Bill Text: MI HB4862 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Mental health; community mental health; merger of mental health and substance abuse services; provide for. Amends secs. 100a, 100b, 100c, 100d, 161, 208 & 210 of 1974 PA 258 (MCL 330.1100a et seq.) & repeals pt. 61, secs. 6201, 6203, 6205, 6207, 6209, 6211, 6213, 6215, 6217, 6221, 6222, 6223, 6226, 6228, 6231 & 6232 & pt. 65 of 1978 PA 368 (MCL 333.1101 et seq.). TIE BAR WITH: HB 4863'11
Spectrum: Partisan Bill (Republican 5-0)
Status: (Passed) 2012-12-31 - Assigned Pa 500'12 With Immediate Effect 2012 Addenda [HB4862 Detail]
Download: Michigan-2011-HB4862-Engrossed.html
HB-4862, As Passed Senate, December 12, 2012
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 4862
A bill to amend 1974 PA 258, entitled
"Mental health code,"
by amending sections 100a, 100b, 100c, 100d, 161, 208, and 210 (MCL
330.1100a, 330.1100b, 330.1100c, 330.1100d, 330.1161, 330.1208, and
330.1210), sections 100a, 100b, and 161 as amended by 2004 PA 499,
section 100c as amended by 2002 PA 589, and section 100d as added
and sections 208 and 210 as amended by 1995 PA 290, and by adding
chapter 2A; 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 significant others, and individuals who could
potentially develop a substance use disorder.
(6) (5)
"Applicant" means an
individual or his or her legal
representative who makes a request for mental health services.
(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.
(8) (6)
"Assisted outpatient
treatment" or "AOT" means the
categories of outpatient services ordered by the court under
section 433 or 469a. Assisted outpatient treatment includes case
management services to provide care coordination. 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
abuse use disorder treatment and counseling and periodic
tests for the presence of alcohol or illegal drugs for an
individual
with a history of alcohol or substance abuse; 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 be provided under the supervision of a psychiatrist.
(9) (7)
"Board" means the
governing body of a community mental
health services program.
(10) (8)
"Board of commissioners"
means a county board of
commissioners.
(11) (9)
"Center" means a facility
operated by the department
to admit individuals with developmental disabilities and provide
habilitation and treatment services.
(12) (10)
"Certification" means
formal approval of a program
by the department in accordance with standards developed or
approved by the department.
(13) (11)
"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) (12)
"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) (13)
"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) (14)
"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) (15)
"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) (16)
"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) (17)
"Consent" means a written
agreement executed by a
recipient, a minor recipient's parent, or a recipient's legal
representative with authority to execute a consent, or a verbal
agreement of a recipient that is witnessed and documented by an
individual other than the individual providing treatment.
(20) (18)
"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
under
section 205 or a community mental
health organization. under
the
urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501
to
124.512.
(21) "Department" means the department of community health.
(22) "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.
(23) (19)
"Dependent living
setting" means all of the
following:
(a) An adult foster care facility.
(b) A nursing home licensed under article 17 of the public
health code, 1978 PA 368, MCL 333.20101 to 333.22260.
(c) A home for the aged licensed under article 17 of the
public health code, 1978 PA 368, MCL 333.20101 to 333.22260.
(20)
"Department" means the department of community health.
(24) "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 333.17084 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.
(25) (21)
"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.
(26) (22)
"Director" means the
director of the department or
his or her designee.
(27) (23)
"Discharge" means an
absolute, unconditional release
of an individual from a facility by action of the facility or a
court.
(28) (24)
"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 subsection
(1) of R 340.1758 of the Michigan administrative code or in a
program designed for the severely mentally impaired or severely
multiply impaired.
(29) (25)
"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, or another
individual, either intentionally or unintentionally.
(b) The individual is unable to provide himself or herself
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's judgment is so impaired that he or she is
unable to understand the need for treatment and, in the opinion of
the mental health professional, his or her continued behavior as a
result of the mental illness, developmental disability, or
emotional disturbance can reasonably be expected in the near future
to result in physical harm to the individual or to another
individual.
(30) (26)
"Executive director"
means an individual appointed
under section 226 to direct a community mental health services
program or his or her designee.
Sec. 100b. (1) "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.
(2) "Family" as used in sections 156 to 161 means an eligible
minor and his or her parent or legal guardian.
(3) "Family member" means a parent, stepparent, spouse,
sibling, child, or grandparent of a primary consumer, or an
individual upon whom a primary consumer is dependent for at least
50% of his or her 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 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, is unconscious or has his or her mental or
physical functioning so impaired that he or she either poses an
immediate and substantial danger to his or her own health and
safety or is endangering the health and safety of the public.
(11) (10)
"Individual plan of
services" or "plan of services"
means
a written individualized individual
plan of services
developed with a recipient as required by section 712.
(12) (11)
"Licensed facility" means
a facility licensed by the
department under section 137 or an adult foster care facility.
(13) (12)
"Licensed psychologist"
means a doctoral level
psychologist licensed under section 18223(1) of the public health
code, 1978 PA 368, MCL 333.18223.
(14) (13)
"Medical director" means
a psychiatrist appointed
under section 231 to advise the executive director of a community
mental health services program.
(15) (14)
"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. who is licensed to practice medicine or
osteopathic
medicine and surgery in this state under article 15 of
the
public health code, 1978 PA 368, MCL 333.16101 to 333.18838.
(b) A psychologist licensed to practice in this state under
article 15 of the public health code, 1978 PA 368, MCL 333.16101 to
333.18838.
