Bill Text: MI SB1117 | 2025-2026 | 103rd Legislature | Introduced

Michigan Senate Bill 1117

Introduced

Bill Title: Mental health: other; authority over surveillance for state psychiatric hospitals; grant to the office of recipient rights. Amends secs. 100d, 724 & 754 of 1974 PA 258 (MCL 330.1100d et seq.).

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced) 2026-07-15 - Referred To Committee On Housing And Human Services [SB1117 Detail]

Download: Michigan-2025-SB1117-Introduced.html

SENATE BILL NO. 1117

July 15, 2026, Introduced by Senator WEBBER and referred to Committee on Housing and Human Services. - Title: Intro, sponsors, and referral

A bill to amend 1974 PA 258, entitled

"Mental health code,"

by amending sections 100d, 724, and 754 (MCL 330.1100d, 330.1724, and 330.1754), section 100d as amended by 2022 PA 214, section 724 as amended by 2012 PA 508, and section 754 as amended by 2006 PA 604.

the people of the state of michigan enact:

Sec. 100d. (1) "Security transport officer" means an officer employed by a private security company under contract with a county under section 170.

(2) "Service" means a mental health service or a substance use disorder service.

(3) "Serious emotional disturbance" means a diagnosable mental, behavioral, or emotional disorder affecting a minor that exists or has existed during the past year for a period of time sufficient to meet diagnostic criteria specified in the most recent Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association and approved by the department and that has resulted in functional impairment that substantially interferes with or limits the minor's role or functioning in family, school, or community activities. The following disorders are included only if they the disorders occur in conjunction with another diagnosable serious emotional disturbance:

(a) A substance use disorder.

(b) A developmental disorder.

(4) "Serious mental illness" means a diagnosable mental, behavioral, or emotional disorder affecting an adult that exists or has existed within the past year for a period of time sufficient to meet diagnostic criteria specified in the most recent Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association and approved by the department and that has resulted in functional impairment that substantially interferes with or limits 1 or more major life activities. Serious mental illness includes dementia with delusions, dementia with depressed mood, and dementia with behavioral disturbance. Serious mental illness does not include any other dementia unless the dementia occurs in conjunction with another diagnosable serious mental illness. The following disorders also are included only if they the disorders occur in conjunction with another diagnosable serious mental illness:

(a) A substance use disorder.

(b) A developmental disorder.

(5) "Special compensation" means payment to an adult foster care facility to ensure the provision of a specialized program in addition to the basic payment for adult foster care. Special compensation does not include payment received directly from the Medicaid program for personal care services for a resident, or payment received under the supplemental security income. program.

(6) "Specialized program" means a program of services, supports, or treatment that are provided in an adult foster care facility to meet the unique programmatic needs of individuals with serious mental illness or developmental disability as set forth in the resident's individual plan of services and for which the adult foster care facility receives special compensation.

(7) "Specialized residential service" means a combination of residential care and mental health services that are expressly designed to provide rehabilitation and therapy to a recipient, that are provided in the recipient's residence, and that are part of a comprehensive individual plan of services.

(8) "State administered funds" means revenues appropriated by the legislature exclusively for the purposes provided for in regard to substance use disorder services and prevention.

(9) "State facility" means a center or a hospital operated by the department.

(10) "State psychiatric hospital" means a psychiatric hospital operated by the department.

(11) (10) "State recipient rights advisory committee" means a committee appointed by the director under section 756 to advise the director and the director of the department's state office of recipient rights.

(12) (11) "Substance abuse" means the taking of alcohol or other drugs at dosages that place an individual's social, economic, psychological, and physical welfare in potential hazard or to the extent that an individual loses the power of self-control as a result of the use of alcohol or drugs, or while habitually under the influence of alcohol or drugs, endangers public health, morals, safety, or welfare. , or a combination thereof.

(13) (12) "Substance use disorder" means a chronic disorder in which the repeated use of alcohol, drugs, or both, results in significant and adverse consequences. Substance use disorder includes substance abuse.

(14) (13) "Substance use disorder prevention services" means services that are intended to reduce the consequences of substance use disorders in communities by preventing or delaying the onset of substance abuse and that are intended to reduce the progression of substance use disorders in individuals. Substance use disorder prevention is an ordered set of steps that promotes individual, family, and community health, prevents mental and behavioral disorders, supports resilience and recovery, and reinforces treatment principles to prevent relapse.

(15) (14) "Substance use disorder treatment and rehabilitation services" means providing identifiable recovery-oriented services including the following:

(a) Early intervention and crisis intervention counseling services for individuals who are current or former individuals with substance use disorder.

(b) Referral services for individuals with substance use disorder, their the individuals' families, and the general public.

(c) Planned treatment services, including chemotherapy, counseling, or rehabilitation for individuals physiologically or psychologically dependent upon on or abusing alcohol or drugs.

