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S 1401

Enacts the "police and peace officer licensing act"

2025 Regular Session Introduced by James Sanders

The bill shortens timelines for inpatient psychiatric care decisions—fast-tracking evaluations, hearings, and medication decisions to reduce delays in treatment.

REFERRED TO CODES
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Bill Summary · S 1401

Summary — S.1401 (2025): "An Act to provide more timely treatment of inpatient mental health care"

Status: Referred to Codes (Introduced 2025; filed in Senate docket 1/16/2025; hearing scheduled 10/06/2025, 1:00–5:00 PM, A‑2)

Note on metadata: some header information supplied with the request (e.g., a different bill title, mixed sponsor lists, and extraneous out‑of‑state text) conflicts with the bill text below. This summary follows the bill text filed by Sen. Cindy F. Friedman (Senate Docket No. 1628 / Senate No. 1401), which addresses inpatient mental health care timeliness.

Purpose
- To shorten and standardize timelines for clinical evaluations, hearings, and medication decision processes for persons (including children in DCF custody) in inpatient psychiatric facilities, and to require facility planning consistent with physician resources and national evening/night coverage standards.

Key provisions and changes
1. Staffing/coverage standards (amendment to G.L. c.123, §2)
- Requires that plans for inpatient psychiatric facilities be developed consistent with available physician resources and in accordance with national standards for providing evening and night coverage for hospitals.

  1. Independent medical examinations (amendment to G.L. c.123, §5)

    • If an indigent patient or their counsel requests an independent medical exam, the request must be made within 24 hours of appointment of counsel.
    • The independent exam must be completed within 3 business days of that request.
    • Removes statutory language permitting delays “unless counsel requests a delay,” tightening timelines.

  2. Removal of delay authorizations (amendments to G.L. c.123, §§5 & 7)

    • Excising multiple provisions that allowed delays when requested by the patient or counsel, thereby further limiting opportunities to postpone statutory procedures.

  3. Shortened statutory period (amendment to G.L. c.123, §8B)

    • Replaces the figure “fourteen” with “5” (i.e., reduces a 14‑day period to 5 days). The bill text amends §8B; context implies reduction of a statutory review/hold period tied to inpatient timeframes.

  4. Expedited hearings for certain petitions (amendment to G.L. c.190B, §5‑308(d))

    • For patients in inpatient mental health facilities, hearings on petitions specified in that statute must be held within 7 days of filing; related notice schedules are adjusted accordingly.

  5. Antipsychotic medication for children in DCF custody (new requirement)

    • DCF, with the Office of the Child Advocate, must create a “facilitated process and time frame” for administering antipsychotic medication to children in DCF custody who are hospitalized in inpatient psychiatric facilities.

Who is affected
- Patients in inpatient psychiatric facilities (including indigent patients).
- Indigent patients’ counsel and hospitals (responsible for arranging independent exams within tight timeframes).
- Courts and hearing officers (required to schedule faster hearings).
- Department of Children and Families and Office of the Child Advocate (tasked with process development for medicating children in custody).
- Inpatient psychiatric facilities and clinical staff (staffing and coverage planning; adherence to shorter procedural deadlines).

Procedural/timeline notes
- Independent exam: request within 24 hours of counsel appointment; completion within 3 business days.
- Certain statutory period shortened from 14 days to 5 days.
- Hearings for inpatient mental health patients: within 7 days of petition filing.
- DCF must promulgate a facilitated medication process timeframe (no deadline specified in text).

Impact overview
- The bill accelerates evaluation, adjudication, and medication decision timelines for inpatient psychiatric care to reduce delays in treatment and review, and it pushes facilities to align staffing/coverage with recognized standards. It may increase administrative and clinical workload to meet compressed deadlines and require process changes by courts, hospitals, and DCF.

Compiled from official sources — confirm details with the bill’s official record.

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