reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-2 - Chapter 2 County Community Mental Health Programs (330.1200...330.1246) › Section 330.1208 - Individuals to Which Service Directed; Priorities; Denial of Service Prohibited.

330.1208 Individuals to which service directed; priorities; denial of service prohibited.
Sec. 208.
(1) Services provided by a community mental health services program shall be directed to individuals who have a serious mental illness, serious emotional disturbance, or developmental disability.
(2) Services may be directed to individuals who have other mental disorders that meet criteria specified in the most recent diagnostic and statistical manual of mental health disorders published by the American psychiatric association and may also be directed to the prevention of mental disability and the promotion of mental health. Resources that have been specifically designated to community mental health services programs for services to individuals with dementia, alcoholism, or substance use disorder or for the prevention of mental disability and the promotion of mental health shall be utilized for those specific purposes.
(3) Priority shall be given to the provision of services to individuals with the most severe forms of serious mental illness, serious emotional disturbance, and developmental disability. Priority shall also be given to the provision of services to individuals with a serious mental illness, serious emotional disturbance, or developmental disability in urgent or emergency situations.
(4) An individual shall not be denied a service because an individual who is financially liable is unable to pay for the service.
History:
1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1978, Act 166, Imd. Eff. May 26, 1978 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2012, Act 500, Imd. Eff. Dec. 28, 2012
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-2 - Chapter 2 County Community Mental Health Programs (330.1200...330.1246) › Section 330.1209 - Repealed. 1995, Act 290, Eff. Mar. 28, 1996.

330.1209 Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
Compiler's Notes:
The repealed section pertained to notifying county program of admittance of individual to state facility.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-2 - Chapter 2 County Community Mental Health Programs (330.1200...330.1246) › Section 330.1209b - Placement of Individual in Supervised Community Living Arrangement; Prerelease and Postrelease Planning; Plan for Community Placement and Aftercare Services; Sending Department Aggregate Data Upon Request; List of Services Not Provided.

330.1209b Placement of individual in supervised community living arrangement; prerelease and postrelease planning; plan for community placement and aftercare services; sending department aggregate data upon request; list of services not provided.
Sec. 209b.
(1) Before an individual is placed in a supervised community living arrangement, such as a foster home, group care home, nursing home, or other community-based setting, the prerelease or postrelease planning for the individual shall involve the individual, the individual's legal guardian if a guardian has been appointed; any family member, friend, advocate, and professional the recipient chooses; the parents of a minor individual; the state facility or licensed hospital; the residential care provider, if such a provider has been selected; and, with the consent of the individual, the appropriate local and intermediate school systems and the department of social services, if appropriate. In each case, the community mental health services program shall produce in writing a plan for community placement and aftercare services that is sufficient to meet the needs of the individual and shall document any lack of available community services necessary to implement the plan.
(2) Each community mental health services program, as requested, shall send to the department aggregate data, which includes a list of services that were indicated on prerelease or postrelease plans, but which could not be provided.
History:
Add. 1980, Act 409, Imd. Eff. Jan. 8, 1981 ;-- 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) › 258-1974-2 - Chapter 2 County Community Mental Health Programs (330.1200...330.1246) › Section 330.1209d - Review of Outcomes, Programs, Treatment, and Community Services Rendered in Community Settings; Standards.

330.1209d Review of outcomes, programs, treatment, and community services rendered in community settings; standards.
Sec. 209d.
Each community mental health services program regularly shall review the outcomes for recipients as a result of programs, treatment, and community services rendered to individuals in community settings and shall ensure that services are provided consistently with the standards of the department.
History:
Add. 1980, Act 409, Imd. Eff. Jan. 8, 1981 ;-- 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) › 258-1974-2 - Chapter 2 County Community Mental Health Programs (330.1200...330.1246) › Section 330.1210 - Community Mental Health Services Program; Election to Establish; Coordination of Services.

330.1210 Community mental health services program; election to establish; coordination of services.
Sec. 210.
(1) Any single county or any combination of adjoining counties may elect to establish a community mental health services program by a majority vote of each county board of commissioners.
(2) A department-designated community mental health entity shall coordinate the provision of substance use disorder services in its region and shall ensure services are available for individuals with substance use disorder.
History:
1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2012, Act 500, Imd. Eff. Dec. 28, 2012
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-2 - Chapter 2 County Community Mental Health Programs (330.1200...330.1246) › Section 330.1214 - Board; County Representation.

