June 2, 2015, Introduced by Rep. Leonard and referred to the Committee on Health Policy.
A bill to amend 1974 PA 258, entitled
"Mental health code,"
by amending sections 100a, 100c, 401, 404, 420, 422, 423, 425, 426,
427, 429, 431, 434, 435, 438, 447, 448, 449, 451, 452, 454, 455,
463, 468, 469a, 472a, 474, 474a, and 475 (MCL 330.1100a, 330.1100c,
330.1401, 330.1404, 330.1420, 330.1422, 330.1423, 330.1425,
330.1426, 330.1427, 330.1429, 330.1431, 330.1434, 330.1435,
330.1438, 330.1447, 330.1448, 330.1449, 330.1451, 330.1452,
330.1454, 330.1455, 330.1463, 330.1468, 330.1469a, 330.1472a,
330.1474, 330.1474a, and 330.1475), section 100a as amended by 2012
PA 500, section 100c as amended by 2014 PA 200, section 401 as
amended by 2004 PA 496, sections 420, 423, 425, 426, 427, 429, 431,
434, 435, 438, 448, 449, 451, 452, 454, 455, 463, and 468 as
amended by 1995 PA 290, section 422 as amended by 2004 PA 317,
section 469a as amended by 2004 PA 497, sections 472a and 475 as
amended by 2004 PA 498, and sections 474 and 474a as added by 1996
PA 588, and by adding section 400b; and to repeal acts and parts of
acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 100a. (1) "Abilities" means the qualities, skills, and
competencies of an individual that reflect the individual's talents
and acquired proficiencies.
(2) "Abuse" means nonaccidental physical or emotional harm to
a recipient, or sexual contact with or sexual penetration of a
recipient as those terms are defined in section 520a of the
Michigan penal code, 1931 PA 328, MCL 750.520a, that is committed
by an employee or volunteer of the department, a community mental
health services program, or a licensed hospital or by an employee
or volunteer of a service provider under contract with the
department, community mental health services program, or licensed
hospital.
(3) "Adaptive skills" means skills in 1 or more of the
following areas:
(a) Communication.
(b) Self-care.
(c) Home living.
(d) Social skills.
(e) Community use.
(f) Self-direction.
(g) Health and safety.
(h) Functional academics.
(i) Leisure.
(j) Work.
(4) "Adult foster care facility" means an adult foster care
facility licensed under the adult foster care facility licensing
act, 1979 PA 218, MCL 400.701 to 400.737.
(5) "Alcohol and drug abuse counseling" means the act of
counseling, modification of substance use disorder related
behavior, and prevention techniques for individuals with substance
use disorder, their significant others, and individuals who could
potentially develop a substance use disorder.
(6) "Applicant" means an individual or his or her legal
representative who makes a request for mental health services.
(7) "Approved service program" means a substance use disorder
services program licensed under part 62 of the public health code,
1978 PA 368, MCL 333.6230 to 333.6251, to provide substance use
disorder treatment and rehabilitation services by the department-
designated community mental health entity and approved by the
federal government to deliver a service or combination of services
for the treatment of incapacitated individuals.
(8) "Assisted outpatient treatment" or "AOT" means the
categories of outpatient services ordered by the court under
section
433 468 or 469a. Assisted outpatient treatment includes may
include case management services to provide care coordination.
Assisted outpatient treatment may also include 1 or more of the
following categories of services: medication; periodic blood tests
or urinalysis to determine compliance with prescribed medications;
individual or group therapy; day or partial day programming
activities; vocational, educational, or self-help training or
activities; assertive community treatment team services; alcohol or
substance use disorder treatment and counseling and periodic tests
for the presence of alcohol or illegal drugs for an individual with
a history of alcohol abuse or substance use disorder; supervision
of living arrangements; and any other services within a local or
unified services plan developed under this act that are prescribed
to treat the individual's mental illness and to assist the
individual in living and functioning in the community or to attempt
to prevent a relapse or deterioration that may reasonably be
predicted to result in suicide, the need for hospitalization, or
serious violent behavior. The medical review and direction included
in an assisted outpatient treatment plan shall be provided under
the supervision of a psychiatrist.
(9) "Board" means the governing body of a community mental
health services program.
(10) "Board of commissioners" means a county board of
commissioners.
(11) "Center" means a facility operated by the department to
admit individuals with developmental disabilities and provide
habilitation and treatment services.
(12) "Certification" means formal approval of a program by the
department in accordance with standards developed or approved by
the department.
(13) "Child abuse" and "child neglect" mean those terms as
defined in section 2 of the child protection law, 1975 PA 238, MCL
722.622.
(14) "Child and adolescent psychiatrist" means 1 or more of
the following:
(a) A physician who has completed a residency program in child
and
adolescent psychiatry approved by the accreditation council for
graduate
medical education Accreditation
Council for Graduate
Medical
Education or the American osteopathic
association,
Osteopathic Association, or who has completed 12 months of child
and adolescent psychiatric rotation and is enrolled in an approved
residency program as described in this subsection.
(b) A psychiatrist employed by or under contract as a child
and adolescent psychiatrist with the department or a community
mental health services program on March 28, 1996, who has education
and clinical experience in the evaluation and treatment of children
or adolescents with serious emotional disturbance.
(c) A psychiatrist who has education and clinical experience
in the evaluation and treatment of children or adolescents with
serious emotional disturbance who is approved by the director.
(15) "Children's diagnostic and treatment service" means a
program operated by or under contract with a community mental
health services program, that provides examination, evaluation, and
referrals for minors, including emergency referrals, that provides
or facilitates treatment for minors, and that has been certified by
the department.
(16) "Community mental health authority" means a separate
legal public governmental entity created under section 205 to
operate as a community mental health services program.
(17) "Community mental health organization" means a community
mental health services program that is organized under the urban
cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to
124.512.
