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