| 1 | 1 | | SENATE BILL NO. 142 A bill to amend 1974 PA 258, entitled "Mental health code," by amending sections 100d and 756 (MCL 330.1100d and 330.1756), section 100d as amended by 2022 PA 214 and section 756 as added by 1995 PA 290. the people of the state of michigan enact: Sec. 100d. (1) "Security transport officer" means an officer employed by a private security company under contract with a county under section 170. (2) "Service" means a mental health service or a substance use disorder service. (3) "Serious emotional disturbance" means a diagnosable mental, behavioral, or emotional disorder affecting a minor that exists or has existed during the past year for a period of time sufficient to meet the diagnostic criteria specified in the most recent Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association and approved by the department, and that has resulted in a functional impairment that substantially interferes with or limits the minor's role or functioning in family, school, or community activities. The following disorders are included only if they occur in conjunction with another diagnosable serious emotional disturbance: (a) A substance use disorder. (b) A developmental disorder. (c) "V" codes in the Diagnostic and Statistical Manual of Mental Disorders. (4) "Serious mental illness" means a diagnosable mental, behavioral, or emotional disorder affecting an adult that exists or has existed within the past year for a period of time sufficient to meet the diagnostic criteria specified in the most recent Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association and approved by the department, and that has resulted in a functional impairment that substantially interferes with or limits 1 or more major life activities. Serious mental illness includes dementia with delusions, dementia with depressed mood, and dementia with behavioral disturbance. Serious mental illness does not include any other dementia unless the dementia occurs in conjunction with another diagnosable serious mental illness. The following disorders also are included only if they occur in conjunction with another diagnosable serious mental illness: (a) A substance use disorder. (b) A developmental disorder. (c) A "V" code in the Diagnostic and Statistical Manual of Mental Disorders. (5) "Special compensation" means payment to an adult foster care facility to ensure the provision of a specialized program in addition to the basic payment for adult foster care. Special compensation does not include payment received directly from the Medicaid program for personal care services for a resident, or payment received under the supplemental security income program. (6) "Specialized program" means a program of services, supports, or treatment that are provided in an adult foster care facility to meet the unique programmatic needs of individuals with serious mental illness or developmental disability as set forth in the a resident's individual plan of services and for which the adult foster care facility receives special compensation. (7) "Specialized residential service" means a combination of residential care and mental health services that are expressly designed to provide rehabilitation and therapy to a recipient, that are provided in the recipient's residence, and that are part of a comprehensive individual plan of services. (8) "State administered funds" means revenues appropriated by the legislature exclusively for the purposes provided for in regard to substance use disorder services and prevention. (9) "State facility" means a center or a hospital. operated by the department. (10) "State recipient rights advisory committee" means a the committee appointed by the director under section 756 to advise that advises the director and the director of the department's state office of recipient rights. (11) "Substance abuse" means the taking use of alcohol or other drugs at dosages that place an individual's social, economic, psychological, and physical welfare in potential hazard danger or to the extent that an individual loses the power of self-control as a result of the use of alcohol or drugs, or while habitually under the influence of alcohol or drugs, endangers public health, morals, safety, or welfare, or a combination thereof. (12) "Substance use disorder" means a chronic disorder in which the repeated use of alcohol, drugs, or both, results in significant and adverse consequences. Substance use disorder includes substance abuse. (13) "Substance use disorder prevention services" means services that are intended to reduce the consequences of substance use disorders in communities by preventing or delaying the onset of substance abuse and that are intended to reduce the progression of substance use disorders in individuals. Substance use disorder prevention is an ordered set of steps that promotes individual, family, and community health, prevents mental and behavioral disorders, supports resilience and recovery, and reinforces treatment principles to prevent relapse. (14) "Substance use disorder treatment and rehabilitation services" means providing identifiable recovery-oriented services including the following: (a) Early intervention and crisis intervention counseling services for individuals who are current or former individuals with a current or former substance use disorder. (b) Referral services for individuals with a substance use disorder, their the individuals' families, and the general public. (c) Planned treatment services, including chemotherapy, counseling, or rehabilitation for individuals who are physiologically or psychologically dependent upon on or abusing alcohol or drugs. (15) "Supplemental security income" means the program authorized under title XVI of the social security act, 42 USC 1381 to 1383f. (16) "Telemedicine" means the use of an electronic media to link patients with health care professionals in different locations. To be considered telemedicine under this section, subsection, the health care professional must