(c) A registered professional nurse licensed to practice in
this state under article 15 of the public health code, 1978 PA 368,
MCL 333.16101 to 333.18838.
(d)
Until July 1, 2005, a certified social worker registered
under
article 15 of the public health code, 1978 PA 368, MCL
333.16101
to 333.18838. Beginning July 1, 2005, a A licensed
master's social worker licensed under article 15 of the public
health code, 1978 PA 368, MCL 333.16101 to 333.18838.
(e) A licensed professional counselor licensed to practice in
this state under article 15 of the public health code, 1978 PA 368,
MCL 333.16101 to 333.18838.
(f) A marriage and family therapist licensed under article 15
of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.
(16) (15)
"Mental retardation"
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 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 mental retardation will
generally improve.
(17) (16)
"Minor" means an
individual under the age of 18
years.
(18) (17)
"Multicultural services"
means specialized mental
health services for multicultural populations such as African-
Americans, Hispanics, Native Americans, Asian and Pacific
Islanders, and Arab/Chaldean-Americans.
(19) (18)
"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 is entitled under this act.
Sec. 100c. (1) "Peace officer" means an officer of the
department of state police or of a law enforcement agency of a
county, township, city, or village who is responsible for the
prevention and detection of crime and enforcement of the criminal
laws of this state. For the purposes of sections 408 and 427, 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. These 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. of
community health.
(3) "Person requiring treatment" means an individual who meets
the criteria described in section 401.
(4) "Physician" means an individual licensed by the state to
engage in the practice of medicine or osteopathic medicine and
surgery under article 15 of the public health code, 1978 PA 368,
MCL 333.16101 to 333.18838.
(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.
(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.
(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 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 to be construed as
an arrest.
(8) "Psychiatric partial hospitalization program" means a
nonresidential treatment program that provides psychiatric,
psychological, social, occupational, nursing, music therapy, and
therapeutic recreational services under the supervision of a
physician to adults diagnosed as having serious mental illness or
minors diagnosed as having serious emotional disturbance who do not
require 24-hour continuous mental health care, and that is
affiliated with a psychiatric hospital or psychiatric unit to which
clients may be transferred if they need inpatient psychiatric care.
(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.
(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 subsection.
(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 time to the practice of psychiatry and is approved by the
director.
(11) "Psychologist" means an individual licensed to engage in
the practice of psychology under article 15 of the public health
code, 1978 PA 368, MCL 333.16101 to 333.18838, who devotes a
substantial portion of his or her time to the diagnosis and
treatment of individuals with serious mental illness, serious
emotional disturbance, or developmental disability.
(12) "Recipient" means an individual who receives mental
health services 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.
(13) "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.
(14) "Recovery" means a highly individualized process of
healing and transformation where the individual gains control over
his or her 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.
(15) (14)
"Regional entity" means
an entity established under
section 204b to provide specialty services and supports.
(16) "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.
(17) (15)
"Resident" means an
individual who receives services
in a facility.
(18) (16)
"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 the
delivery of services or supports to that recipient.
(19) (17)
"Rule" means a rule
promulgated under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
Sec. 100d. (1) "Service" means a mental health service.
(2) "Serious emotional disturbance" means a diagnosable
mental, behavioral, or emotional disorder affecting a minor that
exists or has existed during the past year for a period of time
sufficient to meet diagnostic criteria specified in the most recent
diagnostic and statistical manual of mental disorders published by
the American psychiatric association and approved by the department
and that has resulted in functional impairment that substantially
interferes with or limits the minor's role or functioning in
family, school, or community activities. The following disorders
are included only if they occur in conjunction with another
diagnosable serious emotional disturbance:
(a)
A substance abuse use disorder.
(b) A developmental disorder.
(c) "V" codes in the diagnostic and statistical manual of
mental disorders.
(3) "Serious mental illness" means a diagnosable mental,
behavioral, or emotional disorder affecting an adult that exists or
has existed within the past year for a period of time sufficient to
meet diagnostic criteria specified in the most recent diagnostic
and statistical manual of mental disorders published by the
American psychiatric association and approved by the department and
that has resulted in functional impairment that substantially
interferes with or limits 1 or more major life activities. Serious
mental illness includes dementia with delusions, dementia with
depressed mood, and dementia with behavioral disturbance but does
not include any other dementia unless the dementia occurs in
conjunction with another diagnosable serious mental illness. The
following disorders also are included only if they occur in
conjunction with another diagnosable serious mental illness:
(a)
A substance abuse use disorder.
(b) A developmental disorder.
(c) A "V" code in the diagnostic and statistical manual of
mental disorders.
(4) "Special compensation" means payment to an adult foster
care facility to ensure the provision of a specialized program in
addition to the basic payment for adult foster care. Special
compensation does not include payment received directly from the
medicaid program for personal care services for a resident, or
payment received under the supplemental security income program.
(5) "Specialized program" means a program of services,
supports, or treatment that are provided in an adult foster care
facility to meet the unique programmatic needs of individuals with
serious mental illness or developmental disability as set forth in
the resident's individual plan of services and for which the adult
foster care facility receives special compensation.
(6) "Specialized residential service" means a combination of
residential care and mental health services that are expressly
designed to provide rehabilitation and therapy to a recipient, that
are provided in the residence of the recipient, and that are part
of a comprehensive individual plan of services.
(7) "State administered funds" means revenues appropriated by
the state legislature exclusively for the purposes provided for in
regard to substance use disorder services and prevention.
(8) (7)
"State facility" means a
center or a hospital operated
by the department.
