HB-4486, As Passed House, February 13, 2014

SUBSTITUTE FOR

HOUSE BILL NO. 4486

A bill to amend 1974 PA 258, entitled

"Mental health code,"

by amending the title and sections 100b, 100c, 100d, 260, 276, 277,

278, 279, 281, 282, 283, 286, and 464a (MCL 330.1100b, 330.1100c,

330.1100d, 330.1260, 330.1276, 330.1277, 330.1278, 330.1279,

330.1281, 330.1282, 330.1283, 330.1286, and 330.1464a), the title

as amended by 1995 PA 290, sections 100b, 100c, and 100d as amended

and sections 260, 276, 277, 278, 279, 281, 282, 283, and 286 as

added by 2012 PA 500, and section 464a as added by 1994 PA 339, and

by adding sections 281a, 281b, and 281c.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

TITLE

An act to codify, revise, consolidate, and classify the laws

relating to mental health; to prescribe the powers and duties of

certain state and local agencies and officials and certain private

agencies and individuals; to regulate certain agencies and

facilities providing mental health or substance use disorder

services; to provide for certain charges and fees; to establish

civil admission procedures for individuals with mental illness,

substance use disorder, or developmental disability; to establish

guardianship procedures for individuals with developmental

disability; to establish procedures regarding individuals with

mental illness, substance use disorder, or developmental disability

who are in the criminal justice system; to provide for penalties

and remedies; and to repeal acts and parts of acts.

Sec. 100b. (1) "Facility" means a residential facility for the

care or treatment of individuals with serious mental illness,

serious emotional disturbance, or developmental disability that is

either a state facility or a licensed facility.

(2) "Family" as used in sections 156 to 161 means an eligible

minor and his or her parent or legal guardian.

(3) "Family member" means a parent, stepparent, spouse,

sibling, child, or grandparent of a primary consumer, or an

individual upon whom a primary consumer is dependent for at least

50% of his or her financial support.

(4) "Federal funds" means funds received from the federal

government under a categorical grant or similar program and does

not include federal funds received under a revenue sharing

arrangement.

(5) "Functional impairment" means both of the following:

(a) With regard to serious emotional disturbance, substantial

interference with or limitation of a minor's achievement or

maintenance of 1 or more developmentally appropriate social,

behavioral, cognitive, communicative, or adaptive skills.

(b) With regard to serious mental illness, substantial

interference or limitation of role functioning in 1 or more major

life activities including basic living skills such as eating,

bathing, and dressing; instrumental living skills such as

maintaining a household, managing money, getting around the

community, and taking prescribed medication; and functioning in

social, vocational, and educational contexts.

(6) "Guardian" means a person appointed by the court to

exercise specific powers over an individual who is a minor, legally

incapacitated, or developmentally disabled.

(7) "Hospital" or "psychiatric hospital" means an inpatient

program operated by the department for the treatment of individuals

with serious mental illness or serious emotional disturbance or a

psychiatric hospital or psychiatric unit licensed under section

137.

(8) "Hospital director" means the chief administrative officer

of a hospital or his or her designee.

(9) "Hospitalization" or "hospitalize" means to provide

treatment for an individual as an inpatient in a hospital.

(10) "Incapacitated" means that an individual, as a result of

the use of alcohol or other drugs, is unconscious or has his or her

mental or physical functioning so impaired that he or she either

poses an immediate and substantial danger to his or her own health

and safety or is endangering the health and safety of the public.

(11) "Individual plan of services" or "plan of services" means

a written individual plan of services developed with a recipient as

required by section 712.

(12) "Licensed facility" means a facility licensed by the

department under section 137 or an adult foster care facility.

(13) "Licensed psychologist" means a doctoral level

psychologist licensed under section 18223(1) of the public health

code, 1978 PA 368, MCL 333.18223.

(14) "Medical director" means a psychiatrist appointed under

section 231 to advise the executive director of a community mental

health services program.

(15) "Mental health professional" means an individual who is

trained and experienced in the area of mental illness or

developmental disabilities and who is 1 of the following:

(a) A physician.

(b) A psychologist. ~~licensed to practice in this state under~~

~~article 15 of the public health code, 1978 PA 368, MCL 333.16101 to~~

~~333.18838.~~

authorized to engage in the practice ~~in this state~~ of nursing under

~~article 15~~ part 172 of the public health code, 1978 PA 368, MCL

~~333.16101 to 333.18838.~~333.17201 to 333.17242.

