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

Mich. Comp. Laws § 330.1700 (2026)

Definitions.

✓ current as of July 2026
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MENTAL HEALTH CODE


Act 258 of 1974


330.1700 Definitions.

Sec. 700.

    As used in this chapter, unless the context requires otherwise:

    (a) "Criminal abuse" means 1 or more of the following:

    (i) An assault that is a violation or an attempt or conspiracy to commit a violation of sections 81 to 90 of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being sections 750.81 to 750.90 of the Michigan Compiled Laws. Criminal abuse does not include an assault or an assault and battery that is a violation of section 81 of Act No. 328 of the Public Acts of 1939, being section 750.81 of the Michigan Compiled Laws, and that is committed by a recipient against another recipient.

    (ii) A criminal homicide that is a violation or an attempt or conspiracy to commit a violation of section 316, 317, or 321 of Act No. 328 of the Public Acts of 1931, being sections 750.316, 750.317, and 750.321 of the Michigan Compiled Laws.

    (iii) Criminal sexual conduct that is a violation or an attempt or conspiracy to commit a violation of sections 520b to 520e or 520g of Act No. 328 of the Public Acts of 1931, being sections 750.520b to 750.520e and 750.520g of the Michigan Compiled Laws.

    (iv) Vulnerable adult abuse that is a violation or an attempt or conspiracy to commit a violation of section 145n of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being section 750.145n of the Michigan Compiled Laws.

    (v) Child abuse that is a violation or an attempt or conspiracy to commit a violation of section 136b of Act No. 328 of the Public Acts of 1931, being section 750.136b of the Michigan Compiled Laws.

    (b) "Health care corporation" means a nonprofit health care corporation operating under the nonprofit health care corporation reform act, Act No. 350 of the Public Acts of 1980, being sections 550.1101 to 550.1704 of the Michigan Compiled Laws.

    (c) "Health care insurer" means an insurer authorized to provide health insurance in this state or a legal entity that is self-insured and provides health care benefits to its employees.

    (d) "Health maintenance organization" means an organization licensed under part 210 of the public health code, Act No. 368 of the Public Acts of 1978, being sections 333.21001 to 333.21098 of the Michigan Compiled Laws.

    (e) "Money" means any legal tender, note, draft, certificate of deposit, stock, bond, check, or credit card.

    (f) "Nonprofit dental care corporation" means a dental care corporation incorporated under Act No. 125 of the Public Acts of 1963, being sections 550.351 to 550.373 of the Michigan Compiled Laws.

    (g) "Person-centered planning" means a process for planning and supporting the individual receiving services that builds upon the individual's capacity to engage in activities that promote community life and that honors the individual's preferences, choices, and abilities. The person-centered planning process involves families, friends, and professionals as the individual desires or requires.

    (h) "Privileged communication" means a communication made to a psychiatrist or psychologist in connection with the examination, diagnosis, or treatment of a patient, or to another person while the other person is participating in the examination, diagnosis, or treatment or a communication made privileged under other applicable state or federal law.

    (i) "Restraint" means the use of a physical device to restrict an individual's movement. Restraint does not include the use of a device primarily intended to provide anatomical support.

    (j) "Seclusion" means the temporary placement of a recipient in a room, alone, where egress is prevented by any means.

    (k) "Support plan" means a written plan that specifies the personal support services or any other supports that are to be developed with and provided for a recipient.

    (l) "Treatment plan" means a written plan that specifies the goal-oriented treatment or training services, including rehabilitation or habilitation services, that are to be developed with and provided for a recipient.

History: 1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996

Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1982–2023 · leading case: People v. Carrier, 867 N.W.2d 463 (Mich. Ct. App. 2015).
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People v. Carrier, 867 N.W.2d 463 (Mich. Ct. App. 2015). · cites it 9× “Under MCL 330.1700(h), a “privileged communication” is “a communication made to a psychiatrist or psychologist in connection with the examination, diagnosis, or treatment of a patient, or to another person while the other person is participating in the examination, diagnosis, or…”
Dawe v. Dr Reuvan Bar-Levav & Assocs., Pc, 761 N.W.2d 318 (Mich. Ct. App. 2008). · cites it 4× “1946(1) applies only to mental-health professionals who are treating patients who are also "recipients" within the meaning of MCL 330.”
McLean v. McElhaney, 798 N.W.2d 29 (Mich. Ct. App. 2010). “In Saur , this Court held that the plaintiff-patient did not fit into the statutory definition of the term “recipient” in the Mental Health Code, in a prior version of MCL 330.1700. 7 Saur, 190 Mich App at 641 .”
Rocco v. Dep't of Mental Health, 319 N.W.2d 674 (Mich. Ct. App. 1982). · cites it 2× “The statute focuses on the duty of the health care facility towards its patients.”
Saur v. Probes, 476 N.W.2d 496 (Mich. Ct. App. 1991). “” See MCL 330.1700; MSA 14.800(700). Accordingly, we conclude that neither statute asserted by defendant is applicable to the facts of this case.”
Baker v. Oakwood Hosp. Corp., 608 N.W.2d 823 (Mich. Ct. App. 2000). “” MCL 330.1700(h); MSA 14.800(700)(h). The Mental Health Code provides that privileged communications “shall not be disclosed in civil, criminal, legislative, or administrative cases or proceedings, or in proceedings preliminary to such cases or proceedings, unless the patient…”
Ross v. Consumers Power Co., 363 N.W.2d 641 (Mich. 1985). · cites it 4× “The statute's purpose is to ensure that patients are treated in a humane manner and that their privacy is maintained.”
People of Michigan v. Andrew Thomas Cowhy (Mich. Ct. App. 2019). “” MCL 330.1700(h). Under MCL 330.1750(1), “[p]rivileged communications shall not be disclosed in civil, criminal, legislative, or administrative cases or proceedings, or in proceedings preliminary to such cases or proceedings, unless the patient has waived the privilege, except…”
People of Michigan v. Carl Thomas Masi (Mich. Ct. App. 2023). “2157 (physician-patient privilege); MCL 330.1700(h) (psychologist-patient privilege); MCL 600.”
— Mich. Comp. Laws § 330.1700(h) — 4 cases
People v. Carrier, 867 N.W.2d 463 (Mich. Ct. App. 2015). “Under MCL 330.1700(h), a “privileged communication” is “a communication made to a psychiatrist or psychologist in connection with the examination, diagnosis, or treatment of a patient, or to another person while the other person is participating in the examination, diagnosis, or…”
Baker v. Oakwood Hosp. Corp., 608 N.W.2d 823 (Mich. Ct. App. 2000). “” MCL 330.1700(h); MSA 14.800(700)(h). The Mental Health Code provides that privileged communications “shall not be disclosed in civil, criminal, legislative, or administrative cases or proceedings, or in proceedings preliminary to such cases or proceedings, unless the patient…”
People of Michigan v. Andrew Thomas Cowhy (Mich. Ct. App. 2019). “” MCL 330.1700(h). Under MCL 330.1750(1), “[p]rivileged communications shall not be disclosed in civil, criminal, legislative, or administrative cases or proceedings, or in proceedings preliminary to such cases or proceedings, unless the patient has waived the privilege, except…”
People of Michigan v. Carl Thomas Masi (Mich. Ct. App. 2023). “2157 (physician-patient privilege); MCL 330.1700(h) (psychologist-patient privilege); MCL 600.”
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