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Ocm39986872-1943-HB-1276.Pdf (1.927Mb) HOUSE No. 1276 Cfte Commontoealtf) of 00a$sacJ)u$etts SPECIAL REPORT OF THE DEPARTMENT OF MENTAL HEALTH ON THE ADVISA- BILITY AND EXPENSE OF ESTABLISH- ING A BUREAU FOR THE CARE OF INEBRIATES. [Public Health.] 100 Nashua Street, Boston, November 30, 1942. To the Honorable Senate and House of Representatives. The Department of Mental Health, acting in accord- ance with the authorization which follows, herewith re- spectfully submits its report. I. Authorization for this Report, Chapter 73, Resolves op 1943. Resolve providing foe an Investigation by the Department of Mental Health relative to the Advisability and Ex- pense or Establishing a Bureau for the Care of Inebriates. Resolved, That the department of mental health is hereby author- ized and directed to investigate the advisability of establishing a bureau for the care of inebriates, and in connection therewith to con- sider the subject matter of current house document numbered two thousand and seven, relative to the establishment in the department of public health of a bureau for the care of inebriates. Said department of mental health shall report to the general court the results of its investigation, and its recommendations, if any, together with esti- mates of cost and drafts of legislation necessary to carry such recom- mendations into effect, by filing the same with the clerk of the house of representatives on or before the first Wednesday of December in the year nineteen hundred and forty-two. Approved October 9, 19^1. 2 HOUSE — No. 1276. [Jan. The subject matter of House, No. 2007 follows: An Act relative to the Establishment of a Bureau for the Care of Inebriates under the Department of Public Health, Chapter one hundred and eleven of the General Laws, Tercentenary Edition, is hereby amended by inserting at the end the following new section: Section 190. A bureau for the care of inebriates shall be estab- lished under the department of public health, which bureau shall be made up of two psychiatrists, one physician, one social worker and one attorney. The duties of such bureau shall be to commit for care and treatment persons who have been sentenced for drunkenness more than three times to an institution or hospital established or to be established for the care of persons who are habitually intoxicated. The term of appointment for such members of this bureau shall be for a period of one year and the salary shall be one thousand dollars per year. The time of meeting of such bureau shall be weekly. 11. Historical Summary of the Care of Chronic Alcoholics in Massachusetts. Comprehensive reports on various aspects of the prob- lem of alcoholism in Massachusetts were submitted to the General Court in a special report of the board of trustees of the Foxborough State Hospital in March, 1910, as House, No. 1390, in accordance with resolve approved May 26, 1909; Mid again in the report of a special commission consist rig of the Commissioners of the Departments of Corr iction, Mental Diseases and Public Health, in January 1936, as House, No. 167, in accordance with a resolve approved June 26, 1935. A less detailed report was included as a section of the report of the special commission established to study the whole matter of the mentally diseased in their rela- tion to the Commonwealth, including all phases of work of the Department of Mental Diseases, March, 1939, in accordance with a resolve approved January 31, 1938. These reports detail the results of careful surveys of cer- tain social, medical and legal ramifications of the problem. From data included in these reports it becomes evi- dent that Massachusetts was one of the earliest States 1943.] HOUSE No. 1276. 3 to recognize that alcoholism is essentially a medical rather than a correctional problem, and also to make provisions, for the care of alcoholics on a medical basis. A hospital known as the Massachusetts Hospital for Dipsomaniacs and Inebriates, under state control, was opened at Foxborough in 1893. Originally provisions were made in the statutes for caring for both men and women, but in 1891, prior to opening the hospital, the law was amended to receive male patients only, and women inebriates continued to be sent to state mental hospitals under the legislation which was passed in 1885. The hospital worked under difficulties. It was not designed for strictly custodial cases; there were no ade- quate occupational therapy facilities; the escape rate was high; many patients granted ground parole obtained liquor and became intoxicated. The law governing ad- missions specified that the persons to be committed were not to be of bad repute or bad character apart from habits of inebriety. Unfortunately, however, some of the persons admitted were improperly classified and were not suitable for care at the hospital. The hospital was renamed the Foxborough State Hos- pital in 1905. Voluntary inebriates were first admitted to the hospital in 1906. The trustees of the Foxborough State Hospital in 1910 reported to the Legislature re- garding the problem of drunkenness in the entire State. They emphasized that the hospital was intended for young and hopeful cases. They reported that the most obvious needs for the proper constructive treatment of inebriates were 1. Sufficient land for agricultural development. 