2023 House Bill 5114

Mental health: code; definition of mental health professional; expand to include physician assistants, certified nurse practitioners, and clinical nurse specialists-certified, and allow them to perform certain examinations.

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 100a, 100b, 100c, 281b, 400, 420, 423, 425, 426, 427, 429, 430, 434, 435, 438, 452, 461, 463, 498o, 517, 532, 700, 740, and 742 (MCL 330.1100a, 330.1100b, 330.1100c, 330.1281b, 330.1400, 330.1420, 330.1423, 330.1425, 330.1426, 330.1427, 330.1429, 330.1430, 330.1434, 330.1435, 330.1438, 330.1452, 330.1461, 330.1463, 330.1498o, 330.1517, 330.1532, 330.1700, 330.1740, and 330.1742), sections 100a and 100b as amended by 2020 PA 402, section 100c as amended by 2020 PA 285, section 281b as added by 2014 PA 200, sections 400 and 420 as amended by 2018 PA 595, sections 423, 425, 427, and 463 as amended by 2016 PA 320, sections 426, 429, and 438 as amended by 2022 PA 214, sections 430, 498o, 700, and 740 as amended by 1995 PA 290, sections 434, 435, 452, and 461 as amended by 2018 PA 593, sections 517 and 532 as amended by 2018 PA 596, and section 742 as amended by 2004 PA 527.

House Fiscal Agency Analysis

House Bill 5114 would amend the Mental Health Code to include additional professions in the definition of mental health professional, as used throughout the act, and to allow those professionals to conduct certain examinations and tasks related to court-ordered treatment decisions or determinations related to the imposition of restraint or seclusion. Mental health professional means an individual who is trained and experienced in the area of mental illness or developmental disabilities and is one of the following as authorized under the Public Health Code: • A physician. • A psychologist. • A licensed or authorized registered professional nurse. • A licensed master’s social worker. • A licensed professional counselor. • A marriage and family therapist. The bill would add the following to the above list of qualifying professions: • Physician assistant. • Certified nurse practitioner. • Clinical nurse specialist-certified.