reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 328 - Dead Human Bodies › Act 70 of 1954 - Agreements for Disposition of Dead Human Bodies (328.201 - 328.204) › Section 328.203 - Violation of Act; Penalty.

328.203 Violation of act; penalty.
Sec. 3.
Any person who shall wilfully violate any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than $1,000.00 or imprisonment in the county jail for not more than 1 year, or by both such fine and imprisonment in the discretion of the court.
History:
1954, Act 70, Eff. Aug. 13, 1954
2023 Michigan Compiled Laws › Chapter 328 - Dead Human Bodies › Act 70 of 1954 - Agreements for Disposition of Dead Human Bodies (328.201 - 328.204) › Section 328.204 - Applicability of Act.

328.204 Applicability of act.
Sec. 4.
This act shall not apply to any agreements entered into pursuant to the prepaid funeral contract funding act after the effective date of the prepaid funeral contract funding act.
History:
Add. 1986, Act 238, Eff. Mar. 31, 1987
2023 Michigan Compiled Laws › Chapter 328 - Dead Human Bodies › Act 255 of 1986 - Prepaid Funeral and Cemetery Sales Act (328.211 - 328.235) › Section 328.211 - Short Title.

328.211 Short title.
Sec. 1.
This act shall be known and may be cited as the “prepaid funeral and cemetery sales act”.
History:
1986, Act 255, Eff. July 1, 1987 ;-- Am. 2004, Act 21, Eff. Jan. 1, 2005
Compiler's Notes:
For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.
2023 Michigan Compiled Laws › Chapter 328 - Dead Human Bodies › Act 255 of 1986 - Prepaid Funeral and Cemetery Sales Act (328.211 - 328.235) › Section 328.212 - Meanings of Words and Phrases.

328.212 Meanings of words and phrases.
Sec. 2.
For the purposes of this act, the words and phrases defined in sections 3 to 5 have the meanings ascribed to them in those sections.
History:
1986, Act 255, Eff. July 1, 1987
Compiler's Notes:
For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.
2023 Michigan Compiled Laws › Chapter 328 - Dead Human Bodies › Act 255 of 1986 - Prepaid Funeral and Cemetery Sales Act (328.211 - 328.235) › Section 328.217 - Deposit of Funds With Escrow Agent; Agreement to Allow Inspection and Copying of Records.

328.217 Deposit of funds with escrow agent; agreement to allow inspection and copying of records.
Sec. 7.
A registrant who deposits funds with an escrow agent under this act shall have in effect at all times an agreement under which the escrow agent has, under the following circumstances, agreed to allow inspection and copying of records maintained by it pertaining to funds held or managed by it:
(a) Upon the request by the department, to inspect or copy records pertaining to any or all funds held or managed by the escrow agent.
(b) Upon the request of the registrant or its agent, to inspect or copy records pertaining to any or all funds deposited by the registrant with the escrow agent.
(c) Upon the request of a contract buyer or a contract beneficiary to inspect or copy records pertaining to funds held or managed by the escrow agent pursuant to a prepaid contract to which the contract buyer is a party or for whose benefit it was entered into.
(d) Upon order of a court of competent jurisdiction.
History:
1986, Act 255, Eff. July 1, 1987 ;-- Am. 2004, Act 21, Eff. Jan. 1, 2005
Compiler's Notes:
For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.
2023 Michigan Compiled Laws › Chapter 328 - Dead Human Bodies › Act 255 of 1986 - Prepaid Funeral and Cemetery Sales Act (328.211 - 328.235) › Section 328.219 - Notice of Purchase or Assignment of Business Operations or Prepaid Contracts.

328.219 Notice of purchase or assignment of business operations or prepaid contracts.
Sec. 9.
The purchaser or assignee of a registrant's business operations shall notify the department and the contract buyers of the purchase or assignment of the prepaid contracts.
History:
1986, Act 255, Eff. July 1, 1987 ;-- Am. 2004, Act 21, Eff. Jan. 1, 2005
Compiler's Notes:
For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.
2023 Michigan Compiled Laws › Chapter 328 - Dead Human Bodies › Act 255 of 1986 - Prepaid Funeral and Cemetery Sales Act (328.211 - 328.235) › Section 328.220 - Nonguaranteed or Guaranteed Price Contracts; Execution.

328.220 Nonguaranteed or guaranteed price contracts; execution.
Sec. 10.
All prepaid contracts provided for under this act shall be either a nonguaranteed price contract or a guaranteed price contract and shall be made and executed pursuant only to this act.
History:
1986, Act 255, Eff. July 1, 1987 ;-- Am. 2004, Act 21, Eff. Jan. 1, 2005
Compiler's Notes:
For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.
2023 Michigan Compiled Laws › Chapter 328 - Dead Human Bodies › Act 255 of 1986 - Prepaid Funeral and Cemetery Sales Act (328.211 - 328.235) › Section 328.221 - Guaranteed Price Contract; Requirements.

