Michigan Compiled Laws 258-1974-7 Chapter 7 Rights Of Recipients Of Mental Health Services (330.1700...330.1758)

• Section 330.1700 Definitions.
  As used in this chapter, unless the context requires otherwise: (a) “Criminal abuse” means 1 or more of the following: (i) An assault that...
• Section 330.1702 Receipt Of Mental Health Services; Rights, Benefits, Privileges, And Competency Not Affected.
  (1) The receipt of mental health services, a determination that an individual meets the criteria of a person requiring treatment or for judicial admission,...
• Section 330.1704 Rights Of Recipient.
  (1) In addition to the rights, benefits, and privileges guaranteed by other provisions of law, the state constitution of 1963, and the constitution of...
• Section 330.1705 Second Opinion.
  (1) If an applicant for community mental health services has been denied mental health services, the applicant, his or her guardian if one has...
• Section 330.1706 Notice Of Rights.
  Except as provided in section 707, applicants for and recipients of mental health services and in the case of minors, the applicant's or recipient's...
• Section 330.1706a Pamphlet; Preparation; Distribution; Contents.
  (1) The department shall prepare and distribute to each community mental health services program copies of a pamphlet containing information regarding resources available to...
• Section 330.1707 Rights Of Minor.
  (1) A minor 14 years of age or older may request and receive mental health services and a mental health professional may provide mental...
• Section 330.1708 Suitable Services; Treatment Environment; Setting; Rights.
  (1) A recipient shall receive mental health services suited to his or her condition. (2) Mental health services shall be provided in a safe,...
• Section 330.1710 Physical And Mental Examination; Reexamination.
  Within 24 hours after admission, each resident of a hospital or center shall receive a comprehensive physical and mental examination. Each resident shall be...
• Section 330.1711 Rights Of Family Members.
  Family members of recipients shall be treated with dignity and respect. They shall be given an opportunity to provide information to the treating professionals....
• Section 330.1712 Individualized Written Plan Of Services.
  (1) The responsible mental health agency for each recipient shall ensure that a person-centered planning process is used to develop a written individual plan...
• Section 330.1713 Choice Of Physician Or Mental Health Professional.
  A recipient shall be given a choice of physician or other mental health professional in accordance with the policies of the community mental health...
• Section 330.1714 Informing Resident Of Clinical Status And Progress.
  A recipient shall be informed orally and in writing of his or her clinical status and progress at reasonable intervals established in the individual...
• Section 330.1715 Services Of Mental Health Professional.
  If a resident is able to secure the services of a mental health professional, he or she shall be allowed to see the professional...
• Section 330.1716 Surgery; Consent.
  (1) Except as provided in subsections (2) and (3), a recipient of mental health services shall not have surgery performed upon him or her...
• Section 330.1717 Electroconvulsive Therapy Or Other Procedure; Consent.
  (1) A recipient shall not be the subject of electroconvulsive therapy or a procedure intended to produce convulsions or coma unless consent is obtained...
• Section 330.1718 Psychotropic Drugs.
  Psychotropic drugs shall not be administered to an individual who has been hospitalized by medical certification or by petition under chapter 4 or 5...
• Section 330.1719 Psychotropic Drug Treatment; Duties Of Prescriber Or Licensed Health Professional.
  Before initiating a course of psychotropic drug treatment for a recipient, the prescriber or a licensed health professional acting under the delegated authority of...
• Section 330.1720 Statistical Report Of Deaths.
  The department shall provide an annual statistical report to the members of the house and senate standing committees and appropriations subcommittees with legislative oversight...
• Section 330.1722 Protection Of Recipient From Abuse Or Neglect.
  (1) A recipient of mental health services shall not be subjected to abuse or neglect. (2) The department, each community mental health services program,...
• Section 330.1723 Suspected Abuse Of Recipient Or Resident; Report To Law Enforcement Agency.
  (1) A mental health professional, a person employed by or under contract to the department, a licensed facility, or a community mental health services...
• Section 330.1723a Appointment Of Guardian Ad Litem.
  The court with jurisdiction in each case resulting from a report made under section 723 shall appoint a guardian ad litem for the recipient....
• Section 330.1723b Report By Person Not Employed By Or Under Contract To Department, Facility, Or Community Mental Health Services Program.
  Section 723 does not prohibit an individual who is not employed by or under contract to the department, a licensed facility, or a community...