be able to examine the patient via a health insurance portability and accountability act of 1996, Public Law 104-191 compliant, secure interactive audio or video, or both, telecommunications system, or through the use of store and forward online messaging. (17) "Transfer facility" means a facility selected by the a department-designated community mental health entity , which facility that is physically located in a jail or lockup and is staffed by at least 1 designated representative when in use according to chapter 2A. (18) "Transition services" means a coordinated set of activities for a special education student designed within an outcome-oriented process that promotes movement from school to postschool activities, including postsecondary education, vocational training, integrated employment including supported employment, continuing and adult education, adult services, independent living, or and community participation. (19) "Treatment" means care, diagnostic , and therapeutic services, including the administration of drugs, and any other service for treatment of an individual's serious mental illness, serious emotional disturbance, or substance use disorder. (20) "Urgent situation" means a situation in which an individual is determined to be at risk of experiencing an emergency situation in the near future if he or she the individual does not receive care, treatment, or support services. (21) "Wraparound services" means an individually designed set of services provided to minors a minor with serious emotional disturbance or serious mental illness and their families and the minor's family that includes treatment services and personal support services or any other supports necessary to foster education preparedness, employability, and preservation of the child minor in the family home. Wraparound services are to be developed through an interagency collaborative approach. and a A minor's parent or guardian and a the minor, if age 14 or older, are to shall participate in planning the wraparound services. Sec. 756. (1) The Subject to subsections (2) and (3), the director shall appoint a 12-member 12 members to a 15-member state recipient rights advisory committee. The Subject to subsections (2) and (3), the membership of the state recipient rights advisory committee shall must be broadly based so as to best represent the varied perspectives of department staff, government officials, attorneys, community mental health services program staff, private providers, recipients, and recipient interest groups. At least 1/3 of the membership 12 appointed members of the state recipient rights advisory committee shall must be primary consumers or family members, and of that 1/3, at least 2 shall must be primary consumers. In appointing members to the state recipient rights advisory committee, the director shall consider the recommendations of the director of the state office of recipient rights and individuals who are members of the state recipient rights advisory committee. (2) Beginning on the effective date of the amendatory act that added this sentence, in addition to the 12 appointed members described under subsection (1), the director shall appoint the following 3 members to the state recipient rights advisory committee: (a) One individual who represents the interests of Disability Rights Michigan. (b) One individual who represents the interests of the Mental Health Association in Michigan. (c) One individual who represents the interests of Arc Michigan. (3) Beginning on the effective date of the amendatory act that added this sentence, an individual who is employed by, serving under, or otherwise a part of the executive office at the department is prohibited from serving on the state recipient rights advisory committee. If an individual described in this subsection is a member of the state recipient rights advisory committee on the effective date of the amendatory act that added this sentence, by not later than 30 days after the effective date of the amendatory act that added this sentence, the director shall replace that member with a member who meets the criteria for appointment under subsection (1) or (2). (4) (2) The state recipient rights advisory committee shall do all of the following: (a) Meet at least quarterly, or more frequently as necessary, to carry out its responsibilities. (b) Maintain a current list of members' names to be made available to individuals upon request. (c) Maintain a current list of categories represented, to be made available to individuals upon request. (d) Protect the state office of recipient rights from pressures that could interfere with the its impartial, even-handed, and thorough performance of its functions. (e) Recommend to the director of the department candidates for the position of director of the state office of recipient rights and consult with the director regarding any the proposed dismissal of the director of the state office of recipient rights. (f) Serve in an advisory capacity to the director of the department and the director of the state office of recipient rights. (g) Review and provide comments on the report submitted by the state office of recipient rights to the department under section 754. (5) (3) Meetings of the state recipient rights advisory committee are subject to the open meetings act, Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws. 1976 PA 267, MCL 15.261 to 15.275. Minutes shall must be maintained and made available to individuals upon request. |
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| 23 | 23 | | SENATE BILL NO. 142 |
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| 24 | 24 | | |
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| 25 | 25 | | |
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| 26 | 26 | | |
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| 27 | 27 | | A bill to amend 1974 PA 258, entitled |
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| 28 | 28 | | |
