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General Laws

Section 8. Any person who believes that he is a drug dependent person may apply for admission to a facility. Such application may be directed either to the director or to the administrator of a public or private facility.

Upon receipt by the director of an application for admission, he shall designate a psychiatrist or, if, in the discretion of the director, it is impracticable to do so, a physician to make an examination of the person to determine whether or not he is a drug dependent person who would benefit by treatment. The psychiatrist or physician shall report his findings in writing to the director after the completion of the examination, stating the facts upon which the findings are based and the reasons therefor.

If the director finds that the person is a drug dependent person who would benefit by treatment, he may cause him to be admitted to a facility as an inpatient or outpatient.

In determining whether to admit to a facility a person who is reported to be a drug dependent person who would benefit by treatment the director shall consider the past record of treatment, if any, afforded the person, at a facility, and whether or not the person complied with the terms of any prior admission made pursuant to this section.

The administrator may transfer any inpatient to an outpatient program if he finds that the patient is a proper subject for an outpatient program; provided, however, that the administrator may return any such patient to an inpatient program if he deems it appropriate. A patient originally admitted to a facility as an outpatient under this section shall not be transferred to an inpatient program without his written consent.

Each patient admitted under this section shall be subject to the supervisory powers of the administrator exercised in accordance with rules and regulations promulgated by the division.

Before causing a person to be admitted to a facility, the director may make a recommendation to the person as to the period deemed necessary to accomplish adequate and appropriate treatment, but in no case shall the period exceed one year. The director shall also notify the person of the nature of the treatment to be afforded and the facility to which he will be admitted. If the person consents in writing to the admission to the facility, the period deemed necessary to accomplish treatment and the nature of the treatment, he may be admitted to a facility.

If the director decides that the applicant is to be refused admission to a facility because he is not a drug dependent person who would benefit by treatment or because adequate treatment is not available at an appropriate facility, he shall make known in writing to the applicant the basis for his decision.

In the case of an application for admission made to the administrator of a public facility, or a private facility with which the division contracts on a fee-for-services basis pursuant to clause (4) of section six, other than a halfway house, the administrator shall follow the same procedures regarding admission, transfer, and discharge as those prescribed in this section for the director. In the case of an application for admission made to the administrator of a private facility with which the division does not contract on a fee-for-services basis pursuant to said clause (4) other than a halfway house, the administrator shall follow such procedures regarding admission, transfer and discharge as are provided for by rules and regulations to be promulgated by the division; provided, however, that when an application is made to the administrator of any facility pursuant to this section, and the administrator determines that his facility is unable to furnish the applicant adequate and appropriate treatment, he may request the assistance of the director in placing the applicant in another facility at which adequate and appropriate treatment is available. If the director determines that the facility is unable to furnish adequate and appropriate treatment to said applicant, he shall provide the administrator with such assistance.

A patient admitted to a facility under this section may receive treatment at the facility so long as the administrator believes that it will continue to benefit him. Any patient may, at any time, notify the administrator in writing that he wishes to terminate treatment. Upon receipt of any such notification the administrator shall determine whether further treatment would benefit the patient, and shall inform the patient of his determination. If the administrator determines that he would not benefit by such further treatment, the patient shall be discharged from the facility. If the administrator determines he would so benefit, he shall so advise the patient. If the patient chooses to terminate treatment despite the determination by the administrator that the patient would benefit by further treatment at the facility, the administrator shall notify the director that the patient has caused treatment to be terminated during the recommended period against the advice of the administrator. If the patient applies for readmission for treatment in any facility, the fact that treatment has been terminated during the recommended period against the advice of the administrator may be considered in determining whether or not to readmit him, and, in the event that the patient is readmitted, in determining to which facility he should be readmitted for treatment.

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