reglab/housing_qa huggingface dataset:
MI Comp L § 330.1736 (2021)
2021 Michigan Compiled Laws|Chapter 330 - Mental Health Code|Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)|258-1974-7 - Chapter 7 Rights of Recipients of Mental Health Services (330.1700...330.1758)|Section 330.1736 - Performance of Labor by Resident.

330.1736 Performance of labor by resident. Sec. 736.  (1) A resident may perform labor that contributes to the operation and maintenance of the facility for which the facility would otherwise employ someone only if the resident voluntarily agrees to perform the labor, engaging in the labor would not be inconsistent with the individual plan of services for the resident, and the amount of time or effort necessary to perform the labor would not be excessive. In no event shall discharge or privileges be conditioned upon the performance of such labor.  (2) A resident who performs labor that contributes to the operation and maintenance of the facility for which the facility would otherwise employ someone shall be compensated appropriately and in accordance with applicable federal and state labor laws, including minimum wage and minimum wage reduction provisions.  (3) A resident who performs labor other than that described in subsection (2) shall be compensated an appropriate amount if an economic benefit to another individual or agency results from his or her labor.  (4) The governing body of the facility may provide for compensation of a resident when he or she performs labor not governed by subsection (2) or (3).  (5) Subsections (1), (2), and (3) do not apply to labor of a personal housekeeping nature or labor performed as a condition of residence in a small group living arrangement.  (6) One-half of any compensation paid to a resident under this section is exempt from collection under this act as payment for services rendered. History: 1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
MI Comp L § 330.1738 (2021)
2021 Michigan Compiled Laws|Chapter 330 - Mental Health Code|Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)|258-1974-7 - Chapter 7 Rights of Recipients of Mental Health Services (330.1700...330.1758)|Section 330.1738 - Repealed. 1995, Act 290, Eff. Mar. 28, 1996.

330.1738 Repealed. 1995, Act 290, Eff. Mar. 28, 1996. Compiler's Notes: The repealed section pertained to right to education.
MI Comp L § 330.1740 (2021)
2021 Michigan Compiled Laws|Chapter 330 - Mental Health Code|Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)|258-1974-7 - Chapter 7 Rights of Recipients of Mental Health Services (330.1700...330.1758)|Section 330.1740 - Physical Restraint.

330.1740 Physical restraint. Sec. 740.  (1) A resident shall not be placed in physical restraint except in the circumstances and under the conditions set forth in this section or in other law.  (2) A resident may be restrained only as provided in subsection (3), (4), or (5) after less restrictive interventions have been considered, and only if restraint is essential in order to prevent the resident from physically harming himself, herself, or others, or in order to prevent him or her from causing substantial property damage. Consideration of less restrictive measures shall be documented in the medical record. If restraint is essential in order to prevent the resident from physically harming himself, herself, or others, the resident may be physically held with no more force than is necessary to limit the resident's movement, until a restraint may be applied.  (3) A resident may be temporarily restrained for a maximum of 30 minutes without an order or authorization in an emergency. Immediately after imposition of the temporary restraint, a physician shall be contacted. If, after being contacted, the physician does not order or authorize the restraint, the restraint shall be removed.  (4) A resident may be restrained prior to examination pursuant to an authorization by a physician. An authorized restraint may continue only until a physician can personally examine the resident or for 2 hours, whichever is less. If it is not possible for the physician to examine the resident within 2 hours, a physician may reauthorize the restraint for another 2 hours. Authorized restraint may not continue for more than 4 hours.  (5) A resident may be restrained pursuant to an order by a physician made after personal examination of the resident. An ordered restraint shall continue only for that period of time specified in the order or for 8 hours, whichever is less.  (6) A restrained resident shall continue to receive food, shall be kept in sanitary conditions, shall be clothed or otherwise covered, shall be given access to toilet facilities, and shall be given the opportunity to sit or lie down.  (7) Restraints shall be removed every 2 hours for not less than 15 minutes unless medically contraindicated or whenever they are no longer essential in order to achieve the objective which justified their initial application.  (8) Each instance of restraint requires full justification for its application, and the results of each periodic examination shall be placed promptly in the record of the resident.  (9) If a resident is restrained repeatedly, the resident's individual plan of services shall be reviewed and modified to facilitate the reduction of the use of restraints. History: 1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
MI Comp L § 330.1742 (2021)
2021 Michigan Compiled Laws|Chapter 330 - Mental Health Code|Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)|258-1974-7 - Chapter 7 Rights of Recipients of Mental Health Services (330.1700...330.1758)|Section 330.1742 - Seclusion.