(d) A licensed master's social worker licensed or otherwise

authorized to engage in the practice of social work at the master's

level under ~~article 15~~ part 185 of the public health code, 1978 PA

368, MCL ~~333.16101 to 333.18838.~~333.18501 to 333.18518.

(e) A licensed professional counselor licensed or otherwise

authorized to engage in the practice ~~in this state~~ of counseling

under ~~article 15~~ part 181 of the public health code, 1978 PA 368,

MCL ~~333.16101 to 333.18838.~~333.18101 to 333.18117.

(f) A marriage and family therapist licensed or otherwise

authorized to engage in the practice of marriage and family therapy

under ~~article 15~~ part 169 of the public health code, 1978 PA 368,

MCL ~~333.16101 to 333.18838.~~333.16901 to 333.16915.

(16) "Mental retardation" means a condition manifesting before

the age of 18 years that is characterized by significantly

subaverage intellectual functioning and related limitations in 2 or

more adaptive skills and that is diagnosed based on the following

assumptions:

(a) Valid assessment considers cultural and linguistic

diversity, as well as differences in communication and behavioral

factors.

(b) The existence of limitation in adaptive skills occurs

within the context of community environments typical of the

individual's age peers and is indexed to the individual's

particular needs for support.

strengths in other adaptive skills or other personal capabilities.

(d) With appropriate supports over a sustained period, the

life functioning of the individual with mental retardation will

generally improve.

(17) "Minor" means an individual under the age of 18 years.

(18) "Multicultural services" means specialized mental health

services for multicultural populations such as African-Americans,

Hispanics, Native Americans, Asian and Pacific Islanders, and

Arab/Chaldean-Americans.

(19) "Neglect" means an act or failure to act committed by an

employee or volunteer of the department, a community mental health

services program, or a licensed hospital; a service provider under

contract with the department, a community mental health services

program, or a licensed hospital; or an employee or volunteer of a

service provider under contract with the department, a community

mental health services program, or a licensed hospital, that denies

a recipient the standard of care or treatment to which he or she is

entitled under this act.

Sec. 100c. (1) "Peace officer" means an officer of the

department of state police or of a law enforcement agency of a

county, township, city, or village who is responsible for the

prevention and detection of crime and enforcement of the criminal

laws of this state. For the purposes of sections 408 and 427, peace

officer also includes an officer of the United States secret

service with the officer's consent and a police officer of the

veterans' administration medical center reservation.

(2) "Peer review" means a process, including the review

process required under section 143a, in which mental health

professionals of a state facility, licensed hospital, or community

mental health services program evaluate the clinical competence of

staff and the quality and appropriateness of care provided to

recipients. ~~These~~ Peer review evaluations are confidential in

accordance with section 748(9) and are based on criteria

established by the facility or community mental health services

program itself, the accepted standards of the mental health

professions, and the department.

(3) "Person requiring treatment" means an individual who meets

the criteria described in section 401.

(4) "Physician" means an individual licensed ~~by the state~~ or

otherwise authorized to engage in the practice of medicine under

part 170 of the public health code, 1978 PA 368, MCL 333.17001 to

333.17084, or to engage in the practice of osteopathic medicine and

surgery under ~~article 15~~ part 175 of the public health code, 1978

PA 368, MCL ~~333.16101 to 333.18838.~~333.17501 to 333.17556.

(5) "Primary consumer" means an individual who has received or

is receiving services from the department or a community mental

health services program or services from the private sector

equivalent to those offered by the department or a community mental

health services program.

(6) "Priority" means preference for and dedication of a major

proportion of resources to specified populations or services.

Priority does not mean serving or funding the specified populations

or services to the exclusion of other populations or services.

(7) "Protective custody" means the temporary custody of an

individual by a peace officer with or without the individual's

consent for the purpose of protecting that individual's health and

safety, or the health and safety of the public, and for the purpose

of transporting the individual under section 276, 408, or 427 if

the individual appears, in the judgment of the peace officer, to be

a person requiring treatment or is a person requiring treatment.

Protective custody is civil in nature and is not ~~to be construed as~~

an arrest.

(8) "Psychiatric partial hospitalization program" means a

nonresidential treatment program that provides psychiatric,

psychological, social, occupational, nursing, music therapy, and

therapeutic recreational services under the supervision of a

physician to adults diagnosed as having serious mental illness or

minors diagnosed as having serious emotional disturbance who do not

require 24-hour continuous mental health care, and that is

affiliated with a psychiatric hospital or psychiatric unit to which

clients may be transferred if they need inpatient psychiatric care.