(18) "Community mental health services program" means a
program operated under chapter 2 as a county community mental
health agency, a community mental health authority, or a community
mental health organization.
(19) "Consent" means a written agreement executed by a
recipient, a minor recipient's parent, or a recipient's legal
representative with authority to execute a consent, or a verbal
agreement of a recipient that is witnessed and documented by an
individual other than the individual providing treatment.
(20) "County community mental health agency" means an official
county or multicounty agency created under section 210 that
operates as a community mental health services program and that has
not elected to become a community mental health authority or a
community mental health organization.
(21)
"Department" means the department of community health and
human services.
(22) "Department-designated community mental health entity"
means the community mental health authority, community mental
health organization, community mental health services program,
county community mental health agency, or community mental health
regional entity designated by the department to represent a region
of community mental health authorities, community mental health
organizations, community mental health services programs, or county
community mental health agencies.
(23) "Dependent living setting" means all of the following:
(a) An adult foster care facility.
(b) A nursing home licensed under article 17 of the public
health code, 1978 PA 368, MCL 333.20101 to 333.22260.
(c) A home for the aged licensed under article 17 of the
public health code, 1978 PA 368, MCL 333.20101 to 333.22260.
(24) "Designated representative" means any of the following:
(a) A registered nurse or licensed practical nurse licensed or
otherwise authorized under part 172 of the public health code, 1978
PA 368, MCL 333.17201 to 333.17242.
(b) A paramedic licensed or otherwise authorized under part
209 of the public health code, 1978 PA 368, MCL 333.20901 to
333.20979.
(c) A physician's assistant licensed or otherwise authorized
under part 170 or 175 of the public health code, 1978 PA 368, MCL
333.17001 to 333.17084 and 333.17501 to 333.17556.
(d) An individual qualified by education, training, and
experience who performs acts, tasks, or functions under the
supervision of a physician.
(25) "Developmental disability" means either of the following:
(a) If applied to an individual older than 5 years of age, a
severe, chronic condition that meets all of the following
requirements:
(i) Is attributable to a mental or physical impairment or a
combination of mental and physical impairments.
(ii) Is manifested before the individual is 22 years old.
(iii) Is likely to continue indefinitely.
(iv) Results in substantial functional limitations in 3 or more
of the following areas of major life activity:
(A) Self-care.
(B) Receptive and expressive language.
(C) Learning.
(D) Mobility.
(E) Self-direction.
(F) Capacity for independent living.
(G) Economic self-sufficiency.
(v) Reflects the individual's need for a combination and
sequence of special, interdisciplinary, or generic care, treatment,
or other services that are of lifelong or extended duration and are
individually planned and coordinated.
(b) If applied to a minor from birth to 5 years of age, a
substantial developmental delay or a specific congenital or
acquired condition with a high probability of resulting in
developmental disability as defined in subdivision (a) if services
are not provided.
(26) "Director" means the director of the department or his or
her designee.
(27) "Discharge" means an absolute, unconditional release of
an individual from a facility by action of the facility or a court.
(28) "Eligible minor" means an individual less than 18 years
of age who is recommended in the written report of a
multidisciplinary team under rules promulgated by the department of
education to be classified as 1 of the following:
(a) Severely mentally impaired.
(b) Severely multiply impaired.
(c) Autistic impaired and receiving special education services
in a program designed for the autistic impaired under subsection
(1) of R 340.1758 of the Michigan administrative code or in a
program designed for the severely mentally impaired or severely
multiply impaired.
(29) "Emergency situation" means a situation in which an
individual is experiencing a serious mental illness or a
developmental disability, or a minor is experiencing a serious
emotional disturbance, and 1 of the following applies:
(a) The individual can reasonably be expected within the near
future to physically injure himself, herself, or another
individual, either intentionally or unintentionally.
(b) The individual is unable to provide himself or herself
food, clothing, or shelter or to attend to basic physical
activities such as eating, toileting, bathing, grooming, dressing,
or ambulating, and this inability may lead in the near future to
harm to the individual or to another individual.
(c) The individual's judgment is so impaired that he or she is
unable to understand the need for treatment and, in the opinion of
the mental health professional, his or her continued behavior as a
result of the lack of understanding of his or her mental illness,
developmental disability, or emotional disturbance can reasonably
be expected in the near future to result in physical harm to the
individual or to another individual.
(30) "Executive director" means an individual appointed under
section 226 to direct a community mental health services program or
his or her designee.
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, 426, 427a,
and
427, 427b, peace officer also includes an officer of the United
States
secret service Secret
Service with the officer's consent and
a
police officer of the veterans' administration medical center
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. 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 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
part 175 of the public health code, 1978 PA 368, MCL 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 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 Accreditation
Council
for graduate medical education Graduate Medical Education
or
the American osteopathic association, Osteopathic Association,
or who has completed 12 months of psychiatric rotation and is
enrolled in an approved residency program as described in this
subdivision.
(b) A psychiatrist employed by or under contract with the
department or a community mental health services program on March
28, 1996.
(c) A physician who devotes a substantial portion of his or
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
part 182 of the public health code, 1978 PA 368, MCL 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 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. 400b. A reference to a time frame under this chapter of
12 hours to 168 hours or an equivalent amount of days excludes
Sundays and legal holidays.
Sec. 401. (1) As used in this chapter, "person requiring
treatment" means (a), (b), (c), or (d):
(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.
(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
lack of understanding can reasonably be expected, on the
basis
of competent clinical opinion, to result in significant
physical
harm to himself, herself, or others in the near future.
This
individual shall receive involuntary mental health treatment
initially
only under the provisions of sections 434 through 438.
(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 voluntarily participate in or adhere to 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.