330.1214 Board; county representation.
Sec. 214.
When a single county establishes a board, all board members shall be representatives of that county. When a combination of counties establishes a board, unless otherwise agreed to by each of the participating counties, the board memberships shall be divided among the counties in proportion to each county's population, except that each county is entitled to at least 1 board membership.
History:
1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 2000, Act 21, Imd. Eff. Mar. 13, 2000
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-2 - Chapter 2 County Community Mental Health Programs (330.1200...330.1246) › Section 330.1216 - Repealed. 2012, Act 376, Mar. 28, 2013.

330.1216 Repealed. 2012, Act 376, Mar. 28, 2013.
Compiler's Notes:
The repealed section pertained to appointment of board members in county with city having population of at least 500,000.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-2 - Chapter 2 County Community Mental Health Programs (330.1200...330.1246) › Section 330.1218 - Joining Established Services Program.

330.1218 Joining established services program.
Sec. 218.
Any county that adjoins a county having an established community mental health services program may elect, by a majority vote of its board of commissioners, to join that established community mental health services program. The joining must be approved by the board of commissioners of each county already participating in the established community mental health services program, and the joining shall become effective on January 1 following the date of final approval. Upon the joining, the board of the established community mental health services program shall be dissolved, and a new board shall be appointed in the manner provided in sections 212 and 214.
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) › 258-1974-2 - Chapter 2 County Community Mental Health Programs (330.1200...330.1246) › Section 330.1219 - Merger of Services Programs; Appointment of Members to New Board; Compliance With MCL 330.1212, 330.1214, and 330.1222.

330.1219 Merger of services programs; appointment of members to new board; compliance with MCL 330.1212, 330.1214, and 330.1222.
Sec. 219.
(1) A county having an established community mental health services program may elect to merge with an established community mental health services program in an adjoining county. A merger shall be approved by a majority vote of the board of commissioners of each participating county, and becomes effective on the first day of January, April, July, or October immediately following the date of final approval. The merger and creation of a community mental health authority shall be in accordance with this section and section 205.
(2) The board of commissioners of each participating county may elect by a majority vote to appoint 1 or more of the community mental health services board members to the new board, even if that action would result in a size or composition of the board that is different than that provided for in sections 212, 214, and 222.
(3) If the board of commissioners of 1 or more participating counties does not agree to permit appointment of members to the new board in the manner provided in subsection (2), the new board shall be appointed in the manner provided in sections 212, 214, and 222.
(4) A new board that is different in size or composition than that provided for in section 212, 214, or 222 shall be brought into compliance with those sections not later than 3 years after the date of merger.
History:
Add. 1986, Act 265, Imd. Eff. Dec. 9, 1986 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 1996, Act 588, Imd. Eff. Jan. 21, 1997
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-2 - Chapter 2 County Community Mental Health Programs (330.1200...330.1246) › Section 330.1220 - Services Program; Termination of Participation; Notice.

330.1220 Services program; termination of participation; notice.
Sec. 220.
Termination of a county's participation in a community mental health services program, whether that participation is singular or joint, may be accomplished by an official notification from the county's board of commissioners to the department and the other concerned county boards of commissioners or, in a charter county, by an official notification from the county's board of commissioners upon a request from the county executive. The date of termination shall be 1 year following the receipt of notification by the department, unless the director of the department consents to an earlier termination. In the interim between notification and official termination, the county's participation in the community mental health services program shall be maintained in good faith.
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) › 258-1974-2 - Chapter 2 County Community Mental Health Programs (330.1200...330.1246) › Section 330.1221 - Repealed. 1990, Act 263, Eff. Jan. 1, 1993.

330.1221 Repealed. 1990, Act 263, Eff. Jan. 1, 1993.
Compiler's Notes:
The repealed section pertained to powers and duties of governing board of county human services or human resources department and repeal of section.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-2 - Chapter 2 County Community Mental Health Programs (330.1200...330.1246) › Section 330.1224 - Board; Terms of Members; Vacancy; Removal From Office; Compensation; Expenses.

