Bill Text: MI HB4833 | 2023-2024 | 102nd Legislature | Engrossed
Bill Title: Health: substance use disorder treatment; licensure for substance use disorder service program; modify. Amends secs. 6233, 6235, 6236 & 6251 of 1978 PA 368 (MCL 333.6233 et seq.).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-12-18 - Referred To Committee On Government Operations [HB4833 Detail]
Download: Michigan-2023-HB4833-Engrossed.html
Substitute For
HOUSE BILL NO. 4833
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 6230, 6233, 6234, 6235, 6236, and 6251 (MCL 333.6230, 333.6233, 333.6234, 333.6235, 333.6236, and 333.6251), sections 6230 and 6234 as added and sections 6233, 6235, 6236, and 6251 as amended by 2012 PA 501.
the people of the state of michigan enact:
Sec. 6230. As used in this part:
(a) "Department" means the department of licensing and regulatory affairs.
(b) "Director" means the director of the department or his or her the director's designee.
(c) "Substance use disorder prevention services" means that term as defined in section 100d of the mental health code, 1974 PA 258, MCL 330.1100d.
(d) (c) "Substance use disorder services" means substance use disorder prevention services or substance use disorder treatment and rehabilitation services, or both. , as those terms are defined in section 100d of the mental health code, 1974 PA 258, MCL 330.1100d.
(e) "Substance use disorder treatment and rehabilitation services" means that term as defined in section 100d of the mental health code, 1974 PA 258, MCL 330.1100d.
Sec. 6233. (1) A Except as provided under subsection (4), a person not otherwise licensed to provide psychological, medical, or social services shall not establish, conduct, or maintain a substance use disorder services program that offers any service that is a substance use disorder treatment and rehabilitation service unless it is licensed under this part.
(2) The department shall establish a licensing unit to administer the licensing functions of this part.
(3) This section does not apply to a private, nonprofit organization exempt under section 501(c)(3)of the internal revenue code, 26 USC 501, that has been in existence since before September 30, 1965 and whose major purpose is to provide residential services for the redirection and improvement of drug abusers and other character disordered individuals.
(3) A license under this part is not required to provide substance use disorder prevention services.
(4) A license under this part is not required by any of the following:
(a) A person that is otherwise licensed to provide psychological, medical, or social services.
(b) A hospital licensed under article 17.
(c) A psychiatric hospital or psychiatric unit licensed under section 134 of the mental health code, 1974 PA 258, MCL 330.1134.
Sec. 6234. The department may promulgate rules under the administrative procedures act of 1969 for the administration of this part and the licensing of substance use disorder treatment and rehabilitation services programs under this part. Rules promulgated under former section 6231 relating to the licensing of substance use disorder services programs remain effective and applicable on and after the effective date of this section January 1, 2013, until rules are first promulgated by the department under this section.
Sec. 6235. (1) An application for a license shall must be in a form prescribed by the department and shall authorize the director to obtain from any source information as to the ability of the applicant to comply with this part and rules promulgated under this part.
(2) An applicant for an initial license shall must include evidence of notice to churches, schools, and incorporated nonprofit civic organizations in the applicant's service delivery area of its intent to provide substance use disorder treatment and rehabilitation services.
Sec. 6236. The department shall provide an opportunity for individuals in the applicant's service delivery area to comment before the issuance of a license to the applicant. The department shall make the decision to issue or deny a license based on the applicant's ability to comply with the requirements of this part and rules promulgated under this part. If the administrative decision is the denial of a license, the department shall describe the reasons for the denial in writing to the applicant at the time the decision is rendered.
Sec. 6251. Notwithstanding the existence of any other remedy, the department may maintain an action in the name of this state for an injunction or other process against a person to restrain or prevent the establishment, conduct, management, or operation of a substance use disorder services program offering substance use disorder treatment and rehabilitation services without a license or where if operation of the licensee's program is likely to result in serious harm to recipients of the substance use disorder treatment and rehabilitation services.
