SENATE . . . . . . . . . . . . . . No. 2785
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
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SENATE, May 30, 2024.
The committee on Mental Health, Substance Use and Recovery, to whom was referred
the petitions (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; and (accompanied by bill, House, No. 1994) of Kay Khan, Samantha Montaño and
Rebecca L. Rausch relative to inpatient mental health care treatment, report the accompanying
bill (Senate, No. 2785).
For the committee,
John C. Velis 1 of 2
FILED ON: 5/15/2024
SENATE . . . . . . . . . . . . . . No. 2785
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
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. Chapter 123 of the General Laws, as appearing in the 2022 Official Edition,
2is hereby amended by inserting after section 12 the following section:-
3 Section 12 ½. (a) The following words as used in this section shall have the following
4meanings:
5 “Immediate, substantial and irreversible deterioration”, a situation in which a
6person’s condition: (i) significantly impairs their functioning; (ii) is expected to cause significant
7harm to others or is expected to cause harm to the person that is likely not to be fully remediable
8or is likely to decrease the likelihood of full recovery; and (iii) is expected to not improve or to
9worsen within 72 hours without treatment.
10 “Serious mental illness”, a substantial disorder of thought, mood, perception,
11orientation or memory which grossly impairs judgment, behavior or capacity to recognize reality
12or ability to meet the ordinary demands of life, but shall not include alcoholism or substance use
13as defined in section 35 of chapter 123. 2 of 2
14 (b) For a person committed pursuant to sections 7, 8, 10, 11, 12, 15, 16 or 18, or
15during the pendency of a petition for commitment who is reasonably believed to be incompetent
16to give informed consent to psychiatric treatment for a serious mental illness, until such time as
17the person no longer meets these criteria or the court has adjudicated the case by authorizing
18treatment with antipsychotic medications or such other medical treatment as may be necessary
19for the treatment of mental illness, the right to refuse such treatment may be overridden prior to
20an adjudication of incompetence and court approval of a treatment plan in circumstances only to
21prevent an immediate, substantial and irreversible deterioration of the person’s mental illness. If
22treatment is to be continued over the person’s objection, and providers reasonably believe the
23person remains incompetent, then the process for adjudication of competency and court approval
24of a treatment plan must be initiated and continued in good faith. Such treatment must be
25approved by a physician who is licensed pursuant to section 2 of chapter 112.
26 Notwithstanding any general or special law to the contrary, any health care professional,
27provider, acute care hospital, inpatient psychiatric facility or any other type of health care facility
28shall not be liable for any damages alleged to have been sustained by an act or omission by the
29health care professional or facility in the course of providing, or attempting to provide, good
30faith health care services under this section unless such acts or omissions constitute gross
31negligence or willful or wanton misconduct.