HB-5315, As Passed Senate, December 12, 2012

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5315

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1974 PA 258, entitled

 

"Mental health code,"

 

by amending section 724 (MCL 330.1724), as amended by 1995 PA 290.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 724. (1) A recipient of mental health services shall not

 

be fingerprinted, photographed, audiotaped, audiorecorded, or

 

viewed through a 1-way glass except in the circumstances and under

 

the conditions set forth in this section. As used in this section,

 

photographs include still pictures, motion pictures, and videotapes

 

recordings.

 

     (2) Fingerprints, photographs, or audiotapes 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 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.

 

     (c) The parent with legal and physical custody of the

 

recipient if the recipient is less than 18 years of age.

 

     (3) Fingerprints, photographs, or audiotapes audiorecordings

 

taken in order to provide services to a recipient, and any copies

 

of them, shall be kept as part of the record of the recipient.

 

     (4) Fingerprints, photographs, or audiotapes audiorecordings

 

taken in order to determine the name of a recipient shall be kept

 

as part of the record of the recipient, except that when necessary

 

the fingerprints, photographs, or audiotapes audiorecordings may be

 

delivered to others for assistance in determining the name of the

 

recipient. Fingerprints, photographs, or audiotapes audiorecordings

 

so delivered shall be returned together with copies that were made.

 

An individual receiving fingerprints, photographs, or audiotapes

 

audiorecordings shall be informed of the requirement that return be

 

made. Upon return, the fingerprints, photographs, or audiotapes,

 

audiorecordings, together with copies, shall be kept as part of the

 

record of the recipient.

 

     (5) Fingerprints, photographs, or audiotapes audiorecordings

 

in the record of a recipient, and any copies of them, shall be

 

given to the recipient or destroyed when they are no longer

 

essential in order to achieve 1 of the objectives set forth in

 

subsection (2), or upon discharge of the resident, whichever occurs

 


first.

 

     (6) Photographs of a recipient may be taken for purely

 

personal or social purposes and shall be maintained as the

 

recipient's personal property. A photograph of a recipient shall

 

not be taken or used under this subsection if the recipient has

 

indicated his or her objection.

 

     (7) Photographs or audiotapes audiorecordings may be taken and

 

1-way glass may be used for educational or training purposes only

 

when 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.

 

     (c) The parent with legal and physical custody of the

 

recipient if the recipient is less than 18 years of age.

 

     (8) This section does not apply to recipients of mental health

 

services referred under chapter 10.

 

     (9) Video surveillance may be conducted in a psychiatric

 

hospital for purposes of safety, security, and quality improvement.

 

Video surveillance may only be conducted 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 not be used for treatment or therapeutic purposes.

 

Before implementation of video surveillance, 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 that only authorized staff

 

members have access to view recorded surveillance video. The

 

security provisions shall 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 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 office of recipient rights, the

 

licensing division of the bureau of health systems, 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. In that

 

case, archived footage of video surveillance recordings may be

 

retained for the duration of the investigation.

 

     (g) Recorded video surveillance images shall not be maintained

 

as part of a recipient's clinical record.