HB-4862, As Passed Senate, December 12, 2012

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4862

A bill to amend 1974 PA 258, entitled

"Mental health code,"

by amending sections 100a, 100b, 100c, 100d, 161, 208, and 210 (MCL

330.1100a, 330.1100b, 330.1100c, 330.1100d, 330.1161, 330.1208, and

330.1210), sections 100a, 100b, and 161 as amended by 2004 PA 499,

section 100c as amended by 2002 PA 589, and section 100d as added

and sections 208 and 210 as amended by 1995 PA 290, and by adding

chapter 2A; and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 100a. (1) "Abilities" means the qualities, skills, and

competencies of an individual that reflect the individual's talents

and acquired proficiencies.

(2) "Abuse" means nonaccidental physical or emotional harm to

a recipient, or sexual contact with or sexual penetration of a

recipient as those terms are defined in section 520a of the

Michigan penal code, 1931 PA 328, MCL 750.520a, that is committed

by an employee or volunteer of the department, a community mental

health services program, or a licensed hospital or by an employee

or volunteer of a service provider under contract with the

department, community mental health services program, or licensed

hospital.

(3) "Adaptive skills" means skills in 1 or more of the

following areas:

(a) Communication.

(b) Self-care.

(d) Social skills.

(e) Community use.

(f) Self-direction.

(g) Health and safety.

(h) Functional academics.

(i) Leisure.

(j) Work.

(4) "Adult foster care facility" means an adult foster care

facility licensed under the adult foster care facility licensing

act, 1979 PA 218, MCL 400.701 to 400.737.

(5) "Alcohol and drug abuse counseling" means the act of

counseling, modification of substance use disorder related

behavior, and prevention techniques for individuals with substance

use disorder, their significant others, and individuals who could

potentially develop a substance use disorder.

(6) ~~(5)~~ "Applicant" means an individual or his or her legal

representative who makes a request for mental health services.

(7) "Approved service program" means a substance use disorder

services program licensed under part 62 of the public health code,

1978 PA 368, MCL 333.6230 to 333.6251, to provide substance use

disorder treatment and rehabilitation services by the department-

designated community mental health entity and approved by the

federal government to deliver a service or combination of services

for the treatment of incapacitated individuals.

(8) ~~(6)~~ "Assisted outpatient treatment" or "AOT" means the

categories of outpatient services ordered by the court under

section 433 or 469a. Assisted outpatient treatment includes case

management services to provide care coordination. Assisted

outpatient treatment may also include 1 or more of the following

categories of services: medication; periodic blood tests or

urinalysis to determine compliance with prescribed medications;

individual or group therapy; day or partial day programming

activities; vocational, educational, or self-help training or

activities; assertive community treatment team services; alcohol or

substance ~~abuse~~ use disorder treatment and counseling and periodic

tests for the presence of alcohol or illegal drugs for an

individual with a history of alcohol ~~or substance abuse;~~ abuse or

substance use disorder; supervision of living arrangements; and any

other services within a local or unified services plan developed

under this act that are prescribed to treat the individual's mental

illness and to assist the individual in living and functioning in

the community or to attempt to prevent a relapse or deterioration

that may reasonably be predicted to result in suicide, the need for

hospitalization, or serious violent behavior. The medical review

and direction included in an assisted outpatient treatment plan

shall be provided under the supervision of a psychiatrist.

(9) ~~(7)~~ "Board" means the governing body of a community mental

health services program.

(10) ~~(8)~~ "Board of commissioners" means a county board of

commissioners.

(11) ~~(9)~~ "Center" means a facility operated by the department

to admit individuals with developmental disabilities and provide

habilitation and treatment services.

(12) ~~(10)~~ "Certification" means formal approval of a program

by the department in accordance with standards developed or

approved by the department.

(13) ~~(11)~~ "Child abuse" and "child neglect" mean those terms

as defined in section 2 of the child protection law, 1975 PA 238,

MCL 722.622.

(14) ~~(12)~~ "Child and adolescent psychiatrist" means 1 or more

of the following:

(a) A physician who has completed a residency program in child

and adolescent psychiatry approved by the accreditation council for

graduate medical education or the American osteopathic association,

or who has completed 12 months of child and adolescent psychiatric

rotation and is enrolled in an approved residency program as

described in this subsection.

(b) A psychiatrist employed by or under contract as a child

and adolescent psychiatrist with the department or a community

mental health services program on March 28, 1996, who has education

and clinical experience in the evaluation and treatment of children

or adolescents with serious emotional disturbance.

in the evaluation and treatment of children or adolescents with

serious emotional disturbance who is approved by the director.

(15) ~~(13)~~ "Children's diagnostic and treatment service" means

a program operated by or under contract with a community mental

health services program, that provides examination, evaluation, and

referrals for minors, including emergency referrals, that provides

or facilitates treatment for minors, and that has been certified by

the department.

(16) ~~(14)~~ "Community mental health authority" means a separate

legal public governmental entity created under section 205 to

operate as a community mental health services program.

(17) ~~(15)~~ "Community mental health organization" means a

community mental health services program that is organized under

the urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501

to 124.512.

(18) ~~(16)~~ "Community mental health services program" means a

program operated under chapter 2 as a county community mental

health agency, a community mental health authority, or a community

mental health organization.

(19) ~~(17)~~ "Consent" means a written agreement executed by a

recipient, a minor recipient's parent, or a recipient's legal

representative with authority to execute a consent, or a verbal

agreement of a recipient that is witnessed and documented by an

individual other than the individual providing treatment.

(20) ~~(18)~~ "County community mental health agency" means an

official county or multicounty agency created under section 210

that operates as a community mental health services program and

that has not elected to become a community mental health authority

~~under section 205~~ or a community mental health organization. ~~under~~

~~the urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501~~

~~to 124.512.~~

(21) "Department" means the department of community health.

(22) "Department-designated community mental health entity"

means the community mental health authority, community mental

health organization, community mental health services program,

county community mental health agency, or community mental health

regional entity designated by the department to represent a region

of community mental health authorities, community mental health

organizations, community mental health services programs, or county

community mental health agencies.

(23) ~~(19)~~ "Dependent living setting" means all of the

following:

(a) An adult foster care facility.

(b) A nursing home licensed under article 17 of the public

health code, 1978 PA 368, MCL 333.20101 to 333.22260.

public health code, 1978 PA 368, MCL 333.20101 to 333.22260.

~~(20) "Department" means the department of community health.~~

(24) "Designated representative" means any of the following:

(a) A registered nurse or licensed practical nurse licensed or

otherwise authorized under part 172 of the public health code, 1978

PA 368, MCL 333.17201 to 333.17242.

(b) A paramedic licensed or otherwise authorized under part

209 of the public health code, 1978 PA 368, MCL 333.20901 to

333.20979.

under part 170 or 175 of the public health code, 1978 PA 368, MCL

333.17001 to 333.17084 and 333.17501 to 333.17556.

