FILED ON: 2/6/2018

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4357

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act improving the mental health examination process of inmates at places of detention.

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. Section 1 of chapter 123 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking the definition of “Qualified psychiatric nurse mental health clinical specialist” and inserting the following definitions:-

''Qualified advanced practice registered nurse'', an advanced practice registered nurse authorized to practice as a  psychiatric certified nurse practitioner or a psychiatric clinical nurse specialist under regulations promulgated pursuant to the provisions of section eighty B of chapter one hundred and twelve, who is designated by and meets qualifications required by the regulations of the department, provided that different qualifications may be established for different purposes of this chapter. A qualified advanced practice registered nurse need not be an employee of the department or of any facility of the department.

“Qualified psychiatric physician assistant”, a physician assistant authorized to practice as such under regulations promulgated pursuant to the provisions of sections nine E to nine K of chapter one hundred and twelve who is designated by and meets qualifications required by the regulations of the department, who is practicing under the supervision of a psychiatrist, provided that different qualifications may be established for different purposes of this chapter. A qualified psychiatric physician assistant need not be an employee of the department or of any facility of the department.

SECTION 2. Section 12 of chapter 123 of the General Laws, as so appearing, is hereby amended by striking out, in lines 1-21, the words “qualified psychiatric nurse mental health clinical specialist” in each instance that they occur, and inserting in place thereof the following:- “qualified advanced practice registered nurse”.

SECTION 3. Section 18 of chapter 123 of the General Laws, as so appearing, is hereby amended by striking out, in lines 6 and 7, the words “, designated by the department as qualified to perform such examination”.

SECTION 4. Section 18 of chapter 123 of the General Laws, as so appearing, is hereby further amended by striking out, in lines 6, 7 and 8, the words “physician or psychologist” and inserting in place thereof the following words:- physician, psychologist, qualified advanced practice registered nurse, or qualified psychiatric physician assistant

SECTION 5. Section 22 of chapter 123 of the General Laws, as so appearing, is hereby amended by striking the words “qualified psychiatric nurse mental health clinical specialist” in each instance that they occur, and inserting in place thereof the following:- “qualified advanced practice registered nurse”