Legal Authority: Chapter 208, Section 104 of the Acts of 2018
Purpose: Study the efficacy of involuntary inpatient treatment for non-court involved individuals diagnosed with substance use disorder. The commission shall: (a) review medical literature and expert opinions on the long-term relapse rates of individuals diagnosed with substance use disorder following involuntary inpatient treatment including: (1) the differences in outcomes for coerced and non-coerced patients, (2) any potential increased risk of an individual suffering a fatal overdose following a period of involuntary treatment, (3) medical literature on length of time necessary for detoxification of opioids and recommended time following detoxification to begin medication-assisted treatment, (4) the legal implications of holding a non-court involved individual who is diagnosed with substance use disorder but is no longer under the influence of substances, (5) whether the current capacity, including acute treatment services, clinical stabilization services, transitional support services and recovery homes, is sufficient to treat individuals seeking voluntary treatment for substance use disorder, (6) the availability of other treatments for substance use disorder, including those treatments used in less restrictive settings, and (7) the effectiveness of the existing involuntary commitment procedures pursuant to section 35 of chapter 123 of the General Laws at reducing long-term relapse rates; and
(b) evaluate and develop a proposal for a consistent statewide standard for the medical review of individuals who are involuntarily committed due to an alcohol or substance use disorder pursuant to section 35 of chapter 123 of the General Laws, including, but not limited to, developing: (1) a proposed standardized form and criteria for releasing medical information for use in a commitment hearing under said section 35 of said chapter 123 that is in compliance with federal and state privacy requirements and (2) criteria and guidance to medical staff about filing a petition under said section 35 of said chapter 123.
29 Members:
- the secretary of health and human services or a designee, who shall serve as chair;
- the house and senate chairs of the joint committee on mental health, substance use and recovery or their designees;
- the house and senate chairs of the joint committee on judiciary or their designees;
- the minority leader of the house or a designee;
- the minority leader of the senate or a designee;
- 1 representative of an academic institution appointed by the speaker of the house;
- 1 representative of an academic institution appointed by the senate president;
- the chief justice of the trial court or a designee;
- the commissioner of the department of mental health or a designee;
- the commissioner of the department of public health or a designee;
- the director of the office of health equity in the department of public health;
- an addiction expert with experience in federal and state policy on substance use disorder;
- and 1 representative from each of the following organizations:
- Massachusetts Organization for Addiction Recovery, Inc.;
- The Boston Health Care for the Homeless Program, Inc.;
- Massachusetts Nurses Association;
- the Massachusetts Association of Advanced Practice Psychiatric Nurses;
- the Massachusetts chapter of the National Association of Social Workers, Inc.;
- American Civil Liberties Union of Massachusetts, Inc.;
- the committee for public counsel services;
- Massachusetts Health & Hospital Association, Inc.;
- the Massachusetts Psychological Association, Inc.;
- Massachusetts Medical Society;
- Massachusetts Psychiatric Society, Inc.;
- Massachusetts College of Emergency Physicians, Inc.;
- Massachusetts Society of Addiction Medicine, Inc.;
- Association for Behavioral Healthcare, Inc.; and
- Massachusetts Association of Behavioral Health Systems, Inc.
Reporting:
The commission shall file recommendations, including any proposed legislation, with the clerks of the house of representatives and the senate not later July 1, 2019.