Therapists; create a felony for those who have sexual contact with patients.

H. B. No. 1568 *HR26/R2268* ~ OFFICIAL ~ G1/2
26/HR26/R2268
PAGE 1 (RF\KW)

To: Public Health and Human
Services
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Hobgood-Wilkes

HOUSE BILL NO. 1568

AN ACT TO CREATE NEW SECTION 97-3-102, MISSISSIPPI CODE OF 1
1972, TO PROVIDE A CRIME FOR A THERAPIST WHO ENGAGES IN SEXUAL 2
CONTACT WITH A PATIENT; TO AMEND SECTION 97-3-95, MISSISSIPPI CODE 3
OF 1972, TO INCLUDE THE TERM "THERAPIST" IN THE PROVISION OF LAW 4
THAT REGULATES THE CRIME OF SEXUAL BATTERY; TO AMEND SECTION 5
73-54-29, MISSISSIPPI CODE OF 1972, TO ADD ENGAGING IN SEXUAL 6
CONTACT WITH A PATIENT TO THE GROUNDS FOR DISCIPLINARY ACTION OF 7
MARRIAGE AND FAMILY THERAPISTS; TO AMEND SECTION 73-53-17, 8
MISSISSIPPI CODE OF 1972, TO ADD ENGAGING IN SEXUAL CONTACT WITH A 9
PATIENT TO THE GROUNDS FOR DISCIPLINARY ACTION OF SOCIAL WORKERS; 10
TO AMEND SECTION 73-30-21, MISSISSIPPI CODE OF 1972, TO ADD 11
ENGAGING IN SEXUAL CONTACT WITH A PATIENT TO THE GROUNDS FOR 12
DISCIPLINARY ACTION OF LICENSED PROFESSIONAL COUNSELORS; TO AMEND 13
SECTION 73-31-21, MISSISSIPPI CODE OF 1972, TO ADD ENGAGING IN 14
SEXUAL CONTACT WITH A PATIENT TO THE GROUNDS FOR DISCIPLINARY 15
ACTION OF PSYCHOLOGISTS; TO AMEND SECTION 73-25-29, MISSISSIPPI 16
CODE OF 1972, TO ADD ENGAGING IN SEXUAL CONTACT WITH A PATIENT TO 17
THE GROUNDS FOR DISCIPLINARY ACTION OF PHYSICIANS; TO BRING 18
FORWARD SECTION 97-3-97, MISSISSIPPI CODE OF 1972, WHICH PROVIDES 19
DEFINITIONS FOR THE CRIME OF SEXUAL BATTERY; TO BRING FORWARD 20
SECTION 97-3-101, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE 21
PENALTIES FOR THE CRIME OF SEXUAL BATTERY; TO PROVIDE ADDITIONAL 22
IMMUNITY FOR ANY PERSON WHO, IN GOOD FAITH, REPORTS ABUSE, NEGLECT 23
OR COMMERCIAL SEXUAL EXPLOITATION; TO REQUIRE ANY PERSON OR ENTITY 24
WHO LEARNS THAT AN ADULT WAS ABUSED AS A CHILD BY A PERSON WHO WAS 25
OR IS ASSOCIATED WITH THE PERSON OR ENTITY; TO PROVIDE IMMUNITY TO 26
SUCH PERSON FOR REPORTING; TO AMEND SECTIONS 43-21-353 AND 27
97-3-54.1, MISSISSIPPI CODE OF 1972, TO PROVIDE IMMUNITY FOR THE 28
REPORTER OF SEXUAL ABUSE WHICH MAY BE INCURRED AS A RESULT OF 29
REPORTING; TO BRING FORWARD SECTION 97-5-51, MISSISSIPPI CODE OF 30
1972, WHICH PROVIDES FOR MANDATORY REPORTING, FOR PURPOSES OF 31
AMENDMENT; AND FOR RELATED PURPOSES. 32
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 33
H. B. No. 1568 *HR26/R2268* ~ OFFICIAL ~
26/HR26/R2268
PAGE 2 (RF\KW)

SECTION 1. The following shall be codified as Section 34
97-3-102, Mississippi Code of 1972: 35
97-3-102. (1) For purposes of this section, the following 36
words and phrases shall be defined as provided in this subsection 37
unless the context clearly requires otherwise: 38
(a) "Clergy" means a priest, rabbi, Christian Science 39
practitioner, imam, minister, pastor, leader of any religious sect 40
or any spiritual leader of any church, religious body or religious 41
society, or person who holds himself or herself out to be a 42
priest, rabbi, Christian Science practitioner, imam, minister, 43
pastor, leader of any religious denomination or any spiritual 44
leader of any church, religious body or religious society. 45
(b) "Former patient or client" means a patient who 46
received services from the therapist within twelve (12) months 47
after the end of a patient or client-therapist relationship. 48
(c) "Mental health services" means the treatment, 49
assessment, or counseling of another person for a cognitive, 50
spiritual, behavioral, emotional, mental, or social issue. 51
(d) "Patient" means a person who receives paid or 52
unpaid services from the therapist. 53
(e) "Sexual contact" means kissing, touching, including 54
oral touching, of another person's inner thigh, breast, groin, 55
buttock, anus, pubes or genitals, whether clothed or unclothed, 56
sexual penetration as defined in Section 97-3-97, or encouraging 57
the patient to kiss, touch, including oral touch, of the patient's 58
H. B. No. 1568 *HR26/R2268* ~ OFFICIAL ~
26/HR26/R2268
PAGE 3 (RF\KW)

