SB-1142, As Passed Senate, May 9, 2006
March 14, 2006, Introduced by Senators SCOTT, PRUSI, GEORGE, CLARKE, KUIPERS, GARCIA, BARCIA and SCHAUER and referred to the Committee on Economic Development, Small Business and Regulatory Reform.
A bill to amend 1974 PA 258, entitled
"Mental health code,"
by amending sections 138, 140, and 146 (MCL 330.1138, 330.1140, and
330.1146), section 138 as amended by 1995 PA 290.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 138. Before the issuance of an original or biennial
license, a psychiatric hospital, psychiatric unit, or psychiatric
partial
hospitalization program shall be inspected by the state
fire
marshal, or his or her designated representative bureau of
fire services created in section 1b of the fire prevention code,
1941
PA 207, MCL 29.1b. A
license shall not be issued until the
state
fire marshal bureau of fire
services approves the hospital
or unit.
Senate Bill No. 1142 as amended May 9, 2006
Sec.
140. The director or the state fire marshal bureau of
fire services created in section 1b of the fire prevention code,
1941 PA 207, MCL 29.1b, or their designated representatives may
enter upon the premises of an applicant or licensee at a reasonable
time for the purpose of determining whether the applicant or
licensee meets the requirements of sections 134 through 150.
Sec.
146. A person aggrieved by a decision of the director or
state
fire marshal bureau of fire
services created in section 1b
of the fire prevention code, 1941 PA 207, MCL 29.1b, may appeal to
the circuit court, requesting an order reversing the decision. The
appeal shall be based upon the whole record, and the circuit court
shall consider whether the decision is authorized by law and
supported by competent evidence.
<<Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 93rd Legislature are enacted
into law:
(a) Senate Bill No. 1133.
(b) House Bill No. 5860.>>