HB 5731

HOUSE BILL NO. 5731
A bill to amend 1974 PA 258, entitled
"Mental health code,"
by amending sections 100a and 260 (MCL 330.1100a and
330.1260), section 100a as amended by 2023 PA 118 and section 260 as amended by
2014 PA 200; and to repeal acts and parts of acts.
the people of the state of michigan enact:
Sec. 100a. (1) "Abilities" means
the qualities, skills, and competencies of an individual that reflect the
individual's talents and acquired proficiencies.
(2)
"Abuse" means nonaccidental physical or emotional harm to a
recipient, or sexual contact with or sexual penetration of a recipient as those
terms are defined in section 520a of the Michigan penal code, 1931 PA 328, MCL
750.520a, that is committed by an employee or volunteer of the department, a
community mental health services program, or a licensed hospital or by an
employee or volunteer of a service provider under contract with the department,
community mental health services program, or licensed hospital.
(3) "Adaptive
skills" means skills in 1 or more of the following areas:
(a) Communication.
(b) Self-care.
(c) Home living.
(d) Social skills.
(e) Community use.
(f) Self-direction.
(g) Health and
safety.
(h) Functional
academics.
(i) Leisure.
(j) Work.
(4) "Adult
foster care facility" means an adult foster care facility licensed under
the adult foster care facility licensing act, 1979 PA 218, MCL 400.701 to
400.737.
(5) "Alcohol
and drug abuse counseling" means the act of counseling, modification of
substance use disorder related behavior, and prevention techniques for
individuals with substance use disorder, their the individual's significant others, and individuals
who could potentially develop a substance use disorder.
(6)
"Applicant" means an individual or his or
her the individual's legal
representative who makes a request for mental health services.
(7) "Approved
service program" means a substance use disorder services program licensed or exempt from licensure under part 62 of the public
health code, 1978 PA 368, MCL 333.6230 to 333.6251, to provide substance use
disorder treatment and rehabilitation services by the department-designated
community mental health entity and approved by the federal government to deliver
a service or combination of services for the treatment of incapacitated
individuals.
(8) "Assisted
outpatient treatment" or "AOT" means the categories of
outpatient services ordered by the court under section 468 or 469a. Assisted
outpatient treatment may include a case management plan and case management
services to provide care coordination under the supervision of a psychiatrist
and developed in accordance with person-centered planning under section 712.
Assisted outpatient treatment may also include 1 or more of the following
categories of services: medication; periodic blood tests or urinalysis to
determine compliance with prescribed medications; individual or group therapy;
day or partial day programming activities; vocational, educational, or
self-help training or activities; assertive community treatment team services;
alcohol or substance use disorder treatment and counseling and periodic tests
for the presence of alcohol or illegal drugs for an individual with a history
of alcohol abuse or substance use disorder; supervision of living arrangements;
and any other services within a local or unified services plan developed under
this act that are prescribed to treat the individual's mental illness and to
assist the individual in living and functioning in the community or to attempt
to prevent a relapse or deterioration that may reasonably be predicted to
result in suicide, the need for hospitalization, or serious violent behavior.
The medical review and direction included in an assisted outpatient treatment
plan shall must be
provided under the supervision of a psychiatrist.
(9)
"Board" means the governing body of a community mental health
services program.
(10) "Board of
commissioners" means a county board of commissioners.
(11)
"Center" means a facility operated by the department to admit
individuals with developmental disabilities and provide habilitation and
treatment services.
(12)
"Certification" means formal approval of a program by the department
in accordance with standards developed or approved by the department.
(13) "Child
abuse" and "child neglect" mean those terms as defined in
section 2 of the child protection law, 1975 PA 238, MCL 722.622.
(14) "Child
and adolescent psychiatrist" means 1 or more of the following:
(a) A physician who
has completed a residency program in child and adolescent psychiatry approved
by the Accreditation Council for Graduate Medical Education or the American
Osteopathic Association, or who has completed 12 months of child and adolescent
psychiatric rotation and is enrolled in an approved residency program as
described in this subsection.
(b) A psychiatrist
employed by or under contract as a child and adolescent psychiatrist with the
department or a community mental health services program on March 28, 1996, who
has education and clinical experience in the evaluation and treatment of children
or adolescents with serious emotional disturbance.
