Bill Text: MI SB0871 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Mental health; other; assessment language for people needing treatment; clarify. Amends sec. 401 of 1974 PA 258 (MCL 330.1401).

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2009-09-24 - Referred To Committee On Health Policy [SB0871 Detail]

Download: Michigan-2009-SB0871-Introduced.html

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SENATE BILL No. 871

 

 

September 24, 2009, Introduced by Senators CHERRY, BRATER, JACOBS, CLARK-COLEMAN, SCOTT, OLSHOVE, ANDERSON, SWITALSKI, BASHAM and THOMAS and referred to the Committee on Health Policy.

 

 

 

     A bill to amend 1974 PA 258, entitled

 

"Mental health code,"

 

by amending section 401 (MCL 330.1401), as amended by 2004 PA 496.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 401. (1) As used in this chapter, "person requiring

 

treatment" means (a), (b), (c), or (d):

 

     (a) An individual who has mental illness, and who as a result

 

of that mental illness can reasonably be expected within the near

 

future to intentionally or unintentionally seriously physically

 

injure himself, herself, or another individual, and who has engaged

 

in an act or acts or made significant threats that are

 

substantially supportive of the expectation. An individual who has

 

mental illness, whose judgment is so impaired that he or she is

 

unable to understand his or her need for treatment, and whose

 

continued behavior as the result of this mental illness can

 

reasonably be expected, on the basis of competent clinical opinion,

 

to result in significant physical harm to himself, herself, or

 

others. This individual shall receive involuntary mental health

 

treatment initially only under the provisions of sections 434

 

through 438.

 

     (b) An individual who has mental illness, and who as a result

 

of that mental illness is unable to attend to those of his or her

 

basic physical needs such as food, clothing, or shelter that must

 

be attended to in order for the individual to avoid serious harm in

 

the near future, and who has demonstrated that inability by failing

 

to attend to those basic physical needs.

 

     (c) An individual who has mental illness, whose judgment is so

 

impaired that he or she is unable to understand his or her need for

 

treatment and whose continued behavior as the result of this mental

 

illness can reasonably be expected, on the basis of competent

 

clinical opinion, to result in significant physical harm to

 

himself, herself, or others. This individual shall receive

 

involuntary mental health treatment initially only under the

 

provisions of sections 434 through 438. An individual who has

 

mental illness, and who as a result of that mental illness can

 

reasonably be expected within the near future to intentionally or

 

unintentionally seriously physically injure himself, herself, or

 

another individual, and who has engaged in an act or acts or made

 

significant threats that are substantially supportive of the

 

expectation.

 

     (d) An individual who has mental illness, whose understanding

 

of the need for treatment is impaired to the point that he or she

 

is unlikely to participate in treatment voluntarily, who is

 

currently noncompliant with treatment that has been recommended by

 

a mental health, professional and that has been determined to be

 

necessary to prevent a relapse or harmful deterioration of his or

 

her condition and whose noncompliance with treatment has been a

 

factor in the individual's placement in a psychiatric hospital,

 

prison, or jail at least 2 times within the last 48 months or whose

 

noncompliance with treatment has been a factor in the individual's

 

committing 1 or more acts, attempts, or threats of serious violent

 

behavior within the last 48 months. An individual under this

 

subdivision is only eligible to receive assisted outpatient

 

treatment under section 433 or 469a.

 

     (2) The court shall apply and consider each of the criteria in

 

subsection (1) before determining an individual is not a person

 

requiring treatment.

 

     (3) (2) An individual whose mental processes have been

 

weakened or impaired by a dementia, an individual with a primary

 

diagnosis of epilepsy, or an individual with alcoholism or other

 

drug dependence is not a person requiring treatment under this

 

chapter unless the individual also meets the criteria specified in

 

subsection (1). An individual described in this subsection may be

 

hospitalized under the informal or formal voluntary hospitalization

 

provisions of this chapter if he or she is considered clinically

 

suitable for hospitalization by the hospital director.