Michigan Compiled Laws
258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172.added)
Section 330.1100d - Definitions; S to W.

Sec. 100d.
(1) "Security transport officer" means an officer employed by a private security company under contract with a county under section 170.
(2) "Service" means a mental health service or a substance use disorder service.
(3) "Serious emotional disturbance" means a diagnosable mental, behavioral, or emotional disorder affecting a minor that exists or has existed during the past year for a period of time sufficient to meet diagnostic criteria specified in the most recent Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association and approved by the department and that has resulted in functional impairment that substantially interferes with or limits the minor's role or functioning in family, school, or community activities. The following disorders are included only if they occur in conjunction with another diagnosable serious emotional disturbance:
(a) A substance use disorder.
(b) A developmental disorder.
(c) "V" codes in the Diagnostic and Statistical Manual of Mental Disorders.
(4) "Serious mental illness" means a diagnosable mental, behavioral, or emotional disorder affecting an adult that exists or has existed within the past year for a period of time sufficient to meet diagnostic criteria specified in the most recent Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association and approved by the department and that has resulted in functional impairment that substantially interferes with or limits 1 or more major life activities. Serious mental illness includes dementia with delusions, dementia with depressed mood, and dementia with behavioral disturbance. Serious mental illness does not include any other dementia unless the dementia occurs in conjunction with another diagnosable serious mental illness. The following disorders also are included only if they occur in conjunction with another diagnosable serious mental illness:
(a) A substance use disorder.
(b) A developmental disorder.
(c) A "V" code in the Diagnostic and Statistical Manual of Mental Disorders.
(5) "Special compensation" means payment to an adult foster care facility to ensure the provision of a specialized program in addition to the basic payment for adult foster care. Special compensation does not include payment received directly from the Medicaid program for personal care services for a resident, or payment received under the supplemental security income program.
(6) "Specialized program" means a program of services, supports, or treatment that are provided in an adult foster care facility to meet the unique programmatic needs of individuals with serious mental illness or developmental disability as set forth in the resident's individual plan of services and for which the adult foster care facility receives special compensation.
(7) "Specialized residential service" means a combination of residential care and mental health services that are expressly designed to provide rehabilitation and therapy to a recipient, that are provided in the recipient's residence, and that are part of a comprehensive individual plan of services.
(8) "State administered funds" means revenues appropriated by the legislature exclusively for the purposes provided for in regard to substance use disorder services and prevention.
(9) "State facility" means a center or a hospital operated by the department.
(10) "State recipient rights advisory committee" means a committee appointed by the director under section 756 to advise the director and the director of the department's office of recipient rights.
(11) "Substance abuse" means the taking of alcohol or other drugs at dosages that place an individual's social, economic, psychological, and physical welfare in potential hazard or to the extent that an individual loses the power of self-control as a result of the use of alcohol or drugs, or while habitually under the influence of alcohol or drugs, endangers public health, morals, safety, or welfare, or a combination thereof.
(12) "Substance use disorder" means chronic disorder in which repeated use of alcohol, drugs, or both, results in significant and adverse consequences. Substance use disorder includes substance abuse.
(13) "Substance use disorder prevention services" means services that are intended to reduce the consequences of substance use disorders in communities by preventing or delaying the onset of substance abuse and that are intended to reduce the progression of substance use disorders in individuals. Substance use disorder prevention is an ordered set of steps that promotes individual, family, and community health, prevents mental and behavioral disorders, supports resilience and recovery, and reinforces treatment principles to prevent relapse.
(14) "Substance use disorder treatment and rehabilitation services" means providing identifiable recovery-oriented services including the following:
(a) Early intervention and crisis intervention counseling services for individuals who are current or former individuals with substance use disorder.
(b) Referral services for individuals with substance use disorder, their families, and the general public.
(c) Planned treatment services, including chemotherapy, counseling, or rehabilitation for individuals physiologically or psychologically dependent upon or abusing alcohol or drugs.
(15) "Supplemental security income" means the program authorized under title XVI of the social security act, 42 USC 1381 to 1383f.
(16) "Telemedicine" means the use of an electronic media to link patients with health care professionals in different locations. To be considered telemedicine under this section, the health care professional must be able to examine the patient via a health insurance portability and accountability act of 1996, Public Law 104-191 compliant, secure interactive audio or video, or both, telecommunications system, or through the use of store and forward online messaging.
(17) "Transfer facility" means a facility selected by the department-designated community mental health entity, which facility is physically located in a jail or lockup and is staffed by at least 1 designated representative when in use according to chapter 2A.
(18) "Transition services" means a coordinated set of activities for a special education student designed within an outcome-oriented process that promotes movement from school to postschool activities, including postsecondary education, vocational training, integrated employment including supported employment, continuing and adult education, adult services, independent living, or community participation.
(19) "Treatment" means care, diagnostic, and therapeutic services, including administration of drugs, and any other service for treatment of an individual's serious mental illness, serious emotional disturbance, or substance use disorder.
(20) "Urgent situation" means a situation in which an individual is determined to be at risk of experiencing an emergency situation in the near future if he or she does not receive care, treatment, or support services.
(21) "Wraparound services" means an individually designed set of services provided to minors with serious emotional disturbance or serious mental illness and their families that includes treatment services and personal support services or any other supports necessary to foster education preparedness, employability, and preservation of the child in the family home. Wraparound services are to be developed through an interagency collaborative approach and a minor's parent or guardian and a minor age 14 or older are to participate in planning the services.
History: Add. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2012, Act 500, Imd. Eff. Dec. 28, 2012 ;-- Am. 2014, Act 200, Imd. Eff. June 24, 2014 ;-- Am. 2015, Act 59, Eff. Oct. 1, 2015 ;-- Am. 2020, Act 99, Imd. Eff. June 24, 2020 ;-- Am. 2022, Act 146, Eff. (sine die) ;-- Am. 2022, Act 214, Imd. Eff. Oct. 14, 2022

