Section 10. (a) Pursuant to departmental regulations on admission procedures, the superintendent may receive and retain on a voluntary basis any person providing the person is in need of care and treatment and providing the admitting facility is suitable for such care and treatment. The application may be made (1) by a person who has […]
[See Order of the Commissioner of Public Health, dated April 3, 2020, (2019 MA EO H20-22) related to the COVID-19 State of Emergency, for potential impact on the terms of this section.] Section 11. Any person retained in a facility under the provisions of paragraph (a) of section 10 shall be free to leave such […]
[See Order of the Commissioner of Public Health, dated April 3, 2020, (2019 MA EO H20-22) related to the COVID-19 State of Emergency, for potential impact on the terms of this section.] Section 12. (a) A physician who is licensed pursuant to section 2 of chapter 112, an advanced practice registered nurse authorized to practice […]
Section 13. If the superintendent of any facility determines that failure to retain a male resident therein in strict security would create a likelihood of serious harm by reason of mental illness and that the person’s violent behavior constitutes an emergency, he may, with the consent of the commissioner, transfer the person to the Bridgewater […]
Section 14. Whenever the medical director of the Bridgewater state hospital certifies that the failure to retain any person in strict security would not create a likelihood of serious harm by reason of mental illness but that such person is in need of further care and treatment in a facility, he shall request the commission […]
Section 15. (a) Whenever a court of competent jurisdiction doubts whether a defendant in a criminal case is competent to stand trial or is criminally responsible by reason of mental illness or mental defect, it may at any stage of the proceedings after the return of an indictment or the issuance of a criminal complaint […]
Section 16. (a) The court having jurisdiction over the criminal proceedings may order that a person who has been found incompetent to stand trial or not guilty by reason of mental illness or mental defect in such proceedings be hospitalized at a facility for a period of forty days for observation and examination; provided that, […]
Section 17. (a) The periodic review of a person found incompetent to stand trial shall include a clinical opinion with regard to the person’s competence to stand trial, which opinion shall be noted in writing on the patient’s record. If any person found incompetent to stand trial is determined by the superintendent of the facility […]
Section 18. (a) If the person in charge of any place of detention within the commonwealth has reason to believe that a person confined therein is in need of hospitalization by reason of mental illness at a facility of the department or at the Bridgewater state hospital, he shall cause such prisoner to be examined […]
Section 18A. A person who is a resident in a facility of the department of mental health or in the Bridgewater state hospital and who has funds held in trust for him by the department of mental health or the department of correction, shall contribute toward the cost of any counsel appointed pursuant to chapter […]
Section 19. In order to determine the mental condition of any party or witness before any court of the commonwealth, the presiding judge may, in his discretion, request the department to assign a qualified physician or psychologist, who, if assigned shall make such examinations as the judge may deem necessary.
Section 2. The department shall, in accordance with section two of chapter thirty A and subject to appropriation, adopt regulations consistent with this chapter which establish procedures and the highest practicable professional standards for the reception, examination, treatment, restraint, transfer and discharge of mentally ill persons in departmental facilities. Said regulations shall be adaptable to […]
Section 20. (a) The governor may upon demand deliver to the executive of any other state any person who has escaped from an institution for the mentally ill to which he has been committed under the laws of such state, and who may be dangerous to the safety of the public, or may upon application […]
[See Order of the Commissioner of Public Health, dated April 3, 2020, (2019 MA EO H20-22) related to the COVID-19 State of Emergency, for potential impact on the terms of this section.] Section 21. Any person who transports a person with a mental illness to or from a facility for any purpose authorized under this […]
[See Order of the Commissioner of Public Health, dated April 3, 2020, (2019 MA EO H20-22) related to the COVID-19 State of Emergency, for potential impact on the terms of this section.] Section 22. Physicians, qualified advanced practice registered nurses, qualified psychologists, qualified psychiatric nurse mental health clinical specialists, police officers and licensed independent clinical […]
Section 23. This section sets forth the statutory rights of all persons regardless of age receiving services from any program or facility, or part thereof, operated by, licensed by or contracting with the department of mental health, including persons who are in state hospitals or community mental health centers or who are in residential programs […]
Section 23A. (a) For purposes of this section the following words shall have the following meanings: ”Non–English speaker”, a person who cannot speak or understand, or has difficulty with speaking or understanding, the English language because the speaker primarily or only uses a spoken language other than English. ”Competent interpreter services”, interpreter services performed by […]
Section 24. No person shall be deemed to be incompetent to manage his affairs, to contract, to hold professional or occupational or vehicle operators licenses or to make a will solely by reason of his admission or commitment in any capacity to the treatment or care of the department or to any public or private […]
Section 25. In addition to the periodic review under section four of this chapter, whenever the superintendent has reason to believe that a person who has been under the care of the department as an inpatient or resident for more than six months, who is not under guardianship or conservatorship, is unable to care for […]
Section 26. (a) The superintendent may deposit in any bank organized and existing under the laws of the commonwealth funds belonging to persons who are inpatients or residents at such facility, funds deposited by relatives or friends of such persons, and other funds belonging to such persons except that independent funds shall only be deposited […]