(16) (15) "Supplemental security income" means the program authorized under title XVI of the social security act, 42 USC 1381 to 1383f.

(17) (16) "Telemedicine" means the use of an electronic media to link patients with health care professionals in different locations. To be considered telemedicine under this section, the health care professional must shall be able to examine the patient via a health insurance portability and accountability act of 1996, Public Law 104-191 compliant, secure interactive audio or video, or both, telecommunications system, or through the use of store and forward online messaging.

(18) (17) "Transfer facility" means a facility selected by the department-designated community mental health entity, which facility is physically located in a jail or lockup and is staffed by at least 1 designated representative when in use according to chapter 2A.

(19) (18) "Transition services" means a coordinated set of activities for a special education student designed within an outcome-oriented process that promotes movement from school to postschool activities, including postsecondary education, vocational training, integrated employment including supported employment, continuing and adult education, adult services, independent living, or community participation.

(20) (19) "Treatment" means care, diagnostic, and therapeutic services, including the administration of drugs, and any other service for treatment of an individual's serious mental illness, serious emotional disturbance, or substance use disorder.

(21) (20) "Urgent situation" means a situation in which an individual is determined to be at risk of experiencing an emergency situation in the near future if he or she the individual does not receive care, treatment, or support services.

(22) (21) "Wraparound services" means an individually designed set of services provided to minors with serious emotional disturbance or serious mental illness and their the minors' families that includes treatment services and personal support services or any other supports necessary to foster education preparedness, employability, and preservation of the child in the family home. Wraparound services are to be developed through an interagency collaborative approach and a minor's parent or guardian and a minor age 14 or older are to participate in planning the services.

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 in 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 in order 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.

(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 they if the fingerprints, photographs, or audiorecordings 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.

(8) This section does not apply to recipients of mental health services referred under chapter 10.

(9) Video Except as provided in subsection (12), video surveillance may be conducted in a psychiatric hospital for purposes of safety, security, and quality improvement.

(10) Video surveillance at a psychiatric hospital may only be conducted only in common areas such as hallways, nursing station areas, and social activity areas within the psychiatric unit. Video surveillance recordings taken in common areas shall must not be used for treatment or therapeutic purposes.

(11) Before implementation of video surveillance in a psychiatric hospital, the psychiatric hospital 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 state 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 the United States department of health and human services centers for medicaid and medicare services. Department of Health and Human Services Centers for Medicare and Medicaid Services. In that case, archived footage of video surveillance recordings may be retained for the duration of the investigation.

(g) Recorded video surveillance images shall must not be maintained as part of a recipient's clinical record.

(12) A state psychiatric hospital shall conduct video surveillance that includes audiorecording.

(13) A state psychiatric hospital shall maintain and ensure the functioning of the state psychiatric hospital's video surveillance and audiorecording. If a state psychiatric hospital's video surveillance or audiorecording goes offline or malfunctions, the state psychiatric hospital shall immediately notify and provide periodic updates to all of the following persons until the video surveillance or audiorecording is back online or functioning:

(a) The director of the state psychiatric hospital.

(b) All recipient rights officers at the state psychiatric hospital.

(d) All members of the state recipient rights advisory committee.

(14) As used in subsection (13), "immediately" means not later than 24 hours.

Sec. 754. (1) The department shall establish a state office of recipient rights subordinate only to the director.

(2) The department shall ensure all of the following:

(a) The process for funding the state office of recipient rights includes a review of the funding by the state recipient rights advisory committee.

(b) The state office of recipient rights will must be protected from pressures that could interfere with the impartial, even-handed, and thorough performance of its the state office of recipient rights' duties.

(i) All programs and services operated by or under contract with the department except where unless other recipient rights systems authorized by this act exist.

(ii) All staff employed by or under contract with the department.

(iii) All evidence necessary to conduct a thorough investigation or to fulfill its the state office of recipient rights' monitoring function.

(d) Staff of the state office of recipient rights receive training each year in recipient rights protection.

(e) Each contract between the department and a provider requires both of the following:

(i) That the provider and his or her the provider's employees receive annual training in recipient rights protection.

(ii) That recipients will be are protected from rights violations while they the recipients are receiving services under the contract.

(f) Technical assistance and training in recipient rights protection are available to all community mental health services programs and other mental health service providers subject to this act.

(3) The department shall endeavor to ensure all of the following:

(a) The state office of recipient rights has sufficient staff and other resources necessary to perform the duties described in this section.

(b) Complainants, staff of the state office of recipient rights, and any staff acting on behalf of a recipient will be are protected from harassment or retaliation resulting from recipient rights activities.

(c) Appropriate remedial action is taken to resolve violations of rights and notify the complainants of substantiated violations in a manner that does not violate employee rights.

