Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2199 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2149 FILED ON: 1/15/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2199
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 ending unnecessary hospitalizations.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Marjorie C. Decker25th Middlesex1/15/2025 1 of 3
16	16	HOUSE DOCKET, NO. 2149 FILED ON: 1/15/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2199
18	18	By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 2199) of
19	19	Marjorie C. Decker relative to the involuntary hospitalization. Mental Health, Substance Use
20	20	and Recovery.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act ending unnecessary hospitalizations.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 1 of Chapter 123 of the General Laws is hereby amended by
30	30	2inserting the following sentence after the second sentence:-
31	31	3 “Community Alternatives,” include but are not limited, to voluntary services provided
32	32	4through Mobile Crisis Intervention (MCI), Behavioral Health Urgent Care, and Community
33	33	5Crisis Stabilization (CCS) programs and other voluntary services at Community Behavioral
34	34	6Health Centers; the MassHealth BH Urgent Care programs, Behavioral Health Helpline, 988
35	35	7and peer-run programs.
36	36	8 SECTION 2. Section 12 of Chapter 123 of the General Laws is hereby amended by
37	37	9striking the first paragraph in subsection (a) and inserting the following paragraph:-
38	38	10 (a) Prior to applying for involuntary detention pursuant to this section, a professional or
39	39	11police officer authorized to apply for such detention must first determine that there is no
40	40	12community alternative appropriate for the person. If the person is appropriate for and consents to 2 of 3
41	41	13the community alternative, the professional or police office shall arrange for transport, via
42	42	14ambulance or otherwise, to the community alternative. A physician who is licensed pursuant to
43	43	15section 2 of chapter 112, an advanced practice registered nurse authorized to practice as such
44	44	16under regulations promulgated pursuant to section 80B of said chapter 112, a qualified
45	45	17psychologist licensed pursuant to sections 118 to 129, inclusive, of said chapter 112 or a licensed
46	46	18independent clinical social worker licensed pursuant to sections 130 to 137, inclusive, of said
47	47	19chapter 112 who, after examining a person and after determining that there is no appropriate
48	48	20community alternative to involuntary hospitalization, has reason to believe that failure to
49	49	21hospitalize such person would create a likelihood of serious harm by reason of mental illness
50	50	22may restrain or authorize the restraint of such person and apply for the hospitalization of such
51	51	23person for a 3-day period at a public facility or at a private facility authorized for such purposes
52	52	24by the department. If an examination is not possible because of the emergency nature of the case
53	53	25and because of the refusal of the person to consent to such examination, the physician, qualified
54	54	26psychologist, qualified advanced practice registered nurse or licensed independent clinical social
55	55	27worker on the basis of the facts and circumstances may, after determining that there is no
56	56	28appropriate community alternative to involuntary hospitalization, determine that involuntary
57	57	29hospitalization is necessary and may therefore apply. In an emergency situation, if a physician,
58	58	30qualified psychologist, qualified advanced practice registered nurse or licensed independent
59	59	31clinical social worker is not available, a police officer who, after determining that there is no
60	60	32appropriate community alternative to involuntary hospitalization, believes that failure to
61	61	33hospitalize a person would create a likelihood of serious harm by reason of mental illness may
62	62	34restrain such person and apply for the hospitalization of such person for a 3-day period at a
63	63	35public facility or a private facility authorized for such purpose by the department. An application 3 of 3
64	64	36for hospitalization shall state the community alternatives to involuntary hospitalization
65	65	37determined to be inappropriate, the reasons for the restraint of such person and any other relevant
66	66	38information that may assist the admitting physician or qualified advanced practice registered
67	67	39nurse. Whenever practicable, prior to transporting such person, the applicant shall telephone or
68	68	40otherwise communicate with a facility to describe the circumstances and known clinical history
69	69	41and to determine whether the facility is the proper facility to receive such person and to give
70	70	42notice of any restraint to be used and to determine whether such restraint is necessary.
71	71	43 SECTION 3. Section 12 of Chapter 123 of the General Laws is hereby amended adding
72	72	44after subsection (e) the following subsection:-
73	73	45 (f) The department shall collect information regarding all applications filed pursuant to
74	74	46this section, including the number of applications and other such information as may be relevant,
75	75	47including, but not limited to, information on the age, gender identity, race, ethnicity, insurance
76	76	48status, and diagnosis of individuals subject to an application. The department shall annually, not
77	77	49later than July 31, report to the house and senate committees on ways and means, joint
78	78	50committee on public health and the joint committee on mental health, substance use and recovery
79	79	51the number of applications pursuant to said section 12, other information as may be relevant, and
80	80	52any actions the department has taken in response to the information it has received, including any
81	81	53licensing actions.