Bill Text: MI HB5823 | 2025-2026 | 103rd Legislature | Introduced
Bill Title: Mental health: facilities; video monitoring and recording in certain care settings; allow. Amends sec. 724 of 1974 PA 258 (MCL 330.1724).
Sponsorship: Slight Partisan Bill (Republican 3-1)
Status: (Introduced) 2026-04-22 - Bill Electronically Reproduced 04/21/2026 [HB5823 Detail]
Download: Michigan-2025-HB5823-Introduced.html
HOUSE BILL NO. 5823
A bill to amend 1974 PA 258, entitled
"Mental health code,"
by amending section 724 (MCL 330.1724), as amended by 2012 PA 508.
the people of the state of michigan enact:
Sec. 724. (1) A recipient of mental health services shall must not be fingerprinted, photographed, audiorecorded, or viewed through a 1-way glass except in the circumstances and under the conditions set forth described in this section. As used in this section, photographs include still pictures, motion pictures, and recordings.
(2) Fingerprints, In order to provide services, including research, to a recipient, or to determine the name of a recipient, fingerprints, photographs, or audiorecordings may be taken and used and 1-way glass may be used in order to provide services, including research, to a recipient or in order to determine the name of the recipient only when if prior written consent is obtained from 1 of the following:
(a) The recipient if 18 years of age or over and competent to consent.
(b) The guardian of the recipient if the guardian is legally empowered to execute such a consent.
(c) The parent with legal and physical custody of the recipient if the recipient is less than 18 years of age.
(3) Fingerprints, photographs, or audiorecordings taken in order to provide services to a recipient, and any copies of them, shall the fingerprints, photographs, or audiorecordings must be kept as part of the record of the recipient.
(4) Fingerprints, photographs, or audiorecordings taken in order to determine the name of a recipient shall must be kept as part of the record of the recipient, except that when necessary the fingerprints, photographs, or audiorecordings may be delivered to others for assistance in determining the name of the recipient. Fingerprints, photographs, or audiorecordings so delivered shall to others under this subsection must be returned together with copies that were made. An individual receiving who receives fingerprints, photographs, or audiorecordings shall must be informed of the requirement that return be made. Upon On return, the fingerprints, photographs, or audiorecordings, together with copies, shall must be kept as part of the record of the recipient.
(5) Fingerprints, photographs, or audiorecordings in the record of a recipient, and any copies of them, shall the fingerprints, photographs, or audiorecordings must be given to the recipient or destroyed when if they are no longer essential in order to achieve 1 of the objectives set forth in subsection (2), or upon on discharge of the resident, whichever occurs first.
(6) Photographs of a recipient may be taken for purely personal or social purposes and shall must be maintained as the recipient's personal property. A photograph of a recipient shall must not be taken or used under this subsection if the recipient has indicated his or her the recipient's objection.
(7) Photographs or audiorecordings may be taken and 1-way glass may be used for educational or training purposes only when if express written consent is obtained from 1 of the following:
(a) The recipient if 18 years of age or over and competent to consent.
(b) The guardian of the recipient if the guardian is legally empowered to execute such a consent.
(c) The parent with legal and physical custody of the recipient if the recipient is less than 18 years of age.
(8) This section does not apply to recipients of mental health services referred under chapter 10.
(9) Video Subject to subsection (10), video surveillance may be conducted in a psychiatric hospital licensed facility for purposes of safety, security, and quality improvement, . or to ensure the health or well-being of a recipient. Video surveillance may only be conducted in common areas, such as including, but not limited to, hallways, nursing station areas, and social activity areas within the psychiatric unit. licensed facility. Video surveillance recordings taken in common areas shall must not be used for treatment or therapeutic purposes. Before implementation of video surveillance, the psychiatric hospital licensed facility shall establish written policies and procedures that address, at a minimum, all of the following:
(a) Identification of locations where video surveillance images will be recorded and saved.
(b) Mechanisms by which recipients and visitors will be advised of the video surveillance.
(c) Security provisions that assure ensure that only authorized staff members have access to view recorded surveillance video. The security provisions shall must include all of the following:
(i) Who may authorize viewing of recorded surveillance video.
(ii) Circumstances under which recorded surveillance video may be viewed.
(iii) Who may view recorded surveillance video with proper authorization.
(iv) Safeguards to prevent and detect unauthorized viewing of recorded surveillance video.
(v) Circumstances under which recorded surveillance video may be duplicated and what steps will be taken to prevent unauthorized distribution of the duplicate.
(d) Documentation required to be maintained for each instance of authorized access, viewing duplication, or distribution of any recorded surveillance videos.
(e) Process to assure ensure retrieval of distributed recorded surveillance video when the purpose for which the video was distributed no longer exists.
(f) Archived footage of video surveillance recordings for up to 30 days unless notice is received that an incident requires investigation by the department's office of recipient rights, any licensed facility's office of recipient rights, the licensing division of the bureau of community and health systems in the department of licensing and regulatory affairs, law enforcement, licensed psychiatric hospital or unit office of recipient rights, and or the United States department of health and human services centers for medicaid and medicare services. In that case, archived footage of video surveillance recordings may be retained for the duration of the investigation.Department of Health and Human Services Centers for Medicare and Medicaid Services.
(g) Recorded video surveillance images shall must not be maintained as part of a recipient's clinical record.
(h) Provision of notice to a recipient, a recipient's parent, or a recipient's guardian, as applicable, that video surveillance is being conducted in the common areas of the licensed facility.
(10) The department shall ensure that video surveillance does not preclude a recipient's eligibility for Medicaid or a licensed facility's eligibility for Medicaid reimbursement.
