Bill Text: MI HB5689 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Health; substance abuse treatment; involuntary substance abuse assessment, stabilization, and treatment for adults; allow. Amends secs. 6104, 6501 & 6502 of 1978 PA 368 (MCL 333.6104 et seq.) & adds sec. 6501a.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-05-30 - Printed Bill Filed 05/30/2012 [HB5689 Detail]

Download: Michigan-2011-HB5689-Introduced.html

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HOUSE BILL No. 5689

 

May 29, 2012, Introduced by Rep. Walsh and referred to the Committee on Judiciary.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending sections 6104, 6501, and 6502 (MCL 333.6104, 333.6501,

 

and 333.6502), section 6104 as amended by 1990 PA 179, and by

 

adding section 6501a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 6104. (1) "Emergency medical service" means either of the

 

following:

 

     (a) An organized emergency department located in and operated

 

by a hospital licensed in accordance with article 17 and designated

 

by the administrator.

 

     (b) A facility designated by the administrator and routinely

 

available for the general care of medical patients.

 

     (2) "Emergency service unit" means an ambulance operation as

 

defined in section 20902.

 

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

 

the use of alcohol or other drugs, 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.

 

     Sec. 6501. (1) An individual who appears to be incapacitated

 

in a public place or who is the subject of a court order for

 

involuntary assessment and stabilization under section 6501a 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 pursuant to subsection (4) for

 

subsequent transportation to an approved service program or

 

emergency medical service. When Except as otherwise provided in

 

this subsection, if 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 shall does not apply to the

 

transportation of an individual who by an emergency service unit or

 

staff if the law enforcement officer reasonably believes that the

 

individual 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 which would

 

be that is lawful were for the officer effecting an to arrest that

 

individual 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" 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 which that may on that occasion be used

 

against the officer or other individuals present. These The law

 

enforcement officer shall take 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 or emergency medical service is not located 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

 

or staff is not 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 and it does not

 

preclude the administration of any tests as provided for by law.

 

     Sec. 6501a. (1) An individual who is incapacitated, who is an

 

adult, and who is determined by a court to appear to meet the

 

criteria for protective custody under subsection (3) may be taken

 

into protective custody for involuntary assessment and

 

stabilization or to a less restrictive component of an approved

 

service program for involuntary assessment only, upon the entry of

 

a court order. Involuntary assessment and stabilization may be

 

initiated by the submission of a petition to the court by a person

 

described in subsection (2). This section does not apply and

 

sections 6121 to 6126 apply in the case of a minor.

 

     (2) A petition for involuntary assessment and stabilization

 

may be filed by the respondent's spouse or guardian, any relative,

 

a private health practitioner, the director of an approved service

 

program or the director's designee, or any 3 adults who have

 

personal knowledge of the respondent's substance abuse. A petition

 

for involuntary assessment and stabilization shall contain the name

 

of the respondent, the name of the applicant or applicants, the

 

relationship between the respondent and the applicant, the name of

 

the respondent's attorney, if known, and a statement of the

 

respondent's ability to afford an attorney and shall state facts to

 

support the need for involuntary assessment and stabilization,

 

including all of the following:

 

     (a) The reason for the petitioner's belief that the respondent

 

is engaging in substance abuse.

 

     (b) The reason for the petitioner's belief that because of the

 

substance abuse the respondent is incapacitated and that the

 

petitioner believes that 1 or more of the following are true:

 

     (i) That the respondent has inflicted or is likely to inflict

 

physical harm on himself or herself or others unless admitted.

 

     (ii) That the respondent's refusal to voluntarily receive care

 

is based on judgment so impaired by reason of substance abuse that

 

the respondent is incapable of appreciating his or her need for

 

care and of making a rational decision regarding that need for

 

care.

 

     (c) Whether the respondent has refused to submit voluntarily

 

to an assessment.

 

     (3) An individual meets the criteria for involuntary admission

 

if there is good faith reason to believe that the individual is

 

engaging in substance abuse, is incapacitated, and because of the

 

substance abuse has lost the power of self-control with respect to

 

substance use and meets either of the following criteria:

 

     (a) Has inflicted, threatened or attempted to inflict, or

 

unless admitted is likely to inflict physical harm on himself or

 

herself or another.

 

     (b) Is in need of substance abuse treatment and rehabilitation

 

services and, by reason of substance abuse, his or her judgment has

 

been so impaired that the individual is incapable of appreciating

 

his or her need for substance abuse treatment and rehabilitation

 

services and of making a rational decision in regard to substance

 

abuse treatment and rehabilitation services. However, the mere

 

refusal to receive substance abuse treatment and rehabilitation

 

services does not constitute evidence of lack of judgment with

 

respect to his or her need for substance abuse treatment and

 

rehabilitation services.

 

     (4) Upon receipt and filing of a petition for the involuntary

 

assessment and stabilization by the clerk of the court, the court

 

shall do all of the following:

 

     (a) Ascertain whether the respondent is represented by an

 

attorney and, if not, whether, on the basis of the petition, an

 

attorney should be appointed. If determined appropriate, the court

 

shall appoint an attorney to represent the respondent.

 

     (b) Provide a copy of the petition and notice of hearing to

 

all of the following:

 

     (i) The respondent.

 

     (ii) The respondent's attorney, if known.

 

     (iii) The petitioner.

 

     (iv) The respondent's spouse, if applicable.

 

     (v) Any other person as the court may direct.

 

     (c) Do 1 of the following:

 

     (i) Issue a summons to the respondent and conduct a hearing

 

within 10 days. If after a hearing the court determines it

 

appropriate, the court shall enter an order authorizing the

 

involuntary assessment and stabilization of the respondent.

 

     (ii) Without the appointment of an attorney and relying solely

 

on the contents of the petition, enter an ex parte order

 

authorizing the involuntary assessment and stabilization of the

 

respondent.

 

     (5) Upon the court's order authorizing the involuntary

 

assessment and stabilization of the respondent, the respondent

 

shall be taken into protective custody as provided in section 6501.

 

     (6) As used in this section, "court" means the probate court

 

for the county in which the respondent, for whom a request for

 

substance abuse involuntary assessment has been made, either

 

resides or is found.

 

     Sec. 6502. (1) An individual who is taken to an approved

 

service program or emergency medical service pursuant to section

 

6501(1) shall continue to be in protective custody and shall be

 

examined by a licensed physician or his or her designated

 

representative as soon as possible, but not longer than 8 hours.

 

The licensed physician or designated representative may conduct a

 

chemical test to determine the amount of alcohol or other drugs in

 

the bloodstream of the individual. The physician or designated

 

representative shall inform the individual of his or her right to

 

such a 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 shall not be 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.