2. Sufficient plant for industrial training and workshops 3. An opportunity for segregation of diverse cases. A new hospital in Norfolk was established in 1910 as a colony of the Foxborough State Hospital, and in 1914 the Norfolk State Hospital was made a separate institu- tion for the care of inebriates under the State Board of Charity instead of the State Board of Insanity, as it was 4 HOUSE - No. 1276. Jan. formerly. This hospital was closed as a result of pro- hibition in 1919. The institution is now known as the Pondville State Hospital, and is used for the care of patients suffering from cancer. It is under the jurisdic- tion of the Department of Public Health. During the years of existence of the Norfolk State Hospital, female inebriates were admitted to state men- tal hospitals. In 1922 provisions were made to care for male and female inebriates at the Bridgewater State Farm. In 1933 female inebriates were ordered cared for at the Reformatory for Women instead of at the State Farm at Bridgewater. 111. The Present Legal Machinery for Restricted Care of Alcoholics Under the present statutes inebriates may not be ad- mitted to public mental institutions under the Depart- ment of Mental Health unless the patients are insane in addition to beipg inebriates. Commitments may be made to certain private institutions licensed by the Department of Mental Health and to the McLean Hospital. Com- mitments of inebriates may be made to the Bridgewater State Hospital for men, and to the Massachusetts Re- formatory for women, or any other institution under the Department of Correction that may be designated by the Governor. The statutes now in effect governing the reception of inebriates to institutions in Massachusetts follow: General Laws, Chapter 1 Section 62. Any of the judges named in section fifty, or a judge of the municipal court of the city of Boston, may commit to the state farm, or to any other institution under the department of cor- rection that may be designated by the governor, to the McLean hos- pital, or to a private licensed institution, by an order of commitment, directed to the trustees, superintendent, or manager thereof, as the case may be, made in accordance with section fifty-one, and accom- panied by a certificate, in accordance with section fifty-three, by two physicians qualified as therein provided, any male or female person, who is subject to dipsomania or inebriety, either in public or private, or who is so addicted to the intemperate use of narcotics, habit- forming stimulants or sedatives as to have lost the power of self- 1943.] HOUSE —No. 1276. 5 control. The judge receiving the application for such commitment shall examine on oath the applicant and all other witnesses, and shall reduce the application to writing and cause it to be subscribed and sworn to by the applicant. He shall cause a summons and copy of the application to be served upon such persons in the manner pro- vided by section twenty-five of chapter two hundred and seventy-six. Such person shall be entitled to a hearing unless after receiving said summons he shall in writing waive a hearing, in which case the judge may issue an order for his immediate commitment as aforesaid, with- out a hearing, if he is of opinion that the person is a proper subject for custody and treatment in the institution to which he is committed. The commitment may be made forthwith, if the examining physicians certify the case to be one of emergency. A person committed as aforesaid may be detained for two years after the date of his commit- ment, and no longer. Section 63. A person may appeal from the order of commitment as a dipsomaniac or inebriate, or as addicted to the intemperate use of narcotics or stimulants, to the superior court sitting for criminal business in the county from which he is committed, in the manner provided by section twenty-two of chapter two hundred and twelve, but he shall be held in such institution to abide the final order of the court until he recognizes in the manner provided in section eighteen of chapter two hundred and seventy-eight. Upon such appeal the judge who ordered the commitment may bind the witnesses by recog- nizance as provided in chapter two hundred and seventy-six, and shall make a copy of the order of commitment and other proceedings in the case and transmit the same with the recognizance, if any, to the clerk of the superior court.
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