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1980
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Marjorie C. Decker
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 relative to ending unnecessary hospitalizations and reducing emergency department
13	13	boarding.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Marjorie C. Decker25th Middlesex1/13/2023Lindsay N. Sabadosa1st Hampshire1/20/2023 1 of 4
17	17	HOUSE DOCKET, NO. 3255 FILED ON: 1/20/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 1980
19	19	By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 1980) of
20	20	Marjorie C. Decker and Lindsay N. Sabadosa relative to the involuntary hospitalization of
21	21	individuals if no less restrictive alternatives exist to reduce the likelihood of serious harm by
22	22	reason of mental illness. Mental Health, Substance Use and Recovery.
23	23	[SIMILAR MATTER FILED IN PREVIOUS SESSION
24	24	SEE HOUSE, NO. 3962 OF 2021-2022.]
25	25	The Commonwealth of Massachusetts
26	26	_______________
27	27	In the One Hundred and Ninety-Third General Court
28	28	(2023-2024)
29	29	_______________
30	30	An Act relative to ending unnecessary hospitalizations and reducing emergency department
31	31	boarding.
32	32	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
33	33	of the same, as follows:
34	34	1 SECTION 1. Section 12 of chapter 123 of the General Laws, as appearing in the 2020
35	35	2Official Edition, is hereby amended by striking out subsection (a) and inserting in place thereof
36	36	3the following subsection:-
37	37	4 (a) (i) For the purposes of this subsection, “mental health professional” shall, unless the
38	38	5context clearly requires otherwise, mean a physician who is licensed pursuant to section 2 of
39	39	6chapter 112; a qualified psychologist licensed pursuant to sections 118 to 129, inclusive, of said
40	40	7chapter 112; a qualified psychiatric nurse mental health clinical specialist authorized to practice
41	41	8as such under regulations promulgated pursuant to section 80B of said chapter 112; a nurse
42	42	9authorized to practice in advanced practice nursing by the board of registration in nursing 2 of 4
43	43	10pursuant to said section 80B of said chapter 112; a licensed independent clinical social worker
44	44	11licensed pursuant to sections 130 to 137, inclusive, of said chapter 112; or other less restrictive
45	45	12and voluntary community mental health services.
46	46	13 (ii) A mental health professional may only seek involuntary hospitalization of an
47	47	14individual if no less restrictive alternative exists to reduce the likelihood of serious harm by
48	48	15reason of mental illness, as defined in section 1. To prevent unnecessary hospitalization, a mental
49	49	16health professional shall exhaust community-based treatment alternatives, including, but not
50	50	17limited to: (i) the nationally-mandated 988 Suicide and Crisis Lifeline; (ii) the Behavioral Health
51	51	18Help Line of the Roadmap for Behavioral Health Reform; (iii) services offered through
52	52	19Community Behavioral Health Centers including mobile crisis intervention, behavioral health
53	53	20urgent care, and community crisis stabilization; (iv) peer respite and other peer-run alternatives
54	54	21to emergency department visits and hospitalization; (v) Children’s Behavioral Health Initiative
55	55	22(CBHI) or Behavioral Health Services for Children and Adolescents (BHCA) services; (v)
56	56	23family supports; and (vi) technologically-supported behavioral health services, prior to seeking
57	57	24involuntary transportation, restraint and hospitalization pursuant to this section. The mental
58	58	25health professional shall document on the application for hospitalization that the mental health
59	59	26professional has exhausted community-based alternatives, the reasons for the restraint of such
60	60	27person and any other relevant information that may assist the admitting physician or physicians.
61	61	28 If the mental health professional has exhausted all community-based alternatives to
62	62	29reduce the likelihood of serious harm by reason of mental illness, the mental health professional,
63	63	30after examining a person or, in the event that examination is not possible because of the
64	64	31emergency nature of the case and because of the refusal of the person to consent to such
65	65	32examination, based on the facts and circumstances, may complete an application for evaluation 3 of 4
66	66	33and treatment, which shall authorize law enforcement officers, as defined in section 1 of chapter
67	67	346E, or emergency medical technicians to transport the individual to the regional crisis
68	68	35stabilization program.
69	69	36 In an emergency if a mental health professional is not available to evaluate the individual
70	70	37for involuntary hospitalization, a law enforcement officer, who believes that failure to restrain a
71	71	38person would create a likelihood of serious harm by reason of mental illness shall take the
72	72	39individual directly to the nearest Community Behavioral Health Center for evaluation and
73	73	40treatment. If the director of the Community Behavioral Health Center or designee determines and
74	74	41documents, after a personal evaluation, that the Community Behavioral Health Center is unable
75	75	42to prevent the individual from harming themself or others, or if the individual does not agree to
76	76	43accept treatment voluntarily through the crisis stabilization program, the law enforcement officer
77	77	44or emergency medical technician may transport the person directly to the nearest inpatient
78	78	45psychiatric facility with a bed available, utilizing the centralized database established pursuant to
79	79	46section 12A. The individual may only be transported to a hospital emergency department if there
80	80	47is no availability within a 30-mile radius of the initial restraint.
81	81	48 If there is no availability at an inpatient psychiatric facility, and the individual is
82	82	49transported to an emergency department of a general hospital, then within 12 hours of arrival at
83	83	50the emergency department, the person shall be informed of their right to speak with an attorney
84	84	51and to request a probable cause hearing. The emergency department staff shall provide the
85	85	52individual with notice of their rights pursuant to this section and, if the person requests counsel,
86	86	53shall promptly contact the mental health litigation division of the committee for public counsel
87	87	54services to request appointment of counsel in accordance with chapter 211D. The committee for
88	88	55public counsel services shall appoint counsel forthwith. 4 of 4
89	89	56 Any individual who remains in an emergency department for 48 hours from the time of
90	90	57arrival shall be entitled to a probable cause hearing upon request to determine if the person meets
91	91	58the criteria for emergency detention. The hearing shall be held by the district or municipal court
92	92	59with jurisdiction over the hospital no later than the next business day. The hearing shall be
93	93	60conducted at the hospital where the individual is admitted, with all participants attending either
94	94	61in-person or virtually.
95	95	62 SECTION 2. Said section 12 of said chapter 123, as so appearing, is hereby further
96	96	63amended by adding the following subsection:-
97	97	64 (f) The department shall collect information regarding all applications pursuant to this
98	98	65section. The department shall annually, not later than July 31, report to the house and senate
99	99	66committees on ways and means, joint committee on public health and the joint committee on
100	100	67mental health, substance use and recovery the number of applications pursuant to said section 12,
101	101	68such other information as may be relevant, and any actions the department has taken in response
102	102	69to the information it has received, including any licensing actions.
103	103	70 SECTION 3. Said chapter 123 of the General Laws is hereby amended by inserting after
104	104	71section 12 the following section:-
105	105	72 Section 12A. The department shall establish and maintain a database of inpatient
106	106	73psychiatric facilities licensed pursuant to section 19 of chapter 19 within the Commonwealth for
107	107	74use by law enforcement officers, as defined in section 1 of chapter 6E, emergency medical
108	108	75technicians and healthcare professionals. The database shall be updated daily and show available
109	109	76capacity at all inpatient psychiatric facilities.