Bill Text: MI SB0918 | 2023-2024 | 102nd Legislature | Engrossed
Bill Title: Mental health: other; petition for access to assisted outpatient treatment; expand to additional health providers. Amends sec. 473 of 1974 PA 258 (MCL 330.1473).
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2024-12-11 - Placed On Second Reading [SB0918 Detail]
Download: Michigan-2023-SB0918-Engrossed.html
Substitute For
SENATE BILL NO. 918
A bill to amend 1974 PA 258, entitled
"Mental health code,"
by amending section 473 (MCL 330.1473), as amended by 2018 PA 593.
the people of the state of michigan enact:
Sec. 473. (1) Not Except as otherwise provided in this section, not less than 14 days before the expiration of an initial, second, or continuing order of involuntary mental health treatment issued under section 472a or section 485a, a hospital director or an agency or mental health professional a physician, psychologist, or qualified health professional supervising an individual's assisted outpatient treatment shall file a petition for a second or continuing order of involuntary mental health treatment if the hospital director or supervisor believes the individual continues to be a person requiring treatment and that the individual is likely to refuse treatment on a voluntary basis when the order expires. The petition shall must contain a statement setting forth the reasons for the hospital director's or supervisor's or their joint determination that the individual continues to be a person requiring treatment, a statement describing the treatment program provided to the individual, the results of that course of treatment, and a clinical estimate as to the time further treatment will be required. The petition shall must be accompanied by a both of the following, as applicable:
(a) A clinical certificate executed by a psychiatrist.physician, psychologist, or qualified health professional.
(b) Except as otherwise provided in this subdivision, evidence that the physician, psychologist, or qualified health professional who executed the clinical certificate under subdivision (a) discussed their findings and the plan for treatment for the individual subject to the petition with a psychiatrist during or immediately after the examination. This subdivision does not apply to a physician who is a psychiatrist.
(2) Not less than 14 days before the expiration of an initial, second, or continuing order of assisted outpatient treatment issued under section 472a, a hospital director, an agency, a physician, psychologist, or qualified health professional supervising an individual's assisted outpatient treatment, or an individual 18 years of age or older, may file a petition for a second or continuing order of involuntary mental health treatment if the individual continues to be a person requiring treatment and the individual is likely to refuse treatment on a voluntary basis when the order expires. The petition must contain a statement setting forth the reason for the determination that the individual continues to be a person requiring treatment, a statement describing the treatment program provided to the individual, the result of that course of treatment, and a clinical estimate as to the time further treatment will be required. The petition must be accompanied by both of the following, as applicable:
(a) A clinical certificate executed by a physician, psychologist, or qualified health professional.
(b) Except as otherwise provided in this subdivision, evidence that the physician, psychologist, or qualified health professional who executed the clinical certificate under subdivision (a) discussed their findings and the plan for treatment for the individual subject to the petition with a psychiatrist during or immediately after the examination. This subdivision does not apply to a physician who is a psychiatrist.
(3) As used in this section:
(a) "Psychiatric nurse practitioner" means an individual who is licensed as a registered professional nurse under part 172 of the public health code, 1978 PA 368, MCL 333.17201 to 333.17242, who has been granted a specialty certification as a nurse practitioner by the Michigan board of nursing under section 17210 of the public health code, 1978 PA 368, MCL 333.17210, and who has training in the area of mental health.
(b) "Qualified health professional" means a psychiatric nurse practitioner who is acting under the delegation of a psychiatrist under section 16215 of the public health code, 1978 PA 368, MCL 333.16215, or a physician's assistant who is acting pursuant to a practice agreement with a psychiatrist under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.
