reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-8 - Chapter 8 Financial Liability for Mental Health Services (330.1800...330.1844) › Section 330.1832 - Ability to Pay; Utilization of Inappropriate Income Figure; Notice of Right to Request New Determination; Basis of Determination.

330.1832 Ability to pay; utilization of inappropriate income figure; notice of right to request new determination; basis of determination.
Sec. 832.
The department and community mental health services programs shall inform responsible parties whose ability to pay was determined under section 818 that if they believe that the income figure being utilized to determine their ability to pay is not appropriate to their current income status or does not appropriately reflect their ability to pay, they may request the department or community mental health services program to make a new determination of ability to pay, and the department or community mental health services program shall be required to do so. If a responsible party has stated that the income figure being utilized is not appropriate to his or her current income status, the department or community mental health services program shall make a new determination of ability to pay based on the responsible party's current annualized Michigan taxable income. If this is not available, other documentation of income as described in section 818(1)(b) shall be used. If a responsible party has stated that the income figure being utilized does not appropriately reflect his or her ability to pay, the department or community mental health services program shall make a new determination of ability to pay based on a consideration of the responsible party's total financial situation as described in section 819. In neither instance, however, shall the new determination of ability to pay be for an amount greater than the original determination.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- 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) › 258-1974-8 - Chapter 8 Financial Liability for Mental Health Services (330.1800...330.1844) › Section 330.1834 - Administrative Hearing to Contest Ability to Pay Determination.

330.1834 Administrative hearing to contest ability to pay determination.
Sec. 834.
The department or community mental health services program shall inform the responsible parties that they have a right, by means of an administrative hearing, to contest an ability to pay determination that has been made by the department or community mental health services program. If the responsible party desires an administrative hearing, the following procedures apply:
(a) The responsible party shall notify the department or community mental health services program in writing or on a form provided by the department or community mental health services program.
(b) An administrative hearing shall be held and the department or community mental health services program shall make a redetermination of ability to pay.
(c) A redetermination of ability to pay pursuant to subdivision (b) shall be made in accordance with this chapter.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- 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) › 258-1974-8 - Chapter 8 Financial Liability for Mental Health Services (330.1800...330.1844) › Section 330.1836 - Appeal of Redetermination of Ability to Pay.

330.1836 Appeal of redetermination of ability to pay.
Sec. 836.
A responsible party may appeal a redetermination of ability to pay made under section 834(b) to the probate court of the county in which he or she resides.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- 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) › 258-1974-8 - Chapter 8 Financial Liability for Mental Health Services (330.1800...330.1844) › Section 330.1838 - Redetermination of Ability to Pay; Charge for Higher Amount.

330.1838 Redetermination of ability to pay; charge for higher amount.
Sec. 838.
If the department or a community mental health services program redetermines a responsible party's ability to pay and the amount the responsible party is determined to be able to pay is higher than the amount under previous determinations, the department or community mental health services program shall charge the higher amount only for financial liability that is incurred after the date of the redetermination.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- 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) › 258-1974-8 - Chapter 8 Financial Liability for Mental Health Services (330.1800...330.1844) › Section 330.1840 - Repealed. 1995, Act 290, Eff. Mar. 28, 1996.

330.1840 Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
Compiler's Notes:
The repealed section pertained to liability for services provided under criminal statute.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-8 - Chapter 8 Financial Liability for Mental Health Services (330.1800...330.1844) › Section 330.1842 - Rules; Procedures for Determining Ability to Pay.

330.1842 Rules; procedures for determining ability to pay.
Sec. 842.
The department shall develop and promulgate rules, pursuant to Act No. 306 of the Public Acts of 1969, as amended, which shall implement the provisions of this chapter. Such rules shall include particularized procedures for determining ability to pay, and such procedures shall be applied uniformly throughout the state.
History:
1974, Act 258, Eff. Nov. 6, 1974
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) › 258-1974-8 - Chapter 8 Financial Liability for Mental Health Services (330.1800...330.1844) › Section 330.1844 - Repealed. 1995, Act 290, Eff. Mar. 28, 1996.

330.1844 Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
Compiler's Notes:
The repealed section pertained to rules.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-9 - Chapter 9 Miscellaneous Provisions (330.1900...330.1953) › Section 330.1900 - Repealed. 1995, Act 290, Eff. Mar. 28, 1996.