(d) An individual qualified by education, training, and

experience who performs acts, tasks, or functions under the

supervision of a physician.

(25) ~~(21)~~ "Developmental disability" means either of the

following:

(a) If applied to an individual older than 5 years of age, a

severe, chronic condition that meets all of the following

requirements:

(i) Is attributable to a mental or physical impairment or a

combination of mental and physical impairments.

(ii) Is manifested before the individual is 22 years old.

(iii) Is likely to continue indefinitely.

(iv) Results in substantial functional limitations in 3 or more

of the following areas of major life activity:

(A) Self-care.

(B) Receptive and expressive language.

(D) Mobility.

(E) Self-direction.

(F) Capacity for independent living.

(G) Economic self-sufficiency.

(v) Reflects the individual's need for a combination and

sequence of special, interdisciplinary, or generic care, treatment,

or other services that are of lifelong or extended duration and are

individually planned and coordinated.

(b) If applied to a minor from birth to 5 years of age, a

substantial developmental delay or a specific congenital or

acquired condition with a high probability of resulting in

developmental disability as defined in subdivision (a) if services

are not provided.

(26) ~~(22)~~ "Director" means the director of the department or

his or her designee.

(27) ~~(23)~~ "Discharge" means an absolute, unconditional release

of an individual from a facility by action of the facility or a

court.

(28) ~~(24)~~ "Eligible minor" means an individual less than 18

years of age who is recommended in the written report of a

multidisciplinary team under rules promulgated by the department of

education to be classified as 1 of the following:

(a) Severely mentally impaired.

(b) Severely multiply impaired.

in a program designed for the autistic impaired under subsection

(1) of R 340.1758 of the Michigan administrative code or in a

program designed for the severely mentally impaired or severely

multiply impaired.

(29) ~~(25)~~ "Emergency situation" means a situation in which an

individual is experiencing a serious mental illness or a

developmental disability, or a minor is experiencing a serious

emotional disturbance, and 1 of the following applies:

(a) The individual can reasonably be expected within the near

future to physically injure himself, herself, or another

individual, either intentionally or unintentionally.

(b) The individual is unable to provide himself or herself

food, clothing, or shelter or to attend to basic physical

activities such as eating, toileting, bathing, grooming, dressing,

or ambulating, and this inability may lead in the near future to

harm to the individual or to another individual.

unable to understand the need for treatment and, in the opinion of

the mental health professional, his or her continued behavior as a

result of the mental illness, developmental disability, or

emotional disturbance can reasonably be expected in the near future

to result in physical harm to the individual or to another

individual.

(30) ~~(26)~~ "Executive director" means an individual appointed

under section 226 to direct a community mental health services

program or his or her designee.

Sec. 100b. (1) "Facility" means a residential facility for the

care or treatment of individuals with serious mental illness,

serious emotional disturbance, or developmental disability that is

either a state facility or a licensed facility.

(2) "Family" as used in sections 156 to 161 means an eligible

minor and his or her parent or legal guardian.

(3) "Family member" means a parent, stepparent, spouse,

sibling, child, or grandparent of a primary consumer, or an

individual upon whom a primary consumer is dependent for at least

50% of his or her financial support.

(4) "Federal funds" means funds received from the federal

government under a categorical grant or similar program and does

not include federal funds received under a revenue sharing

arrangement.

(5) "Functional impairment" means both of the following:

(a) With regard to serious emotional disturbance, substantial

interference with or limitation of a minor's achievement or

maintenance of 1 or more developmentally appropriate social,

behavioral, cognitive, communicative, or adaptive skills.

(b) With regard to serious mental illness, substantial

interference or limitation of role functioning in 1 or more major

life activities including basic living skills such as eating,

bathing, and dressing; instrumental living skills such as

maintaining a household, managing money, getting around the

community, and taking prescribed medication; and functioning in

social, vocational, and educational contexts.

(6) "Guardian" means a person appointed by the court to

exercise specific powers over an individual who is a minor, legally

incapacitated, or developmentally disabled.

(7) "Hospital" or "psychiatric hospital" means an inpatient

program operated by the department for the treatment of individuals

with serious mental illness or serious emotional disturbance or a

psychiatric hospital or psychiatric unit licensed under section

137.

(8) "Hospital director" means the chief administrative officer

of a hospital or his or her designee.

(9) "Hospitalization" or "hospitalize" means to provide

treatment for an individual as an inpatient in a hospital.

(10) "Incapacitated" means that an individual, as a result of

the use of alcohol, is unconscious or has his or her mental or

physical functioning so impaired that he or she either poses an

immediate and substantial danger to his or her own health and

safety or is endangering the health and safety of the public.

(11) ~~(10)~~ "Individual plan of services" or "plan of services"

means a written ~~individualized~~ individual plan of services

developed with a recipient as required by section 712.

(12) ~~(11)~~ "Licensed facility" means a facility licensed by the

department under section 137 or an adult foster care facility.

(13) ~~(12)~~ "Licensed psychologist" means a doctoral level

psychologist licensed under section 18223(1) of the public health

code, 1978 PA 368, MCL 333.18223.

(14) ~~(13)~~ "Medical director" means a psychiatrist appointed

under section 231 to advise the executive director of a community

mental health services program.

(15) ~~(14)~~ "Mental health professional" means an individual who

is trained and experienced in the area of mental illness or

developmental disabilities and who is 1 of the following:

(a) A physician. ~~who is licensed to practice medicine or~~

~~osteopathic medicine and surgery in this state under article 15 of~~

~~the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.~~

(b) A psychologist licensed to practice in this state under

article 15 of the public health code, 1978 PA 368, MCL 333.16101 to

333.18838.

this state under article 15 of the public health code, 1978 PA 368,

MCL 333.16101 to 333.18838.

(d) ~~Until July 1, 2005, a certified social worker registered~~

~~under article 15 of the public health code, 1978 PA 368, MCL~~

~~333.16101 to 333.18838. Beginning July 1, 2005, a~~ A licensed

master's social worker licensed under article 15 of the public

health code, 1978 PA 368, MCL 333.16101 to 333.18838.

(e) A licensed professional counselor licensed to practice in

this state under article 15 of the public health code, 1978 PA 368,

MCL 333.16101 to 333.18838.

(f) A marriage and family therapist licensed under article 15

of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.

(16) ~~(15)~~ "Mental retardation" means a condition manifesting

before the age of 18 years that is characterized by significantly

subaverage intellectual functioning and related limitations in 2 or

more adaptive skills and that is diagnosed based on the following

assumptions:

(a) Valid assessment considers cultural and linguistic

diversity, as well as differences in communication and behavioral

factors.

(b) The existence of limitation in adaptive skills occurs

within the context of community environments typical of the

individual's age peers and is indexed to the individual's

particular needs for support.

strengths in other adaptive skills or other personal capabilities.

