Michigan StatutesAct 258 of 1974 - MENTAL HEALTH CODE (330.1001 - 330.2106)
- 258-1974-1 - CHAPTER 1 DEPARTMENT OF MENTAL HEALTH (330.1100...330.1164)
- Section 330.1100 - Definitions.
- Section 330.1100a - Definitions; A to E.
- Section 330.1100b - Definitions; F to N.
- Section 330.1100c - Definitions; P to R.
- Section 330.1100d - Definitions; S to W.
- Section 330.1102 - Department; establishment.
- Section 330.1104 - Director as head of department; authority; delegation; appointment of medical director of mental health services; clinical psychiatric decisions.
- Section 330.1106 - Director; appointment, term, and qualifications.
- Section 330.1108 - Director; compensation; restriction.
- Section 330.1110 - Citizens mental health advisory council.
- Section 330.1112 - Internal organization of department.
- Section 330.1113 - Injury to employee as result of assault by recipient of mental health services; compensation and fringe benefits.
- Section 330.1114 - Rules.
- Section 330.1114a - Applicability of provisions requiring or permitting rule promulgation.
- Section 330.1116 - Powers and duties of department.
- Section 330.1116a - Assisted outpatient treatment services; report.
- Section 330.1118 - Official name of facility; terminology.
- Section 330.1120 - Official head of facility.
- Section 330.1122 - Geographical service districts.
- Section 330.1124 - Waiting lists for admissions.
- Section 330.1126 - Admission or services appropriate to individual's condition or needs; duration of treatment.
- Section 330.1128 - Center for forensic psychiatry.
- Section 330.1130 - Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
- Section 330.1132 - Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
- Section 330.1134 - Psychiatric hospitals, psychiatric units, and psychiatric partial hospitalization programs; licensing; criteria; coordination, cooperation, and agreements with state agencies; purpo
- Section 330.1134a - Employing, contracting, or granting clinical privileges to individuals; prohibitions; criminal history check; conditional employment or granting clinical privileges; false informat
- Section 330.1134a.amended - Employing, contracting, or granting clinical privileges to individuals; prohibitions; criminal history check; conditional employment or granting clinical privileges; false
- Section 330.1135 - Rules; exemption.
- Section 330.1136 - Administration of MCL 330.1134 to 330.1150; rules.
- Section 330.1137 - Psychiatric hospital, psychiatric unit, or psychiatric partial hospitalization program; license required; disclosures; provisional license; violation; penalty; biennial licensure; f
- Section 330.1138 - Original or biennial license; inspection and approval by bureau of fire services.
- Section 330.1139 - Permit and license fees.
- Section 330.1140 - Premises of applicant or licensee; right of entry.
- Section 330.1141 - Record of patient.
- Section 330.1142 - Compliance with nondiscriminatory laws.
- Section 330.1143 - Governing body of facility; duties; direct transfer or hospitalization of clients.
- Section 330.1143a - Review of professional practices; scope; confidentiality; disclosure.
- Section 330.1143b - Patient referral; money or other consideration prohibited; violation; penalty.
- Section 330.1144 - Suspension, denial, or revocation of license; notice.
- Section 330.1145 - Hearing.
- Section 330.1146 - Appeal.
- Section 330.1147 - Exemptions.
- Section 330.1148 - Use of terms “psychiatric hospital,”“psychiatric unit,” or “psychiatric partial hospitalization program.”
- Section 330.1149 - Actions.
- Section 330.1149b - Compliance with medical waste regulatory act.
- Section 330.1150 - Violation.
- Section 330.1152 - Adult foster care facility; noncompliance with contract, agreement, or arrangement; notice; suspension, revocation, or cancellation.
- Section 330.1153 - Rules for placement of mentally ill or developmentally disabled adults into community based dependent living settings or programs; rules for certification of specialized programs; i
- Section 330.1155 - Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
- Section 330.1156 - Family support subsidy program; establishment; purpose.
- Section 330.1157 - Rules; creation and contents of application forms.
- Section 330.1158 - Effect of approval of application; contract; report.
- Section 330.1158a - Family support subsidy payments not alienable.
- Section 330.1159 - Termination or denial of family support subsidy; hearing.
- Section 330.1160 - Family support subsidies; payment; adjustment of amounts.
- Section 330.1161 - Annual evaluation of program.
- Section 330.1162 - Office of multicultural services; creation; director.
- Section 330.1163 - Standing committee on multicultural services; appointment of members; purpose.
- Section 330.1164 - Duties of office.
