HB 6319

HOUSE BILL NO. 6319
A bill to amend 1974 PA 258,
entitled
"Mental health code,"
by amending sections 100a, 100b, 100c, 281b, 400, 420,
423, 425, 426, 427, 429, 430, 434, 435, 438, 452, 461, 463, 498o, 517, 532,
700, 740, and 742 (MCL 330.1100a, 330.1100b, 330.1100c, 330.1281b, 330.1400,
330.1420, 330.1423, 330.1425, 330.1426, 330.1427, 330.1429, 330.1430, 330.1434,
330.1435, 330.1438, 330.1452, 330.1461, 330.1463, 330.1498o, 330.1517,
330.1532, 330.1700, 330.1740, and 330.1742), section 100a as amended by 2023 PA
118, section 100b as amended by 2020 PA 402, section 100c as amended by 2023 PA
56, section 281b as added by 2014 PA 200, sections 400 and 420 as amended by
2018 PA 595, sections 423, 425, 427, and 463 as amended by 2016 PA 320,
sections 426, 429, and 438 as amended by 2022 PA 214, sections 430, 498o, 700,
and 740 as amended by 1995 PA 290, sections 434, 435, 452, and 461 as amended by
2018 PA 593, sections 517 and 532 as amended by 2018 PA 596, and section 742 as
amended by 2004 PA 527.
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
significant others, and individuals who could potentially develop a substance
use disorder.
(5) (6) "Applicant"
means an individual or his or her the individual's legal representative who makes a
request for mental health services.
(6) (7) "Approved
service program" means a substance use disorder services program licensed
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.
(7) (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.
(8) (9) "Board"
means the governing body of a community mental health services program.
(9) (10) "Board
of commissioners" means a county board of commissioners.
(10) (11) "Center"
means a facility operated by the department to admit individuals with
developmental disabilities and provide habilitation and treatment services.
(11) (12) "Certification"
means formal approval of a program by the department in accordance with
standards developed or approved by the department.
(12)
"Certified nurse practitioner" means a registered professional nurse
who holds a specialty certification as a nurse practitioner under part 172 of
the public health code, 1978 PA 368, MCL 333.17201 to 333.17242.
(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) "Clinical
nurse specialist" means an individual who is licensed as a registered
professional nurse under part 172 of the public health code, 1978 PA 368, MCL
333.17201 to 333.17242, who has been granted a specialty certification as a
clinical nurse specialist by the Michigan board of nursing under section 17210
of the public health code, 1978 PA 368, MCL 333.17210.
(17) (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.
(18) (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.
(19) (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.
(20) (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.
(21) (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.
(22) (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.
(23) (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.
(24) (23) "Department"
means the department of health and human services.
(25) (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.
(26) (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.
(27) (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.
(28) (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.
(29) (28) "Director"
means the director of the department or his or her the director's designee.
(30) (29) "Discharge"
means an absolute, unconditional release of an individual from a facility by
action of the facility or a court.
(31) (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.
(32) (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 in 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 need for treatment and presents a
risk of harm.
(33) (32) "Executive
director" means an individual appointed under section 226 to direct a
community mental health services program or his or
her the executive director's designee.
Sec. 100b.
(1) Except as otherwise provided in this subsection,
"facility" means a residential facility for the care or
treatment of individuals with serious mental illness, serious emotional
disturbance, or developmental disability that is either a state facility or a
licensed facility. Facility includes a preadmission
screening unit established under section 409 that is operating a crisis
stabilization unit.
(2) "Family" as used in sections 156 to 161 means an
eligible minor and his or
her the
eligible minor's parent or legal guardian.
(3) "Family member" means a parent, stepparent,
spouse, sibling, child, or grandparent of a primary consumer, or an individual upon on whom a primary
consumer is dependent for at
least not less
than 50% of his
or her the
individual's financial support.
(4) "Federal funds" means funds received from the
federal government under a categorical grant or similar program and does not
include federal funds received under a revenue sharing arrangement.
(5) "Functional impairment" means both of the
following:
(a) With regard to serious emotional disturbance, substantial
interference with or limitation of a minor's achievement or maintenance of 1 or
more developmentally appropriate social, behavioral, cognitive, communicative,
or adaptive skills.
(b) With regard to serious mental illness, substantial
interference or limitation of role functioning in 1 or more major life
activities including basic living skills such as eating, bathing, and dressing;
instrumental living skills such as maintaining a household, managing money,
getting around the community, and taking prescribed medication; and functioning
in social, vocational, and educational contexts.
(6) "Guardian" means a person appointed by the court
to exercise specific powers over an individual who is a minor, legally
incapacitated, or developmentally disabled.
(7) "Hospital" or "psychiatric hospital"
means an inpatient program operated by the department for the treatment of
individuals with serious mental illness or serious emotional disturbance or a
psychiatric hospital or psychiatric unit licensed under section 137.
(8) "Hospital director" means the chief
administrative officer of a hospital or his or her the hospital director's designee.
(9) "Hospitalization" or "hospitalize"
means to provide treatment for an individual as an inpatient in a hospital.
(10) "Incapacitated" means that an individual, as a
result of the use of alcohol or other drugs, is unconscious or has his or her the individual's mental
or physical functioning so impaired that he or she the individual either poses an immediate and
substantial danger to his
or her the
individual's own health and safety or is endangering the health
and safety of the public.
(11) "Individual plan of services" or "plan of
services" means a written individual plan of services developed with a
recipient as required by section 712.
(12) "Individual representative" means a recipient's
legal guardian, minor recipient's parent, or other person authorized by law to
represent the recipient in decision-making related to the recipient's services
and supports.
(13) "Intellectual disability" means a condition
manifesting before the age of 18 years that is characterized by significantly
subaverage intellectual functioning and related limitations in 2 or more
adaptive skills and that is diagnosed based on the following assumptions:
(a) Valid assessment considers cultural and linguistic
diversity, as well as differences in communication and behavioral factors.
(b) The existence of limitation in adaptive skills occurs within in the context of
community environments typical of the individual's age peers and is indexed to
the individual's particular needs for support.
(c) Specific adaptive skill limitations often coexist with
strengths in other adaptive skills or other personal capabilities.
(d) With appropriate supports over a sustained period, the
life functioning of the individual with an intellectual disability will
generally improve.
(14) "Licensed facility" means a facility licensed
by the department under section 137 or an adult foster care facility.
