Bill S.833

SENATE DOCKET, NO. 847 FILED ON: 1/19/2017

SENATE . . . . . . . . . . . . . . No. 833

By Mr. Donnelly, a petition (accompanied by bill, Senate, No. 833) of Kenneth J. Donnelly for legislation relative to improving access to emergency treatment plans. The Judiciary.

The Commonwealth of Massachusetts

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

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An Act relative to improving access to emergency treatment plans.

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 5-101 of chapter 190B of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting, in subsection (3), after the word “court”, in line 14, the following words:- or in proceedings relating to the appointment of treatment monitors and supervision of treatment plans as described in Section 5-306 of said chapter 190B.

SECTION 2. Said section 5-101 is hereby further amended by inserting after subsection (25) the following subsection:-

(26) “treatment monitor”, any person who holds himself out to the general public as one providing mental health services and who is required pursuant to such practice to obtain a license from the commonwealth or who, at the discretion of the court, is deemed suitable to monitor the treatment plan as described in subsection (a) of Section 5-306A of said chapter 190B.

SECTION 3. Section 5-306A of said chapter 190B is hereby amended by inserting after the words “section 5-308”, in line 17, the following words:-

In all cases, a treatment plan by order or decree must be issued and a monitor must be assigned not later than 14 days after the initial petition is filed.

SECTION 4. Said section 5-306A is hereby further amended by striking out subsection (b) and inserting in place thereof the following section:-

(b) The court shall delegate to a treatment monitor the authority to supervise the treatment plan to ensure that the treatment plan is followed. Reasonable expense incurred in such monitoring may be paid out of the estate of such person by the petitioner or by the commonwealth, as may be determined by the court.

SECTION 5. Said chapter 190B, as so appearing, is hereby amended by inserting after section 5-306A the following sections:-

Section 5-306B. (a) A treatment monitor shall report in writing the condition of the incapacitated person within 30 days following appointment and not more than 60 days thereafter and when otherwise ordered by the court. A report shall state:

(1) the current mental, physical and social condition of the incapacitated person;

(2) a statement of compliance with the treatment plan by the incapacitated person and the delivery of treatment services by the provider;

(3) a recommendation as to the need for continued monitoring and any recommended changes in the scope of monitoring; and

(4) plans regarding future care.

(b) The court shall establish a system for overseeing treatment monitors of incapacitated persons, including the filing and review of regular reports.

(c) When the treatment monitor determines that an incapacitated person has refused to comply with any condition of the treatment plan or when the treatment monitor determines that the service provider is not delivering treatment in accordance with the treatment plan, the monitor shall petition the court for a hearing to report the conditions of the treatment plan that have been violated.

Upon receipt of notice from the treatment monitor, the court shall appoint counsel, if necessary, and schedule treatment non-compliance hearings and service provider non-compliance hearings within 7 days and not more than 14 days, except in extraordinary circumstances, as determined by the court. The court shall create a standard “notice of treatment non-compliance” form, which the monitor shall complete with times and dates of alleged non-compliance of the incapacitated person or the service provider.

Treatment non-compliance hearings shall proceed in 2 distinct steps, the first to adjudicate the factual issue of whether the alleged treatment plan is being complied with and the second to determine the disposition of the matter, if treatment non-compliance is found by the court to have occurred.

If the court finds that the incapacitated person has not complied with one or more conditions of the treatment plan as alleged, or that the service provider has not complied with one or more conditions of the treatment plan as alleged, the treatment monitor shall recommend to the court a course of immediate action and may present argument and evidence in support of that recommendation. The incapacitated person or his representative and the treatment provider or his representative shall be permitted to present argument and evidence relevant to disposition and to propose dispositional terms. The court may issue an order of enforcement that shall include a course of action and reasons for taking such action, including an order that the incapacitated person or service provider return before the court to amend the treatment plan.

(d) Nothing in this section shall prevent a supervising mental health professional from authorizing involuntary commitment and treatment in emergency under section 12 of chapter 123.

Section 5-306C. The authority and responsibility of a treatment monitor of an incapacitated person terminates upon the death of the monitor or incapacitated person, the determination of incapacity of the monitor, the determination that the person is no longer incapacitated, or upon removal or resignation as provided in section 5-306D.

Section 5-306D. (a) On petition of the incapacitated person or any person interested in the welfare of the incapacitated person, the court, after notice and hearing, may remove a treatment monitor if the person under a treatment plan is no longer incapacitated or for other good cause. On petition of the treatment monitor, the court may accept a resignation.

(b) The incapacitated person or any person interested in the welfare of the incapacitated person, if 18 or more years of age, may petition for removal of a treatment monitor on the ground that removal would be in the best interest of the incapacitated person.

(c) The incapacitated person or any person interested in the welfare of the incapacitated person may petition for an order that the person is no longer incapacitated, for termination of the treatment order, or for modification of the treatment plan.

(d) After notice and hearing on a petition for removal or for permission to resign, the court may appoint a successor treatment monitor and make any other appropriate order. Before appointing a successor treatment monitor, or ordering that a person’s incapacity has been terminated, the court shall follow the same procedures to safeguard the rights of the incapacitated person that apply to a petition for appointment of treatment monitor.

SECTION 6. Subsection (f) of section 8B of chapter 123 of the General Laws, as so appearing in the 2014 Official Edition, is hereby amended by inserting after the word “section.”, in line 54, the following words:- The superintendent of a facility or medical director of the Bridgewater state hospital may further petition the court for the continued monitoring of the patient after the expiration of the order of commitment. The hearing to continue monitoring shall take place within 7 days following the filing of the petition. The court may appoint a treatment monitor, as described under sections 5-306A-D of said chapter 190B, to monitor the existing treatment plan or, under the guidance of the court, develop and monitor a new treatment plan, as described in subsection (a) of section 5-306A of said chapter 190B.

Name:	District/Address:
Kenneth J. Donnelly	Fourth Middlesex