328.221 Guaranteed price contract; requirements.
Sec. 11.
(1) A guaranteed price contract shall designate a provider who has agreed to furnish the merchandise or funeral or cemetery services specified in the contract upon the death of the contract beneficiary. If the provider designated is not the prepaid contract seller of the contract, the provider shall be made a party to the prepaid contract before any consideration is paid and the prepaid contract is not binding on the contract buyer until the provider has been made a party to the prepaid contract.
(2) In addition to the registration otherwise required by the terms of this act, the provider which has agreed to provide merchandise or funeral or cemetery services pursuant to a guaranteed price contract shall, at the time the prepaid contract is entered into, possess any license or registration required in order to provide the funeral or cemetery services, pursuant to article 18 of the occupational code, 1980 PA 299, MCL 339.1801 to 339.1812, or the cemetery regulation act, 1968 PA 251, MCL 456.521 to 456.543. If a provider is required to possess a license or registration to provide the services included in a prepaid contract, a contract seller who does not possess a license or registration to provide the services must disclose to the contract buyer or prospective contract buyer that it cannot perform those activities required to be registered or licensed.
History:
1986, Act 255, Eff. July 1, 1987 ;-- Am. 2004, Act 21, Eff. Jan. 1, 2005
Compiler's Notes:
For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.
2023 Michigan Compiled Laws › Chapter 328 - Dead Human Bodies › Act 255 of 1986 - Prepaid Funeral and Cemetery Sales Act (328.211 - 328.235) › Section 328.224 - Liability for Principal and Income; Investment of Funds; Changing Escrow Agent or Depository.

328.224 Liability for principal and income; investment of funds; changing escrow agent or depository.
Sec. 14.
(1) Payments of principal and income by a depository or an escrow agent made in good faith pursuant to the terms of this act shall relieve that depository or escrow agent of any further liability for that principal and income.
(2) An escrow agent shall invest funds held or managed under this act only as expressly authorized by this act and shall not invest funds by purchasing life insurance or annuities the proceeds of which are not payable in full until the happening of some event including, but not limited to, death of the contract beneficiary.
(3) A provider or an escrow agent may, without approval of any other party, change the depository of any escrow account, with or without cause, at any time. A contract buyer shall be notified if the escrow agent or depository is changed.
History:
1986, Act 255, Eff. July 1, 1987
Compiler's Notes:
For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.
2023 Michigan Compiled Laws › Chapter 328 - Dead Human Bodies › Act 255 of 1986 - Prepaid Funeral and Cemetery Sales Act (328.211 - 328.235) › Section 328.226 - Prepaid Funeral Contract Not in Writing as Voidable; Agreement as to Rate of Interest; Interest Added or Deducted in Advance; Computation of Interest; Financing of Contract.

328.226 Prepaid funeral contract not in writing as voidable; agreement as to rate of interest; interest added or deducted in advance; computation of interest; financing of contract.
Sec. 16.
(1) A prepaid contract that is not in writing is voidable by any party to the prepaid contract.
(2) A prepaid contract made in violation of this act or with a person who is not registered pursuant to section 6 is voidable by the contract buyer or by a personal representative of the contract beneficiary.
(3) The parties to a prepaid contract may agree in writing for the payment of a rate of interest not to exceed 10.5% per annum with the following conditions:
(a) A prepaid contract made under this act shall not provide for a rate of interest added or deducted in advance. Interest shall be computed from time to time only on the basis of unpaid balances.
(b) A prepaid contract made under this act shall not provide that the rate of interest initially effective may be increased for any reason.
(c) A contract seller shall not impose any fees or charges in addition to interest in connection with the financing of a prepaid contract.
(4) A contract seller shall not offer financing or offer to obtain financing of a prepaid contract under terms and conditions other than allowed by this section.
History:
1986, Act 255, Eff. July 1, 1987 ;-- Am. 2004, Act 21, Eff. Jan. 1, 2005
Compiler's Notes:
For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.
2023 Michigan Compiled Laws › Chapter 328 - Dead Human Bodies › Act 255 of 1986 - Prepaid Funeral and Cemetery Sales Act (328.211 - 328.235) › Section 328.227 - Rules Generally.

328.227 Rules generally.
Sec. 17.
The department may promulgate rules pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws, to implement this act.
History:
1986, Act 255, Eff. July, 1 1987
Compiler's Notes:
For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.
2023 Michigan Compiled Laws › Chapter 328 - Dead Human Bodies › Act 255 of 1986 - Prepaid Funeral and Cemetery Sales Act (328.211 - 328.235) › Section 328.231 - Violations; Penalties.