404. The Except as
provided in this section, the
department shall prescribe the forms to be used under this chapter,
and
all hospitals shall use department forms. Forms that may be
used
in court proceedings under this chapter shall be subject to
the
approval of the supreme court.At
the direction of the supreme
court, the state court administrative office shall prescribe the
forms used for court proceedings under this chapter.
Sec. 420. If a written notice of termination of
hospitalization is given to a hospital under section 419, if the
notice is not withdrawn, and if the hospital director determines
that
the patient is a person requiring treatment as defined in
section
401 and should remain in the
hospital, the hospital
director
or other suitable person shall within 3 days , excluding
Sundays
and holidays, after the hospital's
receipt of the notice,
file
an application a petition with the court that complies with
section
423. 434. The application petition shall
be accompanied by
1 clinical certificate executed by a psychiatrist and 1 clinical
certificate executed by either a physician or a licensed
psychologist.
If an application a
petition is filed, the hospital
may continue hospitalization of the patient pending hearings
convened
pursuant to under sections 451 to 465.
Sec. 422. (1) Each community mental health services program
shall designate the hospitals with which it has a contract to
receive
and detain individuals under section 426,
427, or 428.435,
436, or 438.
(2) Each community mental health services program shall give
notice of the hospitals designated under subsection (1) to the
department and to the probate court of each county in the program's
service area.
(3)
The department shall designate those any additional
hospitals that are required to receive and detain individuals
presented
for examination under section 426,
427, or 428.435, 436,
or 438.
Sec. 423. A hospital designated by the department or by a
community mental health services program shall hospitalize an
individual presented to the hospital, pending receipt of a clinical
certificate by a psychiatrist stating that the individual is a
person
requiring treatment, if an application, a petition, a
physician's or a licensed psychologist's clinical certificate, and
an authorization by a preadmission screening unit have been
executed. For an individual hospitalized under this section, a
petition shall have been executed not more than 10 days before the
presentation of the individual to the hospital, and the petition
must meet the conditions set forth in section 434(1) and (2).
Sec. 425. A physician's or a licensed psychologist's clinical
certificate required for hospitalization of an individual under
section 423 shall have been executed after personal examination of
the individual named in the clinical certificate, and within 72
hours
before the time the clinical certificate is filed with
received by the hospital. The clinical certificate may be executed
by any physician or licensed psychologist, including a physician or
licensed psychologist who is a staff member or employee of the
hospital
with which that received the application and clinical
certificate. are
filed.
Sec.
426. Upon delivery to a peace officer of an application a
petition and a physician's or licensed psychologist's clinical
certificate, the peace officer shall take the individual named in
the
application petition into protective custody and transport the
individual immediately to the preadmission screening unit or
hospital designated by the community mental health services program
for hospitalization under section 423. If the individual taken to a
preadmission screening unit meets the requirements for
hospitalization, then unless the community mental health services
program makes other transportation arrangements, the peace officer
shall take the individual to a hospital designated by the community
mental health services program. Transportation to another hospital
due to a transfer is the responsibility of the community mental
health services program.
Sec. 427. (1) If a peace officer observes an individual
conducting himself or herself in a manner that causes the peace
officer to reasonably believe that the individual is a person
requiring
treatment, as defined in section 401, the peace officer
may take the individual into protective custody and transport the
individual to a preadmission screening unit designated by a
community mental health services program for examination under
section 429 or for mental health intervention services. The
preadmission screening unit shall provide those mental health
intervention services that it considers appropriate or shall
provide an examination under section 429. The preadmission
screening services may be provided at the site of the preadmission
screening unit or at a site designated by the preadmission
screening unit. Upon arrival at the preadmission screening unit or
site designated by the preadmission screening unit, the peace
officer
shall execute an application a
petition for hospitalization
of the individual. As soon as practical, the preadmission screening
unit shall offer to contact an immediate family member of the
recipient to let the family know that the recipient has been taken
into protective custody and where he or she is located. The
preadmission screening unit shall honor the recipient's decision as
to whether an immediate family member is to be contacted and shall
document that decision in the recipient's record. In the course of
providing services, the preadmission screening unit may provide
advice and consultation to the peace officer, which may include a
recommendation
to transport the individual to a hospital for
examination
under section 429, or to release
the individual from
protective
custody. However, In all
cases where a peace officer has
executed a petition, the preadmission screening unit shall ensure
that an examination is conducted by a physician or licensed
psychologist. prior
to a recommendation to release the individual.
The preadmission screening unit shall ensure provision of follow-up
counseling and diagnostic and referral services if needed if it is
determined under section 429 that the person does not meet the
requirements for hospitalization.
(2) A peace officer is not financially responsible for the
cost of care of an individual for whom a peace officer has executed
an
application a petition under subsection (1).
(3) A hospital receiving an individual under subsection (1)
who has been referred by a community mental health services
program's preadmission screening unit shall notify that unit of the
results of an examination of that individual conducted by the
hospital.
Sec. 429. (1) A hospital designated under section 422 shall
receive and detain an individual presented for examination under
section
426, 427, 435,
436, or 428 438, for
not more than 24 hours.
During that time the individual shall be examined by a physician or
a licensed psychologist unless a clinical certificate has already
been presented to the hospital. If the examining physician or
psychologist does not certify that the individual is a person
requiring treatment, the individual shall be released immediately.
If the examining physician or psychologist executes a clinical
certificate, the individual may be hospitalized under section 423.
(2) If a preadmission screening unit provides an examination
under
section 409, 410, or
427, or 428, the examination
shall be
conducted as soon as possible after the individual arrives at the
preadmission screening site, and the examination shall be completed
within 2 hours, unless there are documented medical reasons why the
examination cannot be completed within that time frame or other
arrangements are agreed upon by the peace officer and the
preadmission screening unit.
