MCL - Index of Chapter 330

NOTE: Dates reflect any modification to item, not necessarily a change in law.
Title Subject
Chapter 330 MENTAL HEALTH CODE
Act 271 of 1945 Repealed-DEPARTMENT OF MENTAL HEALTH (330.1 - 330.4)
Act 151 of 1923 Repealed-THE HOSPITAL ACT FOR MENTALLY DISEASED PERSONS (330.11 - 330.71)
Act 270 of 1965 Repealed-INTERSTATE COMPACT ON MENTAL HEALTH (330.81 - 330.86)
Act 229 of 1956 Repealed-REIMBURSEMENT FOR HOSPITAL CARE OF MENTALLY ILL PERSONS (330.91 - 330.94)
Act 7 of 1901 Repealed-STATE ASYLUM AT IONIA (330.101 - 330.101)
Act 129 of 1945 Repealed-JAMES DECKER MUNSON HOSPITAL (330.161 - 330.166)
Act 223 of 1947 Repealed-JAMES DECKER MUNSON HOSPITAL; LEASE (330.171 - 330.175)
Act 39 of 1935 Repealed-CHILDREN'S CLINIC AT TRAVERSE CITY STATE HOSPITAL (330.181 - 330.183)
Act 48 of 1949 Repealed-COMMUNITY HOSPITAL; TRAVERSE CITY (330.191 - 330.194)
Act 231 of 1923 Repealed-DETENTION OF MENTALLY DISEASED PERSONS (330.201 - 330.202)
Act 392 of 1921 Repealed-FEEBLE-MINDED AND EPILEPTIC PERSONS (330.251 - 330.255)
Act 148 of 1957 Repealed-DAY SCHOOL PROGRAM FOR MENTALLY HANDICAPPED CHILDREN (330.261 - 330.261)
Act 148 of 1927 Repealed-DRUG ADDICTS; WAYNE COUNTY HOSPITAL (330.301 - 330.305)
Act 85 of 1937 Repealed-STATE PSYCHOPATHIC HOSPITAL (330.401 - 330.407)
Act 217 of 1954 Repealed-COMBINED PSYCHIATRIC HOSPITAL AND CLINIC (330.421 - 330.427)
Act 5 of 1951 Repealed-MICHIGAN PICTURE TEST (330.451 - 330.453)
Act 12 of 1951 Repealed-HOSPITAL BONDS (330.501 - 330.506)
Act 1 of 1955 (2nd Ex. Sess.) Repealed-EMERGENCY HOSPITALIZATION OF MENTALLY DEFICIENT CHILDREN (330.557 - 330.558)
Act 21 of 1963 Repealed-GAYLORD STATE HOME (330.561 - 330.562)
Act 56 of 1969 Repealed-SOUTHWESTERN TUBERCULOSIS SANATORIUM (330.571 - 330.572)
Act 54 of 1963 Repealed-COMMUNITY MENTAL HEALTH SERVICES PROGRAM (330.601 - 330.615)
Act 335 of 1965 Repealed-MENTALLY RETARDED PERSONS AND MENTALLY ILL CHILDREN (330.651 - 330.666)
Act 107 of 1974 Repealed-MENTAL HOSPITALS, PSYCHIATRIC HOSPITALS, OR PSYCHIATRIC UNITS (330.701 - 330.720)
Act 258 of 1974 MENTAL HEALTH CODE (330.1001 - 330.2106)
Section 330.1001 Short title.
258-1974-1 CHAPTER 1 DEPARTMENT OF MENTAL HEALTH (330.1100...330.1172)
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 under subsection (3) or (4); condition of continued employment; failure to conduct criminal history check; establishment of automated fingerprint identification system database; electronic web-based system; definitions.
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; “completed application” defined.
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 certification, denial of certification, revocation, or certification with limited terms; reinspection; notice; contracts; licensure or placement pending promulgation of rules.
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 County mental health transportation panel; membership; contract with private security company; security transport officers.
Section 330.1172 Mental health transportation fund.
258-1974-2 CHAPTER 2 COUNTY COMMUNITY MENTAL HEALTH PROGRAMS (330.1200...330.1246)
Section 330.1200 Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
Section 330.1200a “Charter county” defined.
Section 330.1201 Rules.
Section 330.1202 Community mental health services programs; state support; determination of private health insurer, Medicaid, or Medicare eligibility; billing.
Section 330.1204 Community mental health services program as county community mental health agency, community mental health organization, or community mental health authority; official county agency; procedures and policies; establishment or administration of program by county with city having population of at least 500,000.
Section 330.1204a Creation of community mental health organization by two or more counties; creation of community mental health organization by one or more counties and institution of higher education; compliance of county.
Section 330.1204b Regional entity.
Section 330.1205 Community mental health authority.
Section 330.1206 Community mental health services program; purpose; services.
Section 330.1206a Mediation; notification of rights; funding; mediator and mediation requirements; report; "recording" defined.
Section 330.1206b Uniform community mental health services credentialing program; department responsibilities; requirements; definitions.
Section 330.1207 Diversion from jail incarceration.
Section 330.1207a Persons entering criminal justice system; collaborative program to provide mental health treatment and assistance; interagency agreement; rules; funds.
