Bill Text: MI HB5819 | 2017-2018 | 99th Legislature | Engrossed


Bill Title: Mental health; other; guardians' authority to consent to mental health treatment; allow. Amends secs. 100a, 400, 415, 416, 419 & 420 of 1974 PA 258 (MCL 330.1100a et seq.). TIE BAR WITH: HB 5818'18

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2018-06-05 - Referred To Committee On Health Policy [HB5819 Detail]

Download: Michigan-2017-HB5819-Engrossed.html

HB-5819, As Passed House, May 30, 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5819

 

 

April 17, 2018, Introduced by Reps. Kesto, Vaupel and Guerra and referred to the Committee on Health Policy.

 

     A bill to amend 1974 PA 258, entitled

 

"Mental health code,"

 

by amending sections 100a, 400, 415, 416, 419, and 420 (MCL

 

330.1100a, 330.1400, 330.1415, 330.1416, 330.1419, and 330.1420),

 

sections 100a and 420 as amended by 2016 PA 320, section 400 as

 

amended by 2004 PA 553, section 415 as amended by 2004 PA 557,

 

section 416 as amended by 1995 PA 290, and section 419 as amended

 

by 1984 PA 186.

 

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) "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) "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 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 be provided under

 

the supervision of a psychiatrist.

 

     (9) "Board" means the governing body of a community mental

 

health services program.

 

     (10) "Board of commissioners" means a county board of

 

commissioners.

 

     (11) "Center" means a facility operated by the department to

 

admit individuals with developmental disabilities and provide

 

habilitation and treatment services.

 

     (12) "Certification" means formal approval of a program by the

 

department in accordance with standards developed or approved by

 

the department.

 

     (13) "Child abuse" and "child neglect" mean those terms as

 

defined in section 2 of the child protection law, 1975 PA 238, MCL

 

722.622.

 

     (14) "Child and adolescent psychiatrist" means 1 or more of

 

the following:

 

     (a) A physician who has completed a residency program in child

 

and adolescent psychiatry approved by the Accreditation Council for

 

Graduate Medical Education or the American Osteopathic Association,

 

or who has completed 12 months of child and adolescent psychiatric

 

rotation and is enrolled in an approved residency program as

 

described in this subsection.


     (b) A psychiatrist employed by or under contract as a child

 

and adolescent psychiatrist with the department or a community

 

mental health services program on March 28, 1996, who has education

 

and clinical experience in the evaluation and treatment of children

 

or adolescents with serious emotional disturbance.

 

     (c) A psychiatrist who has education and clinical experience

 

in the evaluation and treatment of children or adolescents with

 

serious emotional disturbance who is approved by the director.

 

     (15) "Children's diagnostic and treatment service" means a

 

program operated by or under contract with a community mental

 

health services program, that provides examination, evaluation, and

 

referrals for minors, including emergency referrals, that provides

 

or facilitates treatment for minors, and that has been certified by

 

the department.

 

     (16) "Community mental health authority" means a separate

 

legal public governmental entity created under section 205 to

 

operate as a community mental health services program.

 

     (17) "Community mental health organization" means a community

 

mental health services program that is organized under the urban

 

cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to

 

124.512.

 

     (18) "Community mental health services program" means a

 

program operated under chapter 2 as a county community mental

 

health agency, a community mental health authority, or a community

 

mental health organization.

 

     (19) "Consent" means a written agreement executed by a

 

recipient, a minor recipient's parent, or a recipient's legal


representative with authority to execute a consent, or a full or

 

limited guardian authorized under the estates and protected

 

individuals code, 1998 PA 386, MCL 700.1101 to 700.8206, with the

 

authority to consent, or a verbal agreement of a recipient that is

 

witnessed and documented by an individual other than the individual

 

providing treatment.

 

     (20) "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.

 

     (21) "Department" means the department of health and human

 

services.

 

     (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) "Dependent living setting" means all of the following:

 

     (a) An adult foster care facility.

