HOUSE BILL No. 4282


     February 20, 2001, Introduced by Reps. Garza, Kolb, Lipsey, Daniels, Hale, Jacobs, Thomas, Clark, Clarke, Rison, Wojno and
Lemmons and referred to the Committee on Health Policy.


        A bill to amend 1974 PA 258, entitled

   "Mental health code,"

   (MCL 330.1001 to 330.2106) by adding section 717a.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           SEC. 717A.  A RECIPIENT SHALL NOT BE THE SUBJECT OF EXPERI-

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      MENTAL TREATMENT UNLESS CONSENT IS OBTAINED FROM 1 OF THE

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      FOLLOWING:

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           (A) THE RECIPIENT, IF THE RECIPIENT IS 18 YEARS OF AGE OR

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      OLDER AND DOES NOT HAVE A GUARDIAN FOR MEDICAL PURPOSES.

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           (B) THE RECIPIENT'S PARENT WHO HAS LEGAL AND PHYSICAL CUS-

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      TODY OF THE RECIPIENT, IF THE RECIPIENT IS LESS THAN 18 YEARS OF

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      AGE.

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           (C) THE RECIPIENT'S GUARDIAN, IF THE GUARDIAN HAS POWER TO

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      EXECUTE A CONSENT FOR MEDICAL TREATMENT.




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           (D) THE RECIPIENT'S DESIGNATED REPRESENTATIVE, IF A DURABLE

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      POWER OF ATTORNEY OR OTHER ADVANCE DIRECTIVE GRANTS THE

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      REPRESENTATIVE AUTHORITY TO CONSENT TO MEDICAL TREATMENT.


















































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