inner thigh, breast, groin, buttock, anus, pubes or genitals, 59
whether clothed or unclothed, or penetrate any opening of the 60
patient's body for the pleasure or gratification of the therapist. 61
(f) "Spiritual leader" means a person in a religious 62
sect whose primary purpose is to provide spiritual guidance, 63
enrichment and instruction for or on behalf of the religious 64
denomination. 65
(g) "Therapist" means a physician, psychologist, nurse, 66
counselor, substance abuse counselor, social worker, clergy, 67
marriage or family therapist, mental health service provider, 68
hypnotist, any associate thereof, or other person, regardless of 69
whether the person is licensed or certified by this state, who 70
provides or purports to provide mental health services. 71
(2) It shall be unlawful for any person who is a therapist 72
or who holds himself or herself out to be a therapist to have 73
sexual contact with a patient or former patient regardless of 74
whether the sexual contact occurs during any treatment, 75
consultation, counseling, interview or examination of the patient. 76
Any person convicted for a violation of this section shall be 77
guilty of a felony and punished by imprisonment for not more than 78
five (5) years in the custody of the Department of Corrections, 79
fined not more than Ten Thousand Dollars ($10,000.00), or both. 80
(3) Consent of the patient shall not be a defense to the 81
prohibition described in this section. 82
H. B. No. 1568 *HR26/R2268* ~ OFFICIAL ~
26/HR26/R2268
PAGE 4 (RF\KW)

(4) The provisions of this section shall not be construed to 83
replace any other applicable provisions of law. The penalties 84
described in this section may be used in addition to any other 85
penalties authorized by law for the described conduct. 86
(5) It is not a violation of this section if the therapist 87
and the patient engaged in sexual contact before the existence of 88
the therapist-patient relationship. 89
SECTION 2. Section 97-3-95, Mississippi Code of 1972, is 90
amended as follows: 91
97-3-95. (1) A person is guilty of sexual battery if he or 92
she engages in sexual penetration with: 93
(a) Another person without his or her consent; 94
(b) A mentally defective, mentally incapacitated or 95
physically helpless person; 96
(c) A child at least fourteen (14) but under sixteen 97
(16) years of age, if the person is thirty-six (36) or more months 98
older than the child; or 99
(d) A child under the age of fourteen (14) years of 100
age, if the person is twenty-four (24) or more months older than 101
the child. 102
(2) A person is guilty of sexual battery if he or she 103
engages in sexual penetration with a child under the age of 104
eighteen (18) years if the person is in a position of trust or 105
authority over the child including, without limitation, the 106
child's teacher, counselor, physician, psychiatrist, psychologist, 107
H. B. No. 1568 *HR26/R2268* ~ OFFICIAL ~
26/HR26/R2268
PAGE 5 (RF\KW)

minister, priest, physical therapist, chiropractor, legal 108
guardian, parent, stepparent, aunt, uncle, scout leader * * *, 109
coach or therapist as defined in Section 1 of this act. 110
SECTION 3. Section 73-54-29, Mississippi Code of 1972, is 111
amended as follows: 112
73-54-29. Licensees subject to this chapter shall conduct 113
their activities, services and practice in accordance with this 114
chapter and any rules promulgated under this chapter. Licensees 115
may be subject to the exercise of the disciplinary sanctions 116
enumerated in Section 73-53-23 if the board finds that a licensee 117
is guilty of any of the actions listed in Section 73-53-17(1) or 118
is guilty of any of the following: 119
(a) Violation of any provision of this chapter or any 120
rules or regulations of the board adopted under the provisions of 121
this chapter. 122
(b) Other just and sufficient cause which renders a 123
person unfit to practice marriage and family therapy as determined 124
by the board, but not limited to: 125
(i) Habitual use of alcohol or drugs to an extent 126
that affects professional competence; 127
(ii) Adjudication as being mentally incompetent by 128
a court of competent jurisdiction; 129
(iii) Practicing in a manner detrimental to the 130
public health and welfare; 131
H. B. No. 1568 *HR26/R2268* ~ OFFICIAL ~
26/HR26/R2268
PAGE 6 (RF\KW)