(d) With appropriate supports over a sustained period, the

life functioning of the individual with mental retardation will

generally improve.

(17) ~~(16)~~ "Minor" means an individual under the age of 18

years.

(18) ~~(17)~~ "Multicultural services" means specialized mental

health services for multicultural populations such as African-

Americans, Hispanics, Native Americans, Asian and Pacific

Islanders, and Arab/Chaldean-Americans.

(19) ~~(18)~~ "Neglect" means an act or failure to act committed

by an employee or volunteer of the department, a community mental

health services program, or a licensed hospital; a service provider

under contract with the department, a community mental health

services program, or a licensed hospital; or an employee or

volunteer of a service provider under contract with the department,

a community mental health services program, or a licensed hospital,

that denies a recipient the standard of care or treatment to which

he or she is entitled under this act.

Sec. 100c. (1) "Peace officer" means an officer of the

department of state police or of a law enforcement agency of a

county, township, city, or village who is responsible for the

prevention and detection of crime and enforcement of the criminal

laws of this state. For the purposes of sections 408 and 427, peace

officer also includes an officer of the United States secret

service with the officer's consent and a police officer of the

veterans' administration medical center reservation.

(2) "Peer review" means a process, including the review

process required under section 143a, in which mental health

professionals of a state facility, licensed hospital, or community

mental health services program evaluate the clinical competence of

staff and the quality and appropriateness of care provided to

recipients. These evaluations are confidential in accordance with

section 748(9) and are based on criteria established by the

facility or community mental health services program itself, the

accepted standards of the mental health professions, and the

department. ~~of community health.~~

(3) "Person requiring treatment" means an individual who meets

the criteria described in section 401.

(4) "Physician" means an individual licensed by the state to

engage in the practice of medicine or osteopathic medicine and

surgery under article 15 of the public health code, 1978 PA 368,

MCL 333.16101 to 333.18838.

(5) "Primary consumer" means an individual who has received or

is receiving services from the department or a community mental

health services program or services from the private sector

equivalent to those offered by the department or a community mental

health services program.

(6) "Priority" means preference for and dedication of a major

proportion of resources to specified populations or services.

Priority does not mean serving or funding the specified populations

or services to the exclusion of other populations or services.

(7) "Protective custody" means the temporary custody of an

individual by a peace officer with or without the individual's

consent for the purpose of protecting that individual's health and

safety, or the health and safety of the public, and for the purpose

of transporting the individual under section 408 or 427 if the

individual appears, in the judgment of the peace officer, to be a

person requiring treatment or is a person requiring treatment.

Protective custody is civil in nature and is not to be construed as

an arrest.

(8) "Psychiatric partial hospitalization program" means a

nonresidential treatment program that provides psychiatric,

psychological, social, occupational, nursing, music therapy, and

therapeutic recreational services under the supervision of a

physician to adults diagnosed as having serious mental illness or

minors diagnosed as having serious emotional disturbance who do not

require 24-hour continuous mental health care, and that is

affiliated with a psychiatric hospital or psychiatric unit to which

clients may be transferred if they need inpatient psychiatric care.

(9) "Psychiatric unit" means a unit of a general hospital that

provides inpatient services for individuals with serious mental

illness or serious emotional disturbance. As used in this

subsection, "general hospital" means a hospital as defined in

section 20106 of the public health code, 1978 PA 368, MCL

333.20106.

(10) "Psychiatrist" means 1 or more of the following:

(a) A physician who has completed a residency program in

psychiatry approved by the accreditation council for graduate

medical education or the American osteopathic association, or who

has completed 12 months of psychiatric rotation and is enrolled in

an approved residency program as described in this subsection.

(b) A psychiatrist employed by or under contract with the

department or a community mental health services program on March

28, 1996.

her time to the practice of psychiatry and is approved by the

director.

(11) "Psychologist" means an individual licensed to engage in

the practice of psychology under article 15 of the public health

code, 1978 PA 368, MCL 333.16101 to 333.18838, who devotes a

substantial portion of his or her time to the diagnosis and

treatment of individuals with serious mental illness, serious

emotional disturbance, or developmental disability.

(12) "Recipient" means an individual who receives mental

health services from the department, a community mental health

services program, or a facility or from a provider that is under

contract with the department or a community mental health services

program. For the purposes of this act, recipient does not include

an individual receiving substance use disorder services under

chapter 2A unless that individual is also receiving mental health

services under this act in conjunction with substance use disorder

services.

(13) "Recipient rights advisory committee" means a committee

of a community mental health services program board appointed under

section 757 or a recipient rights advisory committee appointed by a

licensed hospital under section 758.

(14) "Recovery" means a highly individualized process of

healing and transformation where the individual gains control over

his or her life. Related services include recovery management,

recovery support services, recovery houses or transitional living

programs, and relapse prevention. Recovery involves the development

of a new meaning, purpose, and growing beyond the impact of

addiction or a diagnosis. Recovery may include the pursuit of

spiritual, emotional, mental, or physical well-being.

(15) ~~(14)~~ "Regional entity" means an entity established under

section 204b to provide specialty services and supports.

(16) "Rehabilitation" means the act of restoring an individual

to a state of mental and physical health or useful activity through

vocational or educational training, therapy, and counseling.

(17) ~~(15)~~ "Resident" means an individual who receives services

in a facility.

(18) ~~(16)~~ "Responsible mental health agency" means the

hospital, center, or community mental health services program that

has primary responsibility for the recipient's care or for the

delivery of services or supports to that recipient.

(19) ~~(17)~~ "Rule" means a rule promulgated under the

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

24.328.

Sec. 100d. (1) "Service" means a mental health service.

(2) "Serious emotional disturbance" means a diagnosable

mental, behavioral, or emotional disorder affecting a minor that

exists or has existed during the past year for a period of time

sufficient to meet diagnostic criteria specified in the most recent

diagnostic and statistical manual of mental disorders published by

the American psychiatric association and approved by the department

and that has resulted in functional impairment that substantially

interferes with or limits the minor's role or functioning in

family, school, or community activities. The following disorders

are included only if they occur in conjunction with another

diagnosable serious emotional disturbance:

(a) A substance ~~abuse~~ use disorder.

(b) A developmental disorder.

mental disorders.

(3) "Serious mental illness" means a diagnosable mental,

behavioral, or emotional disorder affecting an adult that exists or

has existed within the past year for a period of time sufficient to

meet diagnostic criteria specified in the most recent diagnostic

and statistical manual of mental disorders published by the

American psychiatric association and approved by the department and

that has resulted in functional impairment that substantially

interferes with or limits 1 or more major life activities. Serious

mental illness includes dementia with delusions, dementia with

depressed mood, and dementia with behavioral disturbance but does

not include any other dementia unless the dementia occurs in

conjunction with another diagnosable serious mental illness. The

following disorders also are included only if they occur in

conjunction with another diagnosable serious mental illness:

(a) A substance ~~abuse~~ use disorder.

