Code of Massachusetts Regulations 104 CMR - DEPARTMENT OF MENTAL HEALTH
The 104 CMR is the Code of Massachusetts Regulations governing the Department of Mental Health (DMH). Compiled by the Trial Court Law Libraries, it establishes statewide authority, licensing, service standards, and oversight protocols. The latest version was last updated December 20, 2024 (mass.gov).
đź“š Overview of 104 CMR
104 CMR 25.00 – Authority, mission, definitions, and computation of time (mass.gov)
104 CMR 26.00 – Department structure and public participation
104 CMR 27.00 – Licensing and operational standards for mental health facilities (mass.gov)
104 CMR 28.00 – Licensing and operational standards for community services (mass.gov)
104 CMR 29.00 – Application for services, referral processes, service planning, and appeals (mass.gov)
104 CMR 30.00 – Fiscal administration
104 CMR 31.00 – Human subject research
104 CMR 32.00 – Investigations and mandatory reporting
104 CMR 33.00 – Qualification and appointment of mental health professionals (mass.gov, publiccounsel.net)
🔍 Regulatory Highlights
104 CMR 27.00 – Mental Health Facility Standards
Defines licensing scope, facility responsibilities, and staffing requirements (e.g. on-site physician or APRN) .
Divided into Subparts:
A: Scope & definitions
B: Licensing procedures (§ 27.03 addresses capacity, service needs, and compliance) (dataguidance.com, law.cornell.edu)
C: Facility operations (admission/discharge, treatment standards, human rights, restraints, interpreter services) (regulations.justia.com)
D: Substance Use Disorder treatment (dataguidance.com)
Subpart C includes critical operational guidance: interpreter services must be available 24/7 and facilities must avoid using untrained interpreters (e.g. family members) (dataguidance.com).
104 CMR 28.00 – Community Services
This section governs DMH-contracted community-based services and crisis stabilization programs, defining scope, licensing methodology, and service expectations (law.cornell.edu).
104 CMR 29.00 – Applications, Service Plans & Appeals
Includes:
29.04: Eligibility and determination of need
29.06–29.10: Service planning and review
29.14–29.16: Appeals. Denials due to domicile, clinical need, plan content, or discharge can be appealed via a resolution conference, fair hearing, or judicial review under M.G.L. c. 30A (law.cornell.edu).
âś… Why This Matters
Providers must comply with structured standards—licensing, staff qualifications, human rights protections, and interpreter availability.
Patients and families have associated rights, including appeal processes, informed consent, and language access.
Regulatory oversight ensures facilities meet public health and safety obligations aligned with state law.
đź“‚ Accessing the Regulations
The full text is available on [Mass.gov's 104 CMR page] (mass.gov) or via Law Cornell’s and Justia’s free repositories (law.cornell.edu).
The official print version can be purchased through state channels (mass.gov).
🧠Where to Go Next
If you're interested in:
Operational rules (e.g. restraint, discharge, appeals)—look into Subpart C of 27.00 or 29.16.
Community services—see 104 CMR 28.00.
Definitions and mission/law framework—refer to 104 CMR 25.00.
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