(iv) Revocation of a license or certification by a 132
licensing agency or by a certifying professional organization; 133
(v) Any other violation of this chapter or the 134
code of ethical standards of the American Association for Marriage 135
and Family Therapy or other ethical standards adopted by the board 136
under the provisions of this chapter; * * * 137
(vi) Continued practice although the individual 138
failed to renew and has a lapsed license * * *; or 139
(c) Violation of Section 1 of this act. 140
SECTION 4. Section 73-53-17, Mississippi Code of 1972, is 141
amended as follows: 142
73-53-17. (1) Individuals licensed by the board shall 143
conduct their activities, services and practice in accordance with 144
the laws governing their professional practice and any rules 145
promulgated by the board. Licensees and applicants may be subject 146
to the exercise of the sanctions enumerated in Section 73-53-23 if 147
the board finds that a licensee or applicant has committed any of 148
the following: 149
(a) Negligence in the practice or performance of 150
professional services or activities; 151
(b) Engaging in dishonorable, unethical or 152
unprofessional conduct of a character likely to deceive, defraud 153
or harm the public in the course of professional services or 154
activities; 155
H. B. No. 1568 *HR26/R2268* ~ OFFICIAL ~
26/HR26/R2268
PAGE 7 (RF\KW)

(c) Perpetrating or cooperating in fraud or material 156
deception in obtaining or renewing a license or attempting the 157
same; 158
(d) Violating the rules and regulations established by 159
the board; 160
(e) Violating the National Association of Social 161
Workers Code of Ethics or the American Association for Marriage 162
and Family Therapy Code of Ethics; 163
(f) Being convicted of any crime which has a 164
substantial relationship to the licensee's activities and services 165
or an essential element of which is misstatement, fraud or 166
dishonesty; 167
(g) Being convicted of any crime which is a felony 168
under the laws of this state or of the United States of America; 169
(h) Engaging in or permitting the performance of 170
unacceptable services personally due to the licensee's deliberate 171
or grossly negligent act or acts or failure to act, regardless of 172
whether actual damage or damages to the public is established, or 173
assuming responsibility for another's work by signing documents 174
without personal knowledge of the work as established by board 175
rule; 176
(i) Continued practice although the licensee has become 177
unfit to practice social work due to: (i) failure to keep abreast 178
of current professional theory or practice; or (ii) physical or 179
mental disability; the entry of an order or judgment by a court of 180
H. B. No. 1568 *HR26/R2268* ~ OFFICIAL ~
26/HR26/R2268
PAGE 8 (RF\KW)

competent jurisdiction that a licensee is in need of mental 181
treatment or is incompetent shall constitute mental disability; or 182
(iii) addiction or severe dependency upon alcohol or other drugs 183
which may endanger the public by impairing the licensee's ability 184
to practice; 185
(j) Continued practice although the individual failed 186
to renew and has a lapsed license; 187
(k) Having disciplinary action taken against the 188
licensee's license in another state; 189
(l) Making differential, detrimental treatment against 190
any person because of race, color, creed, sex, religion or 191
national origin; 192
(m) Engaging in lewd conduct in connection with 193
professional services or activities; 194
(n) Engaging in false or misleading advertising; 195
(o) Contracting, assisting or permitting unlicensed 196
persons to perform services for which a license is required under 197
this article; 198
(p) Violation of any probation requirements placed on a 199
licensee by the board; 200
(q) Revealing confidential information except as may be 201
required by law; 202
(r) Failing to inform clients of the fact that the 203
client no longer needs the services or professional assistance of 204
the licensee; 205
H. B. No. 1568 *HR26/R2268* ~ OFFICIAL ~
26/HR26/R2268
PAGE 9 (RF\KW)

(s) Charging excessive or unreasonable fees or engaging 206
in unreasonable collection practices * * *; or 207
(t) Violating of Section 1 of this act. 208
(2) The board may order a licensee to submit to a reasonable 209
physical or mental examination if the licensee's physical or 210
mental capacity to practice safely is at issue in a disciplinary 211
proceeding. 212
(3) Failure to comply with a board order to submit to a 213
physical or mental examination shall render a licensee subject to 214
the summary suspension procedures described in Section 73-53-23. 215
(4) In addition to the reasons specified in subsection (1) 216
of this section, the board shall be authorized to suspend the 217
license of any licensee for being out of compliance with an order 218
for support, as defined in Section 93-11-153. The procedure for 219
suspension of a license for being out of compliance with an order 220
for support, and the procedure for the reissuance or reinstatement 221
of a license suspended for that purpose, and the payment of any 222
fees for the reissuance or reinstatement of a license suspended 223
for that purpose, shall be governed by Section 93-11-157 or 224
93-11-163, as the case may be. If there is any conflict between 225
any provision of Section 93-11-157 or 93-11-163 and any provision 226
of this article, the provisions of Section 93-11-157 or 93-11-163, 227
as the case may be, shall control. 228
SECTION 5. Section 73-30-21, Mississippi Code of 1972, is 229
amended as follows: 230
H. B. No. 1568 *HR26/R2268* ~ OFFICIAL ~
26/HR26/R2268
PAGE 10 (RF\KW)

