HOUSE BILL No. 4718

 

 

June 13, 2019, Introduced by Reps. Anthony, Love, Liberati, Haadsma, Calley, Chirkun, Cambensy, Gay-Dagnogo, Tyrone Carter, Garrett and Jones and referred to the Committee on Health Policy.

 

     A bill to amend 1974 PA 258, entitled

 

"Mental health code,"

 

by amending sections 700 and 740 (MCL 330.1700 and 330.1740), as

 

amended by 1995 PA 290.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 700. As used in this chapter, unless the context requires

 

otherwise:

 

     (a) "Chemical restraint" means a drug that is used for

 

discipline or convenience and is not required to treat a diagnosed

 

medical symptom. Chemical restraint may include a drug that is

 

administered to manage a resident's behavior in a way that reduces

 

the safety risk to the resident or others; a drug that has the

 

temporary effect of restricting the resident's freedom of movement;

 


or a drug that is not a standard treatment for the resident's

 

medical or psychiatric condition. As used in this subdivision:

 

     (i) "Convenience" means an action taken to control a

 

resident's behavior with a lesser amount of effort and not in the

 

resident's best interest.

 

     (ii) "Discipline" means an action taken to punish or penalize

 

a resident.

 

     (iii) "Medical symptom" means an indication or characteristic

 

of a physical or psychological condition.

 

     (b) (a) "Criminal abuse" means 1 or more of the following:

 

     (i) An assault that is a violation or an attempt or conspiracy

 

to commit a violation of sections 81 to 90 of the Michigan penal

 

code, Act No. 328 of the Public Acts of 1931, being sections 750.81

 

to 750.90 of the Michigan Compiled Laws. 1931 PA 328, MCL 750.81 to

 

750.90. Criminal abuse does not include an assault or an assault

 

and battery that is a violation of section 81 of Act No. 328 of the

 

Public Acts of 1939, being section 750.81 of the Michigan Compiled

 

Laws, and the Michigan penal code, 1931 PA 328, MCL 750.81, that

 

is committed by a recipient against another recipient.

 

     (ii) A criminal homicide that is a violation or an attempt or

 

conspiracy to commit a violation of section 316, 317, or 321 of Act

 

No. 328 of the Public Acts of 1931, being sections 750.316,

 

750.317, and 750.321 of the Michigan Compiled Laws the Michigan

 

penal code, 1931 PA 328, MCL 750.316, 750.317, and 750.321.

 

     (iii) Criminal sexual conduct that is a violation or an

 

attempt or conspiracy to commit a violation of sections 520b to

 

520e or 520g of Act No. 328 of the Public Acts of 1931, being


sections 750.520b to 750.520e and 750.520g of the Michigan Compiled

 

Laws the Michigan penal code, 1931 PA 328, MCL 750.520b to 750.250e

 

and 750.520g.

 

     (iv) Vulnerable adult abuse that is a violation or an attempt

 

or conspiracy to commit a violation of section 145n of the Michigan

 

penal code, Act No. 328 of the Public Acts of 1931, being section

 

750.145n of the Michigan Compiled Laws 1931 PA 328, MCL 750.145n.

 

     (v) Child abuse that is a violation or an attempt or

 

conspiracy to commit a violation of section 136b of Act No. 328 of

 

the Public Acts of 1931, being section 750.136b of the Michigan

 

Compiled Laws the Michigan penal code, 1931 PA 328, MCL 750.136b.

 

     (c) (b) "Health care corporation" means a nonprofit health

 

care corporation operating under the nonprofit health care

 

corporation reform act, Act No. 350 of the Public Acts of 1980,

 

being sections 550.1101 to 550.1704 of the Michigan Compiled Laws

 

1980 PA 350, MCL 550.1101 to 550.1704.

 

     (d) (c) "Health care insurer" means an insurer authorized to

 

provide health insurance in this state or a legal entity that is

 

self-insured and provides health care benefits to its employees.

 

     (e) (d) "Health maintenance organization" means an

 

organization licensed under part 210 of the public health code, Act

 

No. 368 of the Public Acts of 1978, being sections 333.21001 to

 

333.21098 of the Michigan Compiled Laws that term as defined in

 

section 3501 of the insurance code of 1956, 1956 PA 218, MCL

 

500.3501.

 

     (f) (e) "Money" means any legal tender, note, draft,

 

certificate of deposit, stock, bond, check, or credit card.


