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Approval under Section 12 of the Mental Health Act confers the ability to deprive individuals of their liberty and curtail their human rights. This is one of the most life-altering powers a doctor can hold.
The statute states the commitment may be up to, but not exceed 90 days. The commitment may be less than the 90 days depending on the individuals clinical needs and if they cease to meet the criteria for likelihood of serious harm to themselves.
Section 12 approved doctors are those approved by the Secretary of State under section 12(2) Mental Health Act 1983 (MHA), where they are described as having special experience in the diagnosis or treatment of mental disorder.
Individuals (such as family members) can ask the court to order an emergency mental health commitment, called Section 12 (e) or a commitment for treatment of alcohol or substance use disorder, called a Section 35, by speaking to a clerk in the court.
What is a Section 12? In Massachusetts, Section 12 of Chapter 123 of the Massachusetts General Laws controls the admission of an individual to a general or psychiatric hospital for psychiatric evaluation and, potentially, treatment.
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Pursuant to Section 12(a), a physician, qualified psychiatric nurse, qualified psychologist, licensed independent clinical social worker, or police officer may apply to admit anyone to a facility if he or she believes that, without hospitalization, the person 1 Page 2 meets the standard for admission.

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