330.1224 Board; terms of members; vacancy; removal from office; compensation; expenses.
Sec. 224.
The term of office of a board member shall be 3 years from April 1 of the year of appointment, except that of the members first appointed, 4 shall be appointed for a term of 1 year, 4 for 2 years, and 4 for 3 years. A vacancy shall be filled for an unexpired term in the same manner as an original appointment. A board member may be removed from office by the appointing board of commissioners for neglect of official duty or misconduct in office after being given a written statement of reasons and an opportunity to be heard on the removal. A board member shall be paid a per diem no larger than the highest per diem for members of other county advisory boards set by the county board of commissioners and be reimbursed for necessary travel expenses for each meeting attended. The mileage expense fixed by the county board of commissioners shall not exceed the mileage reimbursement as determined by the state officers compensation commission. A board member shall not receive more than 1 per diem payment per day regardless of the number of meetings scheduled by the board for that day.
History:
1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1976, Act 348, Imd. Eff. Dec. 21, 1976 ;-- Am. 1977, Act 88, Imd. Eff. Aug. 2, 1977 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2012, Act 376, Eff. Mar. 28, 2013
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-2 - Chapter 2 County Community Mental Health Programs (330.1200...330.1246) › Section 330.1226a - Board; Special Fund Account.

330.1226a Board; special fund account.
Sec. 226a.
A community mental health services program board may create a special fund account to receive recipient fees and third-party reimbursements for services rendered. In the case of a county community mental health agency, approval of the board of commissioners of each participating county is necessary before creation of the special fund account. Receipts into the fund shall be recorded by source of payment and by type of service rendered, and a report regarding this information shall be submitted on a quarterly basis to the department. Money in the special fund account shall be used only for matching state funds or for the provision of community mental health services.
History:
Add. 1980, Act 423, Eff. Mar. 31, 1981 ;-- Am. 1984, Act 107, Imd. Eff. May 24, 1984 ;-- 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) › 258-1974-2 - Chapter 2 County Community Mental Health Programs (330.1200...330.1246) › Section 330.1227 - School-to-Community Transition Services.

330.1227 School-to-community transition services.
Sec. 227.
Each community mental health services program shall participate in the development of school-to-community transition services for individuals with serious mental illness, serious emotional disturbance, or developmental disability. This planning and development shall be done in conjunction with the individual's local school district or intermediate school district as appropriate and shall begin not later than the school year in which the individual student reaches 16 years of age. These services shall be individualized. This section is not intended to increase or decrease the fiscal responsibility of school districts, community mental health services programs, or any other agency or organization with respect to individuals described in this section.
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) › 258-1974-2 - Chapter 2 County Community Mental Health Programs (330.1200...330.1246) › Section 330.1228 - Board; Contracts.

330.1228 Board; contracts.
Sec. 228.
Subject to the provisions of this chapter, a board is authorized to enter into contracts for the purchase of mental health services and property lease arrangements with private or public agencies or individuals. A board may enter into a contract with any facility or entity of the department with the approval of the director of the department.
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) › 258-1974-2 - Chapter 2 County Community Mental Health Programs (330.1200...330.1246) › Section 330.1230 - Services Program; Executive Director as Chief Executive and Administrative Officer; Terms and Conditions of Employment.

330.1230 Services program; executive director as chief executive and administrative officer; terms and conditions of employment.
Sec. 230.
The executive director of a community mental health services program shall function as the chief executive and administrative officer of the program and shall execute and administer the program in accordance with the approved annual plan and operating budget, the general policy guidelines established by the board, the applicable governmental procedures and policies, and the provisions of this act. The executive director has the authority and responsibility for supervising all employees. The terms and conditions of an executive director's employment, including tenure of service, shall be as mutually agreed to by the board and the executive director and shall be specified in a written contract.
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) › 258-1974-2 - Chapter 2 County Community Mental Health Programs (330.1200...330.1246) › Section 330.1231 - Medical Director; Appointment; Duties.

330.1231 Medical director; appointment; duties.
Sec. 231.
The executive director shall appoint a medical director who is a psychiatrist. The medical director shall advise the executive director on medical policy and treatment issues.
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) › 258-1974-2 - Chapter 2 County Community Mental Health Programs (330.1200...330.1246) › Section 330.1232 - Services Program; Review of Annual Plan, Needs Assessment, Request for Funds, Annual Contract, and Budget; Eligibility for State Support; Allocation of Funds.

