Bill Text: MI HB4513 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Health occupations: mental health care professionals; mandatory reporting requirements for a licensed clinical art therapist; require. Amends sec. 100b of 1974 PA 258 (MCL 330.1100b). TIE BAR WITH: HB 4514'23
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Introduced) 2023-05-09 - Bill Electronically Reproduced 05/04/2023 [HB4513 Detail]
Download: Michigan-2023-HB4513-Introduced.html
HOUSE BILL NO. 4513
A bill to amend 1974 PA 258, entitled
"Mental health code,"
by amending section 100b (MCL 330.1100b), as amended by 2020 PA 402.
the people of the state of michigan enact:
Sec. 100b. (1) Except as otherwise provided in this subsection, "facility" means a residential facility for the care or treatment of individuals with serious mental illness, serious emotional disturbance, or developmental disability that is either a state facility or a licensed facility. Facility includes a preadmission screening unit established under section 409 that is operating a crisis stabilization unit.
(2) "Family" as used in sections 156 to 161 means an eligible minor and his or her parent or legal guardian.
(3) "Family member" means a parent, stepparent, spouse, sibling, child, or grandparent of a primary consumer, or an individual upon whom a primary consumer is dependent for at least 50% of his or her financial support.
(4) "Federal funds" means funds received from the federal government under a categorical grant or similar program and does not include federal funds received under a revenue sharing arrangement.
(5) "Functional impairment" means both of the following:
(a) With regard to serious emotional disturbance, substantial interference with or limitation of a minor's achievement or maintenance of 1 or more developmentally appropriate social, behavioral, cognitive, communicative, or adaptive skills.
(b) With regard to serious mental illness, substantial interference or limitation of role functioning in 1 or more major life activities including basic living skills such as eating, bathing, and dressing; instrumental living skills such as maintaining a household, managing money, getting around the community, and taking prescribed medication; and functioning in social, vocational, and educational contexts.
(6) "Guardian" means a person appointed by the court to exercise specific powers over an individual who is a minor, legally incapacitated, or developmentally disabled.
(7) "Hospital" or "psychiatric hospital" means an inpatient program operated by the department for the treatment of individuals with serious mental illness or serious emotional disturbance or a psychiatric hospital or psychiatric unit licensed under section 137.
(8) "Hospital director" means the chief administrative officer of a hospital or his or her designee.
(9) "Hospitalization" or "hospitalize" means to provide treatment for an individual as an inpatient in a hospital.
(10) "Incapacitated" means that an individual, as a result of the use of alcohol or other drugs, is unconscious or has his or her mental or physical functioning so impaired that he or she either poses an immediate and substantial danger to his or her own health and safety or is endangering the health and safety of the public.
(11) "Individual plan of services" or "plan of services" means a written individual plan of services developed with a recipient as required by section 712.
(12) "Individual representative" means a recipient's legal guardian, minor recipient's parent, or other person authorized by law to represent the recipient in decision-making related to the recipient's services and supports.
(13) "Intellectual disability" means a condition manifesting before the age of 18 years that is characterized by significantly subaverage intellectual functioning and related limitations in 2 or more adaptive skills and that is diagnosed based on the following assumptions:
(a) Valid assessment considers cultural and linguistic diversity, as well as differences in communication and behavioral factors.
(b) The existence of limitation in adaptive skills occurs within the context of community environments typical of the individual's age peers and is indexed to the individual's particular needs for support.
(c) Specific adaptive skill limitations often coexist with strengths in other adaptive skills or other personal capabilities.
(d) With appropriate supports over a sustained period, the life functioning of the individual with an intellectual disability will generally improve.
(14) "Licensed facility" means a facility licensed by the department under section 137 or an adult foster care facility.
(15) "Licensed psychologist" means a doctoral level psychologist licensed under section 18223(1) of the public health code, 1978 PA 368, MCL 333.18223.
(16) "Mediation" means a confidential process in which a neutral third party facilitates communication between parties, assists in identifying issues, and helps explore solutions to promote a mutually acceptable resolution. A mediator does not have authoritative decision-making power.
(17) "Medicaid" means the program of medical assistance established under section 105 of the social welfare act, 1939 PA 280, MCL 400.105.
(18) "Medical director" means a psychiatrist appointed under section 231 to advise the executive director of a community mental health services program.
(19) "Mental health professional" means an individual who is trained and experienced in the area of mental illness or developmental disabilities and who is 1 of the following:
(a) A physician.
(b) A psychologist.
(c) A registered professional nurse licensed or otherwise authorized to engage in the practice of nursing under part 172 of the public health code, 1978 PA 368, MCL 333.17201 to 333.17242.
(d) A licensed master's social worker licensed or otherwise authorized to engage in the practice of social work at the master's level under part 185 of the public health code, 1978 PA 368, MCL 333.18501 to 333.18518.
(e) A licensed professional counselor licensed or otherwise authorized to engage in the practice of counseling under part 181 of the public health code, 1978 PA 368, MCL 333.18101 to 333.18117.
(f) A licensed marriage and family therapist licensed or otherwise authorized to engage in the practice of marriage and family therapy under part 169 of the public health code, 1978 PA 368, MCL 333.16901 to 333.16915.
(g) A licensed art therapist licensed or otherwise authorized to engage in the practice of art therapy under part 169B of the public health code, 1978 PA 368, MCL 333.16971 to 333.16983.
(20) "Minor" means an individual under the age of 18 years.
(21) "Multicultural services" means specialized mental health services for multicultural populations such as African-Americans, Hispanics, Native Americans, Asian and Pacific Islanders, and Arab/Chaldean-Americans.
(22) "Neglect" means an act or failure to act committed by an employee or volunteer of the department, a community mental health services program, or a licensed hospital; a service provider under contract with the department, a community mental health services program, or a licensed hospital; or an employee or volunteer of a service provider under contract with the department, a community mental health services program, or a licensed hospital, that denies a recipient the standard of care or treatment to which he or she is entitled under this act.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 4514 (request no. 02235'23) of the 102nd Legislature is enacted into law.
