SENATE BILL NO. 398

A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending sections 6230 and 6234 (MCL 333.6230 and 333.6234), as added by 2012 PA 501.

the people of the state of michigan enact:

Sec. 6230. As used in this part:

(a) "Department" means the department of licensing and regulatory affairs.

(b) "Director" means the director of the department or his or her the director's designee.

(c) "Mobile unit" means a mobile unit assigned to the location of a substance use disorder services program that supervises and administers the mobile unit.

(d) (c) "Substance use disorder services" means substance use disorder prevention services or substance use disorder treatment and rehabilitation services, or both, as those terms are defined in section 100d of the mental health code, 1974 PA 258, MCL 330.1100d.

Sec. 6234. (1) The department may promulgate rules under the administrative procedures act of 1969 for the administration of this part and the licensing of substance use disorder services programs under this part. Rules promulgated under former section 6231 relating to the licensing of substance use disorder services programs remain effective and applicable on and after the effective date of this section until rules are promulgated by the department under this section.

(2) Beginning January 1, 2026, the department shall not promulgate or enforce a rule that does any of the following:

(a) Requires any of the following as a condition of licensure for a mobile unit:

(i) That the substance use disorder services program supervising and administering the mobile unit provide the treatment or rehabilitation services offered in the mobile unit.

(ii) If the mobile unit offers methadone treatment, that the mobile unit return each night to the location specified on the mobile unit's license.

(b) Places a restriction on the total number of mobile units that a substance use disorder services program may supervise and administer.

(c) Requires an individual to have a documented opioid use disorder for 1 year or more as a condition to receiving treatment from a substance use disorder services program offering methadone treatment.

(d) Requires a health professional who is licensed, registered, or otherwise authorized under article 15 to engage in a health profession to document the medical necessity for an individual's continued treatment in a substance use disorder services program offering methadone treatment.

(e) Requires that, as a goal or objective of a substance use disorder services program, an individual discontinue the use of a medication for opioid use disorder.

(f) Authorizes a substance use disorder services program to discharge an individual from treatment for the individual's failure to participate in ancillary services and counseling.