- 258-1974-10 - CHAPTER 10 CRIMINAL PROVISIONS (330.2000...330.2050)
- 258-1974-11 - CHAPTER 11 (330.2100...330.2106)
- 258-1974-2 - CHAPTER 2 COUNTY COMMUNITY MENTAL HEALTH PROGRAMS (330.1200...330.1246)
- Section 330.1200 - Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
- Section 330.1200a - “Charter county” defined.
- Section 330.1201 - Rules.
- Section 330.1202 - Community mental health services programs; state support.
- Section 330.1204 - Community mental health services program as county community mental health agency, community mental health organization, or community mental health authority; official county agency
- Section 330.1204a - Creation of community mental health organization by two or more counties; creation of community mental health organization by one or more counties and institution of higher educati
- Section 330.1204b - Regional entity.
- Section 330.1205 - Community mental health authority.
- Section 330.1206 - Community mental health services program; purpose; services.
- Section 330.1207 - Diversion from jail incarceration.
- Section 330.1208 - Individuals to which service directed; priorities; denial of service prohibited.
- Section 330.1209 - Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
- Section 330.1209a - Prerelease plan for community placement and aftercare services; development; contracting for services; advance notice of patient release; release plan; postrelease plan; disclosure
- Section 330.1209b - Placement of individual in supervised community living arrangement; prerelease and postrelease planning; plan for community placement and aftercare services; sending department agg
- Section 330.1209d - Review of outcomes, programs, treatment, and community services rendered in community settings; standards.
- Section 330.1210 - Community mental health services program; election to establish.
- Section 330.1212 - Board; establishment; appointment of members.
- Section 330.1214 - Board; county representation.
- Section 330.1216 - Board; appointment of 6 members by city.
- Section 330.1218 - Joining established services program.
- Section 330.1219 - Merger of services programs; appointment of members to new board; compliance with MCL 330.1212, 330.1214, and 330.1222.
- Section 330.1220 - Services program; termination of participation; notice.
- Section 330.1221 - Repealed. 1990, Act 263, Eff. Jan. 1, 1993.
- Section 330.1222 - Board; composition; residence of members; exclusions; approval of contract; exception; size of board in excess of MCL 330.1212; compliance.
- Section 330.1224 - Board; terms of members; vacancy; removal from office; compensation; expenses.
- Section 330.1226 - Board; powers and duties; appointment of executive director; reimbursement to program providing assisted outpatient treatment services.
- Section 330.1226a - Board; special fund account.
- Section 330.1227 - School-to-community transition services.
- Section 330.1228 - Board; contracts.
- Section 330.1230 - Services program; executive director as chief executive and administrative officer; terms and conditions of employment.
- Section 330.1231 - Medical director; appointment; duties.
- Section 330.1232 - Services program; review of annual plan, needs assessment, request for funds, annual contract, and budget; eligibility for state support; allocation of funds.
- Section 330.1232a - Rules; certification and review process standards; compliance.
- Section 330.1232b - Specialty prepaid health plans.
- Section 330.1234 - Services program; review of proposed contract and operating budget; criteria.
- Section 330.1236 - Services program; review of expenditures; withdrawal of funds.
- Section 330.1238 - Review of actions involving disapproval of proposed contract and operating budget, allocation of funds, or withdrawal of funds; consultation.
- Section 330.1240 - Expenditures eligible for state financial support.
- Section 330.1241 - Adult foster care facilities; expenses eligible for state financial support.
- Section 330.1242 - Expenditures ineligible for state financial support.
- Section 330.1244 - Additional powers and duties of department.
- Section 330.1245 - Granting staff privileges to psychiatrists.
- Section 330.1246 - Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
- 258-1974-3 - CHAPTER 3 STATE AND COUNTY FINANCIAL RESPONSIBILITY (330.1300...330.1320)
- 258-1974-4 - CHAPTER 4 CIVIL ADMISSION AND DISCHARGE PROCEDURES: MENTAL ILLNESS (330.1400...330.1497)
- 258-1974-4A - CHAPTER 4A CIVIL ADMISSION AND DISCHARGE PROCEDURES FOR EMOTIONALLY DISTURBED MINORS (330.1498a...330.1498t)
- 258-1974-5 - CHAPTER 5 CIVIL ADMISSION AND DISCHARGE PROCEDURES: DEVELOPMENTAL DISABILITIES (330.1500...330.1541)
- 258-1974-6 - CHAPTER 6 GUARDIANSHIP FOR THE DEVELOPMENTALLY DISABLED (330.1600...330.1644)
- Section 330.1600 - Definitions.
- Section 330.1602 - Guardianship; use; design; limitation; partial guardianship.