Sec. 431. (1) Within 24 hours after receipt of a clinical
certificate
by a psychiatrist pursuant according
to section 430,
the hospital director shall transmit a notice to the court that the
patient
has been hospitalized. The notice shall be accompanied by a
copy
of the application the
petition and copies of the 2
clinical
certificates that were executed.
(2)
A copy of the application, petition,
a copy of the 2
clinical certificates, and a statement of the right of the patient
to court hearings under sections 451 to 465 shall also be given or
mailed to the patient's nearest relative, his or her guardian, if
any, and to his or her attorney.
(3) The patient shall be asked if he or she desires that the
documents listed in subsection (2) be sent to any other persons,
and at least 2 of any persons the patient designates shall be sent
the documents.
Sec. 434. (1) Any individual 18 years of age or over may file
with the court a petition that asserts that an individual is a
person
requiring treatment. as defined in section 401.
(2) 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, and, if known, the name and address of the
nearest relative or guardian, or, if none, a friend, if known, of
the individual.
(3)
The Except as provided in
subsection (6), the petition
shall be accompanied by the clinical certificate of a physician or
a licensed psychologist, unless after reasonable effort the
petitioner could not secure an examination. If a clinical
certificate does not accompany the petition, an affidavit setting
forth the reasons an examination could not be secured shall also be
filed. The petition may also be accompanied by a second clinical
certificate. If 2 clinical certificates accompany the petition, at
least 1 clinical certificate shall have been executed by a
psychiatrist.
(4) Except as otherwise provided in subsection (6) and section
455, a clinical certificate that accompanies a petition shall have
been executed within 72 hours before the filing of the petition,
and after personal examination of the individual.
(5) The petition described in this section may assert that the
subject of the petition should receive assisted outpatient
treatment in accordance with section 468(2)(e).
(6) A petition that does not seek hospitalization but only
requests that the subject of the petition receive assisted
outpatient treatment is not subject to subsection (3) or (4).
Sec. 435. (1) If the petition is accompanied by 1 clinical
certificate, the court shall order the individual to be examined by
a psychiatrist.
(2) If the petition is not accompanied by a clinical
certificate, and if the court is satisfied a reasonable effort was
made to secure an examination, the court shall order the individual
to be examined by a psychiatrist and either a physician or a
licensed psychologist.
(3) The individual may be received and detained at the place
of examination as long as necessary to complete the examination or
examinations, but not more than 24 hours.
(4) After any examination ordered under this section, the
examining physician or licensed psychologist shall either transmit
a clinical certificate to the court or report to the court that
execution of a clinical certificate is not warranted.
(5) If 1 examination was ordered and the examining physician
or licensed psychologist reports that execution of a clinical
certificate is not warranted, or if 2 examinations were ordered and
1 of the examining physicians or the licensed psychologist reports
that execution of a clinical certificate is not warranted, the
court shall dismiss the petition or order the individual to be
examined by a psychiatrist, or if a psychiatrist is not available,
by a physician or licensed psychologist. If a third examination
report states that execution of a clinical certificate is not
warranted, the court shall dismiss the petition.
Sec. 438. If it appears to the court that the individual
requires immediate involuntary mental health treatment in order to
prevent physical harm to himself or herself, or others, the court
may order the individual hospitalized and may order a peace officer
to take the individual into protective custody and transport the
individual to a preadmission screening unit designated by the
community mental health services program. If the preadmission
screening unit authorizes hospitalization, the peace officer shall
transport the individual to a hospital designated by the community
mental health services program, unless other arrangements are
provided by the preadmission screening unit. If the examinations
and clinical certificates of the psychiatrist, and the physician or
the licensed psychologist, are not completed within 24 hours after
hospitalization, the individual shall be released.
Sec. 447. Immediately after an individual is received at a
hospital
for hospitalization under section 423 or 438, or for
examination under any provision of this chapter, he or she shall be
allowed to complete a reasonable number of telephone calls to
persons of his or her own choice. In no event shall the calls be
limited to less than 2. If the individual has insufficient funds on
his or her person, at least 2 calls shall be allowed at the expense
of the hospital.
Sec. 448. (1) Not later than 12 hours after an individual is
hospitalized
under section 423 or 438, the hospital director shall
ensure that the individual receives all of the following:
(a)
A copy of the application or petition that asserted that
the individual is a person requiring treatment.
(b) A written statement explaining that the individual will be
examined by a psychiatrist within 24 hours after his or her
hospitalization. ,
excluding legal holidays.
(c) A written statement in simple terms explaining the rights
of
the individual to a full court hearing pursuant according to
sections 451 to 465, to be present at the hearing, to be
represented by legal counsel, to a jury trial, and to an
independent clinical evaluation.
(2) If the individual is unable to read or understand the
written materials, every effort shall be made to explain them to
him or her in a language he or she understands, and a note of the
explanation and by whom made shall be entered into his or her
patient record.
(3)
An individual awaiting a court hearing mandated pursuant
to
under section 452 may sign a form provided by the
department
accepting psychotropic drugs and other treatment without having to
consent to the hospitalization, unless the hospital director has
reason to believe the individual is not capable of giving informed
consent to treatment.
Sec. 449. The hospital director shall ensure that an
individual
who is hospitalized pursuant to under
section 423 or 438
receives a copy of each clinical certificate executed in connection
with the individual's hospitalization. Each clinical certificate
shall be delivered to the individual within 24 hours of either the
clinical
certificate's completion or the receipt of the clinical
certificate by the hospital.
Sec. 451. Court hearings convened under authority of this
chapter
shall be are governed by sections 452 to 465, except that
sections 453(2), 453a, and 455(3) to (11) do not apply to a
petition seeking only assisted outpatient treatment.