330.1232 Services program; review of annual plan, needs assessment, request for funds, annual contract, and budget; eligibility for state support; allocation of funds.
Sec. 232.
The department shall review each community mental health services program's annual plan, needs assessment, request for funds, annual contract, and operating budget and approve or disapprove state funding in whole or in part. Eligibility for state financial support shall be contingent upon an approved contract and operating budget and certification in accordance with section 232a. Prior to the beginning of each state fiscal year, the department shall allocate state appropriated funds to the community mental health service programs in accordance with the approved contracts and budgets.
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) › 258-1974-2 - Chapter 2 County Community Mental Health Programs (330.1200...330.1246) › Section 330.1234 - Services Program; Review of Proposed Contract and Operating Budget; Criteria.

330.1234 Services program; review of proposed contract and operating budget; criteria.
Sec. 234.
In reviewing a community mental health services program's proposed contract and operating budget for the purpose of approval or disapproval, in whole or in part, or in making an allocation of state appropriated funds to a community mental health services program, the department shall consider:
(a) The state's mental health needs.
(b) The annual plan and needs assessment of the community mental health services program.
(c) The state's need for a reasonable degree of statewide standardization and control of services.
(d) The community mental health services program's need for a reasonable degree of flexibility and freedom to design, staff, and administer services in a manner that the program considers appropriate to its situation.
(e) The community mental health services program's need for a reasonable expectation that services meeting an essential mental health need and that are appropriately designed and executed will receive continuing state financial support within the constraint of state funds actually appropriated by the legislature.
(f) The demonstrated relevancy, quality, effectiveness, and efficiency of the community mental health services program's services.
(g) The adequacy of the community mental health services program's accounting for the expenditure of state funds.
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) › 258-1974-2 - Chapter 2 County Community Mental Health Programs (330.1200...330.1246) › Section 330.1236 - Services Program; Review of Expenditures; Withdrawal of Funds.

330.1236 Services program; review of expenditures; withdrawal of funds.
Sec. 236.
At intervals during the year, the department shall review the expenditures of each community mental health services program, and if the department determines that funds that have been allocated to a program are not needed by that program, the department may, with the concurrence of the board, withdraw the funds. Funds so withdrawn may be reallocated by the department to other community mental health services programs. The department may withdraw funds that have been allocated to a community mental health services program when the funds are being expended in a manner not provided for in the approved contract and operating budget. The department shall establish standards related to the frequency and timing of expenditure reviews described in this section.
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) › 258-1974-2 - Chapter 2 County Community Mental Health Programs (330.1200...330.1246) › Section 330.1238 - Review of Actions Involving Disapproval of Proposed Contract and Operating Budget, Allocation of Funds, or Withdrawal of Funds; Consultation.

330.1238 Review of actions involving disapproval of proposed contract and operating budget, allocation of funds, or withdrawal of funds; consultation.
Sec. 238.
If an executive director or a board specifically so requests, any action by the department involving a disapproval of a community mental health services program's proposed contract and operating budget, in whole or in part, or involving an allocation of funds to a community mental health services program or a withdrawal of funds from a community mental health services program, shall be reviewed in consultation with the affected executive director or board before the action is considered a final action. In any consultation, the representative of the community mental health services program shall be afforded a full opportunity to present his or her position.
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) › 258-1974-2 - Chapter 2 County Community Mental Health Programs (330.1200...330.1246) › Section 330.1240 - Expenditures Eligible for State Financial Support.

330.1240 Expenditures eligible for state financial support.
Sec. 240.
All expenditures by a community mental health services program necessary to execute the program shall be eligible for state financial support, except those excluded under section 242. Expenditures necessary to carry out the responsibilities and duties of a community mental health services program include expenditures for staff training and staff education and for mental health research when those expenditures are necessary or appropriate to the execution of the program.
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) › 258-1974-2 - Chapter 2 County Community Mental Health Programs (330.1200...330.1246) › Section 330.1241 - Adult Foster Care Facilities; Expenses Eligible for State Financial Support.