(9) "Psychiatric unit" means a unit of a general hospital that

provides inpatient services for individuals with serious mental

illness or serious emotional disturbance. As used in this

subsection, "general hospital" means a hospital as defined in

section 20106 of the public health code, 1978 PA 368, MCL

333.20106.

(10) "Psychiatrist" means 1 or more of the following:

(a) A physician who has completed a residency program in

psychiatry approved by the accreditation council for graduate

medical education or the American osteopathic association, or who

has completed 12 months of psychiatric rotation and is enrolled in

an approved residency program as described in this

~~subsection.~~subdivision.

(b) A psychiatrist employed by or under contract with the

department or a community mental health services program on March

28, 1996.

her time to the practice of psychiatry and is approved by the

director.

(11) "Psychologist" means an individual who is licensed or

otherwise authorized to engage in the practice of psychology under

~~article 15~~ part 182 of the public health code, 1978 PA 368, MCL

~~333.16101 to 333.18838,~~ 333.18201 to 333.18237, and who devotes a

substantial portion of his or her time to the diagnosis and

treatment of individuals with serious mental illness, serious

emotional disturbance, substance use disorder, or developmental

disability.

(12) "Recipient" means an individual who receives mental

health services from the department, a community mental health

services program, or a facility or from a provider that is under

contract with the department or a community mental health services

program. For the purposes of this act, recipient does not include

an individual receiving substance use disorder services under

chapter 2A unless that individual is also receiving mental health

services under this act in conjunction with substance use disorder

services.

(13) "Recipient rights advisory committee" means a committee

of a community mental health services program board appointed under

section 757 or a recipient rights advisory committee appointed by a

licensed hospital under section 758.

(14) "Recovery" means a highly individualized process of

healing and transformation ~~where~~ by which the individual gains

control over his or her life. Related services include recovery

management, recovery support services, recovery houses or

transitional living programs, and relapse prevention. Recovery

involves the development of a new meaning, purpose, and growing

beyond the impact of addiction or a diagnosis. Recovery may include

the pursuit of spiritual, emotional, mental, or physical well-

being.

(15) "Regional entity" means an entity established under

section 204b to provide specialty services and supports.

(16) "Rehabilitation" means the act of restoring an individual

to a state of mental and physical health or useful activity through

vocational or educational training, therapy, and counseling.

(17) "Resident" means an individual who receives services in a

facility.

(18) "Responsible mental health agency" means the hospital,

center, or community mental health services program that has

primary responsibility for the recipient's care or for the delivery

of services or supports to that recipient.

(19) "Rule" means a rule promulgated under the administrative

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

Sec. 100d. (1) "Service" means a mental health service or a

substance use disorder service.

(2) "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 occur in conjunction with another

diagnosable serious emotional disturbance:

(a) A substance use disorder.

(b) A developmental disorder.

mental disorders.

(3) "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 but 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 occur in

conjunction with another diagnosable serious mental illness:

(a) A substance use disorder.

(b) A developmental disorder.

mental disorders.

(4) "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.

(5) "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.

(6) "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 residence of the recipient, and that are part

of a comprehensive individual plan of services.

(7) "State administered funds" means revenues appropriated by

the ~~state~~ legislature exclusively for the purposes provided for in

regard to substance use disorder services and prevention.

(8) "State facility" means a center or a hospital operated by

the department.

(9) "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 office of recipient

rights.

(10) "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.

(11) "Substance use disorder" means chronic disorder in which

repeated use of alcohol, drugs, or both, results in significant and

adverse consequences. Substance ~~abuse is considered a substance~~ use

disorder includes substance abuse.

(12) "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.

(13) "Substance use disorder treatment and rehabilitation

services" means the providing of identifiable recovery-oriented

services including:

(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 families, and the general public.

counseling, or rehabilitation for individuals physiologically or

psychologically dependent upon or abusing alcohol or drugs.

(14) "Supplemental security income" means the program

authorized under title XVI of the social security act, 42 USC 1381

to 1383f.

(15) "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.

(16) "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.

(17) "Treatment" means care, diagnostic, and therapeutic

services, including the administration of drugs, and any other

service for the treatment of an individual's serious mental

illness, or serious emotional disturbance, or substance use

disorder.

(18) "Treatment position" means a unit of measure of the

client capacity of a psychiatric partial hospitalization program.

Each treatment position represents a minimum of 6 hours per day and

5 days per calendar week.