(9) (8)
"State recipient rights
advisory committee" means a
committee appointed by the director under section 756 to advise the
director and the director of the department's office of recipient
rights.
(9)
"Substance abuse" means that term as defined in section
6107
of the public health code, Act No. 368 of the Public Acts of
1978,
being section 333.6107 of the Michigan Compiled Laws.
(10) "Substance abuse" means the taking of alcohol or other
drugs at dosages that place an individual's social, economic,
psychological, and physical welfare in potential hazard or to the
extent that an individual loses the power of self-control as a
result of the use of alcohol or drugs, or while habitually under
the influence of alcohol or drugs, endangers public health, morals,
safety, or welfare, or a combination thereof.
(11) "Substance use disorder" means chronic disorder in which
repeated use of alcohol, drugs, or both, results in significant and
adverse consequences. Substance abuse is considered a substance use
disorder.
(12) "Substance use disorder prevention services" means
services that are intended to reduce the consequences of substance
use disorders in communities by preventing or delaying the onset of
substance abuse and that are intended to reduce the progression of
substance use disorders in individuals. Substance use disorder
prevention is an ordered set of steps that promotes individual,
family, and community health, prevents mental and behavioral
disorders, supports resilience and recovery, and reinforces
treatment principles to prevent relapse.
(13) "Substance use disorder treatment and rehabilitation
services" means the providing of identifiable recovery-oriented
services including:
(a) Early intervention and crisis intervention counseling
services for individuals who are current or former individuals with
substance use disorder.
(b) Referral services for individuals with substance use
disorder, their families, and the general public.
(c) Planned treatment services, including chemotherapy,
counseling, or rehabilitation for individuals physiologically or
psychologically dependent upon or abusing alcohol or drugs.
(14) (10)
"Supplemental security
income" means the program
authorized
under title XVI of the social security act, chapter 531,
49
Stat. 620, U.S.C. 42 USC 1381 to 1382j and 1383 to 1383d.1383f.
(15) "Transfer facility" means a facility selected by the
department-designated community mental health entity, which
facility is physically located in a jail or lockup and is staffed
by at least 1 designated representative when in use according to
chapter 2A.
(16) (11)
"Transition services"
means a coordinated set of
activities for a special education student designed within an
outcome-oriented process that promotes movement from school to
postschool activities, including postsecondary education,
vocational training, integrated employment including supported
employment, continuing and adult education, adult services,
independent living, or community participation.
(17) (12)
"Treatment" means care,
diagnostic, and therapeutic
services, including the administration of drugs, and any other
service for the treatment of an individual's serious mental illness
or serious emotional disturbance.
(18) (13)
"Treatment position"
means a unit of measure of the
client capacity of a psychiatric partial hospitalization program.
Each treatment position represents a minimum of 6 hours per day and
5 days per calendar week.
(19) (14)
"Urgent situation" means
a situation in which an
individual is determined to be at risk of experiencing an emergency
situation in the near future if he or she does not receive care,
treatment, or support services.
(20) (15)
"Wraparound services"
means an individually designed
set of services provided to minors with serious emotional
disturbance or serious mental illness and their families that
includes treatment services and personal support services or any
other
supports necessary to maintain foster
education preparedness,
employability, and preservation of the child in the family home.
Wraparound services are to be developed through an interagency
collaborative approach and a minor's parent or guardian and a minor
age 14 or older are to participate in planning the services.
Sec. 161. In conjunction with community mental health services
programs, the department shall conduct annually and forward to the
governor and the house and senate appropriations committees, and
the senate and house committees with legislative oversight of human
services and mental health, an evaluation of the family support
subsidy program that shall include, but is not limited to, all of
the following:
(a) The impact of the family support subsidy program upon
children covered by this act in facilities and residential care
programs including, to the extent possible, sample case reviews of
families who choose not to participate.
(b) Case reviews of families who voluntarily terminate
participation in the family support subsidy program for any reason,
particularly when the eligible minor is placed out of the family
home, including the involvement of the department and community
mental health services programs in offering suitable alternatives.
(c) Sample assessments of families receiving family support
subsidy payments including adequacy of subsidy and need for
services not available.
(d) The efforts to encourage program participation of eligible
families.
(e) The geographic distribution of families receiving subsidy
payments and, to the extent possible, eligible minors presumed to
be eligible for family support subsidy payments.
(f) Programmatic and legislative recommendations to further
assist families in providing care for eligible minors.
(g) Problems that arise in identifying eligible minors through
diagnostic evaluations performed under rules promulgated by the
department of education.
(h) The number of beds reduced in state facilities and foster
care facilities serving severely mentally, multiply, and autistic
impaired children when the children return home to their natural
families as a result of the subsidy program.
(i) Caseload figures by eligibility category as described in
section
100a(24).110a(27).
Sec. 208. (1) Services provided by a community mental health
services program shall be directed to individuals who have a
serious mental illness, serious emotional disturbance, or
developmental disability.
(2) Services may be directed to individuals who have other
mental disorders that meet criteria specified in the most recent
diagnostic and statistical manual of mental health disorders
published by the American psychiatric association and may also be
directed to the prevention of mental disability and the promotion
of mental health. Resources that have been specifically designated
to community mental health services programs for services to
individuals
with dementia, alcoholism, or substance abuse use
disorder or for the prevention of mental disability and the
promotion of mental health shall be utilized for those specific
purposes.
(3) Priority shall be given to the provision of services to
individuals with the most severe forms of serious mental illness,
serious emotional disturbance, and developmental disability.
Priority shall also be given to the provision of services to
individuals with a serious mental illness, serious emotional
disturbance, or developmental disability in urgent or emergency
situations.
