Michigan Compiled Laws
258-1974-7 - Chapter 7 Rights of Recipients of Mental Health Services (330.1700...330.1758)
Section 330.1700 - Definitions.

Sec. 700.
As used in this chapter, unless the context requires otherwise:
(a) "Criminal abuse" means 1 or more of the following:
(i) An assault that is a violation or an attempt or conspiracy to commit a violation of sections 81 to 90 of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being sections 750.81 to 750.90 of the Michigan Compiled Laws. Criminal abuse does not include an assault or an assault and battery that is a violation of section 81 of Act No. 328 of the Public Acts of 1939, being section 750.81 of the Michigan Compiled Laws, and that is committed by a recipient against another recipient.
(ii) A criminal homicide that is a violation or an attempt or conspiracy to commit a violation of section 316, 317, or 321 of Act No. 328 of the Public Acts of 1931, being sections 750.316, 750.317, and 750.321 of the Michigan Compiled Laws.
(iii) Criminal sexual conduct that is a violation or an attempt or conspiracy to commit a violation of sections 520b to 520e or 520g of Act No. 328 of the Public Acts of 1931, being sections 750.520b to 750.520e and 750.520g of the Michigan Compiled Laws.
(iv) Vulnerable adult abuse that is a violation or an attempt or conspiracy to commit a violation of section 145n of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being section 750.145n of the Michigan Compiled Laws.
(v) Child abuse that is a violation or an attempt or conspiracy to commit a violation of section 136b of Act No. 328 of the Public Acts of 1931, being section 750.136b of the Michigan Compiled Laws.
(b) "Health care corporation" means a nonprofit health care corporation operating under the nonprofit health care corporation reform act, Act No. 350 of the Public Acts of 1980, being sections 550.1101 to 550.1704 of the Michigan Compiled Laws.
(c) "Health care insurer" means an insurer authorized to provide health insurance in this state or a legal entity that is self-insured and provides health care benefits to its employees.
(d) "Health maintenance organization" means an organization licensed under part 210 of the public health code, Act No. 368 of the Public Acts of 1978, being sections 333.21001 to 333.21098 of the Michigan Compiled Laws.
(e) "Money" means any legal tender, note, draft, certificate of deposit, stock, bond, check, or credit card.
(f) "Nonprofit dental care corporation" means a dental care corporation incorporated under Act No. 125 of the Public Acts of 1963, being sections 550.351 to 550.373 of the Michigan Compiled Laws.
(g) "Person-centered planning" means a process for planning and supporting the individual receiving services that builds upon the individual's capacity to engage in activities that promote community life and that honors the individual's preferences, choices, and abilities. The person-centered planning process involves families, friends, and professionals as the individual desires or requires.
(h) "Privileged communication" means a communication made to a psychiatrist or psychologist in connection with the examination, diagnosis, or treatment of a patient, or to another person while the other person is participating in the examination, diagnosis, or treatment or a communication made privileged under other applicable state or federal law.
(i) "Restraint" means the use of a physical device to restrict an individual's movement. Restraint does not include the use of a device primarily intended to provide anatomical support.
(j) "Seclusion" means the temporary placement of a recipient in a room, alone, where egress is prevented by any means.
(k) "Support plan" means a written plan that specifies the personal support services or any other supports that are to be developed with and provided for a recipient.
(l) "Treatment plan" means a written plan that specifies the goal-oriented treatment or training services, including rehabilitation or habilitation services, that are to be developed with and provided for a recipient.
History: 1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 330 - Mental Health Code

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

258-1974-7 - Chapter 7 Rights of Recipients of Mental Health Services (330.1700...330.1758)

Section 330.1700 - Definitions.

Section 330.1702 - Receipt of Mental Health Services; Rights, Benefits, Privileges, and Competency Not Affected.

Section 330.1704 - Rights of Recipient.

Section 330.1705 - Second Opinion.

Section 330.1706 - Notice of Rights.

Section 330.1706a - Pamphlet; Preparation; Distribution; Contents.

Section 330.1707 - Rights of Minor.

Section 330.1708 - Suitable Services; Treatment Environment; Setting; Rights.

Section 330.1710 - Physical and Mental Examination; Reexamination.

Section 330.1711 - Rights of Family Members.

Section 330.1712 - Individualized Written Plan of Services.

Section 330.1713 - Choice of Physician or Mental Health Professional.

Section 330.1714 - Informing Resident of Clinical Status and Progress.

Section 330.1715 - Services of Mental Health Professional.

Section 330.1716 - Surgery; Consent.

Section 330.1717 - Electroconvulsive Therapy or Other Procedure; Consent.

Section 330.1718 - Psychotropic Drugs.

Section 330.1719 - Psychotropic Drug Treatment; Duties of Prescriber or Licensed Health Professional.

Section 330.1720 - Statistical Report of Deaths; Investigation.

Section 330.1721 - Investigation of Certain Deaths Reported by Psychiatric Hospital or Psychiatric Unit.

Section 330.1722 - Protection of Recipient From Abuse or Neglect.

Section 330.1723 - Suspected Abuse of Recipient or Resident; Report to Law Enforcement Agency.

Section 330.1723a - Appointment of Guardian Ad Litem.

Section 330.1723b - Report by Person Not Employed by or Under Contract to Department, Facility, or Community Mental Health Services Program.

Section 330.1723c - Violation of MCL 330.1723 or Making of False Report as Misdemeanor; Civil Liability.

Section 330.1724 - Fingerprints, Photographs, Audiorecording, or Use of 1-Way Glass.

Section 330.1726 - Communication by Mail and Telephone; Visits.

Section 330.1728 - Personal Property.

Section 330.1730 - Money.

Section 330.1732 - Accepting Funds for Use of Resident.

Section 330.1734 - Facility as Representative Payee or Fiduciary.

Section 330.1736 - Performance of Labor by Resident.

Section 330.1738 - Repealed. 1995, Act 290, Eff. Mar. 28, 1996.

Section 330.1740 - Physical Restraint.

Section 330.1742 - Seclusion.

Section 330.1744 - Freedom of Movement.

Section 330.1746 - Record.

Section 330.1748 - Confidentiality.

Section 330.1748a - Child Abuse or Neglect Investigation; Request for Mental Health Records and Information; Immunity From Civil or Administrative Liability; Imposition of Duties Under Another Statute.

Section 330.1749 - Statement Correcting or Amending Information.

Section 330.1750 - Privileged Communications.

Section 330.1752 - Policies and Procedures.

Section 330.1753 - Recipient Rights System; Review by Department.

Section 330.1754 - State Office of Recipient Rights; Establishment by Department; Selection of Director; Powers and Authority of State Office of Recipient Rights.

Section 330.1755 - Office of Recipient Rights; Establishment by Community Mental Health Services Program and Hospital.

Section 330.1756 - State Recipient Rights Advisory Committee; Appointment by Director.

Section 330.1757 - Recipient Rights Advisory Committee; Appointment by Community Mental Health Services Program Board.

Section 330.1758 - Recipient Rights Advisory Committee; Appointment by Licensed Hospital.