(b) A developmental disorder.

mental disorders.

(4) "Special compensation" means payment to an adult foster

care facility to ensure the provision of a specialized program in

addition to the basic payment for adult foster care. Special

compensation does not include payment received directly from the

medicaid program for personal care services for a resident, or

payment received under the supplemental security income program.

(5) "Specialized program" means a program of services,

supports, or treatment that are provided in an adult foster care

facility to meet the unique programmatic needs of individuals with

serious mental illness or developmental disability as set forth in

the resident's individual plan of services and for which the adult

foster care facility receives special compensation.

(6) "Specialized residential service" means a combination of

residential care and mental health services that are expressly

designed to provide rehabilitation and therapy to a recipient, that

are provided in the residence of the recipient, and that are part

of a comprehensive individual plan of services.

(7) "State administered funds" means revenues appropriated by

the state legislature exclusively for the purposes provided for in

regard to substance use disorder services and prevention.

(8) ~~(7)~~ "State facility" means a center or a hospital operated

by the department.

(9) ~~(8)~~ "State recipient rights advisory committee" means a

committee appointed by the director under section 756 to advise the

director and the director of the department's office of recipient

rights.

~~(9) "Substance abuse" means that term as defined in section~~

~~6107 of the public health code, Act No. 368 of the Public Acts of~~

~~1978, being section 333.6107 of the Michigan Compiled Laws.~~

(10) "Substance abuse" means the taking of alcohol or other

drugs at dosages that place an individual's social, economic,

psychological, and physical welfare in potential hazard or to the

extent that an individual loses the power of self-control as a

result of the use of alcohol or drugs, or while habitually under

the influence of alcohol or drugs, endangers public health, morals,

safety, or welfare, or a combination thereof.

(11) "Substance use disorder" means chronic disorder in which

repeated use of alcohol, drugs, or both, results in significant and

adverse consequences. Substance abuse is considered a substance use

disorder.

(12) "Substance use disorder prevention services" means

services that are intended to reduce the consequences of substance

use disorders in communities by preventing or delaying the onset of

substance abuse and that are intended to reduce the progression of

substance use disorders in individuals. Substance use disorder

prevention is an ordered set of steps that promotes individual,

family, and community health, prevents mental and behavioral

disorders, supports resilience and recovery, and reinforces

treatment principles to prevent relapse.

(13) "Substance use disorder treatment and rehabilitation

services" means the providing of identifiable recovery-oriented

services including:

(a) Early intervention and crisis intervention counseling

services for individuals who are current or former individuals with

substance use disorder.

(b) Referral services for individuals with substance use

disorder, their families, and the general public.

counseling, or rehabilitation for individuals physiologically or

psychologically dependent upon or abusing alcohol or drugs.

(14) ~~(10)~~ "Supplemental security income" means the program

authorized under title XVI of the social security act, ~~chapter 531,~~

~~49 Stat. 620, U.S.C.~~ 42 USC 1381 to ~~1382j and 1383 to 1383d.~~1383f.

(15) "Transfer facility" means a facility selected by the

department-designated community mental health entity, which

facility is physically located in a jail or lockup and is staffed

by at least 1 designated representative when in use according to

chapter 2A.

(16) ~~(11)~~ "Transition services" means a coordinated set of

activities for a special education student designed within an

outcome-oriented process that promotes movement from school to

postschool activities, including postsecondary education,

vocational training, integrated employment including supported

employment, continuing and adult education, adult services,

independent living, or community participation.

(17) ~~(12)~~ "Treatment" means care, diagnostic, and therapeutic

services, including the administration of drugs, and any other

service for the treatment of an individual's serious mental illness

or serious emotional disturbance.

(18) ~~(13)~~ "Treatment position" means a unit of measure of the

client capacity of a psychiatric partial hospitalization program.

Each treatment position represents a minimum of 6 hours per day and

5 days per calendar week.

(19) ~~(14)~~ "Urgent situation" means a situation in which an

individual is determined to be at risk of experiencing an emergency

situation in the near future if he or she does not receive care,

treatment, or support services.

(20) ~~(15)~~ "Wraparound services" means an individually designed

set of services provided to minors with serious emotional

disturbance or serious mental illness and their families that

includes treatment services and personal support services or any

other supports necessary to ~~maintain~~ foster education preparedness,

employability, and preservation of the child in the family home.

Wraparound services are to be developed through an interagency

collaborative approach and a minor's parent or guardian and a minor

age 14 or older are to participate in planning the services.

Sec. 161. In conjunction with community mental health services

programs, the department shall conduct annually and forward to the

governor and the house and senate appropriations committees, and

the senate and house committees with legislative oversight of human

services and mental health, an evaluation of the family support

subsidy program that shall include, but is not limited to, all of

the following:

(a) The impact of the family support subsidy program upon

children covered by this act in facilities and residential care

programs including, to the extent possible, sample case reviews of

families who choose not to participate.

(b) Case reviews of families who voluntarily terminate

participation in the family support subsidy program for any reason,

particularly when the eligible minor is placed out of the family

home, including the involvement of the department and community

mental health services programs in offering suitable alternatives.

subsidy payments including adequacy of subsidy and need for

services not available.

(d) The efforts to encourage program participation of eligible

families.

(e) The geographic distribution of families receiving subsidy

payments and, to the extent possible, eligible minors presumed to

be eligible for family support subsidy payments.

(f) Programmatic and legislative recommendations to further

assist families in providing care for eligible minors.

(g) Problems that arise in identifying eligible minors through

diagnostic evaluations performed under rules promulgated by the

department of education.

(h) The number of beds reduced in state facilities and foster

care facilities serving severely mentally, multiply, and autistic

impaired children when the children return home to their natural

families as a result of the subsidy program.

(i) Caseload figures by eligibility category as described in

section ~~100a(24).~~110a(27).

Sec. 208. (1) Services provided by a community mental health

services program shall be directed to individuals who have a

serious mental illness, serious emotional disturbance, or

developmental disability.

(2) Services may be directed to individuals who have other

mental disorders that meet criteria specified in the most recent

diagnostic and statistical manual of mental health disorders

published by the American psychiatric association and may also be

directed to the prevention of mental disability and the promotion

of mental health. Resources that have been specifically designated

to community mental health services programs for services to

individuals with dementia, alcoholism, or substance ~~abuse~~ use

disorder or for the prevention of mental disability and the

promotion of mental health shall be utilized for those specific

purposes.

(3) Priority shall be given to the provision of services to

individuals with the most severe forms of serious mental illness,

serious emotional disturbance, and developmental disability.

Priority shall also be given to the provision of services to

individuals with a serious mental illness, serious emotional

disturbance, or developmental disability in urgent or emergency

situations.