328.231 Violations; penalties.
Sec. 21.
A violation of this act by a person who is licensed under article 18 of the occupational code, 1980 PA 299, MCL 339.1801 to 339.1812, or the cemetery regulation act, 1968 PA 251, MCL 456.521 to 456.543, is considered a violation of the respective licensing act, and the violator is subject to penalties available under those acts.
History:
1986, Act 255, Eff. July 1, 1987 ;-- Am. 2004, Act 21, Eff. Jan. 1, 2005
Compiler's Notes:
For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.
2023 Michigan Compiled Laws › Chapter 328 - Dead Human Bodies › Act 255 of 1986 - Prepaid Funeral and Cemetery Sales Act (328.211 - 328.235) › Section 328.232 - Conversion of Funds as Felony; Violation as Misdemeanor; Penalties.

328.232 Conversion of funds as felony; violation as misdemeanor; penalties.
Sec. 22.
(1) A person who converts funds paid pursuant to a prepaid contract to his or her own use or benefit other than as authorized by this act or who fails to escrow or trust funds according to this act is guilty of a felony punishable by a fine of $5,000.00 or imprisonment of not more than 5 years, or both, for each violation.
(2) A person who violates any other provision of this act is guilty of a misdemeanor punishable by a fine of not more than $1,000.00 or imprisonment for not more than 1 year, or both, for each violation.
History:
1986, Act 255, Eff. July 1, 1987 ;-- Am. 2004, Act 21, Eff. Jan. 1, 2005
Compiler's Notes:
For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.
2023 Michigan Compiled Laws › Chapter 328 - Dead Human Bodies › Act 255 of 1986 - Prepaid Funeral and Cemetery Sales Act (328.211 - 328.235) › Section 328.233 - Noncompliance With Investment and Depositing Requirements; Petition for Appointment of Receiver; Notice; Hearing; Liquidation.

328.233 Noncompliance with investment and depositing requirements; petition for appointment of receiver; notice; hearing; liquidation.
Sec. 23.
If the department determines that a registrant has not complied with the investment and depositing requirements of this act and that insufficient funds are available in trust or escrow accounts to meet the obligations of prepaid contracts, the department may petition the circuit court of the county of the registrant's principal place of business or the county of Ingham for appointment of a receiver. After notice to the registrant and a hearing and upon its concurrence in the findings of the department, the court shall appoint a qualified person as a receiver. A receiver appointed under this section has all the powers, authority, and remedies of an assignee for the benefit of creditors under chapter 52 of the revised judicature act of 1961, 1961 PA 236, MCL 600.5201 to 600.5265. Any remaining funds held in escrow pursuant to this act shall be regarded as belonging to contract buyers or contract beneficiaries according to their interests and shall be distributed to these entities pro rata on the basis of the amount of funds paid by the contract buyers and shall not be available to general creditors of the estate. Under appropriate circumstances, the receiver may file for protection under the bankruptcy code.
History:
1986, Act 255, Eff. July 1, 1987 ;-- Am. 2004, Act 21, Eff. Jan. 1, 2005
Compiler's Notes:
For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.
2023 Michigan Compiled Laws › Chapter 328 - Dead Human Bodies › Act 255 of 1986 - Prepaid Funeral and Cemetery Sales Act (328.211 - 328.235) › Section 328.234 - Action to Force Compliance; Damages; Orders.

328.234 Action to force compliance; damages; orders.
Sec. 24.
The department or any other person, in order to force compliance with this act, may bring an action in a circuit court in any county in which the registrant or any other person has solicited or sold prepaid contracts, whether or not that person has purchased a prepaid contract or is personally aggrieved by a violation of this act. The court may award damages, issue equitable orders in accordance with the Michigan court rules to restrain conduct in violation of this act, and award reasonable attorney fees and costs to a prevailing party.
History:
1986, Act 255, Eff. July 1, 1987 ;-- Am. 2004, Act 21, Eff. Jan. 1, 2005
Compiler's Notes:
For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.
2023 Michigan Compiled Laws › Chapter 328 - Dead Human Bodies › Act 255 of 1986 - Prepaid Funeral and Cemetery Sales Act (328.211 - 328.235) › Section 328.235 - Effective Date.