Section 330.1207b Provision of mental health services to county jail inmates; use of state general fund/general purpose dollars by community mental health services program.
Section 330.1207c Jail diversion fund.
Section 330.1207d Behavioral health jail diversion grant program; annual report; definitions.
Section 330.1207e Community crisis response grant program; definitions.
Section 330.1207f Community crisis response grant program; annual report.
Section 330.1208 Individuals to which service directed; priorities; denial of service prohibited.
Section 330.1209 Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
Section 330.1209a Prerelease plan for community placement and aftercare services; development; contracting for services; advance notice of patient release; release plan; postrelease plan; disclosure of information.
Section 330.1209b Placement of individual in supervised community living arrangement; prerelease and postrelease planning; plan for community placement and aftercare services; sending department aggregate data upon request; list of services not provided.
Section 330.1209d Review of outcomes, programs, treatment, and community services rendered in community settings; standards.
Section 330.1210 Community mental health services program; election to establish; coordination of services.
Section 330.1212 Board; establishment; appointment of members; county with city having population of at least 500,000; vacancy; board member as governmental employee or contractor.
Section 330.1214 Board; county representation.
Section 330.1216 Repealed. 2012, Act 376, Mar. 28, 2013.
Section 330.1218 Joining established services program.
Section 330.1219 Merger of services programs; appointment of members to new board; compliance with MCL 330.1212, 330.1214, and 330.1222.
Section 330.1220 Services program; termination of participation; notice.
Section 330.1221 Repealed. 1990, Act 263, Eff. Jan. 1, 1993.
Section 330.1222 Board; composition; residence of members; exclusions; approval of contract; exception; size of board in excess of MCL 330.1212; compliance.
Section 330.1224 Board; terms of members; vacancy; removal from office; compensation; expenses.
Section 330.1226 Board; powers and duties; appointment of executive director; reimbursement to program providing assisted outpatient treatment services.
Section 330.1226a Board; special fund account.
Section 330.1227 School-to-community transition services.
Section 330.1228 Board; contracts.
Section 330.1230 Services program; executive director as chief executive and administrative officer; terms and conditions of employment.
Section 330.1231 Medical director; appointment; duties.
Section 330.1232 Services program; review of annual plan, needs assessment, request for funds, annual contract, and budget; eligibility for state support; allocation of funds.
Section 330.1232a Certification and review process standards; rules; compliance; waiver; plan to correct items of noncompliance; duration of certification; review of recipient rights system; notification of changes affecting certification; denial of certification; provisional certification; suspension, denial, or revocation of certification; appeal; review; actions by department; financial liability; community mental health authority status as voluntary.
Section 330.1232b Specialty prepaid health plans.
Section 330.1234 Services program; review of proposed contract and operating budget; criteria.
Section 330.1236 Services program; review of expenditures; withdrawal of funds.
Section 330.1238 Review of actions involving disapproval of proposed contract and operating budget, allocation of funds, or withdrawal of funds; consultation.
Section 330.1240 Expenditures eligible for state financial support.
Section 330.1241 Adult foster care facilities; expenses eligible for state financial support.
Section 330.1242 Expenditures ineligible for state financial support.
Section 330.1244 Additional powers and duties of department.
Section 330.1245 Granting staff privileges to psychiatrists.
Section 330.1246 Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
258-1974-2A CHAPTER 2A SUBSTANCE USE DISORDER SERVICES (330.1260...330.1287)
Section 330.1260 Definitions; implementation and completion of changes.
Section 330.1261 Records; confidentiality; disclosure.
Section 330.1262 Person subject of record; consent to disclose content; revocation; form of authorization or revocation.
Section 330.1263 Consent to disclose not given; limitations.
Section 330.1264 Authorization of services; consent by minor; informing spouse, parent, guardian, or person in loco parentis; legal responsibility for services.
Section 330.1265 Request for services for minor by parents or person in loco parentis; diagnostic evaluation; detoxification services; performance of services without minor's consent; use of psychotropic drugs.
Section 330.1266 Petition requesting court determination whether services necessary for minor; appointment of guardian ad litem; notice of hearing; right to independent diagnostic evaluation; hearing; determinations; confidentiality of court records.
Section 330.1267 Treatment plan; review; transmission of review results; objection by minor; discharge of minor from program.
Section 330.1268 Receipt of objection; hearing; notice of hearing; actions by court.
Section 330.1269 Department-designated community mental health entity and community mental health services program provider network; ability to contract for and spend funds; purposes.
Section 330.1270 Duties of department.
Section 330.1271 Additional duties of department.
Section 330.1272 Additional duties of department.
Section 330.1273 Additional duties and powers of department; duty of department-designated community mental health entities and community mental health services program provider networks to ensure applicants are licensed.
Section 330.1273a Grant program for high schools designated for students recovering from substance abuse disorder.
Section 330.1273b Competitive grant program for recovery community organizations.
Section 330.1274 Duty of department-designated community mental health entity to assume responsibility for providing services for county or multicounty region.
Section 330.1274a Uniform substance use disorder credentialing program; duties of department; compliance; definitions.