73-30-21. (1) The board may, after notice and opportunity 231
for a hearing, suspend, revoke or refuse to issue or renew a 232
license or the privilege to practice or may reprimand the license 233
holder or holder of the privilege to practice, upon a 234
determination by the board that such license holder or holder of 235
the privilege to practice or applicant for licensure or the 236
privilege to practice has: 237
(a) Been adjudged by any court to be mentally 238
incompetent or have had a guardian of person appointed; 239
(b) Been convicted of a felony; 240
(c) Sworn falsely under oath or affirmation; 241
(d) Obtained a license or certificate or the privilege 242
to practice by fraud, deceit or other misrepresentation; 243
(e) Engaged in the conduct of professional counseling 244
in a grossly negligent or incompetent manner; 245
(f) Intentionally violated any provision of this 246
article; 247
(g) Violated any rules or regulations of the 248
board; * * * 249
(h) Aided or assisted another in falsely obtaining a 250
license or the privilege to practice under this article * * *; or 251
(i) Violated Section 1 of this act. 252
With regard to a refusal to issue a privilege to practice, 253
such refusal by the board shall be in accordance with the terms of 254
H. B. No. 1568 *HR26/R2268* ~ OFFICIAL ~
26/HR26/R2268
PAGE 11 (RF\KW)

the Professional Counseling Compact instead of this subsection 255
(1). 256
(2) Appeals from disciplinary action are to be brought in 257
the circuit court in the county of residence of the practitioner. 258
In the event the practitioner resides out of state the appeal 259
should be brought in Hinds County Circuit Court. 260
(3) The board may assess and levy upon any licensee, 261
practitioner or applicant for licensure or the privilege to 262
practice the costs incurred or expended by the board in the 263
investigation and prosecution of any licensure, privilege to 264
practice or disciplinary action, including, but not limited to, 265
the costs of process service, court reporters, expert witnesses, 266
investigators and attorney's fees. 267
(4) No revoked license or privilege to practice may be 268
reinstated within twelve (12) months after such revocation. 269
Reinstatement thereafter shall be upon such conditions as the 270
board may prescribe, which may include, without being limited to, 271
successful passing of the examination required by this article. 272
(5) A license or privilege to practice certificate issued by 273
the board is the property of the board and must be surrendered on 274
demand. 275
(6) The chancery court is hereby vested with the 276
jurisdiction and power to enjoin the unlawful practice of 277
counseling and/or the false representation as a licensed counselor 278
H. B. No. 1568 *HR26/R2268* ~ OFFICIAL ~
26/HR26/R2268
PAGE 12 (RF\KW)

in a proceeding brought by the board or any members thereof or by 279
any citizen of this state. 280
(7) In addition to the reasons specified in subsection (1) 281
of this section, the board shall be authorized to suspend the 282
license of any licensee for being out of compliance with an order 283
for support, as defined in Section 93-11-153. The procedure for 284
suspension of a license for being out of compliance with an order 285
for support, and the procedure for the reissuance or reinstatement 286
of a license suspended for that purpose, and the payment of any 287
fees for the reissuance or reinstatement of a license suspended 288
for that purpose, shall be governed by Section 93-11-157 or 289
93-11-163, as the case may be. If there is any conflict between 290
any provision of Section 93-11-157 or 93-11-163 and any provision 291
of this article, the provisions of Section 93-11-157 or 93-11-163, 292
as the case may be, shall control. 293
SECTION 6. Section 73-31-21, Mississippi Code of 1972, is 294
amended as follows: 295
73-31-21. (1) The board, by an affirmative vote of at least 296
four (4) of its seven (7) members, shall withhold, deny, revoke or 297
suspend any license issued or applied for in accordance with the 298
provisions of this article, or otherwise discipline a licensed 299
psychologist, upon proof that the applicant or licensed 300
psychologist: 301
H. B. No. 1568 *HR26/R2268* ~ OFFICIAL ~
26/HR26/R2268
PAGE 13 (RF\KW)