(4) An individual shall not be denied a service because an
individual who is financially liable is unable to pay for the
service.
Sec. 210. (1) Any single county or any combination of
adjoining counties may elect to establish a community mental health
services program by a majority vote of each county board of
commissioners.
(2) A department-designated community mental health entity
shall coordinate the provision of substance use disorder services
in its region and shall ensure services are available for
individuals with substance use disorder.
CHAPTER 2A
SUBSTANCE USE DISORDER SERVICES
Sec. 260. (1) As used in this chapter:
(a) "Court" means the probate court for the county in which a
minor, for whom a request for substance use disorder treatment and
rehabilitation services has been made, either resides or is found.
(b) "Minor" means an individual 14 or more years of age and
less than 18 years of age.
(c) "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.
(d) "Physiological dependency" means addiction to alcohol or
drugs that alters the body's physical or psychological status, or
both.
(e) "Program" means a hospital, clinic, organization, or
health professional licensed under part 62 of the public health
code, 1978 PA 368, MCL 333.6230 to 333.6251, to provide treatment
services or screening and assessment services.
(2) The department shall begin implementation of the changes
in this chapter not later than October 1, 2013 and shall have the
changes completed by not later than October 1, 2014.
Sec. 261. Records of the identity, diagnosis, prognosis, and
treatment of an individual maintained in connection with the
performance of a program, an approved service program, or an
emergency medical service authorized or provided or assisted under
this chapter are confidential and may be disclosed only for the
purposes and under the circumstances authorized by section 262 or
263.
Sec. 262. (1) An individual who is the subject of a record
maintained under section 261 may consent in writing to the
disclosure of the content of the record to:
(a) Health professionals for the purpose of diagnosis or
treatment of the individual.
(b) Governmental personnel for the purpose of obtaining
benefits to which the individual is entitled.
(c) Any other person specifically authorized by the
individual.
(2) The individual consenting under subsection (1) may revoke
the authorization for the disclosure at any time, unless expressly
prohibited by federal legislation on confidentiality of alcohol and
drug abuse patient records, by giving written notice to the
program.
(3) The authorization or revocation shall be in a form
specified by the department in accordance with regulations
specifying the form of the written consent issued by the United
States department of health, education, and welfare and the special
action office for drug abuse prevention.
Sec. 263. If an individual who is the subject of a record
maintained under section 261 does not give written consent, the
content of the record may be disclosed only as follows:
(a) To medical personnel to the extent necessary to meet a
bona fide medical emergency.
(b) To qualified personnel for the purpose of conducting
scientific statistical research, financial audits, or program
evaluation, but the personnel shall not directly or indirectly
identify an individual in a report of the research audit or
evaluation or otherwise disclose an identity in any manner.
(c) Upon application, a court of competent jurisdiction may
order disclosure of whether a specific individual is under
treatment by a program. In all other respects, the confidentiality
shall be the same as the physician-patient relationship provided by
law.
(d) Upon application, a court may order disclosure of a record
for the purpose of a hearing under section 266 or 268.
Sec. 264. (1) The consent to the provision of substance use
disorder related medical or surgical care, treatment, or services
by a hospital, clinic, or health professional authorized by law
executed by a minor who is or professes to be an individual with a
substance use disorder is valid and binding as if the minor had
achieved the age of majority. The consent is not subject to later
disaffirmance by reason of minority. The consent of any other
person, including a spouse, parent, guardian, or person in loco
parentis, is not necessary to authorize these services to be
provided to a minor.
(2) For medical reasons, the treating physician, and, on the
advice and direction of the treating physician, a member of the
medical staff of a hospital or clinic or other health professional,
may, but is not obligated to, inform the spouse, parent, guardian,
or person in loco parentis as to the treatment given or needed. The
information may be given to or withheld from these persons without
consent of the minor and notwithstanding the express refusal of the
minor to the providing of the information.
(3) A spouse, parent, guardian, or person in loco parentis of
a minor is not legally responsible for services provided under this
section.
Sec. 265. (1) A program that is requested by a minor's parent
or a person in loco parentis to a minor to perform substance use
disorder treatment and rehabilitation services for the minor may
perform those services for the minor without the minor's consent if
the minor is less than 14 years of age, as verified by the minor's
parents or person acting in loco parentis, and if the request is
made in writing.
(2) A minor's parent or a person in loco parentis to a minor
may request that substance use disorder treatment and
rehabilitation services be provided to the minor by a program.
(3) If substance use disorder treatment and rehabilitation
services are requested under subsection (2) and the minor does not
consent to the substance use disorder treatment and rehabilitation
services, the program shall cause to have conducted a diagnostic
evaluation to determine whether the minor is physiologically
dependent. Except as otherwise provided in subsection (4), a
diagnostic evaluation shall be conducted within 48 hours of the
request for substance use disorder treatment and rehabilitation
services.
(4) If it is determined during a diagnostic evaluation
conducted under subsection (3) that the minor is in need of
detoxification, the program may arrange for detoxification services
and those services may be performed, with the consent of the
minor's parent or person in loco parentis to the minor and without
the minor's consent, for a period that shall not exceed 5 days.
After the minor's detoxification, the program shall cause to have
the minor's diagnostic evaluation completed within 48 hours.
(5) Except as otherwise provided in subsection (6), after a
diagnostic evaluation has been completed under this section,
substance use disorder treatment and rehabilitation services shall
not be performed unless 1 of the following occurs:
(a) The minor consents to substance use disorder treatment and
rehabilitation services.
(b) It is determined under section 266 that substance use
disorder treatment and rehabilitation services are necessary for
the minor.