Section 330.1275 Waiting list for services; priority position.
Section 330.1276 Individual taken into protective custody by peace officer; transporting individual to approved service program or emergency medical service; lawful force; arrest record prohibited; inability to complete transfer to program or service; commission of misdemeanor; emergency treatment.
Section 330.1277 Protective custody; examination by health professional; chemical test; individual found to be incapacitated; treatment from approved program or service.
Section 330.1278 Detention of incapacitated individual; discharge to peace officer.
Section 330.1279 Release of individual found not to be incapacitated.
Section 330.1280 Admission of individual held in protective custody; notification of family or designated individual.
Section 330.1281 Voluntary admission.
Section 330.1281a Involuntary treatment.
Section 330.1281b Involuntary treatment; petition; examination of petitioner under oath; probable cause; duties of court; certification of findings by physician, health professional, or individual conducting independent expert evaluation; hearing; court order; failure of respondent to undergo and complete treatment; contempt of court; finding of no probable cause or withdrawal of petition; dismissal of proceedings; "substance use disorder assessment and diagnosis" defined.
Section 330.1281c Holding respondent for treatment; court order; period of time; release from program; transfer to less-restrictive program; holding respondent in jail pending transportation to program or evaluation; summons; submission of list of programs and health professionals.
Section 330.1282 Criminal or civil liability of peace officer, security transport officer, or medical staff.
Section 330.1283 Inventory and return of possessions.
Section 330.1284 Payment for treatment or transportation costs.
Section 330.1285 Confidentiality of records.
Section 330.1286 Adoption of local law, ordinance, resolution, or rule.
Section 330.1287 Department-designated community mental health entity; composition of board; use of funds; contracts; allocation formula; establishment of substance use disorder oversight policy board; report on redistricting of regions; administrative and reporting requirements; entities as coordinating agencies.
258-1974-3 CHAPTER 3 STATE AND COUNTY FINANCIAL RESPONSIBILITY (330.1300...330.1320)
Section 330.1300 Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
Section 330.1302 Financial liability of county.
Section 330.1304 Meaning of “net cost” in MCL 330.1302.
Section 330.1306 Determining individual's county of residence; denial or delay of services prohibited.
Section 330.1307 Financial responsibility for services to individual; transfer from one county to another.
Section 330.1308 Financial liability of state.
Section 330.1309 Specialized residential service; payment of costs by state; conditions.
Section 330.1310 “Net cost” defined for purpose of MCL 330.1308.
Section 330.1311 Approval of budget for boards creating special fund account; county funding.
Section 330.1312 Method of county cost sharing.
Section 330.1313 Rental payments for property to be used as residential setting for specialized community residential care.
Section 330.1314 County's annual appropriation; method of making.
Section 330.1316 Expenditure of county's tax funds.
Section 330.1318 Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
Section 330.1320 Allocation of available local funds.
258-1974-4 CHAPTER 4 CIVIL ADMISSION AND DISCHARGE PROCEDURES: MENTAL ILLNESS (330.1400...330.1497)
258-1974-4-GENERAL-PROVISIONS GENERAL PROVISIONS (330.1400...330.1410)
Section 330.1400 Definitions.
Section 330.1400a Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
Section 330.1400b Time frame; Sundays and legal holidays excluded.
Section 330.1401 "Person requiring treatment" defined; exception.
Section 330.1402 Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
Section 330.1402a Treatment of private-pay patients by licensed hospital.
Section 330.1403 Involuntary mental health treatment; applicable provisions of law.
Section 330.1404 Forms.
Section 330.1405 Veterans administration facilities; agreement to accept patient; rights of patient.
Section 330.1406 Voluntary hospitalization; notice to court; dismissal.
Section 330.1407 Transfer of patient; notice; appeal.
Section 330.1408 Return of patient to hospital; conditions; notification of peace officers or security transport officers; protective custody; notice of opportunity to appeal.
Section 330.1409 Preadmission screening unit.
Section 330.1410 Informal or formal voluntary admission; authorization by preadmission screening unit.
258-1974-4-INFORMAL-VOLUNTARY-ADMISSION INFORMAL VOLUNTARY ADMISSION (330.1411...330.1412)
Section 330.1411 Informal voluntary hospitalization; request.
Section 330.1412 Informal voluntary hospitalization; termination; notice.
258-1974-4-FORMAL-VOLUNTARY-ADMISSION-INCLUDES-ADMISSION-OF-MINORS-THROUGH-APPLICATION-OF-PARENT-OR-GUARDIAN FORMAL VOLUNTARY ADMISSION (INCLUDES ADMISSION OF MINORS THROUGH APPLICATION OF PARENT OR GUARDIAN) (330.1415...330.1422)
Section 330.1415 Formal voluntary hospitalization; written consent to mental health treatment.
Section 330.1416 Mental health treatment; communication of patient rights; copies of written consent.
Section 330.1417, 330.1418 Repealed. 1984, Act 186, Imd. Eff. July 3, 1984.
Section 330.1419 Termination of formal voluntary hospitalization or mental health treatment; written notice; time limitation; written form.
Section 330.1420 Continuing hospitalization or mental health treatment where notice of termination not withdrawn; filing petition with court; clinical certificates; hearings.
