Sec. 742.
(1) Seclusion shall be used only in a hospital, a center, or a child caring institution licensed under 1973 PA 116, MCL 722.111 to 722.128. A resident placed in a hospital or center shall not be kept in seclusion except in the circumstances and under the conditions set forth in this section.
(2) A minor placed in a child caring institution shall not be placed or kept in seclusion except as provided in 1973 PA 116, MCL 722.111 to 722.128, or rules promulgated under that act.
(3) A resident may be placed in seclusion only as provided under subsection (4), (5), or (6) and only if it is essential in order to prevent the resident from physically harming others, or in order to prevent the resident from causing substantial property damage.
(4) Seclusion may be temporarily employed for a maximum of 30 minutes in an emergency without an authorization or an order. Immediately after the resident is placed in temporary seclusion, a physician shall be contacted. If, after being contacted, the physician does not authorize or order the seclusion, the resident shall be removed from seclusion.
(5) A resident may be placed in seclusion under an authorization by a physician. Authorized seclusion shall continue only until a physician can personally examine the resident or for 1 hour, whichever is less.
(6) A resident may be placed in seclusion under an order of a physician made after personal examination of the resident to determine if the ordered seclusion poses an undue health risk to the resident. Ordered seclusion shall continue only for that period of time specified in the order or for 8 hours, whichever is less. An order for a minor shall continue for a maximum of 4 hours.
(7) A secluded resident shall continue to receive food, shall remain clothed unless his or her actions make it impractical or inadvisable, shall be kept in sanitary conditions, and shall be provided a bed or similar piece of furniture unless his or her actions make it impractical or inadvisable.
(8) A secluded resident shall be released from seclusion whenever the circumstance that justified its use ceases to exist.
(9) Each instance of seclusion requires full justification for its use, and the results of each periodic examination shall be placed promptly in the record of the resident.
(10) If a resident is secluded repeatedly, the resident's individual plan of services shall be reviewed and modified to facilitate the reduced use of seclusion.
History: 1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 1996, Act 588, Imd. Eff. Jan. 21, 1997 ;-- Am. 2004, Act 527, Imd. Eff. Jan. 3, 2005
Structure 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 330.1704 - 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 330.1720 - Statistical Report of Deaths; Investigation.
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 330.1724 - Fingerprints, Photographs, Audiorecording, or Use of 1-Way Glass.
Section 330.1726 - Communication by Mail and Telephone; Visits.
Section 330.1728 - Personal Property.
Section 330.1732 - 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 330.1744 - Freedom of Movement.
Section 330.1748 - Confidentiality.
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 330.1756 - State Recipient Rights Advisory Committee; Appointment by Director.
Section 330.1758 - Recipient Rights Advisory Committee; Appointment by Licensed Hospital.