(c) A psychiatrist
who has education and clinical experience in the evaluation and treatment of
children or adolescents with serious emotional disturbance who is approved by
the director.
(15)
"Children's diagnostic and treatment service" means a program
operated by or under contract with a community mental health services program,
that provides examination, evaluation, and referrals for minors, including
emergency referrals, that provides or facilitates treatment for minors, and
that has been certified by the department.
(16)
"Community mental health authority" means a separate legal public
governmental entity created under section 205 to operate as a community mental
health services program.
(17)
"Community mental health organization" means a community mental
health services program that is organized under the urban cooperation act of
1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512.
(18)
"Community mental health services program" means a program operated
under chapter 2 as a county community mental health agency, a community mental
health authority, or a community mental health organization.
(19)
"Consent" means a written agreement executed by a recipient, a minor
recipient's parent, a recipient's legal representative with authority to
execute a consent, or a full or limited guardian authorized under the estates
and protected individuals code, 1998 PA 386, MCL 700.1101 to 700.8206, with the
authority to consent, or a verbal agreement of a recipient that is witnessed
and documented by an individual other than the individual providing treatment.
(20)
"Conversion therapy" means any practice or treatment by a mental
health professional that seeks to change an individual's sexual orientation or
gender identity, including, but not limited to, efforts to change behavior or
gender expression or to reduce or eliminate sexual or romantic attractions or
feelings toward an individual of the same gender. Conversion therapy does not
include counseling that provides assistance to an individual undergoing a
gender transition, counseling that provides acceptance, support, or
understanding of an individual or facilitates an individual's coping, social
support, or identity exploration and development, including sexual
orientation-neutral intervention to prevent or address unlawful conduct or
unsafe sexual practices, as long as the counseling does not seek to change an
individual's sexual orientation or gender identity. As used in this subsection:
(a) "Gender
identity" means "gender identity or expression" as that term is
defined in section 103 of the Elliott-Larsen civil rights act, 1976 PA 453, MCL
37.2103.
(b) "Sexual
orientation" means that term as defined in section 103 of the
Elliot-Larsen civil rights act, 1976 PA 453, MCL 37.2103.
(21) "County
community mental health agency" means an official county or multicounty
agency created under section 210 that operates as a community mental health
services program and that has not elected to become a community mental health
authority or a community mental health organization.
(22) "Crisis
stabilization unit" means a prescreening unit established under section
409 or a facility certified under chapter 9A that provides unscheduled clinical
services designed to prevent or ameliorate a behavioral health crisis or reduce
acute symptoms on an immediate, intensive, and time-limited basis in response
to a crisis situation.
(23)
"Department" means the department of health and human services.
(24)
"Department-designated community mental health entity" means the
community mental health authority, community mental health organization,
community mental health services program, county community mental health
agency, or community mental health regional entity designated by the department
to represent a region of community mental health authorities, community mental
health organizations, community mental health services programs, or county
community mental health agencies.
(25)
"Dependent living setting" means all of the following:
(a) An adult foster
care facility.
(b) A nursing home
licensed under part 217 of the public health code, 1978 PA 368, MCL 333.21701
to 333.21799e.
(c) A home for the
aged licensed under part 213 of the public health code, 1978 PA 368, MCL
333.21301 to 333.21335.
(26)
"Designated representative" means any of the following:
(a) A registered
nurse or licensed practical nurse licensed or otherwise authorized under part
172 of the public health code, 1978 PA 368, MCL 333.17201 to 333.17242.
(b) A paramedic
licensed or otherwise authorized under part 209 of the public health code, 1978
PA 368, MCL 333.20901 to 333.20979.
(c) A physician's
assistant licensed or otherwise authorized under part 170 or 175 of the public
health code, 1978 PA 368, MCL 333.17001 to 333.17097 and 333.17501 to
333.17556.
(d) An individual
qualified by education, training, and experience who performs acts, tasks, or
functions under the supervision of a physician.
(27)
"Developmental disability" means either of the following:
(a) If applied to
an individual older than 5 years of age, a severe, chronic condition that meets
all of the following requirements:
(i) Is attributable to a mental or physical
impairment or a combination of mental and physical impairments.
