330.1724 Fingerprints, photographs, audiotape, or use of 1-way glass.
Sec. 724.
(1) A recipient of mental health services shall not be fingerprinted, photographed, audiotaped, or viewed through a 1-way glass except in the circumstances and under the conditions set forth in this section. As used in this section, photographs include still pictures, motion pictures, and videotapes.
(2) Fingerprints, photographs, or audiotapes may be taken and used and 1-way glass may be used in order to provide services, including research, to a recipient or in order to determine the name of the recipient only when prior written consent is obtained from 1 of the following:
(a) The recipient if 18 years of age or over and competent to consent.
(b) The guardian of the recipient if the guardian is legally empowered to execute such a consent.
(c) The parent with legal and physical custody of the recipient if the recipient is less than 18 years of age.
(3) Fingerprints, photographs, or audiotapes taken in order to provide services to a recipient, and any copies of them, shall be kept as part of the record of the recipient.
(4) Fingerprints, photographs, or audiotapes taken in order to determine the name of a recipient shall be kept as part of the record of the recipient, except that when necessary the fingerprints, photographs, or audiotapes may be delivered to others for assistance in determining the name of the recipient. Fingerprints, photographs, or audiotapes so delivered shall be returned together with copies that were made. An individual receiving fingerprints, photographs, or audiotapes shall be informed of the requirement that return be made. Upon return, the fingerprints, photographs, or audiotapes, together with copies, shall be kept as part of the record of the recipient.
(5) Fingerprints, photographs, or audiotapes in the record of a recipient, and any copies of them, shall be given to the recipient or destroyed when they are no longer essential in order to achieve 1 of the objectives set forth in subsection (2), or upon discharge of the resident, whichever occurs first.
(6) Photographs may be taken for purely personal or social purposes. A photograph of a recipient shall not be taken or used under this subsection if the recipient has indicated his or her objection.
(7) Photographs or audiotapes may be taken and 1-way glass may be used for educational or training purposes only when express written consent is obtained from 1 of the following:
(a) The recipient if 18 years of age or over and competent to consent.
(b) The guardian of the recipient if the guardian is legally empowered to execute such a consent.
(c) The parent with legal and physical custody of the recipient if the recipient is less than 18 years of age.
(8) This section does not apply to recipients of mental health services referred under chapter 10.
History: 1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1975, Act 208, Imd. Eff. Aug. 21, 1975 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
330.1724 Fingerprints, photographs, audiotape, or use of 1-way glass.
Sec. 724.
(1) A recipient of mental health services shall not be fingerprinted, photographed, audiotaped, or viewed through a 1-way glass except in the circumstances and under the conditions set forth in this section. As used in this section, photographs include still pictures, motion pictures, and videotapes.
(2) Fingerprints, photographs, or audiotapes may be taken and used and 1-way glass may be used in order to provide services, including research, to a recipient or in order to determine the name of the recipient only when prior written consent is obtained from 1 of the following:
(a) The recipient if 18 years of age or over and competent to consent.
(b) The guardian of the recipient if the guardian is legally empowered to execute such a consent.
(c) The parent with legal and physical custody of the recipient if the recipient is less than 18 years of age.
(3) Fingerprints, photographs, or audiotapes taken in order to provide services to a recipient, and any copies of them, shall be kept as part of the record of the recipient.
(4) Fingerprints, photographs, or audiotapes taken in order to determine the name of a recipient shall be kept as part of the record of the recipient, except that when necessary the fingerprints, photographs, or audiotapes may be delivered to others for assistance in determining the name of the recipient. Fingerprints, photographs, or audiotapes so delivered shall be returned together with copies that were made. An individual receiving fingerprints, photographs, or audiotapes shall be informed of the requirement that return be made. Upon return, the fingerprints, photographs, or audiotapes, together with copies, shall be kept as part of the record of the recipient.
(5) Fingerprints, photographs, or audiotapes in the record of a recipient, and any copies of them, shall be given to the recipient or destroyed when they are no longer essential in order to achieve 1 of the objectives set forth in subsection (2), or upon discharge of the resident, whichever occurs first.
(6) Photographs may be taken for purely personal or social purposes. A photograph of a recipient shall not be taken or used under this subsection if the recipient has indicated his or her objection.
(7) Photographs or audiotapes may be taken and 1-way glass may be used for educational or training purposes only when express written consent is obtained from 1 of the following:
(a) The recipient if 18 years of age or over and competent to consent.
(b) The guardian of the recipient if the guardian is legally empowered to execute such a consent.
(c) The parent with legal and physical custody of the recipient if the recipient is less than 18 years of age.
(8) This section does not apply to recipients of mental health services referred under chapter 10.
History: 1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1975, Act 208, Imd. Eff. Aug. 21, 1975 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
330.1724 Fingerprints, photographs, audiotape, or use of 1-way glass.
Sec. 724.
(1) A recipient of mental health services shall not be fingerprinted, photographed, audiotaped, or viewed through a 1-way glass except in the circumstances and under the conditions set forth in this section. As used in this section, photographs include still pictures, motion pictures, and videotapes.
(2) Fingerprints, photographs, or audiotapes may be taken and used and 1-way glass may be used in order to provide services, including research, to a recipient or in order to determine the name of the recipient only when prior written consent is obtained from 1 of the following:
(a) The recipient if 18 years of age or over and competent to consent.
(b) The guardian of the recipient if the guardian is legally empowered to execute such a consent.
(c) The parent with legal and physical custody of the recipient if the recipient is less than 18 years of age.
(3) Fingerprints, photographs, or audiotapes taken in order to provide services to a recipient, and any copies of them, shall be kept as part of the record of the recipient.
(4) Fingerprints, photographs, or audiotapes taken in order to determine the name of a recipient shall be kept as part of the record of the recipient, except that when necessary the fingerprints, photographs, or audiotapes may be delivered to others for assistance in determining the name of the recipient. Fingerprints, photographs, or audiotapes so delivered shall be returned together with copies that were made. An individual receiving fingerprints, photographs, or audiotapes shall be informed of the requirement that return be made. Upon return, the fingerprints, photographs, or audiotapes, together with copies, shall be kept as part of the record of the recipient.
(5) Fingerprints, photographs, or audiotapes in the record of a recipient, and any copies of them, shall be given to the recipient or destroyed when they are no longer essential in order to achieve 1 of the objectives set forth in subsection (2), or upon discharge of the resident, whichever occurs first.
(6) Photographs may be taken for purely personal or social purposes. A photograph of a recipient shall not be taken or used under this subsection if the recipient has indicated his or her objection.
(7) Photographs or audiotapes may be taken and 1-way glass may be used for educational or training purposes only when express written consent is obtained from 1 of the following:
(a) The recipient if 18 years of age or over and competent to consent.
(b) The guardian of the recipient if the guardian is legally empowered to execute such a consent.
(c) The parent with legal and physical custody of the recipient if the recipient is less than 18 years of age.
(8) This section does not apply to recipients of mental health services referred under chapter 10.
History: 1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1975, Act 208, Imd. Eff. Aug. 21, 1975 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