(19) "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 does not receive care,

treatment, or support services.

(20) "Wraparound services" means an individually designed set

of services provided to minors with serious emotional disturbance

or serious mental illness and their 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. 260. (1) As used in this chapter:

(a) "Child" means an individual less than 14 years of age.

(b) ~~(a)~~ "Court" means the probate court for the county in

which ~~a minor,~~ an individual, for whom a request for substance use

disorder treatment and rehabilitation services has been made or a

petition for involuntary treatment has been filed, either resides

or is found.

otherwise authorized to engage in a health profession under article

15 of the public health code, 1978 PA 368, MCL 333.16101 to

333.18838, and whose scope of practice includes the diagnosis and

treatment of individuals with a substance use disorder.

(d) "Hospital" means a hospital licensed under part 215 of the

public health code, 1978 PA 368, MCL 333.21501 to 333.21571.

(e) ~~(b)~~ "Minor" means an individual 14 or more years of age

and less than 18 years of age.

(f) ~~(c)~~ "Person in loco parentis" means an individual who is

not the parent or guardian of a child or minor but who has legal

custody of the child or minor and is providing support and care for

the child or minor.

(g) "Petitioner" means a person that institutes a proceeding

under section 281a.

(h) ~~(d)~~ "Physiological dependency" means addiction to alcohol

or drugs that alters the body's physical or psychological status,

or both.

(i) ~~(e)~~ "Program" means a hospital, clinic, organization, or

health professional licensed under part 62 of the public health

code, 1978 PA 368, MCL 333.6230 to 333.6251, to provide ~~treatment~~

~~services or screening and assessment~~ substance use disorder

services.

(j) "Respondent" means an individual alleged in a petition

filed under section 281a to be an individual who has a substance

use disorder and who may be ordered under section 281b or 281c to

undergo involuntary treatment.

(2) The department shall begin implementation of the changes

in made to this chapter by 2012 PA 500 not later than October 1,

2013 and shall have the changes completed by not later than October

1, 2014.

Sec. 276. (1) An individual who appears to be incapacitated in

a public place shall be taken into protective custody by a ~~law~~

~~enforcement~~ peace officer and taken to an approved service program

, or to an emergency medical service, or to a transfer facility

according to subsection (4) for subsequent transportation to an

approved service program or emergency medical service. ~~When~~ Except

as otherwise provided in this subsection, if requested by a ~~law~~

~~enforcement~~ peace officer, an emergency service unit or staff shall

provide transportation for the individual to an approved service

program or an emergency medical service. This subsection does not

apply to the transportation of an individual ~~who~~ by an emergency

service unit or staff if the ~~law enforcement~~ peace officer

reasonably believes that the individual will attempt escape or will

be unreasonably difficult for staff to control.

(2) A ~~law enforcement~~ peace officer may take an individual

into protective custody with that kind and degree of force that

~~would be~~ is lawful ~~were~~ for the officer ~~effecting an~~ to arrest that

individual for a misdemeanor without a warrant. In taking the

individual, a ~~law enforcement~~ peace officer may take reasonable

steps to protect himself or herself. The protective steps may

include a ~~"pat down"~~ pat-down search of the individual in his or

her immediate surroundings, but only to the extent necessary to

discover and seize any dangerous weapon that may on that occasion

be used against the officer or other individuals present. ~~These~~ The

peace officer shall take these protective steps ~~shall be taken by~~

~~the law enforcement officer~~ before an emergency service unit or

staff provides transportation of an individual to an approved

service program or emergency medical service.

(3) The taking of an individual to an approved service

program, emergency medical service, or transfer facility under

subsection (1) is not an arrest, but is a taking into protective

custody with or without consent of the individual. The ~~law~~

~~enforcement~~ peace officer shall inform the individual that he or

she is being held in protective custody and is not under arrest. An

entry or other record shall not be made to indicate that the

individual was arrested or charged with either a crime or being

incapacitated. An entry shall be made indicating the date, time,

and place of the taking, but the entry shall not be treated for any

purpose as an arrest or criminal record.

