December 1, 2005, Introduced by Reps. Schuitmaker, Wojno, Mortimer, Gaffney and Hune and referred to the Committee on Health Policy.
A bill to amend 1973 PA 116, entitled
"An act to provide for the protection of children through the
licensing and regulation of child care organizations; to provide
for the establishment of standards of care for child care
organizations; to prescribe powers and duties of certain
departments of this state and adoption facilitators; to provide
penalties; and to repeal acts and parts of acts,"
by amending section 2b (MCL 722.112b), as added by 2004 PA 531.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2b. (1) As used in this section and sections 2c, 2d, and
2e, unless the context requires otherwise:
(a) "Adaptive device" means a mechanical device incorporated
in the individual plan of services that is intended to provide
anatomical support or to assist the minor child with adaptive
skills.
(b) "Chemical restraint" means a drug that meets all of the
following criteria:
(i) Is administered to manage a minor child's behavior in a way
that reduces the safety risk to the minor child or others.
(ii) Has the temporary effect of restricting the minor child's
freedom of movement.
(iii) Is not a standard treatment for the minor child's medical
or psychiatric condition.
(c) "Emergency safety intervention" means use of personal
restraint or seclusion as an immediate response to an emergency
safety situation.
(d) "Emergency safety situation" means the onset of an
unanticipated, severely aggressive, or destructive behavior that
places the minor child or others at serious threat of violence or
injury if no intervention occurs and that calls for an emergency
safety intervention.
(e) "Individual plan of services" means that term as defined
in section 100b of the mental health code, 1974 PA 258, MCL
330.1100b.
(f) "Licensed practitioner" means an individual who has been
trained in the use of personal restraint and seclusion, who is
knowledgeable of the risks inherent in the implementation of
personal restraint and seclusion, and who is 1 of the following:
(i) A physician licensed under article 15 of the public health
code, 1978 PA 368, MCL 333.16101 to 333.18838.
(ii) An individual who has been issued a specialty
certification as a nurse practitioner under article 15 of the
public health code, 1978 PA 368, MCL 333.16101 to 333.18838.
(iii) A physician's assistant licensed under article 15 of the
public health code, 1978 PA 368, MCL 333.16101 to 333.18838.
(iv) A registered nurse licensed under article 15 of the public
health code, 1978 PA 368, MCL 333.16101 to 333.18838.
(v) A psychologist and a limited licensed
psychologist
licensed under article 15 of the public health code, 1978 PA 368,
MCL 333.16101 to 333.18838.
(vi) A counselor and a limited licensed counselor licensed
under article 15 of the public health code, 1978 PA 368, MCL
333.16101 to 333.18838.
(vii) Until July 1, 2005, a certified social worker registered
under article 15 of the public health code, 1978 PA 368, MCL
333.16101 to 333.18838. Beginning July 1, 2005, a licensed master's
social worker licensed under article 15 of the public health code,
1978 PA 368, MCL 333.16101 to 333.18838.
(g) "Mechanical restraint" means a device attached or adjacent
to the minor child's body that he or she cannot easily remove and
that restricts freedom of movement or normal access to his or her
body. Mechanical restraint does not include the use of a protective
or adaptive device or a device primarily intended to provide
anatomical support. Mechanical restraint does not include use of a
mechanical device to ensure security precautions appropriate to the
condition and circumstances of a minor child placed in the child
caring institution as a result of an order of the family division
of circuit court under section 2(a) of chapter XIIA of the probate
code of 1939, 1939 PA 288, MCL 712A.2.
(h) "Personal restraint" means the application of physical
force without the use of a device, for the purpose of restraining
the free movement of a minor child's body. Personal restraint does
not include:
(i) The use of a protective or adaptive device.
(ii) Briefly holding a minor child without undue force in order
to calm or comfort him or her.
(iii) Holding a minor child's hand, wrist, shoulder, or arm to
safely escort him or her from 1 area to another.
(iv) The use of a protective or adaptive device or a device
primarily intended to provide anatomical support.
(i) "Protective device" means an individually fabricated
mechanical device or physical barrier, the use of which is
incorporated in the individualized written plan of service. The use
of a protective device is intended to prevent the minor child from
causing serious self-injury associated with documented, frequent,
and unavoidable hazardous events.
(j) "Seclusion" means the involuntary placement of a minor
child in a room alone, where the minor child is prevented from
exiting by any means, including the physical presence of a staff
person if the sole purpose of that staff person's presence is to
prevent the minor child from exiting the room. Seclusion does not
include the use of a sleeping room during regular sleeping hours to
ensure security precautions appropriate to the condition and
circumstances of a minor child placed in the child caring
institution as a result of an order of the family division of
circuit court under section 2(a) and (b) of chapter XIIA of the
probate code of 1939, 1939 PA 288, MCL 712A.2, if the minor child's
individual case treatment plan indicates that the security
precautions would be in the minor child's best interest.
(k) "Serious injury" means any significant impairment of the
physical condition of the minor child as determined by qualified
medical personnel that results from an emergency safety
intervention. This includes, but is not limited to, burns,
lacerations, bone fractures, substantial hematoma, and injuries to
internal organs, whether self-inflicted or inflicted by someone
else.
(2) The provisions of this section and sections 2c, 2d, and 2e
only apply to a child caring institution that contracts with or
receives payment from a community mental health services program or
prepaid inpatient health plan for the care, treatment, maintenance,
and supervision of a minor child in that child caring institution.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5473(request no.
04692'05) of the 93rd Legislature is enacted into law.