Sec. 452. (1) The court shall fix a date for every hearing
convened
under this chapter. The Except
as provided in subsection
(2), the hearing shall be convened promptly, but not more than 7
days ,
excluding Sundays and holidays, after
the court's receipt of
any of the following:
(a)
An application for hospitalization, which shall serve as a
petition
for a determination that an individual is a person
requiring
treatment, a clinical certificate executed by a physician
or
a licensed psychologist, and a clinical certificate executed by
a
psychiatrist.
(a) (b)
A petition for a determination that
an individual is a
person requiring treatment, a clinical certificate executed by a
physician or a licensed psychologist, and a clinical certificate
executed by a psychiatrist.
(b) (c)
A petition for a determination that
an individual
continues to be a person requiring treatment and a clinical
certificate executed by a psychiatrist.
(c) (d)
A petition for discharge filed
under section 484.
(e)
A petition for discharge filed under section 485 and a
physician's
or a licensed psychologist's clinical certificate.
(d) (f)
A demand or notification that a
hearing that has been
temporarily
deferred under section 455(5) 455(6)
be convened.
(2) A hearing for a petition under section 434(6) shall be
convened not more than 28 days after the filing of the petition.
Sec. 454. (1) Every individual who is the subject of a
petition is entitled to be represented by legal counsel.
(2) Unless an appearance has been entered on behalf of the
subject of a petition, the court shall, within 48 hours after its
receipt of any petition together with the other documents required
by section 452, appoint counsel to represent the subject of the
petition,
except that if an individual has been hospitalized, under
section
423 or 438, counsel shall be
appointed within 24 hours
after the hospitalization.
(3) If, after consultation with appointed counsel, the subject
of a petition desires to waive his or her right to counsel, he or
she may do so by notifying the court in writing.
(4) If the subject of a petition prefers counsel other than
the initially appointed counsel, the preferred counsel agrees to
accept the appointment, and the court is notified of the preference
by the subject of the petition or the preferred counsel, the court
shall replace the initially appointed counsel with the preferred
counsel.
(5) If the subject of a petition is indigent, the court shall
compensate appointed counsel from court funds in an amount that is
reasonable and based upon time and expenses.
(6) The supreme court may, by court rule, establish the
compensation to be paid for counsel of indigents and may require
that counsel be appointed from a system or organization established
for the purpose of providing representation in proceedings governed
by this chapter.
(7) Legal counsel shall consult in person with the subject of
a petition at least 24 hours before the time set for a court
hearing.
(8) Legal counsel for the subject of a petition under section
452(a) or (b) who is hospitalized pending the court hearing shall
consult
in person with the individual not more than 72 hours ,
excluding
Sundays and holidays, after the
petition and 2 clinical
certificates have been filed with the court.
(9) After the consultation required in subsection (7) or (8),
counsel promptly shall file with the court a certificate stating
that he or she personally has seen and has consulted with the
subject of a petition as required by this section.
Sec. 455. (1) The subject of a petition has the right to be
present at all hearings. This right may be waived by a waiver of
attendance signed by the subject of a petition, witnessed by his or
her legal counsel, and filed with the court or it may be waived in
open court at a scheduled hearing. The subject's right to be
present at a hearing is considered waived by the subject's failure
to attend the hearing after receiving notice required by section
453 and any applicable court rule, providing the subject has had an
opportunity to consult with counsel as required under section 454.
The court may exclude the subject from a hearing if the subject's
behavior at the hearing makes it impossible to conduct the hearing.
The court shall enter on the record its reasons for excluding the
subject of a petition from the hearing. The subject's presence may
be waived by the court if there is testimony by a physician or
licensed psychologist who has recently observed the subject that
the subject's attendance would expose him or her to serious risk of
physical harm.
(2) The subject of the petition under section 434, after
consultation with counsel, may stipulate to the entry of any order
for treatment.
(3) (2)
The subject of a petition under
section 452(a) or (b)
434 who is hospitalized pending the court hearing, within 72 hours
,
excluding Sundays and holidays, after
the petition and clinical
certificates have been filed with the court, shall meet with legal
counsel, a treatment team member assigned by the hospital director,
a person assigned by the executive director of the responsible
community mental health services program or other program, and, if
possible, a person designated by the subject of the petition, in
order to be informed of all of the following:
(a) The proposed plan of treatment in the hospital.
(b) The nature and possible consequences of commitment
procedures.
(c) The proposed plan of treatment in the community consisting
of either an alternative to hospitalization or a combination of
hospitalization and alternative treatment with hospitalization not
to exceed 60 days.
(d) The right to request that the hearing be temporarily
deferred, with a continuing right to demand a hearing during the
deferral period. The deferral period shall be 60 days if the
individual chooses to remain hospitalized, or 90 days if the
individual chooses alternative treatment or a combination of
hospitalization and alternative treatment.
(4) (3)
The person designated by the
subject of the petition
under
subsection (2) (3) may be any person who is willing and able
to attend the meeting, including a representative of an advocacy
group or the recipient rights adviser of the hospital.
(5) (4)
The hospital in which the subject
of a petition under
section
452(a) or (b) 434 is hospitalized shall notify the
participants
of the meeting required by subsection (2).(3).
(6) (5)
The subject of a petition under
section 452(a) or (b)
434 who is hospitalized pending the court hearing may file with the
court a request to temporarily defer the hearing for not longer
than 60 days if the individual chooses to remain hospitalized, or
90 days if the individual chooses alternative treatment or a
combination of hospitalization and alternative treatment. The
request shall include a stipulation that the individual agrees to
remain hospitalized and to accept treatment as may be prescribed
for the deferral period, or to accept and follow the proposed plan
of
treatment as described in subsection (2)(c) (3)(c) for
the
deferral period, and further agrees that at any time the individual
may refuse treatment and demand a hearing under section 452. The
request to temporarily defer the hearing shall be on a form
provided by the department and signed by the individual in the
presence of his or her legal counsel and shall be filed with the
court by legal counsel.