(4) An individual taken into protective custody under

subsection (1) may be taken to a transfer facility for not more

than 8 hours, if ~~there is neither~~ an approved service program ~~nor~~

or an emergency medical service is not located in that county and

if, due to distance or other circumstances, a ~~law enforcement~~ peace

officer is unable to complete transport of the individual to an

approved service program or emergency medical service. The ~~law~~

~~enforcement~~ peace officer or agency shall immediately notify and

request the nearest approved service program or emergency medical

service to provide an emergency service unit or staff as soon as

possible to transport the individual to that approved service

program or emergency medical service. If ~~neither~~ an emergency

service unit ~~nor~~ or staff is not available for transportation, a

~~law enforcement~~ peace officer may transport the individual to an

approved service program or emergency medical service. If an

emergency service unit or staff is to provide transportation, the

designated representative of the transfer facility shall assume

custody of the individual and shall take all reasonable steps to

ensure the individual's health and safety until custody is

transferred to the emergency service unit or staff of an approved

service program or emergency medical service.

(5) An individual arrested by a ~~law enforcement~~ peace officer

for the commission of a misdemeanor punishable by imprisonment for

not more than 3 months, or by a fine of not more than $500.00, or

both, may be taken to an approved service program or an emergency

medical service for emergency treatment if the individual appears

to be incapacitated at the time of ~~apprehension.~~ arrest. This

treatment is not in lieu of criminal prosecution of the individual

for the offense with which the individual is charged ~~, nor shall~~

and it does not preclude the administration of any tests as

provided for by law.

Sec. 277. (1) An individual who is taken to an approved

service program or emergency medical service under section 276(1)

shall continue to be in protective custody and shall be examined by

a ~~physician or his or her designated representative~~ health

professional as soon as possible, but not longer than 8 hours. The

~~physician or designated representative~~ health professional may

conduct a chemical test to determine the amount of alcohol or other

drugs in the bloodstream of the individual. The ~~physician or~~

~~designated representative~~ health professional shall inform the

individual of his or her right to that test and shall conduct a

test at the request of the individual.

(2) An individual who, by medical examination, is found to be

incapacitated shall then receive treatment from an approved service

program or emergency medical service. An individual shall not be

denied treatment solely because the individual has withdrawn from

treatment against medical advice on a prior occasion or because the

individual has relapsed after earlier treatment. An approved

service program or the emergency medical service may arrange for

necessary transportation.

(3) Approved service programs are not expected to provide

treatment other than that for which they are licensed, nor ~~shall~~ is

an emergency medical service be required to provide treatment other

than that routinely provided for other patients treated.

Sec. 278. (1) An individual who is taken to an approved

service program or emergency medical service under section 276(1)

~~shall continue~~ continues to be in protective custody. ~~The~~ Except as

otherwise provided in section 281a, 281b, or 281c, the individual

shall not be detained once the individual is medically examined and

found not to be incapacitated. An individual found by medical

examination to be incapacitated shall be detained, except as

otherwise provided in section 281a, 281b, or 281c, until the

individual is no longer incapacitated or for not more than 72 hours

after the individual is taken to the approved service program or

emergency medical service. An individual may consent to remain in

the program for as long as the ~~physician~~ health professional in

charge believes appropriate.

(2) An individual who is taken to an approved service program

or emergency medical service under section 276(5) shall be

discharged to a ~~law enforcement~~ peace officer after the individual

is no longer incapacitated. An individual who remains incapacitated

at the expiration of 72 hours after the individual has been taken

to the approved service program or emergency medical service shall

be discharged to a ~~law enforcement~~ peace officer unless ~~both~~ 1 of

the following ~~occur:~~circumstances applies:

(a) The individual agrees to remain in the program longer than

72 hours .

~~(b) The physician~~ and the health professional in charge of the

program believes it appropriate that the individual remain in the

program longer than 72 hours.

(b) An order for involuntary treatment of the individual has

been issued under section 281b or 281c.

Sec. 279. (1) An Except as otherwise provided in section 281a,

281b, or 281c, an individual who is brought to an approved service

program or emergency medical service under section 276(1) and is

found by medical examination not to be incapacitated shall be

immediately released and transportation may be arranged by the

approved service program or emergency medical service.

(2) An Except as otherwise provided in section 281a, 281b, or

281c, an individual who is brought to an approved service program

or emergency medical service under section 276(5) and is found by

medical examination not to be incapacitated shall be released to a

~~law enforcement~~ peace officer representing the agency that made the

arrest.

Sec. 281. (1) An individual may voluntarily seek admission at

an approved service program or emergency medical service.

(2) The individual shall be examined by a ~~physician or his or~~

~~her designated representative. The physician at~~ health

professional. At the request of the individual, the health

professional may order a chemical test to determine the amount of

alcohol or other drugs in the bloodstream of the individual.