328.235 Effective date.
Sec. 25.
This act shall take effect on July 1, 1987.
History:
1986, Act 255, Eff. July 1, 1987
Compiler's Notes:
For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.
2023 Michigan Compiled Laws › Chapter 328 - Dead Human Bodies › Repealed - Act 82 of 1958 - Gifts of the Human Anatomy (328.251 - 328.257)

GIFTS OF THE HUMAN ANATOMY
Act 82 of 1958
328.251-328.257 Repealed. 1969, Act 189, Eff. Mar. 20, 1970.
2023 Michigan Compiled Laws › Chapter 328 - Dead Human Bodies › Repealed - Act 189 of 1969 - Uniform Anatomical Gift Act (328.261 - 328.270)

UNIFORM ANATOMICAL GIFT ACT
Act 189 of 1969
328.261-328.270 Repealed. 1978, Act 368, Eff. Sept. 30, 1978.
2023 Michigan Compiled Laws › Chapter 328 - Dead Human Bodies › Repealed - Act 95 of 1970 - Disinterment of Human Remains (328.281 - 328.289)

DISINTERMENT OF HUMAN REMAINS
Act 95 of 1970
328.281-328.289 Repealed. 1978, Act 368, Eff. Sept. 30, 1978.
2023 Michigan Compiled Laws › Chapter 329 - Communicable Diseases › Repealed - Act 230 of 1885 - Prevention of Cholera, Diphtheria, and Other Communicable Diseases (329.1 - 329.7)

PREVENTION OF CHOLERA, DIPHTHERIA, AND OTHER COMMUNICABLE DISEASES
Act 230 of 1885
329.1-329.7 Repealed. 1978, Act 368, Eff. Sept. 30, 1978.
2023 Michigan Compiled Laws › Chapter 329 - Communicable Diseases › Repealed - Act 6 of 1942 (2nd Ex. Sess.) - Venereal Diseases (329.201 - 329.208)

VENEREAL DISEASES
Act 6 of 1942 (2nd Ex. Sess.)
329.201-329.208 Repealed. 1978, Act 368, Eff. Sept. 30, 1978.
2023 Michigan Compiled Laws › Chapter 329 - Communicable Diseases › Repealed - Act 276 of 1941 - Venereal Prophylactics (329.251 - 329.255)

VENEREAL PROPHYLACTICS
Act 276 of 1941
329.251-329.255 Repealed. 1978, Act 368, Eff. Sept. 30, 1978.
2023 Michigan Compiled Laws › Chapter 329 - Communicable Diseases › Repealed - Act 353 of 1919 - Venereal Diseases; Cigar Workers (329.271 - 329.272)

VENEREAL DISEASES; CIGAR WORKERS
Act 353 of 1919
329.271,329.272 Repealed. 1978, Act 368, Eff. Sept. 30, 1978.
2023 Michigan Compiled Laws › Chapter 329 - Communicable Diseases › Repealed - Act 164 of 1949 - Immunization of Children Against Disease (329.501 - 329.505)

IMMUNIZATION OF CHILDREN AGAINST DISEASE
Act 164 of 1949
329.501-329.505 Repealed. 1978, Act 368, Eff. Sept. 30, 1978.
2023 Michigan Compiled Laws › Chapter 329 - Communicable Diseases › Repealed - Act 169 of 1966 - Immunization of Children Against Disease (329.521 - 329.526)

IMMUNIZATION OF CHILDREN AGAINST DISEASE
Act 169 of 1966
329.521-329.526 Repealed. 1978, Act 368, Eff. Sept. 30, 1978.
2023 Michigan Compiled Laws › Chapter 329 - Communicable Diseases › Repealed - Act 96 of 1975 - Symons-Otterbacher Renal Disease Act (329.551 - 329.557)

SYMONS-OTTERBACHER RENAL DISEASE ACT
Act 96 of 1975
329.551-329.557 Repealed. 1978, Act 368, Eff. Sept. 30, 1978.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Repealed - Act 271 of 1945 - Department of Mental Health (330.1 - 330.4)

DEPARTMENT OF MENTAL HEALTH
Act 271 of 1945
330.1-330.4 Repealed. 1963, Act 236, Imd. Eff. May 23, 1963;—1970, Act 138, Imd. Eff. Aug. 1, 1970;—1974, Act 258, Eff. Aug. 6, 1975.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Repealed - Act 151 of 1923 - The Hospital Act for Mentally Diseased Persons (330.11 - 330.71)

THE HOSPITAL ACT FOR MENTALLY DISEASED PERSONS
Act 151 of 1923
330.11-330.71 Repealed. 1966, Act 175, Imd. Eff. July 1, 1966;—1974, Act 107, Eff. Aug. 1, 1974;—1974, Act 258, Eff. Aug. 6, 1975.
Compiler's Notes:
Subsequent to its repeal by Act 258 of 1974, MCL 330.11 was amended by Act 323 of 1974.Prior to the effective date of its repeal, MCL 330.15 was amended by Act 117 of 1975, which expired on Aug. 6, 1975.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Repealed - Act 270 of 1965 - Interstate Compact on Mental Health (330.81 - 330.86)

