March 30, 2006, Introduced by Reps. Leland, Tobocman, Meisner, Kolb, Anderson, Mortimer, Sheltrown, Alma Smith, Vagnozzi, Donigan, Plakas, Farrah, Gleason, Cushingberry and Zelenko and referred to the Committee on Health Policy.
A bill to amend 1974 PA 258, entitled
"Mental health code,"
by amending section 104 (MCL 330.1104), as amended by 1986 PA 287.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 104. (1) The head of the department is the director of
mental health as provided in section 401 of the executive
organization
act of 1965, Act No. 380 of the Public Acts of 1965,
being
section 16.501 of the Michigan Compiled Laws 1965 PA 380,
MCL 16.501.
(2) All executive authority of and within the department is
vested
in the director, who may delegate such that authority
as
he or she considers necessary or appropriate. Any authority that
has by law been vested in any entity owned or operated by the
department, or any employee of the department is exercisable by the
director at his or her option. The director shall delegate
authority for clinical decisions to appropriately trained clinical
professionals.
This subsection shall apply applies to each
chapter
of the mental health code this act.
(3) The director shall appoint a medical director of mental
health services who is an appropriately credentialed psychiatrist.
The medical director shall do all of the following:
(a) Advise the director on mental health policy and treatment
issues.
(b) Serve as a resource on mental health clinical matters to
all divisions within the department, other state departments, and
the mental health field.
(c) Promote the use of mental health care and treatment best
practices that have been experimentally or experientially proven.
(4) (3)
Clinical psychiatric decisions regarding the
admission, treatment, and discharge of psychiatric patients in
state mental hospitals shall be made by qualified state hospital
physicians or appropriately credentialed psychiatrists granted
state
hospital staff privileges pursuant to under section 245.