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The 189th General Court of the Commonwealth of Massachusetts

Section 7: Detoxification facility; admission procedure; treatment; notification to family; transportation; aftercare treatment

Section 7. Any person who is intoxicated and voluntarily applies for treatment at a detoxification facility or is brought to said facility in accordance with section eight shall be afforded treatment there or at another facility.

Prior to the admission of any person, the administrator of the facility shall cause him to be evaluated by physician-supervised personnel, experienced in alcoholism diagnosis. If there is any concern about the health or the immediate treatment needs of such person, he shall be examined by a physician. If upon said evaluation or examination, a determination is made that the person is intoxicated or is an alcoholic, and adequate and appropriate treatment is available, he shall be admitted. If any person is not admitted for the reason that adequate and appropriate treatment is not available at the facility, the administrator of the facility, acting whenever possible with the assistance of the director, or his designee, shall refer the person to a facility at which adequate and appropriate treatment is available. In the event that a person is not admitted to a facility, and has no funds, the administrator shall arrange for the person to be assisted to his residence, or if he has no residence to a place where shelter will be provided him.

Any person admitted to a facility shall receive treatment at the center or facility for as long as he wishes to remain or until the administrator determines that treatment will no longer benefit him; provided, however, that any person who at the time of admission is intoxicated and is incapacitated, shall remain at the facility until he is no longer incapacitated, but in no event shall he be required to remain for a period greater than forty-eight hours, or if any such person is committed for rehabilitative purposes to the Massachusetts correctional institution, Bridgewater or to the Massachusetts correctional institution, Framingham, he shall be required to remain for a period of not less than ten days.

When a person is admitted to a facility, his family shall be notified as soon thereafter as possible. If a patient who is not incapacitated requests that notification not be given, his request shall be respected. Any person, unless transported by the police, who is transported to a facility or from one facility to another or from a facility to his residence shall be transported by the department, or other persons authorized by the department. Said department shall promulgate rules and regulations regarding such transportation, and where necessary shall bear the expense thereof.

[Fifth paragraph effective until June 1, 2015. For text effective June 1, 2015, see below.]

Upon discharge from or upon leaving a facility, the patient shall be encouraged to consent to appropriate outpatient or residential aftercare treatment.

[Fifth paragraph as amended by 2014, 165, Sec. 141 effective June 1, 2015. See 2014, 165, Sec. 288. For text effective until June 1, 2015, see above.]

Upon discharge from or upon leaving a facility, the patient shall be encouraged to consent to appropriate outpatient or residential aftercare treatment; provided, however, that a patient shall not be referred to alcohol and drug free housing unless such housing is certified pursuant to section 18A of chapter 17.