SENATE BILL NO. 673
December 04, 2019, Introduced by Senator
VANDERWALL and referred to the Committee on Health Policy and Human
Services.
A bill to amend 1974 PA 258, entitled
"Mental health code,"
by amending sections 100c and 137 (MCL 330.1100c and 330.1137), section 100c as amended by 2016 PA 320 and section 137 as amended by 2015 PA 59, and by adding section 137a.
the people of the state of michigan enact:
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 preventing and detection of detecting crime and enforcement of enforcing the criminal laws of this state. For the
purposes of sections 408, 426, 427a, and 427b, 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. Peer review 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.
(3) "Person
requiring treatment" means an individual who meets the criteria described
in section 401.
(4) "Physician"
means an individual licensed or otherwise authorized to engage in the practice
of medicine under part 170 of the public health code, 1978 PA 368, MCL
333.17001 to 333.17084, 333.17097, or to engage in the practice
of osteopathic medicine and surgery under part 175 of the public health code,
1978 PA 368, MCL 333.17501 to 333.17556.
(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 276, 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 an arrest.
(8) "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.
(9)
"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 subdivision.
(b) A psychiatrist
employed by or under contract with the department or a community mental health
services program on March 28, 1996.
(c) A physician who
devotes a substantial portion of his or her time to the practice of psychiatry
and is approved by the director.
(10)
"Psychologist" means an individual who is licensed or otherwise
authorized to engage in the practice of psychology under part 182 of the public
health code, 1978 PA 368, MCL 333.18201 to 333.18237, and who devotes a
substantial portion of his or her time to the diagnosis and treatment of
individuals with serious mental illness, serious emotional disturbance,
substance use disorder, or developmental disability.
(11)
"Public patient" means an individual approved for mental health
services by a community mental health services program. Public patient includes
an individual who is admitted as a patient under section 423, 429, or 438.
(12)
(11) "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)
(12) "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)
(13) "Recovery" means a highly individualized
process of healing and transformation by which 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)
(15) "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)
(16) "Resident" means an individual who receives
services in a facility.
(18)
(17) "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)
(18) "Rule" means a rule promulgated under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
Sec. 137. (1) A person shall must not
construct, establish, or maintain a psychiatric hospital or psychiatric unit or
use the terms psychiatric hospital or psychiatric unit without first obtaining
a license. The director shall require an applicant or a licensee to disclose
the names, addresses, and official positions of all persons who have an
ownership interest in a psychiatric hospital or psychiatric unit. If the
psychiatric hospital or psychiatric unit is located on or in real estate that
is leased, the applicant or licensee shall disclose the name of the lessor and
any direct or indirect interest that the applicant or licensee has in the lease
other than as lessee. A license shall be granted for no longer than 1 year
after the date of issuance, unless otherwise provided in sections 134 to 150.
The director may issue a provisional license for 1 year to provide a licensee
or applicant time to undertake remedial action to correct programmatic or
physical plant deficiencies. A provisional license may be renewed for not
longer than 1 additional year. A violation of this section is a misdemeanor and
is punishable by a fine of not more than $1,000.00 for each violation.
(2) Annual licensure Renewal of a psychiatric hospitals hospital's and a psychiatric units shall be implemented by March 28, 1997. unit's license is required annually. Licensure is
subject to section 137a. License fees shall be prorated according
to the period of time that the license will be in force.
(3) The department shall
issue an initial license under this section not later than 6 months after the
applicant files a completed application. Receipt of the application is
considered the date the application is received by any agency or department of
this state. If the application is considered incomplete by the department, the
department shall notify the applicant in writing or make notice electronically
available within 30 days after receipt of the incomplete application,
describing the deficiency and requesting additional information. The 6-month
period is tolled upon notification by the department of a deficiency until the
date the requested information is received by the department. The determination
of the completeness of an application is not an approval of the application for
the license and does not confer eligibility on an applicant determined
otherwise ineligible for issuance of a license.
(4) If the department
fails to issue or deny a license or registration within the time required by
this section, the department shall return the license fee and shall reduce the
license fee for the applicant's next renewal application, if any, by 15%.
Failure to issue or deny a license within the time period required under this
section does not allow the department to otherwise delay the processing of the application. A
completed application shall must be placed in sequence with other
completed applications received at that same time. The department shall must not discriminate against an
applicant in the processing of the application
based on the fact that the application fee was refunded or discounted under
this subsection.
(5) The director of the
department shall submit a report by December 1 of each year to the standing
committees and appropriations subcommittees of the senate and house of representatives
concerned with issues relating to mental health. The director shall include all
of the following information in the report concerning the preceding fiscal
year:
(a) The number of initial
applications the department received and completed within the 6-month time
period described in subsection (3).
(b) The number of
applications rejected.
(c) The number of
applicants not issued a license within the 6-month time period and the amount
of money returned to licensees under subsection (4).
(6) As used in this
section, "completed application" means an application complete on its
face and submitted with any applicable licensing fees as well as any other
information, records, approval, security, or similar item required by law or
rule from a local unit of government, a federal agency, or a private entity but
not from another department or agency of this state.
Sec. 137a. (1) As a condition of
licensing, a psychiatric hospital or psychiatric unit must accept public
patients and maintain 50% of beds available to public patients.
(2)
Beginning June 1, 2020, a psychiatric hospital and psychiatric unit must submit
an annual report to the department as a part of the application for license
renewal. The department may develop the annual report format. The annual report
must include data on all of the following:
(a)
Total patient days of care provided to public patients during the previous
calendar year.
(b)
Total beds available during the previous calendar year.
(c)
Total patient days of care during the previous calendar year.
(3)
The department may use the annual report data from subsection (2) or a
department investigation to determine if a psychiatric hospital or psychiatric
unit maintains 50% of beds available to public patients.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 672 of the 100th Legislature is enacted into law.