(3) An individual who, by medical examination, is found to be

incapacitated shall then be admitted or referred for treatment.

Transportation may be provided to an individual admitted or

referred for treatment through the approved service program or the

emergency medical service.

(4) The voluntarily admitted individual may leave at any time

or may consent to remain as long as the ~~physician~~ health

professional believes appropriate.

(5) If a voluntarily admitted individual is admitted to an

approved service program or emergency medical service, the family,

next of kin, or someone whom the individual designates, shall be

notified as promptly as possible. If an adult requests that there

be no notification, the request shall be respected.

Sec. 281a. (1) A court may order involuntary treatment for an

individual who is an adult as provided in this section and sections

281b and 281c. This section and sections 281b and 281c do not apply

and sections 264 to 268 apply for an individual who is a minor. A

court shall not order involuntary treatment for an individual

unless all of the following apply to that individual:

(a) The individual has a substance use disorder as verified by

a health professional under section 281b.

(b) The individual presents an imminent danger or imminent

threat of danger to self, family, or others as a result of the

substance use disorder, or a substantial likelihood of the threat

of danger in the near future exists.

(2) An individual described in this subsection may initiate

proceedings for the involuntary treatment of an individual by

filing a verified petition in the court and paying a filing fee in

the same amount, if any, that is charged for a filing under section

434. A petition and all subsequent documents filed in the court

under this subsection must be entitled: "In the interest of (name

of respondent)". Any of the following individuals may file a

petition under this subsection:

(a) The spouse of the respondent.

(b) A family member of the respondent.

(d) A health professional.

(3) A petitioner shall include all of the following in a

petition filed under this section:

(a) The petitioner's name and residence address or, if the

petitioner is a health professional, his or her business address.

(b) The petitioner's source of authority under subsection (2)

to file the petition, including the petitioner's relationship to

the respondent.

location, if known.

(d) The name and residence address of the respondent's

parents, if living and if known.

(e) The name and residence address of the respondent's

guardian, if any and if known.

(f) The name and residence address of the respondent's spouse,

if any and if known.

(g) The name and residence address of the individual who has

custody of the respondent, if any and if known. If no individual is

known under this subdivision, the name and residence address of any

other close relative or friend of the respondent, if known.

(h) A description of the facts that lead the petitioner to

believe that the respondent has a substance use disorder and

presents an imminent danger or imminent threat of danger to self,

family, or others as a result of the substance use disorder, or

that a substantial likelihood of the threat of danger in the near

future exists if the respondent does not receive treatment.

(i) Except as otherwise provided in subdivision (j), a

certified statement of a health professional who has examined the

respondent within 2 days before the day the petition is filed under

this section. A certified statement under this subdivision must

include all of the following:

(i) The health professional's findings in support of the need

for involuntary treatment.

(ii) The health professional's statement regarding whether the

respondent presents an imminent danger or imminent threat of danger

to self, family, or others as a result of the substance use

disorder, or a substantial likelihood of the threat of danger in

the near future exists if the respondent does not receive

treatment.

(iii) The health professional's statement regarding whether the

respondent can reasonably benefit from treatment.

(iv) The health professional's indication of the type and

length of treatment required.

(v) If treatment is indicated under subparagraph (iv), the

treatment facilities known to the health professional that are able

and willing to provide the recommended treatment. The health

professional shall include a disclosure of any ownership interest

in or other relationship or affiliation with a facility identified

under this subparagraph, if any.

(j) In lieu of a certified statement of a health professional

under subdivision (i), a statement that the respondent refused to

undergo an examination by a health professional concerning the

respondent's possible need for treatment.

(4) A petitioner shall submit with a petition filed under this

section the name and address of the person or public or private

facility with which the petitioner has arranged for the treatment

of the respondent. The petitioner shall include a verification from

the person or public or private facility that it has agreed to

provide the treatment and the estimated cost of the treatment.

Unless waived by the court for good cause, the petitioner shall

submit with the petition a guarantee, signed by the petitioner or

another individual authorized to submit a petition for the

respondent under this section, obligating the guarantor to pay the

costs of the examinations under section 281b(2)(e), the costs of

the respondent that are associated with a hearing conducted under

section 281b and that are determined appropriate by the court, and

the costs of any treatment ordered by the court.

(5) An individual who does any of the following is guilty of a

misdemeanor punishable by imprisonment for not more than 1 year or

a fine of not more than $5,000.00, or both:

(a) Furnishes false information for the purpose of obtaining

an order of involuntary treatment.