(4) An individual shall not be denied a service because an

individual who is financially liable is unable to pay for the

service.

Sec. 210. (1) Any single county or any combination of

adjoining counties may elect to establish a community mental health

services program by a majority vote of each county board of

commissioners.

(2) A department-designated community mental health entity

shall coordinate the provision of substance use disorder services

in its region and shall ensure services are available for

individuals with substance use disorder.

CHAPTER 2A

SUBSTANCE USE DISORDER SERVICES

Sec. 260. (1) As used in this chapter:

(a) "Court" means the probate court for the county in which a

minor, for whom a request for substance use disorder treatment and

rehabilitation services has been made, either resides or is found.

(b) "Minor" means an individual 14 or more years of age and

less than 18 years of age.

the parent or guardian of a child or minor but who has legal

custody of the child or minor and is providing support and care for

the child or minor.

(d) "Physiological dependency" means addiction to alcohol or

drugs that alters the body's physical or psychological status, or

both.

(e) "Program" means a hospital, clinic, organization, or

health professional licensed under part 62 of the public health

code, 1978 PA 368, MCL 333.6230 to 333.6251, to provide treatment

services or screening and assessment services.

(2) The department shall begin implementation of the changes

in this chapter not later than October 1, 2013 and shall have the

changes completed by not later than October 1, 2014.

Sec. 261. Records of the identity, diagnosis, prognosis, and

treatment of an individual maintained in connection with the

performance of a program, an approved service program, or an

emergency medical service authorized or provided or assisted under

this chapter are confidential and may be disclosed only for the

purposes and under the circumstances authorized by section 262 or

263.

Sec. 262. (1) An individual who is the subject of a record

maintained under section 261 may consent in writing to the

disclosure of the content of the record to:

(a) Health professionals for the purpose of diagnosis or

treatment of the individual.

(b) Governmental personnel for the purpose of obtaining

benefits to which the individual is entitled.

individual.

(2) The individual consenting under subsection (1) may revoke

the authorization for the disclosure at any time, unless expressly

prohibited by federal legislation on confidentiality of alcohol and

drug abuse patient records, by giving written notice to the

program.

(3) The authorization or revocation shall be in a form

specified by the department in accordance with regulations

specifying the form of the written consent issued by the United

States department of health, education, and welfare and the special

action office for drug abuse prevention.

Sec. 263. If an individual who is the subject of a record

maintained under section 261 does not give written consent, the

content of the record may be disclosed only as follows:

(a) To medical personnel to the extent necessary to meet a

bona fide medical emergency.

(b) To qualified personnel for the purpose of conducting

scientific statistical research, financial audits, or program

evaluation, but the personnel shall not directly or indirectly

identify an individual in a report of the research audit or

evaluation or otherwise disclose an identity in any manner.

order disclosure of whether a specific individual is under

treatment by a program. In all other respects, the confidentiality

shall be the same as the physician-patient relationship provided by

law.

(d) Upon application, a court may order disclosure of a record

for the purpose of a hearing under section 266 or 268.

Sec. 264. (1) The consent to the provision of substance use

disorder related medical or surgical care, treatment, or services

by a hospital, clinic, or health professional authorized by law

executed by a minor who is or professes to be an individual with a

substance use disorder is valid and binding as if the minor had

achieved the age of majority. The consent is not subject to later

disaffirmance by reason of minority. The consent of any other

person, including a spouse, parent, guardian, or person in loco

parentis, is not necessary to authorize these services to be

provided to a minor.

(2) For medical reasons, the treating physician, and, on the

advice and direction of the treating physician, a member of the

medical staff of a hospital or clinic or other health professional,

may, but is not obligated to, inform the spouse, parent, guardian,

or person in loco parentis as to the treatment given or needed. The

information may be given to or withheld from these persons without

consent of the minor and notwithstanding the express refusal of the

minor to the providing of the information.

(3) A spouse, parent, guardian, or person in loco parentis of

a minor is not legally responsible for services provided under this

section.

Sec. 265. (1) A program that is requested by a minor's parent

or a person in loco parentis to a minor to perform substance use

disorder treatment and rehabilitation services for the minor may

perform those services for the minor without the minor's consent if

the minor is less than 14 years of age, as verified by the minor's

parents or person acting in loco parentis, and if the request is

made in writing.

(2) A minor's parent or a person in loco parentis to a minor

may request that substance use disorder treatment and

rehabilitation services be provided to the minor by a program.

(3) If substance use disorder treatment and rehabilitation

services are requested under subsection (2) and the minor does not

consent to the substance use disorder treatment and rehabilitation

services, the program shall cause to have conducted a diagnostic

evaluation to determine whether the minor is physiologically

dependent. Except as otherwise provided in subsection (4), a

diagnostic evaluation shall be conducted within 48 hours of the

request for substance use disorder treatment and rehabilitation

services.

(4) If it is determined during a diagnostic evaluation

conducted under subsection (3) that the minor is in need of

detoxification, the program may arrange for detoxification services

and those services may be performed, with the consent of the

minor's parent or person in loco parentis to the minor and without

the minor's consent, for a period that shall not exceed 5 days.

After the minor's detoxification, the program shall cause to have

the minor's diagnostic evaluation completed within 48 hours.

(5) Except as otherwise provided in subsection (6), after a

diagnostic evaluation has been completed under this section,

substance use disorder treatment and rehabilitation services shall

not be performed unless 1 of the following occurs:

(a) The minor consents to substance use disorder treatment and

rehabilitation services.

(b) It is determined under section 266 that substance use

disorder treatment and rehabilitation services are necessary for

the minor.

(6) If it is determined as a result of a diagnostic evaluation

conducted under this section that the minor is physiologically

dependent, substance use disorder treatment and rehabilitation

services may be performed without the minor's consent pending a

hearing under section 266 and for a period that shall not exceed 7

business days.

(7) Psychotropic drugs shall not be used under this section by

a program on a minor unless the minor consents or the court orders

the use of the drugs at a hearing under section 266.

Sec. 266. (1) A minor's parent or person in loco parentis to a

minor may petition the court requesting the court's determination

as to whether treatment and rehabilitation services are necessary

for the minor.

(2) Upon receipt of a petition under subsection (1), the court

shall appoint a guardian ad litem to represent the minor for the

purposes of this section and sections 267 and 268 and shall notify

all of the following persons of the time and place for the hearing:

(a) The minor's parents or person in loco parentis to the

minor.

(b) The minor.

(d) The guardian ad litem for the minor.

(3) A minor has the right to an independent diagnostic

evaluation by a program.

(4) A hearing on a petition under subsection (1) shall be held

within 7 days of the court's receipt of the petition.

(5) At a hearing under this section, the court shall determine

whether substance use disorder treatment and rehabilitation

services are necessary. If the court determines that substance use

disorder treatment and rehabilitation services are necessary, the

court shall determine a suitable placement for the minor in the

least restrictive setting available.

