The bill aims to reduce emergency department boarding by amending Section 12 of Chapter 123 of the General Laws. It introduces a new requirement that individuals restrained at unauthorized facilities must be given the opportunity to apply for voluntary admission and be informed of their rights, including the maximum duration of restraint, which cannot exceed 72 hours. If a person is restrained for longer than 48 hours, the facility must notify the Committee for Public Counsel Services, which will appoint an attorney to meet with the restrained individual.
Additionally, the bill allows individuals who believe their restraint is abusive or misused to request an emergency hearing in the district court. The court is mandated to hold this hearing promptly, either on the same day or the next business day, unless a delay is requested. These changes are intended to ensure that individuals are treated fairly and that their rights are protected during periods of restraint in emergency settings.
Statutes affected: Bill Text: