Understanding Section 12 in Massachusetts: What To Know

A law known as Section 12 in Massachusetts is designed to prevent individuals with mental illnesses from harming themselves or others.

What Is Section 12 in Massachusetts?

Massachusetts law allows certain people with mental illnesses to be involuntarily transported to an authorized public or private facility for a psychiatric evaluation. 

If the individual is determined to pose a danger to themselves or others as a result of their condition, they may be admitted to the hospital either with or without their consent for up to 72 hours (three days).

This law is found in Part I, Title XVII, Chapter 123, Section 12 of the Massachusetts General Laws. It is commonly referred to simply as Section 12. 

Who Is Subject to Section 12 in Massachusetts?

There are two criteria that a person must meet to be involuntarily hospitalized under Section 12 in Massachusetts: having a mental illness and posing a likelihood of serious harm because of that mental illness. 

The Application for an Authorization of Temporary Involuntary Hospitalization form, which must be completed to meet the conditions of this law, defines both of these criteria.

Mental illness

For the purposes of Section 12 in Massachusetts, mental illness is defined as “a substantial disorder of thought, mood, perception, orientation, or memory which grossly impairs judgment, behavior, capacity to recognize reality or ability to meet the ordinary demands of life.”

Likelihood of serious harm

To meet this criteria, a person must exhibit one or more of the following:

• Substantial risk of physical harm to the person themselves as manifested by evidence of threats of, or attempts at suicide or serious bodily harm
• Substantial risk of physical harm to other persons as manifested by evidence of homicidal or other violent behavior or evidence that others are placed in reasonable fear of violent behavior and serious physical harm to them
• Very substantial risk of physical impairment or injury to the person themselves as manifested by evidence that such person’s judgment is so affected that they are unable to protect themselves in the community and the reasonable provision of their protection is not available in the community

Can You Force Someone into Drug Rehab Under Section 12?

Although substance use disorders (addictions) are considered to be mental health conditions in some circumstances, someone who is a danger to themselves or others solely as the result of an addiction CANNOT be involuntarily hospitalized under Section 12.

Having an addiction to alcohol or another drug doesn’t automatically disqualify a person from the Section 12 process, as many people with mental illnesses also struggle with chemical dependency. However, the risk that justifies their involuntary hospitalization must be directly related to a mental illness, not an addiction.        

How Does the Section 12 Process Work?

As noted in a previous section, a form called The Application for an Authorization of Temporary Involuntary Hospitalization must be completed before a person can be detained under Section 12 in Massachusetts.

The law requires this form to be completed by one of the following professionals:  

• Physician
• Qualified psychologist
• Qualified advanced practice registered nurse (APRN)
• Licensed independent clinical social worker
• Police officer

Once this form has been completed, the person can be taken into custody and admitted to an approved facility, where they can be held for up to three days. 

This can all occur without a court hearing. The only additional requirement is that a physician designated by the receiving facility must examine the individual and sign their admission paperwork.

Can People Contest Their Hospitalization Under Section 12?

A person cannot contest their admission to the facility, but they can request legal representation once they have been admitted. Section 12 mandates that a representative of the facility must inform the patient that they have the right to demand that the Committee for Public Counsel Services (CPCS) be notified of their situation.

Once notified, the CPCS will provide the patient with a lawyer. If the patient so desires, the lawyer can request that a hearing be held within one business day to contest the legality of their admission to the facility.

How Can You Tell if Someone Needs Mental Health Treatment?

When conducting a mental health assessment, clinicians in the U.S. typically refer to the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5). This reference includes diagnostic criteria, risk factors, common co-occurring conditions, and other relevant information for more than 300 separate disorders.

Given the wide array of conditions in the DSM-5, as well as the fact that the same disorder can affect different people in different ways, it would be virtually impossible to list all the signs that suggest someone might need mental health treatment.

Having said that, common red flags that could indicate someone is struggling with a mental illness or in the midst of a mental health crisis include:

• Sudden changes in mood or attitude
• Drastic increases or decreases in motivation and/or energy
• Significant changes in appetite, with resultant unintentional weight loss or gain
• Abnormal sleep patterns, which can include both insomnia (difficulty falling asleep and staying asleep) and hypersomnia (excessive sleeping)
• Acting with uncharacteristic anger, aggression, or violence
• Difficulty organizing their thoughts and expressing themselves in an understandable manner
• Loss of interest in activities, hobbies, or issues that used to be important to them
• Withdrawal and isolation
• Noticeable unexplained downturn in performance at work or in school
• Evidence of self-harm, such as unexplained cuts, bruises, or other injuries that never fully heal
• Frequent references to death or dying, such as saying they wish they had never been born or could simply “just disappear”

Learn More About Mental Health Treatment in Massachusetts

If you need additional information about Section 12 in Massachusetts, or you are seeking mental health treatment for yourself or a loved one, Lake Avenue Recovery is here to help.

Our alcohol and drug rehab in Worcester, MA, offers two levels of outpatient care for adults: a high-intensity outpatient program (day treatment) and an intensive outpatient program (IOP). We also offer same-day clinical assessments and instant insurance verification.

To learn more about our programs and services or to schedule a free assessment, please visit our Admissions page or call us today.