HOUSE BILL No. 5881


     May 21, 1998, Introduced by Reps. Wojno, Curtis, Nye, Hale, Quarles, Thomas, Richner, Dalman, Basham, Sanborn, Kukuk, Schauer, Callahan, Mans, McNutt, Bogardus, Kilpatrick, Wallace, Schermesser, Freeman, Brater, Baird, Martinez, Hanley, Olshove, Raczkowski and Scranton and referred to the Committee on Judiciary.


        A bill to amend 1974 PA 258, entitled

   "Mental health code,"

   by amending section 746 (MCL 330.1746) and by adding section

   747.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 746.  (1) A complete record shall be kept current for

 2    each recipient of mental health services.  The record shall at

 3    least include information pertinent to the services provided to

 4    the recipient, pertinent to the legal status of the recipient,

 5    required by this chapter or other provision of law, and required

 6    by rules or policies.

 7         (2) The material in the record  shall be  IS confidential to

 8    the extent it is made confidential by  section  SECTIONS 747 AND

 9    748.




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 1         SEC. 747.  (1) IF A MENTAL HEALTH PROFESSIONAL HAS TREATED A

 2    PATIENT WHO IS A MINOR AND IS THE HOLDER OF MENTAL HEALTH RECORDS

 3    OR OTHER MENTAL HEALTH CARE INFORMATION PERTAINING TO THE MINOR,

 4    IF A PARENT OF THE MINOR PATIENT IS PROHIBITED BY A PERSONAL PRO-

 5    TECTION ORDER ISSUED UNDER SECTION 2950 OR 2950A OF THE REVISED

 6    JUDICATURE ACT OF 1961, 1961 PA 236, MCL 600.2950 AND 600.2950A,

 7    FROM HAVING ACCESS TO INFORMATION IN RECORDS CONCERNING THE MINOR

 8    THAT WILL INFORM THE PARENT ABOUT THE MINOR'S OR OTHER PARENT'S

 9    ADDRESS OR TELEPHONE NUMBER OR THE OTHER PARENT'S EMPLOYMENT

10    ADDRESS, AND IF THE MENTAL HEALTH PROFESSIONAL HAS RECEIVED A

11    COPY OF THE PERSONAL PROTECTION ORDER, THE MENTAL HEALTH PROFES-

12    SIONAL SHALL NOT RELEASE THAT INFORMATION TO THE PARENT WHO IS

13    SUBJECT TO THE PERSONAL PROTECTION ORDER.

14         (2) IF A FACILITY, LICENSED FACILITY, PSYCHIATRIC HOSPITAL,

15    OR CENTER IN WHICH A MINOR HAS RECEIVED HEALTH CARE TREATMENT OR

16    SERVICES IS THE HOLDER OF MENTAL HEALTH RECORDS OR OTHER MENTAL

17    HEALTH CARE INFORMATION PERTAINING TO THE MINOR, IF A PARENT OF

18    THE MINOR PATIENT IS PROHIBITED BY A PERSONAL PROTECTION ORDER

19    ISSUED UNDER SECTION 2950 OR 2950A OF THE REVISED JUDICATURE ACT

20    OF 1961, 1961 PA 236, MCL 600.2950 AND 600.2950A, FROM HAVING

21    ACCESS TO INFORMATION IN RECORDS CONCERNING THE MINOR THAT WILL

22    INFORM THE PARENT ABOUT THE MINOR'S OR OTHER PARENT'S ADDRESS OR

23    TELEPHONE NUMBER OR THE OTHER PARENT'S EMPLOYMENT ADDRESS, AND IF

24    THE FACILITY, LICENSED FACILITY, PSYCHIATRIC HOSPITAL, OR CENTER

25    HAS RECEIVED A COPY OF A PERSONAL PROTECTION ORDER, THE FACILITY,

26    LICENSED FACILITY, PSYCHIATRIC HOSPITAL, OR CENTER SHALL NOT





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 1    RELEASE THAT INFORMATION TO THE PARENT WHO IS SUBJECT TO THE

 2    PERSONAL PROTECTION ORDER.




















































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