Bill Text: MI SB0928 | 2025-2026 | 103rd Legislature | Introduced
Bill Title: Health: licensing; behavioral health transportation licensing requirements; provide for. Amends 1974 PA 258 (MCL 330.1001 - 330.2106) by adding ch. 9B. TIE BAR WITH: SB 0927'26
Sponsorship: Slight Partisan Bill (Republican 3-1)
Status: (Introduced) 2026-04-23 - Referred To Committee On Health Policy [SB0928 Detail]
Download: Michigan-2025-SB0928-Introduced.html
SENATE BILL NO. 928
A bill to amend 1974 PA 258, entitled
"Mental health code,"
(MCL 330.1001 to 330.2106) by adding chapter 9B.
the people of the state of michigan enact:
CHAPTER 9B
BEHAVIORAL HEALTH TRANSPORT
Sec. 981. As used in this chapter:
(a) "Attendant" means an individual driving a behavioral health transport vehicle or another trained individual providing support in the behavioral health transport vehicle during a behavioral health transport as described in section 998(2).
(b) "Behavioral health transport" means an emergency transportation service that is provided to an individual experiencing a mental health crisis.
(c) "Behavioral health transport agency" means the owner or operator of a behavioral health transport.
(d) "Behavioral health transport vehicle" or "BHTV" means a motor vehicle that is designed, equipped, and staffed to transport an individual experiencing a mental health crisis.
(e) "Eligible individual" means an individual who meets all of the following requirements:
(i) Is experiencing an acute mental or behavioral health crisis.
(ii) Needs secure behavioral health transport to a facility that is equipped to evaluate and treat the individual's needs.
(iii) Is medically stable.
(iv) Can physically get into and out of a motor vehicle.
(v) Does not need any of the following during transport:
(A) Medical intervention.
(B) Active or ongoing medical monitoring.
(C) Physical restraints.
(D) Chemical restraints.
(f) "Medical control authority" means that term as defined in section 20906 of the public health code, 1978 PA 368, MCL 333.20906.
Sec. 983. (1) Behavioral health transport must be used for 1 or more of the following purposes:
(a) Interfacility transport of an eligible individual requiring a different level of care. This includes, but is not limited to, transportation to or from a hospital, mental health facility, crisis stabilization unit, or other medical facility.
(b) Transport of an eligible individual for either voluntary or involuntary admission to a psychiatric hospital.
(c) Transport of an eligible individual for a mental health evaluation or the treatment of the eligible individual's mental health needs.
(2) A behavioral health transport vehicle must transport an eligible individual to the closest facility that can immediately meet the eligible individual's mental health needs.
(3) A behavioral health transport vehicle may travel long distances, including, but not limited to, out of state when it is medically necessary for the eligible individual being transported.
Sec. 985. (1) An eligible individual may use behavioral health transport only if all of the following requirements are met:
(a) The individual is experiencing a mental health crisis.
(b) The individual needs urgent transportation to a facility for treatment of the individual's mental health needs.
(c) The individual is medically stable for transport.
(d) The individual is physically able to enter and exit a motor vehicle.
(2) In addition to the requirements of subsection (1), a behavioral health transport agency may require any of the following for behavioral health transport:
(a) That the individual is made aware of the transport.
(b) That the individual is wearing clothing without pockets or string.
(c) That a facility staff member or security officer accompanies the individual to the behavioral health transport vehicle before transport to mitigate elopement.
(3) If an individual requires any of the following interventions, an ambulance must be used to transport the individual rather than a behavioral health transport vehicle:
(a) Medical intervention.
(b) Active or ongoing medical monitoring.
(c) Physical restraints.
Sec. 987. (1) A behavioral health transport agency shall do all of the following:
(a) Have a minimum of 1 behavioral health transport vehicle available for emergency response.
(b) Respond to every request originating in the behavioral health transport agency's service area during the behavioral health transport agency's normal hours of operation.
(c) Operate under the direction of a medical control authority. If a behavioral health transport agency operates in more than 1 medical control authority, approval from the medical director of each medical control authority may be required.
(d) Ensure the confidentiality of medical records and other information such as the health, social, domestic, and financial circumstances learned or obtained while providing behavioral health transport.
(e) Comply with all laws regarding the reporting of suspected abuse, neglect, or exploitation, as applicable.
