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HOUSE DOCKET, NO. 2149 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 2199
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Marjorie C. Decker
_________________
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 ending unnecessary hospitalizations.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Marjorie C. Decker25th Middlesex1/15/2025 1 of 3
HOUSE DOCKET, NO. 2149 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 2199
By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 2199) of
Marjorie C. Decker relative to the involuntary hospitalization. Mental Health, Substance Use
and Recovery.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act ending unnecessary hospitalizations.
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 1 of Chapter 123 of the General Laws is hereby amended by
2inserting the following sentence after the second sentence:-
3 “Community Alternatives,” include but are not limited, to voluntary services provided
4through Mobile Crisis Intervention (MCI), Behavioral Health Urgent Care, and Community
5Crisis Stabilization (CCS) programs and other voluntary services at Community Behavioral
6Health Centers; the MassHealth BH Urgent Care programs, Behavioral Health Helpline, 988
7and peer-run programs.
8 SECTION 2. Section 12 of Chapter 123 of the General Laws is hereby amended by
9striking the first paragraph in subsection (a) and inserting the following paragraph:-
10 (a) Prior to applying for involuntary detention pursuant to this section, a professional or
11police officer authorized to apply for such detention must first determine that there is no
12community alternative appropriate for the person. If the person is appropriate for and consents to 2 of 3
13the community alternative, the professional or police office shall arrange for transport, via
14ambulance or otherwise, to the community alternative. A physician who is licensed pursuant to
15section 2 of chapter 112, an advanced practice registered nurse authorized to practice as such
16under regulations promulgated pursuant to section 80B of said chapter 112, a qualified
17psychologist licensed pursuant to sections 118 to 129, inclusive, of said chapter 112 or a licensed
18independent clinical social worker licensed pursuant to sections 130 to 137, inclusive, of said
19chapter 112 who, after examining a person and after determining that there is no appropriate
20community alternative to involuntary hospitalization, has reason to believe that failure to
21hospitalize such person would create a likelihood of serious harm by reason of mental illness
22may restrain or authorize the restraint of such person and apply for the hospitalization of such
23person for a 3-day period at a public facility or at a private facility authorized for such purposes
24by the department. If an examination is not possible because of the emergency nature of the case
25and because of the refusal of the person to consent to such examination, the physician, qualified
26psychologist, qualified advanced practice registered nurse or licensed independent clinical social
27worker on the basis of the facts and circumstances may, after determining that there is no
28appropriate community alternative to involuntary hospitalization, determine that involuntary
29hospitalization is necessary and may therefore apply. In an emergency situation, if a physician,
30qualified psychologist, qualified advanced practice registered nurse or licensed independent
31clinical social worker is not available, a police officer who, after determining that there is no
32appropriate community alternative to involuntary hospitalization, believes that failure to
33hospitalize a person would create a likelihood of serious harm by reason of mental illness may
34restrain such person and apply for the hospitalization of such person for a 3-day period at a
35public facility or a private facility authorized for such purpose by the department. An application 3 of 3
36for hospitalization shall state the community alternatives to involuntary hospitalization
37determined to be inappropriate, the reasons for the restraint of such person and any other relevant
38information that may assist the admitting physician or qualified advanced practice registered
39nurse. Whenever practicable, prior to transporting such person, the applicant shall telephone or
40otherwise communicate with a facility to describe the circumstances and known clinical history
41and to determine whether the facility is the proper facility to receive such person and to give
42notice of any restraint to be used and to determine whether such restraint is necessary.
43 SECTION 3. Section 12 of Chapter 123 of the General Laws is hereby amended adding
44after subsection (e) the following subsection:-
45 (f) The department shall collect information regarding all applications filed pursuant to
46this section, including the number of applications and other such information as may be relevant,
47including, but not limited to, information on the age, gender identity, race, ethnicity, insurance
48status, and diagnosis of individuals subject to an application. The department shall annually, not
49later than July 31, report to the house and senate committees on ways and means, joint
50committee on public health and the joint committee on mental health, substance use and recovery
51the number of applications pursuant to said section 12, other information as may be relevant, and
52any actions the department has taken in response to the information it has received, including any
53licensing actions.