DMH Proposed Regulations

Department of Mental Health Proposed Regulations

The following is a list of notices, by date of publication, for proposed Department of Mental Health regulations. Click on a link to view the corresponding notice and proposed red-line of the regulation.

All persons interested in submitting comments on the proposed regulations may do so in writing by the date indicated in the notice. Refer to the full notice for the mailing address for submitting comments. DMH is not required to respond to comments; however, all comments received by the date indicated in the notice will be reviewed and considered.

The date published is the date the notice appeared in the newspaper and marks the beginning of the 21-day public-comment period, pursuant to M.G.L. c. 30A, s. 3.

Notice of Proposed Regulations

February 2, 2024

The Department of Mental Health is proposing an amendment to regulation 104 CMR 33.00 (104 CMR 33.03(20)) to implement recent amendment to GL. ch. 123 §18(a), inserting new §18(a)1/2, which permits the Court to transfer incarcerated individuals to facilities of the Department of Mental Health or to Bridgewater State Hospital under specified circumstances.  The Trial Court has issued a form order for such transfers that requires a “a qualified advanced practice registered nurse, physician, or psychologist” to examine the individual and report to the Court in writing their opinion, supported by clinical findings.  Pursuant to GL. ch 123 §1, “qualified” clinicians are those who are “designated by and meet qualifications required by the regulations of” DMH.  The proposed regulation establishes the process for such designation and sets qualifications for clinicians authorized to perform the 18(a)1/2 evaluations ordered by the Court.

December 29, 2022

Notice of Emergency Regulation 104 CMR 29.00 Application for DMH Services, Referral, Service Planning and Appeals
Emergency regulation was promulgated and effective on December 22, 2022.

Pursuant to its regulatory authority under M.G.L. ch. 123, the Department of Mental Health has promulgated emergency regulations that demonstrate the Commonwealth’s commitment to compliance with requirements of the federal Preadmission Screening and Resident Review (PASRR) process and its efforts to assure placement of such individuals in the least restrictive setting appropriate to their needs.

April 28, 2022

104 CMR 28.00 Licensing and Operational Standards for Community Services. The proposed amendment inserts a new Subpart C which sets for licensing requirements for a new level of care, Community Crisis Stabilization (CCS), that has been developed by DMH and MassHealth. CCS is part of the restructured 24/7 community-based crisis intervention services that is an integral component of the Community Behavioral Health Center (CBHC) Programs currently being procured to benefit MassHealth members. CBHCs will serve as hubs of coordinated and integrated mental health and substance use disorder treatment for MassHealth members of all ages and will provide routine and urgent outpatient services, crisis services for adults and youth, and community crisis stabilization services for adults and youth. The proposed amendments also update provisions for prevention of restraint, increased attention to needs of a diverse population of persons served and several technical amendments. 

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