(6) If it is determined as a result of a diagnostic evaluation
conducted under this section that the minor is physiologically
dependent, substance use disorder treatment and rehabilitation
services may be performed without the minor's consent pending a
hearing under section 266 and for a period that shall not exceed 7
business days.
(7) Psychotropic drugs shall not be used under this section by
a program on a minor unless the minor consents or the court orders
the use of the drugs at a hearing under section 266.
Sec. 266. (1) A minor's parent or person in loco parentis to a
minor may petition the court requesting the court's determination
as to whether treatment and rehabilitation services are necessary
for the minor.
(2) Upon receipt of a petition under subsection (1), the court
shall appoint a guardian ad litem to represent the minor for the
purposes of this section and sections 267 and 268 and shall notify
all of the following persons of the time and place for the hearing:
(a) The minor's parents or person in loco parentis to the
minor.
(b) The minor.
(c) The program director.
(d) The guardian ad litem for the minor.
(3) A minor has the right to an independent diagnostic
evaluation by a program.
(4) A hearing on a petition under subsection (1) shall be held
within 7 days of the court's receipt of the petition.
(5) At a hearing under this section, the court shall determine
whether substance use disorder treatment and rehabilitation
services are necessary. If the court determines that substance use
disorder treatment and rehabilitation services are necessary, the
court shall determine a suitable placement for the minor in the
least restrictive setting available.
(6) In making the determinations under subsection (5), the
court shall obtain and examine the diagnostic evaluation prepared
for the minor under section 265. If an independent diagnostic
evaluation was prepared, the court shall examine that evaluation.
Information obtained under this section shall not be used to
authorize a petition under section 2(a) of chapter XIIA of the
probate code of 1939, 1939 PA 288, MCL 712A.2.
(7) The court shall not order substance use disorder treatment
and rehabilitation services under this section on the grounds that
the minor's parent or person in loco parentis to the minor is
unwilling or unable to provide or arrange for the minor's
management, care, or residence.
(8) Court records maintained under this section are
confidential and open only by order of the court to persons having
a legitimate interest.
Sec. 267. (1) Not more than 30 days after the court orders the
admission of a minor to a program under section 266, and at 60-day
intervals after that, the director of the program shall perform or
arrange to have performed a review of the minor's treatment plan.
(2) The results of the reviews shall be transmitted in writing
within 72 hours after completion of the review to all of the
following:
(a) The minor.
(b) The minor's parent or person in loco parentis to the
minor.
(c) The minor's guardian ad litem.
(d) The court.
(3) A minor may object to his or her treatment plan within 30
days after receipt of the periodic review under subsection (1). The
objection shall be in writing and shall state the basis on which it
is being raised. At the minor's request, the minor's guardian ad
litem shall assist the minor in properly submitting the objection.
(4) If it is determined that substance use disorder treatment
and rehabilitation services are no longer necessary, the minor
shall be discharged from the program. If the minor is discharged,
the court shall be notified of the discharge.
Sec. 268. (1) Upon receipt of an objection filed under section
267, the court shall schedule a hearing to be held within 7
business days. After receipt of the objection, the court shall
notify all of the following persons of the time and place for the
hearing:
(a) The minor.
(b) The minor's parent or person in loco parentis to the
minor.
(c) The minor's guardian.
(d) The program director.
(2) The court shall sustain the objection and order the
discharge of the minor unless the court finds by clear and
convincing evidence that substance use disorder treatment and
rehabilitation services are necessary. If the court does not
sustain the objection, an order shall not be entered, the objection
shall be dismissed, and substance use disorder treatment and
rehabilitation services shall continue.
Sec. 269. The department-designated community mental health
entity and its community mental health services program provider
network may contract for and spend funds for the prevention of
substance use disorder and for the counseling and treatment of
individuals with substance use disorder. A department-designated
community mental health entity and other community mental health
services program may make contracts with the governing bodies of
other department-designated community mental health entities and
other community mental health services programs and other persons
for these purposes.
Sec. 270. The department shall do all of the following:
(a) Administer and coordinate state administered funds for
substance use disorder treatment and rehabilitation services and
substance use disorder prevention services.
(b) Use appropriations of revenues from taxes imposed by the
Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to
436.2303, exclusively for the purposes provided in that act.
(c) Recommend directly to the governor, after review and
comment, budget and grant requests for public funds to be allocated
for substance use disorder services including education, research,
treatment, rehabilitation, and prevention activities.
(d) Provide technical assistance to department-designated
community mental health entities and community mental health
services programs and to treatment, rehabilitation, and prevention
agencies for the purposes of program development, administration,
and evaluation.
(e) Develop annually a comprehensive state plan through the
use of federal, state, local, and private resources of adequate
services and facilities for the prevention and control of substance
use disorder and the diagnosis, treatment, and rehabilitation of
individuals with substance use disorder.
(f) Evaluate, in cooperation with appropriate state
departments and agencies, the effectiveness of substance use
disorder services in the state funded by federal, state, local, and
private resources, and annually during the month of November,
report a summary of the detailed evaluation to the governor and the
legislature.
Sec. 271. The department shall do both of the following:
(a) Cooperate with agencies of the federal government and
receive and use federal funds for purposes authorized by the
legislature.
(b) Prior to the expenditure of funds appropriated to other
state agencies receiving appropriations for substance use disorder
treatment and rehabilitation services and substance use disorder
prevention services, have a contract signed with the receiving
department-designated community mental health entity. The
department shall submit a copy of each agreement to the governor
and the appropriations committees of the senate and house of
representatives.
