HB-5315, As Passed House, December 12, 2012HB-5315, As Passed Senate, December 12, 2012
SUBSTITUTE FOR
HOUSE BILL NO. 5315
A bill to amend 1974 PA 258, entitled
"Mental health code,"
by amending section 724 (MCL 330.1724), as amended by 1995 PA 290.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 724. (1) A recipient of mental health services shall not
be
fingerprinted, photographed, audiotaped, audiorecorded, or
viewed through a 1-way glass except in the circumstances and under
the conditions set forth in this section. As used in this section,
photographs
include still pictures, motion pictures, and videotapes
recordings.
(2)
Fingerprints, photographs, or audiotapes audiorecordings
may be taken and used and 1-way glass may be used in order to
provide services, including research, to a recipient or in order to
determine the name of the recipient only when prior written consent
is obtained from 1 of the following:
(a) The recipient if 18 years of age or over and competent to
consent.
(b) The guardian of the recipient if the guardian is legally
empowered to execute such a consent.
(c) The parent with legal and physical custody of the
recipient if the recipient is less than 18 years of age.
(3)
Fingerprints, photographs, or audiotapes audiorecordings
taken in order to provide services to a recipient, and any copies
of them, shall be kept as part of the record of the recipient.
(4)
Fingerprints, photographs, or audiotapes audiorecordings
taken in order to determine the name of a recipient shall be kept
as part of the record of the recipient, except that when necessary
the
fingerprints, photographs, or audiotapes audiorecordings may be
delivered to others for assistance in determining the name of the
recipient.
Fingerprints, photographs, or audiotapes audiorecordings
so delivered shall be returned together with copies that were made.
An
individual receiving fingerprints, photographs, or audiotapes
audiorecordings shall be informed of the requirement that return be
made.
Upon return, the fingerprints, photographs, or audiotapes,
audiorecordings, together with copies, shall be kept as part of the
record of the recipient.
(5)
Fingerprints, photographs, or audiotapes audiorecordings
in the record of a recipient, and any copies of them, shall be
given to the recipient or destroyed when they are no longer
essential in order to achieve 1 of the objectives set forth in
subsection (2), or upon discharge of the resident, whichever occurs
first.
(6) Photographs of a recipient may be taken for purely
personal or social purposes and shall be maintained as the
recipient's personal property. A photograph of a recipient shall
not be taken or used under this subsection if the recipient has
indicated his or her objection.
(7)
Photographs or audiotapes audiorecordings
may be taken and
1-way glass may be used for educational or training purposes only
when express written consent is obtained from 1 of the following:
(a) The recipient if 18 years of age or over and competent to
consent.
(b) The guardian of the recipient if the guardian is legally
empowered to execute such a consent.
(c) The parent with legal and physical custody of the
recipient if the recipient is less than 18 years of age.
(8) This section does not apply to recipients of mental health
services referred under chapter 10.
(9) Video surveillance may be conducted in a psychiatric
hospital for purposes of safety, security, and quality improvement.
Video surveillance may only be conducted in common areas such as
hallways, nursing station areas, and social activity areas within
the psychiatric unit. Video surveillance recordings taken in common
areas shall not be used for treatment or therapeutic purposes.
Before implementation of video surveillance, the psychiatric
hospital shall establish written policies and procedures that
address, at a minimum, all of the following:
(a) Identification of locations where video surveillance
images will be recorded and saved.
(b) Mechanisms by which recipients and visitors will be
advised of the video surveillance.
(c) Security provisions that assure that only authorized staff
members have access to view recorded surveillance video. The
security provisions shall include all of the following:
(i) Who may authorize viewing of recorded surveillance video.
(ii) Circumstances under which recorded surveillance video may
be viewed.
(iii) Who may view recorded surveillance video with proper
authorization.
(iv) Safeguards to prevent and detect unauthorized viewing of
recorded surveillance video.
(v) Circumstances under which recorded surveillance video may
be duplicated and what steps will be taken to prevent unauthorized
distribution of the duplicate.
(d) Documentation required to be maintained for each instance
of authorized access, viewing duplication, or distribution of any
recorded surveillance videos.
(e) Process to assure retrieval of distributed recorded
surveillance video when the purpose for which the video was
distributed no longer exists.
(f) Archived footage of video surveillance recordings for up
to 30 days unless notice is received that an incident requires
investigation by the department's office of recipient rights, the
licensing division of the bureau of health systems, law
enforcement, licensed psychiatric hospital or unit office of
recipient rights, and the United States department of health and
human services centers for medicaid and medicare services. In that
case, archived footage of video surveillance recordings may be
retained for the duration of the investigation.
(g) Recorded video surveillance images shall not be maintained
as part of a recipient's clinical record.