(f) Create and maintain accurate and detailed logs of behavioral health transports, including, but not limited to, professional incident reports.
(g) Provide an annual report to the legislature of this state. The annual report must include, but is not limited to, all of the following:
(i) The number of individuals who used behavioral health transport.
(ii) The number of police interventions that occurred during behavioral health transport.
(iii) The number of investigations filed regarding alleged violations.
(iv) The number of licenses revoked under this chapter.
(h) Maintain policies and procedures that follow national best practice guidelines if available, and address, at a minimum, all of the following:
(i) Procedures to assess whether an eligible individual requires a higher level of transport than what a behavioral health transport provides.
(ii) Procedures to follow when, during a behavioral health transport, an eligible individual needs medical attention or a higher level of transport than what a behavioral health transport provides.
(iii) Procedures that are used to confirm the receiving facility's acceptance of the eligible individual before initiation of a behavioral health transport.
(iv) Criteria that are used for pickup and drop-off, including the circumstances that determine the eligibility of an individual requiring behavioral health transport under this section.
(v) The level of support and protection needed for the safety of the eligible individual and staff.
(vi) Compliance with vehicle safety standards and procedures under section 993.
(vii) Proper evacuation of a behavioral health transport vehicle during an emergency if the windows or exits of the behavioral health transport vehicle are blocked or inaccessible.
(viii) Prevention and control of infection, including the cleaning and disinfection of a behavioral health transport vehicle after each behavioral health transport.
(ix) The level of support or involvement of an eligible individual's parent or guardian.
(x) Meeting an eligible individual's needs on extended transport, including, but not limited to, meals, water, and bathroom breaks.
(xi) Documentation of all steps in the behavioral health transport process from initial pickup request to drop-off, including, but not limited to, documenting all stops made.
(xii) Procedures for identifying, reporting, reviewing, and investigating all allegations of abuse, mistreatment, neglect, and exploitation.
(xiii) Procedures for timely communication of all investigation results to an eligible individual.
(xiv) Procedures for timely and appropriate disciplinary action, including termination of staff and appropriate legal recourse against any staff member who has engaged in abuse, mistreatment, neglect, or exploitation of an eligible individual.
(xv) Procedures that must be followed by a staff member when documenting the staff member's decision to do either of the following:
(A) Withhold any basic comfort items, including an eligible individual's personal mobile telephone.
(B) Prohibit an eligible individual from wearing the eligible individual's clothes.
(i) Have a written policy that outlines the rights of an eligible individual that, at a minimum, include all of the following:
(i) The right of the eligible individual to be treated with consideration, respect, and full recognition of human dignity and individuality.
(ii) The right of the eligible individual's property to be treated with respect.
(iii) The right of the eligible individual to have access to basic comfort items and the eligible individual's personal mobile telephone, provided the staff member establishes and documents that those items do not pose a danger to the eligible individual or staff member.
(iv) The right of the eligible individual to wear the eligible individual's own clothes if the clothes do not pose a danger to the eligible individual or staff member.
(v) The right of the eligible individual to be free from discrimination in the provision of services.
(vi) The right of the eligible individual to be free from neglect, financial exploitation, or verbal, physical, or psychological abuse, including humiliation, intimidation, or punishment.
(vii) For an eligible individual who requests voluntary transport, the right of the eligible individual to discontinue behavioral health transport.
(viii) The right of the eligible individual to receive disclosure about any video or audio recording that occurs during the delivery of service in accordance with applicable privacy laws.
(ix) The right of the eligible individual to have personally identifying health information protected from unnecessary disclosure.
(x) The right of the eligible individual or the eligible individual's representative to file a complaint against the behavioral health transport agency with the department concerning services or care that is or is not furnished and receive documentation of the existence of the investigation and resolution of the complaint, including providing the complainant with the results of the investigation and the behavioral health transport agency's plan to resolve any identified issues.
(xi) The right of the eligible individual to file a complaint with the secure behavioral health transport agency without fear of discrimination or retaliation by the behavioral health transport agency's owner, manager, or administrator, or a staff member.
(j) Provide the written policy described under subdivision (i) to an eligible individual at the initiation of a behavioral health transport.
(2) A behavioral health transport agency shall not do any of the following:
(a) Knowingly provide false or misleading information about the time at which an emergency response will be initiated or the location from which the emergency response is being initiated.