(15) "Licensed psychologist" means a doctoral level
psychologist licensed under section 18223(1) of the public health code, 1978 PA
368, MCL 333.18223.
(16) "Mediation" means a confidential process in
which a neutral third party facilitates communication between parties, assists
in identifying issues, and helps explore solutions to promote a mutually
acceptable resolution. A mediator does not have authoritative decision-making
power.
(17) "Medicaid" means the program of medical assistance program established under section 105 of the social
welfare act, 1939 PA 280, MCL 400.105.
(18) "Medical
director" means a psychiatrist appointed under section 231 to advise the
executive director of a community mental health services program.
(19) "Mental health
professional" means an individual who is trained and experienced in the
area of mental illness or developmental disabilities and who is 1 of the
following:
(a) A physician.
(b) A psychologist.
(c) A registered professional nurse licensed or otherwise
authorized to engage in the practice of nursing under part 172 of the public
health code, 1978 PA 368, MCL 333.17201 to 333.17242.
(d) A licensed master's social worker licensed or otherwise
authorized to engage in the practice of social work at the master's level under
part 185 of the public health code, 1978 PA 368, MCL 333.18501 to 333.18518.
(e) A licensed professional counselor licensed or otherwise
authorized to engage in the practice of counseling under part 181 of the public
health code, 1978 PA 368, MCL 333.18101 to 333.18117.
(f) A marriage and family therapist licensed or otherwise
authorized to engage in the practice of marriage and family therapy under part
169 of the public health code, 1978 PA 368, MCL 333.16901 to 333.16915.
(g) A
physician's assistant.
(h) A
certified nurse practitioner.
(i) A
clinical nurse specialist.
(20) "Minor" means
an individual under the
age of who is
less than 18 years of age.
(21) "Multicultural
services" means specialized mental health services for multicultural
populations such as including, but not limited to, African-Americans,
Hispanics, Native Americans, Asian and Pacific Islanders, and
Arab/Chaldean-Americans.
(22) "Neglect"
means an act or failure to act committed by an employee or volunteer of the
department, a community mental health services program, or a licensed hospital;
a service provider under contract with the department, a community mental health
services program, or a licensed hospital; or an employee or volunteer of a
service provider under contract with the department, a community mental health
services program, or a licensed hospital, that denies a recipient the standard
of care or treatment to which he or she the recipient is entitled under this act.
Sec.
100c. (1) "Peace officer" means an officer of the department of state
police, an officer of a law enforcement agency of a county, township, city, or
village who is responsible for preventing and detecting crime and enforcing the
criminal laws of this state, or an officer of a law enforcement agency who is
licensed under the Michigan commission on law enforcement standards act, 1965
PA 203, MCL 28.601 to 28.615. For the purposes of sections 408, 426, 427a, and
427b, peace officer also includes an officer of the United States Secret
Service with the officer's consent and a police officer of the Veterans'
Administration Medical Center Reservation.
(2) "Peer
review" means a process, including the review process required under
section 143a, in which mental health professionals of a state facility,
licensed hospital, or community mental health services program evaluate the
clinical competence of staff and the quality and appropriateness of care
provided to recipients. Peer review evaluations are confidential in accordance
with section 748(9) and are based on criteria established by the facility or
community mental health services program itself, the accepted standards of the
mental health professions, and the department.
(3) "Person
requiring treatment" means an individual who meets the criteria described
in section 401.
(4)
"Physician" means an individual licensed or otherwise authorized to
engage in the practice of medicine under part 170 of the public health code,
1978 PA 368, MCL 333.17001 to 333.17097, or to engage in the practice of
osteopathic medicine and surgery under part 175 of the public health code, 1978
PA 368, MCL 333.17501 to 333.17556.
(5) "Physician's
assistant" means an individual licensed to engage in the practice as a
physician's assistant as that term is defined in sections 17001 and 17501 of
the public health code, 1978 PA 368, MCL 333.17001 and 333.17501.
(6) (5) "Primary
consumer" means an individual who has received or is receiving services
from the department or a community mental health services program or services
from the private sector equivalent to those offered by the department or a
community mental health services program.
(7) (6) "Priority"
means preference for and dedication of a major proportion of resources to
specified populations or services. Priority does not mean serving or funding
the specified populations or services to the exclusion of other populations or
services.
(8) (7) "Protective
custody" means the temporary custody of an individual by a peace officer
with or without the individual's consent for the purpose of protecting that
individual's health and safety, or the health and safety of the public, and for
the purpose of transporting the individual under section 276, 408, or 427 if
the individual appears, in the judgment of the peace officer, to be a person
requiring treatment or is a person requiring treatment. Protective custody is
civil in nature and is not an arrest.
(9) (8) "Psychiatric
residential treatment facility" or "PRTF" means a facility other
than a hospital that provides psychiatric services, as described in 42 CFR
441.150 to 441.184, in an inpatient setting to individuals under age who are less
than 21 years of age.
(10) (9) "Psychiatric
unit" means a unit of a general hospital that provides inpatient services
for individuals with serious mental illness or serious emotional disturbance.
As used in this subsection, "general hospital" means a hospital as defined
in section 20106 of the public health code, 1978 PA 368, MCL 333.20106.
(11) (10) "Psychiatrist"
means 1 or more of the following:
(a) A physician who
has completed a residency program in psychiatry approved by the Accreditation
Council for Graduate Medical Education or the American Osteopathic Association,
or who has completed 12 months of psychiatric rotation and is enrolled in an
approved residency program as described in this subdivision.
(b) A psychiatrist
employed by or under contract with the department or a community mental health
services program on March 28, 1996.
(c) A physician who
devotes a substantial portion of his or her the physician's time to the practice of psychiatry
and is approved by the director.
(12) (11) "Psychologist"
means an individual who is licensed or otherwise authorized to engage in the
practice of psychology under part 182 of the public health code, 1978 PA 368,
MCL 333.18201 to 333.18237, and who devotes a substantial portion of his or her the
individual's time to the diagnosis and treatment of individuals with
serious mental illness, serious emotional disturbance, substance use disorder,
or developmental disability.
(13) (12) "Public
patient" means an individual approved for mental health services by a
community mental health services program. Public patient includes an individual
who is admitted as a patient under section 423, 429, or 438.