330.1241 Adult foster care facilities; expenses eligible for state financial support.
Sec. 241.
Expenditures for the maintenance and repair of adult foster care facilities owned or leased by a community mental health services program are eligible for state financial support. Expenses incurred in renovating an adult foster care facility that is leased or owned by a community mental health services program are also eligible for state financial support if the expenses are incurred for 1 or more of the following purposes:
(a) To correct physical plant deficiencies cited by the department of social services under state licensing rules.
(b) To purchase and install fire safety equipment or make physical plant changes that measurably assure a reasonable level of fire protection for all of the residents who live in the facility.
(c) To correct physical plant deficiencies in accordance with state and federal certification standards.
(d) To restore the facility to its prelease condition, if the facility's lease contains a clause stipulating that renovation is the lessee's responsibility at the time the lease expires or is terminated.
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) › 258-1974-2 - Chapter 2 County Community Mental Health Programs (330.1200...330.1246) › Section 330.1242 - Expenditures Ineligible for State Financial Support.

330.1242 Expenditures ineligible for state financial support.
Sec. 242.
The following expenditures by a community mental health services program are not eligible for state financial support except as permitted under section 241 or by the department:
(a) The construction, purchase, remodeling, or any similar capital cost of a building or facility, except that such cost is eligible for state financial support on an annual expense basis in an amount equal to a fair rental value of the space or building being utilized.
(b) The capital cost of equipment or similar items in an amount greater than that established by the department.
(c) Any cost item that does not represent or constitute a real or actual expenditure by the community mental health services program except to expend from a reserve account established by the board, as provided in section 205.
(d) That part of any expenditure that is obviously and manifestly extravagant in relation to its specific objective and context.
(e) Any category of expenditure or any portion of any category of expenditure, the ineligibility of which the department determines is necessary and appropriate to assure the reasonable use of state funds or to assure a legitimate interest of the state, and which determination is in accord with the intent and provisions of this chapter. Subject to section 114a, this subdivision shall be effectuated by rules promulgated by the department.
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) › 258-1974-2 - Chapter 2 County Community Mental Health Programs (330.1200...330.1246) › Section 330.1244 - Additional Powers and Duties of Department.

330.1244 Additional powers and duties of department.
Sec. 244.
In addition to the duties and powers elsewhere provided in this chapter, the department shall do all of the following:
(a) Seek to develop and establish arrangements and procedures for the effective coordination and integration of state services and community mental health services programs.
(b) Review and evaluate, at times and in a manner the department considers appropriate, the relevancy, quality, effectiveness, and efficiency of community mental health services programs. In developing or operating its community mental health services program information system, the department shall not collect any information that would make it possible to identify by name any individual who receives a service from a community mental health services program. Any such information in the possession of the department before August 6, 1974 shall not be disclosed by the department.
(c) Provide technical consultative services to counties seeking to establish or improve a community mental health services program, and provide other technical consultative services to community mental health services programs as the department considers feasible and appropriate.
(d) Audit, or cause to be audited, the expenditure of state funds by community mental health services programs. Copies of audit reports shall be forwarded to the auditor general.
(e) Subject to section 114a, promulgate rules it considers necessary or appropriate to implement the objectives and provisions of this chapter.
History:
1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1980, Act 423, Eff. Mar. 31, 1981 ;-- Am. 1986, Act 289, Imd. Eff. Dec. 22, 1986 ;-- 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) › 258-1974-2 - Chapter 2 County Community Mental Health Programs (330.1200...330.1246) › Section 330.1245 - Granting Staff Privileges to Psychiatrists.

330.1245 Granting staff privileges to psychiatrists.
Sec. 245.
The directors of psychiatric hospitals operated by the department may grant staff privileges to psychiatrists employed by or under contract with a community mental health services program under guidelines established by the hospital's governing body if requested by the executive director of the program. Staff privileges authorized under this section include the admission, treatment, and discharge of patients admitted from that program's service area. The credentials committee of the medical staff of the hospital shall review the credentials of all applicants for staff privileges and recommend to the hospital director the approval or disapproval of the granting of staff privileges to the applicant. Denial of a request for staff privileges may be appealed by the executive director to the hospital's governing board.
History:
Add. 1986, Act 289, Imd. Eff. Dec. 22, 1986 ;-- 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) › 258-1974-2 - Chapter 2 County Community Mental Health Programs (330.1200...330.1246) › Section 330.1246 - Repealed. 1995, Act 290, Eff. Mar. 28, 1996.

