CHANGES TO MA CIVIL COMMITMENT LAW
Chapter 410 of the Acts of 2004 amends the Massachusetts Civil Commitment Law process. While advocates claim the new law should have no effect on a hospital’s clinical practice, staff should be familiar with the changes.
The two major changes are:
- Increases the time – from four (4) days to five (5) days – that the courts have to review a petition for commitment.
- Decreases the time – from four (4) days to three (3) days – that a hospital may hold a person prior to submitting the petition for civil commitment.
The new law is effective March 2, 2005.
The purpose of the law is to provide the courts additional time to plan and hold hearings at hospitals, given the general shortage of court staff and resources. To ensure that the total commitment time does not exceed the eight-day retention period set during the initial civil commitment reform law of 1991, the hospital commitment time was reduced.
Contact Anuj K. Goel, Esq. of the Mass. Hospital Association (781-272-8000, ext. 140. agoel@mhalink.org) for any issues regarding implementation of the law.
-Adapted from Advisory: Practical need-to-know information, Massachusetts Hospital Association, 12/10/04