(b) Causes or otherwise secures, or conspires with or assists

another to cause or secure, without a reason to believe the

respondent has a substance use disorder, an order of involuntary

treatment.

denial to any individual a right accorded that individual under

this chapter.

Sec. 281b. (1) Upon receipt of a petition filed under section

281a and the payment of the filing fee, if any, the court shall

examine the petitioner under oath as to the contents of the

petition.

(2) If, after reviewing the contents of the petition and

examining the petitioner under oath, it appears to the court that

there is probable cause to believe the respondent may reasonably

benefit from treatment, the court shall do all of the following:

(a) Schedule a hearing to be held within 7 days to determine

if there is clear and convincing evidence that the respondent may

reasonably benefit from treatment.

(b) Notify the respondent and all other individuals named in

the petition under section 281a(3)(d) to (g) concerning the

allegations and contents of the petition and of the date and the

purpose of the hearing.

counsel and, if the respondent is unable to retain counsel, that

the respondent may be represented by court-appointed counsel at

public expense if the respondent is indigent. Upon the appointment

of court-appointed counsel for an indigent respondent, the court

shall notify the respondent of the name, address, and telephone

number of the court-appointed counsel.

(d) Notify the respondent that the court will cause the

respondent to be examined not later than 24 hours before the

hearing date by a physician for the purpose of a physical

examination and by an independent health professional for the

purpose of a substance use disorder assessment and diagnosis. In

addition, the court shall notify the respondent that the respondent

may have an independent expert evaluation of his or her physical

and mental condition conducted at the respondent's own expense.

(e) Cause the respondent to be examined not later than 24

hours before the hearing date by a physician for the purpose of a

physical examination and by an independent health professional for

the purpose of a substance use disorder assessment and diagnosis.

(f) Conduct the hearing.

(3) The physician who examined the respondent for the purpose

of a physical examination, the health professional who examined the

respondent for the purpose of the substance use disorder assessment

and diagnosis, and, if applicable, the individual who conducted the

independent expert evaluation of the respondent's physical and

mental condition at the respondent's expense shall certify his or

her findings to the court within 24 hours after the examination.

The findings must include a recommendation for treatment if the

physician, health professional, or individual determines that

treatment is necessary.

(4) If, upon completion of the hearing held under this

section, the court finds by clear and convincing evidence that the

requirements of section 281a(1) are met, the court may order the

involuntary treatment of the respondent after considering the

recommendations for treatment that were submitted to the court

under subsection (3). If ordered, the court shall order the

involuntary treatment to be provided by an approved service program

or by a health professional qualified by education and training to

provide the treatment.

(5) A respondent who fails to undergo and complete the

treatment ordered under subsection (4) is in contempt of court. An

approved service program to which or health professional to whom a

respondent is ordered for treatment under subsection (4) shall

notify the court of a respondent's failure to undergo or complete

treatment ordered under subsection (4).

(6) If at any time after a petition is filed under section

281a the court finds that there is not probable cause to order or

continue treatment or the petitioner withdraws the petition, the

court shall dismiss the proceedings against the respondent.

(7) As used in this section, "substance use disorder

assessment and diagnosis" includes an evaluation of all of the

following:

(a) Whether the individual has a substance use disorder.

(b) Whether the individual presents an imminent danger or

imminent threat of danger to self, family, or others as a result of

the substance use disorder, or whether a substantial likelihood of

the threat of danger in the near future exists.

treatment.

Sec. 281c. (1) Following an examination by a health

professional under section 281b and a certification by that health

professional that the requirements of section 281a(1) are met, a

court may order the respondent held for treatment for a period not

to exceed 72 hours if the court finds by clear and convincing

evidence that the person presents an imminent danger or imminent

threat of danger to self, family, or others as a result of a

substance use disorder. However, if the hearing to be held under

section 281b will not be held within that 72-hour period, the court

may order the respondent held for treatment until the hearing. In

making its order, the court shall inform the respondent that the

respondent may immediately make a reasonable number of telephone

calls or use other reasonable means to contact an attorney, a

physician, or a health professional; to contact any other person to

secure representation by counsel; or to obtain medical or

psychological assistance and that the respondent will be provided

assistance in making calls if the assistance is needed and

requested.

(2) A program in which a respondent is being held pursuant to

subsection (1) shall release the respondent from the program

immediately upon the expiration of the time period established by

the court for the treatment under subsection (1). If determined

appropriate by the court with the assistance of health

professionals, a respondent may be transferred from a more-

restrictive program setting to a less-restrictive program setting

for the treatment ordered under this section.