INTERSTATE COMPACT ON MENTAL HEALTH
Act 270 of 1965
330.81-330.86 Repealed. 1974, Act 258, Eff. Aug. 6, 1975.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Repealed - Act 229 of 1956 - Reimbursement for Hospital Care of Mentally Ill Persons (330.91 - 330.94)

REIMBURSEMENT FOR HOSPITAL CARE OF MENTALLY ILL PERSONS
Act 229 of 1956
330.91-330.94 Repealed. 1974, Act 258, Eff. Aug. 6, 1975.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Repealed - Act 129 of 1945 - James Decker Munson Hospital (330.161 - 330.166)

JAMES DECKER MUNSON HOSPITAL
Act 129 of 1945
330.161-330.166 Repealed. 1974, Act 258, Eff. Aug. 6, 1975.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Repealed - Act 223 of 1947 - James Decker Munson Hospital; Lease (330.171 - 330.175)

JAMES DECKER MUNSON HOSPITAL; LEASE
Act 223 of 1947
330.171-330.175 Repealed. 1974, Act 258, Eff. Aug. 6, 1975.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Repealed - Act 39 of 1935 - Children's Clinic at Traverse City State Hospital (330.181 - 330.183)

CHILDREN'S CLINIC AT TRAVERSE CITY STATE HOSPITAL
Act 39 of 1935
330.181-330.183 Repealed. 1974, Act 258, Eff. Aug. 6, 1975.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Repealed - Act 48 of 1949 - Community Hospital; Traverse City (330.191 - 330.194)

COMMUNITY HOSPITAL; TRAVERSE CITY
Act 48 of 1949
330.191-330.194 Repealed. 1974, Act 258, Eff. Aug. 6, 1975.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Repealed - Act 231 of 1923 - Detention of Mentally Diseased Persons (330.201 - 330.202)

DETENTION OF MENTALLY DISEASED PERSONS
Act 231 of 1923
330.201,330.202 Repealed. 1974, Act 258, Eff. Aug. 6, 1975.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Repealed - Act 392 of 1921 - Feeble-Minded and Epileptic Persons (330.251 - 330.255)

FEEBLE-MINDED AND EPILEPTIC PERSONS
Act 392 of 1921
330.251-330.255 Repealed. 1974, Act 258, Eff. Aug. 6, 1975.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Repealed - Act 148 of 1957 - Day School Program for Mentally Handicapped Children (330.261 - 330.261)

DAY SCHOOL PROGRAM FOR MENTALLY HANDICAPPED CHILDREN
Act 148 of 1957
330.261 Repealed. 1974, Act 258, Eff. Aug. 6, 1975.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Repealed - Act 148 of 1927 - Drug Addicts; Wayne County Hospital (330.301 - 330.305)

DRUG ADDICTS; WAYNE COUNTY HOSPITAL
Act 148 of 1927
330.301-330.305 Repealed. 1974, Act 258, Eff. Aug. 6, 1975.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Repealed - Act 85 of 1937 - State Psychopathic Hospital (330.401 - 330.407)

STATE PSYCHOPATHIC HOSPITAL
Act 85 of 1937
330.401-330.407 Repealed. 1974, Act 258, Eff. Aug. 6, 1975.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Repealed - Act 217 of 1954 - Combined Psychiatric Hospital and Clinic (330.421 - 330.427)

COMBINED PSYCHIATRIC HOSPITAL AND CLINIC
Act 217 of 1954
330.421-330.427 Repealed. 1974, Act 258, Eff. Aug. 6, 1975.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Repealed - Act 1 of 1955 (2nd Ex. Sess.) - Emergency Hospitalization of Mentally Deficient Children (330.557 - 330.558)

EMERGENCY HOSPITALIZATION OF MENTALLY DEFICIENT CHILDREN
Act 1 of 1955 (2nd Ex. Sess.)
330.557,330.558 Repealed. 1974, Act 258, Eff. Aug. 6, 1975.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Repealed - Act 56 of 1969 - Southwestern Tuberculosis Sanatorium (330.571 - 330.572)

SOUTHWESTERN TUBERCULOSIS SANATORIUM
Act 56 of 1969
330.571,330.572 Repealed. 1974, Act 258, Eff. Aug. 6, 1975.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Repealed - Act 54 of 1963 - Community Mental Health Services Program (330.601 - 330.615)

COMMUNITY MENTAL HEALTH SERVICES PROGRAM
Act 54 of 1963
330.601-330.615 Repealed. 1974, Act 258, Eff. Aug. 6, 1975.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Repealed - Act 335 of 1965 - Mentally Retarded Persons and Mentally Ill Children (330.651 - 330.666)

MENTALLY RETARDED PERSONS AND MENTALLY ILL CHILDREN
Act 335 of 1965
330.651-330.666 Repealed. 1974, Act 258, Eff. Aug. 6, 1975.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Repealed - Act 107 of 1974 - Mental Hospitals, Psychiatric Hospitals, or Psychiatric Units (330.701 - 330.720)

MENTAL HOSPITALS, PSYCHIATRIC HOSPITALS, OR PSYCHIATRIC UNITS
Act 107 of 1974
330.701-330.720 Repealed. 1974, Act 258, Eff. Aug. 6, 1975.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › Section 330.1001 - Short Title.

