Michigan Compiled Laws 258-1974-1 Chapter 1 Department Of Mental Health (330.1100...330.1164)

• Section 330.1100 Definitions.
  The definitions in sections 100a to 100d apply to this act unless the context requires otherwise. Other definitions applicable to specific chapters are found...
• Section 330.1100a Definitions; A To E.
  (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...
• Section 330.1100b Definitions; F To N.
  (1) "Facility" means a residential facility for the care or treatment of individuals with serious mental illness, serious emotional disturbance, or developmental disability that...
• Section 330.1100c Definitions; P To R.
  (1) "Peace officer" means an officer of the department of state police or of a law enforcement agency of a county, township, city, or...
• Section 330.1100d Definitions; S To W.
  (1) "Service" means a mental health service or a substance use disorder service. (2) "Serious emotional disturbance" means a diagnosable mental, behavioral, or emotional...
• Section 330.1102 Department; Establishment.
  The department of mental health is established by section 400 of Act No. 380 of the Public Acts of 1965, being section 16.500 of...
• Section 330.1104 Director As Head Of Department; Authority; Delegation; Appointment Of Medical Director Of Mental Health Services; Clinical Psychiatric Decisions.
  (1) The head of the department is the director of mental health as provided in section 401 of the executive organization act of 1965,...
• Section 330.1106 Director; Appointment, Term, And Qualifications.
  (1) As provided in section 508 of Act No. 380 of the Public Acts of 1965, being section 16.608 of the Michigan Compiled Laws,...
• Section 330.1108 Director; Compensation; Restriction.
  (1) The director shall receive compensation prescribed by law, as provided in section 8(a) of Act No. 380 of the Public Acts of 1965,...
• Section 330.1110 Citizens Mental Health Advisory Council.
  (1) A citizens mental health advisory council is established to advise and assist the director in developing and executing mental health policies and programs....
• Section 330.1112 Internal Organization Of Department.
  As provided in section 7(a) of Act No. 380 of the Public Acts of 1965, being section 16.107 of the Michigan Compiled Laws, and...
• Section 330.1113 Injury To Employee As Result Of Assault By Recipient Of Mental Health Services; Compensation And Fringe Benefits.
  A person employed by the department who is injured as a result of an assault by a recipient of mental health services shall receive...
• Section 330.1114 Rules.
  (1) Subject to section 114a, as provided in section 9 of Act No. 380 of the Public Acts of 1965, being section 16.109 of...
• Section 330.1114a Applicability Of Provisions Requiring Or Permitting Rule Promulgation.
  If the Michigan supreme court rules that sections 45 and 46 of the administrative procedures act of 1969, Act No. 306 of the Public...
• Section 330.1116 Powers And Duties Of Department.
  (1) Consistent with section 51 of article IV of the state constitution of 1963, which declares that the health of the people of the...
• Section 330.1116a Assisted Outpatient Treatment Services; Report.
  (1) The department shall make available on the department's website an annual report concerning assisted outpatient treatment services in this state. The report shall...
• Section 330.1118 Official Name Of Facility; Terminology.
  The department shall designate an official name for each of its facilities that is of sufficient size or scope. No official name shall contain...
• Section 330.1120 Official Head Of Facility.
  The department shall designate an official head of each of its facilities that is of sufficient size or scope. History: 1974, Act 258, Eff....
• Section 330.1122 Geographical Service Districts.
  The department may establish geographical service districts for its facilities which shall define the geographical area that will be serviced by a facility. History:...
• Section 330.1124 Waiting Lists For Admissions.
  (1) The department shall establish waiting lists for admissions to state operated programs. Waiting lists shall be by diagnostic groups or program categories, age,...
• Section 330.1126 Admission Or Services Appropriate To Individual's Condition Or Needs; Duration Of Treatment.
  The department shall endeavor to ensure that no individual will be admitted to or provided services by a facility of the department or a...
• Section 330.1128 Center For Forensic Psychiatry.
  The department shall maintain under its jurisdiction an entity to be known as the center for forensic psychiatry. The center shall perform such services...