(7) (6)
Upon receipt of the request and
stipulation under
subsection (6), the court shall temporarily defer the hearing.
During the deferral period, both the original petition and the
clinical
certificates remain valid. However, if If the hearing is
convened, the court may require additional clinical certificates
and information from the provider. The court shall retain
continuing jurisdiction during the deferral period.
(8) (7)
Upon receipt of a copy of the
request to temporarily
defer
the hearing under subsection (5), (6), if the individual has
agreed
to remain hospitalized, as described in subsection (2)(a) or
(c),
the hospital director shall treat
the individual as a formal
voluntary patient without requiring the individual to sign formal
voluntary admission forms. If the individual, at any time during
the period in which the hearing is being deferred, refuses the
prescribed treatment or requests a hearing, either in writing or
orally, treatment shall cease, the hospitalized individual shall
remain hospitalized with the status of the subject of a petition
under
section 452(a) or (b), 434,
and the court shall be notified
to
convene a hearing under section 452(f).452(1)(d).
(9) (8)
Upon receipt of a copy of the
request to temporarily
defer
the hearing under subsection (5), (6), if the individual has
agreed to participate in an alternative to hospitalization in the
community, the hospital director shall release the individual from
the hospital to the alternative treatment provider. If the
individual, at any time during the deferral period, refuses the
prescribed treatment or requests a hearing, either in writing or
orally, treatment shall cease and the court shall be notified to
convene
a hearing under section 452(f). 452(1)(d).
Upon
notification, the court shall, if necessary, order a peace officer
to transport the individual to the hospital where the individual
shall remain until the hearing is convened. The individual shall be
given
the status of the subject of a petition under section 452(a)
or
(b).434.
(10) (9)
If the individual has remained
hospitalized and if,
not earlier than 14 days nor later than 7 days before the
expiration of the deferral period, the hospital director believes
that the condition of the individual is such that he or she
continues to require treatment, and believes that the individual
will not agree to sign a formal voluntary admission request or is
considered by the hospital not to be suitable for voluntary
admission, the hospital director shall notify the court to convene
a
hearing under section 452(f).452(1)(d).
(11) (10)
If the individual is participating
in an alternative
to hospitalization in the community as described in subsection
(2)(c)
(3)(c) and if, not earlier than 14 days nor later than 7
days before the expiration of the deferral period, the executive
director of the community mental health services program
responsible for the treatment that is an alternative to
hospitalization believes that the condition of the individual is
such that he or she continues to require treatment, and believes
that the individual will not agree to accept treatment voluntarily
or is considered by the alternative treatment program provider not
suitable for voluntary treatment, the executive director shall
notify the court to convene a hearing under section
452(f).452(1)(d).
Sec. 463. (1) If requested before the first scheduled hearing
or at the first scheduled hearing before the first witness has been
sworn
on an application or a petition, the subject of a petition in
a hearing under this chapter has the right at his or her own
expense, or if indigent, at public expense, to secure an
independent clinical evaluation by a physician, psychiatrist, or
licensed psychologist of his or her choice relevant to whether he
or she requires treatment, whether he or she should be hospitalized
or receive treatment other than hospitalization, and whether he or
she is of legal capacity.
(2) Compensation for an evaluation performed by a physician or
a licensed psychologist shall be in an amount that is reasonable
and based upon time and expenses.
(3) The independent clinical evaluation described in this
section is for the sole use of the subject of the petition. The
independent clinical evaluation or the testimony of the individual
performing the evaluation shall not be introduced into evidence
without the consent of the subject of the petition.
Sec.
468. (1) If For a petition
filed under section 434, if
the court finds that an individual is not a person requiring
treatment, the court shall enter a finding to that effect and, if
the person has been hospitalized before the hearing, shall order
that the person be discharged immediately.
(2)
If For a petition filed
under section 434, if an
individual is found to be a person requiring treatment, the court
shall do 1 of the following:
(a) Order the individual hospitalized in a hospital
recommended by the community mental health services program or
other entity.
(b) Order the individual hospitalized in a private or veterans
administration hospital at the request of the individual or his or
her family, if private or federal funds are to be utilized and if
the hospital agrees. If the individual is hospitalized in a private
or
veterans administration Veterans
Administration hospital
pursuant
to under this subdivision, any financial obligation for
the hospitalization shall be satisfied from funding sources other
than the community mental health services program, the department,
or other state or county funding.
(c) Order the individual to undergo a program of treatment
that is an alternative to hospitalization and that is recommended
by the community mental health services program or other entity.
(d) Order the individual to undergo a program of combined
hospitalization and alternative treatment or hospitalization and
assisted outpatient treatment, as recommended by the community
mental health services program or other entity.
(e) Order the individual to receive assisted outpatient
treatment through a community mental health services program or
other entity capable of providing the necessary treatment and
services to assist the individual to live and function in the
community as specified in the order. The court may include case
management services and 1 or more of the following:
(i) Medication.
(ii) Blood or urinalysis tests to determine compliance with or
effectiveness of prescribed medication.
(iii) Individual or group therapy, or both.
(iv) Day or partial day programs.
(v) Educational or vocational training.
(vi) Supervised living.
(vii) Assisted community treatment team services.
(viii) Substance use disorder treatment.
(ix) Substance use disorder testing for individuals with a
history of alcohol or substance use and for whom that testing is
necessary to assist the court in ordering treatment designed to
prevent deterioration. A court order for substance use testing is
subject to review once every 180 days.
(x) Any other services prescribed to treat the individual's
mental illness and either to 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.
(3) In developing an assisted outpatient treatment order, the
court shall consider any preference or medication experience
reported by the individual or his or her designated representative,
whether or not the individual has an existing individual plan of
services under section 712, and any direction included in a durable
power of attorney or advance directive that exists.
