Q: What is the criteria a psychologist/medical professional must meet in order to involuntarily commit an adult in MA?
What must a patient present with or say before a psychologist or physician can involuntarily commit a patient? In one case, would simply stating suicidal ideation or self harm enough or must they have an active plan to hurt themselves or others? Are there strict standards or is it up to the professionals discretion? And what are the rights of the patient in all of this?
A:
In Massachusetts, the criteria for a psychologist or medical professional to involuntarily commit an adult are specific and must be met with due diligence. A patient can be involuntarily committed if they are deemed to pose a risk of serious harm due to mental illness. This risk can be due to suicidal ideation, threats of self-harm, or threats to others, and it usually requires evidence of imminent danger.
Simply stating suicidal thoughts or self-harm may not be enough for involuntary commitment; typically, there needs to be a demonstrable risk of imminent harm. This can include an active plan to harm oneself or others. The professional's assessment of the risk must be based on their clinical judgment and the specific circumstances of the case.
There are guidelines and standards that professionals follow, but there is also a degree of discretion based on the individual's condition and the professional's clinical judgment.
Patients have rights in this process, including the right to be informed of the reasons for the commitment, the right to legal representation, and the right to a court hearing. In Massachusetts, these rights are designed to balance the need for treatment with the protection of individual liberties.
If you or someone you know is facing involuntary commitment, it's important to understand these rights and consider seeking legal advice to ensure that the process is being conducted lawfully and with respect for the patient's rights.
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