(4) After consulting with the state recipient rights advisory committee, the department director shall select a director of the state office of recipient rights who has the education, training, and experience to fulfill the responsibilities of the office of director of the state office of recipient rights. The department director shall not replace or dismiss the director of the state office of recipient rights without first consulting the state recipient rights advisory committee. The director of the state office of recipient rights shall have no direct service responsibility. The director of the state office of recipient rights shall report directly and solely to the department director. The department director shall not delegate his or her the director's responsibility under this subsection.

(5) The state office of recipient rights may do all of the following:

(a) Investigate apparent or suspected violations of the rights guaranteed by this chapter.

(b) Resolve disputes relating to violations.

(d) Apply for and receive grants, gifts, and bequests to effectuate any purpose of this chapter.

(6) The state office of recipient rights shall do all of the following:

(a) Ensure that recipients, parents of minor recipients, and guardians or other legal representatives have access to summaries of the rights guaranteed by this chapter and chapter 7a and are notified of those rights in an understandable manner, both at the time services are requested and periodically during the time services are provided to the recipient.

(b) Ensure that the telephone number and address of the state office of recipient rights and the names of rights officers are conspicuously posted in all service sites.

(c) Maintain a record system for all reports of apparent or suspected rights violations received, including a mechanism for logging in all complaints and a mechanism for secure storage of all investigative documents and evidence.

(d) Initiate actions that are appropriate and necessary to safeguard and protect rights guaranteed by this chapter to recipients of services provided directly by the department or by its the department's contract providers other than community mental health services programs.

(e) Receive reports of apparent or suspected violations of rights guaranteed by this chapter. The state office of recipient rights shall refer reports of apparent or suspected rights violations to the recipient rights office of the appropriate provider to be addressed by the provider's internal rights protection mechanisms. The state office of recipient rights shall intervene as necessary to act on behalf of recipients in situations in which the director of the department considers the rights protection system of the provider to be out of compliance with this act and rules promulgated under this act.

(f) Upon On request, advise recipients of the process by which a rights complaint or appeal may be made and assist recipients in preparing written rights complaints and appeals.

(g) Advise recipients that there are advocacy organizations available to assist recipients in preparing written rights complaints and appeals and offer to refer recipients to those organizations.

(h) Upon On receipt of a complaint, advise the complainant of the complaint process, appeal process, and mediation option.

(i) Ensure that each service site operated by the department or by a provider under contract with the department, other than a community mental health services program, is visited by recipient rights staff with the frequency necessary for protection of rights but in no case less than annually.

(j) Ensure that all individuals employed by the department receive department-approved training related to recipient rights protection before or within not later than 30 days after being employed.employment begins.

(k) Ensure that all reports of apparent or suspected violations of rights within state facilities or programs operated by providers under contract with the department other than community mental health services programs are investigated in accordance with section 778 and that those reports that do not warrant investigation are recorded in accordance with subdivision (c).

(l) Review semiannual statistical rights data submitted by community mental health services programs and licensed hospitals to determine trends and patterns in the protection of recipient rights in the public mental health system and provide a summary of the data to community mental health services programs and to the director. of the department.

(m) Serve as consultant to the director in matters related to recipient rights.

(n) At least Not less than quarterly, provide summary complaint data consistent with the annual report required in subdivision (o), together with a summary of remedial action taken on substantiated complaints, to the department and the state recipient rights advisory committee.

(o) Submit to the department director and to the committees and subcommittees of the legislature with legislative oversight of mental health matters, for availability to the public, an annual report on the current status of recipient rights for the in this state. The report shall must be submitted not later than March 31 of each year for the preceding fiscal year. The annual report shall must include, at a minimum, all of the following:

(i) Summary data by type or category regarding the rights of recipients receiving services from the department including the number of complaints received by each state facility and other state-operated placement agency, the number of reports filed, and the number of reports investigated.

(ii) The number of substantiated rights violations by category and by state facility.

(iii) The remedial actions taken on substantiated rights violations by category and by state facility.

(iv) Training received by staff of the state office of recipient rights.

(v) Training provided by the state office of recipient rights to staff of contract providers.

(vi) Outcomes of assessments of the recipient rights system of each community mental health services program.

(vii) Identification of patterns and trends in rights protection in the public mental health system in this state.

(viii) Review of budgetary issues including staffing and financial resources.

(ix) Summary of the results of any consumer satisfaction surveys conducted.

(x) Recommendations to the department.

(p) Provide education and training to its the recipient rights advisory committee and its the recipient rights appeals committee.

(q) Ensure that a state psychiatric hospital's video surveillance and audiorecording under section 724 are functional and available to support a rights complaint investigation. As used in this subdivision, "functional" means all of the following:

(i) The video surveillance is of sufficient quality to identify an individual and depict an interaction between individuals.

(ii) The audiorecording is of sufficient quality to identify an individual and document a conversation between individuals.

(iii) The video surveillance and audiorecording have retention capabilities.