Bill Text: MI SB0349 | 2013-2014 | 97th Legislature | Introduced


Bill Title: Mental health; other; mental health records and information sharing with national instant criminal background check system (NICS); require. Amends sec. 748 of 1974 PA 258 (MCL 330.1748).

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced - Dead) 2013-05-02 - Referred To Committee On Judiciary [SB0349 Detail]

Download: Michigan-2013-SB0349-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 349

 

 

May 2, 2013, Introduced by Senators GREEN, HILDENBRAND, ROBERTSON, MARLEAU, JONES and BRANDENBURG and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1974 PA 258, entitled

 

"Mental health code,"

 

by amending section 748 (MCL 330.1748), as amended by 1998 PA 497.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 748. (1) Information in the record of a recipient, and

 

other information acquired in the course of providing mental health

 

services to a recipient, shall be kept confidential and shall not

 

be open to public inspection. The information may be disclosed

 

outside the department, community mental health services program,

 

licensed facility, or contract provider, whichever is the holder of

 

the record, only in the circumstances and under the conditions set

 

forth in this section or section 748a.

 

     (2) If information made confidential by this section is

 

disclosed, the identity of the individual to whom it pertains shall

 

be protected and shall not be disclosed unless it is germane to the


 

authorized purpose for which disclosure was sought. ; and, when

 

When practicable, no other information shall be disclosed unless it

 

is germane to the authorized purpose for which disclosure was

 

sought.

 

     (3) An individual receiving information made confidential by

 

this section shall disclose the information to others only to the

 

extent consistent with the authorized purpose for which the

 

information was obtained.

 

     (4) For case record entries made subsequent to March 28, 1996,

 

information made confidential by this section shall be disclosed to

 

an adult recipient, upon the recipient's request, if the recipient

 

does not have a guardian and has not been adjudicated legally

 

incompetent. The holder of the record shall comply with the adult

 

recipient's request for disclosure as expeditiously as possible but

 

in no event later than the earlier of 30 days after receipt of the

 

request or, if the recipient is receiving treatment from the holder

 

of the record, before the recipient is released from treatment.

 

     (5) Except as otherwise provided in this section or section

 

748a, when requested, information made confidential by this section

 

shall be disclosed only under 1 or more of the following

 

circumstances:

 

     (a) Pursuant According to an order or a subpoena of a court of

 

record or a subpoena of the legislature, unless the information is

 

privileged by law.

 

     (b) To a prosecuting attorney as necessary for the prosecuting

 

attorney to participate in a proceeding governed by this act.

 

     (c) To an attorney for the recipient, with the consent of the


 

recipient, the recipient's guardian with authority to consent, or

 

the parent with legal and physical custody of a minor recipient.

 

     (d) If necessary in order to comply with another provision of

 

law.

 

     (e) To the department if the information is necessary in order

 

for the department to discharge a responsibility placed upon it by

 

law.

 

     (f) To the office of the auditor general if the information is

 

necessary for that office to discharge its constitutional

 

responsibility.

 

     (g) To a surviving spouse of the recipient or, if there is no

 

surviving spouse, to the individual or individuals most closely

 

related to the deceased recipient within the third degree of

 

consanguinity as defined in civil law, for the purpose of applying

 

for and receiving benefits.

 

     (h) To the national instant criminal background check system,

 

in accordance with federal law, information relating to eligibility

 

to receive or possess a firearm according to state or federal law.

 

     (6) Except as otherwise provided in subsection (4), if consent

 

is obtained from the recipient, the recipient's guardian with

 

authority to consent, the parent with legal custody of a minor

 

recipient, or the court-appointed personal representative or

 

executor of the estate of a deceased recipient, information made

 

confidential by this section may be disclosed to all of the

 

following:

 

     (a) A provider of mental health services to the recipient.

 

     (b) The recipient or his or her guardian or the parent of a


 

minor recipient or another individual or agency unless in the

 

written judgment of the holder the disclosure would be detrimental

 

to the recipient or others.

 

     (7) Information may be disclosed in the discretion of the

 

holder of the record under 1 or more of the following

 

circumstances:

 

     (a) As necessary in order for the recipient to apply for or

 

receive benefits.

 

     (b) As necessary for the purpose of outside research,

 

evaluation, accreditation, or statistical compilation. The

 

individual who is the subject of the information shall not be

 

identified in the disclosed information unless the identification

 

is essential in order to achieve the purpose for which the

 

information is sought or if preventing the identification would

 

clearly be impractical, but not if the subject of the information

 

is likely to be harmed by the identification.

 

     (c) To a provider of mental or other health services or a

 

public agency, if there is a compelling need for disclosure based

 

upon a substantial probability of harm to the recipient or other

 

individuals.

 

     (8) If required by federal law, the department or a community

 

mental health services program or licensed facility shall grant a

 

representative of the protection and advocacy system designated by

 

the governor in compliance with section 931 access to the records

 

of all of the following:

 

     (a) A recipient, if the recipient, the recipient's guardian

 

with authority to consent, or a minor recipient's parent with legal


 

and physical custody of the recipient has consented to the access.

 

     (b) A recipient, including a recipient who has died or whose

 

location is unknown, if all of the following apply:

 

     (i) Because of mental or physical condition, the recipient is

 

unable to consent to the access.

 

     (ii) The recipient does not have a guardian or other legal

 

representative, or the recipient's guardian is the state.

 

     (iii) The protection and advocacy system has received a

 

complaint on behalf of the recipient or has probable cause to

 

believe based on monitoring or other evidence that the recipient

 

has been subject to abuse or neglect.

 

     (c) A recipient who has a guardian or other legal

 

representative if all of the following apply:

 

     (i) A complaint has been received by the protection and

 

advocacy system or there is probable cause to believe the health or

 

safety of the recipient is in serious and immediate jeopardy.

 

     (ii) Upon receipt of the name and address of the recipient's

 

legal representative, the protection and advocacy system has

 

contacted the representative and offered assistance in resolving

 

the situation.

 

     (iii) The representative has failed or refused to act on behalf

 

of the recipient.

 

     (9) The records, data, and knowledge collected for or by

 

individuals or committees assigned a peer review function,

 

including the review function under section 143a(1), are

 

confidential, shall be used only for the purposes of peer review,

 

are not public records, and are not subject to court subpoena. This


 

subsection does not prevent disclosure of individual case records

 

pursuant to under this section.

 

     (10) The holder of an individual's record, if authorized to

 

release information for clinical purposes by the individual or the

 

individual's guardian or a parent of a minor, shall release a copy

 

of the entire medical and clinical record to the provider of mental

 

health services.

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