Massachusetts General Laws

Mass. Gen. Laws ch. 123, § 22 (2026)

Civil liability of physicians, qualified advanced practice registered nurses, qualified psychologists, qualified psychiatric nurse mental health clinic specialists, police officers and licensed independent clinical social workers

✓ current as of July 2026

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Section 22. Physicians, qualified advanced practice registered nurses, qualified psychologists, qualified psychiatric nurse mental health clinical specialists, police officers and licensed independent clinical social workers shall be immune from civil suits for damages for restraining, transporting, applying for the admission of or admitting any person to a facility or Bridgewater state hospital if the physician, qualified advanced practice registered nurse, qualified psychologist, qualified psychiatric nurse mental health clinical specialist, police officer or licensed independent clinical social workers acts in accordance with this chapter.

Notes of Decisions

Cited in 7 cases (3 in the last 5 years), 1985–2025 · leading case: Temple v. Marlborough Div. of the Dist. Court Dep't, 479 N.E.2d 137 (Mass. 1985).

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Temple v. Marlborough Div. of the Dist. Court Dep't, 479 N.E.2d 137 (Mass. 1985). · cites it 4× “We conclude that the gravamen of the plaintiff’s complaint is that the judge and the psychiatrist failed to follow an otherwise proper State commitment procedure under G. L. c. 123, § 12 (1984 ed.). The judge, however, is immune from liability under c.”

Hopper v. Callahan, 562 N.E.2d 621 (Mass. 1990). · cites it 3× “), known as the Good Samaritan statute, and also under G. L. c. 123, § 22 (1986 ed.), concerning physicians’ restraint orders.”

Ahern v. O'Donnell, 109 F.3d 809 (1st Cir. 1997). · cites it 2× “Moran and the UMB officers were protected by Mass. Gen. Laws ch. 123, § 22 . This provides for immunity from civil rights suits for, inter alia, qualified psychologists and police officers who act pursuant to the provisions of Mass.”

Newton-Wellesley Hosp. v. Magrini, 889 N.E.2d 929 (Mass. 2008). “123, § 22 (“Physicians [and other designated medical providers] shall be immune from civil suits for damages for restraining, transporting, applying for the admission of or admitting any person to a facility ... if the physician [or other designated medical provider] acts…”

I.L. v. ELIZABETH S. TEMIN & Others (& a Companion Case). (Mass. App. Ct. 2024). · cites it 4× “11 First, he contends that the defendants are not entitled to immunity under G. L. c. 123, § 22, because G. L. c. 123, § 12 (a), requires that an individual be examined prior to being subjected to involuntary commitment, and he was not examined before being committed by the…”

Bearce v. Morton Hosp. A Steward Fam. Hosp., Inc. (D. Mass. 2022). · cites it 3× “123, § 12(a), not to chill mental health professionals from filing petitions pursuant to Mass. Gen. L. c. 123, § 12. Id. (citation and internal quotation marks omitted).”

Marie Y. Winfield v. Chaya Bhuvaneswaren & Others. (Mass. App. Ct. 2025). “Because the judge resolved many of the plaintiff's claims on immunity grounds, we address those claims first. A defendant physician has immunity pursuant to G.”

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