330.1900 Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
Compiler's Notes:
The repealed section pertained to maintenance of Lafayette clinic.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-9 - Chapter 9 Miscellaneous Provisions (330.1900...330.1953) › Section 330.1901 - Acts or Functions Conducted by Mental Health Professional; Prohibition.

330.1901 Acts or functions conducted by mental health professional; prohibition.
Sec. 901.
A mental health professional shall not perform an act, task, or function within the field of mental illness or developmental disability unless he or she has been trained to perform the act, task, or function, or is acting under the direct supervision of an individual who has been trained to perform the act, task, or function.
History:
Add. 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) › 258-1974-9 - Chapter 9 Miscellaneous Provisions (330.1900...330.1953) › Section 330.1901a.added - Conversion Therapy With Minor by Mental Health Professional; Prohibition.

***** 330.1901a.added THIS ADDED SECTION IS EFFECTIVE 91 DAYS AFTER ADJOURNMENT OF THE 2023 REGULAR SESSION SINE DIE *****
330.1901a.added Conversion therapy with minor by mental health professional; prohibition.
Sec. 901a.
A mental health professional shall not engage in conversion therapy with a minor. A mental health professional who violates this section is subject to disciplinary action and licensing sanctions as provided under sections 16221(a) and 16226 of the public health code, 1978 PA 368, MCL 333.16221 and 333.16226.
History:
Add. 2023, Act 117, Eff. (sine die)
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-9 - Chapter 9 Miscellaneous Provisions (330.1900...330.1953) › Section 330.1902-330.1918 - Repealed. 1995, Act 290, Eff. Mar. 28, 1996.

330.1902-330.1918 Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
Compiler's Notes:
The repealed sections pertained to Lafayette clinic and neuropsychiatric institute.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-9 - Chapter 9 Miscellaneous Provisions (330.1900...330.1953) › Section 330.1919[1] - Training, Studies, and Research; Rules.

330.1919[1] Training, studies, and research; rules.
Sec. 919.
(1) The department shall support training, studies, and research as part of its overall responsibility with regard to the prevention of mental disorders and the care, treatment, and support of individuals with mental and emotional disorders and disturbances.
(2) Subject to section 114a, the department shall promulgate rules to set standards for the protection of human subjects in mental health research. The standards shall at a minimum comply with the federal standards for the protection of human subjects in research administered or funded by the United States department of health and human services. All research conducted, sponsored, or funded by the department or a community mental health services program shall comply with the rules promulgated under this subsection.
History:
Add. 1995, Act 290, Eff. Mar. 28, 1996
Compiler's Notes:
Section 919, as added by Act 290 of 1995, was compiled as MCL 330.1919[1] to distinguish it from another section 919, deriving from Act 17 of 1995 and pertaining to contracts for services of agencies located in bordering states.
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) › 258-1974-9 - Chapter 9 Miscellaneous Provisions (330.1900...330.1953) › Section 330.1922 - Director or Agent as Compact Administrator; Rules and Procedures.

330.1922 Director or agent as compact administrator; rules and procedures.
Sec. 922.
The director of the department of mental health, or a duly authorized agent designated by him in writing to the governor, shall perform the duties of the compact administrator who, acting jointly with like officers of other states, shall promulgate rules and adopt procedures to carry out more effectively the terms of the compact. All rules promulgated by the compact administrator shall be pursuant to Act No. 306 of the Public Acts of 1969, as amended.
History:
1974, Act 258, Eff. Aug. 6, 1975
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) › 258-1974-9 - Chapter 9 Miscellaneous Provisions (330.1900...330.1953) › Section 330.1924 - Supplementary Agreements; Administration; Arbitration of Disputed Questions of Residence.

330.1924 Supplementary agreements; administration; arbitration of disputed questions of residence.
Sec. 924.
(1) The compact administrator may enter into supplementary agreements with appropriate officials of other states pursuant to Articles VII and XI of the compact.
(2) The compact administrator shall cooperate with all departments, agencies, and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact or of any supplementary agreement entered into by this state.
(3) The department of mental health may enter into agreements with authorities of other states for the arbitration of disputed questions between those states and this state respecting the residence of mentally ill and mentally deficient persons and their return to their place of legal settlement.
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) › 258-1974-9 - Chapter 9 Miscellaneous Provisions (330.1900...330.1953) › Section 330.1926 - Payments to Discharge Financial Obligations; Expense of Transfer to Another State.

