Sec. 752.
(1) The department, each community mental health services program, each licensed hospital, and each service provider under contract with the department, a community mental health services program, or a licensed hospital shall establish written policies and procedures concerning recipient rights and the operation of an office of recipient rights. The policies and procedures shall provide a mechanism for prompt reporting, review, investigation, and resolution of apparent or suspected violations of the rights guaranteed by this chapter, shall be consistent with this chapter and chapter 7a, and shall be designed to protect recipients from, and prevent repetition of, violations of rights guaranteed by this chapter and chapter 7a. The policies and procedures shall include, at a minimum, all of the following:
(a) Complaint and appeal processes.
(b) Consent to treatment and services.
(c) Sterilization, contraception, and abortion.
(d) Fingerprinting, photographing, audiotaping, and use of 1-way glass.
(e) Abuse and neglect, including detailed categories of type and severity.
(f) Confidentiality and disclosure.
(g) Treatment by spiritual means.
(h) Qualifications and training for recipient rights staff.
(i) Change in type of treatment.
(j) Medication procedures.
(k) Use of psychotropic drugs.
(l) Use of restraint.
(m) Right to be treated with dignity and respect.
(n) Least restrictive setting.
(o) Services suited to condition.
(p) Policies and procedures that address all of the following matters with respect to residents:
(i) Right to entertainment material, information, and news.
(ii) Comprehensive examinations.
(iii) Property and funds.
(iv) Freedom of movement.
(v) Resident labor.
(vi) Communication and visits.
(vii) Use of seclusion.
(2) All policies and procedures required by this section shall be established within 12 months after the effective date of the amendatory act that added section 753.
History: 1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
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.