Mass. Gen. Laws » Part I Title XVI Chapter 111B
Massachusetts General Laws

Mass. Gen. Laws ch. 111B, § 3 (2026)

Definitions

✓ current as of July 2026
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Section 3. In this chapter the following words shall, unless the context requires otherwise, have the following meanings:—

''Administrator'', the person in charge of the operation of a facility, or his designee.

''Alcoholic'', a person suffering from alcoholism.

''Alcoholism'', a medically diagnosable disease characterized by chronic, habitual or periodic consumption of alcoholic beverages resulting in the (1) substantial interference with an individual's social or economic functions in the community, or (2) the loss of powers of self-control with respect to the use of such beverages.

''Commissioner'', the commissioner of public health.

''Department'', the department of public health.

''Director'', the director of the division of alcoholism.

''Division'', the division of alcoholism.

''Facility'', any public or private place, or portion thereof, providing services especially designed for the detoxification of intoxicated persons or alcoholics.

''Halfway house for alcoholics'', an intermediate care center in a community which provides temporary residential accommodation, guidance, supervision, and personal adjustment services for a group of three or more sober alcoholics, provided it shall not be deemed a facility as defined in section three of chapter one hundred and eleven B or a permanent residence.

''Incapacitated'', the condition of an intoxicated person who, by reason of the consumption of intoxicating liquor is (1) unconscious, (2) in need of medical attention, (3) likely to suffer or cause physical harm or damage property, or (4) disorderly.

''Independent physician'', a physician registered in accordance with chapter one hundred and twelve, other than one holding an office or appointment in any department, board or agency of the commonwealth, or in any public facility.

''Juvenile'', any person who is between seven and seventeen years of age.

''Patient'', any person admitted to a facility.

''Treatment'', services and programs for the care of intoxicated persons and alcoholics.

''Treatment program unit'', any public or private place, or portion thereof, providing any type of inpatient recovery services or outpatient services, or both, designed especially for the treatment and rehabilitation of alcoholics. This classification shall not include detoxification facilities or halfway houses for alcoholics.

Notes of Decisions
Cited in 13 cases (4 in the last 5 years), 1987–2025 · leading case: Alfano v. Lynch, 847 F.3d 71 (1st Cir. 2017).
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Alfano v. Lynch, 847 F.3d 71 (1st Cir. 2017). “2004), that Alfano was both intoxicated and incapacitated (that is, apt to harm himself, to harm someone else, or to damage property), 5 see Mass. Gen. Laws ch. 111B, § 3. This is a fact-specific determination: a qualified immunity defense cannot prevail unless the officer’s…”
Commonwealth v. McCaffery, 732 N.E.2d 911 (Mass. App. Ct. 2000). · cites it 4× “” G. L. c. 111B, § 3. Section 8 further states that, in order to determine whether or not such person is intoxicated, “the police officer may request the person to submit to reasonable tests of coordination, coherency of speech, and breath.”
NATASHA M. BAPTISTA, individually & as Pers. Rep. v. BRISTOL Cnty. SHERIFF'S Dep't (& a companion case )., 100 Mass. App. Ct. 841 (Mass. App. Ct. 2022). · cites it 3× “" G. L. c. 111B, § 3. In July 2013, at the time of the incident here, § 8 provided as follows: "Any person who is incapacitated may be assisted by a police officer with or without his consent to his residence, to a facility or to a police station.”
Commonwealth v. O'Brien, 750 N.E.2d 1000 (Mass. 2001). · cites it 3× “When a person is taken into protective custody, police are to contact the nearest “facility” (defined as a place “providing services especially designed for the detoxification of intoxicated persons or alcoholics,” G. L. c. 111B, § 3), and ascertain whether “suitable treatment…”
Commonwealth v. Tomeo, 507 N.E.2d 725 (Mass. 1987). · cites it 2× “111B, § 8, and who is “likely to suffer or cause physical harm or damage property,” G. L. c. 111B, § 3. The incapacitated person may also be assisted to his residence or to a detoxification facility.”
DePina v. Gen. Dynamics Corp., 674 F. Supp. 46 (D. Mass. 1987). “Cf Mass. Gen.Laws ch. 111B, § 3 (1983) (defining “alcoholism” as “a medically diagnosable disease characterized by chronic, habitual or periodic consumption of alcoholic beverages resulting in the (1) substantial interference with an individual’s social or economic functions in…”
Cohen v. Bolduc, 435 Mass. 608 (Mass. 2002). “” That statute, in turn, defines “facility” as “any hospital, institution for the care of unwed mothers, clinic, infirmary maintained in a town, convalescent or nursing home, rest home, or charitable home for the aged, licensed or subject to licensing by the [Department of…”
Commonwealth v. Quezada, 856 N.E.2d 189 (Mass. App. Ct. 2006). “” G. L. c. 111B, § 3, as inserted by St. 1971, c.”
Commonwealth v. Nickerson, 948 N.E.2d 906 (Mass. App. Ct. 2011). “, quoting from G. L. c. 111B, § 3. The record does not reflect a sufficient basis to conclude that the defendant was incapacitated within the meaning of G.”
Commonwealth v. Raymond J. Verrier (Mass. App. Ct. 2025). · cites it 2× “See G. L. c. 111B, § 3 (incapacitated means "the condition of an intoxicated person who, by reason of the consumption of intoxicating liquor is (1) unconscious, (2) in need of medical attention, (3) likely to suffer or cause physical harm or damage property, or (4) disorderly").”
Commonwealth v. Butler (Mass. App. Ct. 2020). “" G. L. c. 111B, § 3. 22 the defendant's help to leave.”
Waterman v. City of Taunton (D. Mass. 2024). “On Waterman’s supported version of the facts, DeOliveira had probable cause to believe Waterman was intoxicated within the meaning of M.G.L. c. 111B, § 3. While Waterman denies DeOliveira’s account that he appeared to be “heavily intoxicated,” he acknowledges that he drank four…”
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