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 330 - Mental Health Code

Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)

258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172.added)

Section 330.1100 - Definitions.

Section 330.1100a - Definitions; a to E.

Section 330.1100b - Definitions; F to N.

Section 330.1100c - Definitions; P to R.

Section 330.1100d - Definitions; S to W.

Section 330.1102 - Department; Establishment.

Section 330.1104 - Director as Head of Department; Authority; Delegation; Appointment of Medical Director of Mental Health Services; Clinical Psychiatric Decisions.

Section 330.1106 - Director; Appointment, Term, and Qualifications.

Section 330.1108 - Director; Compensation; Restriction.

Section 330.1110 - Citizens Mental Health Advisory Council.

Section 330.1112 - Internal Organization of Department.

Section 330.1113 - Injury to Employee as Result of Assault by Recipient of Mental Health Services; Compensation and Fringe Benefits.

Section 330.1114 - Rules.

Section 330.1114a - Applicability of Provisions Requiring or Permitting Rule Promulgation.

Section 330.1116 - Powers and Duties of Department.

Section 330.1116a - Repealed. 2016, Act 320, Eff. Feb. 14, 2017.

Section 330.1118 - Official Name of Facility; Terminology.

Section 330.1120 - Official Head of Facility.

Section 330.1122 - Geographical Service Districts.

Section 330.1124 - Waiting Lists for Admissions.

Section 330.1126 - Admission or Services Appropriate to Individual's Condition or Needs; Duration of Treatment.

Section 330.1128 - Center for Forensic Psychiatry.

Section 330.1130 - Repealed. 1995, Act 290, Eff. Mar. 28, 1996.

Section 330.1132 - Repealed. 1995, Act 290, Eff. Mar. 28, 1996.

Section 330.1134 - Psychiatric Hospitals and Psychiatric Units; Licensing; Separate Criteria for Minors; Coordination, Cooperation, and Agreements With State Agencies; Purpose.