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| 29 | 29 | | "Mental health code," |
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| 30 | 30 | | |
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| 31 | 31 | | by amending sections 100d and 756 (MCL 330.1100d and 330.1756), section 100d as amended by 2022 PA 214 and section 756 as added by 1995 PA 290. |
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| 32 | 32 | | |
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| 33 | 33 | | the people of the state of michigan enact: |
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| 34 | 34 | | |
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| 35 | 35 | | Sec. 100d. (1) "Security transport officer" means an officer employed by a private security company under contract with a county under section 170. |
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| 36 | 36 | | |
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| 37 | 37 | | (2) "Service" means a mental health service or a substance use disorder service. |
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| 38 | 38 | | |
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| 39 | 39 | | (3) "Serious emotional disturbance" means a diagnosable mental, behavioral, or emotional disorder affecting a minor that exists or has existed during the past year for a period of time sufficient to meet the diagnostic criteria specified in the most recent Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association and approved by the department, and that has resulted in a functional impairment that substantially interferes with or limits the minor's role or functioning in family, school, or community activities. The following disorders are included only if they occur in conjunction with another diagnosable serious emotional disturbance: |
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| 40 | 40 | | |
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| 41 | 41 | | (a) A substance use disorder. |
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| 42 | 42 | | |
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| 43 | 43 | | (b) A developmental disorder. |
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| 44 | 44 | | |
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| 45 | 45 | | (c) "V" codes in the Diagnostic and Statistical Manual of Mental Disorders. |
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| 46 | 46 | | |
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| 47 | 47 | | (4) "Serious mental illness" means a diagnosable mental, behavioral, or emotional disorder affecting an adult that exists or has existed within the past year for a period of time sufficient to meet the diagnostic criteria specified in the most recent Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association and approved by the department, and that has resulted in a functional impairment that substantially interferes with or limits 1 or more major life activities. Serious mental illness includes dementia with delusions, dementia with depressed mood, and dementia with behavioral disturbance. Serious mental illness does not include any other dementia unless the dementia occurs in conjunction with another diagnosable serious mental illness. The following disorders also are included only if they occur in conjunction with another diagnosable serious mental illness: |
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| 48 | 48 | | |
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| 49 | 49 | | (a) A substance use disorder. |
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| 50 | 50 | | |
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| 51 | 51 | | (b) A developmental disorder. |
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| 52 | 52 | | |
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| 53 | 53 | | (c) A "V" code in the Diagnostic and Statistical Manual of Mental Disorders. |
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| 54 | 54 | | |
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| 55 | 55 | | (5) "Special compensation" means payment to an adult foster care facility to ensure the provision of a specialized program in addition to the basic payment for adult foster care. Special compensation does not include payment received directly from the Medicaid program for personal care services for a resident, or payment received under the supplemental security income program. |
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| 56 | 56 | | |
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| 57 | 57 | | (6) "Specialized program" means a program of services, supports, or treatment that are provided in an adult foster care facility to meet the unique programmatic needs of individuals with serious mental illness or developmental disability as set forth in the a resident's individual plan of services and for which the adult foster care facility receives special compensation. |
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| 58 | 58 | | |
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| 59 | 59 | | (7) "Specialized residential service" means a combination of residential care and mental health services that are expressly designed to provide rehabilitation and therapy to a recipient, that are provided in the recipient's residence, and that are part of a comprehensive individual plan of services. |
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| 60 | 60 | | |
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| 61 | 61 | | (8) "State administered funds" means revenues appropriated by the legislature exclusively for the purposes provided for in regard to substance use disorder services and prevention. |
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| 62 | 62 | | |
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| 63 | 63 | | (9) "State facility" means a center or a hospital. operated by the department. |
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| 64 | 64 | | |