(a) Has violated the current code of ethics of the 302
American Psychological Association or other codes of ethical 303
standards adopted by the board; or 304
(b) Has been convicted of a felony or any offense 305
involving moral turpitude, the record of conviction being 306
conclusive evidence thereof; or 307
(c) Is using any substance or any alcoholic beverage to 308
an extent or in a manner dangerous to any other person or the 309
public, or to an extent that the use impairs his or her ability to 310
perform the work of a professional psychologist with safety to the 311
public; or 312
(d) Has impersonated another person holding a 313
psychologist license or allowed another person to use his or her 314
license; or 315
(e) Has used fraud or deception in applying for a 316
license or in taking an examination provided for in this article; 317
or 318
(f) Has accepted commissions or rebates or other forms 319
of remuneration for referring clients to other professional 320
persons; or 321
(g) Has performed psychological services outside of the 322
area of his or her training, experience or competence; or 323
(h) Has allowed his or her name or license issued under 324
this article to be used in connection with any person or persons 325
H. B. No. 1568 *HR26/R2268* ~ OFFICIAL ~
26/HR26/R2268
PAGE 14 (RF\KW)

who perform psychological services outside of the area of their 326
training, experience or competence; or 327
(i) Is legally adjudicated mentally incompetent, the 328
record of that adjudication being conclusive evidence thereof; or 329
(j) Has willfully or negligently violated any of the 330
provisions of this article. The board may recover from any person 331
disciplined under this article, the costs of investigation, 332
prosecution, and adjudication of the disciplinary action * * *; or 333
(k) Has violated of Section 1 of this act. 334
(2) Notice shall be effected by registered mail or personal 335
service setting forth the particular reasons for the proposed 336
action and fixing a date not less than thirty (30) days nor more 337
than sixty (60) days from the date of the mailing or that service, 338
at which time the applicant or licensee shall be given an 339
opportunity for a prompt and fair hearing. For the purpose of the 340
hearing, the board, acting by and through its executive secretary, 341
may subpoena persons and papers on its own behalf and on behalf of 342
the applicant or licensee, may administer oaths and may take 343
testimony. That testimony, when properly transcribed, together 344
with the papers and exhibits, shall be admissible in evidence for 345
or against the applicant or licensee. At the hearing, the 346
applicant or licensee may appear by counsel and personally in his 347
or her own behalf. Any person sworn and examined by a witness in 348
the hearing shall not be held to answer criminally, nor shall any 349
papers or documents produced by the witness be competent evidence 350
H. B. No. 1568 *HR26/R2268* ~ OFFICIAL ~
26/HR26/R2268
PAGE 15 (RF\KW)

in any criminal proceedings against the witness other than for 351
perjury in delivering his or her evidence. On the basis of any 352
such hearing, or upon default of applicant or licensee, the board 353
shall make a determination specifying its findings of fact and 354
conclusions of law. A copy of that determination shall be sent by 355
registered mail or served personally upon the applicant or 356
licensee. The decision of the board denying, revoking or 357
suspending the license shall become final thirty (30) days after 358
so mailed or served, unless within that period the applicant or 359
licensee appeals the decision to the chancery court, under the 360
provisions hereof, and the proceedings in chancery shall be 361
conducted as other matters coming before the court. All 362
proceedings and evidence, together with exhibits, presented at the 363
hearing before the board shall be admissible in evidence in court 364
in the appeal. 365
(3) The board may subpoena persons and papers on its own 366
behalf and on behalf of the respondent, may administer oaths and 367
may compel the testimony of witnesses. It may issue commissions 368
to take testimony, and testimony so taken and sworn to shall be 369
admissible in evidence for and against the respondent. The board 370
shall be entitled to the assistance of the chancery court or the 371
chancellor in vacation, which, on petition by the board, shall 372
issue ancillary subpoenas and petitions and may punish as for 373
contempt of court in the event of noncompliance therewith. 374
H. B. No. 1568 *HR26/R2268* ~ OFFICIAL ~
26/HR26/R2268
PAGE 16 (RF\KW)

(4) Every order and judgment of the board shall take effect 375
immediately on its promulgation unless the board in the order or 376
judgment fixes a probationary period for the applicant or 377
licensee. The order and judgment shall continue in effect unless 378
upon appeal the court by proper order or decree terminates it 379
earlier. The board may make public its order and judgments in 380
any manner and form as it deems proper. It shall, in event of the 381
suspension or revocation of a license, direct the clerk of the 382
circuit court of the county in which that license was recorded to 383
cancel that record. 384
(5) Nothing in this section shall be construed as limiting 385
or revoking the authority of any court or of any licensing or 386
registering officer or board, other than the Mississippi Board of 387
Psychology, to suspend, revoke and reinstate licenses and to 388
cancel registrations under the provisions of Section 41-29-311. 389
(6) Suspension by the board of the license of a psychologist 390
shall be for a period not exceeding one (1) year. At the end of 391
this period the board shall reevaluate the suspension, and shall 392
either reinstate or revoke the license. A person whose license 393
has been revoked under the provisions of this section may reapply 394
for a license after more than two (2) years have elapsed from the 395
date that the denial or revocation is legally effective. 396
(7) In addition to the reasons specified in subsection (1) 397
of this section, the board shall be authorized to suspend the 398
license of any licensee for being out of compliance with an order 399
H. B. No. 1568 *HR26/R2268* ~ OFFICIAL ~
26/HR26/R2268
PAGE 17 (RF\KW)

