Mass. Gen. Laws » Part I Title XVII Chapter 123B
Massachusetts General Laws

Mass. Gen. Laws ch. 123B, § 2 (2026)

Regulations

✓ current as of July 2026
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Section 2. The department shall, in accordance with section two of chapter thirty A and subject to appropriation, adopt regulations consistent with this chapter which establish procedures and the highest practicable professional standards for the reception, examination, treatment, restraint, transfer and discharge of persons with an intellectual disability in departmental facilities. Said regulations shall be adaptable to changing conditions and to advances in methods of care and treatment and in programs and services for persons with an intellectual disability. Said regulations (1) shall include, but not necessarily be limited to, long and short-term residential care, educational services, and preschool clinical services, (2) shall define the levels of and other aspects of intellectual disability as deemed necessary by the department, and (3) shall provide for different procedures for particular facilities or programs.

The department shall, in accordance with section 2 of chapter 30A and subject to appropriation, adopt regulations consistent with this chapter which establish procedures and the highest practicable professional standards for community services for persons with developmental disabilities.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1990–2023 · leading case: In the Matter of McKnight, 550 N.E.2d 856 (Mass. 1990).
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In the Matter of McKnight, 550 N.E.2d 856 (Mass. 1990). · cites it 2× “We reject the possibility that David has a constitutional right to elect (pursuant to substituted judgment principles) among placements and treatment procedures that are acceptable to qualified professionals.”
Newell v. Dep't of Mental Retardation, 446 Mass. 286 (Mass. 2006). “19B, § 14, and G. L. c. 123B, § 2, provided: “It is the responsibility of the Department and its service providers to engage in service planning, including the provision of preliminary assessments, case management and comprehensive assessments, individual service plans and…”
Judge Rotenberg Educ. Ctr., Inc. v. Comm'r of the Dep't of Developmental Servs. (Mass. 2023). “which establish procedures and the highest practicable professional standards for the reception, examination, treatment, restraint, transfer and discharge of persons with an intellectual disability in departmental facilities," see G. L. c. 123B, § 2. The statutory scheme…”
Melican v. Morrisey, 20 Mass. L. Rptr. 723 (Mass. Super. Ct. 2006). “The Hearing Officer found that Melican met the definition of mental retardation under G.L.c. 123B, §2 and 115 CMR 2 .01, consistent with the currently (1994) accepted clinical authority of the American Association on Mental Retardation (“AAMR”).”
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