330.1926 Payments to discharge financial obligations; expense of transfer to another state.
Sec. 926.
(1) The compact administrator, subject to the approval of the department of administration, may arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into thereunder from funds appropriated for that purpose.
(2) The actual and necessary expenses of transfer to another state shall be audited by the department of administration and paid from the general fund in the state treasury upon vouchers certifying to the circumstances of the transfer and showing in detail the expenses thereof.
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) › 258-1974-9 - Chapter 9 Miscellaneous Provisions (330.1900...330.1953) › Section 330.1927 - Repealed. 1987, Act 192, Imd. Eff. Dec. 2, 1987.

330.1927 Repealed. 1987, Act 192, Imd. Eff. Dec. 2, 1987.
Compiler's Notes:
The repealed section pertained to protection of developmentally disabled persons.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-9 - Chapter 9 Miscellaneous Provisions (330.1900...330.1953) › Section 330.1928 - Copies of Compact; Distribution.

330.1928 Copies of compact; distribution.
Sec. 928.
Duly authenticated copies of the compact shall, upon its approval, be transmitted by the secretary of state to the governor of each state, the attorney general and the administrator of general services of the United States, and the council of state governments.
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) › 258-1974-9 - Chapter 9 Miscellaneous Provisions (330.1900...330.1953) › Section 330.1930 - Consent to Transfer.

330.1930 Consent to transfer.
Sec. 930.
In the administration of the compact, the compact administrator shall not transfer any patient to an institution in another state without the prior written consent of the patient's parents, nearest relative, or guardian. A copy of the consent shall be placed on file in the probate court of the county issuing the order of judicial admission or in the case of a nonjudicial admission, in the probate court of the county where the patient resides.
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) › 258-1974-9 - Chapter 9 Miscellaneous Provisions (330.1900...330.1953) › Section 330.1931 - Programs for Protection and Advocacy of Rights of Developmentally Disabled and of Mentally Ill Persons; Implementation; Authority; Liaison.

330.1931 Programs for protection and advocacy of rights of developmentally disabled and of mentally ill persons; implementation; authority; liaison.
Sec. 931.
(1) The governor shall designate an agency to implement a program for the protection and advocacy of the rights of persons with developmental disabilities pursuant to the developmentally disabled assistance and bill of rights act, Public Law 94-103, 89 Stat. 486. The designated agency shall have the authority to pursue legal, administrative, and other appropriate remedies to protect the rights of the developmentally disabled and to investigate allegations of abuse and neglect. The designated agency shall be independent of any state agency that provides treatment or services other than advocacy services to persons with developmental disabilities.
(2) The agency designated under subsection (1) shall implement a program for the protection and advocacy of the rights of mentally ill persons pursuant to the protection and advocacy for mentally ill individuals act of 1986, Public Law 99-319, 100 Stat. 478. The designated agency shall have the authority to pursue legal, administrative, and other appropriate remedies to protect the rights of mentally ill persons and to investigate allegations of abuse or neglect of mentally ill persons. The designated agency shall be independent of any state agency that provides treatment or services other than advocacy services to mentally ill persons.
(3) The governor shall designate an appropriate state official to serve as liaison between the agency designated to implement the protection and advocacy programs and the state departments and agencies that provide services to persons with developmental disabilities and mentally ill persons.
History:
Add. 1987, Act 192, Imd. Eff. Dec. 2, 1987
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-9 - Chapter 9 Miscellaneous Provisions (330.1900...330.1953) › Section 330.1932 - Taxation, Loans, and Bonds.

330.1932 Taxation, loans, and bonds.
Sec. 932.
The several counties of the state have power and authority, by resolution of the county board of commissioners, to provide for the care, custody, and maintenance of developmentally disabled persons within the counties and for this purpose counties may raise money by tax or by loan and issue bonds of the county to secure the repayment of the loan in the manner and within the limits provided by law for the erection of buildings and for the purchase of equipment. Counties may raise by tax, in the manner and within the limits provided by law, the sum needed from year to year, for the support, maintenance, and care of developmentally disabled persons admitted to the care of any facility maintained by the counties under and by authority of law.
History:
1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 2014, Act 72, Imd. Eff. Mar. 28, 2014
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-9 - Chapter 9 Miscellaneous Provisions (330.1900...330.1953) › Section 330.1934-330.1936 - Repealed. 1995, Act 290, Eff. Mar. 28, 1996.

