What?
What is a "Section 12"?
Section 12 of Chapter 123 of Massachusetts Law controls the admission of a person to a general or psychiatric hospital for psychiatric evaluation and, potentially, treatment without their consent. There are two common subsections sections 12(a) and 12(b), with 5 total a-e
Who can sign a Section 12(a)?
A physician, advanced practice registered nurse, qualified psychologist, licensed independent clinical social worker, or police officer
How many sections are in section 12?
Section 12(a) and Section 12(b)
When must Section 12(b) examination happen after reception at the facility?
Within 2 hours of reception
How can a patient terminate a conditional voluntary admission?
By filing a "three day notice" with the facility
What is Section 12(a)?
Section 12(a) allows for a person to be brought against their will to such a hospital for evaluation
Who can sign Section 12(b)?
Commonly physicians only but sometimes an advanced practice registered nurse
How long must a patient wait for a hearing after a hospital petitions for an involuntary commitment?
5 business days (technically)
What are the 3 potential outcomes for a patient after examination in the hospital?
- Discharge from facility
- Section 12 (b)
- Conditional Voluntary
What is a District Court Involuntary Civil Commitment (section 7 & 8)?
A Section 7&8 is when a judge finds that a patient needs longer term commitment into the facility with out without their consent. Section 8b specifies that court ordered medications can be administered against a patient's will.
What is Section 12(b)?
Section 12(b) allows for an individual to be admitted to a psychiatric unit for up to three business days against the individual’s will or without the individual’s consent.
Who contacts the state public defender agency (CPCS) for the patient?
The facility
How can a person change their legal status?
- Apply to the hospital to change the their status to a conditional voluntary admission (an application which the hospital must accept) or
- Seek emergency judicial review in the district court within the initial 24 hours
How long can patients be hospitalized under Section 12(b)?
3 business days (72 hours)
How long is involuntary civil commitment?
The first commitment is valid for up to six months. Subsequent commitments extending, without break, an initial six month commitment, are valid for 12 months
What is a conditional voluntary form (Section 10/11)?
If the hospital staff person believes a person has the capacity to make the decision, the patient may apply for conditional voluntary admission status which is the patient agreeing to stay in the facility
Who does the facility need to contact when the patient being hospitalized under Section 12 is a minor (younger than 16yrs)?
The patient's parents or legal guardians to give them the option for conditional voluntary status
Would a section 12(b) be filed if a patient agrees to hospitalization and has capacity to make that choice?
No a conditional voluntary admission would be sign instead
When are patients eligible for discharge after they sign a conditional voluntary form?
As a conditional voluntary patient, the patient remains on this status until the hospital decides discharge is appropriate, there is no predetermined timeline
What if the patient does not agree with the district court's decision to commit them?
The patient can file for an appeal within 10 days for receiving the court's decision
What if examination is not possible?
A doctor, advanced practice registered nurse, qualified psychologist, or licensed independent clinical social worker may still sign the Application for an Authorization of Temporary Involuntary Hospitalization
Who would qualify to be involuntarily admitted under Section 12?
A patient that exhibits a "likelihood of serious harm" by either:
-Patient poses a substantial risk of physical harm to themselves
-Patient poses a substantial risk of physical harm to others
- Patient's judgment is so affected that there is a very substantial risk that a person can not protect themselves
While wait for a district court hearing, can a patient obtain a second opinion and how?
Yes, by requesting an independent psychiatric examination through the court
What are the 3 potential outcomes after the 3 business days of involuntary hospitalization under Section 12 have expired?
1. Discharge
2. Continued hospitalization needed and patient agrees (Conditional Voluntary)
3. Continued hospitalization needed but patient diagrees (Involuntary Commitment Filing)
When does the judge need to issue a decision for the involuntary civil commitment?
10 business days unless there is written reasons for delay