• Section 330.1130 Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
  Compiler's Notes: The repealed section pertained to certification of a community mental health center.
• Section 330.1132 Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
  Compiler's Notes: The repealed section pertained to certification of mental retardation service facility.
• Section 330.1134 Psychiatric Hospitals And Psychiatric Units; Licensing; Separate Criteria For Minors; Coordination, Cooperation, And Agreements With State Agencies; Purpose.
  (1) The director shall establish a comprehensive system of licensing for psychiatric hospitals and psychiatric units in the state to protect the public by...
• Section 330.1134a Employing, Contracting, Or Granting Clinical Privileges To Individuals; Prohibitions; Written Consent; Criminal History Check; Conditional Employment Or Granting Clinical Privileges; False Information; Use Of Information Obtained Under Subsection (3) Or (4); Condition Of Continued Employment; Failure To Conduct Criminal History Check; Establishment Of Automated Fingerprint Identification System Database; Electronic Web-based System; Definitions.
  (1) Except as otherwise provided in subsection (2), a psychiatric facility or other facility defined in 42 USC 1396d(d) shall not employ, independently contract...
• Section 330.1135 Rules; Mcl 330.1134 To 330.1150 Inapplicable To Adult Foster Care Facilities Or Child Care Organizations.
  (1) Subject to section 114a, the director shall promulgate rules to define psychiatric hospitals and psychiatric hospital services to clearly differentiate between the active...
• Section 330.1136 Administration Of Mcl 330.1134 To 330.1150; Rules.
  The director shall administer sections 134 through 150 and promulgate rules to implement the purposes of sections 134 through 150 for the maintenance and...
• Section 330.1137 Psychiatric Hospital And Psychiatric Unit, License Required; Disclosures; Provisional License; Violation; Penalty; Annual Licensure; Fees; Receipt Of Completed Application; Issuance Of License Within Certain Time Period; Report; “completed Application” Defined.
  (1) A person shall not construct, establish, or maintain a psychiatric hospital or psychiatric unit or use the terms psychiatric hospital or psychiatric unit...
• Section 330.1138 Original Or Annual License; Inspection And Approval By Bureau Of Fire Services.
  Before the issuance of an original or annual license, a psychiatric hospital or psychiatric unit shall be inspected by the bureau of fire services...
• Section 330.1139 License And Permit Fees.
  (1) Until October 1, 2019, an applicant for a license under this act shall submit to the department with the application form, or license...
• Section 330.1140 Premises Of Applicant Or Licensee; Right Of Entry.
  The director or the bureau of fire services created in section 1b of the fire prevention code, 1941 PA 207, MCL 29.1b, or their...
• Section 330.1141 Record Of Patient.
  A licensee shall maintain a complete record for each patient. The record shall contain at a minimum a written assessment and individual plan of...
• Section 330.1141a Exchange Of Confidential Mental Health And Substance Use Disorder Information; Development Of Standard Release Form; Workgroup; Considerations; Availability; Electronic Transmission.
  (1) On or before January 1, 2015, the department shall develop a standard release form for exchanging confidential mental health and substance use disorder...
• Section 330.1142 Compliance With Nondiscriminatory Laws.
  The governing body of a facility licensed under sections 134 through 150 shall certify to the department of mental health that its policies, procedures,...
• Section 330.1143 Governing Body Of Facility; Responsibilities.
  The governing body of a facility licensed under sections 134 through 150 is responsible for the operation of the facility, for the selection of...
• Section 330.1143a Review Of Professional Practices; Scope; Confidentiality; Disclosure.
  (1) The owner, operator, and governing body of a psychiatric hospital or psychiatric unit licensed under this chapter or operated by the department shall...
• Section 330.1143b Patient Referral; Money Or Other Consideration Prohibited; Violation; Penalty.
  (1) A licensee, a community mental health services program, or a person acting on behalf of or for the benefit of a licensee or...
• Section 330.1144 Suspension, Denial, Or Revocation Of License; Notice.
  The director, after notice to the applicant or licensee, may suspend, deny, or revoke a license if he finds that there is a substantial...
