Bill Text: MI HB4793 | 2015-2016 | 98th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Mental health; code; confidentiality of filing petitions for involuntary hospitalization; require. Amends sec. 434 of 1974 PA 258 (MCL 330.1434).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2016-05-11 - Assigned Pa 113'16 With Immediate Effect [HB4793 Detail]

Download: Michigan-2015-HB4793-Engrossed.html

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HB-4793, As Passed House, February 23, 2016

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4793

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1974 PA 258, entitled

 

"Mental health code,"

 

by amending section 434 (MCL 330.1434), as amended by 1995 PA 290.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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 as defined in section 401.

 

     (2) The petition shall 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) The petition shall be accompanied by the clinical

 

certificate of a physician or a licensed psychologist, unless after

 

reasonable effort the petitioner could not secure an examination.

 

If a clinical certificate does not accompany the petition, an

 

affidavit setting forth the reasons an examination could not be

 

secured shall also be filed. The petition may also be accompanied

 

by a second clinical certificate. If 2 clinical certificates

 

accompany the petition, at least 1 clinical certificate shall have

 

been executed by a psychiatrist.

 

     (4) Except as otherwise provided in section 455, a clinical

 

certificate that accompanies a petition shall have been executed

 

within 72 hours before the filing of the petition, 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 be maintained by the court as a confidential

 

record to prevent disclosure to any person who is not specifically

 

authorized under this chapter to receive notice of the petition or

 

clinical certificate.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.