Section 330.1422 Receipt and detention of individuals under MCL 330.1426, 330.1427 or 330.1435, 330.1436, or 330.1438; designation of hospitals.
258-1974-4-ADMISSION-BY-MEDICAL-CERTIFICATION ADMISSION BY MEDICAL CERTIFICATION (330.1423...330.1431)
Section 330.1423 Hospitalization pending certification by psychiatrist; petition, execution of physician's or psychologist's clinical certificate, and authorization by preadmission screening unit.
Section 330.1424 Repealed. 2016, Act 320, Eff. Feb. 14, 2017.
Section 330.1425 Execution of physician's or psychologist's clinical certificate.
Section 330.1426 Protective custody; receipt of petition and physician's or psychologist's clinical certificate by peace officer; transportation.
Section 330.1427 Protective custody; observation and belief of peace officer; transportation to preadmission screening unit; services; petition; notice to family; advice and consultation; release; follow-up counseling; diagnostic and referral services; financial responsibility; notice of examination results.
Section 330.1427a Protective custody; use of force; protective steps; individual not under arrest; entry.
Section 330.1427b Liability of peace officer or security transport officer.
Section 330.1428 Repealed. 2016, Act 320, Eff. Feb. 14, 2017.
Section 330.1429 Examination; detention period.
Section 330.1430 Examination; time; certification.
Section 330.1431 Notices; documents.
258-1974-4-ADMISSION-BY-PETITION ADMISSION BY PETITION (330.1433...330.1439)
Section 330.1433 Repealed. 2016, Act 320, Eff. Feb. 14, 2017.
Section 330.1434 Petition; filing; contents; clinical certificate; confidentiality; assisted outpatient treatment; petition not seeking hospitalization.
Section 330.1435 Examination; order; detention period; transmitting clinical certificate or report to court; third examination report; dismissal of petition; section inapplicable to petition under MCL 330.1434(7).
Section 330.1436 Noncompliance with order of examination or evaluation; protective custody; petition for involuntary hospitalization; hearing.
Section 330.1437 Right to remain in home pending examination; right to return to home; accompaniment by relatives or friends.
Section 330.1438 Order of hospitalization; protective custody; transportation; conditions to release after 24 hours.
Section 330.1439 Cause of action against person filing petition.
258-1974-4-PERSONS-65-AND-OLDER PERSONS 65 AND OLDER (330.1441...330.1444)
Section 330.1441-330.1444 Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
258-1974-4-TELEPHONE-AND-NOTICE-RIGHTS TELEPHONE AND NOTICE RIGHTS (330.1447...330.1449)
Section 330.1447 Telephone calls.
Section 330.1448 Right to copy of certain documents; explanation in individual's language; consent to treatment by person awaiting hearing; form.
Section 330.1449 Right to copy of clinical certificate.
258-1974-4-PRELIMINARY-HEARING PRELIMINARY HEARING (330.1450...330.1450)
Section 330.1450 Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
258-1974-4-COURT-HEARINGS COURT HEARINGS (330.1451...330.1465)
Section 330.1451 Court hearings; applicable provisions.
Section 330.1452 Court hearing; date; receipt of certain documents.
Section 330.1453 Court hearing; notice.
Section 330.1453a Alternatives to hospitalization; preparation of assessment report.
Section 330.1454 Legal counsel; appointment; waiver; preferred counsel; compensation; system for providing representation; consultation with subject of petition before court hearing; certificate.
Section 330.1455 Right to be present at all hearings; waiver; exclusion of subject by court; stipulation to entry of treatment order; meeting; request to defer hearing; continuing jurisdiction during deferral period; treatment as formal voluntary patient; effect of refusing treatment or requesting hearing; participation in outpatient treatment; notice to convene hearing.
Section 330.1456 Place of hearing; change of venue.
Section 330.1457 Participation of prosecuting attorney; exception.
Section 330.1458 Jury.
Section 330.1459 Documents, witnesses, and cross-examination; rules of evidence.
Section 330.1460 Investigation by counsel; evidence.
Section 330.1461 Testimony or deposition of physician or psychologist required; waiver; examinations; presence of attorney during deposition; cross-examination of deponent; waiver.
Section 330.1462 Continuance or adjournment; grounds.
Section 330.1463 Independent clinical evaluation by physician, psychiatrist or psychologist; compensation; use by subject of petition.
Section 330.1464 Persons entitled to copies of court orders.
Section 330.1464a Order of involuntary hospitalization or combination of hospitalization and assisted outpatient treatment; entering or removing order from law enforcement information network; applicability of section to order of involuntary treatment for substance use disorder.
Section 330.1465 Clear and convincing evidence required.
258-1974-4-FINDINGS-AND-DISPOSITIONS FINDINGS AND DISPOSITIONS (330.1468...330.1475a)
Section 330.1468 Treatment; disposition; order of assisted outpatient treatment; assisted outpatient treatment plan.
Section 330.1469 Repealed. 1996, Act 588, Imd. Eff. Jan. 21, 1997.
Section 330.1469a Treatment program as alternative to hospitalization; assisted outpatient treatment; court order.