(14) (13) "Recipient"
means an individual who receives mental health services, either in person or
through telemedicine, from the department, a community mental health services
program, or a facility or from a provider that is under contract with the department
or a community mental health services program. For the purposes of this act,
recipient does not include an individual receiving substance use disorder
services under chapter 2A unless that individual is also receiving mental
health services under this act in conjunction with substance use disorder
services.
(15) (14) "Recipient
rights advisory committee" means a committee of a community mental health
services program board appointed under section 757 or a recipient rights
advisory committee appointed by a licensed hospital under section 758.
(16) (15) "Recovery"
means a highly individualized process of healing and transformation by which
the individual gains control over his or her the individual's life. Related services include
recovery management, recovery support services, recovery houses or transitional
living programs, and relapse prevention. Recovery involves the development of a
new meaning, purpose, and growing beyond the impact of addiction or a
diagnosis. Recovery may include the pursuit of spiritual, emotional, mental, or
physical well-being.
(17) (16) "Regional
entity" means an entity established under section 204b to provide
specialty services and supports.
(18)
"Registered professional nurse" means that term as defined in section
17201 of the public health code, 1978 PA 368, MCL 333.17201.
(19) (17) "Rehabilitation"
means the act of restoring an individual to a state of mental and physical
health or useful activity through vocational or educational training, therapy,
and counseling.
(20) (18) "Resident"
means an individual who receives services in a facility.
(21) (19) "Responsible
mental health agency" means the hospital, center, or community mental
health services program that has primary responsibility for the recipient's
care or for delivering services or supports to that recipient.
(22) (20) "Rule"
means a rule promulgated under the administrative procedures act of 1969, 1969
PA 306, MCL 24.201 to 24.328.
Sec. 281b. (1) Upon On receipt of a
petition filed under section 281a and the payment of the filing fee, if any,
the court shall examine the petitioner under oath as to the contents of the
petition.
(2) If, after reviewing the contents of the petition and
examining the petitioner under oath, it appears to the court that there is
probable cause to believe the respondent may reasonably benefit from treatment,
the court shall do all of the following:
(a) Schedule a hearing to be held within not later than 7 days to determine if there
is clear and convincing evidence that the respondent may reasonably benefit
from treatment.
(b) Notify the respondent and all other individuals named in
the petition under section 281a(3)(d) to (h) concerning the allegations and
contents of the petition and of the date and the purpose of the hearing.
(c) Notify the respondent that the respondent may retain
counsel and, if the respondent is unable to retain counsel, that the respondent
may be represented by court-appointed counsel at public expense if the
respondent is indigent. Upon
On the
appointment of court-appointed counsel for an indigent respondent, the court
shall notify the respondent of the name, address, and telephone number of the
court-appointed counsel.
(d) Notify the respondent that the court will cause the
respondent to be examined not later than 24 hours before the hearing date by a
physician, physician's assistant,
certified nurse practitioner, or clinical nurse specialist for
the purpose of a physical examination and by an independent health professional
for the purpose of a substance use disorder assessment and diagnosis. In
addition, the court shall notify the respondent that the respondent may have an
independent expert evaluation of his or her the respondent's physical and mental
condition conducted at the respondent's own expense.
(e) Cause the respondent to be examined not later than 24
hours before the hearing date by a physician, physician's assistant, certified nurse practitioner, or
clinical nurse specialist for the purpose of a physical
examination and by an independent health professional for the purpose of a
substance use disorder assessment and diagnosis.
(f) Conduct the hearing.
(3) The physician, physician's assistant, certified nurse practitioner, or
clinical nurse specialist who examined the respondent for the
purpose of a physical examination, the health professional who examined the
respondent for the purpose of the substance use disorder assessment and
diagnosis, and, if applicable, the individual who conducted the independent
expert evaluation of the respondent's physical and mental condition at the
respondent's expense shall certify his or her the individual's findings to the court within not later than 24
hours after the examination. The findings must include a recommendation for
treatment if the physician, physician's
assistant, certified nurse practitioner, clinical nurse specialist, health
professional, or individual determines that treatment is necessary.
(4) If, upon
on completion
of the hearing held under this section, the court finds by clear and convincing
evidence that the requirements of section 281a(1) are met, the court may order
the involuntary treatment of the respondent after considering the
recommendations for treatment that were submitted to the court under subsection
(3). If ordered, the court shall order the involuntary treatment to be provided
by an approved service program or by a health professional qualified by
education and training to provide the treatment.
(5) A respondent who fails to undergo and complete the
treatment ordered under subsection (4) is in contempt of court. An approved
service program to which or health professional to whom a respondent is ordered
for treatment under subsection (4) shall must notify the court of a respondent's
failure to undergo or complete treatment ordered under subsection (4).
(6) If at any time after a petition is filed under section
281a the court finds that there is not probable cause to order or continue
treatment or the petitioner withdraws the petition, the court shall dismiss the
proceedings against the respondent.
(7) As used in this section, "substance use disorder
assessment and diagnosis" includes an evaluation of all of the following:
(a) Whether the individual has a substance use disorder.
(b) Whether the individual presents an imminent danger or
imminent threat of danger to self, family, or others as a result of the
substance use disorder, or whether a substantial likelihood of the threat of
danger in the near future exists.
(c) Whether the individual can reasonably benefit from
treatment.
Sec. 400. As used in this chapter, unless
the context requires otherwise:
(a) "Clinical certificate" means the written
conclusion and statements of a physician, physician's assistant, certified nurse practitioner,
clinical nurse specialist, or a licensed psychologist that an individual is
a person requiring treatment, together with the information and opinions, in
reasonable detail, that underlie the conclusion, on the form prescribed by the
department or on a substantially similar form.
(b) "Competent clinical opinion" means the clinical
judgment of a physician, psychiatrist, physician's assistant, certified nurse practitioner,
clinical nurse specialist, or licensed psychologist.
(c) "Court" means the probate court or the court
with responsibility with regard to mental health services for the county of
residence of the subject of a petition, or for the county in which the subject
of a petition was found.
(d) "Formal voluntary hospitalization" means
hospitalization of an individual based on both of the following:
(i)
The execution of an application for voluntary hospitalization by the individual
or by a patient advocate designated under the estates and protected individuals
code, 1998 PA 386, MCL 700.1101 to 700.8206, to make mental health treatment
decisions for the individual.
(ii)
The hospital director's determination that the individual is clinically
suitable for voluntary hospitalization.
