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Boston M-POWER'S Legislative Activity
Editor's Note: herein, Martin explains the important legislative work recently undertaken by Boston M-POWER. The Boston Chapter has chosen to work on legislative issues this year. The issues we chose to work on are Civil Commitment Reform, Restraint Regulations, the “Cemetery Bill” and the Community Residence Tenancy Law (the CRT). These are urgent issues: the Civil Commitment Reform, after many years of trying, finally passed the legislature and was signed into law on 13 AUG 00. The “Cemetery Bill” and the Restraint Regulations “died in committee”, although a portion of the latter passed as an “outside section” . And the big fight for the CRT will happen in the next General Court, or legislature, after elections in November. What changes do these Bills and Acts promise for the future of mental health treatment in Massachusetts? The Civil Commitment Reform amends the current statute to shorten the time in which a person may be held on a Chapter 123, Section 12 emergency commitment, prior to a court hearing. The Act will become effective 90 days from the date of signing. Thereafter, a person who is “pink slipped” to a mental health facility may be held for only four days (not including weekends and holidays) unless the hospital files a petition for civil commitment. The standards for commitment are not changed by the new law. Senate Bill Number 569, An Act to Regulate Restraint Practices, includes some very principled language, language that clearly defines when restraint is lawful and when it is not. For instance, the bill states: “Every patient or resident of a facility shall have the right to be free from the unreasonable use of restraint.” The bill also states: “Restraint may only be used in cases of emergency, such as the occurrence of, or serious threat of, extreme violence, personal injury, or attempted suicide.” To quote further from the bill: “Restraint may only be used when all less restrictive alternatives have been tried and have failed or have been determined inappropriate or ineffective.” Senator Fred Berry has valiantly championed this bill, in the name of fairness and decency, and each year the Bill has tangled up in committee. Let’s try again this year! Parenthetically, an Outside Section of the Budget directs the Board of Education to promulgate regulations regarding the use of physical restraint for students. One other Bill the Boston Chapter has been following with interest is the “Cemetery Bill”. This bill was proposed by a leader in the c/s/x (consumer/survivor/ex-patient) movement, Pat Deegan. In order to celebrate the dignity of the lives of those who died and were buried at state hospitals , and to form a rallying point for the c/s/x movement, Dr. Deegan proposed that we clean up the cemeteries at the state hospitals. These cemeteries have gone untended for decades, and are sprouting up with weeds and thorns. The application of some muscle and sweat from c/s/x and of a small amount of money from the Commonwealth, can rehabilitate these hallowed grounds, and make a statement about the value of their last inhabitants. The “Cemetery Bill” laudable as it is, has gotten stuck in the Senate Ways and Means Committee, which looks to be its last resting place too. Ways and Means Committee Chairperson Diane Wilkerson is perhaps the only person in the world who can dislodge the “Cemetery Bill” and move it along. Will she? Finally the Boston M-POWER Chapter studied a bill at the Federal level too. The Bill is the “Mental Health Act of 2000” sponsored by our own Senator Kennedy and by Senator Domenici. This act cites the “first Surgeon General’s Report on Mental Health, released in December 1999, {which} describes a vision for the future that includes....continuing to build the science base; overcoming stigma; improving public awareness of effective treatment; ensuring the supply of mental health services and providers; ensuring delivery of state-of-the-art treatments; tailoring treatment to age, gender, race and culture; facilitating entry into treatment; and reducing financial barriers to treatment.” The Senators proceed to propose a lot of money spent in order to support this vision, about $500 million to be specific. Let’s hope some of that money comes our way. Well, that’s the news from the hub for this issue of the Nutshell. See you next year!
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