Section 330.1470 Adequate and appropriate treatment required; inquiry.
Section 330.1471 Preference as to hospitals.
Section 330.1472 Repealed. 1996, Act 588, Imd. Eff. Jan. 21, 1997.
Section 330.1472a Initial, second, or continuing order for involuntary mental health treatment; duration of order.
Section 330.1473 Petition for second or continuing order of involuntary mental health treatment; contents; clinical certificate.
Section 330.1474 Release of individual from hospital to assisted outpatient treatment; clinical decision; notice; appeal; court petition; information to be considered by court.
Section 330.1474a Order of combined hospitalization and assisted outpatient treatment; order of hospitalization; decision; notice to court.
Section 330.1475 Noncompliance with court order or determination that assisted outpatient treatment not appropriate; permissible actions by court without hearing; notice of noncompliance; actions by court; transport and return to facility or unit; objection to hospitalization.
Section 330.1475a Hospitalization without hearing; objection.
258-1974-4-DISCHARGE-AND-LEAVES DISCHARGE AND LEAVES (330.1476...330.1479)
Section 330.1476 Discretionary discharge; mandatory discharge; notice; statements.
Section 330.1477 Termination of treatment; notice.
Section 330.1478 Treatment on voluntary basis; aid in obtaining other treatment.
Section 330.1479 Leaves or absence from hospital; rules; procedures; mandatory discharge; notice.
258-1974-4-PERIODIC-REVIEW PERIODIC REVIEW (330.1482...330.1486)
Section 330.1482 Review of status; frequency; assignment of physician or psychologist.
Section 330.1483 Review of status; disposition and notice of results; complaint.
Section 330.1484 Review of status; report; objections; hearing; petition for discharge.
Section 330.1485 Repealed. 1996, Act 588, Imd. Eff. Jan. 21, 1997.
Section 330.1485a Individual no longer requiring treatment; individual continuing to require treatment; finding; order.
Section 330.1486 Writ of habeas corpus.
258-1974-4-LEGAL-COMPETENCE LEGAL COMPETENCE (330.1489...330.1497)
Section 330.1489 Legal competence; presumption; effect of prior commitment.
Section 330.1490 Persons entitled to copies of MCL 330.1489.
Section 330.1491-330.1497 Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
258-1974-4A CHAPTER 4A CIVIL ADMISSION AND DISCHARGE PROCEDURES FOR EMOTIONALLY DISTURBED MINORS (330.1498a...330.1498t)
Section 330.1498a Hospitalization of minors.
Section 330.1498b Definitions; C to M.
Section 330.1498c Definitions; P to S.
Section 330.1498d Hospitalization of minor; conditions; request by department of human services or county juvenile agency; suitability for hospitalization; determination; "county juvenile agency" defined.
Section 330.1498e Evaluation; second opinion; transfer; alternative program; applicability of section.
Section 330.1498f Admission; examination; waiting list; interim services; referral.
Section 330.1498g Examination, tests, and evaluations.
Section 330.1498h Emergency admission of minor.
Section 330.1498i Notice.
Section 330.1498j Consent.
Section 330.1498k Leaving hospital without knowledge and permission of staff; notice; transporting minor to hospital; protective custody; appeal.
Section 330.1498<Emph EmphType="italic">l</Emph> Review.
Section 330.1498m Objection to hospitalization; violation as misdemeanor.
Section 330.1498n Judicial hearing.
Section 330.1498o Notice of intent or oral request to terminate hospitalization; petition to continue hospitalization; hearing.
Section 330.1498p Discharge; notice; prerelease plan; refusal of parent or guardian to assume custody; petition.
Section 330.1498q Governing provisions.
Section 330.1498r, 330.1498s Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
Section 330.1498t Transporting minor for evaluation.
258-1974-5 CHAPTER 5 CIVIL ADMISSION AND DISCHARGE PROCEDURES: DEVELOPMENTAL DISABILITIES (330.1500...330.1541)
258-1974-5-GENERAL-PROVISIONS GENERAL PROVISIONS (330.1500...330.1505)
Section 330.1500 Definitions.
Section 330.1501 Forms.
Section 330.1502 Admission to facility; applicable law.
Section 330.1503 Judicial admission of minors prohibited; preferred form of admission for adults.
Section 330.1504 Developmentally disabled persons; admission.
Section 330.1505 Evaluation of competency to execute application for administrative admission; notice; petition for appointment of plenary or partial guardian.
258-1974-5-TEMPORARY-AND-ADMINISTRATIVE-ADMISSION TEMPORARY AND ADMINISTRATIVE ADMISSION (330.1508...330.1512)
Section 330.1508 Individual with developmental disability; temporary admission; execution and contents of application; services; time limitation.
Section 330.1509 Administrative admission; execution and contents of application; explanation of rights; persons entitled to copy of application.
Section 330.1510 Administrative admission; preadmission examination; report; reexamination.
Section 330.1511 Administrative admission; objection.
Section 330.1512 Administrative admission; detention period; notice of intention to leave facility; form.