(e) "Informal voluntary hospitalization" means
hospitalization of an individual based on all of the following:
(i)
The individual's request for hospitalization.
(ii)
The hospital director's determination that the individual is clinically
suitable for voluntary hospitalization.
(iii)
The individual's agreement to accept treatment.
(f) "Involuntary mental health treatment" means
court-ordered hospitalization, assisted outpatient treatment, or combined
hospitalization and assisted outpatient treatment as described in section 468.
For the purpose of this chapter, involuntary mental health treatment does not
include 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 to mental health treatment for an individual found to be a legally incapacitated
individual under the estates and protected individuals code, 1998 PA 386, MCL
700.1101 to 700.8206.
(g) "Mental illness" means a substantial disorder of
thought or mood that significantly impairs judgment, behavior, capacity to
recognize reality, or ability to cope with the ordinary demands of life.
(h) "Preadmission screening unit" means a service
component of a community mental health services program established under
section 409.
(i) "Private-pay patient" means a patient whose
services and care are paid for from funding sources other than the community
mental health services program, the department, or other state or county
funding.
(j) "Release" means the transfer of an individual
who is subject to an order of combined hospitalization and assisted outpatient
treatment from 1 treatment program to another in accordance with his or her individual the individual's plan
of services.
(k) "Subject of a petition" means an individual
regarding whom a petition has been filed with the court asserting that the
individual is or is not a person requiring treatment or for whom an objection
to involuntary mental health treatment has been made under section 484.
Sec. 420. If a written notice of
termination of mental health treatment is given to a hospital or provider of
mental health treatment under section 419, if the notice is not withdrawn, and
if the hospital director or provider of mental health treatment determines that
the patient is a person requiring treatment and should remain in the hospital
or continue to receive mental health treatment, the hospital director, provider
of mental health treatment, or other suitable person shall within not later than 3 days
after receipt of the notice file a petition with the court that complies with
section 434. The petition shall
must be
accompanied by 1 clinical certificate executed by a psychiatrist and 1 clinical
certificate executed by either
a physician, physician's
assistant, certified nurse practitioner, clinical nurse specialist,
or a licensed
psychologist. If a petition is filed, the hospital or provider of mental health
may continue hospitalization or mental health treatment of the patient pending
hearings convened under sections 451 to 465.
Sec. 423. A hospital designated by the
department or by a community mental health services program shall hospitalize
an individual presented to the hospital, pending receipt of a clinical
certificate by a psychiatrist stating that the individual is a person requiring
treatment, if a petition, a physician's, physician's assistant's, certified nurse practitioner's,
clinical nurse specialist's, or a licensed psychologist's clinical
certificate, and an authorization by a preadmission screening unit have been
executed. For an individual hospitalized under this section, a petition shall must have been
executed not more than 10 days before the presentation of the individual to the
hospital, and the petition must meet the conditions set forth in section 434(1)
and (2).
Sec. 425. A physician's, physician's assistant's,
certified nurse practitioner's, clinical nurse specialist's, or a licensed
psychologist's clinical certificate required for hospitalization of an
individual under section 423 shall must have been executed after personal
examination of the individual named in the clinical certificate, and within 72
hours before the time the clinical certificate is received by the hospital. The
clinical certificate may be executed by any physician, physician's assistant, certified nurse practitioner,
clinical nurse specialist, or licensed psychologist, including a physician or licensed
psychologist who is a staff member or employee of the hospital
that received the clinical certificate.
Sec.
426. Upon On delivery
to a peace officer of a petition and a physician's,
physician's assistant's, certified nurse practitioner's, clinical nurse specialist's, or licensed psychologist's clinical
certificate, the peace officer must shall take the individual named in the petition into
protective custody and transport the individual immediately to the preadmission
screening unit or hospital designated by the community mental health services
program for hospitalization under section 423. If the individual taken to a
preadmission screening unit meets the requirements for hospitalization, then
unless the community mental health services program makes other transportation
arrangements, the peace officer must shall take the individual to a hospital designated by
the community mental health services program. The community mental health
services program may arrange for a security transport officer to transport the
individual to the hospital. Transportation to another hospital due to a
transfer is the responsibility of the community mental health services program.
Sec. 427. (1) If a peace officer observes
an individual conducting himself
or herself the
individual's self in a manner that causes the peace officer to
reasonably believe that the individual is a person requiring treatment, the
peace officer may take the individual into protective custody and transport the
individual to a preadmission screening unit designated by a community mental
health services program for examination under section 429 or for mental health
intervention services. The preadmission screening unit shall provide those
mental health intervention services that it the preadmission screening unit considers
appropriate or shall provide an examination under section 429. The preadmission
screening services may be provided at the site of the preadmission screening
unit or at a site designated by the preadmission screening unit. Upon On arrival at the
preadmission screening unit or site designated by the preadmission screening
unit, the peace officer shall execute a petition for hospitalization of the
individual. As soon as practical, the preadmission screening unit shall offer
to contact an immediate family member of the recipient individual to let the family know that the recipient individual has been
taken into protective custody and where he or she the individual is located. The preadmission
screening unit shall honor the recipient's individual's decision as to whether an
immediate family member is to be contacted and shall document that decision in
the recipient's individual's record.
In the course of providing services, the preadmission screening unit may
provide advice and consultation to the peace officer , which that may include a recommendation to release
the individual from protective custody. In all cases where a peace officer has
executed a petition, the preadmission screening unit shall ensure that an
examination is conducted by a physician, physician's assistant, certified nurse practitioner,
clinical nurse specialist, or
licensed psychologist. The preadmission screening unit shall ensure provision
of follow-up counseling and diagnostic and referral services if needed if it is
determined under section 429 that the person individual does not meet the requirements for
hospitalization.
(2) A peace officer is not financially responsible for the
cost of care of an individual for whom a peace officer has executed a petition
under subsection (1).
(3) A hospital receiving an individual under subsection (1)
who has been referred by a community mental health services program's
preadmission screening unit shall notify that preadmission screening unit of the results of
an examination of that individual conducted by the hospital.
Sec.
