H1801 — An Act to provide continuum of care for severe mental illness

Summary

An Act to provide continuum of care for severe mental illness

Bill Text

• Full text Current

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The bill amends chapter 123 of the General Laws to establish definitions and procedures for critical community mental health services and treatment plans.

• Section 1

  “Critical community mental health services”, health, behavioral health and social services that can be provided in a community setting and do not require continuous inpatient hospitalization.

  Defines 'Critical community mental health services' to facilitate treatment in community settings.

• Section 1

  “Critical community mental health service treatment plan”, a plan defining a set of health, behavioral health or social services delivered to an individual.

  Establishes a definition for 'Critical community mental health service treatment plan'.

• Section 1

  “Gravely disabled”, a condition evidenced by behavior in which a person, as a result of a severe mental illness, is at substantial risk of inflicting serious harm to self or others, or is in danger of serious demonstrates psychosis; and has shown an inability to provide for his or her basic physical needs, including medical and psychiatric treatment and shelter, and live safely in the community because of the severe mental illness.

  Defines 'Gravely disabled' to identify individuals needing critical mental health services.

• Section 1

  “Supervising mental health professional”, a mental health services provider who is required pursuant to such practice to obtain a license from the commonwealth or who, at the discretion of the court, is deemed suitable to supervise a critical community mental health service treatment plan.

  Defines 'Supervising mental health professional' to clarify who is qualified to oversee treatment plans.

• Section 8 1/2

  Any physician licensed pursuant to section 2 of chapter 112, the department of mental health, the superintendent of a medical facility or residence where the individual receives medical care, or the medical director of the Bridgewater state hospital, qualified health professionals, or the spouse, blood relative, legal relative, legal guardian, any responsible adult or individual partner in a substantive relationship, a parole officer or probation officer assigned to supervise the subject of the petition, shall be authorized to petition for an order of a critical community mental health service treatment plan in the district court where a facility is located that shall provide such services, for any individual who: ...

  Authorizes various individuals and professionals to petition for a critical community mental health service treatment plan in district court.

• Section 8 1/2

  The petition shall include a written critical community mental health service treatment plan prepared in consultation with, when possible, those familiar with the individual, the superintendent or physician in charge of the care of the individual or those familiar with the case history of the individual.

  Requires a written treatment plan to be included with petitions for critical community mental health services.

• Section 8 1/2

  A court may not issue a critical community mental health service treatment plan unless it finds that providing critical community mental health services is the least restrictive alternative available to the person.

  Establishes that courts must determine the least restrictive treatment option before ordering community mental health services.

• Section 8 1/2

  If, after the hearing, the court finds by clear and convincing evidence that the individual who is the subject of the petition meets the criteria for critical community mental health services included in subsection (a), the court may order the supervising mental health professional of an appropriate treatment program to supervise the plan for such services.

  Allows courts to order the supervision of treatment plans for individuals meeting specific criteria.

• Section 8 1/2

  The first order for critical community mental health services shall not exceed 180 days, and any subsequent order shall not exceed 365 days.

  Sets time limits for initial and subsequent orders of critical community mental health services.

• Section 8 1/2

  Nothing in this section shall prevent the supervising mental health professional from authorizing involuntary commitment and treatment in cases of emergency under section 12 of this chapter.

  Clarifies that involuntary commitment can still occur under emergency circumstances.

• Section 9

  Any person may apply to the court stating their belief that an individual currently receiving critical community

  Allows any person to apply to court regarding individuals receiving critical community mental health services.

Sponsors

• Jr. Bradley H. Jones · Primary

Subjects