(6) In making the determinations under subsection (5), the

court shall obtain and examine the diagnostic evaluation prepared

for the minor under section 265. If an independent diagnostic

evaluation was prepared, the court shall examine that evaluation.

Information obtained under this section shall not be used to

authorize a petition under section 2(a) of chapter XIIA of the

probate code of 1939, 1939 PA 288, MCL 712A.2.

(7) The court shall not order substance use disorder treatment

and rehabilitation services under this section on the grounds that

the minor's parent or person in loco parentis to the minor is

unwilling or unable to provide or arrange for the minor's

management, care, or residence.

(8) Court records maintained under this section are

confidential and open only by order of the court to persons having

a legitimate interest.

Sec. 267. (1) Not more than 30 days after the court orders the

admission of a minor to a program under section 266, and at 60-day

intervals after that, the director of the program shall perform or

arrange to have performed a review of the minor's treatment plan.

(2) The results of the reviews shall be transmitted in writing

within 72 hours after completion of the review to all of the

following:

(a) The minor.

(b) The minor's parent or person in loco parentis to the

minor.

(d) The court.

(3) A minor may object to his or her treatment plan within 30

days after receipt of the periodic review under subsection (1). The

objection shall be in writing and shall state the basis on which it

is being raised. At the minor's request, the minor's guardian ad

litem shall assist the minor in properly submitting the objection.

(4) If it is determined that substance use disorder treatment

and rehabilitation services are no longer necessary, the minor

shall be discharged from the program. If the minor is discharged,

the court shall be notified of the discharge.

Sec. 268. (1) Upon receipt of an objection filed under section

267, the court shall schedule a hearing to be held within 7

business days. After receipt of the objection, the court shall

notify all of the following persons of the time and place for the

hearing:

(a) The minor.

(b) The minor's parent or person in loco parentis to the

minor.

(d) The program director.

(2) The court shall sustain the objection and order the

discharge of the minor unless the court finds by clear and

convincing evidence that substance use disorder treatment and

rehabilitation services are necessary. If the court does not

sustain the objection, an order shall not be entered, the objection

shall be dismissed, and substance use disorder treatment and

rehabilitation services shall continue.

Sec. 269. The department-designated community mental health

entity and its community mental health services program provider

network may contract for and spend funds for the prevention of

substance use disorder and for the counseling and treatment of

individuals with substance use disorder. A department-designated

community mental health entity and other community mental health

services program may make contracts with the governing bodies of

other department-designated community mental health entities and

other community mental health services programs and other persons

for these purposes.

Sec. 270. The department shall do all of the following:

(a) Administer and coordinate state administered funds for

substance use disorder treatment and rehabilitation services and

substance use disorder prevention services.

(b) Use appropriations of revenues from taxes imposed by the

Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to

436.2303, exclusively for the purposes provided in that act.

comment, budget and grant requests for public funds to be allocated

for substance use disorder services including education, research,

treatment, rehabilitation, and prevention activities.

(d) Provide technical assistance to department-designated

community mental health entities and community mental health

services programs and to treatment, rehabilitation, and prevention

agencies for the purposes of program development, administration,

and evaluation.

(e) Develop annually a comprehensive state plan through the

use of federal, state, local, and private resources of adequate

services and facilities for the prevention and control of substance

use disorder and the diagnosis, treatment, and rehabilitation of

individuals with substance use disorder.

(f) Evaluate, in cooperation with appropriate state

departments and agencies, the effectiveness of substance use

disorder services in the state funded by federal, state, local, and

private resources, and annually during the month of November,

report a summary of the detailed evaluation to the governor and the

legislature.

Sec. 271. The department shall do both of the following:

(a) Cooperate with agencies of the federal government and

receive and use federal funds for purposes authorized by the

legislature.

(b) Prior to the expenditure of funds appropriated to other

state agencies receiving appropriations for substance use disorder

treatment and rehabilitation services and substance use disorder

prevention services, have a contract signed with the receiving

department-designated community mental health entity. The

department shall submit a copy of each agreement to the governor

and the appropriations committees of the senate and house of

representatives.

Sec. 272. The department shall do all of the following:

(a) Establish a statewide information system for the

collection of statistics, management data, and other information

required for the implementation of this chapter.

(b) Collect, analyze, and disseminate data concerning

substance use disorder treatment and rehabilitation services and

substance use disorder prevention services.

material as to the nature and effect of alcohol and drugs.

(d) Organize, sponsor, and fund training programs for persons

directly or indirectly engaged in the treatment, rehabilitation,

and prevention of substance use disorder.

(e) Conduct and provide grant-in-aid funds to conduct research

on the incidence, prevalence, causes, and treatment of substance

use disorder and disseminate this information to the public and to

substance use disorder services professionals.

Sec. 273. (1) The department shall do all of the following:

(a) Annually establish program priority for funding for the

next fiscal year.

(b) Establish guidelines for project applications.

state alcoholism and drug abuse treatment grants. The rules shall

be reviewed every 2 years.

(2) The department-designated community mental health entities

and community mental health services program provider networks

shall ensure that applicants for state administered funds are

licensed, unless exempt, as substance use disorder service programs

under part 62 of the public health code, 1978 PA 368, MCL 333.6230

to 333.6251.

(3) The department may issue licenses; require reports;

establish standards and procedures; and make inspections necessary

to enforce this chapter and rules promulgated under this chapter;

and provide technical assistance for the guidance of substance use

disorder service programs in complying with the requirements and

rules promulgated under this chapter.

Sec. 274. A department-designated community mental health

entity designated by the director to assume responsibility for

providing substance use disorder services for a county or

multicounty region, with assistance from its community mental

health services program provider network, shall do all of the

following:

(a) Develop comprehensive plans for substance use disorder

treatment and rehabilitation services and substance use disorder

prevention services consistent with guidelines established by the

department.

(b) Review and comment to the department of licensing and

regulatory affairs on applications for licenses submitted by local

treatment, rehabilitation, and prevention organizations.

disorder service programs.

(d) Collect and transfer data and financial information from

local programs to the department of licensing and regulatory

affairs.

(e) Submit an annual budget request to the department for use

of state administered funds for its substance use disorder

treatment and rehabilitation services and substance use disorder

prevention services in accordance with guidelines established by

the department.

(f) Make contracts necessary and incidental to the performance

of the department-designated community mental health entity's and

community mental health services program's functions. The contracts

may be made with public or private agencies, organizations,

associations, and individuals to provide for substance use disorder

treatment and rehabilitation services and substance use disorder

prevention services.

(g) Annually evaluate and assess substance use disorder

services in the department-designated community mental health

entity in accordance with guidelines established by the department.