429. (1) A hospital designated under section 422 shall receive and detain an
individual presented for examination under section 426, 427, 435, 436, or 438,
for not more than 24 hours. During that time the individual must be examined by
a physician, physician's assistant, certified nurse
practitioner, clinical nurse specialist, or a
licensed psychologist unless a clinical certificate has already been
presented to the hospital. If the examining physician,
physician's assistant, certified nurse practitioner, clinical nurse specialist,
or licensed psychologist does not certify that
the individual is a person requiring treatment, the individual shall must be
released immediately. If the examining physician, physician's
assistant, certified nurse practitioner, clinical nurse specialist, or licensed psychologist executes a clinical
certificate, the individual may be hospitalized under section 423.
(2) If a
preadmission screening unit provides an examination under section 409, 410, or
427, the examination shall must be conducted as soon as possible after the
individual arrives at the preadmission screening site, and the examination must
be completed within 2 hours, unless there are documented medical reasons why
the examination cannot be completed within that time frame or other
arrangements are agreed upon on by the peace officer or security transport officer
and the preadmission screening unit.
Sec. 430. If a patient is hospitalized
under section 423, the patient shall must be examined by a psychiatrist as soon
after hospitalization as is practicable, but not later than 24 hours, excluding
legal holidays, after hospitalization. The examining psychiatrist shall must not be the same
physician, physician's assistant,
certified nurse practitioner, or clinical nurse specialist upon on whose clinical
certificate the patient was hospitalized. If the psychiatrist does not certify
that the patient is a person requiring treatment, the patient shall must be released
immediately. If the psychiatrist does certify that the patient is a person
requiring treatment, the patient's hospitalization may continue pending
hearings convened pursuant
to under sections
451 to 465.
Sec. 434. (1) Any individual 18 years of
age or over may file with the court a petition that asserts that an individual
is a person requiring treatment.
(2) The petition shall must contain the facts that are the basis for
the assertion, the names and addresses, if known, of any witnesses to the
facts, and, if known, the name and address of the nearest relative or guardian,
or, if none, a friend, if known, of the individual.
(3) Except as provided in subsection (7), the petition shall must be accompanied
by the clinical certificate of a physician, physician's assistant, certified nurse practitioner,
clinical nurse specialist, or a licensed psychologist, unless after
reasonable effort the petitioner could not secure an examination. If a clinical
certificate does not accompany the petition, the petitioner shall set forth the
reasons an examination could not be secured within in the petition. The petition may also be
accompanied by a second clinical certificate. If 2 clinical certificates
accompany the petition, at least 1 clinical certificate must have been executed
by a psychiatrist.
(4) Except as otherwise provided in subsection (7) and section
455, a clinical certificate that accompanies a petition must have been executed
within 72 hours before the
filing of the petition is filed, and after personal examination of
the individual.
(5) If the individual is found not to be a person requiring
treatment under this section, the petition and any clinical certificate shall must be maintained
by the court as a confidential record to prevent disclosure to any a person who that is not
specifically authorized under this chapter to receive notice of the petition or
clinical certificate.
(6) The petition described in this section may assert that the
subject of the petition should receive assisted outpatient treatment in
accordance with section 468(2)(d).
(7) A petition that does not seek hospitalization but only
requests that the subject of the petition receive assisted outpatient treatment
is not subject to subsection (3) or (4).
Sec. 435. (1) If the petition is
accompanied by 1 clinical certificate, the court shall order the individual to
be examined by a psychiatrist.
(2) If the petition is not accompanied by a clinical
certificate, and if the court is satisfied a reasonable effort was made to
secure an examination, the court shall order the individual to be examined by a
psychiatrist and either a
physician, a physician's assistant,
a certified nurse practitioner, a clinical nurse specialist, or a
licensed psychologist.
(3) The individual may be received and detained at the place
of examination as long as necessary to complete the examination or
examinations, but not more than 24 hours.
(4) After an examination ordered under subsection (1), the
examining psychiatrist shall either transmit a clinical certificate to the
court or report to the court that execution of a clinical certificate is not
warranted. After each examination ordered under subsection (2), the examining
psychiatrist, or the examining physician, physician's assistant, certified nurse practitioner,
clinical nurse specialist, or licensed psychologist, as
applicable, shall either transmit a clinical certificate to the court or report
to the court that execution of a clinical certificate is not warranted.
(5) If 1 examination was ordered and the examining
psychiatrist reports that execution of a clinical certificate is not warranted,
or if 2 examinations were ordered and 1 of the examining physicians or the physician's assistant, certified
nurse practitioner, clinical nurse specialist, or licensed
psychologist reports that execution of a clinical certificate is not warranted,
the court shall dismiss the petition or order the individual to be examined by
a psychiatrist, or if a psychiatrist is not available, by a physician, physician's assistant, certified
nurse practitioner, clinical nurse specialist, or licensed
psychologist. If a third examination report states that execution of a clinical
certificate is not warranted, the court shall dismiss the petition.
(6) This section does not apply to a petition filed under
section 434(7).
Sec.
438. If it appears to the court that the individual requires immediate
assessment because the individual presents a substantial risk of significant
physical or mental harm to themself the individual's self in the near future or presents
a substantial risk of significant physical harm to others in the near future,
the court may order the individual hospitalized and may order a peace officer
to take the individual into protective custody and transport the individual to
a preadmission screening unit designated by the community mental health
services program. After the individual is taken into protective custody by a
peace officer, the court may, also, order a security transport officer to
transport the individual to a preadmission screening unit designated by the
community mental health services program. If the preadmission screening unit
authorizes hospitalization, the peace officer or security transport officer must shall transport
the individual to a hospital designated by the community mental health services
program, unless other arrangements are provided by the preadmission screening
unit. If the examinations and clinical certificates of the psychiatrist, and
the physician, the physician's assistant, the
certified nurse practitioner, the clinical nurse specialist, or the
licensed psychologist, are not completed within not later than 24 hours after hospitalization, the
individual must be released.
Sec. 452. (1) The court shall fix a date
for every hearing convened under this chapter. Except as provided in subsection
(2), the hearing shall must be convened
promptly, but not more than 7 days after the court's receipt of any of the
following:
(a) A petition for a determination that an individual is a
person requiring treatment, a clinical certificate executed by a physician, a physician's assistant, a
certified nurse practitioner, a clinical nurse specialist, or a
licensed psychologist, and a clinical certificate executed by a psychiatrist.
(b) A petition for a determination that an individual
continues to be a person requiring treatment and a clinical certificate
executed by a psychiatrist.
(c) A petition for discharge filed under section 484.
(d) A demand or notification that a hearing that has been
temporarily deferred under section 455(6) be convened.