(3) A respondent ordered held under this section shall not be

held in jail pending transportation to the program or evaluation

unless the court previously has found the respondent to be in

contempt of court for either failure to undergo treatment or

failure to appear at the examination ordered under section 281b.

(4) If a court is authorized to issue an order that the

respondent be transported to a program, the court may issue a

summons. If the respondent fails to attend an examination scheduled

before the hearing under section 281b, the court shall issue a

summons. The court shall direct a summons issued to the respondent

and shall command the respondent to appear at a time and place

specified in the summons. If the respondent who has been summoned

fails to appear at the program or the examination, the court may

order a peace officer to transport the respondent to a program on

the list provided under subsection (5) for treatment. The peace

officer shall transport the respondent to the program. The

transportation costs of the peace officer shall be included in the

costs of treatment for substance use disorder to be paid as

provided in section 281a(4).

(5) A department-designated community mental health entity on

at least an annual basis shall submit each of the following lists

to the clerk of the court in each county served by the department-

designated community mental health entity:

(a) A list of all programs in the counties served by the

department-designated community mental health entity that are able

and willing to take respondents ordered held for treatment under

subsection (1).

(b) A list of programs and health professionals in the

counties served by the department-designated community mental

health entity that are able and willing to provide treatment for a

substance use disorder that is ordered under section 281b.

Sec. 282. (1) A ~~law enforcement~~ peace officer, a member of the

emergency service unit, or staff member of an approved service

program or an emergency medical service who acts in compliance with

sections 276 to 286 is acting in the course of his or her official

duty and is not criminally or civilly liable as a result.

(2) Subsection (1) does not apply to a law enforcement

officer, member of the emergency service unit, or staff member of

an approved service program or an emergency medical service who,

while acting in compliance with sections 276 to 286, engages in

behavior involving gross negligence or willful ~~and~~ or wanton

misconduct.

(3) Approved service programs, staff of approved service

programs, emergency medical services, staff of emergency medical

services, ~~law enforcement~~ peace officers, and emergency service

units are not criminally or civilly liable for the subsequent

actions of the apparently incapacitated individual who leaves the

approved service program or emergency medical service.

Sec. 283. An individual taken , to or seeking voluntary

admission under section 281 , to an emergency medical service or a

transfer facility or a respondent under an order that is issued

under section 281b or 281c shall have his or her possessions

inventoried and held in a secure place. These possessions shall be

returned to the individual when the individual is released.

Contraband discovered in the inventory shall not be returned to the

individual.

Sec. 286. (1) ~~After January 15, 1978, a~~ A city, county,

township, or village ~~may~~ shall not adopt or enforce a local law,

ordinance, resolution, rule, or portion ~~thereof having~~ of a local

law, ordinance, resolution, or rule that has the force of law and

that imposes a civil or criminal penalty for public intoxication ,

~~being a common drunkard,~~ or being incapacitated, except as provided

in subsection (3) or (4).

(2) A local unit of government ~~may~~ shall not interpret or

apply any law of general application to circumvent subsection (1).

(3) This section and sections 276 to 285 do not affect a law,

ordinance, resolution, or rule against drunken driving, driving

under the influence of alcohol or other drugs, or other similar

offense involving the operation of a vehicle, snowmobile, aircraft,

vessel, machinery, or other equipment, or motorized conveyance, or

regarding the sale, purchase, dispensing, possession,

transportation, consumption, or use of alcoholic beverages or other

drugs at stated times and places, or by a particular class of

individuals.

(4) This section and sections 276 to 285 do not prohibit a

local unit of government from adopting an ordinance consistent with

section 167 of the Michigan penal code, 1931 PA 328, MCL 750.167.

Sec. 464a. (1) Upon entry of a court order directing that an

individual be involuntarily hospitalized under this chapter or that

an individual involuntarily undergo a program of alternative

treatment or a program of combined hospitalization and alternative

treatment under this chapter, the court shall immediately order the

department of state police to enter the court order into the law

enforcement information network. The department of state police

shall remove the court order from the law enforcement information

network only upon receipt of a subsequent court order for that

removal.

(2) The department of state police shall immediately enter an

order described in subsection (1) into the law enforcement

information network or shall immediately remove an order from the

law enforcement information network as ordered by the court under

this section.

(3) This section does not apply to an order of involuntary

treatment for substance use disorder under chapter 2A.