Sec. 275. (1) Subject to subsection (2), if a department-

designated community mental health entity under this chapter

maintains a waiting list for services, the department-designated

community mental health entity shall place a parent whose child has

been removed from the home under the child protection laws of this

state or is in danger of being removed from the home under the

child protection laws of this state because of the parent's

substance use disorder in a priority position on the waiting list

above all other applicants with substantially similar clinical

conditions.

(2) If a department-designated community mental health entity

receives federal substance abuse prevention and treatment block

grant funds, the priority position of the parent on the waiting

list granted under subsection (1) will come after a priority

position on the waiting list granted under the conditions of the

federal block grant. If the parent qualifies for priority status on

the waiting list under the conditions of the federal block grant,

the department-designated community mental health entity shall

place the parent in that priority position on the waiting list.

Sec. 276. (1) An individual who appears to be incapacitated in

a public place shall be taken into protective custody by a law

enforcement officer and taken to an approved service program, or to

an emergency medical service, or to a transfer facility according

to subsection (4) for subsequent transportation to an approved

service program or emergency medical service. When requested by a

law enforcement officer, an emergency service unit or staff shall

provide transportation for the individual to an approved service

program or an emergency medical service. This subsection does not

apply to an individual who the law enforcement officer reasonably

believes will attempt escape or will be unreasonably difficult for

staff to control.

(2) A law enforcement officer may take an individual into

protective custody with that kind and degree of force that would be

lawful were the officer effecting an arrest for a misdemeanor

without a warrant. In taking the individual, a law enforcement

officer may take reasonable steps to protect himself or herself.

The protective steps may include a "pat down" search of the

individual in his or her immediate surroundings, but only to the

extent necessary to discover and seize any dangerous weapon that

may on that occasion be used against the officer or other

individuals present. These protective steps shall be taken by the

law enforcement officer before an emergency service unit or staff

provides transportation of an individual to an approved service

program or emergency medical service.

(3) The taking of an individual to an approved service

program, emergency medical service, or transfer facility under

subsection (1) is not an arrest, but is a taking into protective

custody with or without consent of the individual. The law

enforcement officer shall inform the individual that he or she is

being held in protective custody and is not under arrest. An entry

or other record shall not be made to indicate that the individual

was arrested or charged with either a crime or being incapacitated.

An entry shall be made indicating the date, time, and place of the

taking, but the entry shall not be treated for any purpose as an

arrest or criminal record.

(4) An individual taken into protective custody under

subsection (1) may be taken to a transfer facility for not more

than 8 hours, if there is neither an approved service program nor

an emergency medical service in that county and if, due to distance

or other circumstances, a law enforcement officer is unable to

complete transport of the individual to an approved service program

or emergency medical service. The law enforcement officer or agency

shall immediately notify and request the nearest approved service

program or emergency medical service to provide an emergency

service unit or staff as soon as possible to transport the

individual to that approved service program or emergency medical

service. If neither an emergency service unit nor staff is

available for transportation, a law enforcement officer may

transport the individual to an approved service program or

emergency medical service. If an emergency service unit or staff is

to provide transportation, the designated representative of the

transfer facility shall assume custody of the individual and shall

take all reasonable steps to ensure the individual's health and

safety until custody is transferred to the emergency service unit

or staff of an approved service program or emergency medical

service.

(5) An individual arrested by a law enforcement officer for

the commission of a misdemeanor punishable by imprisonment for not

more than 3 months, or by a fine of not more than $500.00, or both,

may be taken to an approved service program or an emergency medical

service for emergency treatment if the individual appears to be

incapacitated at the time of apprehension. This treatment is not in

lieu of criminal prosecution of the individual for the offense with

which the individual is charged, nor shall it preclude the

administration of any tests as provided for by law.

Sec. 277. (1) An individual who is taken to an approved

service program or emergency medical service under section 276(1)

shall continue to be in protective custody and shall be examined by

a physician or his or her designated representative as soon as

possible, but not longer than 8 hours. The physician or designated

representative may conduct a chemical test to determine the amount

of alcohol in the bloodstream of the individual. The physician or

designated representative shall inform the individual of his or her

right to that test and shall conduct a test at the request of the

individual.

(2) An individual who, by medical examination, is found to be

incapacitated shall then receive treatment from an approved service

program or emergency medical service. An individual shall not be

denied treatment solely because the individual has withdrawn from

treatment against medical advice on a prior occasion or because the

individual has relapsed after earlier treatment. An approved

service program or the emergency medical service may arrange for

necessary transportation.

(3) Approved service programs are not expected to provide

treatment other than that for which they are licensed, nor shall an

emergency medical service be required to provide treatment other

than that routinely provided for other patients treated.

Sec. 278. (1) An individual who is taken to an approved

service program or emergency medical service under section 276(1)

shall continue to be in protective custody. The individual shall

not be detained once the individual is medically examined and found

not to be incapacitated. An individual found by medical examination

to be incapacitated shall be detained until the individual is no

longer incapacitated or for not more than 72 hours after the

individual is taken to the approved service program or emergency

medical service. An individual may consent to remain in the program

for as long as the physician in charge believes appropriate.

(2) An individual who is taken to an approved service program

or emergency medical service under section 276(5) shall be

discharged to a law enforcement officer after the individual is no

longer incapacitated. An individual who remains incapacitated at

the expiration of 72 hours after the individual has been taken to

the approved service program or emergency medical service shall be

discharged to a law enforcement officer unless both of the

following occur:

(a) The individual agrees to remain in the program longer than

72 hours.

(b) The physician in charge of the program believes it

appropriate that the individual remain in the program longer than

72 hours.

Sec. 279. (1) An individual who is brought to an approved

service program or emergency medical service under section 276(1)

and is found by medical examination not to be incapacitated shall

be immediately released and transportation may be arranged by the

approved service program or emergency medical service.

(2) An individual who is brought to an approved service

program or emergency medical service under section 276(5) and is

found by medical examination not to be incapacitated shall be

released to a law enforcement officer representing the agency that

made the arrest.

Sec. 280. If an individual held in protective custody is

admitted to an approved service program or emergency medical

service, the individual's family, next of kin, or someone whom the

individual designates shall be notified as promptly as possible.

Sec. 281. (1) An individual may voluntarily seek admission at

an approved service program or emergency medical service.

(2) The individual shall be examined by a physician or his or

her designated representative. The physician at the request of the

individual may order a chemical test to determine the amount of

alcohol in the bloodstream of the individual.

(3) An individual who by medical examination is found to be

incapacitated shall then be admitted or referred for treatment.

Transportation may be provided to an individual admitted or

referred for treatment through the approved service program or the

emergency medical service.

(4) The voluntarily admitted individual may leave at any time

or may consent to remain as long as the physician believes

appropriate.

(5) If a voluntarily admitted individual is admitted to an

approved service program or emergency medical service, the family,

next of kin, or someone whom the individual designates, shall be

notified as promptly as possible. If an adult requests that there

be no notification, the request shall be respected.