• Section 330.1145 Hearing.
  The hearing authorized by this section shall be in accordance with rules promulgated pursuant to Act No. 306 of the Public Acts of 1969,...
• Section 330.1146 Appeal.
  A person aggrieved by a decision of the director or bureau of fire services created in section 1b of the fire prevention code, 1941...
• Section 330.1147 Exemptions.
  Except as otherwise provided in sections 134a and 149b, psychiatric hospitals or units operated by the state or federal government are exempt from sections...
• Section 330.1148 Use Of Term “psychiatric Hospital” Or “psychiatric Unit.”
  The terms psychiatric hospital or psychiatric unit shall not be used to describe or refer to an institution or program, unless the institution or...
• Section 330.1149 Action To Restrain Or Prevent Construction, Establishment, Management, Or Operation Of Psychiatric Hospital Or Unit Without License.
  The director may maintain action in the name of the people of the state to restrain or prevent the construction, establishment, management, or operation...
• Section 330.1149b Compliance With Mcl 333.13801 To 333.13832.
  A psychiatric hospital or psychiatric unit operated or licensed by the department shall comply with the medical waste regulatory act, part 138 of the...
• Section 330.1150 Violation.
  A person who violates sections 134 through 150 or a rule authorized by sections 134 through 150 is guilty of a misdemeanor. History: 1974,...
• Section 330.1152 Adult Foster Care Facility; Noncompliance With Contract, Agreement, Or Arrangement; Notice; Suspension, Revocation, Or Cancellation.
  The director, after notice to the operator or owner of an adult foster care facility may suspend, revoke, or cancel a contract, agreement, or...
• 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; Inspection Of Facility; Inspection Report And Certification, Denial Of Certification, Revocation, Or Certification With Limited Terms; Reinspection; Notice; Contracts; Licensure Or Placement Pending Promulgation Of Rules.
  (1) Subject to section 114a, the department shall promulgate rules for the placement of adults who have serious mental illness or developmental disability into...
• Section 330.1155 Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
  Compiler's Notes: The repealed section pertained to definitions in MCL 330.1155 to 330.1161.
• Section 330.1156 Family Support Subsidy Program; Establishment; Purpose.
  The director of the department shall establish a family support subsidy program. The purpose of the family support subsidy program is to keep families...
• Section 330.1157 Rules; Creation And Contents Of Application Forms.
  (1) Subject to section 114a, the department shall promulgate rules to implement sections 156 to 161. The rules shall include an adoption by reference...
• Section 330.1158 Effect Of Approval Of Application; Contract; Report.
  (1) If an application for a family support subsidy is approved by the community mental health services program, all of the following apply: (a)...
• Section 330.1158a Family Support Subsidy Payments Not Alienable.
  Family support subsidy payments shall not be alienable by assignment, sale, garnishment, execution, or otherwise, and in the event of bankruptcy shall not pass...
• Section 330.1159 Termination Or Denial Of Family Support Subsidy; Hearing.
  (1) The family support subsidy shall terminate if 1 or more of the following occur: (a) The eligible minor dies. (b) The family no...
• Section 330.1160 Family Support Subsidies; Payment; Adjustment Of Amounts.
  (1) Family support subsidy payments shall be paid from accounts as appropriated by the legislature. (2) The department, after notifying the governor and the...
• Section 330.1161 Annual Evaluation Of Program.
  In conjunction with community mental health services programs, the department shall conduct annually and forward to the governor and the house and senate appropriations...
• Section 330.1162 Office Of Multicultural Services; Creation; Director.
  The office of multicultural services is created within the department. The office shall be headed by a director. History: Add. 1990, Act 124, Imd....
• Section 330.1163 Standing Committee On Multicultural Services; Appointment Of Members; Purpose.
  A 13-member standing committee on multicultural services shall be appointed by the director of the department to advise the office and the department on...
• Section 330.1164 Duties Of Office.
  The office shall do all of the following: (a) Assess the mental health needs of multicultural populations in the state. (b) Recommend to the...

Last modified: October 10, 2016