(4) Before an order of assisted outpatient treatment expires,
if the individual has not previously designated a patient advocate
or executed an advance directive, the responsible community mental
health services program or other entity shall ascertain whether the
individual desires to establish an advance directive. If so, the
community mental health services program or other entity shall
direct the individual to the appropriate community resource for
assistance in developing an advance directive.
(5) If an order for assisted outpatient treatment 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 order for
assisted outpatient treatment 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
conflict.
Sec.
469a. (1) Before Except
for a petition filed as described
under section 434(6), before ordering a course of treatment for an
individual found to be a person requiring treatment, the court
shall review a report on alternatives to hospitalization that was
prepared under section 453a not more than 15 days before the court
issues the order. After reviewing the report, the court shall do
all of the following:
(a) Determine whether a treatment program that is an
alternative to hospitalization or that follows an initial period of
hospitalization is adequate to meet the individual's treatment
needs and is sufficient to prevent harm that the individual may
inflict upon himself or herself or upon others within the near
future.
(b) Determine whether there is an agency or mental health
professional available to supervise the individual's alternative
treatment program.
(c) Inquire as to the individual's desires regarding
alternatives to hospitalization.
(2) If the court determines that there is a treatment program
that is an alternative to hospitalization that is adequate to meet
the individual's treatment needs and prevent harm that the
individual may inflict upon himself or herself or upon others
within the near future and that an agency or mental health
professional is available to supervise the program, the court shall
issue an order for alternative treatment or combined
hospitalization and alternative treatment in accordance with
section 472a. The order shall state the community mental health
services program or, if private arrangements have been made for the
reimbursement of mental health treatment services in an alternative
setting, the name of the mental health agency or professional that
is directed to supervise the individual's alternative treatment
program. The order may provide that if an individual refuses to
comply with a psychiatrist's order to return to the hospital, a
peace officer shall take the individual into protective custody and
transport the individual to the hospital selected.
(3) If the court orders assisted outpatient treatment as the
alternative
to hospitalization, the order shall require assisted
outpatient
treatment through a community mental health services
program
or any other publicly-funded entity necessary for
fulfillment
of the assisted outpatient treatment plan. The order
shall
include case management services. The order for assisted
outpatient
treatment may include 1 or more of the following:be
consistent with the provisions of section 468(2)(e).
(a)
Medication.
(b)
Blood or urinalysis tests to determine compliance with
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)
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 executed
a
durable power of attorney or 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 offer to provide assistance in developing an advance
directive.
(5)
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.
Sec.
472a. (1) Upon the receipt of an application under
section
423 or filing of a petition under section 434 and a finding
that an individual is a person requiring treatment, the court shall
issue an initial order of involuntary mental health treatment that
shall be limited in duration as follows:
(a) An initial order of hospitalization shall not exceed 60
days.
(b) Except as provided in subdivision (d), an initial order of
alternative treatment shall not exceed 90 days.
(c) Except as provided in subdivision (e), an initial order of
combined hospitalization and alternative treatment shall not exceed
90 days. The hospitalization portion of the initial order shall not
exceed 60 days.
(d) An initial order of assisted outpatient treatment shall
not exceed 180 days.
(e) An initial order of combined hospitalization and assisted
outpatient treatment shall not exceed 180 days. The hospitalization
portion of the initial order shall not exceed 60 days.
(2) Upon the receipt of a petition under section 473 before
the expiration of an initial order under subsection (1) and a
finding that the individual continues to be a person requiring
treatment, the court shall issue a second order for involuntary
mental health treatment that shall be limited in duration as
follows:
(a) A second order of hospitalization shall not exceed 90
days.
(b) A second order of alternative treatment or assisted
outpatient treatment shall not exceed 1 year.
(c) A second order of combined hospitalization and alternative
treatment or hospitalization and assisted outpatient treatment
shall not exceed 1 year. The hospitalization portion of the second
order shall not exceed 90 days.
(3) Upon the receipt of a petition under section 473 before
the expiration of a second order under subsection (2) and a finding
that the individual continues to be a person requiring treatment,
the court shall issue a continuing order for involuntary mental
health treatment that shall be limited in duration as follows:
(a) A continuing order of hospitalization shall not exceed 1
year.
(b) A continuing order of alternative treatment or assisted
outpatient treatment shall not exceed 1 year.
(c) A continuing order of combined hospitalization and
alternative treatment or hospitalization and assisted outpatient
treatment shall not exceed 1 year. The hospitalization portion of a
continuing order for combined hospitalization and alternative
treatment or hospitalization and assisted outpatient treatment
shall not exceed 90 days.
(4) Upon the receipt of a petition under section 473 before
the expiration of a continuing order of involuntary mental health
treatment, including a continuing order issued under section 485a
or a 1-year order of hospitalization issued under former section
472, and a finding that the individual continues to be a person
requiring treatment, the court shall issue another continuing order
for involuntary mental health treatment as provided in subsection
(3) for a period not to exceed 1 year. The court shall continue to
issue consecutive 1-year continuing orders for involuntary mental
health treatment under this section until a continuing order
expires without a petition having been filed under section 473 or
the court finds that the individual is not a person requiring
treatment.
(5) If a petition for an order of involuntary mental health
treatment is not brought under section 473 at least 14 days before
the expiration of an order of involuntary mental health treatment
as described in subsections (2) to (4), a person who believes that
an individual continues to be a person requiring treatment may file
a petition under section 434 for an initial order of involuntary
mental health treatment as described in subsection (1).
(6)
An individual who on March 28, 1996 was subject to an
order
of continuing hospitalization for an indefinite period of
time
shall be brought for hearing no later than 15 days after the
date
of the second 6-month review that occurs after March 28, 1996.
If
the court finds at the hearing that the individual continues to
be
a person requiring treatment, the court shall enter a continuing
order
of involuntary mental health treatment as described in
subsection
(3).