330.1001 Short title.
Sec. 1.
This act shall be known and may be cited as the "mental health code".
History:
1974, Act 258, Eff. Aug. 6, 1975
Compiler's Notes:
For renaming of the department of mental health to the department of community health, see E.R.O. No. 1996-1, compiled at MCL 330.3101 of the Michigan Compiled Laws.For creation of department of health and human services and abolishment of department of community health, see E.R.O. No. 2015-1, compiled at MCL 400.227.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1100 - Definitions.

330.1100 Definitions.
Sec. 100.
The definitions in sections 100a to 100d apply to this act unless the context requires otherwise. Other definitions applicable to specific chapters are found in those chapters.
History:
1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1990, Act 124, Imd. Eff. June 26, 1990 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
Compiler's Notes:
For transfer of powers and duties of licensing, monitoring, and accreditation, with the exception of the clinical services team, from the department of community health to the director of the department of commerce, see E.R.O. No. 1996-1, compiled at MCL 330.3101 of the Michigan Compiled Laws.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1102 - Department; Establishment.

330.1102 Department; establishment.
Sec. 102.
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 the Michigan Compiled Laws.
History:
1974, Act 258, Eff. Aug. 6, 1975
Compiler's Notes:
For renaming of the department of mental health to the department of community health, see E.R.O. No. 1996-1, compiled at MCL 330.3101 of the Michigan Compiled Laws.For creation of department of health and human services and abolishment of department of community health, see E.R.O. No. 2015-1, compiled at MCL 400.227.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1104 - Director as Head of Department; Authority; Delegation; Appointment of Medical Director of Mental Health Services; Clinical Psychiatric Decisions.

330.1104 Director as head of department; authority; delegation; appointment of medical director of mental health services; clinical psychiatric decisions.
Sec. 104.
(1) The head of the department is the director of mental health as provided in section 401 of the executive organization act of 1965, 1965 PA 380, MCL 16.501.
(2) All executive authority of and within the department is vested in the director, who may delegate that authority as he or she considers necessary or appropriate. Any authority that has by law been vested in any entity owned or operated by the department, or any employee of the department is exercisable by the director at his or her option. The director shall delegate authority for clinical decisions to appropriately trained clinical professionals. This subsection applies to each chapter of this act.
(3) The director shall appoint a medical director of mental health services who is an appropriately credentialed psychiatrist. The medical director shall do all of the following:
(a) Advise the director on mental health policy and treatment issues.
(b) Serve as a resource on mental health clinical matters to all divisions within the department, other state departments, and the mental health field.
(c) Promote the use of mental health care and treatment best practices that are scientifically validated and recovery oriented.
(4) Clinical psychiatric decisions regarding the admission, treatment, and discharge of psychiatric patients in state mental hospitals shall be made by qualified state hospital physicians or appropriately credentialed psychiatrists granted state hospital staff privileges under section 245.
History:
1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1986, Act 287, Imd. Eff. Dec. 22, 1986 ;-- Am. 2006, Act 586, Imd. Eff. Jan. 3, 2007
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1106 - Director; Appointment, Term, and Qualifications.

330.1106 Director; appointment, term, and qualifications.
Sec. 106.
(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, the director shall be appointed by the governor by and with the advice and consent of the senate and shall serve at the pleasure of the governor.
(2) The director shall be a person with at least 5 years of previous executive experience in mental health or human services.
History:
1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1981, Act 188, Imd. Eff. Dec. 28, 1981
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1108 - Director; Compensation; Restriction.

330.1108 Director; compensation; restriction.
Sec. 108.
(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, as amended, being section 16.108 of the Michigan Compiled Laws.
(2) The director shall not engage in any business, vocation, or employment other than his office, as provided in section 8(b) of Act No. 380 of the Public Acts of 1965, as amended.
History:
1974, Act 258, Eff. Aug. 6, 1975
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1110 - Citizens Mental Health Advisory Council.