258-1974-5-INTELLECTUAL-DISABILITY-TREATMENT INTELLECTUAL DISABILITY TREATMENT (330.1515...330.1522)
Section 330.1515 Individual with intellectual disability; court order; criteria for admission.
Section 330.1516 Petition for treatment; contents; examination; report; noncompliance; protective custody; right to return home; order of admission; rights of individual; copy of report sent to court; dismissal of petition; hearing.
Section 330.1517 Hearings; applicable law; duties of court; rights of individual; participation of prosecuting attorney; failure to give notice as ground for adjournment or continuance; change of venue.
Section 330.1518 Findings; disposition.
Section 330.1519 Alternative care and treatment.
Section 330.1520 Adequate and appropriate treatment required; inquiry.
Section 330.1521 Preference as to facilities.
Section 330.1522 Compensation for independent medical or psychological examiner.
258-1974-5-DISCHARGES-AND-LEAVES DISCHARGES AND LEAVES (330.1525...330.1528)
Section 330.1525 Discretionary discharge; mandatory discharge; notice; statements.
Section 330.1526 Termination of alternative care and treatment; notice.
Section 330.1527 Care and treatment on administrative basis; aid in obtaining other care and treatment.
Section 330.1528 Leaves or absences from center; rules; procedures; mandatory discharge; notice.
258-1974-5-PERIODIC-REVIEW PERIODIC REVIEW (330.1531...330.1533)
Section 330.1531 Review of status; frequency; disposition and notice of results; objection; hearing; petition for discharge.
Section 330.1532 Annual hearing; petition for discharge; physician's or psychologist's report; dismissal of petition.
Section 330.1533 Writ of habeas corpus.
258-1974-5-TRANSFER-AND-RETURN TRANSFER AND RETURN (330.1536...330.1537)
Section 330.1536 Transfer of resident; notice; appeal.
Section 330.1537 Return of individual to facility; conditions; protective custody; notice; appeal.
258-1974-5-LEGAL-COMPETENCE LEGAL COMPETENCE (330.1540...330.1541)
Section 330.1540 Legal competence; presumption; effect of prior commitment.
Section 330.1541 Individuals entitled to copies of MCL 330.1540.
258-1974-6 CHAPTER 6 GUARDIANSHIP FOR THE DEVELOPMENTALLY DISABLED (330.1600...330.1644)
Section 330.1600 Definitions.
Section 330.1602 Guardianship; use; design; limitation; partial guardianship.
Section 330.1604 Jurisdiction; provisions applicable to appointment of guardian.
Section 330.1606 Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978.
Section 330.1607 Court as guardian; appointment of temporary guardian; hearing; rights and privileges of respondent.
Section 330.1608 Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978.
Section 330.1609 Petition for appointment of guardian; filing; contents.
Section 330.1610 Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978.
Section 330.1612 Petition for appointment of guardian; accompanying report; psychological tests; evaluations; availability of report.
Section 330.1614 Hearings; date and place; notice.
Section 330.1615 Right to legal counsel; appointment of counsel; preferred counsel; compensation of appointed counsel.
Section 330.1616 Guardian ad litem.
Section 330.1617 Right to jury; evidence; witnesses; closing hearing to public; presence of respondent; testimony of person who prepared report or performed evaluation; independent evaluation.
Section 330.1618 Hearing; powers and duties of court.
Section 330.1620 Contents of court order establishing partial guardianship; legal and civil rights; effect of appointment of partial guardian.
Section 330.1622 Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978.
Section 330.1623 Placement of individual with developmental disability in facility; appropriateness of placement; appropriate treatment and residential programs; reports from public agencies.
Section 330.1624 Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978.
Section 330.1626 Duration of term of guardianship; new petition for guardianship.
Section 330.1628 Qualifications of guardian; preference.
Section 330.1629 Routine or emergency medical treatment or surgery or extraordinary procedures; liability of guardian.
Section 330.1630 Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978.
Section 330.1631 Guardian; duties; filing, contents, and review of report.
Section 330.1632 Guardian as fiduciary.
Section 330.1634 Notice of right to dismiss guardian or modify guardianship order; procedures.
Section 330.1636 Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978.
Section 330.1637 Discharge or modification order; petition; hearing; order.
Section 330.1638 Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978.
Section 330.1640 Standby guardian.
Section 330.1642 Testamentary guardian.
Section 330.1644 Termination of guardianship; legal and civil rights; applicability of section to termination by term expiration and court order.
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.
258-1974-7A CHAPTER 7A DISPUTE RESOLUTION (330.1772...330.1788)
Section 330.1772 Definitions.
Section 330.1774 Appeals committee.
Section 330.1776 Rights complaint; filing; contents; recording; acknowledgment; notice; assistance; conduct of investigation.
Section 330.1778 Investigation; initiation; recording; standard of proof; written status report; written investigative report; new evidence.
Section 330.1780 Remedial action.
Section 330.1782 Summary report.
Section 330.1784 Summary report; appeal.
Section 330.1786 Notice of decision; appeal.
Section 330.1788 Repealed. 2020, Act 55, Imd. Eff. Mar. 3, 2020.
258-1974-8 CHAPTER 8 FINANCIAL LIABILITY FOR MENTAL HEALTH SERVICES (330.1800...330.1844)
Section 330.1800 Definitions.