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| 65 | 65 | | (10) "State recipient rights advisory committee" means a the committee appointed by the director under section 756 to advise that advises the director and the director of the department's state office of recipient rights. |
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| 66 | 66 | | |
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| 67 | 67 | | (11) "Substance abuse" means the taking use of alcohol or other drugs at dosages that place an individual's social, economic, psychological, and physical welfare in potential hazard danger or to the extent that an individual loses the power of self-control as a result of the use of alcohol or drugs, or while habitually under the influence of alcohol or drugs, endangers public health, morals, safety, or welfare, or a combination thereof. |
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| 68 | 68 | | |
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| 69 | 69 | | (12) "Substance use disorder" means a chronic disorder in which the repeated use of alcohol, drugs, or both, results in significant and adverse consequences. Substance use disorder includes substance abuse. |
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| 70 | 70 | | |
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| 71 | 71 | | (13) "Substance use disorder prevention services" means services that are intended to reduce the consequences of substance use disorders in communities by preventing or delaying the onset of substance abuse and that are intended to reduce the progression of substance use disorders in individuals. Substance use disorder prevention is an ordered set of steps that promotes individual, family, and community health, prevents mental and behavioral disorders, supports resilience and recovery, and reinforces treatment principles to prevent relapse. |
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| 72 | 72 | | |
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| 73 | 73 | | (14) "Substance use disorder treatment and rehabilitation services" means providing identifiable recovery-oriented services including the following: |
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| 74 | 74 | | |
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| 75 | 75 | | (a) Early intervention and crisis intervention counseling services for individuals who are current or former individuals with a current or former substance use disorder. |
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| 76 | 76 | | |
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| 77 | 77 | | (b) Referral services for individuals with a substance use disorder, their the individuals' families, and the general public. |
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| 78 | 78 | | |
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| 79 | 79 | | (c) Planned treatment services, including chemotherapy, counseling, or rehabilitation for individuals who are physiologically or psychologically dependent upon on or abusing alcohol or drugs. |
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| 80 | 80 | | |
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| 81 | 81 | | (15) "Supplemental security income" means the program authorized under title XVI of the social security act, 42 USC 1381 to 1383f. |
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| 82 | 82 | | |
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| 83 | 83 | | (16) "Telemedicine" means the use of an electronic media to link patients with health care professionals in different locations. To be considered telemedicine under this section, subsection, the health care professional must be able to examine the patient via a health insurance portability and accountability act of 1996, Public Law 104-191 compliant, secure interactive audio or video, or both, telecommunications system, or through the use of store and forward online messaging. |
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| 84 | 84 | | |
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| 85 | 85 | | (17) "Transfer facility" means a facility selected by the a department-designated community mental health entity , which facility that is physically located in a jail or lockup and is staffed by at least 1 designated representative when in use according to chapter 2A. |
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| 86 | 86 | | |
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| 87 | 87 | | (18) "Transition services" means a coordinated set of activities for a special education student designed within an outcome-oriented process that promotes movement from school to postschool activities, including postsecondary education, vocational training, integrated employment including supported employment, continuing and adult education, adult services, independent living, or and community participation. |
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| 88 | 88 | | |
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| 89 | 89 | | (19) "Treatment" means care, diagnostic , and therapeutic services, including the administration of drugs, and any other service for treatment of an individual's serious mental illness, serious emotional disturbance, or substance use disorder. |
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| 90 | 90 | | |
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| 91 | 91 | | (20) "Urgent situation" means a situation in which an individual is determined to be at risk of experiencing an emergency situation in the near future if he or she the individual does not receive care, treatment, or support services. |
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| 92 | 92 | | |