Sec. 272. The department shall do all of the following:
(a) Establish a statewide information system for the
collection of statistics, management data, and other information
required for the implementation of this chapter.
(b) Collect, analyze, and disseminate data concerning
substance use disorder treatment and rehabilitation services and
substance use disorder prevention services.
(c) Prepare, publish, evaluate, and disseminate educational
material as to the nature and effect of alcohol and drugs.
(d) Organize, sponsor, and fund training programs for persons
directly or indirectly engaged in the treatment, rehabilitation,
and prevention of substance use disorder.
(e) Conduct and provide grant-in-aid funds to conduct research
on the incidence, prevalence, causes, and treatment of substance
use disorder and disseminate this information to the public and to
substance use disorder services professionals.
Sec. 273. (1) The department shall do all of the following:
(a) Annually establish program priority for funding for the
next fiscal year.
(b) Establish guidelines for project applications.
(c) Promulgate rules concerning matching requirements for
state alcoholism and drug abuse treatment grants. The rules shall
be reviewed every 2 years.
(2) The department-designated community mental health entities
and community mental health services program provider networks
shall ensure that applicants for state administered funds are
licensed, unless exempt, as substance use disorder service programs
under part 62 of the public health code, 1978 PA 368, MCL 333.6230
to 333.6251.
(3) The department may issue licenses; require reports;
establish standards and procedures; and make inspections necessary
to enforce this chapter and rules promulgated under this chapter;
and provide technical assistance for the guidance of substance use
disorder service programs in complying with the requirements and
rules promulgated under this chapter.
Sec. 274. A department-designated community mental health
entity designated by the director to assume responsibility for
providing substance use disorder services for a county or
multicounty region, with assistance from its community mental
health services program provider network, shall do all of the
following:
(a) Develop comprehensive plans for substance use disorder
treatment and rehabilitation services and substance use disorder
prevention services consistent with guidelines established by the
department.
(b) Review and comment to the department of licensing and
regulatory affairs on applications for licenses submitted by local
treatment, rehabilitation, and prevention organizations.
(c) Provide technical assistance for local substance use
disorder service programs.
(d) Collect and transfer data and financial information from
local programs to the department of licensing and regulatory
affairs.
(e) Submit an annual budget request to the department for use
of state administered funds for its substance use disorder
treatment and rehabilitation services and substance use disorder
prevention services in accordance with guidelines established by
the department.
(f) Make contracts necessary and incidental to the performance
of the department-designated community mental health entity's and
community mental health services program's functions. The contracts
may be made with public or private agencies, organizations,
associations, and individuals to provide for substance use disorder
treatment and rehabilitation services and substance use disorder
prevention services.
(g) Annually evaluate and assess substance use disorder
services in the department-designated community mental health
entity in accordance with guidelines established by the department.
Sec. 275. (1) Subject to subsection (2), if a department-
designated community mental health entity under this chapter
maintains a waiting list for services, the department-designated
community mental health entity shall place a parent whose child has
been removed from the home under the child protection laws of this
state or is in danger of being removed from the home under the
child protection laws of this state because of the parent's
substance use disorder in a priority position on the waiting list
above all other applicants with substantially similar clinical
conditions.
(2) If a department-designated community mental health entity
receives federal substance abuse prevention and treatment block
grant funds, the priority position of the parent on the waiting
list granted under subsection (1) will come after a priority
position on the waiting list granted under the conditions of the
federal block grant. If the parent qualifies for priority status on
the waiting list under the conditions of the federal block grant,
the department-designated community mental health entity shall
place the parent in that priority position on the waiting list.
Sec. 276. (1) An individual who appears to be incapacitated in
a public place shall be taken into protective custody by a law
enforcement officer and taken to an approved service program, or to
an emergency medical service, or to a transfer facility according
to subsection (4) for subsequent transportation to an approved
service program or emergency medical service. When requested by a
law enforcement officer, an emergency service unit or staff shall
provide transportation for the individual to an approved service
program or an emergency medical service. This subsection does not
apply to an individual who the law enforcement officer reasonably
believes will attempt escape or will be unreasonably difficult for
staff to control.
(2) A law enforcement officer may take an individual into
protective custody with that kind and degree of force that would be
lawful were the officer effecting an arrest for a misdemeanor
without a warrant. In taking the individual, a law enforcement
officer may take reasonable steps to protect himself or herself.
The protective steps may include a "pat down" search of the
individual in his or her immediate surroundings, but only to the
extent necessary to discover and seize any dangerous weapon that
may on that occasion be used against the officer or other
individuals present. These protective steps shall be taken by the
law enforcement officer before an emergency service unit or staff
provides transportation of an individual to an approved service
program or emergency medical service.
(3) The taking of an individual to an approved service
program, emergency medical service, or transfer facility under
subsection (1) is not an arrest, but is a taking into protective
custody with or without consent of the individual. The law
enforcement officer shall inform the individual that he or she is
being held in protective custody and is not under arrest. An entry
or other record shall not be made to indicate that the individual
was arrested or charged with either a crime or being incapacitated.
An entry shall be made indicating the date, time, and place of the
taking, but the entry shall not be treated for any purpose as an
arrest or criminal record.