Section 330.1802 Establishment of financial liability.
Section 330.1804 Financial liability of responsible party.
Section 330.1806 Single or married individual; determining insurance coverage and ability to pay.
Section 330.1808 Limitation on financial liability.
Section 330.1810 Denial of services prohibited.
Section 330.1812 Insurance coverage as part of ability to pay.
Section 330.1813 Subrogation.
Section 330.1814 Willful refusal to apply for insurance benefits or provide information.
Section 330.1816 Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
Section 330.1817 Insurance coverage and ability to pay; determination to be made after admittance or start of services.
Section 330.1818 Adult inpatient psychiatric services less than 61 days, nonresidential services, and services to minors; provisions applicable to ability to pay; rules.
Section 330.1819 Residential services and inpatient services other than psychiatric services less than 61 days; provisions applicable to ability to pay; minor's ability to pay.
Section 330.1820 Spouse's ability to pay.
Section 330.1822 Financial information.
Section 330.1824 Undue financial burden prohibited.
Section 330.1826 Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
Section 330.1828 Annual determination of insurance coverage and ability to pay; new determination.
Section 330.1830 Change in ability to pay; notice of right to request new determination.
Section 330.1832 Ability to pay; utilization of inappropriate income figure; notice of right to request new determination; basis of determination.
Section 330.1834 Administrative hearing to contest ability to pay determination.
Section 330.1836 Appeal of redetermination of ability to pay.
Section 330.1838 Redetermination of ability to pay; charge for higher amount.
Section 330.1840 Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
Section 330.1842 Rules; procedures for determining ability to pay.
Section 330.1844 Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
258-1974-9 CHAPTER 9 MISCELLANEOUS PROVISIONS (330.1900...330.1953)
Section 330.1900 Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
Section 330.1901 Acts or functions conducted by mental health professional; prohibition.
Section 330.1901a Conversion therapy with minor by mental health professional; prohibition.
Section 330.1902-330.1918 Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
Section 330.1919 Contracts for services of agencies located in bordering states.
Section 330.1919[1] Training, studies, and research; rules.
Section 330.1920 Interstate compact on mental health.
Section 330.1922 Director or agent as compact administrator; rules and procedures.
Section 330.1924 Supplementary agreements; administration; arbitration of disputed questions of residence.
Section 330.1926 Payments to discharge financial obligations; expense of transfer to another state.
Section 330.1927 Repealed. 1987, Act 192, Imd. Eff. Dec. 2, 1987.
Section 330.1928 Copies of compact; distribution.
Section 330.1930 Consent to transfer.
Section 330.1931 Programs for protection and advocacy of rights of developmentally disabled and of mentally ill persons; implementation; authority; liaison.
Section 330.1932 Taxation, loans, and bonds.
Section 330.1934-330.1936 Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
Section 330.1938 Family planning services.
Section 330.1939 State mental health advisory council on deafness; creation; appointment, qualifications, and terms of members; vacancy; duties; report; expenses; meetings; election of chairperson.
Section 330.1940 Aiding or causing certain persons to leave or not return to facility; penalty.
Section 330.1941 State advisory council on mental health and aging; establishment; administration and operation; composition; appointment, qualifications, and terms of members; duties; expenses; appointment of chairperson; meetings.
Section 330.1942 Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
Section 330.1944 Criminal sexual psychopath; leaving state without permission; penalty.
Section 330.1946 Threat of physical violence against third person; duties.
Section 330.1950-330.1953 Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
258-1974-9A CHAPTER 9A CRISIS STABILIZATION UNITS (330.1971...330.1979)
Section 330.1971 Certification of crisis stabilization units.
Section 330.1972 Minimum standards and requirements for certification.
Section 330.1973 Provision of substance use disorder services; license required.
Section 330.1974 Operation of crisis stabilization unit; application and license required.
Section 330.1975 Issuance of certification; nontransferable.
Section 330.1976 Inspection of premises.
Section 330.1977 Denial, suspension, or revocation of certification; hearing required.
Section 330.1978 Certificate of need exemption.
Section 330.1979 Accreditation requirements.
258-1974-10 CHAPTER 10 CRIMINAL PROVISIONS (330.2000...330.2074)
258-1974-10-TRANSFER-OF-PRISONERS TRANSFER OF PRISONERS (330.2000...330.2006a)
Section 330.2000 Repealed. 1978, Act 636, Imd. Eff. Jan. 10, 1979.
Section 330.2001 Meanings of words and phrases.
Section 330.2001a Definitions; C to M.
Section 330.2001b Definitions; P to S.
Section 330.2002 Repealed. 1975, Act 154, Imd. Eff. July 9, 1975.
Section 330.2002a Mental health services for person confined in place of detention; rules for voluntary admission into state mental health facility; involuntary admission.
Section 330.2003 Corrections mental health program; establishment and operation; appointment and qualifications of program director.
Section 330.2003a Involuntary admission; procedures.
Section 330.2003b Voluntary admission; procedures.
Section 330.2003c Hearing committee.
Section 330.2004 Crediting good time credits and other statutory reductions; notice and record of expiration or reduction of sentence.