(ii) Is manifested before the individual is
22 years old.
(iii) Is likely to continue indefinitely.
(iv) Results in substantial functional
limitations in 3 or more of the following areas of major life activity:
(A) Self-care.
(B) Receptive and
expressive language.
(C) Learning.
(D) Mobility.
(E) Self-direction.
(F) Capacity for
independent living.
(G) Economic
self-sufficiency.
(v) Reflects the individual's need for a
combination and sequence of special, interdisciplinary, or generic care,
treatment, or other services that are of lifelong or extended duration and are
individually planned and coordinated.
(b) If applied to a
minor from birth to 5 years of age, a substantial developmental delay or a
specific congenital or acquired condition with a high probability of resulting
in developmental disability as defined in subdivision (a) if services are not
provided.
(28)
"Director" means the director of the department or his or her the director's
designee.
(29)
"Discharge" means an absolute, unconditional release of an individual
from a facility by action of the facility or a court.
(30) "Eligible
minor" means an individual less than 18 years of age who is recommended in
the written report of a multidisciplinary team under rules promulgated by the
department of education to be classified as 1 of the following:
(a) Severely
mentally impaired.
(b) Severely
multiply impaired.
(c) Autistic
impaired and receiving special education services in a program designed for the
autistic impaired under R 340.1758 of the Michigan Administrative Code or in a
program designed for the severely mentally impaired or severely multiply
impaired.
(31)
"Emergency situation" means a situation in which an individual is
experiencing a serious mental illness or a developmental disability, or a minor
is experiencing a serious emotional disturbance, and 1 of the following
applies:
(a) The individual
can reasonably be expected within the near future to physically injure himself, herself, the
individual's self or another individual, either intentionally or
unintentionally.
(b) The individual
is unable to provide himself or herself the individual's self with food, clothing, or shelter
or to attend to basic physical activities such as eating, toileting, bathing,
grooming, dressing, or ambulating, and this inability may lead in the near
future to harm to the individual or to another individual.
(c) The individual
has mental illness that has impaired his or her the individual's judgment so that the individual is
unable to understand his or her the individual's own need for treatment and presents
a risk of harm.
(32)
"Executive director" means an individual appointed under section 226
to direct a community mental health services program or his or her the
individual's designee.
Sec. 260. (1) As used in this chapter:
(a)
"Child" means an individual less than 14 years of age.
(b)
"Court" means the probate court for the county in which an
individual, for whom a request for substance use disorder treatment and
rehabilitation services has been made or a petition for involuntary treatment
has been filed, either resides or is found.
(c) "Health
professional" means an individual licensed or otherwise authorized to
engage in a health profession under article 15 of the public health code, 1978
PA 368, MCL 333.16101 to 333.18838, and whose scope of practice includes the
diagnosis and treatment of individuals with a substance use disorder.
(d)
"Hospital" means a hospital licensed under part 215 of the public
health code, 1978 PA 368, MCL 333.21501 to 333.21571.
(e)
"Minor" means an individual 14 or more years of age and less than 18
years of age.
(f) "Person in
loco parentis" means an individual who is not the parent or guardian of a
child or minor but who has legal custody of the child or minor and is providing
support and care for the child or minor.
(g)
"Petitioner" means a person that institutes a proceeding under
section 281a.
(h)
"Physiological dependency" means addiction to alcohol or drugs that
alters the body's physical or psychological status, or both.
(i)
"Program" means a hospital, clinic, organization, or health
professional, licensed or exempt from licensure under part 62 of the public
health code, 1978 PA 368, MCL 333.6230 to 333.6251, to provide substance use
disorder services.
(j)
"Respondent" means an individual alleged in a petition filed under
section 281a to be an individual who has a substance use disorder and who may
be ordered under section 281b or 281c to undergo involuntary treatment.
(2) The department
shall begin implementation of the changes made to this chapter by 2012 PA 500
not later than October 1, 2013 and shall have the changes completed by not
later than October 1, 2014.
Enacting section 1.
Section 973 of the mental health code, 1974 PA 258, MCL 330.1973, is repealed.
Enacting section 2. This amendatory act does not take
effect unless House Bill No. 5729 (request no. H03349'25) of the 103rd
Legislature is enacted into law.