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Michigan
Senate Panel Hears Testimony on Mental Health Bills
Gongwer News Service, October 22, 2003
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Testimony before a Senate committee Wednesday contained varied
responses to a package of bills that would allow assisted
outpatient treatment for the mentally ill.
The legislation is similar to what Sen. Tom George (R-Portage)
introduced in April 2002 (when he was in the House) in response
to the Kalamazoo bus station beating death of an Evanston,
Illinois, man by a paranoid schizophrenic from Ypsilanti.
The new package of tie-barred bills, SB 683, SB 684, SB 685 and
SB 686, would extend the definition of a mentally ill "person
requiring treatment" to an individual who had not complied with
recommended treatment and whose noncompliance had been a factor
in the individual's previous placement in a psychiatric hospital
or prison. The definition would also include an individual who
had posed a serious physical threat to themselves or others.
The Health Policy Committee did not vote on the legislation.
Under the legislation, a court would be authorized to issue an
order for the proposed assisted outpatient treatment upon
receipt of a petition to order treatment. Treatment would come
in the form medication, testing, therapy, educational training
and/or substance abuse treatment, not to exceed 180 days.
Currently, initial involuntary hospitalization of a mentally ill
individual may last up to 60 days. Involuntary alternative
treatment may last up to 90 days.
Mr. George said the package is only intended to apply to the
severely mentally ill, and estimated the qualifying number of
individuals in Michigan to be 300-400 people per year.
"This law is intensive," said Jonathon Stanley, an attorney
representing the Treatment Advocacy Center in Arlington,
Virginia. "It does impede civil rights, but it's for those so
mentally ill they can no longer exercise those rights given to
them."
Mark Reinstein, president and CEO of the Mental Health
Association in Michigan, said he was not unalterably opposed to
the concept offered by the legislation, but felt some changes
should be made to the bills.
"We believe [the bills] are an improvement on what was
introduced last legislative session," he told the panel. "The
new bills are more simplified and more attentive to consumer
rights issues. This is a step in the right direction." Mr.
Reinstein's suggested changes included the petitioned subject's
right to an independent clinical second opinion, an annual
statewide evaluation of the outcomes and a plan to provide
treatment funding.
However, those who opposed the legislation said they fear it
would impede civil rights of the mentally ill, even if they
posed no threat to themselves or others.
"We were told this would only affect the very seriously mentally
ill," said Dennis Cichon, a law professor representing Michigan
Protection and Advocacy. "We're concerned this will sweep in
anyone with mental illness. The Supreme Court has held that
adult citizens have a right to refuse mental health treatment,
which can be overcome unless there is a danger to others, or the
individual is incompetent. This bill does not require either of
those showings."
The committee has not yet scheduled any additional meetings on
the package.
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