Sec. 282. (1) A law enforcement officer, a member of the

emergency service unit, or staff member of an approved service

program or an emergency medical service who acts in compliance with

sections 276 to 286 is acting in the course of his or her official

duty and is not criminally or civilly liable as a result.

(2) Subsection (1) does not apply to a law enforcement

officer, member of the emergency service unit, or staff member of

an approved service program or an emergency medical service who,

while acting in compliance with sections 276 to 286, engages in

behavior involving gross negligence or willful and wanton

misconduct.

(3) Approved service programs, staff of approved service

programs, emergency medical services, staff of emergency medical

services, law enforcement officers, and emergency service units are

not criminally or civilly liable for the subsequent actions of the

apparently incapacitated individual who leaves the approved service

program or emergency medical service.

Sec. 283. An individual taken, or seeking voluntary admission

under section 281, to an emergency medical service or a transfer

facility shall have his or her possessions inventoried and held in

a secure place. These possessions shall be returned to the

individual when the individual is released. Contraband discovered

in the inventory shall not be returned to the individual.

Sec. 284. (1) If treatment or transportation, or both, is

provided by an approved service program, emergency service unit, or

emergency medical service, and the individual has not paid the

charge for that treatment or transportation, or both, the approved

service program, emergency service unit, or emergency medical

service is entitled to any payment received by the individual or to

which the individual may be entitled because of the services

rendered, or entitled to any payment from any public or private

source available to the approved service program, emergency service

unit, or emergency medical service because of the treatment or

transportation, or both, provided to the individual.

(2) If an individual receives treatment or transportation, or

both, from an approved service program, emergency service unit, or

emergency medical service, the estate of the individual or an

individual obligated to provide for the cost of treatment, or

transportation, or both, is liable to the approved service program,

emergency service unit, or emergency medical service for the cost

of the treatment or transportation, or both, of that individual.

Sec. 285. Records of the diagnostic evaluation, psychiatric,

psychological, social service care, and referral of an individual

that are maintained in connection with the performance of an

approved service program or emergency medical service authorized or

provided under sections 276 to 286 are confidential and may only be

disclosed in either of the following circumstances:

(a) For the purposes and under the circumstances expressly

authorized under section 262 or 263.

(b) At the specific written request of a parole or probation

officer seeking the information with regard to a parolee or

probationer in the officer's charge who agrees to release this

information.

Sec. 286. (1) After January 15, 1978, a city, county,

township, or village may not adopt or enforce a local law,

ordinance, resolution, rule, or portion thereof having the force of

law that imposes a civil or criminal penalty for public

intoxication, being a common drunkard, or being incapacitated,

except as provided in subsection (3) or (4).

(2) A local unit of government may not interpret or apply any

law of general application to circumvent subsection (1).

(3) This section and sections 276 to 285 do not affect a law,

ordinance, resolution, or rule against drunken driving, driving

under the influence of alcohol, or other similar offense involving

the operation of a vehicle, snowmobile, aircraft, vessel,

machinery, or other equipment, or motorized conveyance, or

regarding the sale, purchase, dispensing, possession,

transportation, consumption, or use of alcoholic beverages at

stated times and places, or by a particular class of individuals.

(4) This section and sections 276 to 285 do not prohibit a

local unit of government from adopting an ordinance consistent with

section 167 of the Michigan penal code, 1931 PA 328, MCL 750.167.

Sec. 287. (1) The composition of the department-designated

community mental health entity board shall consist of

representatives of mental health, developmental or intellectual

disabilities, and substance use disorder services.

(2) The department-designated community mental health entity

shall ensure that funding dedicated to substance use disorder

services shall be retained for substance use disorder services and

not diverted to fund services that are not for substance use

disorders.

(3) A department-designated community mental health entity

designated by the director to assume the responsibilities of

providing substance use disorder services for a county or region

shall retain the existing providers who are under contract to

provide substance use disorder treatment and prevention services

for a period of 2 years after the effective date of the amendatory

act that added this section. Unless another plan is approved by the

county board of commissioners, counties or regions that have local

public health departments that contract with substance use disorder

providers on the effective date of the amendatory act that added

this section shall continue to allow the local public health

department to carry out that function for 2 years after the

effective date of the amendatory act that added this section.

(4) The department and the department-designated community

mental health entity shall continue to use the allocation formula

based on federal and state data sources to allocate and distribute

nonmedical assistance substance use disorder services funds.

(5) A department-designated community mental health entity

shall establish a substance use disorder oversight policy board

House Bill No. 4862 as amended December 12, 2012

through a contractual agreement between the department-designated

community mental health entity and each of the counties served by

the community mental health services program under 1967 (Ex Sess)

PA 8, MCL 124.531 to 124.536, or other appropriate state law. The

substance use disorder oversight policy board shall include the

members called for in the establishing agreement, but shall have at

least 1 board member appointed by the county board of commissioners

for each county served by the department-designated community

mental health entity. The substance use disorder oversight policy

board shall perform the functions and responsibilities assigned to

it through the establishing agreement, which shall include at least

the following responsibilities:

(a) Approval of any department-designated community mental

health entity budget containing local funds for treatment or

prevention of substance use disorders.

(b) Advice and recommendations regarding <<DEPARTMENT-DESIGNATED

community mental health entities>> budgets for substance use disorder

treatment or

prevention using other nonlocal funding sources.

substance use disorder treatment or prevention providers.

(d) Any other terms as agreed to by the participating parties

consistent with the authorizing legislation.

(6) The department shall report to the house of

representatives and the senate appropriations subcommittee on

community health on the redistricting of regions not later than 30

days before implementation of the plan.

(7) The department shall work with department-designated

community mental health entities and community mental health

services programs to simplify the administrative and reporting

requirements for mental health services and substance use disorder

services.

(8) Beginning not later than October 1, 2014, or at the time

the implementation of the changes in this chapter are complete,

whichever is sooner, department-designated community mental health

entities are coordinating agencies for purposes of receiving any

funds statutorily required to be distributed to coordinating

agencies.

Enacting section 1. The following parts and sections of the

public health code, 1978 PA 368, MCL 333.1101 to 333.25211, are

repealed:

(a) Part 61, MCL 333.6101 to 333.6141.

(b) Sections 6201, 6203, 6205, 6207, 6209, 6211, 6213, 6215,

6217, 6221, 6222, 6223, 6226, 6228, 6231, and 6232, MCL 333.6201,

333.6203, 333.6205, 333.6207, 333.6209, 333.6211, 333.6213,

333.6215, 333.6217, 333.6221, 333.6222, 333.6223, 333.6226,

333.6228, 333.6231, and 333.6232.

Enacting section 2. This amendatory act does not take effect

unless House Bill No. 4863 of the 96th Legislature is enacted into

law.