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SENATE DOCKET, NO. 1122 FILED ON: 1/18/2023
SENATE . . . . . . . . . . . . . . No. 1246
The Commonwealth of Massachusetts
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PRESENTED BY:
Cindy F. Friedman
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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 to provide more timely treatment of inpatient mental health care.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Cindy F. FriedmanFourth MiddlesexRebecca L. RauschNorfolk, Worcester and Middlesex1/24/2023Sal N. DiDomenicoMiddlesex and Suffolk3/9/2023 1 of 3
SENATE DOCKET, NO. 1122 FILED ON: 1/18/2023
SENATE . . . . . . . . . . . . . . No. 1246
By Ms. Friedman, a petition (accompanied by bill, Senate, No. 1246) of Cindy F. Friedman,
Rebecca L. Rausch and Sal N. DiDomenico for legislation to provide more timely treatment of
inpatient mental health care. Mental Health, Substance Use and Recovery.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1284 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act to provide more timely treatment of inpatient mental health care.
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 2 of chapter 123 of the General Laws, as appearing in the 2020
2Official Edition, is hereby amended by striking out, in line 12, the word “and”.
3 SECTION 2. Said section 2 of said chapter 123, as so appearing, is hereby further
4amended by inserting after the word “facilities”, in lines 13 to 14, the following words:- , and (4)
5shall be developed in a manner consistent with available physician resources and in accordance
6with national standards for providing evening and night coverage for hospitals.
7 SECTION 3. Section 5 of said chapter 123, as so appearing, is hereby amended by
8inserting after the third sentence the following sentence:- Such independent medical
9examination, if requested by the indigent person or his counsel, shall be requested not more than 2 of 3
1024 hours after the appointment of counsel and shall be completed within 3 business days after
11such request for the independent medical examination.
12 SECTION 4. Said section 5 of said chapter 123, as so appearing, is hereby further
13amended by striking out, in line 15, the words “unless counsel requests a delay”.
14 SECTION 5. Section 7 of said chapter 123, as so appearing, is hereby amended by
15striking out, in lines 24 and 25, the words “, unless a delay is requested by the person or his
16counsel”.
17 SECTION 6. Said section 7 of said chapter 123, as so appearing, is hereby further
18amended by striking out, in lines 26 to 27, the words “, unless a delay is requested by the person
19or his counsel”.
20 SECTION 7. Section 8B of said chapter 123, as so appearing, is hereby amended by
21striking out, in line 21, the figure “fourteen” and inserting in place thereof the figure:- “5”.
22 SECTION 8. Subsection (d) of section 5-308 of chapter 190B of the General Laws, as
23appearing in the 2020 Official Edition, is hereby amended by inserting after the words “as
24expeditiously as possible”, in line 55, the following words:- ; provided however, for patients in
25inpatient mental health facilities, said hearing shall be conducted within 7 days of the filing of
26the petition and the notice required under subsection (c) of this section shall be adjusted
27accordingly.
28 SECTION 9. Notwithstanding any general or special law, regulation or procedure to the
29contrary, the department of children and families, in conjunction with the office of the child
30advocate, shall develop a facilitated process and time frame for the administration of 3 of 3
31antipsychotic medication for children in their custody who are hospitalized in inpatient
32psychiatric facilities.