(2) A hearing for a petition under section 434(7) shall must be convened not
more than 28 days after the
filing of the petition is filed, unless the petition was filed
while the subject of the petition was an inpatient at a psychiatric hospital,
in which case the hearing shall
must be
convened within not later than 7
days of the filing of after the petition is filed.
Sec. 461. (1) An individual may not be
found to require treatment unless at least 1 physician, physician's assistant, certified nurse practitioner,
clinical nurse specialist, or licensed psychologist who has
personally examined that individual testifies in person or by written
deposition at the hearing.
(2) For a petition filed under section 434(7), that does not
seek hospitalization before the hearing, an individual may not be found to
require treatment unless a psychiatrist who has personally examined that
individual testifies. A psychiatrist's testimony is not necessary if a
psychiatrist signs the petition. If a psychiatrist signs the petition, at least
1 physician, physician's assistant,
certified nurse practitioner, clinical nurse specialist, or
licensed psychologist who has personally examined that individual must testify.
The requirement for testimony may be waived by the subject of the petition. If
the testimony given in person is waived, a clinical certificate completed by a
physician, licensed psychologist, physician's assistant, certified nurse practitioner,
clinical nurse specialist, or psychiatrist must be presented to
the court before or at the initial hearing.
(3) The examinations required under this section for a
petition filed under section 434(7) shall must be arranged by the court and the local
community mental health services program or other entity as designated by the
department.
(4) A written deposition may be introduced as evidence at the
hearing only if the attorney for the subject of the petition was given the
opportunity to be present during the taking of the deposition and to
cross-examine the deponent. This testimony or deposition may be waived by the
subject of a petition. An individual may be found to require treatment even if
the petitioner does not testify, as long as there is competent evidence from
which the relevant criteria in section 401 can be established.
Sec. 463. (1) If requested before the
first scheduled hearing or at the first scheduled hearing before the first
witness has been sworn on a petition, the subject of a petition in a hearing
under this chapter has the right at his or her the subject of the petition's own expense, or
if indigent, at public expense, to secure an independent clinical evaluation by
a physician, psychiatrist, physician's
assistant, certified nurse practitioner, clinical nurse specialist, or
licensed psychologist of his
or her the
subject of the petition's choice relevant to whether he or she the subject of the petition requires
treatment, whether he or
she the
subject of the petition should be hospitalized or receive
treatment other than hospitalization, and whether he or she the subject of the petition is of legal
capacity.
(2) Compensation for an evaluation performed by a physician, a physician's assistant, a
certified nurse practitioner, a clinical nurse specialist, or a licensed
psychologist shall must be in an amount
that is reasonable and based upon on time and expenses.
(3) The independent clinical evaluation described in this
section is for the sole use of the subject of the petition. The independent
clinical evaluation or the testimony of the individual performing the
evaluation shall must not be
introduced into evidence without the consent of the subject of the petition.
Sec. 498o. (1) Except as provided in
subsection (4), a minor hospitalized under this chapter shall must not be kept in
the hospital more than 3 days, excluding Sundays and holidays, after receipt by
the hospital of a written notice of intent to terminate the hospitalization of
the minor executed by the minor's parent, guardian, or person in loco parentis
or by the minor if the minor is 14 years of age or older and was admitted to
the hospital upon his or
her on the
minor's own request.
(2) Upon
On receipt
of an oral request to terminate hospitalization of a minor pursuant to under subsection
(1), the hospital promptly
shall promptly
supply the necessary form for termination of hospitalization to
the person giving notice.
(3) Upon
On receipt
of notice or an oral request under subsection (1) or (2) by a hospital under
contract with the community mental health services program, the hospital
director immediately shall
immediately notify
the executive director.
(4) If notice of intent to terminate hospitalization is
received by a hospital under subsection (1) or (2), and the director of the
hospital determines that the minor to whom the notice applies should remain in
the hospital, the director of the hospital or a person designated by the
director of the hospital shall file, within not later than 3 days, excluding Sundays and
holidays, after receipt of the notice, a petition with the court requesting an
order to continue hospitalization of the minor. The petition shall must be accompanied
by 1 certificate executed by a child and adolescent psychiatrist and 1
certificate executed by either
a physician, a
physician's assistant, a certified nurse practitioner, a clinical nurse specialist, or
a licensed psychologist. If a petition is filed with the court under this
subsection, the hospital shall continue to hospitalize the minor pending a
court hearing on the petition.
(5) Upon
On receipt
of a petition to continue hospitalization of a minor under subsection (4), the
court shall schedule a hearing to be held within not later than 7 days, excluding Sundays and
holidays, after receipt of the petition. The hearing shall must be convened in
accordance with sections 451 to 465.
(6) If the court finds the minor to be suitable for
hospitalization by clear and convincing evidence, the court shall order the
minor to continue hospitalization for not more than 60 days. If the court does
not find by clear and convincing evidence that the minor is suitable for
hospitalization, the court shall order the minor discharged from the hospital.
Sec. 517. (1) A hearing convened to
determine whether an individual meets the criteria for treatment is governed by
this section and sections
517 518 to 522. Sections 517 This section and sections 518 to
522 do not apply to a hearing provided for in section 511 concerning an
objection to an administrative admission.
(2) Upon
On receipt
of a petition and a report as provided for in section 516 or 532, or receipt of
a petition as provided for in section 531, the court shall do all of the
following:
(a) Fix a date for a hearing to be held within not later than 7
days, excluding Sundays or holidays, after the court's receipt of the documents
or document.
(b) Fix a place for a hearing, either at a facility or other
convenient place, within inside or outside of
the county.
(c) Cause notice of a petition and of the time and place of any a hearing to be
given to the individual asserted to meet the criteria for treatment, his or her the individual's attorney,
the petitioner, the prosecuting or other attorney specified in subsection (4),
the community mental health services program, the director of a facility to
which the individual is admitted, the individual's spouse if his or her the spouse's whereabouts
are known, the guardian, if any, of the individual, and other relatives or
persons as the court may determine. The notice shall must be given at the earliest practicable
time and sufficiently in advance of the hearing date to permit preparation for
the hearing.
(d) Cause the individual to be given within not later than 4
days of after the court's
receipt of the documents described in section 516 a copy of the petition, a
copy of the report, unless the individual has previously been given a copy of
the petition and the report, notice of the right to a full court hearing,
notice of the right to be present at the hearing, notice of the right to be
represented by legal counsel, notice of the right to demand a jury trial, and
notice of the right to an independent clinical or psychological evaluation.