(4) An individual taken into protective custody under
subsection (1) may be taken to a transfer facility for not more
than 8 hours, if there is neither an approved service program nor
an emergency medical service in that county and if, due to distance
or other circumstances, a law enforcement officer is unable to
complete transport of the individual to an approved service program
or emergency medical service. The law enforcement officer or agency
shall immediately notify and request the nearest approved service
program or emergency medical service to provide an emergency
service unit or staff as soon as possible to transport the
individual to that approved service program or emergency medical
service. If neither an emergency service unit nor staff is
available for transportation, a law enforcement officer may
transport the individual to an approved service program or
emergency medical service. If an emergency service unit or staff is
to provide transportation, the designated representative of the
transfer facility shall assume custody of the individual and shall
take all reasonable steps to ensure the individual's health and
safety until custody is transferred to the emergency service unit
or staff of an approved service program or emergency medical
service.
(5) An individual arrested by a law enforcement officer for
the commission of a misdemeanor punishable by imprisonment for not
more than 3 months, or by a fine of not more than $500.00, or both,
may be taken to an approved service program or an emergency medical
service for emergency treatment if the individual appears to be
incapacitated at the time of apprehension. This treatment is not in
lieu of criminal prosecution of the individual for the offense with
which the individual is charged, nor shall it preclude the
administration of any tests as provided for by law.
Sec. 277. (1) An individual who is taken to an approved
service program or emergency medical service under section 276(1)
shall continue to be in protective custody and shall be examined by
a physician or his or her designated representative as soon as
possible, but not longer than 8 hours. The physician or designated
representative may conduct a chemical test to determine the amount
of alcohol in the bloodstream of the individual. The physician or
designated representative shall inform the individual of his or her
right to that test and shall conduct a test at the request of the
individual.
(2) An individual who, by medical examination, is found to be
incapacitated shall then receive treatment from an approved service
program or emergency medical service. An individual shall not be
denied treatment solely because the individual has withdrawn from
treatment against medical advice on a prior occasion or because the
individual has relapsed after earlier treatment. An approved
service program or the emergency medical service may arrange for
necessary transportation.
(3) Approved service programs are not expected to provide
treatment other than that for which they are licensed, nor shall an
emergency medical service be required to provide treatment other
than that routinely provided for other patients treated.
Sec. 278. (1) An individual who is taken to an approved
service program or emergency medical service under section 276(1)
shall continue to be in protective custody. The individual shall
not be detained once the individual is medically examined and found
not to be incapacitated. An individual found by medical examination
to be incapacitated shall be detained until the individual is no
longer incapacitated or for not more than 72 hours after the
individual is taken to the approved service program or emergency
medical service. An individual may consent to remain in the program
for as long as the physician in charge believes appropriate.
(2) An individual who is taken to an approved service program
or emergency medical service under section 276(5) shall be
discharged to a law enforcement officer after the individual is no
longer incapacitated. An individual who remains incapacitated at
the expiration of 72 hours after the individual has been taken to
the approved service program or emergency medical service shall be
discharged to a law enforcement officer unless both of the
following occur:
(a) The individual agrees to remain in the program longer than
72 hours.
(b) The physician in charge of the program believes it
appropriate that the individual remain in the program longer than
72 hours.
Sec. 279. (1) An individual who is brought to an approved
service program or emergency medical service under section 276(1)
and is found by medical examination not to be incapacitated shall
be immediately released and transportation may be arranged by the
approved service program or emergency medical service.
(2) An individual who is brought to an approved service
program or emergency medical service under section 276(5) and is
found by medical examination not to be incapacitated shall be
released to a law enforcement officer representing the agency that
made the arrest.
Sec. 280. If an individual held in protective custody is
admitted to an approved service program or emergency medical
service, the individual's family, next of kin, or someone whom the
individual designates shall be notified as promptly as possible.
Sec. 281. (1) An individual may voluntarily seek admission at
an approved service program or emergency medical service.
(2) The individual shall be examined by a physician or his or
her designated representative. The physician at the request of the
individual may order a chemical test to determine the amount of
alcohol in the bloodstream of the individual.
(3) An individual who by medical examination is found to be
incapacitated shall then be admitted or referred for treatment.
Transportation may be provided to an individual admitted or
referred for treatment through the approved service program or the
emergency medical service.
(4) The voluntarily admitted individual may leave at any time
or may consent to remain as long as the physician believes
appropriate.
(5) If a voluntarily admitted individual is admitted to an
approved service program or emergency medical service, the family,
next of kin, or someone whom the individual designates, shall be
notified as promptly as possible. If an adult requests that there
be no notification, the request shall be respected.
Sec. 282. (1) A law enforcement officer, a member of the
emergency service unit, or staff member of an approved service
program or an emergency medical service who acts in compliance with
sections 276 to 286 is acting in the course of his or her official
duty and is not criminally or civilly liable as a result.
(2) Subsection (1) does not apply to a law enforcement
officer, member of the emergency service unit, or staff member of
an approved service program or an emergency medical service who,
while acting in compliance with sections 276 to 286, engages in
behavior involving gross negligence or willful and wanton
misconduct.
(3) Approved service programs, staff of approved service
programs, emergency medical services, staff of emergency medical
services, law enforcement officers, and emergency service units are
not criminally or civilly liable for the subsequent actions of the
apparently incapacitated individual who leaves the approved service
program or emergency medical service.
Sec. 283. An individual taken, or seeking voluntary admission
under section 281, to an emergency medical service or a transfer
facility shall have his or her possessions inventoried and held in
a secure place. These possessions shall be returned to the
individual when the individual is released. Contraband discovered
in the inventory shall not be returned to the individual.
Sec. 284. (1) If treatment or transportation, or both, is
provided by an approved service program, emergency service unit, or
emergency medical service, and the individual has not paid the
charge for that treatment or transportation, or both, the approved
service program, emergency service unit, or emergency medical
service is entitled to any payment received by the individual or to
which the individual may be entitled because of the services
rendered, or entitled to any payment from any public or private
source available to the approved service program, emergency service
unit, or emergency medical service because of the treatment or
transportation, or both, provided to the individual.