for support, as defined in Section 93-11-153. The procedure for 400
suspension of a license for being out of compliance with an order 401
for support, and the procedure for the reissuance or reinstatement 402
of a license suspended for that purpose, and the payment of any 403
fees for the reissuance or reinstatement of a license suspended 404
for that purpose, shall be governed by Section 93-11-157. Actions 405
taken by the board in suspending a license when required by 406
Section 93-11-157 or 93-11-163 are not actions from which an 407
appeal may be taken under this section. Any appeal of a license 408
suspension that is required by Section 93-11-157 or 93-11-163 409
shall be taken in accordance with the appeal procedure specified 410
in Section 93-11-157 or 93-11-163, as the case may be, rather than 411
the procedure specified in this section. If there is any conflict 412
between any provision of Section 93-11-157 or 93-11-163 and any 413
provision of this article, the provisions of Section 93-11-157 or 414
93-11-163, as the case may be, shall control. 415
(8) The board may issue a nondisciplinary, educational 416
letter to licensees as provided in Section 73-31-7(2)(g). The 417
board may also direct a psychologist to obtain a formal assessment 418
of ability to practice safely if there is reason to believe there 419
may be impairment due to substance abuse or mental incapacity. 420
Licensees who may be impaired, but who are able to practice 421
safely, may be required by the board to seek appropriate treatment 422
and/or supervision. That action by the board in itself will not 423
be considered disciplinary. 424
H. B. No. 1568 *HR26/R2268* ~ OFFICIAL ~
26/HR26/R2268
PAGE 18 (RF\KW)

(9) The board may discipline any person who has been granted 425
the authority to practice interjurisdictional telepsychology or 426
the temporary authorization to practice under the Psychology 427
Interjurisdictional Compact provided for under Section 73-31-51, 428
for any of the grounds specified in subsection (1) of this section 429
in the same manner as the board disciplines a licensed 430
psychologist under this section. 431
SECTION 7. Section 73-25-29, Mississippi Code of 1972, is 432
amended as follows: 433
73-25-29. The grounds for the nonissuance, suspension, 434
revocation or restriction of a license or the denial of 435
reinstatement or renewal of a license are: 436
(1) Habitual personal use of narcotic drugs, or any 437
other drug having addiction-forming or addiction-sustaining 438
liability. 439
(2) Habitual use of intoxicating liquors, or any 440
beverage, to an extent which affects professional competency. 441
(3) Administering, dispensing or prescribing any 442
narcotic drug, or any other drug having addiction-forming or 443
addiction-sustaining liability otherwise than in the course of 444
legitimate professional practice. 445
(4) Conviction of violation of any federal or state law 446
regulating the possession, distribution or use of any narcotic 447
drug or any drug considered a controlled substance under state or 448
federal law, a certified copy of the conviction order or judgment 449
H. B. No. 1568 *HR26/R2268* ~ OFFICIAL ~
26/HR26/R2268
PAGE 19 (RF\KW)

rendered by the trial court being prima facie evidence thereof, 450
notwithstanding the pendency of any appeal. 451
(5) Procuring, or attempting to procure, or aiding in, 452
an abortion that is not medically indicated. 453
(6) Conviction of a felony or misdemeanor involving 454
moral turpitude, a certified copy of the conviction order or 455
judgment rendered by the trial court being prima facie evidence 456
thereof, notwithstanding the pendency of any appeal. 457
(7) Obtaining or attempting to obtain a license by 458
fraud or deception. 459
(8) Unprofessional conduct, which includes, but is not 460
limited to: 461
(a) Practicing medicine under a false or assumed 462
name or impersonating another practitioner, living or dead. 463
(b) Knowingly performing any act which in any way 464
assists an unlicensed person to practice medicine. 465
(c) Making or willfully causing to be made any 466
flamboyant claims concerning the licensee's professional 467
excellence. 468
(d) Being guilty of any dishonorable or unethical 469
conduct likely to deceive, defraud or harm the public. 470
(e) Obtaining a fee as personal compensation or 471
gain from a person on fraudulent representation of a disease or 472
injury condition generally considered incurable by competent 473
medical authority in the light of current scientific knowledge and 474
H. B. No. 1568 *HR26/R2268* ~ OFFICIAL ~
26/HR26/R2268
PAGE 20 (RF\KW)

