The bill amends Chapter 40.1-5 of the General Laws, known as the "Mental Health Law," by introducing new definitions and updating existing ones to better align with current practices in the mental health sector. It defines "Advanced practice registered nurse" (APRN) and expands the definition of "Facility" to include community mental health centers. The bill also revises the definition of "Mental health professional" to include APRNs and introduces "Qualified mental health professional" (QMHP), requiring approval and supervised emergency services experience. It updates the scope of practice for psychiatric nurse clinicians and APRNs and removes the requirement for certain hospitals to apply for approval to operate under this chapter. Additionally, it specifies the rights of patients and the admission process for mental health facilities, including voluntary admission, emergency certification, and civil court certification. The bill deletes the term "psychiatric" in favor of "an intellectual and/or developmental" disability and allows APRNs to participate in the examination and certification process of patients.
The bill also revises the procedures for the emergency certification of individuals with psychiatric disabilities, allowing licensed APRNs, in addition to physicians, to apply for emergency certification. It outlines the application process, which must be based on personal observation and include a description of the applicant's credentials and the behavior justifying the need for immediate care. The bill mandates a timely examination process and the discharge of individuals not suitable for emergency care. It introduces a new section on emergency certification and streamlines the process by removing language directing applications to specific hospitals. Furthermore, the bill details the civil court certification process, removes certain individuals from the list of those who can file a petition for certification, and requires at least one certificate from a psychiatrist or APRN. It also amends the law regarding court proceedings, expanding the range of professionals who can perform examinations and specifying the rights of the person subject to the court hearing. The bill grants district and family courts the power to order treatment for detainees or inmates with psychiatric disabilities and includes provisions for treatment plans, institutional review proceedings, and a pilot program for APRNs to certify the need for treatment. Insertions include the expansion of court powers and the involvement of APRNs, while deletions include the previous exercise of court powers and the original effective date, which has been changed to upon passage.