Sec. 474. (1) If an individual is subject to a combined order
of hospitalization and either alternative treatment or assisted
outpatient treatment, the decision to release the individual from
the hospital to the alternative treatment program or assisted
outpatient treatment program shall be a clinical decision made by a
psychiatrist designated by the hospital director in consultation
with the director of the alternative program or the assisted
outpatient treatment program. If the hospital is operated by or
under contract with the department or a community mental health
services program and private payment arrangements have not been
made, the decision shall be made in consultation with the treatment
team designated by the executive director of the community mental
health services program. Notice of the return of the individual to
the alternative treatment program or to the assisted outpatient
treatment program shall be provided to the court with a statement
from a psychiatrist explaining the belief that the individual is
clinically appropriate for alternative treatment or assisted
outpatient treatment. At least 5 days before releasing an
individual from the hospital to the alternative treatment program
or assisted outpatient treatment program, the hospital director
shall notify the agency or mental health professional that is
responsible to supervise the individual's alternative treatment
program or assisted outpatient treatment program that the
individual is about to be released. The hospital shall share
relevant information about the individual with the supervising
agency or professional for the purpose of providing continuity of
treatment.
(2) If there is a disagreement between the hospital and the
executive director regarding the decision to release the individual
to the alternative treatment program or assisted outpatient
treatment program, either party may appeal in writing to the
department director within 24 hours of the decision. The department
director shall designate the psychiatrist responsible for clinical
affairs in the department, or his or her designee, who shall also
be a psychiatrist, to consider the appropriateness of the release
and make a decision within 48 hours after receipt of the written
appeal. Either party may appeal the decision of the department to
the
court in writing within 24 hours , excluding Sundays and
holidays,
after the department's decision.
(3) If private arrangements have been made for the
reimbursement of mental health treatment services in an alternative
setting and there is a disagreement between the hospital and the
director of the alternative treatment program or assisted
outpatient treatment program regarding the decision to release the
individual, either party may petition the court for a determination
of whether the individual should be released from the hospital to
the alternative treatment program or assisted outpatient treatment
program.
(4)
The court shall make a decision within 48 hours ,
excluding
Sundays and holidays, after receipt
of a written appeal
under subsection (2) or a petition under subsection (3). The court
shall consider information provided by both parties and may appoint
a psychiatrist to provide an independent clinical examination.
Sec. 474a. During the period of an order of combined
hospitalization and alternative treatment or combined
hospitalization and assisted outpatient treatment, hospitalization
may be used as clinically appropriate and when ordered by a
psychiatrist, for up to the maximum period for hospitalization
specified in the order. Subject to section 475, the decision to
hospitalize the individual shall be made by the director of the
alternative treatment program or assisted outpatient treatment
program, who shall notify the court when the individual is
hospitalized. The notice to the court shall include a statement
from a psychiatrist explaining the need for hospitalization.
Sec. 475. (1) During the period of an order for alternative
treatment or combined hospitalization and alternative treatment, if
the agency or mental health professional who is supervising an
individual's alternative treatment program determines that the
individual is not complying with the court order or that the
alternative treatment has not been or will not be sufficient to
prevent harm that the individual may inflict on himself or herself
or upon others, then the supervising agency or mental health
professional shall notify the court immediately. If the individual
believes that the alternative treatment program is not appropriate,
the individual may notify the court of that fact.
(2) If it comes to the attention of the court that an
individual subject to an order of alternative treatment or combined
hospitalization and alternative treatment is not complying with the
order, that the alternative treatment has not been or will not be
sufficient to prevent harm to the individual or to others, or that
the individual believes that the alternative treatment program is
not appropriate, the court may do either of the following without a
hearing and based upon the record and other available information:
(a) Consider other alternatives to hospitalization and modify
the order to direct the individual to undergo another program of
alternative treatment for the duration of the order.
(b) Modify the order to direct the individual to undergo
hospitalization or combined hospitalization and alternative
treatment. The duration of the hospitalization, including the
number of days the individual has already been hospitalized if the
order being modified is a combined order, shall not exceed 60 days
for an initial order or 90 days for a second or continuing order.
The modified order may provide that if the individual refuses to
comply with the psychiatrist's order to return to the hospital, a
peace officer shall take the individual into protective custody and
transport the individual to the hospital selected.
(3) During the period of an order for assisted outpatient
treatment or a combination of hospitalization and assisted
outpatient treatment, if the agency or mental health professional
who is supervising an individual's assisted outpatient treatment
determines that the individual is not complying with the court
order, the supervising agency or mental health professional shall
notify the court immediately.
(4) If it comes to the attention of the court that an
individual subject to an order of assisted outpatient treatment or
a combination of hospitalization and assisted outpatient treatment
is not complying with the order, the court may require 1 or more of
the following, without a hearing:
(a) That the individual be taken to the preadmission screening
unit established by the community mental health services program
serving the community in which the individual resides.
(b) That the individual be hospitalized for a period of not
more than 10 days.
(c) Upon recommendation by the community mental health
services program serving the community in which the individual
resides, that the individual be hospitalized for a period of more
than 10 days, but not longer than the duration of the order for
assisted outpatient treatment or a combination of hospitalization
and assisted outpatient treatment, or not longer than 90 days,
whichever is less.
(5) The court may direct peace officers to transport the
individual to a designated facility or a preadmission screening
unit, as applicable, and the court may specify conditions under
which the individual may return to assisted outpatient treatment
before the order expires.
(6) An individual hospitalized without a hearing as provided
in subsection (4) may object to the hospitalization according to
the provisions of section 475a.
Enacting section 1. Sections 116a, 424, 428, and 433 of the
mental health code, 1974 PA 258, MCL 330.1116a, 330.1424, 330.1428,
and 330.1433, are repealed.
Enacting section 2. This amendatory act takes effect 90 days
after the date it is enacted into law.