330.1742 Seclusion.Sec. 742.  (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 722.128. A resident placed in a hospital or center shall not be kept in seclusion except in the circumstances and under the conditions set forth in this section.  (2) A minor placed in a child caring institution shall not be placed or kept in seclusion except as provided in 1973 PA 116, MCL 722.111 to 722.128, or rules promulgated under that act.   (3) A resident may be placed in seclusion only as provided under subsection (4), (5), or (6) and only if it is essential in order to prevent the resident from physically harming others, or in order to prevent the resident from causing substantial property damage.  (4) Seclusion may be temporarily employed for a maximum of 30 minutes in an emergency without an authorization or an order. Immediately after the resident is placed in temporary seclusion, a physician shall be contacted. If, after being contacted, the physician does not authorize or order the seclusion, the resident shall be removed from seclusion.  (5) A resident may be placed in seclusion under an authorization by a physician. Authorized seclusion shall continue only until a physician can personally examine the resident or for 1 hour, whichever is less.  (6) A resident may be placed in seclusion under an order of a physician made after personal examination of the resident to determine if the ordered seclusion poses an undue health risk to the resident. Ordered seclusion shall continue only for that period of time specified in the order or for 8 hours, whichever is less. An order for a minor shall continue for a maximum of 4 hours.  (7) A secluded resident shall continue to receive food, shall remain clothed unless his or her actions make it impractical or inadvisable, shall be kept in sanitary conditions, and shall be provided a bed or similar piece of furniture unless his or her actions make it impractical or inadvisable.  (8) A secluded resident shall be released from seclusion whenever the circumstance that justified its use ceases to exist.  (9) Each instance of seclusion requires full justification for its use, and the results of each periodic examination shall be placed promptly in the record of the resident.  (10) If a resident is secluded repeatedly, the resident's individual plan of services shall be reviewed and modified to facilitate the reduced use of seclusion. History: 1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 1996, Act 588, Imd. Eff. Jan. 21, 1997 ;-- Am. 2004, Act 527, Imd. Eff. Jan. 3, 2005
MI Comp L § 330.1744 (2021)
2021 Michigan Compiled Laws|Chapter 330 - Mental Health Code|Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)|258-1974-7 - Chapter 7 Rights of Recipients of Mental Health Services (330.1700...330.1758)|Section 330.1744 - Freedom of Movement.

330.1744 Freedom of movement. Sec. 744.  (1) The freedom of movement of a recipient shall not be restricted more than is necessary to provide mental health services to him or her, to prevent injury to him or her or to others, or to prevent substantial property damage, except that security precautions appropriate to the condition and circumstances of an individual admitted by order of a criminal court or transferred as a sentence-serving convict from a penal institution may be taken.  (2) A restriction adopted under the authority of subsection (1), the date it expires, and justification for its adoption shall be promptly noted in the record of the recipient.  (3) A restriction adopted under the authority of subsection (1) shall be removed when the circumstance that justified its adoption ceases to exist. History: 1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
MI Comp L § 330.1746 (2021)
2021 Michigan Compiled Laws|Chapter 330 - Mental Health Code|Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)|258-1974-7 - Chapter 7 Rights of Recipients of Mental Health Services (330.1700...330.1758)|Section 330.1746 - Record.

330.1746 Record. Sec. 746.  (1) A complete record shall be kept current for each recipient of mental health services. The record shall at least include information pertinent to the services provided to the recipient, pertinent to the legal status of the recipient, required by this chapter or other provision of law, and required by rules or policies.  (2) The material in the record shall be confidential to the extent it is made confidential by section 748. History: 1974, Act 258, Eff. Aug. 6, 1975
MI Comp L § 330.1749 (2021)
2021 Michigan Compiled Laws|Chapter 330 - Mental Health Code|Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)|258-1974-7 - Chapter 7 Rights of Recipients of Mental Health Services (330.1700...330.1758)|Section 330.1749 - Statement Correcting or Amending Information.

330.1749 Statement correcting or amending information. Sec. 749.  A recipient, guardian, or parent of a minor recipient, after having gained access to treatment records, may challenge the accuracy, completeness, timeliness, or relevance of factual information in the recipient's record. The recipient, guardian, or parent of a minor recipient shall be allowed to insert into the record a statement correcting or amending the information at issue. The statement shall become part of the record. History: Add. 1995, Act 290, Eff. Mar. 28, 1996
MI Comp L § 330.1752 (2021)
2021 Michigan Compiled Laws|Chapter 330 - Mental Health Code|Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)|258-1974-7 - Chapter 7 Rights of Recipients of Mental Health Services (330.1700...330.1758)|Section 330.1752 - Policies and Procedures.

