MENTAL HEALTH CODE
Act 258 of 1974
330.1423 Hospitalization pending certification by psychiatrist; petition, execution of physician's or psychologist's clinical certificate, and authorization by preadmission screening unit.
Sec. 423.
A hospital designated by the department or by a community mental health services program shall hospitalize an individual presented to the hospital, pending receipt of a clinical certificate by a psychiatrist stating that the individual is a person requiring treatment, if a petition, a physician's or a licensed psychologist's clinical certificate, and an authorization by a preadmission screening unit have been executed. For an individual hospitalized under this section, a petition shall have been executed not more than 10 days before the presentation of the individual to the hospital, and the petition must meet the conditions set forth in section 434(1) and (2).
History: 1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1982, Act 402, Imd. Eff. Dec. 28, 1982 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2016, Act 320, Eff. Feb. 14, 2017
Notes of Decisions
De Sanchez v. Genoves-Andrews, 410 N.W.2d 803 (Mich. Ct. App. 1987).
· cites it 2× “Pursuant to § 423 of the Mental Health Code, MCL 330.1423; MSA 14.800(423), this procedure was mandatory.”
Hinkelman v. Borgess Med. Ctr., 403 N.W.2d 547 (Mich. Ct. App. 1987).
“Finally, plaintiff argues that the defendant hospital should have sought Travis’ involuntary commitment pursuant to MCL 330.1423; MSA 14.800(423) or MCL 330.”
United States v. McMichael, 350 F. Supp. 3d 647 (W.D. Mich. 2018).
“LAWS § 330.1423. Thereafter, "as soon after hospitalization as is practicable" which usually must be no more than 24 hours after hospitalization, an individual hospitalized under Section 1423 must be examined by a separate psychiatrist.”
United States v. Vertz, 102 F. Supp. 2d 787 (W.D. Mich. 2000).
“§ 330.1423; M.S.A. § 14.800(423). If a patient is hospitalized under § 423, the patient must be examined within 24 hours by a different psychiatrist than the one upon whose certificate the patient was hospitalized.”
In Re Ss (Mich. Ct. App. 2023).
· cites it 7× “1423, a petition may be presented to a hospital to hospitalize an individual for mental health treatment pending receipt of medical certification: A hospital designated by the department or by a community mental health services program shall hospitalize an individual presented…”
In Re Ss (Mich. Ct. App. 2023).
· cites it 7× “1423, a petition may be presented to a hospital to hospitalize an individual for mental health treatment pending receipt of medical certification: A hospital designated by the department or by a community mental health services program shall hospitalize an individual presented…”
In Re Jh (Mich. Ct. App. 2024).
· cites it 5× “1438, and medically- certified, MCL 330.1423, short-term hospitalizations.”
In Re Jgs Jr (Mich. Ct. App. 2025).
· cites it 4× “Involuntary civil commitment proceedings may be initiated in several ways, including by medical certification, MCL 330.1423, or by petition, MCL 330.1334.”
20231214_C365552_28_365552.Opn.Pdf (Mich. Ct. App. 2023).
· cites it 2× “MCL 330.1423 states: A hospital designated by the department or by a community mental health services program shall hospitalize an individual presented to the hospital, pending receipt of a clinical certificate by a psychiatrist stating that the individual is a person requiring…”
in Re Evan Benford (Mich. Ct. App. 2021).
“1435, if a petition is accompanied by one clinical certificate, the trial court shall order the respondent to be examined by a psychiatrist. MCL 330.1435(1). “The examining psychiatrist shall not be the same physician upon whose clinical certificate the patient was hospitalized.”
In Re Bsm (Mich. Ct. App. 2023).
“] A respondent hospitalized under MCL 330.1423 (admission by petition) “shall be examined by a psychiatrist as soon after hospitalization as is practicable, but not later than 24 hours, excluding legal holidays, after hospitalization.”
In Re a V-b H (Mich. Ct. App. 2026).
“An involuntary mental-health proceeding may be initiated by medical certification, MCL 330.1423, or by petition, MCL 330.1434.”
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