330.1934-330.1936 Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
Compiler's Notes:
The repealed sections pertained to employees and lease of state-owned surplus farmland.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-9 - Chapter 9 Miscellaneous Provisions (330.1900...330.1953) › Section 330.1938 - Family Planning Services.

330.1938 Family planning services.
Sec. 938.
The department of mental health may provide to any individual receiving mental health services from the department written or oral notice of the availability of family planning services and upon request of the individual offer education and information on family planning. The notice shall state that receipt of mental health services is in no way dependent upon a request or nonrequest for family planning services.
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) › 258-1974-9 - Chapter 9 Miscellaneous Provisions (330.1900...330.1953) › Section 330.1940 - Aiding or Causing Certain Persons to Leave or Not Return to Facility; Penalty.

330.1940 Aiding or causing certain persons to leave or not return to facility; penalty.
Sec. 940.
Any person who aids, attempts to aid, or causes a person admitted to a mental health facility by judicial order to leave the facility without authorization, or who aids, attempts to aid, or causes such a person to fail to return to the facility while on an authorized absence after a lawful request for his return has been made shall be guilty of a crime punishable by a sentence of not more than 2 years.
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) › 258-1974-9 - Chapter 9 Miscellaneous Provisions (330.1900...330.1953) › Section 330.1942 - Repealed. 1995, Act 290, Eff. Mar. 28, 1996.

330.1942 Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
Compiler's Notes:
The repealed section pertained to criminal sexual psychopaths.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-9 - Chapter 9 Miscellaneous Provisions (330.1900...330.1953) › Section 330.1944 - Criminal Sexual Psychopath; Leaving State Without Permission; Penalty.

330.1944 Criminal sexual psychopath; leaving state without permission; penalty.
Sec. 944.
Any criminal sexual psychopathic person under lawful commitment pursuant to the provisions of Act No. 165 of the Public Acts of 1939, as amended, who leaves the state without permission is guilty of a felony.
History:
1974, Act 258, Eff. Aug. 6, 1975
Compiler's Notes:
Act 165 of 1939, referred to in this section, was repealed by Act 267 of 1966 and Act 143 of 1968.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-9 - Chapter 9 Miscellaneous Provisions (330.1900...330.1953) › Section 330.1950-330.1953 - Repealed. 1995, Act 290, Eff. Mar. 28, 1996.

330.1950-330.1953 Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
Compiler's Notes:
The repealed sections pertained to definitions, special projects grant program, and annual report.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-9A - Chapter 9a Crisis Stabilization Units (330.1971...330.1979) › Section 330.1971 - Certification of Crisis Stabilization Units.

330.1971 Certification of crisis stabilization units.
Sec. 971.
(1) The department shall provide for certification of crisis stabilization units under this chapter to provide crisis services in a community-based setting. An individual receiving services in a crisis stabilization unit is a recipient of mental health services under chapter 7 and is afforded all rights afforded to a recipient of mental health services.
(2) Crisis services include clinical services as a short-term alternative to inpatient psychiatric hospitalization provided by a mental health professional under the supervision of a psychiatrist in the least restrictive environment as determined by the mental health professional. The primary objective of crisis services is prompt assessment, stabilization, and determination of the appropriate level of care. The main desired outcome of crisis services is to avoid unnecessary hospitalization for an individual whose crisis may resolve with time, observation, and treatment.
(3) A psychiatric hospital or general hospital may establish and operate a crisis stabilization unit under this chapter. As used in this subsection, "general hospital" means hospital as that term is defined in section 20106 of the public health code, 1978 PA 368, MCL 333.20106.
History:
Add. 2020, Act 402, Eff. Mar. 24, 2021
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-9A - Chapter 9a Crisis Stabilization Units (330.1971...330.1979) › Section 330.1972 - Minimum Standards and Requirements for Certification.