330.1752 Policies and procedures. Sec. 752.  (1) The department, each community mental health services program, each licensed hospital, and each service provider under contract with the department, a community mental health services program, or a licensed hospital shall establish written policies and procedures concerning recipient rights and the operation of an office of recipient rights. The policies and procedures shall provide a mechanism for prompt reporting, review, investigation, and resolution of apparent or suspected violations of the rights guaranteed by this chapter, shall be consistent with this chapter and chapter 7a, and shall be designed to protect recipients from, and prevent repetition of, violations of rights guaranteed by this chapter and chapter 7a. The policies and procedures shall include, at a minimum, all of the following:  (a) Complaint and appeal processes.  (b) Consent to treatment and services.  (c) Sterilization, contraception, and abortion.  (d) Fingerprinting, photographing, audiotaping, and use of 1-way glass.  (e) Abuse and neglect, including detailed categories of type and severity.  (f) Confidentiality and disclosure.  (g) Treatment by spiritual means.  (h) Qualifications and training for recipient rights staff.  (i) Change in type of treatment.  (j) Medication procedures.  (k) Use of psychotropic drugs.  (l) Use of restraint.  (m) Right to be treated with dignity and respect.  (n) Least restrictive setting.  (o) Services suited to condition.  (p) Policies and procedures that address all of the following matters with respect to residents:  (i) Right to entertainment material, information, and news.  (ii) Comprehensive examinations.  (iii) Property and funds.  (iv) Freedom of movement.  (v) Resident labor.  (vi) Communication and visits.  (vii) Use of seclusion.  (2) All policies and procedures required by this section shall be established within 12 months after the effective date of the amendatory act that added section 753. History: 1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
MI Comp L § 330.1753 (2021)
2021 Michigan Compiled Laws|Chapter 330 - Mental Health Code|Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)|258-1974-7 - Chapter 7 Rights of Recipients of Mental Health Services (330.1700...330.1758)|Section 330.1753 - Recipient Rights System; Review by Department.

330.1753 Recipient rights system; review by department. Sec. 753.  The department shall review the recipient rights system of each community mental health services program in accordance with standards established under section 232a, to ensure a uniformly high standard of recipient rights protection throughout the state. For purposes of certification review, the department shall have access to all information pertaining to the rights protections system of the community mental health services program. History: Add. 1995, Act 290, Eff. Mar. 28, 1996
MI Comp L § 330.1756 (2021)
2021 Michigan Compiled Laws|Chapter 330 - Mental Health Code|Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)|258-1974-7 - Chapter 7 Rights of Recipients of Mental Health Services (330.1700...330.1758)|Section 330.1756 - State Recipient Rights Advisory Committee; Appointment by Director.

330.1756 State recipient rights advisory committee; appointment by director. Sec. 756.  (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 best represent the varied perspectives of department staff, government officials, attorneys, community mental health services program staff, private providers, recipients, and recipient interest groups. At least 1/3 of the membership of the state recipient rights advisory committee shall be primary consumers or family members, and of that 1/3, at least 2 shall be primary consumers. In appointing members to the advisory committee, the director shall consider the recommendations of the director of the state office of recipient rights and individuals who are members of the recipient rights advisory committee.  (2) The state recipient rights advisory committee shall do all of the following:  (a) Meet at least quarterly, or more frequently as necessary, to carry out its responsibilities.  (b) Maintain a current list of members' names to be made available to individuals upon request.  (c) Maintain a current list of categories represented, to be made available to individuals upon request.  (d) Protect the state office of recipient rights from pressures that could interfere with the impartial, even-handed, and thorough performance of its functions.  (e) Recommend to the director of the department candidates for the position of director of the state office of recipient rights and consult with the director regarding any proposed dismissal of the director of the state office of recipient rights.  (f) Serve in an advisory capacity to the director of the department and the director of the state office of recipient rights.  (g) Review and provide comments on the report submitted by the state office of recipient rights to the department under section 754.  (3) Meetings of the state recipient rights advisory committee are subject to the open meetings act, Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws. Minutes shall be maintained and made available to individuals upon request. History: Add. 1995, Act 290, Eff. Mar. 28, 1996
MI Comp L § 330.1757 (2021)
2021 Michigan Compiled Laws|Chapter 330 - Mental Health Code|Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)|258-1974-7 - Chapter 7 Rights of Recipients of Mental Health Services (330.1700...330.1758)|Section 330.1757 - Recipient Rights Advisory Committee; Appointment by Community Mental Health Services Program Board.

