HOUSE BILL No. 5982


     April 30, 2002, Introduced by Rep. Wojno and referred to the Committee on Criminal Justice.


        A bill to amend 1974 PA 258, entitled

   "Mental health code,"

   by amending section 746 (MCL 330.1746) and by adding section

   747.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             Sec. 746.  (1) A complete record shall be kept current for

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        each recipient of mental health services.  The record shall at

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        least include information pertinent to the services provided to

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        the recipient, pertinent to the legal status of the recipient,

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        required by this chapter or other provision of law, and required

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        by rules or policies.

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             (2) The material in the record  shall be  IS confidential to

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        the extent it is made confidential by  section  SECTIONS 747 AND

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        748.




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             SEC. 747.  (1) IF A MENTAL HEALTH PROFESSIONAL HAS TREATED A

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        PATIENT WHO IS A MINOR AND IS THE HOLDER OF MENTAL HEALTH RECORDS

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        OR OTHER MENTAL HEALTH CARE INFORMATION PERTAINING TO THE MINOR,

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        IF A PARENT OF THE MINOR PATIENT IS PROHIBITED BY A PERSONAL PRO-

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        TECTION ORDER ISSUED UNDER SECTION 2950 OR 2950A OF THE REVISED

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        JUDICATURE ACT OF 1961, 1961 PA 236, MCL 600.2950 AND 600.2950A,

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        FROM HAVING ACCESS TO INFORMATION IN RECORDS CONCERNING THE MINOR

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        THAT WILL INFORM THE PARENT ABOUT THE MINOR'S OR OTHER PARENT'S

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        ADDRESS OR TELEPHONE NUMBER OR THE OTHER PARENT'S EMPLOYMENT

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        ADDRESS, AND IF THE MENTAL HEALTH PROFESSIONAL HAS RECEIVED A

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        COPY OF THE PERSONAL PROTECTION ORDER, THE MENTAL HEALTH PROFES-

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        SIONAL SHALL NOT RELEASE THAT INFORMATION TO THE PARENT WHO IS

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        SUBJECT TO THE PERSONAL PROTECTION ORDER UNLESS THAT ORDER

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        EXPIRES OR THE MENTAL HEALTH PROFESSIONAL RECEIVES A COPY OF A

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        NEW OR MODIFIED COURT ORDER PERMITTING ACCESS TO THE

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        INFORMATION.

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             (2) IF A FACILITY, LICENSED FACILITY, PSYCHIATRIC HOSPITAL,

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        OR CENTER IN WHICH A MINOR HAS RECEIVED HEALTH CARE TREATMENT OR

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        SERVICES IS THE HOLDER OF MENTAL HEALTH RECORDS OR OTHER MENTAL

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        HEALTH CARE INFORMATION PERTAINING TO THE MINOR, IF A PARENT OF

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        THE MINOR PATIENT IS PROHIBITED BY A PERSONAL PROTECTION ORDER

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        ISSUED UNDER SECTION 2950 OR 2950A OF THE REVISED JUDICATURE ACT

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        OF 1961, 1961 PA 236, MCL 600.2950 AND 600.2950A, FROM HAVING

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        ACCESS TO INFORMATION IN RECORDS CONCERNING THE MINOR THAT WILL

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        INFORM THE PARENT ABOUT THE MINOR'S OR OTHER PARENT'S ADDRESS OR

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        TELEPHONE NUMBER OR THE OTHER PARENT'S EMPLOYMENT ADDRESS, AND IF

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        THE FACILITY, LICENSED FACILITY, PSYCHIATRIC HOSPITAL, OR CENTER



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        HAS RECEIVED A COPY OF A PERSONAL PROTECTION ORDER, THE FACILITY,

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        LICENSED FACILITY, PSYCHIATRIC HOSPITAL, OR CENTER SHALL NOT

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        RELEASE THAT INFORMATION TO THE PARENT WHO IS SUBJECT TO THE PER-

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        SONAL PROTECTION ORDER UNLESS THAT ORDER EXPIRES OR THE FACILITY,

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        LICENSED FACILITY, PSYCHIATRIC HOSPITAL, OR CENTER RECEIVES A

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        COPY OF A NEW OR MODIFIED COURT ORDER PERMITTING ACCESS TO THE

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        INFORMATION.

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             (3) A MENTAL HEALTH PROFESSIONAL, FACILITY, LICENSED FACILI-

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        TY, PSYCHIATRIC HOSPITAL, OR CENTER THAT MAKES A REASONABLE

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        EFFORT TO COMPLY WITH SUBSECTION (1) OR (2) IS NOT CIVILLY OR

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        CRIMINALLY LIABLE OR SUBJECT TO A REMEDY OR PENALTY AVAILABLE IN

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        THIS ACT FOR FAILURE TO COMPLY WITH SUBSECTION (1) OR (2).

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             (4) A HOLDER OF MENTAL RECORDS OR OTHER MENTAL HEALTH CARE

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        INFORMATION PERTAINING TO THE MINOR MAY CHARGE THE PERSON MAKING

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        THE REQUEST FOR RECORDS A REASONABLE AMOUNT TO REDACT INFORMATION

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        IN THE REQUESTED MENTAL HEALTH RECORDS OR INFORMATION.

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             Enacting section 1.  This amendatory act takes effect

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        July 1, 2002.





















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