- Section 330.1604 - Jurisdiction; provisions applicable to appointment of guardian.
- Section 330.1606 - Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978.
- Section 330.1607 - Court as guardian; appointment of temporary guardian; hearing; rights and privileges of respondent.
- Section 330.1608 - Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978.
- Section 330.1609 - Petition for appointment of guardian; filing; contents.
- Section 330.1610 - Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978.
- Section 330.1612 - Petition for appointment of guardian; accompanying report; psychological tests; evaluations; availability of report.
- Section 330.1614 - Hearings; date and place; notice.
- Section 330.1615 - Right to legal counsel; appointment of counsel; preferred counsel; compensation of appointed counsel.
- Section 330.1616 - Guardian ad litem.
- Section 330.1617 - Right to jury; evidence; witnesses; closing hearing to public; presence of respondent; testimony of person who prepared report or performed evaluation; independent evaluation.
- Section 330.1618 - Hearing; powers and duties of court.
- Section 330.1620 - Contents of court order establishing partial guardianship; legal and civil rights; effect of appointment of partial guardian.
- Section 330.1622 - Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978.
- Section 330.1623 - Placement of individual with developmental disability in facility; appropriateness of placement; appropriate treatment and residential programs; reports from public agencies.
- Section 330.1624 - Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978.
- Section 330.1626 - Duration of term of guardianship; new petition for guardianship.
- Section 330.1628 - Qualifications of guardian; preference.
- Section 330.1629 - Routine or emergency medical treatment or surgery or extraordinary procedures; liability of guardian.
- Section 330.1630 - Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978.
- Section 330.1631 - Guardian; duties; filing, contents, and review of report.
- Section 330.1632 - Guardian as fiduciary.
- Section 330.1634 - Notice of right to dismiss guardian or modify guardianship order; procedures.
- Section 330.1636 - Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978.
- Section 330.1637 - Discharge or modification order; petition; hearing; order.
- Section 330.1638 - Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978.
- Section 330.1640 - Standby guardian.
- Section 330.1642 - Testamentary guardian.
- Section 330.1644 - Termination of guardianship; legal and civil rights; applicability of section to termination by term expiration and court order.
- 258-1974-7 - CHAPTER 7 RIGHTS OF RECIPIENTS OF MENTAL HEALTH SERVICES (330.1700...330.1758)
- Section 330.1700 - Definitions.
- Section 330.1702 - Receipt of mental health services; rights, benefits, privileges, and competency not affected.
- Section 330.1704 - Rights of recipient.
- Section 330.1705 - Second opinion.
- Section 330.1706 - Notice of rights.
- Section 330.1706a - Pamphlet; preparation; distribution; contents.
- Section 330.1707 - Rights of minor.
- Section 330.1708 - Suitable services; treatment environment; setting; rights.
- Section 330.1710 - Physical and mental examination; reexamination.
- Section 330.1711 - Rights of family members.
- Section 330.1712 - Individualized written plan of services.
- Section 330.1713 - Choice of physician or mental health professional.
- Section 330.1714 - Informing resident of clinical status and progress.
- Section 330.1715 - Services of mental health professional.
- Section 330.1716 - Surgery; consent.
- Section 330.1717 - Electroconvulsive therapy or other procedure; consent.
- Section 330.1718 - Psychotropic drugs.
- Section 330.1719 - Psychotropic drug treatment; duties of prescriber or licensed health professional.
- Section 330.1720 - Statistical report of deaths.
- Section 330.1722 - Protection of recipient from abuse or neglect.
- Section 330.1723 - Suspected abuse of recipient or resident; report to law enforcement agency.
- Section 330.1723a - Appointment of guardian ad litem.
- Section 330.1723b - Report by person not employed by or under contract to department, facility, or community mental health services program.
- Section 330.1723c - Violation of MCL 330.1723 or making of false report as misdemeanor; civil liability.
- Section 330.1724 - Fingerprints, photographs, audiotape, or use of 1-way glass.
- Section 330.1726 - Communication by mail and telephone; visits.
- Section 330.1728 - Personal property.
- Section 330.1730 - Money.
- Section 330.1732 - Accepting funds for use of resident.
- Section 330.1734 - Facility as representative payee or fiduciary.
- Section 330.1736 - Performance of labor by resident.
- Section 330.1738 - Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
- Section 330.1740 - Physical restraint.
- Section 330.1742 - Seclusion.
- Section 330.1744 - Freedom of movement.
- Section 330.1746 - Record.
- Section 330.1748 - Confidentiality.
- Section 330.1748a - Child abuse or neglect investigation; request for mental health records and information; immunity from civil or administrative liability; imposition of duties under another statute
- Section 330.1749 - Statement correcting or amending information.