330.1757 Recipient rights advisory committee; appointment by community mental health services program board. Sec. 757.  (1) The board of each community mental health services program shall appoint a recipient rights advisory committee consisting of at least 6 members. The membership of the committee shall be broadly based so as to best represent the varied perspectives of the community mental health services program's geographic area. At least 1/3 of the membership shall be primary consumers or family members, and of that 1/3, at least 1/2 shall be primary consumers.  (2) The recipient rights advisory committee shall do all of the following:  (a) Meet at least semiannually or as necessary to carry out its responsibilities.  (b) Maintain a current list of members' names to be made available to individuals upon request.  (c) Maintain a current list of categories represented to be made available to individuals upon request.  (d) Protect the office of recipient rights from pressures that could interfere with the impartial, even-handed, and thorough performance of its functions.  (e) Recommend candidates for director of the office of recipient rights to the executive director, and consult with the executive director regarding any proposed dismissal of the director of the office of recipient rights.  (f) Serve in an advisory capacity to the executive director and the director of the office of recipient rights.  (g) Review and provide comments on the report submitted by the executive director to the community mental health services program board under section 755.  (h) If designated by the board of the community mental health services program, serve as the appeals committee for a recipient's appeal under section 784.  (i) Meetings of the recipient rights advisory committee are subject to the open meetings act, Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws. Minutes shall be maintained and made available to individuals upon request. History: Add. 1995, Act 290, Eff. Mar. 28, 1996
MI Comp L § 330.1758 (2021)
2021 Michigan Compiled Laws|Chapter 330 - Mental Health Code|Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)|258-1974-7 - Chapter 7 Rights of Recipients of Mental Health Services (330.1700...330.1758)|Section 330.1758 - Recipient Rights Advisory Committee; Appointment by Licensed Hospital.

330.1758 Recipient rights advisory committee; appointment by licensed hospital. Sec. 758.  Unless otherwise provided by contract with the local community mental health services program, each licensed hospital shall appoint a recipient rights advisory committee. At least 1/3 of the membership shall be primary consumers or family members and, of that 1/3, at least 1/2 shall be primary consumers. The recipient rights advisory committee shall do all of the following:  (a) Meet at least semiannually or as necessary to carry out its responsibilities.  (b) Maintain a current list of members' names and a separate list of categories represented, to be made available to individuals upon request.  (c) Protect the office of recipient rights from pressures that could interfere with the impartial, even-handed, and thorough performance of its functions.  (d) Review and provide comments on the report submitted by the hospital director to the governing board of the licensed hospital under section 755.  (e) Serve in an advisory capacity to the hospital director and the director of the office of recipient rights. History: Add. 1995, Act 290, Eff. Mar. 28, 1996
MI Comp L § 330.1772 (2021)
2021 Michigan Compiled Laws|Chapter 330 - Mental Health Code|Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)|258-1974-7A - Chapter 7a Dispute Resolution (330.1772...330.1788)|Section 330.1772 - Definitions.

330.1772 Definitions.Sec. 772.  As used in this chapter:  (a) "Allegation" means an assertion of fact made by an individual that has not yet been proved or supported with evidence.  (b) "Appeals committee" means a committee appointed by the director or by the board of a community mental health services program or licensed hospital under section 774.  (c) "Appellant" means the recipient, complainant, parent, or guardian who appeals a recipient rights finding or a respondent's action to an appeals committee.  (d) "Complainant" means an individual who files a rights complaint.  (e) "Investigation" means a detailed inquiry into and systematic examination of an allegation raised in a rights complaint.  (f) "Office" means all of the following:  (i) With respect to a rights complaint involving services provided directly by or under contract with the department, unless the provider is a community mental health services program, the state office of recipient rights created under section 754.  (ii) With respect to a rights complaint involving services provided directly by or under contract with a community mental health services program, the office of recipient rights created by a community mental health services program under section 755.  (iii) With respect to a rights complaint involving services provided by a licensed hospital, the office of recipient rights created by a licensed hospital under section 755.  (g) "Rights complaint" means a written or oral statement that meets the requirements of section 776.  (h) "Respondent" means the service provider that had responsibility at the time of an alleged rights violation for the services with respect to which a rights complaint has been filed. History: Add. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2020, Act 55, Imd. Eff. Mar. 3, 2020