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.