104 CMR, § 27.07

Current through Register 1536, December 6, 2024

Section 27.07 - Three-day Involuntary Commitment

(1) No person shall be admitted to a facility upon application for involuntary hospitalization pursuant to M.G.L. c. 123, § 12, unless the person, or his or her legally authorized representative, has been given the opportunity by the facility to apply for admission under M.G.L. c. 123, §§ 10 and 11. For a patient 16 or 17 years of age, this opportunity must be given to both the patient and his or her legally authorized representative. The right to convert to voluntary or conditional voluntary status may be exercised by a patient or his or her legally authorized representative at any time within the three-day period. A mental health professional responsible for the patient admitted pursuant to M.G.L. c. 123, § 12 shall again inform the patient or legally authorized representative, within three days of admission, of the right to change status, and shall record so, informing the patient or the legally authorized representative in the patient's record.

(2)Examination Prior to Admission. Persons for whom application has been made for three-day involuntary hospitalization pursuant to M.G.L. c. 123, § 12, and who have not been examined by a designated clinician prior to reception at the admitting facility, shall receive such examination immediately after reception at such facility. If the clinician determines that failure to hospitalize such person would create a likelihood of serious harm by reason of mental illness, he or she may admit such person to the facility for care and treatment.

(a) For the purposes of 104 CMR 27.07(2), "immediately" shall mean within two hours of the patient's reception at the facility.

(b) If the designated clinician at the facility is engaged in an emergency situation elsewhere, he or she shall conduct such an examination as soon as such emergency no longer requires his or her attention.

(c) The requirement for examination may be satisfied through utilization of telemedicine or other technology pursuant to protocols approved by the Department that assure verbal and visual observation and communication between the patient and an off-premises designated clinician and adequate on-premises clinical staff; provided however, that a patient admitted involuntarily pursuant to M.G.L. c. 123, § 12(b), or who is determined to have capacity to be admitted under conditional voluntary status pursuant to M.G.L. c. 123, §§ 10 and 11, and has been so admitted after an examination conducted via telemedicine, shall be examined by a designated clinician as soon as possible and no later than the next calendar day following the admission.

(3) Upon admission of a person to a facility pursuant to M.G.L. c. 123, § 12(b), the facility shall inform the person and his or her legally authorized representative that it shall, upon request, notify the Committee for Public Counsel Services of the person's name and location, upon which notice the Committee will appoint an attorney to meet with the person.

(4)Emergency Hearing. The facility shall inform a patient admitted pursuant to M.G.L. c. 123, § 12(b) and his or her legally authorized representative of the right to request an emergency court hearing if his or her legally authorized representative has reason to believe that the admission is the result of an abuse or misuse of the provisions of M.G.L. c. 123, § 12(b). The facility shall, upon request, provide the patient and his or her legally authorized representative with the form that may be used to request such a hearing and shall take steps to transmit any such completed forms to the court in accordance with the requirements of the court with jurisdiction over the facility.