practice can be cured or offering, undertaking, attempting or 475
agreeing to cure or treat the same by a secret method, which he 476
refuses to divulge to the board upon request. 477
(f) Use of any false, fraudulent or forged 478
statement or document, or the use of any fraudulent, deceitful, 479
dishonest or immoral practice in connection with any of the 480
licensing requirements, including the signing in his professional 481
capacity any certificate that is known to be false at the time he 482
makes or signs such certificate. 483
(g) Failing to identify a physician's school of 484
practice in all professional uses of his name by use of his earned 485
degree or a description of his school of practice. 486
(h) Violating Section 1 of this act. 487
(9) The refusal of a licensing authority of another 488
state or jurisdiction to issue or renew a license, permit or 489
certificate to practice medicine in that jurisdiction or the 490
revocation, suspension or other restriction imposed on a license, 491
permit or certificate issued by such licensing authority which 492
prevents or restricts practice in that jurisdiction, a certified 493
copy of the disciplinary order or action taken by the other state 494
or jurisdiction being prima facie evidence thereof, 495
notwithstanding the pendency of any appeal. 496
(10) Surrender of a license or authorization to 497
practice medicine in another state or jurisdiction or surrender of 498
membership on any medical staff or in any medical or professional 499
H. B. No. 1568 *HR26/R2268* ~ OFFICIAL ~
26/HR26/R2268
PAGE 21 (RF\KW)

association or society while under disciplinary investigation by 500
any of those authorities or bodies for acts or conduct similar to 501
acts or conduct which would constitute grounds for action as 502
defined in this section. 503
(11) Final sanctions imposed by the United States 504
Department of Health and Human Services, Office of Inspector 505
General or any successor federal agency or office, based upon a 506
finding of incompetency, gross misconduct or failure to meet 507
professionally recognized standards of health care; a certified 508
copy of the notice of final sanction being prima facie evidence 509
thereof. As used in this paragraph, the term "final sanction" 510
means the written notice to a physician from the United States 511
Department of Health and Human Services, Officer of Inspector 512
General or any successor federal agency or office, which 513
implements the exclusion. 514
(12) Failure to furnish the board, its investigators or 515
representatives information legally requested by the board. 516
(13) Violation of any provision(s) of the Medical 517
Practice Act or the rules and regulations of the board or of any 518
order, stipulation or agreement with the board. 519
(14) Violation(s) of the provisions of Sections 520
41-121-1 through 41-121-9 relating to deceptive advertisement by 521
health care practitioners. 522
H. B. No. 1568 *HR26/R2268* ~ OFFICIAL ~
26/HR26/R2268
PAGE 22 (RF\KW)

(15) Performing or inducing an abortion on a woman in 523
violation of any provision of Sections 41-41-131 through 524
41-41-145. 525
(16) Performing an abortion on a pregnant woman after 526
determining that the unborn human individual that the pregnant 527
woman is carrying has a detectable fetal heartbeat as provided in 528
Section 41-41-34.1. 529
(17) Violation(s) of any provision of Title 41, Chapter 530
141, Mississippi Code of 1972. 531
In addition to the grounds specified above, the board shall 532
be authorized to suspend the license of any licensee for being out 533
of compliance with an order for support, as defined in Section 534
93-11-153. The procedure for suspension of a license for being 535
out of compliance with an order for support, and the procedure for 536
the reissuance or reinstatement of a license suspended for that 537
purpose, and the payment of any fees for the reissuance or 538
reinstatement of a license suspended for that purpose, shall be 539
governed by Section 93-11-157 or 93-11-163, as the case may be. 540
If there is any conflict between any provision of Section 541
93-11-157 or 93-11-163 and any provision of this chapter, the 542
provisions of Section 93-11-157 or 93-11-163, as the case may be, 543
shall control. 544
A physician who provides a written certification as 545
authorized under the Mississippi Medical Cannabis Act and in 546
compliance with rules and regulations adopted thereunder shall not 547
H. B. No. 1568 *HR26/R2268* ~ OFFICIAL ~
26/HR26/R2268
PAGE 23 (RF\KW)

be subject to any disciplinary action under this section solely 548
due to providing the written certification. 549
SECTION 8. Section 97-3-97, Mississippi Code of 1972, is 550
brought forward as follows: 551
97-3-97. For purposes of Sections 97-3-95 through 97-3-103 552
the following words shall have the meaning ascribed herein unless 553
the context otherwise requires: 554
(a) "Sexual penetration" includes cunnilingus, 555
fellatio, buggery or pederasty, any penetration of the genital or 556
anal openings of another person's body by any part of a person's 557
body, and insertion of any object into the genital or anal 558
openings of another person's body. 559
(b) A "mentally defective person" is one who suffers 560
from a mental disease, defect or condition which renders that 561
person temporarily or permanently incapable of knowing the nature 562
and quality of his or her conduct. 563
(c) A "mentally incapacitated person" is one rendered 564
incapable of knowing or controlling his or her conduct, or 565
incapable of resisting an act due to the influence of any drug, 566
narcotic, anesthetic, or other substance administered to that 567
person without his or her consent. 568
(d) A "physically helpless person" is one who is 569
unconscious or one who for any other reason is physically 570
incapable of communicating an unwillingness to engage in an act. 571
H. B. No. 1568 *HR26/R2268* ~ OFFICIAL ~
26/HR26/R2268
PAGE 24 (RF\KW)

