Involuntary Holds in Massachusetts: What You Need To Know
What is an Involuntary Hold?
Involuntary hold, also known as an emergency or psychiatric hold, is a policy allowing for the involuntary hospitalization of someone facing a mental health crisis. In Massachusetts, an involuntary hold can include an individual facing either a mental health crisis or struggling with a substance abuse disorder.
Types of Involuntary Holds in Massachusetts
In Massachusetts, there are two types of involuntary holds, defined by section 12 and section 35 from Chapter 123 of the Massachusetts General Laws. The chapter governs mental health laws in the state.
Emergency Involuntary Hold - emergency psychiatric commitment for up to 72 hours.
Involuntary Commitment for Substance Use - commitment for up to 90 days due to alcohol or substance use disorder.
Criteria for an Involuntary Hold in Massachusetts
There are certain criteria for each type of involuntary hold. The patient must meet the following criteria in order to be hospitalized without their consent:
1. Emergency Involuntary Hold
Mental Illness
Immediate threat of harm if not hospitalized.
2. Involuntary Commitment for Substance Use
Habitual, harmful substance use.
Loss of control over use.
High likelihood of harm.
How involuntary holds are initiated in Massachusetts
Both types of involuntary hold are initiated differently, as outlined below.
Emergency Involuntary Hold applies to individuals posing a serious threat of harm to themselves or other people.
The following can request to hospitalize a patient due to a mental health crisis:
Physicians, psychologists, APRNs, LCSWs, and police.
Process: A request is filed via an official application, and further evaluation is completed at the hospital.
Involuntary Commitment for Substance Use applies to individuals endangering themselves or others due to substance use. They often have impaired functioning.
The following can petition for the involuntary commitment of an individual:
Police, physicians, spouses, blood relatives, guardians, or court officials.
Process: Requires a petition and a judge’s order.
Your rights as a patient placed on an involuntary hold in Massachusetts
The hospitalized individual has the following rights in Massachusetts:
Right to legal counsel.
Right to request discharge or conditional voluntary status.
Right to an emergency hearing and independent psychiatric evaluation.
Right to be informed of their Section 12 status.
Section 12 defines emergency psychiatric hold, which lasts up to 72 hours in Massachusetts.
Right to challenge the commitment in court.
Guidance for Friends and Families
Involuntary commitment should be used as a last resort for an individual, if no other options are available. Here are some things to keep in mind before hospitalizing an individual without their consent:
Know who can file a request or petition for involuntary commitment.
Look for red flags in the individual’s behavior in order to determine whether they need intervention.
Try voluntary options before resorting to an involuntary hold.
Know the patient’s rights.
Finally, plan for the patient’s care after their involuntary commitment. This can include:
Therapy
Support groups
Outpatient programs