(2) If an individual receives treatment or transportation, or
both, from an approved service program, emergency service unit, or
emergency medical service, the estate of the individual or an
individual obligated to provide for the cost of treatment, or
transportation, or both, is liable to the approved service program,
emergency service unit, or emergency medical service for the cost
of the treatment or transportation, or both, of that individual.
Sec. 285. Records of the diagnostic evaluation, psychiatric,
psychological, social service care, and referral of an individual
that are maintained in connection with the performance of an
approved service program or emergency medical service authorized or
provided under sections 276 to 286 are confidential and may only be
disclosed in either of the following circumstances:
(a) For the purposes and under the circumstances expressly
authorized under section 262 or 263.
(b) At the specific written request of a parole or probation
officer seeking the information with regard to a parolee or
probationer in the officer's charge who agrees to release this
information.
Sec. 286. (1) After January 15, 1978, a city, county,
township, or village may not adopt or enforce a local law,
ordinance, resolution, rule, or portion thereof having the force of
law that imposes a civil or criminal penalty for public
intoxication, being a common drunkard, or being incapacitated,
except as provided in subsection (3) or (4).
(2) A local unit of government may not interpret or apply any
law of general application to circumvent subsection (1).
(3) This section and sections 276 to 285 do not affect a law,
ordinance, resolution, or rule against drunken driving, driving
under the influence of alcohol, or other similar offense involving
the operation of a vehicle, snowmobile, aircraft, vessel,
machinery, or other equipment, or motorized conveyance, or
regarding the sale, purchase, dispensing, possession,
transportation, consumption, or use of alcoholic beverages at
stated times and places, or by a particular class of individuals.
(4) This section and sections 276 to 285 do not prohibit a
local unit of government from adopting an ordinance consistent with
section 167 of the Michigan penal code, 1931 PA 328, MCL 750.167.
Sec. 287. (1) The composition of the department-designated
community mental health entity board shall consist of
representatives of mental health, developmental or intellectual
disabilities, and substance use disorder services.
(2) The department-designated community mental health entity
shall ensure that funding dedicated to substance use disorder
services shall be retained for substance use disorder services and
not diverted to fund services that are not for substance use
disorders.
(3) A department-designated community mental health entity
designated by the director to assume the responsibilities of
providing substance use disorder services for a county or region
shall retain the existing providers who are under contract to
provide substance use disorder treatment and prevention services
for a period of 2 years after the effective date of the amendatory
act that added this section. Unless another plan is approved by the
county board of commissioners, counties or regions that have local
public health departments that contract with substance use disorder
providers on the effective date of the amendatory act that added
this section shall continue to allow the local public health
department to carry out that function for 2 years after the
effective date of the amendatory act that added this section.
(4) The department and the department-designated community
mental health entity shall continue to use the allocation formula
based on federal and state data sources to allocate and distribute
nonmedical assistance substance use disorder services funds.
(5) A department-designated community mental health entity
shall establish a substance use disorder oversight policy board
House Bill No. 4862 as amended December 12, 2012
through a contractual agreement between the department-designated
community mental health entity and each of the counties served by
the community mental health services program under 1967 (Ex Sess)
PA 8, MCL 124.531 to 124.536, or other appropriate state law. The
substance use disorder oversight policy board shall include the
members called for in the establishing agreement, but shall have at
least 1 board member appointed by the county board of commissioners
for each county served by the department-designated community
mental health entity. The substance use disorder oversight policy
board shall perform the functions and responsibilities assigned to
it through the establishing agreement, which shall include at least
the following responsibilities:
(a) Approval of any department-designated community mental
health entity budget containing local funds for treatment or
prevention of substance use disorders.
(b) Advice and recommendations regarding <<DEPARTMENT-DESIGNATED
community mental health entities>> budgets for substance use disorder
treatment or
prevention using other nonlocal funding sources.
(c) Advice and recommendations regarding contracts with
substance use disorder treatment or prevention providers.
(d) Any other terms as agreed to by the participating parties
consistent with the authorizing legislation.
(6) The department shall report to the house of
representatives and the senate appropriations subcommittee on
community health on the redistricting of regions not later than 30
days before implementation of the plan.
(7) The department shall work with department-designated
community mental health entities and community mental health
services programs to simplify the administrative and reporting
requirements for mental health services and substance use disorder
services.
(8) Beginning not later than October 1, 2014, or at the time
the implementation of the changes in this chapter are complete,
whichever is sooner, department-designated community mental health
entities are coordinating agencies for purposes of receiving any
funds statutorily required to be distributed to coordinating
agencies.
Enacting section 1. The following parts and sections of the
public health code, 1978 PA 368, MCL 333.1101 to 333.25211, are
repealed:
(a) Part 61, MCL 333.6101 to 333.6141.
(b) Sections 6201, 6203, 6205, 6207, 6209, 6211, 6213, 6215,
6217, 6221, 6222, 6223, 6226, 6228, 6231, and 6232, MCL 333.6201,
333.6203, 333.6205, 333.6207, 333.6209, 333.6211, 333.6213,
333.6215, 333.6217, 333.6221, 333.6222, 333.6223, 333.6226,
333.6228, 333.6231, and 333.6232.
(c) Part 65, MCL 333.6501 to 333.6523.
Enacting section 2. This amendatory act does not take effect
unless House Bill No. 4863 of the 96th Legislature is enacted into
law.