330.1246 Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
Compiler's Notes:
The repealed section pertained to Michigan conference of county community mental health programs.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-2A - Chapter 2a Substance Use Disorder Services (330.1260...330.1287) › Section 330.1260 - Definitions; Implementation and Completion of Changes.

330.1260 Definitions; implementation and completion of changes.
Sec. 260.
(1) As used in this chapter:
(a) "Child" means an individual less than 14 years of age.
(b) "Court" means the probate court for the county in which an individual, for whom a request for substance use disorder treatment and rehabilitation services has been made or a petition for involuntary treatment has been filed, either resides or is found.
(c) "Health professional" means an individual licensed or otherwise authorized to engage in a health profession under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838, and whose scope of practice includes the diagnosis and treatment of individuals with a substance use disorder.
(d) "Hospital" means a hospital licensed under part 215 of the public health code, 1978 PA 368, MCL 333.21501 to 333.21571.
(e) "Minor" means an individual 14 or more years of age and less than 18 years of age.
(f) "Person in loco parentis" means an individual who is not the parent or guardian of a child or minor but who has legal custody of the child or minor and is providing support and care for the child or minor.
(g) "Petitioner" means a person that institutes a proceeding under section 281a.
(h) "Physiological dependency" means addiction to alcohol or drugs that alters the body's physical or psychological status, or both.
(i) "Program" means a hospital, clinic, organization, or health professional licensed under part 62 of the public health code, 1978 PA 368, MCL 333.6230 to 333.6251, to provide substance use disorder services.
(j) "Respondent" means an individual alleged in a petition filed under section 281a to be an individual who has a substance use disorder and who may be ordered under section 281b or 281c to undergo involuntary treatment.
(2) The department shall begin implementation of the changes made to this chapter by 2012 PA 500 not later than October 1, 2013 and shall have the changes completed by not later than October 1, 2014.
History:
Add. 2012, Act 500, Imd. Eff. Dec. 28, 2012 ;-- Am. 2014, Act 200, Imd. Eff. June 24, 2014
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-2A - Chapter 2a Substance Use Disorder Services (330.1260...330.1287) › Section 330.1261 - Records; Confidentiality; Disclosure.

330.1261 Records; confidentiality; disclosure.
Sec. 261.
Records of the identity, diagnosis, prognosis, and treatment of an individual maintained in connection with the performance of a program, an approved service program, or an emergency medical service authorized or provided or assisted under this chapter are confidential and may be disclosed only for the purposes and under the circumstances authorized by section 262 or 263.
History:
Add. 2012, Act 500, Imd. Eff. Dec. 28, 2012
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-2A - Chapter 2a Substance Use Disorder Services (330.1260...330.1287) › Section 330.1262 - Person Subject of Record; Consent to Disclose Content; Revocation; Form of Authorization or Revocation.

330.1262 Person subject of record; consent to disclose content; revocation; form of authorization or revocation.
Sec. 262.
(1) An individual who is the subject of a record maintained under section 261 may consent in writing to the disclosure of the content of the record to:
(a) Health professionals for the purpose of diagnosis or treatment of the individual.
(b) Governmental personnel for the purpose of obtaining benefits to which the individual is entitled.
(c) Any other person specifically authorized by the individual.
(2) The individual consenting under subsection (1) may revoke the authorization for the disclosure at any time, unless expressly prohibited by federal legislation on confidentiality of alcohol and drug abuse patient records, by giving written notice to the program.
(3) The authorization or revocation shall be in a form specified by the department in accordance with regulations specifying the form of the written consent issued by the United States department of health, education, and welfare and the special action office for drug abuse prevention.
History:
Add. 2012, Act 500, Imd. Eff. Dec. 28, 2012
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-2A - Chapter 2a Substance Use Disorder Services (330.1260...330.1287) › Section 330.1263 - Consent to Disclose Not Given; Limitations.

