Bill Text: MI HB5228 | 2013-2014 | 97th Legislature | Introduced
Bill Title: State agencies (existing); human services; access to certain substance abuse records; allow. Amends secs. 261 & 285 of 1974 PA 258 (MCL 330.1261 & 330.1285) & adds sec. 261a.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-01-23 - Printed Bill Filed 01/23/2014 [HB5228 Detail]
Download: Michigan-2013-HB5228-Introduced.html
HOUSE BILL No. 5228
January 22, 2014, Introduced by Rep. Kurtz and referred to the Committee on Families, Children, and Seniors.
A bill to amend 1974 PA 258, entitled
"Mental health code,"
by amending sections 261 and 285 (MCL 330.1261 and 330.1285), as
added by 2012 PA 500, and by adding section 261a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 261a,
262, or 263.
Sec. 261a. (1) If there is a compelling need for substance use
disorder records or information to determine whether child abuse or
child neglect has occurred or to take action to protect a minor
where there may be a substantial risk of harm, a department of
human services caseworker or administrator directly involved in the
child abuse or child neglect investigation shall notify a substance
use disorder treatment professional that a child abuse or child
neglect investigation has been initiated involving a person who has
received services from the substance use disorder treatment
professional and shall request in writing substance use disorder
treatment records and information that are pertinent to that
investigation. Upon receipt of this notification and request, the
substance use disorder treatment professional shall review all
substance use disorder treatment records and information in his or
her possession to determine if there are substance use disorder
treatment records or information that is pertinent to that
investigation. Within 14 days after receipt of a request made under
this subsection, the substance use disorder treatment professional
shall release those pertinent substance use disorder treatment
records and information to the department of human services
caseworker or administrator directly involved in the child abuse or
child neglect investigation.
(2) The following privileges do not apply to substance use
disorder records or information to which access is given under this
section:
(a) The physician-patient privilege created in section 2157 of
the revised judicature act of 1961, 1961 PA 236, MCL 600.2157.
(b) The dentist-patient privilege created in section 16648 of
the public health code, 1978 PA 368, MCL 333.16648.
(c) The licensed professional counselor-client and limited
licensed counselor-client privilege created in section 18117 of the
public health code, 1978 PA 368, MCL 333.18117.
(d) The psychologist-patient privilege created in section
18237 of the public health code, 1978 PA 368, MCL 333.18237.
(e) Any other health professional-patient privilege created or
recognized by law.
(3) To the extent not protected by the immunity conferred by
1964 PA 170, MCL 691.1401 to 691.1419, an individual who in good
faith gives access to substance use disorder records or information
under this section is immune from civil or administrative liability
arising from that conduct, unless the conduct was gross negligence
or willful and wanton misconduct.
(4) A duty under this act relating to child abuse and child
neglect does not alter a duty imposed under another statute,
including the child protection law, 1975 PA 238, MCL 722.621 to
722.638, regarding the reporting or investigation of child abuse or
child neglect.
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 261a, 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.
