Amendment ID: S2609-54.1

Further Amendment 54.1

Commitment

Mr. Tarr moves that the amendment be amended by striking the underlying amendment in its entirety and inserting in place thereof the following:-

by adding after section _the following new section:

SECTION _:

Section 35 of Chapter 123 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting at the end thereof the following new section:-

When the court is closed for business any justice of the superior, probate, district or Boston municipal court departments may grant an order of commitment provided under this section if there is a likelihood of serious harm as a result of the person's alcoholism or substance abuse to themselves or others. In the discretion of the justice, a warrant of apprehension may be issued for such person and an arrest may be made on said warrant, and the person may be placed in protective custody until the person may be presented before a justice of the superior, probate, district or Boston municipal court.  Such warrant may be granted and communicated by telephone to an officer or employee of an appropriate law enforcement agency, who shall record such order on a form of order promulgated for such use by the chief justice of the trial court and shall deliver a copy of such order on the next court day to the clerk-magistrate of the court having venue and jurisdiction over the matter.

Any order issued under this section and any documentation in support thereof shall be certified on the next court day by the clerk-magistrate or register of the court issuing such order to the court having venue and jurisdiction over the matter. Such certification to the court shall have the effect of commencing proceedings under this chapter and invoking the other provisions of this chapter but shall not be deemed necessary for an emergency order issued under this section to take effect.

And moves to further amend by adding the following new section:

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.  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.”