330.1263 Consent to disclose not given; limitations.
Sec. 263.
If an individual who is the subject of a record maintained under section 261 does not give written consent, the content of the record may be disclosed only as follows:
(a) To medical personnel to the extent necessary to meet a bona fide medical emergency.
(b) To qualified personnel for the purpose of conducting scientific statistical research, financial audits, or program evaluation, but the personnel shall not directly or indirectly identify an individual in a report of the research audit or evaluation or otherwise disclose an identity in any manner.
(c) Upon application, a court of competent jurisdiction may order disclosure of whether a specific individual is under treatment by a program. In all other respects, the confidentiality shall be the same as the physician-patient relationship provided by law.
(d) Upon application, a court may order disclosure of a record for the purpose of a hearing under section 266 or 268.
History:
Add. 2012, Act 500, Imd. Eff. Dec. 28, 2012
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-2A - Chapter 2a Substance Use Disorder Services (330.1260...330.1287) › Section 330.1264 - Authorization of Services; Consent by Minor; Informing Spouse, Parent, Guardian, or Person in Loco Parentis; Legal Responsibility for Services.

330.1264 Authorization of services; consent by minor; informing spouse, parent, guardian, or person in loco parentis; legal responsibility for services.
Sec. 264.
(1) The consent to the provision of substance use disorder related medical or surgical care, treatment, or services by a hospital, clinic, or health professional authorized by law executed by a minor who is or professes to be an individual with a substance use disorder is valid and binding as if the minor had achieved the age of majority. The consent is not subject to later disaffirmance by reason of minority. The consent of any other person, including a spouse, parent, guardian, or person in loco parentis, is not necessary to authorize these services to be provided to a minor.
(2) For medical reasons, the treating physician, and, on the advice and direction of the treating physician, a member of the medical staff of a hospital or clinic or other health professional, may, but is not obligated to, inform the spouse, parent, guardian, or person in loco parentis as to the treatment given or needed. The information may be given to or withheld from these persons without consent of the minor and notwithstanding the express refusal of the minor to the providing of the information.
(3) A spouse, parent, guardian, or person in loco parentis of a minor is not legally responsible for services provided under this section.
History:
Add. 2012, Act 500, Imd. Eff. Dec. 28, 2012
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-2A - Chapter 2a Substance Use Disorder Services (330.1260...330.1287) › Section 330.1266 - Petition Requesting Court Determination Whether Services Necessary for Minor; Appointment of Guardian Ad Litem; Notice of Hearing; Right to Independent Diagnostic Evaluation; Hearing; Determinations; Confidentiality of Court Records.

330.1266 Petition requesting court determination whether services necessary for minor; appointment of guardian ad litem; notice of hearing; right to independent diagnostic evaluation; hearing; determinations; confidentiality of court records.
Sec. 266.
(1) A minor's parent or person in loco parentis to a minor may petition the court requesting the court's determination as to whether treatment and rehabilitation services are necessary for the minor.
(2) Upon receipt of a petition under subsection (1), the court shall appoint a guardian ad litem to represent the minor for the purposes of this section and sections 267 and 268 and shall notify all of the following persons of the time and place for the hearing:
(a) The minor's parents or person in loco parentis to the minor.
(b) The minor.
(c) The program director.
(d) The guardian ad litem for the minor.
(3) A minor has the right to an independent diagnostic evaluation by a program.
(4) A hearing on a petition under subsection (1) shall be held within 7 days of the court's receipt of the petition.
(5) At a hearing under this section, the court shall determine whether substance use disorder treatment and rehabilitation services are necessary. If the court determines that substance use disorder treatment and rehabilitation services are necessary, the court shall determine a suitable placement for the minor in the least restrictive setting available.
(6) In making the determinations under subsection (5), the court shall obtain and examine the diagnostic evaluation prepared for the minor under section 265. If an independent diagnostic evaluation was prepared, the court shall examine that evaluation. Information obtained under this section shall not be used to authorize a petition under section 2(a) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2.
(7) The court shall not order substance use disorder treatment and rehabilitation services under this section on the grounds that the minor's parent or person in loco parentis to the minor is unwilling or unable to provide or arrange for the minor's management, care, or residence.
(8) Court records maintained under this section are confidential and open only by order of the court to persons having a legitimate interest.
History:
Add. 2012, Act 500, Imd. Eff. Dec. 28, 2012
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-2A - Chapter 2a Substance Use Disorder Services (330.1260...330.1287) › Section 330.1267 - Treatment Plan; Review; Transmission of Review Results; Objection by Minor; Discharge of Minor From Program.

