Mass. General Laws c.140 § 131X

Extreme risk protection orders; effect of Secs. 131R to 131Y on ability of law enforcement officer or licensing authority to act pursuant to other lawful authority; jurisdiction of supreme judicial court and appeals court

This is an unofficial version of a Massachusetts General Law. For more information on this topic, please see the page law about mental health issues.

Updates

• Added by St. 2018, c. 123, § 15, effective August 17, 2018
• Amended by St. 2024, c. 135, §§ 81-84, effective October 2, 2024 (Emergency preamble signed by the governor on October 2, 2024)

(a)

Sections 131R to 131Y, inclusive, shall not affect the ability of a law enforcement officer to remove firearms or ammunition from any person or conduct any search and seizure for firearms or ammunition pursuant to other lawful authority.

(b)

Nothing in sections 131R to 131Y, inclusive, shall supersede or limit a licensing authority's ability to suspend or revoke a license to carry firearms or a firearm identification card that the licensing authority has issued pursuant to other lawful authority.

(c)

Sections 131R to 131Y, inclusive, shall not impose any duty on a family or household member to file a petition and no petitioner shall be held criminally or civilly liable for failure to petition.

(d)

Notwithstanding any general or special law, rule or regulation to the contrary, any health care provider duly authorized as a petitioner, upon filing an application or renewal for an extreme risk protection order, may disclose protected health information of the respondent only to the extent necessary for the full investigation and disposition of such application or renewal for an extreme risk protection order. When disclosing protected health information, a health care provider shall make reasonable efforts to limit protected health information to the extent necessary to accomplish the filing of the application or renewal.

(e)

Upon receipt of a petition by any health care provider and for good cause shown, the court may issue orders as may be necessary to obtain any clinical records or any other records or documents relating to diagnosis, prognosis or treatment of the respondent as are necessary for the full investigation and disposition of an application for an extreme risk protection order under this section. All such records and other health information provided shall be sealed by the court.

(f)

The decision of any health care provider to disclose or not to disclose clinical records or other records or documents relating to the diagnosis, prognosis or treatment of a patient pursuant to this subsection, when made reasonably and in good faith, shall not be the basis for any civil or criminal liability with respect to such health care provider; provided, however, that any health care provider duly authorized as a petitioner shall not be subject to civil or criminal liability for failure to petition the court for the issuance or renewal of an extreme risk protection order.

(g)

The supreme judicial court and the appeals court shall have concurrent jurisdiction to review any proceedings held, determinations made, and orders or judgments entered in the court pursuant to section 131S or section 131T. The supreme judicial court or the appeals court, subject to section 13 of chapter 211A, may by rule vary the procedure authorized or required for such review upon a finding that the review by the court will thereby be made more simple, speedy and effective.

Last updated:	July 25, 2024