Section 330.2004a Rights of prisoners; confidentiality of information.
Section 330.2004b Notice of rights.
Section 330.2005-330.2005c Repealed. 1993, Act 252, Imd. Eff. Nov. 29, 1993.
Section 330.2005d Treatment period; report requiring continued mental health services; initial order of admission; certificate; statement; placement according to normal procedures.
Section 330.2005e Repealed. 1993, Act 252, Imd. Eff. Nov. 29, 1993.
Section 330.2005f Transfer of prisoner between state mental health facilities; administrative hearing; emergency transfer; commingling with other recipients of mental health services; rights and privileges.
Section 330.2006 Discharge; conditions; procedure; aftercare reintegration and community-based mental health services.
Section 330.2006a Report to legislature.
258-1974-10-INCOMPETENCE-TO-STAND-TRIAL INCOMPETENCE TO STAND TRIAL (330.2020...330.2044)
Section 330.2020 Defendant presumed competent to stand trial; determination of incompetency; effect of medication; statement by physician.
Section 330.2022 Proceeding against incompetent defendant prohibited; pretrial motions; preservation and admissibility of evidence.
Section 330.2024 Raising issue of incompetence to stand trial.
Section 330.2026 Examination of defendant.
Section 330.2028 Consultations; report; admissibility of evidence.
Section 330.2030 Hearing; determination; admissibility of report; order for continued administration of medication.
Section 330.2031 Filing of petition by prosecuting attorney.
Section 330.2032 Ordering treatment; medical supervisor; commitment; restriction of movements.
Section 330.2034 Effective duration of order; notice of dismissed charge or voided orders; filing petition prior to discharge or release.
Section 330.2036 Right to liberty pending trial.
Section 330.2038 Reports; admissibility.
Section 330.2040 Redetermining issue of incompetence to stand trial; hearing; commencement of trial; modification or continuance of orders.
Section 330.2042 Crediting time spent in custody.
Section 330.2044 Dismissal of charge; filing same or other charges; examination of defendant as outpatient.
258-1974-10-DISPOSITION-OF-PERSONS-FOUND-NOT-GUILTY-BY-REASON-OF-INSANITY DISPOSITION OF PERSONS FOUND NOT GUILTY BY REASON OF INSANITY (330.2050...330.2074)
Section 330.2050 Person acquitted of criminal charge by reason of insanity; commitment to center for forensic psychiatry; record; examination and evaluation; report; opinion; certificates; petition; retention or discharge of person; applicability of release provisions; condition to being discharged or placed on leave; extension of leave.
Section 330.2060 Meanings of words and phrases.
Section 330.2060a Definitions; C to J.
Section 330.2060b Definitions; L to Q.
Section 330.2060c Definitions; R, S.
Section 330.2062 Competency of juvenile; presumption; order to determine competency during proceeding.
Section 330.2064 Competency evaluation; conduct by qualified forensic mental health examiner; expert witness; additional evaluations at party's expense; conduct in least restrictive environment.
Section 330.2066 Providing information relating to competency; submission of report and comment to court by qualified forensic mental health examiner; extension; copies of report to be provided to certain individuals.
Section 330.2068 Competency hearing.
Section 330.2070 Competency evaluations; self-incrimination; evidence or statements inadmissible in proceeding determining responsibility; sealing reports; order to open reports; purposes; confidentiality; disclosure.
Section 330.2072 Training program for juvenile forensic mental health examiners.
Section 330.2074 Court finding that juvenile may be restored to competency in foreseeable future; restoration order; renewal; report that substantial probability that juvenile will remain incompetent; actions of court; order to provide treatment; report from entity providing services; duties of court.
258-1974-11 CHAPTER 11 (330.2100...330.2106)
Section 330.2100 Saving clause.
Section 330.2102 Effective date and applicability of particular sections and chapters.
Section 330.2104 Redetermination of actions under repealed provisions.
Section 330.2106 Repeal.
Act 177 of 2019 SUICIDE PREVENTION COMMISSION (330.3001 - 330.3011)
***** Act 177 of 2019 THIS ACT DOES NOT APPLY BEGINNING DECEMBER 31, 2024: See 330.3011 *****
Section 330.3001 Definitions.
Section 330.3003 Suicide prevention commission; creation; members; term; meetings; compensation; expenses.
Section 330.3005 Duties of commission; executive committee.
Section 330.3007 Research and recommendations of commission.
Section 330.3009 Clerking services for commission.
Section 330.3011 Applicability of act after December 31, 2024.
Act 313 of 2023 OVERDOSE FATALITY REVIEW ACT (330.3021 - 330.3031)
Section 330.3021 Short title.
Section 330.3023 Definitions.
Section 330.3025 Overdose fatality review team; membership; powers and duties; annual report.
Section 330.3027 Confidentiality requirements; written request for information; fees.
Section 330.3031 Disclosure of confidential information; violation; civil action; remedies.
E.R.O. No. 1996-1 EXECUTIVE REORGANIZATION ORDER (330.3101 - 330.3101)
Section 330.3101 Renaming of department of mental health as department of community health; transfer of powers and duties among various departments and agencies; renaming of department of public health as community public health agency.