     (g) (f) "Nonprofit dental care corporation" means a dental

 

care corporation incorporated under Act No. 125 of the Public Acts

 

of 1963, being sections 550.351 to 550.373 of the Michigan Compiled

 

Laws 1963 PA 125, MCL 550.351 to 550.373.

 

     (h) (g) "Person-centered planning" means a process for

 

planning and supporting the individual receiving services that

 

builds upon the individual's capacity to engage in activities that

 

promote community life and that honors the individual's

 

preferences, choices, and abilities. The person-centered planning

 

process involves families, friends, and professionals as the

 

individual desires or requires.

 

     (i) (h) "Privileged communication" means a communication made

 

to a psychiatrist or psychologist in connection with the

 

examination, diagnosis, or treatment of a patient, or to another

 

person while the other person is participating in the examination,

 

diagnosis, or treatment or a communication made privileged under

 

other applicable state or federal law.

 

     (j) (i) "Restraint" means the use of a physical device to

 

restrict an individual's movement. Restraint includes chemical

 

restraint or restraint or control by means of a drug not required

 

to treat a diagnosed medical symptom. Restraint does not include

 

the use of a device primarily intended to provide anatomical

 

support. As used in this subdivision, "medical symptom" means an

 

indication or characteristic or a physical or psychological

 

condition.

 

     (k) (j) "Seclusion" means the temporary placement of a

 

recipient in a room, alone, where egress is prevented by any means.


     (l) (k) "Support plan" means a written plan that specifies the

 

personal support services or any other supports that are to be

 

developed with and provided for a recipient.

 

     (m) (l) "Treatment plan" means a written plan that specifies

 

the goal-oriented treatment or training services, including

 

rehabilitation or habilitation services, that are to be developed

 

with and provided for a recipient.

 

     Sec. 740. (1) A resident shall not be placed in physical

 

restraint or chemical restraint shall not be administered except in

 

the circumstances and under the conditions set forth in this

 

section or in other law.

 

     (2) A resident may be restrained only as provided in

 

subsection (3), (4), or (5) after less restrictive interventions

 

have been considered, and only if restraint is essential in order

 

to prevent the resident from physically harming himself, herself,

 

or others, or in order to prevent him or her from causing

 

substantial property damage. Consideration of less restrictive

 

measures shall must be documented in the medical record. If

 

restraint is essential in order to prevent the resident from

 

physically harming himself, herself, or others, the resident may be

 

physically held with no more force than is necessary to limit the

 

resident's movement, until a restraint may be applied.

 

     (3) A resident may be temporarily restrained for a maximum of

 

30 minutes without an order or authorization in an emergency.

 

Immediately after imposition of the temporary restraint, a

 

physician shall must be contacted. If, after being contacted, the

 

physician does not order or authorize the restraint, the restraint


shall must be removed.

 

     (4) A resident may be restrained prior to before examination

 

pursuant according to an authorization by a physician. An

 

authorized restraint may continue only until a physician can

 

personally examine the resident or for 2 hours, whichever is less.

 

If it is not possible for the physician to examine the resident

 

within 2 hours, a physician may reauthorize the restraint for

 

another 2 hours. Authorized restraint may not continue for more

 

than 4 hours.

 

     (5) A resident may be restrained pursuant according to an

 

order by a physician made after personal examination of the

 

resident. An ordered restraint shall continue only for that period

 

of time specified in the order or for 8 hours, whichever is less.

 

     (6) A restrained resident shall continue to receive food,

 

shall be kept in sanitary conditions, shall be clothed or otherwise

 

covered, shall be given access to toilet facilities, and shall be

 

given the opportunity to sit or lie down.

 

     (7) Restraints shall A restraint must be removed every 2 hours

 

for not less than 15 minutes unless medically contraindicated or

 

whenever they are the restraint is no longer essential in order to

 

achieve the objective which that justified their the initial

 

application of the restraint. Physical restraint and chemical

 

restraint shall not be used at the same time on a resident.

 

Chemical restraint shall be applied only after physical restraint

 

has been attempted and was unsuccessful.

 

     (8) Each instance of restraint requires full justification for

 

its application, and the results of each periodic examination shall


be placed promptly in the record of the resident.

 

     (9) If a resident is restrained repeatedly, the resident's

 

individual plan of services shall be reviewed and modified to

 

facilitate the reduction of the use of restraints.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.