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| 93 | 93 | | (21) "Wraparound services" means an individually designed set of services provided to minors a minor with serious emotional disturbance or serious mental illness and their families and the minor's family that includes treatment services and personal support services or any other supports necessary to foster education preparedness, employability, and preservation of the child minor in the family home. Wraparound services are to be developed through an interagency collaborative approach. and a A minor's parent or guardian and a the minor, if age 14 or older, are to shall participate in planning the wraparound services. |
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| 94 | 94 | | |
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| 95 | 95 | | Sec. 756. (1) The Subject to subsections (2) and (3), the director shall appoint a 12-member 12 members to a 15-member state recipient rights advisory committee. The Subject to subsections (2) and (3), the membership of the state recipient rights advisory committee shall must be broadly based so as to best represent the varied perspectives of department staff, government officials, attorneys, community mental health services program staff, private providers, recipients, and recipient interest groups. At least 1/3 of the membership 12 appointed members of the state recipient rights advisory committee shall must be primary consumers or family members, and of that 1/3, at least 2 shall must be primary consumers. In appointing members to the state recipient rights advisory committee, the director shall consider the recommendations of the director of the state office of recipient rights and individuals who are members of the state recipient rights advisory committee. |
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| 96 | 96 | | |
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| 97 | 97 | | (2) Beginning on the effective date of the amendatory act that added this sentence, in addition to the 12 appointed members described under subsection (1), the director shall appoint the following 3 members to the state recipient rights advisory committee: |
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| 98 | 98 | | |
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| 99 | 99 | | (a) One individual who represents the interests of Disability Rights Michigan. |
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| 100 | 100 | | |
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| 101 | 101 | | (b) One individual who represents the interests of the Mental Health Association in Michigan. |
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| 102 | 102 | | |
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| 103 | 103 | | (c) One individual who represents the interests of Arc Michigan. |
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| 104 | 104 | | |
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| 105 | 105 | | (3) Beginning on the effective date of the amendatory act that added this sentence, an individual who is employed by, serving under, or otherwise a part of the executive office at the department is prohibited from serving on the state recipient rights advisory committee. If an individual described in this subsection is a member of the state recipient rights advisory committee on the effective date of the amendatory act that added this sentence, by not later than 30 days after the effective date of the amendatory act that added this sentence, the director shall replace that member with a member who meets the criteria for appointment under subsection (1) or (2). |
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| 106 | 106 | | |
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| 107 | 107 | | (4) (2) The state recipient rights advisory committee shall do all of the following: |
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| 108 | 108 | | |
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| 109 | 109 | | (a) Meet at least quarterly, or more frequently as necessary, to carry out its responsibilities. |
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| 110 | 110 | | |
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| 111 | 111 | | (b) Maintain a current list of members' names to be made available to individuals upon request. |
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| 112 | 112 | | |
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| 113 | 113 | | (c) Maintain a current list of categories represented, to be made available to individuals upon request. |
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| 114 | 114 | | |
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| 115 | 115 | | (d) Protect the state office of recipient rights from pressures that could interfere with the its impartial, even-handed, and thorough performance of its functions. |
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| 116 | 116 | | |
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| 117 | 117 | | (e) Recommend to the director of the department candidates for the position of director of the state office of recipient rights and consult with the director regarding any the proposed dismissal of the director of the state office of recipient rights. |
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| 118 | 118 | | |
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| 119 | 119 | | (f) Serve in an advisory capacity to the director of the department and the director of the state office of recipient rights. |
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| 120 | 120 | | |
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| 121 | 121 | | (g) Review and provide comments on the report submitted by the state office of recipient rights to the department under section 754. |
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| 122 | 122 | | |
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| 123 | 123 | | (5) (3) Meetings of the state recipient rights advisory committee are subject to the open meetings act, Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws. 1976 PA 267, MCL 15.261 to 15.275. Minutes shall must be maintained and made available to individuals upon request. |
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