Amendment ID: S2609-32-R1

Redraft Amendment 32

Subsequent Hospital Admissions for Overdose Symptoms

Messrs. Tarr and O'Connor move that the proposed new text be amended by inserting after section _the following:

SECTION XX. Chapter 123 of the General Laws is hereby amended by inserting after section 35 the following:-

Section 35A. (a) A clinical professional or treating healthcare provider in an acute care hospital as defined in section 25B of chapter 111 that provides emergency services in an emergency department and every satellite emergency facility as defined in section 51 ½ of chapter 111 who, after examining a person who has previously been transported to an appropriate treatment facility authorized for such purposes by the department of public health or the department of mental health, and  has reason to believe that failure to commit such person for treatment would create a likelihood of serious harm by reason of an alcohol or substance use disorder shall restrain or authorize the restraint of such person at said facility, provided said facility has capacity if said facility does not have capacity said facility shall transport to an appropriate treatment facility authorized for such purposes by the department of public health or the department of mental health, said emergency department, satellite emergency facility or receiving facility shall petition for the commitment of the individual under section 35 of chapter 123 and shall make reasonable efforts to notify the next of kin and if notified be the opportunity to jointly petition. Said petition shall be heard no later than 12 hours after petition is filed or the next business day.  For the purposes of this section, the term “clinical professional” shall include a  physician who is licensed pursuant to section 2 of chapter 112 or qualified psychiatric nurse mental health clinical specialist authorized to practice as such under regulations promulgated pursuant to section 80B of said chapter 112 or a qualified psychologist licensed pursuant to sections 118 to 129, inclusive, of said chapter 112, or a licensed independent clinical social worker licensed pursuant to sections 130 to 137, inclusive, of chapter 112; provided, however, that the department may through regulation identify other persons who because of training and credentials shall be included within the definition of “clinical professional.”