March 30, 2006, Introduced by Reps. Williams, Tobocman, Accavitti, Meisner, Leland, Kolb, Anderson, Mortimer, Sheltrown, Alma Smith, Vagnozzi, Donigan, Plakas, Farrah, Cushingberry, Gleason and Zelenko and referred to the Committee on Health Policy.
A bill to amend 1974 PA 258, entitled
"Mental health code,"
by amending sections 401 and 433 (MCL 330.1401 and 330.1433),
section 401 as amended by 2004 PA 496 and section 433 as added by
2004 PA 497.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 401. (1) As used in this chapter, "person requiring
treatment"
means (a), (b), (c), or (d) either of the following:
(a)
An individual who has mental illness
, and who
as a
result
of that mental illness can reasonably be expected within
the
near future to intentionally or unintentionally seriously
physically
injure himself, herself, or another individual, and who
has
engaged in an act or acts or made significant threats that are
substantially
supportive of the expectation.
represents a danger to
self or others, or an individual who has mental illness and without
treatment of the mental illness can reasonably be expected, based
on competent clinical opinion, to represent a threat to self or
others in the near future because of inability to understand the
need for treatment or attend to basic physical needs such as food,
clothing, or shelter.
(b)
An individual who has mental illness, and who as a result
of
that mental illness is unable to attend to those of his or her
basic
physical needs such as food, clothing, or shelter that must
be
attended to in order for the individual to avoid serious harm in
the
near future, and who has demonstrated that inability by failing
to
attend to those basic physical needs.
(c)
An individual who has mental illness, whose judgment is so
impaired
that he or she is unable to understand his or her need for
treatment
and whose continued behavior as the result of this mental
illness
can reasonably be expected, on the basis of competent
clinical
opinion, to result in significant physical harm to
himself,
herself, or others. This individual shall receive
involuntary
mental health treatment initially only under the
provisions
of sections 434 through 438.
(b) (d)
An individual who has mental illness, whose
understanding of the need for treatment is impaired to the point
that he or she is unlikely to participate in treatment voluntarily,
who is currently noncompliant with treatment that has been
recommended
by a mental health , professional
and that has been
determined to be necessary to prevent a relapse or harmful
deterioration of his or her condition and whose noncompliance with
treatment has been a factor in the individual's placement in a
psychiatric hospital, prison, or jail at least 2 times within the
last 48 months or whose noncompliance with treatment has been a
factor in the individual's committing 1 or more acts, attempts, or
threats of serious violent behavior within the last 48 months. An
individual under this subdivision is only eligible to receive
assisted outpatient treatment under section 433 or 469a.
(2) An individual whose mental processes have been weakened or
impaired by a dementia, an individual with a primary diagnosis of
epilepsy, or an individual with alcoholism or other drug dependence
is not a person requiring treatment under this chapter unless the
individual also meets the criteria specified in subsection (1). An
individual described in this subsection may be hospitalized under
the informal or formal voluntary hospitalization provisions of this
chapter if he or she is considered clinically suitable for
hospitalization by the hospital director.
Sec. 433. (1) Any individual 18 years of age or over may file
a petition with the court that asserts that an individual meets the
criteria for assisted outpatient treatment specified in section
401(d)
401(b). The petition shall contain the facts that are the
basis for the assertion, the names and addresses, if known, of any
witnesses to the facts, the name and address of the mental health
professional currently providing care to the individual who is the
subject of the petition, if known, and the name and address of the
nearest relative or guardian, if known, or, if none, a friend, if
known, of the individual who is the subject of the petition.
(2) Upon receipt of a petition, the court shall inform the
subject of the petition and the community mental health services
program serving the community in which the subject of the petition
resides that the court shall hold a hearing to determine whether
the subject of the petition meets the criteria for assisted
outpatient treatment. Notice shall be provided as set forth in
section 453. The hearing shall be governed by sections 454 and 458
to 465.
(3) If in the hearing, the court verifies that the subject of
the petition meets the criteria for assisted outpatient treatment
and he or she is not scheduled to begin a course of outpatient
mental health treatment that includes case management services or
assertive community treatment team services, the court shall order
the subject of the petition to receive assisted outpatient
treatment through his or her local community mental health services
program. The order shall include case management services. The
order may include 1 or more of the following:
(a) Medication.
(b) Blood or urinalysis tests to determine compliance with or
effectiveness of prescribed medications.
(c) Individual or group therapy.
(d) Day or partial day programs.
(e) Educational and vocational training.
(f) Supervised living.
(g) Assertive community treatment team services.
(h) Alcohol or substance abuse treatment, or both.
(i) Alcohol or substance abuse testing, or both, for
individuals with a history of alcohol or substance abuse and for
whom that testing is necessary to prevent a deterioration of their
condition. A court order for alcohol or substance abuse testing
shall be subject to review every 6 months.
(j) Any other services prescribed to treat the individual's
mental illness and to either assist the individual in living and
functioning in the community or to help prevent a relapse or
deterioration that may reasonably be predicted to result in suicide
or the need for hospitalization.
(4) To fulfill the requirements of an assisted outpatient
treatment plan, the court's order may specify the service role that
a publicly-funded entity other than the community mental health
services program shall take.
(5) In developing an order under this section, the court shall
consider any preferences and medication experiences reported by the
subject of the petition or his or her designated representative,
whether or not the subject of the petition has an existing
individual plan of services under section 712, and any directions
included in a durable power of attorney or advance directive that
exists. If the subject of the petition has not previously
designated a patient advocate or executed an advance directive, the
responsible community mental health services program shall, before
the expiration of the assisted outpatient treatment order,
ascertain whether the subject of the petition desires to establish
an advance directive. If so, the community mental health services
program shall direct the subject of the petition to the appropriate
community resources for assistance in developing an advance
directive.
(6) If an assisted outpatient treatment order conflicts with
the provisions of an existing advance directive, durable power of
attorney, or individual plan of services developed under section
712, the assisted outpatient treatment order shall be reviewed for
possible adjustment by a psychiatrist not previously involved with
developing the assisted outpatient treatment order. If an assisted
outpatient treatment order conflicts with the provisions of an
existing advance directive, durable power of attorney, or
individual plan of services developed under section 712, the court
shall state the court's findings on the record or in writing if the
court takes the matter under advisement, including the reason for
the conflict.
(7) Nothing in this section negates or interferes with an
individual's rights to appeal under any other state law or Michigan
court rule.