Amendment ID: S2572-18

Amendment 18

Mandated Reporting

Ms. Moran and Messrs. Tarr and Pacheco move that the proposed new text be amended by striking out section 25 and inserting in place thereof the following section:-

"SECTION 25. Section 131X of said chapter 140, as so appearing, is hereby amended by striking out subsection (d) and inserting in place thereof the following 2 subsections:-

(d) Notwithstanding any general or special law, rule or regulation to the contrary, any health care provider or mandated reporter, as defined by section 21 of chapter 119, duly authorized as a petitioner, upon filing an application or renewal for an extreme risk protection order, may disclose protected health information of the respondent only to the extent necessary for the full investigation and disposition of such application or renewal for an extreme risk protection order. When disclosing protected health information, a health care provider or mandated reporter shall make reasonable efforts to limit protected health information to the extent necessary to accomplish the filing of the application or renewal.

Upon receipt of a petition by any health care provider or mandated reporter and for good cause shown, the court may issue orders as may be necessary to obtain any clinical records or any other records or documents relating to diagnosis, prognosis or treatment of the respondent as are necessary for the full investigation and disposition of an application for an extreme risk protection order under this section. All such records and other health information provided shall be sealed by the court.

The decision of any health care provider or mandated reporter to disclose or not to disclose clinical records or other records or documents relating to the diagnosis, prognosis or treatment of a patient pursuant to this subsection, when made reasonably and in good faith, shall not be the basis for any civil or criminal liability with respect to such health care provider; provided, however, that any health care provider or mandated reporter duly authorized as a petitioner shall not be subject to civil or criminal liability for failure to petition the court for the issuance or renewal of an extreme risk protection order.

(e) The supreme judicial court and the appeals court shall have concurrent jurisdiction to review any proceedings, determinations, orders or judgments entered in the court pursuant to section 131S or section 131T. The supreme judicial court or the appeals court, subject to section 13 of chapter 211A, may by rule vary the procedure authorized or required for such review upon a finding that the review by the court will thereby be made more simple, speedy and effective."