330.1267 Treatment plan; review; transmission of review results; objection by minor; discharge of minor from program.
Sec. 267.
(1) Not more than 30 days after the court orders the admission of a minor to a program under section 266, and at 60-day intervals after that, the director of the program shall perform or arrange to have performed a review of the minor's treatment plan.
(2) The results of the reviews shall be transmitted in writing within 72 hours after completion of the review to all of the following:
(a) The minor.
(b) The minor's parent or person in loco parentis to the minor.
(c) The minor's guardian ad litem.
(d) The court.
(3) A minor may object to his or her treatment plan within 30 days after receipt of the periodic review under subsection (1). The objection shall be in writing and shall state the basis on which it is being raised. At the minor's request, the minor's guardian ad litem shall assist the minor in properly submitting the objection.
(4) If it is determined that substance use disorder treatment and rehabilitation services are no longer necessary, the minor shall be discharged from the program. If the minor is discharged, the court shall be notified of the discharge.
History:
Add. 2012, Act 500, Imd. Eff. Dec. 28, 2012
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-2A - Chapter 2a Substance Use Disorder Services (330.1260...330.1287) › Section 330.1268 - Receipt of Objection; Hearing; Notice of Hearing; Actions by Court.

330.1268 Receipt of objection; hearing; notice of hearing; actions by court.
Sec. 268.
(1) Upon receipt of an objection filed under section 267, the court shall schedule a hearing to be held within 7 business days. After receipt of the objection, the court shall notify all of the following persons of the time and place for the hearing:
(a) The minor.
(b) The minor's parent or person in loco parentis to the minor.
(c) The minor's guardian.
(d) The program director.
(2) The court shall sustain the objection and order the discharge of the minor unless the court finds by clear and convincing evidence that substance use disorder treatment and rehabilitation services are necessary. If the court does not sustain the objection, an order shall not be entered, the objection shall be dismissed, and substance use disorder treatment and rehabilitation services shall continue.
History:
Add. 2012, Act 500, Imd. Eff. Dec. 28, 2012
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-2A - Chapter 2a Substance Use Disorder Services (330.1260...330.1287) › Section 330.1269 - Department-Designated Community Mental Health Entity and Community Mental Health Services Program Provider Network; Ability to Contract for and Spend Funds; Purposes.

330.1269 Department-designated community mental health entity and community mental health services program provider network; ability to contract for and spend funds; purposes.
Sec. 269.
The department-designated community mental health entity and its community mental health services program provider network may contract for and spend funds for the prevention of substance use disorder and for the counseling and treatment of individuals with substance use disorder. A department-designated community mental health entity and other community mental health services program may make contracts with the governing bodies of other department-designated community mental health entities and other community mental health services programs and other persons for these purposes.
History:
Add. 2012, Act 500, Imd. Eff. Dec. 28, 2012
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-2A - Chapter 2a Substance Use Disorder Services (330.1260...330.1287) › Section 330.1270 - Duties of Department.

330.1270 Duties of department.
Sec. 270.
The department shall do all of the following:
(a) Administer and coordinate state administered funds for substance use disorder treatment and rehabilitation services and substance use disorder prevention services.
(b) Use appropriations of revenues from taxes imposed by the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, exclusively for the purposes provided in that act.
(c) Recommend directly to the governor, after review and comment, budget and grant requests for public funds to be allocated for substance use disorder services including education, research, treatment, rehabilitation, and prevention activities.
(d) Provide technical assistance to department-designated community mental health entities and community mental health services programs and to treatment, rehabilitation, and prevention agencies for the purposes of program development, administration, and evaluation.
(e) Develop annually a comprehensive state plan through the use of federal, state, local, and private resources of adequate services and facilities for the prevention and control of substance use disorder and the diagnosis, treatment, and rehabilitation of individuals with substance use disorder.
(f) Evaluate, in cooperation with appropriate state departments and agencies, the effectiveness of substance use disorder services in the state funded by federal, state, local, and private resources, and annually during the month of November, report a summary of the detailed evaluation to the governor and the legislature.
History:
Add. 2012, Act 500, Imd. Eff. Dec. 28, 2012