(b) Permit advertising of, in or on the premises of a behavioral health transport vehicle, the name or services of an attorney, accident investigator, nurse, physician, long-term care facility, mortuary, or hospital.
(c) Advertise or disseminate information for the purpose of obtaining contracts under a name other than the name of the behavioral health transport agency holding a behavioral health transport license.
(d) Operate a behavioral health transport vehicle unless the behavioral health transport vehicle is staffed in accordance with section 997.
(e) Allow the use of a physical restraint during behavioral health transport.
(f) Allow the use of a chemical restraint during behavioral health transport.
(3) A behavioral health transport agency that does not provide transport 24 hours a day shall provide after-hours contact information for back-up behavioral health transport providers that include, but are not limited to, behavioral health transport agencies or emergency medical services in the behavioral health transport agency's service area.
Sec. 989. (1) Subject to subsection (13), a person shall not establish or operate a behavioral health transport in this state unless the person is licensed under this section.
(2) On proper application and payment of a $100.00 application fee and a $25.00 fee per behavioral health transport vehicle, the department shall grant a behavioral health transport license to a person that meets the requirements of this chapter and the rules promulgated under this chapter. A license is valid for 2 years.
(3) An application for a behavioral health transport license must include all of the following:
(a) Completed application form.
(b) Written policy and procedure manual, operational manual, and, if applicable, medical protocols and training procedures.
(c) Certificate of insurance for each behavioral health transport vehicle in the amount and coverage required by the department.
(d) Proof that each behavioral health transport vehicle received an annual motor vehicle inspection in compliance with the public health code, administrative rules, and protocols.
(4) Submission of an application for a behavioral health transport license serves as an attestation that the applicant is in compliance with this chapter.
(5) The department shall adopt and periodically review requirements for a behavioral health transport license.
(6) If the application for a behavioral health transport license is complete, the department shall review the application and schedule a site visit with an EMS regional coordinator not later than 15 days after receipt of the completed application.
(7) If an application for a behavioral health transport license is incomplete, the department shall notify the applicant not later than 15 days after receipt of the application that the department requires additional information.
(8) A behavioral health transport license is not transferable. A new owner of a behavioral health transport agency shall obtain a new license before operating the behavioral health transport agency.
(9) A behavioral health transport license must be renewed every 2 years on application to the department and payment of a $100.00 renewal fee and a $25.00 fee per behavioral health transport vehicle not less than 30 days before a license's expiration. Before issuing a renewal license, the department shall determine that the licensee complies with this chapter and the rules promulgated under this chapter. A renewal application must be accompanied by proof that each behavioral health transport vehicle received an annual motor vehicle inspection in compliance with the public health code, administrative rules, and protocols.
(10) If an application for a behavioral health transport license renewal is submitted less than 60 days after the license has expired, the licensee shall pay a $300.00 late fee in addition to the renewal fee.
(11) If the application for a behavioral health transport license renewal is submitted more than 60 days after the license has expired, the licensee shall pay a $400.00 late fee in addition to the renewal fee. The department shall also require the licensee to complete the requirements of initial licensure.
(12) A person may provide behavioral health transport without a license only if the person is 1 of the following:
(a) An ambulance operation licensed under section 20920 of the public health code, 1978 PA 368, MCL 333.20920.
(b) A law enforcement agency as that term is defined under section 2 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.602.
(13) If an event occurs that would alter the information contained on an application for a behavioral health transport license, the applicant or licensee shall notify the department not more than 30 days after the event occurs.
Sec. 991. (1) A person may file a complaint with the department regarding an alleged violation of this chapter or of a rule promulgated under this chapter. On receipt of a complaint regarding an alleged violation, the department shall do all of the following:
(a) Investigate the alleged violation underlying the complaint.
(b) Provide documentation about the investigation of the alleged violation underlying the complaint to the complainant and the subject of the complaint.
(c) Provide documentation about the resolution of the alleged violation underlying the complaint to the complainant and the subject of the complaint, including, but not limited to, the subject of the complaint's plan for resolution.
