June 14, 2017, Introduced by Rep. Kosowski and referred to the Committee on Health Policy.
A bill to require that students at public and private
institutions of higher education in this state be given an
opportunity to authorize the disclosure of certain private mental
health information in certain circumstances; and to provide for the
powers and duties of certain state and local governmental officers
and entities.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"student optional disclosure of private mental health information
act".
Sec. 3. As used in this act:
(a) "Designated person" means a parent, guardian, or other
person over the age of 18 designated by a student pursuant to
section 5 to receive disclosure of certain private mental health
information.
(b) "Institution of higher education" or "institution" means a
degree- or certificate-granting public or private college,
university, or community or junior college in this state.
(c) "Mental health professional" means that term as defined in
section 100b of the mental health code, 1974 PA 258, MCL 330.1100b.
Sec. 5. (1) Subject to section 748(6) of the mental health
code, 1974 PA 258, MCL 330.1748, an institution of higher education
shall, at or near the time that an incoming student enrolls at the
institution, provide that student the opportunity to authorize in
writing the disclosure of private mental health information
regarding the student in the circumstances described in subsection
(3) to a designated person.
(2) For the purpose of obtaining the authorization described
in subsection (1), an institution of higher education shall prepare
a form and shall create a policy and supporting procedures to
ensure that every new student is given the opportunity to complete
and submit the form if he or she so desires. The form must provide
a space for the student to affirmatively authorize, or decline to
authorize, the disclosure of the information. The form must also
provide a space for the student to enter the name, address,
telephone number, and other contact information for the designated
person.
(3) If a student has authorized disclosure pursuant to
subsections (1) and (2), an institution of higher education may,
subject to section 748(6) of the mental health code, 1974 PA 258,
MCL 330.1748, disclose that student's private mental health
information if a mental health professional who is employed by the
institution makes a determination that the student poses a clear
danger to himself, herself, or others to protect the student or
other person against a clear, imminent risk of serious physical or
mental injury or disease or death being inflicted upon the person
or by the student on himself, herself, or another. The mental
health professional shall, as soon as practicable, but in no more
than 24 hours after making a determination under this subsection,
attempt to contact the designated person and notify the designated
person that the mental health professional has made a determination
that the student poses a clear, imminent danger to himself,
herself, or others.