Mich. Comp. Laws » Michigan Compiled Laws / Chapter 330 / Act 258 of 1974
Michigan Compiled Laws

Mich. Comp. Laws § 330.1100b (2026)

Definitions; F to N.

✓ current as of July 2026
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MENTAL HEALTH CODE


Act 258 of 1974


330.1100b Definitions; F to N.

Sec. 100b.

    (1) Except as otherwise provided in this subsection, "facility" means a residential facility for the care or treatment of individuals with serious mental illness, serious emotional disturbance, or developmental disability that is either a state facility or a licensed facility. Facility includes a preadmission screening unit established under section 409 that is operating a crisis stabilization unit.

    (2) "Family" as used in sections 156 to 161 means an eligible minor and his or her parent or legal guardian.

    (3) "Family member" means a parent, stepparent, spouse, sibling, child, or grandparent of a primary consumer, or an individual upon whom a primary consumer is dependent for at least 50% of his or her financial support.

    (4) "Federal funds" means funds received from the federal government under a categorical grant or similar program and does not include federal funds received under a revenue sharing arrangement.

    (5) "Functional impairment" means both of the following:

    (a) With regard to serious emotional disturbance, substantial interference with or limitation of a minor's achievement or maintenance of 1 or more developmentally appropriate social, behavioral, cognitive, communicative, or adaptive skills.

    (b) With regard to serious mental illness, substantial interference or limitation of role functioning in 1 or more major life activities including basic living skills such as eating, bathing, and dressing; instrumental living skills such as maintaining a household, managing money, getting around the community, and taking prescribed medication; and functioning in social, vocational, and educational contexts.

    (6) "Guardian" means a person appointed by the court to exercise specific powers over an individual who is a minor, legally incapacitated, or developmentally disabled.

    (7) "Hospital" or "psychiatric hospital" means an inpatient program operated by the department for the treatment of individuals with serious mental illness or serious emotional disturbance or a psychiatric hospital or psychiatric unit licensed under section 137.

    (8) "Hospital director" means the chief administrative officer of a hospital or his or her designee.

    (9) "Hospitalization" or "hospitalize" means to provide treatment for an individual as an inpatient in a hospital.

    (10) "Incapacitated" means that an individual, as a result of the use of alcohol or other drugs, is unconscious or has his or her mental or physical functioning so impaired that he or she either poses an immediate and substantial danger to his or her own health and safety or is endangering the health and safety of the public.

    (11) "Individual plan of services" or "plan of services" means a written individual plan of services developed with a recipient as required by section 712.

    (12) "Individual representative" means a recipient's legal guardian, minor recipient's parent, or other person authorized by law to represent the recipient in decision-making related to the recipient's services and supports.

    (13) "Intellectual disability" means a condition manifesting before the age of 18 years that is characterized by significantly subaverage intellectual functioning and related limitations in 2 or more adaptive skills and that is diagnosed based on the following assumptions:

    (a) Valid assessment considers cultural and linguistic diversity, as well as differences in communication and behavioral factors.

    (b) The existence of limitation in adaptive skills occurs within the context of community environments typical of the individual's age peers and is indexed to the individual's particular needs for support.

    (c) Specific adaptive skill limitations often coexist with strengths in other adaptive skills or other personal capabilities.

    (d) With appropriate supports over a sustained period, the life functioning of the individual with an intellectual disability will generally improve.

    (14) "Licensed facility" means a facility licensed by the department under section 137 or an adult foster care facility.

    (15) "Licensed psychologist" means a doctoral level psychologist licensed under section 18223(1) of the public health code, 1978 PA 368, MCL 333.18223.

    (16) "Mediation" means a confidential process in which a neutral third party facilitates communication between parties, assists in identifying issues, and helps explore solutions to promote a mutually acceptable resolution. A mediator does not have authoritative decision-making power.

    (17) "Medicaid" means the program of medical assistance established under section 105 of the social welfare act, 1939 PA 280, MCL 400.105.

    (18) "Medical director" means a psychiatrist appointed under section 231 to advise the executive director of a community mental health services program.

    (19) "Mental health professional" means an individual who is trained and experienced in the area of mental illness or developmental disabilities and who is 1 of the following:

    (a) A physician.

    (b) A psychologist.

    (c) A registered professional nurse licensed or otherwise authorized to engage in the practice of nursing under part 172 of the public health code, 1978 PA 368, MCL 333.17201 to 333.17242.

    (d) A licensed master's social worker licensed or otherwise authorized to engage in the practice of social work at the master's level under part 185 of the public health code, 1978 PA 368, MCL 333.18501 to 333.18518.

    (e) A licensed professional counselor licensed or otherwise authorized to engage in the practice of counseling under part 181 of the public health code, 1978 PA 368, MCL 333.18101 to 333.18117.

