MENTAL HEALTH CODE
Act 258 of 1974
330.1463 Independent clinical evaluation by physician, psychiatrist or psychologist; compensation; use by subject of petition.
Sec. 463.
(1) If requested before the first scheduled hearing or at the first scheduled hearing before the first witness has been sworn on a petition, the subject of a petition in a hearing under this chapter has the right at his or her own expense, or if indigent, at public expense, to secure an independent clinical evaluation by a physician, psychiatrist, or licensed psychologist of his or her choice relevant to whether he or she requires treatment, whether he or she should be hospitalized or receive treatment other than hospitalization, and whether he or she is of legal capacity.
(2) Compensation for an evaluation performed by a physician or a licensed psychologist shall be in an amount that is reasonable and based upon time and expenses.
(3) The independent clinical evaluation described in this section is for the sole use of the subject of the petition. The independent clinical evaluation or the testimony of the individual performing the evaluation shall not be introduced into evidence without the consent of the subject of the petition.
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
Cited in
4
cases (
4 in the last 5 years), 2021–2025 · leading case:
In Re Bsp (Mich. Ct. App. 2025).
In Re Bsp (Mich. Ct. App. 2025).
· cites it 5× “1454(9); (3) she was not informed of her right under MCL 330.1463(1) to an independent clinical evaluation.”
in the Matter of Ann Marie Moriconi (Mich. Ct. App. 2021).
· cites it 2× “That statute, MCL 330.1463(1), states: If requested before the first scheduled hearing or at the first scheduled hearing before the first witness has been sworn on a petition, the subject of a petition in a hearing under this chapter has the right… to secure an independent…”
In Re Jco (Mich. Ct. App. 2024).
“MCL 330.1463(1), part of the Mental Health Code, MCL 330.”
In Re Dl (Mich. Ct. App. 2025).
“Under the Mental Health Code, a person subject to a petition for involuntary mental-health treatment has the right at his or her own expense, or if indigent, at public expense, to secure an independent clinical evaluation by a physician, psychiatrist, or licensed psychologist of…”
— Mich. Comp. Laws § 330.1463(1) — 4 cases
in the Matter of Ann Marie Moriconi (Mich. Ct. App. 2021).
“That statute, MCL 330.1463(1), states: If requested before the first scheduled hearing or at the first scheduled hearing before the first witness has been sworn on a petition, the subject of a petition in a hearing under this chapter has the right… to secure an independent…”
In Re Bsp (Mich. Ct. App. 2025).
“1454(9); (3) she was not informed of her right under MCL 330.1463(1) to an independent clinical evaluation.”
In Re Jco (Mich. Ct. App. 2024).
“MCL 330.1463(1), part of the Mental Health Code, MCL 330.”
In Re Dl (Mich. Ct. App. 2025).
“Under the Mental Health Code, a person subject to a petition for involuntary mental-health treatment has the right at his or her own expense, or if indigent, at public expense, to secure an independent clinical evaluation by a physician, psychiatrist, or licensed psychologist of…”
— Mich. Comp. Laws § 330.1463(3) — 1 case
In Re Bsp (Mich. Ct. App. 2025).
“1454(9); (3) she was not informed of her right under MCL 330.1463(1) to an independent clinical evaluation.”
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