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.
Senate Bill No. 28 seeks to amend the 1974 PA 258, known as the "Mental Health Code," specifically targeting sections 700 and 740, last amended in 1995. This bill proposes significant updates to enhance the protection and care of individuals receiving mental health services, focusing on the use, regulations, and definitions concerning chemical restraints, the identification of criminal abuse, and the establishment of debriefing procedures following the use of restraint or seclusion. It emphasizes that restraint or seclusion should only be used to ensure immediate physical safety, must be discontinued as soon as the threat ceases, and details the conditions, procedures, and time limits for their use, including the prohibition of prone immobilization unless medically necessary. The bill also mandates that a restrained or secluded resident must be seen and assessed by a responsible physician or licensed practitioner within 24 hours, ensures the continuation of basic human needs and dignity during restraint or seclusion, requires debriefing after each instance to minimize negative effects and prevent future occurrences, and mandates the review and modification of the resident's individual plan of services if restraint or seclusion is used repeatedly. Additionally, it suggests the repeal of certain acts and parts of acts related to these matters and specifies that the amendatory act takes effect 90 days after enactment.
Co-sponsored by Sens.
Referred to the Committee on Health Policy