- Section 330.1750 - Privileged communications.
- Section 330.1752 - Policies and procedures.
- Section 330.1753 - Recipient rights system; review by department.
- Section 330.1754 - State office of recipient rights; establishment by department; selection of director; powers and authority of state office of recipient rights.
- Section 330.1755 - Office of recipient rights; establishment by community mental health services program and hospital.
- Section 330.1756 - State recipient rights advisory committee; appointment by director.
- Section 330.1757 - Recipient rights advisory committee; appointment by community mental health services program board.
- Section 330.1758 - Recipient rights advisory committee; appointment by licensed hospital.
- 258-1974-7A - CHAPTER 7A DISPUTE RESOLUTION (330.1772...330.1788)
- 258-1974-8 - CHAPTER 8 FINANCIAL LIABILITY FOR MENTAL HEALTH SERVICES (330.1800...330.1844)
- Section 330.1800 - Definitions.
- Section 330.1802 - Establishment of financial liability.
- Section 330.1804 - Financial liability of responsible party.
- Section 330.1806 - Single or married individual; determining insurance coverage and ability to pay.
- Section 330.1808 - Limitation on financial liability.
- Section 330.1810 - Denial of services prohibited.
- Section 330.1812 - Insurance coverage as part of ability to pay.
- Section 330.1813 - Subrogation.
- Section 330.1814 - Willful refusal to apply for insurance benefits or provide information.
- Section 330.1816 - Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
- Section 330.1817 - Insurance coverage and ability to pay; determination to be made after admittance or start of services.
- Section 330.1818 - Adult inpatient psychiatric services less than 61 days, nonresidential services, and services to minors; provisions applicable to ability to pay; rules.
- Section 330.1819 - Residential services and inpatient services other than psychiatric services less than 61 days; provisions applicable to ability to pay; minor's ability to pay.
- Section 330.1820 - Spouse's ability to pay.
- Section 330.1822 - Financial information.
- Section 330.1824 - Undue financial burden prohibited.
- Section 330.1826 - Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
- Section 330.1828 - Annual determination of insurance coverage and ability to pay; new determination.
- Section 330.1830 - Change in ability to pay; notice of right to request new determination.
- Section 330.1832 - Ability to pay; utilization of inappropriate income figure; notice of right to request new determination; basis of determination.
- Section 330.1834 - Administrative hearing to contest ability to pay determination.
- Section 330.1836 - Appeal of redetermination of ability to pay.
- Section 330.1838 - Redetermination of ability to pay; charge for higher amount.
- Section 330.1840 - Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
- Section 330.1842 - Rules; procedures for determining ability to pay.
- Section 330.1844 - Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
- 258-1974-9 - CHAPTER 9 MISCELLANEOUS PROVISIONS (330.1900...330.1953)
- Section 330.1900 - Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
- Section 330.1901 - Acts or functions conducted by mental health professional; prohibition.
- Section 330.1902-330.1918 - Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
- Section 330.1919 - Contracts for services of agencies located in bordering states.
- Section 330.1919[1] - Training, studies, and research; rules.
- Section 330.1920 - Interstate compact on mental health.
- Section 330.1922 - Director or agent as compact administrator; rules and procedures.
- Section 330.1924 - Supplementary agreements; administration; arbitration of disputed questions of residence.
- Section 330.1926 - Payments to discharge financial obligations; expense of transfer to another state.
- Section 330.1927 - Repealed. 1987, Act 192, Imd. Eff. Dec. 2, 1987.
- Section 330.1928 - Copies of compact; distribution.
- Section 330.1930 - Consent to transfer.
- Section 330.1931 - Programs for protection and advocacy of rights of developmentally disabled and of mentally ill persons; implementation; authority; liaison.
- Section 330.1932 - Taxation, loans, and bonds.
- Section 330.1934-330.1936 - Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
- Section 330.1938 - Family planning services.
- Section 330.1939 - State mental health advisory council on deafness; creation; appointment, qualifications, and terms of members; vacancy; duties; report; expenses; meetings; election of chairperson.
- Section 330.1940 - Aiding or causing certain persons to leave or not return to facility; penalty.
- Section 330.1941 - State advisory council on mental health and aging; establishment; administration and operation; composition; appointment, qualifications, and terms of members; duties; expenses; app
- Section 330.1942 - Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
- Section 330.1944 - Criminal sexual psychopath; leaving state without permission; penalty.
- Section 330.1946 - Threat of physical violence against third person; duties.
- Section 330.1950-330.1953 - Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
- Section 330.1001 - Short title.