March 20, 2013, Introduced by Rep. Walsh and referred to the Committee on Judiciary.
A bill to amend 1974 PA 258, entitled
"Mental health code,"
by amending sections 100b, 276, 277, 281, and 286 (MCL 330.1100b,
330.1276, 330.1277, 330.1281, and 330.1286), section 100b as
amended and sections 276, 277, 281, and 286 as added by 2012 PA
500, and by adding section 276a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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.
(c) A registered professional nurse licensed to practice in
this state under article 15 of the public health code, 1978 PA 368,
MCL 333.16101 to 333.18838.
(d) A licensed master's social worker licensed under article
15 of the public health code, 1978 PA 368, MCL 333.16101 to
333.18838.
(e) A licensed professional counselor licensed to practice in
this state under article 15 of the public health code, 1978 PA 368,
MCL 333.16101 to 333.18838.
(f) A marriage and family therapist licensed under article 15
of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.
(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.
(c) Specific adaptive skill limitations often coexist with
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. 276. (1) An individual who appears to be incapacitated in
a public place or who is the subject of a court order for
involuntary assessment and stabilization under section 276a shall
be taken into protective custody by a law enforcement 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 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 officer reasonably believes that the
individual will attempt escape or will be unreasonably difficult
for staff to control.
(2) A law enforcement 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 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 law
enforcement
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 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
officer is unable to complete transport of the individual to an
approved service program or emergency medical service. The law
enforcement 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
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 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. 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. 276a. (1) An individual who is incapacitated, who is an
adult, and who is determined by a court to appear to meet the
criteria for involuntary assessment under subsection (3) may be
taken into protective custody for involuntary assessment and
stabilization or to a less restrictive component of an approved
service program for involuntary assessment only, upon the entry of
a court order. Involuntary assessment and stabilization may be
initiated by the submission of a petition to the court by a person
described in subsection (2). This section does not apply and
sections 264 to 268 apply in the case of a minor.
(2) A petition for involuntary assessment and stabilization
may be filed by the respondent's spouse or guardian, any relative,
a private health practitioner, the director of an approved service
program or the director's designee, or any 3 adults who have
personal knowledge of the respondent's substance abuse. A petition
for involuntary assessment and stabilization shall contain the name
of the respondent, the name of the applicant or applicants, the
relationship between the respondent and the applicant, the name of
the respondent's attorney, if known, and a statement of the
respondent's ability to afford an attorney and shall state facts to
support the need for involuntary assessment and stabilization,
including all of the following:
(a) The reason for the petitioner's belief that the respondent
is engaging in substance abuse.
(b) The reason for the petitioner's belief that because of the
substance abuse the respondent is incapacitated and that the
petitioner believes that 1 or more of the following are true:
(i) That the respondent has inflicted or is likely to inflict
physical harm on himself or herself or others unless admitted.
(ii) That the respondent's refusal to voluntarily receive care
is based on judgment so impaired by reason of substance abuse that
the respondent is incapable of appreciating his or her need for
care and of making a rational decision regarding that need for
care.
(c) Whether the respondent has refused to submit voluntarily
to an assessment.
(3) An individual meets the criteria for involuntary
assessment if there is good faith reason to believe that the
individual is engaging in substance abuse, is incapacitated, and
because of the substance abuse has lost the power of self-control
with respect to substance use and meets either of the following
criteria:
(a) Has inflicted, threatened or attempted to inflict, or
unless admitted is likely to inflict physical harm on himself or
herself or another.
(b) Is in need of substance use disorder treatment and
rehabilitation services and, by reason of substance abuse, his or
her judgment has been so impaired that the individual is incapable
of appreciating his or her need for substance use disorder
treatment and rehabilitation services and of making a rational
decision in regard to substance use disorder treatment and
rehabilitation services. However, the mere refusal to receive
substance use disorder treatment and rehabilitation services does
not constitute evidence of lack of judgment with respect to his or
her need for substance use disorder treatment and rehabilitation
services.
(4) Upon receipt and filing of a petition for the involuntary
assessment and stabilization by the clerk of the court, the court
shall do all of the following:
(a) Ascertain whether the respondent is represented by an
attorney and, if not, whether, on the basis of the petition, an
attorney should be appointed. If determined appropriate, the court
shall appoint an attorney to represent the respondent.
(b) Provide a copy of the petition and notice of hearing to
all of the following:
(i) The respondent.
(ii) The respondent's attorney, if known.
(iii) The petitioner.
(iv) The respondent's spouse, if applicable.
(v) Any other person as the court may direct.
(c) Do 1 of the following:
(i) Issue a summons to the respondent and conduct a hearing
within 10 days. If after a hearing the court determines it
appropriate, the court shall enter an order authorizing the
involuntary assessment and stabilization of the respondent.
(ii) Without the appointment of an attorney and relying solely
on the contents of the petition, enter an ex parte order
authorizing the involuntary assessment and stabilization of the
respondent.
(5) Upon the court's order authorizing the involuntary
assessment and stabilization of the respondent, the respondent
shall be taken into protective custody as provided in section 276.
(6) As used in this section, "court" means the probate court
for the county in which the respondent, for whom a request for
involuntary assessment has been made, either resides or is found.
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 as soon as
possible, but not longer than 8 hours. The physician or designated
representative 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 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 an
emergency medical service be required to provide treatment other
than that routinely provided for other patients treated.
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 the request of the
individual 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 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. 286. (1) After January 15, 1978, 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.