HOUSE BILL NO. 4057

January 28, 2021, Introduced by Reps. Anthony and Calley 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; and to repeal acts and parts of acts.

the people of the state of michigan enact:

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

(a) "Authorized licensed practitioner" means a physician assistant or nurse practitioner.

(b) "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.

(c) (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.

(d) "Debrief" means a discussion of the incident specifics following a restraint or seclusion event. Debrief includes details of the pre-incident circumstances, the intervention method employed and the incident's outcome.

(e) (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.

(f) (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.

(g) (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.

(h) "Less restrictive therapeutic intervention" means