Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2219 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 1 of 1
22 HOUSE DOCKET, NO. 1470 FILED ON: 1/15/2025
33 HOUSE . . . . . . . . . . . . . . . No. 2219
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Kathleen R. LaNatra
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act expanding access to mental health services and strengthening risk assessment protocols.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Kathleen R. LaNatra12th Plymouth1/15/2025Michelle L. Badger1st Plymouth2/9/2025Michael D. BradySecond Plymouth and Norfolk2/6/2025Patrick Joseph Kearney4th Plymouth2/3/2025Michael O. MooreSecond Worcester3/6/2025 1 of 3
1616 HOUSE DOCKET, NO. 1470 FILED ON: 1/15/2025
1717 HOUSE . . . . . . . . . . . . . . . No. 2219
1818 By Representative LaNatra of Kingston, a petition (accompanied by bill, House, No. 2219) of
1919 Kathleen R. LaNatra and others for legislation to expand access to mental health services and
2020 strengthen risk assessment protocols. Mental Health, Substance Use and Recovery.
2121 The Commonwealth of Massachusetts
2222 _______________
2323 In the One Hundred and Ninety-Fourth General Court
2424 (2025-2026)
2525 _______________
2626 An Act expanding access to mental health services and strengthening risk assessment protocols.
2727 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2828 of the same, as follows:
2929 1 SECTION 1. Section 12 of chapter 123 of the General Laws, as appearing in the 2020
3030 2Official Edition, is hereby amended by striking out subsection (a) and inserting in place thereof
3131 3the following subsection:-
3232 4 (a) A physician who is licensed pursuant to section 2 of chapter 112, an advanced
3333 5practice registered nurse authorized to practice as such under regulations promulgated pursuant
3434 6to section 80B of said chapter 112, a qualified psychologist licensed pursuant to sections 118 to
3535 7129, inclusive, of said chapter 112, a licensed independent clinical social worker licensed
3636 8pursuant to sections 130 to 137, inclusive, of said chapter 112, or a licensed mental health
3737 9counselor licensed pursuant to section 165 of chapter 112 who, after examining a person and
3838 10evaluating the risk of serious harm, has reason to believe that failure to hospitalize such person
3939 11would create a likelihood of serious harm to themselves or others by reason of mental health
4040 12issues may restrain or authorize the restraint of such person and apply for the hospitalization of 2 of 3
4141 13such person for a 3-day period at a public facility or at a private facility authorized for such
4242 14purposes by the department. If an examination is not possible because of the emergency nature of
4343 15the case and because of the refusal of the person to consent to such examination, the physician,
4444 16qualified psychologist, qualified advanced practice registered nurse, licensed independent
4545 17clinical social worker or licensed mental health counselor on the basis of the facts and
4646 18circumstances may determine that hospitalization is necessary and may therefore apply. In an
4747 19emergency situation, if a physician, qualified psychologist, qualified advanced practice
4848 20registered nurse, licensed independent clinical social worker or licensed mental health counselor
4949 21is not available, a police officer who believes that failure to hospitalize a person would create a
5050 22likelihood of serious harm to self or others may restrain such person and apply for an evaluation
5151 23of the need for hospitalization of such person for a 3-day period at a public facility or a private
5252 24facility authorized for such purpose by the department. An application for an evaluation of the
5353 25need for hospitalization shall state the reasons for the referral and possible restraint of such
5454 26person and any other relevant information related to the degree of risk for serious harm to self or
5555 27others that may assist the admitting physician or qualified advanced practice registered nurse.
5656 28Whenever practicable, prior to transporting such person, the applicant shall telephone or
5757 29otherwise communicate with a facility to describe the circumstances and known clinical history
5858 30and to determine whether the facility is the proper facility to receive such person and to give
5959 31notice of any restraint to be used and to determine whether such restraint is necessary.
6060 32 SECTION 3. Section 22 of said chapter 123, as so appearing, is hereby amended by
6161 33inserting after the words “police officers” in line 3 the following words:- , licensed mental health
6262 34counselors. 3 of 3
6363 35 SECTION 4. Said section 22 of said chapter 123, as so appearing, is hereby further
6464 36amended by inserting after the words “police officer” in line 9 the following words:- licensed
6565 37mental health counselor.