Bill Text: MI SB0873 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Mental health; guardians; guardians' authority to consent to mental health treatment; allow. Amends secs. 415, 416 & 419 of 1974 PA 258 (MCL 330.1415 et seq.).
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2009-09-24 - Referred To Committee On Health Policy [SB0873 Detail]
Download: Michigan-2009-SB0873-Introduced.html
SENATE BILL No. 873
September 24, 2009, Introduced by Senators THOMAS, BRATER, JACOBS, ANDERSON, SCOTT, CHERRY, OLSHOVE, SWITALSKI and BASHAM and referred to the Committee on Health Policy.
A bill to amend 1974 PA 258, entitled
"Mental health code,"
by amending sections 415, 416, and 419 (MCL 330.1415, 330.1416, and
330.1419), 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.
415. Subject to section 410, an An individual 18 years of
age or over may be hospitalized as a formal voluntary patient if
the hospital director considers the individual to be clinically
suitable for that form of hospitalization and either of the
following applies:
(a) The individual executes an application for hospitalization
as
a formal voluntary patient. or the individual assents and the
(b)
The full guardian of the individual , or the
limited
guardian
with authority to admit , 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.
Sec. 416. The formal application shall contain in large type
and simple language the substance of sections 419 and 420. Upon
hospitalization, the rights set forth in the application shall be
orally communicated to the patient and to the individual who
executed the application. In addition, a copy of the application
shall be given to the patient and the individual who executed the
application
and to 1 other of the
following:
(a) An individual designated by the patient, if the
application was executed under section 415(a).
(b) An individual designated by the guardian, if the
application was executed under section 415(b).
Sec. 419. (1) Except as is provided in section 420, a formal
voluntary patient 18 years of age or over shall not be hospitalized
more than 3 days, excluding Sundays and holidays, after the patient
gives written notice of an intention to terminate his or her
hospitalization and leave the hospital, unless the application for
hospitalization was executed under section 415(b). If the
application was executed under section 415(b), only the guardian
may give written notice of termination.
(2) When the hospital is told of an intention to terminate
hospitalization under subsection (1), it shall promptly supply the
written form which is required.