    (f) A marriage and family therapist licensed or otherwise authorized to engage in the practice of marriage and family therapy under part 169 of the public health code, 1978 PA 368, MCL 333.16901 to 333.16915.

    (20) "Minor" means an individual under the age of 18 years.

    (21) "Multicultural services" means specialized mental health services for multicultural populations such as African-Americans, Hispanics, Native Americans, Asian and Pacific Islanders, and Arab/Chaldean-Americans.

    (22) "Neglect" means an act or failure to act committed by an employee or volunteer of the department, a community mental health services program, or a licensed hospital; a service provider under contract with the department, a community mental health services program, or a licensed hospital; or an employee or volunteer of a service provider under contract with the department, a community mental health services program, or a licensed hospital, that denies a recipient the standard of care or treatment to which he or she is entitled under this act.

    

    

History: Add. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2004, Act 499, Eff. Mar. 30, 2005 ;-- Am. 2012, Act 500, Imd. Eff. Dec. 28, 2012 ;-- Am. 2014, Act 72, Imd. Eff. Mar. 28, 2014 ;-- Am. 2014, Act 200, Imd. Eff. June 24, 2014 ;-- Am. 2020, Act 55, Imd. Eff. Mar. 3, 2020 ;-- Am. 2020, Act 285, Eff. Mar. 24, 2021 ;-- Am. 2020, Act 402, Eff. Mar. 24, 2021