(2) The department may suspend, revoke, or fail to renew a behavioral health transport license for a violation of this chapter or a rule promulgated under this chapter after opportunity for a hearing. A hearing and appeal in a contested case must be conducted by the director under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
Sec. 993. (1) A behavioral health transport vehicle shall comply with the following motor vehicle safety standards:
(a) The version of 49 CFR 567.4(a), 567.5, and 567.7 applicable on the date of the motor vehicle's manufacture.
(b) Routine maintenance and periodic checks in accordance with the motor vehicle's manufacturer recommendations.
(c) Properly secured equipment and supplies in accordance with motor vehicle's manufacturer recommendations.
(2) Once approved for use as a behavioral health transport vehicle, a motor vehicle is not required to meet subsequently modified state motor vehicle standards during its use unless it is sold to another behavioral health transport agency.
(3) A behavioral health transport vehicle must be 1 of the following:
(a) Sport utility vehicle.
(b) Sedan.
(c) Limousine.
(d) Passenger van.
(4) A behavioral health transport vehicle must have all of the following features:
(a) Four doors.
(b) Triple-pane windows in the passenger compartment.
(c) Secure and comfortable seating.
(d) If video monitoring of an individual is used by an attendant of a behavioral health transport vehicle, real-time remote visibility by a supervisor, and digital recording of the individual during transport.
(e) Ligature risk reduction measures.
(f) Restricted access to door handles and window controls in the passenger compartment.
(g) Global positioning system tracking.
(h) Occupant protection, including seat belts, airbags, supplemental inflatable restraints, and, as applicable, child safety seats.
(i) Cabin temperature control and a ventilation system.
(j) No foreign items or instruments in the passenger compartment that may be used to inflict harm.
(k) Mirror for monitoring the individual or some other mechanism for visual observation of the individual.
(l) Installation of a safety partition separating the attendant from the individual. The partition may be plastic, a metal mesh cage, or other type of barrier that allows the driver to observe the individual but does not allow physical contact.
(m) For a behavioral health transport vehicle with a cargo area, a safety partition must also be installed that separates the passenger compartment from the cargo area.
(n) Exterior markings for sending and receiving facilities to identify the behavioral health transport vehicle.
(5) Patient care equipment and safety equipment carried on a behavioral health transport vehicle must meet the minimum requirements prescribed by the department and the protocols of the local medical control authority. A behavioral health transport vehicle must have all of the following equipment onboard:
(a) First aid kit.
(b) Fire extinguisher.
(c) Biohazard bag.
(d) Personal protective equipment for each occupant according to public health recommendations.
(e) Map of the behavioral health transport agency's service area.
Sec. 995. A person shall not use the term "behavioral health transport" or a similar term to refer to the person or advertise or disseminate information leading the public to believe that the person provides a behavioral health transport unless the person is licensed by the department under this chapter.
Sec. 997. (1) A behavioral health transport agency shall employ only an individual who meets all of the following requirements:
(a) Is not less than 18 years of age.
(b) Possesses a high school diploma or equivalent.
(c) Passes a background check.
(d) Has a valid and unrestricted driver license in this state.
(e) Has a commercial driver license under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.
(2) A behavioral health transport agency shall train its staff on, at a minimum, all of the following topics:
(a) Mental health first aid.
(b) Basic first aid and CPR.
(c) Cultural competencies, including, but not limited to, supporting individuals with physical or cognitive disabilities and language accessibility needs, including, but not limited to, accessing interpretive services.
(d) In-person or online verbal de-escalation tactics that prioritize individual and staff safety.
(e) Principles of trauma-informed care.
(f) Internal policies and procedures, including, but not limited to, the behavioral health transport agency's disciplinary policy.
(g) Individual rights.
(h) Privacy laws, including, but not limited to, 42 CFR part 2.
(3) All staff must receive the training described in subsection (2) before providing behavioral health transport and annually after or as recommended by the department.
(4) A behavioral health transport agency shall document each staff member's compliance with this section and make the documentation available to the department on request.
Sec. 998. (1) A behavioral health transport vehicle shall transport only 1 individual at a time. During transport, only the individual being transported is allowed in a passenger compartment of a behavioral health transport vehicle.
(2) One attendant may be used for all behavioral health transport, except in both of the following situations where 2 attendants must be present:
(a) For transport of an individual under 18 years of age.
(b) For transport of 300 miles or greater.
Sec. 999. The department shall promulgate rules to implement this chapter under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 927 of the 103rd Legislature is enacted into law.