(e) Subsequently give copies of all orders to the persons
identified in subdivision (c).
(3) The individual asserted to meet the criteria for treatment
is entitled to be represented by legal counsel in the same manner as counsel is
provided under section 454, and is entitled to all of the following:
(a) To be present at the hearing.
(b) To have upon on demand a trial by jury of 6.
(c) To obtain a continuance for any reasonable time for good
cause.
(d) To present documents and witnesses.
(e) To cross-examine witnesses.
(f) To require testimony in court in person from 1 physician, 1 physician's assistant, 1
certified nurse practitioner, 1 clinical nurse specialist, or 1
licensed psychologist who has personally examined the individual.
(g) To receive an independent examination by a physician, physician's assistant, certified
nurse practitioner, clinical nurse specialist, or licensed
psychologist of his or
her the
individual's choice on the issue of whether he or she the individual meets
the criteria for treatment.
(4) The prosecuting attorney of the county in which a court
has its principal office shall participate, either in person or by assistant,
in hearings convened by the court of his or her the prosecuting attorney's county under this
chapter, except that a prosecutor need not participate in or be present at a
hearing whenever a petitioner or some other appropriate person has retained
private counsel who will be present in court and will present to the court the
case for a finding that the individual meets the criteria for treatment.
(5) Unless the individual or his or her the individual's attorney objects, the
failure to timely notify a spouse, guardian, or other person determined by the
court to be entitled to notice is not cause to adjourn or continue any a hearing.
(6) The individual, any an interested person, or the court on its own
motion may request a change of venue because of residence; convenience to
parties, witnesses, or the court; or the individual's mental or physical
condition.
Sec. 532. In addition to the right to a
hearing under section 531, a resident admitted by court order has the right to
a hearing and may petition the court for discharge without leave of court once within in each 12-month
period from the date of the original order of admission. The petition shall must be accompanied
by a physician's, a physician's
assistant's, a certified nurse practitioner's, a clinical nurse specialist's, or a
licensed psychologist's report setting forth the reasons for the physician's, physician's assistant's,
certified nurse practitioner's, clinical nurse specialist's, or
licensed psychologist's conclusion that the resident no longer meets the
criteria for judicial treatment. If no report accompanies the petition because
the resident is indigent or is unable for reasons satisfactory to the court to
procure a report, the court shall appoint a physician, a physician's assistant, a certified nurse practitioner,
a clinical nurse specialist, or a licensed psychologist to
examine the resident, and the physician, physician's assistant, certified nurse practitioner,
clinical nurse specialist, or licensed psychologist shall furnish
a report to the court. If the report concludes that the resident continues to
meet the criteria for treatment, the court shall so notify the resident of that conclusion and
shall dismiss
the petition for discharge. If the report concludes otherwise, a hearing shall must be held
according to sections 517 to 522.
Sec. 700. As used in this chapter, unless
the context requires otherwise:
(a) "Criminal abuse" means 1 or more of the
following:
(i)
An assault that is a violation or an attempt or conspiracy to commit a
violation of sections 81 to 90 of the Michigan penal code, Act No. 328 of the Public Acts
of 1931, being sections 750.81 to 750.90 of the Michigan Compiled Laws. MCL 750.81 to 750.90. Criminal
abuse does not include an assault or an assault and battery that is a violation
of section 81 of Act No.
328 of the Public Acts of 1939, being section 750.81 of the Michigan Compiled
Laws, the
Michigan penal code, MCL 750.81, and that is committed by a
recipient against another recipient.
(ii)
A criminal homicide that is a violation or an attempt or conspiracy to commit a
violation of section 316, 317, or 321 of Act No. 328 of the Public Acts of 1931, being sections
750.316, 750.317, and 750.321 of the Michigan Compiled Laws.the Michigan penal code, MCL
750.316, 750.317, and 750.321.
(iii)
Criminal sexual conduct that is a violation or an attempt or conspiracy to
commit a violation of sections 520b to 520e or 520g of Act No. 328 of the Public Acts
of 1931, being sections 750.520b to 750.520e and 750.520g of the Michigan
Compiled Laws.the
Michigan penal code, MCL 750.520b to 750.520e and 750.520g.
(iv)
Vulnerable adult abuse that is a violation or an attempt or conspiracy to
commit a violation of section 145n of the Michigan penal code, Act No. 328 of the Public Acts
of 1931, being section 750.145n of the Michigan Compiled Laws.MCL 750.145n.
(v)
Child abuse that is a violation or an attempt or conspiracy to commit a
violation of section 136b of Act No. 328 of the Public Acts of 1931, being section
750.136b of the Michigan Compiled Laws.the Michigan penal code, MCL 750.136b.
(b) "Health care corporation" means a nonprofit
health care corporation operating under the nonprofit health care corporation
reform act, Act No. 350
of the Public Acts of 1980, being sections 550.1101 to 550.1704 of the Michigan
Compiled Laws.1980
PA 350, MCL 550.1101 to 550.1704.
(c) "Health care insurer" means an insurer
authorized to provide health insurance in this state or a legal entity that is
self-insured and provides health care benefits to its employees.
(d) "Health maintenance organization" means an organization licensed under
part 210 of the public health code, Act No. 368 of the Public Acts of 1978,
being sections 333.21001 to 333.21098 of the Michigan Compiled Laws.that term as defined in section
3501 of the insurance code of 1956, 1956 PA 218, MCL 500.3501.
(e)
"Michigan penal code" means the Michigan penal code, 1931 PA 328, MCL
750.1 to 750.568.
(f) (e) "Money"
means any legal tender, note, draft, certificate of deposit, stock, bond,
check, or credit card.
(g) (f) "Nonprofit
dental care corporation" means a dental care corporation incorporated
under Act No. 125 of the
Public Acts of 1963, being sections 550.351 to 550.373 of the Michigan Compiled
Laws.1963 PA
125, MCL 550.351 to 550.373.
(h) (g) "Person-centered
planning" means a process for planning and supporting the individual
receiving services that builds upon on the individual's capacity to engage in
activities that promote community life and that honors the individual's
preferences, choices, and abilities. The person-centered planning process
involves families, friends, and professionals as the individual desires or
requires.
