January 3, 2005

Places Decisions in Hands of Consumers

LANSING – Governor Jennifer M. Granholm today signed new laws formalizing the role of mental health patient advocates, giving individuals greater autonomy to determine the course of their mental health treatment.

"These new laws put mental health decision-making into the hands of advocates who can operate in the best interest of a family member or loved one," Granholm said. "For the first time patient advocates can make formal decisions regarding mental health treatment. These new laws are a critical step in ensuring that an individual’s wishes are considered when undergoing mental health treatment in Michigan."

Senate Bills 1464-1472 amend the State’s Mental Health Code and allow individuals to create Psychiatric Advance Directives – or statements regarding the patient’s desire for mental health treatment. Under the law, mental health professionals would have to comply with the patient advocate directives unless treatment is not consistent with generally accepted mental health best practices.

The bills also allow the patient to waive the right to revoke a patient advocate designation for 30 days and allow the advocate to make mental health treatment decisions only if both a physician and a mental health practitioner have examined the patient and certify, in writing, that the patient is incapable of making decisions on their own behalf.

Historically, decisions made by mental health patient advocates have not been widely accepted by mental health service providers, including inpatient psychiatric programs. This activity has placed undue strain on the courts system and has resulted in unnecessary and restrictive court appointment of guardians, Granholm said.

This new legislation formalizes the role of patient advocate for those who are mentally ill and sets guidelines for mental health practitioners to follow when advocates are appointed. Mental health services received from the private sector also are bound by these designations.

"These laws will now allow individuals over the age of 18 to express a desire for mental health treatment and to have it implemented by a patient advocate," Granholm said. "People will now have greater control over the mental health services provided to them, whether they come from the private or public sector."

All of the bills passed both the State House and State Senate unanimously.