• Section 330.1723c Violation Of Mcl 330.1723 Or Making Of False Report As Misdemeanor; Civil Liability.
  (1) An individual who intentionally violates section 723 or who knowingly makes a false report pursuant to section 723 is guilty of a misdemeanor....
• Section 330.1724 Fingerprints, Photographs, Audiorecording, Or Use Of 1-way Glass.
  (1) A recipient of mental health services shall not be fingerprinted, photographed, audiorecorded, or viewed through a 1-way glass except in the circumstances and...
• Section 330.1726 Communication By Mail And Telephone; Visits.
  (1) A resident is entitled to unimpeded, private, and uncensored communication with others by mail and telephone and to visit with persons of his...
• Section 330.1728 Personal Property.
  (1) A resident is entitled to receive, possess, and use all personal property, including clothing, except in the circumstances and under the conditions set...
• Section 330.1730 Money.
  (1) The department shall establish policies and procedures designed to ensure that money in the accounts of residents of a state facility are safeguarded...
• Section 330.1732 Accepting Funds For Use Of Resident.
  A state facility may accept funds that a parent, guardian, or other individual wishes to provide for the use or benefit of a resident...
• Section 330.1734 Facility As Representative Payee Or Fiduciary.
  In the absence of any other responsible party, a state facility may accept an appointment to serve as a representative payee, fiduciary, or in...
• Section 330.1736 Performance Of Labor By Resident.
  (1) A resident may perform labor that contributes to the operation and maintenance of the facility for which the facility would otherwise employ someone...
• Section 330.1738 Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
  Compiler's Notes: The repealed section pertained to right to education.
• Section 330.1740 Physical Restraint.
  (1) A resident shall not be placed in physical restraint except in the circumstances and under the conditions set forth in this section or...
• Section 330.1742 Seclusion.
  (1) Seclusion shall be used only in a hospital, a center, or a child caring institution licensed under 1973 PA 116, MCL 722.111 to...
• Section 330.1744 Freedom Of Movement.
  (1) The freedom of movement of a recipient shall not be restricted more than is necessary to provide mental health services to him or...
• Section 330.1746 Record.
  (1) A complete record shall be kept current for each recipient of mental health services. The record shall at least include information pertinent to...
• Section 330.1748 Confidentiality.
  (1) Information in the record of a recipient, and other information acquired in the course of providing mental health services to a recipient, shall...
• 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.
  (1) If there is a compelling need for mental health records or information to determine whether child abuse or child neglect has occurred or...
• Section 330.1749 Statement Correcting Or Amending Information.
  A recipient, guardian, or parent of a minor recipient, after having gained access to treatment records, may challenge the accuracy, completeness, timeliness, or relevance...
• Section 330.1750 Privileged Communications.
  (1) Privileged communications shall not be disclosed in civil, criminal, legislative, or administrative cases or proceedings, or in proceedings preliminary to such cases or...
• Section 330.1752 Policies And Procedures.
  (1) The department, each community mental health services program, each licensed hospital, and each service provider under contract with the department, a community mental...
• Section 330.1753 Recipient Rights System; Review By Department.
  The department shall review the recipient rights system of each community mental health services program in accordance with standards established under section 232a, to...
• Section 330.1754 State Office Of Recipient Rights; Establishment By Department; Selection Of Director; Powers And Authority Of State Office Of Recipient Rights.
  (1) The department shall establish a state office of recipient rights subordinate only to the director. (2) The department shall ensure all of the...
• Section 330.1755 Office Of Recipient Rights; Establishment By Community Mental Health Services Program And Hospital.
  (1) Each community mental health services program and each licensed hospital shall establish an office of recipient rights subordinate only to the executive director...
• Section 330.1756 State Recipient Rights Advisory Committee; Appointment By Director.
  (1) The director shall appoint a 12-member state recipient rights advisory committee. The membership of the committee shall be broadly based so as to...
• Section 330.1757 Recipient Rights Advisory Committee; Appointment By Community Mental Health Services Program Board.
  (1) The board of each community mental health services program shall appoint a recipient rights advisory committee consisting of at least 6 members. The...
• Section 330.1758 Recipient Rights Advisory Committee; Appointment By Licensed Hospital.
  Unless otherwise provided by contract with the local community mental health services program, each licensed hospital shall appoint a recipient rights advisory committee. At...

Last modified: October 10, 2016