(i) (h) "Privileged
communication" means a communication made to a psychiatrist, physician's assistant, certified
nurse practitioner, clinical nurse specialist, or licensed psychologist
in connection with the examination, diagnosis, or treatment of a patient, or to
another person while the other person is participating in the examination,
diagnosis, or treatment or a communication made privileged under other
applicable state or federal law.
(j) (i) "Restraint"
means the use of a physical device to restrict an individual's movement.
Restraint does not include the use of a device primarily intended to provide
anatomical support.
(k) (j) "Seclusion"
means the temporary placement of a recipient in a room, alone, where egress is
prevented by any means.
(l) (k) "Support plan" means a written
plan that specifies the personal support services or any other supports that
are to be developed with and provided for a recipient.
(m) (l) "Treatment plan" means a written
plan that specifies the goal-oriented treatment or training services, including
rehabilitation or habilitation services, that are to be developed with and
provided for a recipient.
Sec. 740. (1) A resident shall must not be placed
in physical restraint except in the circumstances and under the conditions set
forth in this section or in other law.
(2) A resident may be restrained only as provided in
subsection (3), (4), or (5) after less restrictive interventions have been
considered, and only if restraint is essential in order to prevent the resident
from physically harming himself,
herself, the
resident's self or others, or in order to prevent him or her the resident from
causing substantial property damage. Consideration of less restrictive measures
shall must be documented
in the medical record. If restraint is essential in order to prevent the
resident from physically harming himself, herself, the resident's self or others, the resident
may be physically held with no more force than is necessary to limit the
resident's movement, until a restraint may be applied.
(3) A resident may be temporarily restrained for a maximum of
30 minutes without an order or authorization in an emergency. Immediately after
imposition of the temporary restraint, a physician, physician's assistant, certified nurse practitioner, or
clinical nurse specialist shall must be contacted. If, after being contacted,
the physician, physician's assistant,
certified nurse practitioner, or clinical nurse specialist does
not order or authorize the restraint, the restraint shall must be removed.
(4) A resident may be restrained prior to before examination pursuant according to an
authorization by a physician,
physician's assistant, certified nurse practitioner, or clinical nurse
specialist. An authorized restraint may continue only until a
physician, a physician's assistant,
a certified nurse practitioner, a clinical nurse specialist, or a registered
professional nurse who has been trained in accordance with the requirements
under 42 CFR 482.13(f) can personally examine the resident or for
2 hours, whichever is less. If it is not possible for the physician, the physician's assistant, the certified
nurse practitioner, the clinical nurse specialist, or the registered
professional nurse who has been trained in accordance with the requirements
under 42 CFR 482.13(f) to examine the resident within 2 hours, a
physician, physician's assistant,
certified nurse practitioner, or clinical nurse specialist may
reauthorize the restraint for another 2 hours. Authorized restraint may not
continue for more than 4 hours.
(5) A resident may be restrained pursuant according to an order by a physician, physician's assistant, certified
nurse practitioner, or clinical nurse specialist made after
personal examination of the resident. An ordered restraint shall must continue only
for that period of time specified in the order or for 8 hours, whichever is
less.
(6) A restrained resident shall must continue to receive food, shall be kept in
sanitary conditions, shall
be clothed or otherwise covered, shall be given access to toilet facilities,
and shall be
given the opportunity to sit or lie down.
(7) Restraints shall must be removed every 2 hours for not less
than 15 minutes unless medically contraindicated or whenever they are no longer
essential in order to achieve the objective which that justified their the restraint's initial application.
(8) Each instance of restraint requires full justification for
its application, and the results of each periodic examination shall must be placed
promptly in the record of the resident.
(9) If a resident is restrained repeatedly, the resident's
individual plan of services shall must
be reviewed and modified to facilitate the reduction of the use
of restraints.
Sec. 742. (1) Seclusion shall may be used only in
a hospital, a center, or a child caring institution licensed under 1973 PA 116,
MCL 722.111 to 722.128. A resident placed in a hospital or center shall must not be kept in
seclusion except in the circumstances and under the conditions set forth in
this section.
(2) A minor placed in a child caring institution shall must not be placed
or kept in seclusion except as provided in 1973 PA 116, MCL 722.111 to 722.128,
or rules promulgated under that act.
(3) A resident may be placed in seclusion only as provided
under subsection (4), (5), or (6) and only if it is essential in order to
prevent the resident from physically harming others, or in order to prevent the
resident from causing substantial property damage.
(4) Seclusion may be temporarily employed for a maximum of 30
minutes in an emergency without an authorization or an order. Immediately after
the resident is placed in temporary seclusion, a physician, physician's assistant, certified
nurse practitioner, or clinical nurse specialist shall must be contacted.
If, after being contacted, the physician, physician's assistant, certified nurse practitioner, or
clinical nurse specialist does not authorize or order the
seclusion, the resident shall
must be
removed from seclusion.
(5) A resident may be placed in seclusion under an
authorization by a physician,
physician's assistant, certified nurse practitioner, or clinical nurse
specialist. Authorized seclusion shall must continue only until a physician, a physician's assistant, a certified
nurse practitioner, a clinical nurse specialist, or a registered professional
nurse who has been trained in accordance with the requirements under 42 CFR
482.13(f) can personally examine the resident or for 1 hour,
whichever is less.
(6) A resident may be placed in seclusion under an order of a
physician, physician's assistant,
certified nurse practitioner, or clinical nurse specialist made
after personal examination of the resident to determine if the ordered
seclusion poses an undue health risk to the resident. Ordered seclusion shall must continue only
for that period of time specified in the order or for 8 hours, whichever is
less. An order for a minor shall
must continue
for a maximum of 4 hours.
(7) A secluded resident shall must continue to receive food, shall remain
clothed unless his or her
the secluded resident's
actions make it impractical or inadvisable, shall be kept in
sanitary conditions, and shall
be provided a bed or similar piece of furniture unless his or her the secluded resident's actions
make it impractical or inadvisable.
(8) A secluded resident shall must be released from seclusion whenever the
circumstance that justified its use ceases to exist.
(9) Each instance of seclusion requires full justification for
its use, and the results of each periodic examination shall must be placed
promptly in the record of the resident.
(10) If a resident is secluded repeatedly, the resident's
individual plan of services shall must
be reviewed and modified to facilitate the reduced use of
seclusion.
Enacting section 1.
This amendatory act takes effect 90 days after the date it is enacted into law.