The Commonwealth of Massachusetts
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PETITION OF:
The Commonwealth of Massachusetts
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PETITION OF:
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In the Year Two Thousand and Seven.
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An Act relative to the treatment of mentally ill patients in emergency room facilities. . |
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 19 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking Section 19(a) and in place thereof the following language:-
Section 19(a). The department shall issue for a term of two years, and may renew for like terms, a license, subject to revocation by it for cause, to any private, county, or municipal facility or department or ward of any such facility which offers to the public residential or day care or emergency services and is represented as providing treatment of persons who are mentally ill and which is deemed by it to be responsibly and suitable to meet applicable licensure standards and requirements except that: (1) the department may license those facilities providing care but not treatment of persons who are mentally ill, and (2) licensing by the department is not required where such residential or day care or emergency treatment is provided within an institution or facility licensed by the department of public health under the provisions of chapter one hundred and eleven unless such services are provided on an involuntary basis and (3) the department’s authority over emergency services shall extend only to psychiatric emergency services or beds within general emergency departments specifically designated for psychiatric and/or substance abuse patients. Whether or not a license is issued under clause (1), the department shall make regulations for operations of such facilities. The department may grant the type of license, which it deems suitable for the facility, department, or ward. The department shall fix reasonable fees for licenses and renewal thereof. In promulgating licensing requirements for emergency services, the department shall ensure the provision of safe and effective care to, and protect the dignity of, individuals with psychiatric disorders and/or behavioral issues in hospital emergency departments; such requirements shall be consistent with evidence based practices and best practices in the fields of mental health, trauma-informed consent, and emergency medical services, and shall be revised periodically so as to remain current with such fields. In the promulgation of such requirements, the department shall seek input from consumer advocate groups included but not limited to M-Power Inc., the Center for Public Representation, the Mental Health Legal Advisors Committee, and the Disability Law Center, as well as from the Massachusetts Hospital Association, the Massachusetts College of Emergency Medicine and the Massachusetts Emergency Nurses Association.