330.1972 Minimum standards and requirements for certification.
Sec. 972.
The department shall establish minimum standards and requirements for certifying a crisis stabilization unit. Standards and requirements include, but are not limited to, the following:
(a) A standard requiring the capacity to carry out emergency receiving and evaluating functions but not to the extent that brings the crisis stabilization unit under the provisions of section 1867 of the social security act, 42 USC 1395dd.
(b) Standards requiring implementation of voluntary and involuntary admission consistent with section 409.
(c) A prohibition from holding itself out as a hospital or from billing for hospital or inpatient services.
(d) Standards to prevent inappropriate referral between entities of common ownership.
(e) Standards regarding maximum length of stay at a crisis stabilization unit with discharge planning upon intake to a clinically appropriate level of care consistent with section 409(7).
(f) Standards of billing for services rendered at a crisis stabilization unit.
(g) Standards for reimbursement of services for uninsured individuals, underinsured individuals, or both, and Medicaid beneficiaries, including, but not limited to, formal agreements with community mental health services programs or regional entities for services provided to individuals utilizing public behavioral health funds, outreach and enrollment for eligible health coverage, annual rate setting, proper communication with payers, and methods for resolving billing disputes between providers and payers.
(h) Physician oversight requirements.
(i) Nursing services.
(j) Staff to client ratios.
(k) Standards requiring a minimum amount of psychiatric supervision of an individual receiving services in the crisis stabilization unit that are consistent with the supervision requirements applicable in a psychiatric hospital or psychiatric unit setting.
(l) Standards requiring implementation and posting of recipients' rights under chapter 7.
(m) Safety and emergency protocols.
(n) Pharmacy services.
(o) Standards addressing administration of medication.
(p) Standards for reporting to the department.
(q) Standards regarding a departmental complaint process and procedure affording patients the right to file complaints for failure to provide services in accordance with required certification standards. The complaint process and procedure must be established and maintained by the department, must remain separate and distinct from providers delivering services under this chapter, and must not be a function delegated to a community mental health services program or an entity under contract with a community mental health services program. The complaint process must provide for a system of appeals and administrative finality.
History:
Add. 2020, Act 402, Eff. Mar. 24, 2021
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-9A - Chapter 9a Crisis Stabilization Units (330.1971...330.1979) › Section 330.1973 - Provision of Substance Use Disorder Services; License Required.

330.1973 Provision of substance use disorder services; license required.
Sec. 973.
Unless licensed under part 62 of the public health code, 1978 PA 368, MCL 333.6230 to 333.6251, a crisis stabilization unit that is not also a preadmission screening unit shall not provide substance use disorder services described in chapter 2A under this certification without first obtaining the required license. If substance use disorder prevention services or substance use disorder treatment and rehabilitation services, or both, are provided, the crisis stabilization unit must obtain a license as required under section 6233 of the public health code, 1978 PA 368, MCL 333.6233.
History:
Add. 2020, Act 402, Eff. Mar. 24, 2021
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-9A - Chapter 9a Crisis Stabilization Units (330.1971...330.1979) › Section 330.1974 - Operation of Crisis Stabilization Unit; Application and License Required.

330.1974 Operation of crisis stabilization unit; application and license required.
Sec. 974.
(1) An entity must not operate as a crisis stabilization unit without having a certification issued under this chapter.
(2) An application for certification to operate a crisis stabilization unit must be submitted to the department in the manner prescribed by the department.
History:
Add. 2020, Act 402, Eff. Mar. 24, 2021
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-9A - Chapter 9a Crisis Stabilization Units (330.1971...330.1979) › Section 330.1975 - Issuance of Certification; Nontransferable.

330.1975 Issuance of certification; nontransferable.
Sec. 975.
(1) The department must issue a certification to an applicant who meets all the standards and requirements set forth by the department for certifying a crisis stabilization unit.
(2) A certification issued under this chapter is not transferable to another crisis stabilization unit for the purpose of facilitating a change in location or a change in the governing body.
History:
Add. 2020, Act 402, Eff. Mar. 24, 2021
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-9A - Chapter 9a Crisis Stabilization Units (330.1971...330.1979) › Section 330.1976 - Inspection of Premises.

330.1976 Inspection of premises.
Sec. 976.
Each certified crisis stabilization unit must allow an authorized department representative to enter upon and inspect all of the premises for which a certification has been granted or applied for under this chapter.
History:
Add. 2020, Act 402, Eff. Mar. 24, 2021
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-9A - Chapter 9a Crisis Stabilization Units (330.1971...330.1979) › Section 330.1977 - Denial, Suspension, or Revocation of Certification; Hearing Required.

330.1977 Denial, suspension, or revocation of certification; hearing required.
Sec. 977.
(1) The department may deny an application for certification under this chapter that does not meet all the standards and requirements set forth by the department for a crisis stabilization unit. The department may suspend or revoke a certification that has been issued under this chapter if an applicant or a certified crisis stabilization unit violates a provision of this chapter or a standard or requirement set forth by the department under this chapter.
(2) Before an order is entered denying a certification application or suspending or revoking a certification previously granted, the applicant or party with a certification must have an opportunity for a hearing. A hearing under this section is subject to the provisions governing a contested case under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
History:
Add. 2020, Act 402, Eff. Mar. 24, 2021
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-9A - Chapter 9a Crisis Stabilization Units (330.1971...330.1979) › Section 330.1978 - Certificate of Need Exemption.

