HB-4793, As Passed House, April 26, 2016HB-4793, As Passed Senate, April 26, 2016

SUBSTITUTE FOR

HOUSE BILL NO. 4793

     A bill to amend 1974 PA 258, entitled

"Mental health code,"

by amending section 434 (MCL 330.1434), as amended by 1995 PA 290.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 434. (1) Any individual 18 years of age or over may file

with the court a petition that asserts that an individual is a

person requiring treatment as defined in section 401.

     (2) The petition shall contain the facts that are the basis

for the assertion, the names and addresses, if known, of any

witnesses to the facts, and, if known, the name and address of the

nearest relative or guardian, or, if none, a friend, if known, of

the individual.

     (3) The petition shall be accompanied by the clinical

certificate of a physician or a licensed psychologist, unless after

reasonable effort the petitioner could not secure an examination.

If a clinical certificate does not accompany the petition, an

affidavit setting forth the reasons an examination could not be

secured shall also be filed. The petition may also be accompanied

by a second clinical certificate. If 2 clinical certificates

accompany the petition, at least 1 clinical certificate shall have

been executed by a psychiatrist.

     (4) Except as otherwise provided in section 455, a clinical

certificate that accompanies a petition shall have been executed

within 72 hours before the filing of the petition, and after

personal examination of the individual.

     (5) If the individual is found not to be a person requiring

treatment under this section, the petition and any clinical

certificate shall be maintained by the court as a confidential

record to prevent disclosure to any person who is not specifically

authorized under this chapter to receive notice of the petition or

clinical certificate.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.