330.1110 Citizens mental health advisory council.
Sec. 110.
(1) A citizens mental health advisory council is established to advise and assist the director in developing and executing mental health policies and programs.
(2) The council shall consist of 12 members who shall be appointed by the governor. The term of office of each member shall be 2 years. A member shall be paid a reasonable per diem and reimbursed for necessary travel expenses for each meeting attended. A meeting shall be held at least once every 3 months, upon call of the director. The council shall annually, by majority vote, choose a chairperson from among its own membership.
(3) The composition of the citizens mental health advisory council shall be representative of primary consumers, family members, agencies and professionals having a working involvement with mental health services, and the general public. At least 4 members of the council shall be primary consumers or family members, and at least 2 of those 4 shall be primary consumers.
History:
1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
Compiler's Notes:
For transfer of powers and duties of the citizens mental health advisory council to the director of the department of community health and abolishment of the council, see E.R.O. No. 1997-4, compiled at MCL 333.26324 of the Michigan Compiled Laws.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1112 - Internal Organization of Department.

330.1112 Internal organization of department.
Sec. 112.
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 except as is otherwise provided by law, the director with the approval of the governor is authorized to establish the internal organization of the department and to allocate and reallocate duties and functions to promote economic and efficient administration and operation of the department.
History:
1974, Act 258, Eff. Aug. 6, 1975
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1113 - Injury to Employee as Result of Assault by Recipient of Mental Health Services; Compensation and Fringe Benefits.

330.1113 Injury to employee as result of assault by recipient of mental health services; compensation and fringe benefits.
Sec. 113.
A person employed by the department who is injured as a result of an assault by a recipient of mental health services shall receive his full wages by the department until workmen's compensation benefits begin and then shall receive in addition to workmen's compensation benefits a supplement from the department which together with the workmen's compensation benefits shall equal but not exceed the weekly net wage of the employee at the time of the injury. This supplement shall only apply while the person is on the department's payroll and is receiving workmen's compensation benefits and shall include an employee who is currently receiving workmen's compensation due to an injury covered by this section. Fringe benefits normally received by an employee shall be in effect during the time the employee receives the supplement provided by this section from the department.
History:
Add. 1976, Act 414, Imd. Eff. Jan. 9, 1977
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1114 - Rules.

330.1114 Rules.
Sec. 114.
(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 the Michigan Compiled Laws, the director may promulgate rules as necessary to carry out the functions vested in the department.
(2) All modifications to rules that are needed to comply with the amendatory act that added this subsection shall be submitted to public hearing within 2 years after the effective date of that amendatory act.
History:
1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
Admin Rule:
R 330.1001 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1114a - Applicability of Provisions Requiring or Permitting Rule Promulgation.

330.1114a Applicability of provisions requiring or permitting rule promulgation.
Sec. 114a.
If the Michigan supreme court rules that sections 45 and 46 of the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.245 and 24.246 of the Michigan Compiled Laws, are unconstitutional, and a statute requiring legislative review of administrative rules is not enacted within 90 days after the Michigan supreme court ruling, any provision of this act that requires or permits the department to promulgate rules does not apply.
History:
Add. 1995, Act 290, Eff. Mar. 28, 1996
Compiler's Notes:
In separate opinions, the Michigan Supreme Court held that Section 45(8), (9), (10), and (12) and the second sentence of Section 46(1) (“An agency shall not file a rule ... until at least 10 days after the date of the certificate of approval by the committee or after the legislature adopts a concurrent resolution approving the rule.”) of the Administrative Procedures Act of 1969, in providing for the Legislature's reservation of authority to approve or disapprove rules proposed by executive branch agencies, did not comply with the enactment and presentment requirements of Const 1963, Art 4, and violated the separation of powers provision of Const 1963, Art 3, and, therefore, were unconstitutional. These specified portions were declared to be severable with the remaining portions remaining effective. Blank v Department of Corrections, 462 Mich 103 (2000).
Admin Rule:
R 330.1001 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1116a - Repealed. 2016, Act 320, Eff. Feb. 14, 2017.

330.1116a Repealed. 2016, Act 320, Eff. Feb. 14, 2017.
Compiler's Notes:
The repealed section pertained to assisted outpatient treatment services report.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1118 - Official Name of Facility; Terminology.

330.1118 Official name of facility; terminology.
Sec. 118.
The department shall designate an official name for each of its facilities that is of sufficient size or scope. No official name shall contain terminology that from a public standpoint could be reasonably regarded as stigmatizing or denigrating.
History:
1974, Act 258, Eff. Aug. 6, 1975
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1120 - Official Head of Facility.

330.1120 Official head of facility.
Sec. 120.
The department shall designate an official head of each of its facilities that is of sufficient size or scope.
History:
1974, Act 258, Eff. Aug. 6, 1975
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1122 - Geographical Service Districts.

330.1122 Geographical service districts.
Sec. 122.
The department may establish geographical service districts for its facilities which shall define the geographical area that will be serviced by a facility.
History:
1974, Act 258, Eff. Aug. 6, 1975
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1124 - Waiting Lists for Admissions.