330.1978 Certificate of need exemption.
Sec. 978.
A crisis stabilization unit certified under this chapter is exempt from the requirement of obtaining a certificate of need.
History:
Add. 2020, Act 402, Eff. Mar. 24, 2021
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-9A - Chapter 9a Crisis Stabilization Units (330.1971...330.1979) › Section 330.1979 - Accreditation Requirements.

330.1979 Accreditation requirements.
Sec. 979.
A crisis stabilization unit must obtain and maintain accreditation from 1 of the following within 3 years after initial certification or within 3 years after the effective date of the amendatory act that added this chapter:
(a) Behavioral health care accreditation for crisis stabilization from the Joint Commission on Accreditation of Healthcare Organizations.
(b) Behavioral health accreditation for crisis stabilization by the Commission on Accreditation of Rehabilitation Facilities, CARF International.
(c) Accreditation from an organization with similar standards as the organizations described in subdivisions (a) and (b) that is approved by the director.
History:
Add. 2020, Act 402, Eff. Mar. 24, 2021
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-10 - Chapter 10 Criminal Provisions (330.2000...330.2074) › 258-1974-10-TRANSFER-OF-PRISONERS - Transfer of Prisoners (330.2000...330.2006a) › Section 330.2000 - Repealed. 1978, Act 636, Imd. Eff. Jan. 10, 1979.

330.2000 Repealed. 1978, Act 636, Imd. Eff. Jan. 10, 1979.
Compiler's Notes:
The repealed section pertained to admission of prisoner to facility.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-10 - Chapter 10 Criminal Provisions (330.2000...330.2074) › 258-1974-10-TRANSFER-OF-PRISONERS - Transfer of Prisoners (330.2000...330.2006a) › Section 330.2001 - Meanings of Words and Phrases.

330.2001 Meanings of words and phrases.
Sec. 1001.
For the purposes of sections 1001a to 1006, the words and phrases defined in sections 1001a and 1001b have the meanings ascribed to them in those sections.
History:
Add. 1978, Act 636, Imd. Eff. Jan. 10, 1979
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-10 - Chapter 10 Criminal Provisions (330.2000...330.2074) › 258-1974-10-TRANSFER-OF-PRISONERS - Transfer of Prisoners (330.2000...330.2006a) › Section 330.2001a - Definitions; C to M.

330.2001a Definitions; C to M.
Sec. 1001a.
(1) "Center for forensic psychiatry program" means that program established by the center for forensic psychiatry to provide services related to all of the following:
(a) Persons who are alleged to be incompetent to stand trial.
(b) Persons who are acquitted of criminal charges by reason of insanity.
(c) Persons who are transferred to the center from places of detention or from other state psychiatric hospitals.
(2) "Corrections mental health program" means that program of the department of corrections that is responsible for the provision of mental health services to certain prisoners under this chapter.
(3) "Hearing committee" means a committee appointed by the corrections mental health program under section 1003c.
(4) "Mental health services" means the provision of mental health care in a protective environment to prisoners with mental illness or developmental disability, including, but not limited to, chemotherapy and individual and group therapies.
(5) "Mental illness" means a substantial disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life.
History:
Add. 1978, Act 636, Imd. Eff. Jan. 10, 1979 ;-- Am. 1993, Act 252, Imd. Eff. Nov. 29, 1993 ;-- Am. 2014, Act 72, Imd. Eff. Mar. 28, 2014
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-10 - Chapter 10 Criminal Provisions (330.2000...330.2074) › 258-1974-10-TRANSFER-OF-PRISONERS - Transfer of Prisoners (330.2000...330.2006a) › Section 330.2001b - Definitions; P to S.