Section 330.1134a - Employing, Contracting, or Granting Clinical Privileges to Individuals; Prohibitions; Written Consent; Criminal History Check; Conditional Employment or Granting Clinical Privileges; False Information; Use of Information Obtained...

Section 330.1135 - Rules; MCL 330.1134 to 330.1150 Inapplicable to Adult Foster Care Facilities or Child Care Organizations.

Section 330.1136 - Administration of MCL 330.1134 to 330.1150; Rules.

Section 330.1137 - Psychiatric Hospital and Psychiatric Unit, License Required; Disclosures; Provisional License; Violation; Penalty; Annual Licensure; Fees; Receipt of Completed Application; Issuance of License Within Certain Time Period; Report; “C...

Section 330.1137a - Psychiatric Residential Treatment Facilities (Prtfs) for Medicaid Recipients; Request for Proposals for Providers; Reimbursement Requirements; Rules; Evaluation and Revocation.

Section 330.1138 - Original or Annual License; Inspection and Approval by Bureau of Fire Services.

Section 330.1139 - License and Permit Fees.

Section 330.1140 - Premises of Applicant or Licensee; Right of Entry.

Section 330.1141 - Record of Patient.

Section 330.1141a - Exchange of Confidential Mental Health and Substance Use Disorder Information; Development of Standard Release Form; Workgroup; Considerations; Availability; Electronic Transmission.

Section 330.1142 - Compliance With Nondiscriminatory Laws.

Section 330.1143 - Governing Body of Facility; Responsibilities.

Section 330.1143a - Review of Professional Practices; Scope; Confidentiality; Disclosure.

Section 330.1143b - Patient Referral; Money or Other Consideration Prohibited; Violation; Penalty.

Section 330.1144 - Suspension, Denial, or Revocation of License; Notice.

Section 330.1145 - Hearing.

Section 330.1146 - Appeal.

Section 330.1147 - Exemptions.

Section 330.1148 - Use of Term “Psychiatric Hospital” or “Psychiatric unit.”

Section 330.1149 - Action to Restrain or Prevent Construction, Establishment, Management, or Operation of Psychiatric Hospital or Unit Without License.

Section 330.1149b - Compliance With MCL 333.13801 to 333.13832.

Section 330.1150 - Violation.

Section 330.1151 - Electronic Inpatient Bed Registry; Accessibility; Guidance Committee; Reporting Requirements; Quarterly Status Reports; Secondary Use; Michigan Crisis and Access Line.

Section 330.1152 - Adult Foster Care Facility; Noncompliance With Contract, Agreement, or Arrangement; Notice; Suspension, Revocation, or Cancellation.

Section 330.1153 - Rules for Placement of Mentally Ill or Developmentally Disabled Adults Into Community Based Dependent Living Settings or Programs; Rules for Certification of Specialized Programs; Inspection of Facility; Inspection Report and Certi...

Section 330.1155 - Repealed. 1995, Act 290, Eff. Mar. 28, 1996.

Section 330.1156 - Family Support Subsidy Program; Establishment; Purpose.

Section 330.1157 - Rules; Creation and Contents of Application Forms.

Section 330.1158 - Effect of Approval of Application; Contract; Report.

Section 330.1158a - Family Support Subsidy Payments Not Alienable.

Section 330.1159 - Termination or Denial of Family Support Subsidy; Hearing.

Section 330.1160 - Family Support Subsidies; Payment; Adjustment of Amounts.

Section 330.1161 - Annual Evaluation of Program.

Section 330.1162 - Office of Multicultural Services; Creation; Director.

Section 330.1163 - Standing Committee on Multicultural Services; Appointment of Members; Purpose.

Section 330.1164 - Duties of Office.

Section 330.1165 - Michigan Crisis and Access Line; Electronic Inpatient Psychiatric Bed Registry.

Section 330.1170.added - County Mental Health Transportation Panel; Membership; Contract With Private Security Company; Security Transport Officers.

Section 330.1172.added - Mental Health Transportation Fund.