330.1124 Waiting lists for admissions.
Sec. 124.
(1) The department shall establish waiting lists for admissions to state operated programs. Waiting lists shall be by diagnostic groups or program categories, age, and gender, and shall specify the length of time each individual has been on the waiting list from the date of the initial request for services.
(2) The department shall require that community mental health services programs maintain waiting lists if all service needs are not met, and that the waiting lists include data by type of services, diagnostic groups or program categories, age, and gender, and that they specify the length of time each individual has been on the waiting list from the date of the initial request for services. The order of priority on the waiting lists shall be based on severity and urgency of need. Individuals determined to be of equal severity and urgency of need shall be served in the order in which they applied for services.
History:
1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1126 - Admission or Services Appropriate to Individual's Condition or Needs; Duration of Treatment.

330.1126 Admission or services appropriate to individual's condition or needs; duration of treatment.
Sec. 126.
The department shall endeavor to ensure that no individual will be admitted to or provided services by a facility of the department or a facility of a community mental health services program unless the facility can provide treatment or services appropriate to the individual's condition and needs. The department shall also endeavor to ensure that an individual's course of treatment will be completed in the shortest practicable time.
History:
1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1128 - Center for Forensic Psychiatry.

330.1128 Center for forensic psychiatry.
Sec. 128.
The department shall maintain under its jurisdiction an entity to be known as the center for forensic psychiatry. The center shall perform such services as are required by law and may, with the approval of the director of the department, perform any other service or activity, including research, that pertains to mental health and the criminal law.
History:
1974, Act 258, Eff. Aug. 6, 1975
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1130 - Repealed. 1995, Act 290, Eff. Mar. 28, 1996.

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.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1132 - Repealed. 1995, Act 290, Eff. Mar. 28, 1996.

330.1132 Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
Compiler's Notes:
The repealed section pertained to certification of mental retardation service facility.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1134 - Psychiatric Hospitals and Psychiatric Units; Licensing; Separate Criteria for Minors; Coordination, Cooperation, and Agreements With State Agencies; Purpose.

330.1134 Psychiatric hospitals and psychiatric units; licensing; separate criteria for minors; coordination, cooperation, and agreements with state agencies; purpose.
Sec. 134.
(1) The director shall establish a comprehensive system of licensing for psychiatric hospitals and psychiatric units in the state to protect the public by ensuring that these hospitals and units provide the facilities and the ancillary supporting services necessary to maintain a high quality of patient care. Separate criteria shall be developed for licensing hospital beds for minors.
(2) The director shall coordinate all functions within state government affecting psychiatric hospitals, and shall cooperate with other state agencies that establish standards or requirements for facilities providing mental health care to assure necessary, equitable, and consistent state regulation of these facilities without duplication of inspections or services. The director may enter into agreements with other state agencies to accomplish this purpose.
History:
1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1988, Act 155, Imd. Eff. June 14, 1988 ;-- Am. 1994, Act 137, Eff. June 1, 1994 ;-- Am. 2015, Act 59, Eff. Oct. 1, 2015
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1135 - Rules; MCL 330.1134 to 330.1150 Inapplicable to Adult Foster Care Facilities or Child Care Organizations.

330.1135 Rules; MCL 330.1134 to 330.1150 inapplicable to adult foster care facilities or child care organizations.
Sec. 135.
(1) Subject to section 114a, the director shall promulgate rules to define psychiatric hospitals and psychiatric hospital services to clearly differentiate between the active intensive care expected in psychiatric hospitals or psychiatric units and that care which is characteristically expected in general hospitals, long-term care facilities, or residential facilities.
(2) Sections 134 to 150 do not cover adult foster care facilities or child care organizations licensed under 1973 PA 116, MCL 722.111 to 722.128.
History:
1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1994, Act 137, Eff. June 1, 1994 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2015, Act 59, Eff. Oct. 1, 2015
Admin Rule:
R 330.1001 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1136 - Administration of MCL 330.1134 to 330.1150; Rules.

330.1136 Administration of MCL 330.1134 to 330.1150; rules.
Sec. 136.
The director shall administer sections 134 through 150 and promulgate rules to implement the purposes of sections 134 through 150 for the maintenance and operation of psychiatric hospitals and psychiatric units as necessary to enable state or private facilities, or both, to qualify for federal funds available for patient care or for construction or remodeling of facilities. The rules shall be promulgated according to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
History:
1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1994, Act 137, Eff. June 1, 1994 ;-- Am. 2015, Act 59, Eff. Oct. 1, 2015
Admin Rule:
R 330.1001 et seq. of the Michigan Administrative Code.