330.2001b Definitions; P to S.
Sec. 1001b.
(1) "Place of detention" means a detention facility operated by a political subdivision of the state.
(2) "Prisoner" means a person confined in a state correctional facility, but does not include any of the following:
(a) A person confined pursuant to an order of a juvenile division of the probate court or the family division of circuit court.
(b) A person confined in a place of detention.
(c) A person who is on parole from a state correctional facility.
(3) "Protective environment" means an environment that supports mental health services in accordance with a prisoner's individual plan of services.
(4) "State correctional facility" means a facility that houses prisoners and is operated by the department of corrections, and also includes a youth correctional facility operated by the department of corrections or a private vendor under section 20g of 1953 PA 232, MCL 791.220g.
History:
Add. 1978, Act 636, Imd. Eff. Jan. 10, 1979 ;-- Am. 1993, Act 252, Imd. Eff. Nov. 29, 1993 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 1998, Act 508, Imd. Eff. Jan. 8, 1999
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-10 - Chapter 10 Criminal Provisions (330.2000...330.2074) › 258-1974-10-TRANSFER-OF-PRISONERS - Transfer of Prisoners (330.2000...330.2006a) › Section 330.2002 - Repealed. 1975, Act 154, Imd. Eff. July 9, 1975.

330.2002 Repealed. 1975, Act 154, Imd. Eff. July 9, 1975.
Compiler's Notes:
The repealed section pertained to admission of prisoner as formal voluntary patient or administrative admittee.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-10 - Chapter 10 Criminal Provisions (330.2000...330.2074) › 258-1974-10-TRANSFER-OF-PRISONERS - Transfer of Prisoners (330.2000...330.2006a) › Section 330.2002a - Mental Health Services for Person Confined in Place of Detention; Rules for Voluntary Admission Into State Mental Health Facility; Involuntary Admission.

330.2002a Mental health services for person confined in place of detention; rules for voluntary admission into state mental health facility; involuntary admission.
Sec. 1002a.
(1) For a person confined in a place of detention operated by a political subdivision of the state and who requests mental health services, mental health services shall be provided by the appropriate community mental health program pursuant to the responsibilities described in section 206.
(2) The department of mental health shall promulgate rules pursuant to Act No. 306 of the Public Acts of 1969, as amended, being sections 24.201 to 24.315 of the Michigan Compiled Laws, establishing a procedure for the voluntary admission into a state mental health facility of a person confined in a place of detention operated by a political subdivision of the state.
(3) The involuntary admission into a state mental health facility of a person confined in a place of detention operated by a political subdivision of the state shall be governed by sections 423 to 444.
History:
Add. 1978, Act 636, Imd. Eff. Jan. 10, 1979
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) › 258-1974-10 - Chapter 10 Criminal Provisions (330.2000...330.2074) › 258-1974-10-TRANSFER-OF-PRISONERS - Transfer of Prisoners (330.2000...330.2006a) › Section 330.2003 - Corrections Mental Health Program; Establishment and Operation; Appointment and Qualifications of Program Director.

330.2003 Corrections mental health program; establishment and operation; appointment and qualifications of program director.
Sec. 1003.
The department of corrections shall establish and operate the corrections mental health program to provide mental health services for prisoners who are developmentally disabled or mentally ill and need those services. The director of the department shall review the program's structure, content, quality standards, and implementation. The department of corrections may contract with the department or third-party providers to operate the corrections mental health program. The director of the department of corrections shall appoint the director of the corrections mental health program. The director of the corrections mental health program shall be an individual with an advanced degree in a mental health field and a minimum of 5 years' experience in a mental health field.
History:
Add. 1978, Act 636, Imd. Eff. Jan. 10, 1979 ;-- Am. 1993, Act 252, Imd. Eff. Nov. 29, 1993 ;-- Am. 2007, Act 112, Imd. Eff. Oct. 1, 2007 ;-- Am. 2014, Act 72, Imd. Eff. Mar. 28, 2014
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-10 - Chapter 10 Criminal Provisions (330.2000...330.2074) › 258-1974-10-TRANSFER-OF-PRISONERS - Transfer of Prisoners (330.2000...330.2006a) › Section 330.2004 - Crediting Good Time Credits and Other Statutory Reductions; Notice and Record of Expiration or Reduction of Sentence.