Notes of Decisions
Cited in 15 cases (5 in the last 5 years), 2004–2025 · leading case: People v. Portus (In Re Portus), 926 N.W.2d 33 (Mich. Ct. App. 2018).
Sort: Relevance Newest Treatment
People v. Portus (In Re Portus), 926 N.W.2d 33 (Mich. Ct. App. 2018). · cites it 4× “" MCL 330.1100b(7) ; MCL 330.1100 (stating that the definitions in MCL 330.”
Allen v. State Farm Mut. Auto. Ins., 708 N.W.2d 131 (Mich. Ct. App. 2005). · cites it 14× “MCL 330.1100b(3). However, the Mental Health Code definition has nothing to do with this no-fault case, see MCL 330.”
People v. Carrier, 867 N.W.2d 463 (Mich. Ct. App. 2015). · cites it 5× “MCL 330.1100b was subsequently amended by 2014 PA 72 and 2014 PA 200 , shifting the definition of “mental health professional” to Subsection (16) of the statute with minor variations in the definition that are not relevant to our current discussion.”
Roberts v. Salmi, 866 N.W.2d 460 (Mich. Ct. App. 2014). · cites it 2× “On appeal, we must determine whether a mental health professional, such as a licensed professional counselor, see MCL 330.1100b(16)(e); 333.18101(b),1 owes a duty of care to third persons who might be harmed by the professional’s treatment of his or her patients.”
In re Blackshear, 262 Mich. App. 101 (Mich. Ct. App. 2004). “We conclude that the court was without authority to order the CMHA to arrange and pay for the forensic evaluations.”
Matter of Blackshear, 686 N.W.2d 280 (Mich. Ct. App. 2004). “We also cannot find anything in the statute that allows a community mental health authority to make arrangements for forensic evaluations with a third party upon a court's order. We conclude that the court was without authority to order the CMHA to arrange and pay for the…”
in Re Charles Frederick Portus (Mich. Ct. App. 2018). · cites it 4× “” MCL 330.1100b(7); MCL 330.1100 (stating that the definitions in §§ 100a to 100d apply to the Mental Health Code unless otherwise required by the context).”
People of Michigan v. Diontee Laquinn Beavers (Mich. Ct. App. 2017). “1100b, that person lacks substantial capacity either to appreciate the nature and quality or the wrongfulness of his or her conduct or to conform his or her conduct to the requirements of the law. . . . The testimony of defendant’s mother, but more specifically letters from…”
People of Michigan v. Diontee Laquinn Beavers (Mich. Ct. App. 2017). “1100b, that person lacks substantial capacity either to appreciate the nature and quality or the wrongfulness of his or her conduct or to conform his or her conduct to the requirements of the law. . . . The testimony of defendant’s mother, but more specifically letters from…”
People of Michigan v. Anthony Dwayne Shacks Jr (Mich. Ct. App. 2022). “1400, or as a result of having an intellectual disability as defined in section 100b of the mental -3- health code, 1974 PA 258 , MCL 330.1100b, that person lacks substantial capacity either to appreciate the nature and quality or the wrongfulness of his or her conduct or to…”
20221117_C359110_31_359110.Opn.Pdf (Mich. Ct. App. 2022). “” MCL 330.1100b(10). Here, the officer responded to a report of a potentially intoxicated individual.”
People of Michigan v. Daniel Lee Bowman (Mich. Ct. App. 2023). “-16- health code, 1974 PA 258 , MCL 330.1100b, that person lacks substantial capacity either to appreciate the nature and quality or the wrongfulness of his or her conduct or to conform his or her conduct to the requirements of the law.”
Show all 15 citing cases →
— Mich. Comp. Laws § 330.1100b(10) — 1 case
20221117_C359110_31_359110.Opn.Pdf (Mich. Ct. App. 2022). “” MCL 330.1100b(10). Here, the officer responded to a report of a potentially intoxicated individual.”
— Mich. Comp. Laws § 330.1100b(15) — 3 cases
People v. Carrier, 867 N.W.2d 463 (Mich. Ct. App. 2015). “MCL 330.1100b was subsequently amended by 2014 PA 72 and 2014 PA 200 , shifting the definition of “mental health professional” to Subsection (16) of the statute with minor variations in the definition that are not relevant to our current discussion.”
In re Blackshear, 262 Mich. App. 101 (Mich. Ct. App. 2004). “We conclude that the court was without authority to order the CMHA to arrange and pay for the forensic evaluations.”
Matter of Blackshear, 686 N.W.2d 280 (Mich. Ct. App. 2004). “We also cannot find anything in the statute that allows a community mental health authority to make arrangements for forensic evaluations with a third party upon a court's order. We conclude that the court was without authority to order the CMHA to arrange and pay for the…”
— Mich. Comp. Laws § 330.1100b(15)(d) — 1 case
People v. Carrier, 867 N.W.2d 463 (Mich. Ct. App. 2015). “MCL 330.1100b was subsequently amended by 2014 PA 72 and 2014 PA 200 , shifting the definition of “mental health professional” to Subsection (16) of the statute with minor variations in the definition that are not relevant to our current discussion.”
— Mich. Comp. Laws § 330.1100b(16)(d) — 1 case
People v. Carrier, 867 N.W.2d 463 (Mich. Ct. App. 2015). “MCL 330.1100b was subsequently amended by 2014 PA 72 and 2014 PA 200 , shifting the definition of “mental health professional” to Subsection (16) of the statute with minor variations in the definition that are not relevant to our current discussion.”
— Mich. Comp. Laws § 330.1100b(16)(e) — 1 case
Roberts v. Salmi, 866 N.W.2d 460 (Mich. Ct. App. 2014). “On appeal, we must determine whether a mental health professional, such as a licensed professional counselor, see MCL 330.1100b(16)(e); 333.18101(b),1 owes a duty of care to third persons who might be harmed by the professional’s treatment of his or her patients.”
— Mich. Comp. Laws § 330.1100b(19) — 1 case
Timothy a Carl v. Muskegon Cnty. (Mich. Ct. App. 2015).
— Mich. Comp. Laws § 330.1100b(3) — 1 case
Allen v. State Farm Mut. Auto. Ins., 708 N.W.2d 131 (Mich. Ct. App. 2005). “MCL 330.1100b(3). However, the Mental Health Code definition has nothing to do with this no-fault case, see MCL 330.”
— Mich. Comp. Laws § 330.1100b(7) — 3 cases
People v. Portus (In Re Portus), 926 N.W.2d 33 (Mich. Ct. App. 2018). “" MCL 330.1100b(7) ; MCL 330.1100 (stating that the definitions in MCL 330.”
in Re Charles Frederick Portus (Mich. Ct. App. 2018). “” MCL 330.1100b(7); MCL 330.1100 (stating that the definitions in §§ 100a to 100d apply to the Mental Health Code unless otherwise required by the context).”
In Re Dl (Mich. Ct. App. 2025).
— Mich. Comp. Laws § 330.1100b(8) — 2 cases
People v. Portus (In Re Portus), 926 N.W.2d 33 (Mich. Ct. App. 2018). “" MCL 330.1100b(7) ; MCL 330.1100 (stating that the definitions in MCL 330.”
in Re Charles Frederick Portus (Mich. Ct. App. 2018). “” MCL 330.1100b(7); MCL 330.1100 (stating that the definitions in §§ 100a to 100d apply to the Mental Health Code unless otherwise required by the context).”
— Mich. Comp. Laws § 330.1100b(9) — 2 cases
People v. Portus (In Re Portus), 926 N.W.2d 33 (Mich. Ct. App. 2018). “" MCL 330.1100b(7) ; MCL 330.1100 (stating that the definitions in MCL 330.”
in Re Charles Frederick Portus (Mich. Ct. App. 2018). “” MCL 330.1100b(7); MCL 330.1100 (stating that the definitions in §§ 100a to 100d apply to the Mental Health Code unless otherwise required by the context).”
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