 

     (b) A nursing home licensed under article 17 part 217 of the

 

public health code, 1978 PA 368, MCL 333.20101 to

 

333.22260.333.21701 to 333.21799e.

 

     (c) A home for the aged licensed under article 17 part 213 of


the public health code, 1978 PA 368, MCL 333.20101 to

 

333.22260.333.21301 to 333.21335.

 

     (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) "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) "Director" means the director of the department or his or

 

her designee.

 

     (27) "Discharge" means an absolute, unconditional release of

 

an individual from a facility by action of the facility or a court.

 

     (28) "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


Administrative Code or in a program designed for the severely

 

mentally impaired or severely multiply impaired.

 

     (29) "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 has mental illness that has impaired his or

 

her judgment so that the individual is unable to understand his or

 

her need for treatment, and that impaired judgment, on the basis of

 

competent clinical opinion, presents a substantial risk of

 

significant physical or mental harm to the individual in the near

 

future or presents a substantial risk of significant physical harm

 

to others in the near future.

 

     (30) "Executive director" means an individual appointed under

 

section 226 to direct a community mental health services program or

 

his or her designee.

 

     Sec. 400. As used in this chapter, unless the context requires

 

otherwise:

 

     (a) "Clinical certificate" means the written conclusion and


statements of a physician 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, 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 700.8102, 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, alternative treatment, or combined hospitalization

 

and alternative 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 alternative

 

treatment from 1 treatment program to another in accordance with

 

his or her individual 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. 415. Subject to section 410, an individual 18 years of

 

age or over may be hospitalized or otherwise treated as a formal

 

voluntary patient if the either of the following applies:

 

     (a) The individual executes an application a written consent

 

with the mental health facility for hospitalization mental health

 

treatment as a formal voluntary patient. or the individual assents

 

and the

 

     (b) The full guardian of the individual, the or limited

 

guardian with authority to admit, execute a written consent to

 

mental health treatment, or a patient advocate authorized by the

 

individual to make mental health treatment decisions under the

 

estates and protected individuals code, 1998 PA 386, MCL 700.1101

 

to 700.8102, executes an application for hospitalization and if the

 

hospital director considers the individual to be clinically

 

suitable for that form of hospitalization.700.8206, executes a

 

written consent to provide mental health treatment.

 

     Sec. 416. The formal application shall contain in large type

 

and simple language the substance of sections 419 and 420. Upon

 

hospitalization, commencement of mental health treatment, the

 

rights set forth in the application shall that the patient has

 

during the mental health treatment, including the right to object

 

to the mental health treatment, must be orally communicated to the

 

patient and to the individual who executed the application. written

 

consent. In addition, a copy of the application shall written

 

consent must be given to the patient and the individual who


executed the application written consent and to 1 other individual

 

designated by the patient.

 

     Sec. 419. (1) Except as is provided in section 420, a formal

 

voluntary patient 18 years of age or over shall not be hospitalized

 

or provided mental health treatment for more than 3 days, excluding

 

Sundays and holidays, after the patient, the full or limited

 

guardian with authority to consent to mental health treatment, or a

 

patient advocate authorized by the individual to make mental health

 

treatment decisions under the estates and protected individuals

 

code, 1998 PA 386, MCL 700.1101 to 700.8206, gives written notice

 

of an intention to terminate his or her hospitalization and leave

 

the hospital.the patient's mental health treatment.

 

     (2) When the hospital or provider of mental health treatment

 

is told of an intention to terminate hospitalization mental health

 

treatment under subsection (1), it shall promptly supply the

 

written form which that is required.

 

     Sec. 420. If a written notice of termination of

 

hospitalization 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 3

 

days after the hospital's receipt of the notice , file a petition

 

with the court that complies with section 434. The petition shall

 

be accompanied by 1 clinical certificate executed by a psychiatrist


and 1 clinical certificate executed by either a physician 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.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 5818 (request no.

 

03397'17) of the 99th Legislature is enacted into law.

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