330.2004 Crediting good time credits and other statutory reductions; notice and record of expiration or reduction of sentence.
Sec. 1004.
(1) A prisoner shall continue to be credited with those good time credits and other statutory reductions of his or her penal sentence to which he or she is entitled while in the corrections mental health program, subject to the terms and conditions that are applicable in a state correctional facility. The prisoner shall continue to be subject to all disciplinary sanctions that are not attributable to the prisoner's mental illness or developmental disability.
(2) At the time a prisoner is admitted to the corrections mental health program, the department of corrections shall notify the director of the corrections mental health program of the date on which the sentence of the prisoner is to expire and of any reductions of the sentence recorded to date. The corrections mental health program shall enter the sentence expiration date in the record it maintains for the prisoner.
History:
1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1993, Act 252, Imd. Eff. Nov. 29, 1993 ;-- Am. 2014, Act 72, Imd. Eff. Mar. 28, 2014
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-10 - Chapter 10 Criminal Provisions (330.2000...330.2074) › 258-1974-10-TRANSFER-OF-PRISONERS - Transfer of Prisoners (330.2000...330.2006a) › Section 330.2004b - Notice of Rights.

330.2004b Notice of rights.
Sec. 1004b.
(1) Not later than 7 days after a prisoner is admitted to the corrections mental health program, the corrections mental health program shall provide the prisoner with a notice of the rights guaranteed under section 1004a. The program shall also provide the prisoner with an opportunity to consult with 1 of the following persons designated by the director of the corrections mental health program:
(a) A recipient rights advisor from the office of recipient rights.
(b) A field investigator from the office of the legislative corrections ombudsman.
(c) A representative of the protection and advocacy agency designated by the governor pursuant to section 931.
(2) The corrections mental health program shall place in the record of each prisoner admitted to the program a document signed by the prisoner stating that the prisoner received the notice required under subsection (1) and was offered an opportunity to consult with a person described in subsection (1)(a) to (c).
History:
Add. 1993, Act 252, Imd. Eff. Nov. 29, 1993
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-10 - Chapter 10 Criminal Provisions (330.2000...330.2074) › 258-1974-10-TRANSFER-OF-PRISONERS - Transfer of Prisoners (330.2000...330.2006a) › Section 330.2005-330.2005c - Repealed. 1993, Act 252, Imd. Eff. Nov. 29, 1993.

330.2005-330.2005c Repealed. 1993, Act 252, Imd. Eff. Nov. 29, 1993.
Compiler's Notes:
The repealed sections pertained to petitions for determination of mental illness or mental retardation; hearings; investigation, evidence and prosecuting petition; findings, testimony, and depositions.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-10 - Chapter 10 Criminal Provisions (330.2000...330.2074) › 258-1974-10-TRANSFER-OF-PRISONERS - Transfer of Prisoners (330.2000...330.2006a) › Section 330.2005e - Repealed. 1993, Act 252, Imd. Eff. Nov. 29, 1993.

330.2005e Repealed. 1993, Act 252, Imd. Eff. Nov. 29, 1993.
Compiler's Notes:
The repealed section pertained to copies of court order and evidence required for findings.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-10 - Chapter 10 Criminal Provisions (330.2000...330.2074) › 258-1974-10-TRANSFER-OF-PRISONERS - Transfer of Prisoners (330.2000...330.2006a) › Section 330.2005f - Transfer of Prisoner Between State Mental Health Facilities; Administrative Hearing; Emergency Transfer; Commingling With Other Recipients of Mental Health Services; Rights and Privileges.

330.2005f Transfer of prisoner between state mental health facilities; administrative hearing; emergency transfer; commingling with other recipients of mental health services; rights and privileges.
Sec. 1005f.
(1) A person may be transferred to the center for forensic psychiatry program under this chapter and may be transferred between state mental health facilities upon authorization by the director of the center for forensic psychiatry program. The person is entitled to an administrative hearing pursuant to rules of the department of mental health regarding the need and appropriateness of a transfer to another state mental health facility upon receipt by the director of the center for forensic psychiatry program of the person's objection to the transfer. If an emergency transfer is required, and if objection is made to the transfer, the hearing will be held at the receiving facility.
(2) A person transferred to another state mental health facility under this section shall not be commingled with other recipients of mental health services except in cases in which it is determined by the director of the center for forensic psychiatry program, after consultation with the department of corrections, and pursuant to rules promulgated by the department of mental health, that the person and the other recipients of mental health services exhibit the same propensity for dangerous behavior and require similar treatment plans and modalities.
(3) A person transferred under this section is entitled to all the rights and privileges afforded to other mental health recipients pursuant to chapter 7, except those rights and privileges specifically excluded or modified by law.
History:
Add. 1978, Act 636, Imd. Eff. Jan. 10, 1979 ;-- Am. 1993, Act 252, Imd. Eff. Nov. 29, 1993