Bill > S2454

This bill aims to protect public health, promote accountability, and prevent the violation of individual rights through the misuse, abuse, and violation of law. It amends Chapter 123 of the General Laws to define "Likelihood of Serious Harm" and establish safeguards and rights for individuals who may be at risk of causing serious harm to themselves or others due to mental illness. The key provisions of this bill include: 1. Defining "Likelihood of Serious Harm" and specifying that it must be based on documented evidence of an individual's specific actions, deeds, or expressed thoughts, rather than factors such as mental health history, age, gender, or social status. 2. Establishing strict guidelines for the transport, evaluation, and involuntary hospitalization of individuals, including time limits, the requirement for authorized and licensed medical professionals to be involved, and the right to legal representation and a civil rights review. 3. Prohibiting the use of restraints, involuntary medication, or forced treatment without consent, except in cases where an individual is deemed an immediate threat of serious harm. 4. Requiring the Departments of Public Health and Mental Health to develop and disseminate appropriate forms, affidavits, and information to ensure compliance with the law and investigate any reported violations. 5. Banning the use of electroshock treatment in cases of involuntary confinement, unless specifically requested and consented to by the committed person. 6. Protecting the rights of parents and guardians to refuse the medication or confinement of their children. Overall, this bill aims to establish a more rigorous and transparent system for addressing mental health concerns, while safeguarding individual rights and preventing the misuse or abuse of the system.

Health and Social Services

https://malegislature.gov/Bills/192/S2454