SECTION 9. Section 97-3-101, Mississippi Code of 1972, is 572
brought forward as follows: 573
97-3-101. (1) Every person who shall be convicted of sexual 574
battery under Section 97-3-95(1)(a), (b) or (2) shall be 575
imprisoned in the State Penitentiary for a period of not more than 576
thirty (30) years, and for a second or subsequent such offense 577
shall be imprisoned in the Penitentiary for not more than forty 578
(40) years. 579
(2) (a) Every person who shall be convicted of sexual 580
battery under Section 97-3-95(1)(c) who is at least eighteen (18) 581
but under twenty-one (21) years of age shall be imprisoned for not 582
more than five (5) years in the State Penitentiary or fined not 583
more than Five Thousand Dollars ($5,000.00), or both; 584
(b) Every person who shall be convicted of sexual 585
battery under Section 97-3-95(1)(c) who is twenty-one (21) years 586
of age or older shall be imprisoned not more than thirty (30) 587
years in the State Penitentiary or fined not more than Ten 588
Thousand Dollars ($10,000.00), or both, for the first offense, and 589
not more than forty (40) years in the State Penitentiary for each 590
subsequent offense. 591
(3) Every person who shall be convicted of sexual battery 592
under Section 97-3-95(1)(d) who is eighteen (18) years of age or 593
older shall be imprisoned for life in the State Penitentiary or 594
such lesser term of imprisonment as the court may determine, but 595
not less than twenty (20) years. 596
H. B. No. 1568 *HR26/R2268* ~ OFFICIAL ~
26/HR26/R2268
PAGE 25 (RF\KW)

(4) Every person who shall be convicted of sexual battery 597
who is thirteen (13) years of age or older but under eighteen (18) 598
years of age shall be sentenced to such imprisonment, fine or 599
other sentence as the court, in its discretion, may determine. 600
(5) (a) Upon conviction under this section, the court may 601
issue a criminal sexual assault protection order prohibiting the 602
offender from any contact with the victim, without regard to the 603
relationship between the victim and offender. The court may 604
include in a criminal sexual assault protection order any relief 605
available under Section 93-21-15. The term of a criminal sexual 606
assault protection order shall be for a time period determined by 607
the court, but all orders shall, at a minimum, remain in effect 608
for a period of two (2) years following the expiration of any 609
sentence of imprisonment and subsequent period of community 610
supervision, conditional release, probation, or parole. Upon 611
issuance of a criminal sexual assault protection order, the clerk 612
of the issuing court shall enter the order in the Mississippi 613
Protection Order Registry within twenty-four (24) hours of 614
issuance with no exceptions for weekends or holidays as provided 615
in Section 93-21-25, and a copy must be provided to both the 616
victim and offender. 617
(b) Criminal sexual assault protection orders shall be 618
issued on the standardized form developed by the Office of the 619
Attorney General. 620
H. B. No. 1568 *HR26/R2268* ~ OFFICIAL ~
26/HR26/R2268
PAGE 26 (RF\KW)

(c) It is a misdemeanor to knowingly violate any 621
condition of a criminal sexual assault protection order. Upon 622
conviction for a violation, the defendant shall be punished by a 623
fine of not more than Five Hundred Dollars ($500.00) or by 624
imprisonment in the county jail for not more than six (6) months, 625
or both. Any sentence imposed for the violation of a criminal 626
sexual assault protection order shall run consecutively to any 627
other sentences imposed on the offender. The court may extend the 628
criminal sexual assault protection order for a period of one (1) 629
year for each violation. The incarceration of a person at the 630
time of the violation is not a bar to prosecution under this 631
section. Nothing in this subsection shall be construed to 632
prohibit the imposition of any other penalties or disciplinary 633
action otherwise allowed by law or policy. 634
SECTION 10. In addition to any other immunity provided by 635
law, any person or entity who reports abuse, neglect and/or 636
commercial sexual exploitation or human trafficking or any other 637
form of sexual battery or rape regardless of when the incident 638
occurred or the age of the victim when the person or entity learns 639
of such, shall be presumed to be acting in good faith; and be 640
immune from civil and criminal liability arising from the act of 641
reporting that might otherwise be incurred for such reporting. 642
SECTION 11. (1) Any person who is listed as a mandatory 643
reporter or any other person or entity that learns in their 644
professional capacity that an adult was sexually, emotionally or 645
H. B. No. 1568 *HR26/R2268* ~ OFFICIAL ~
26/HR26/R2268
PAGE 27 (RF\KW)

physically abused as a child by a person who is associated with 646
the mandatory reporter, the person or the entity shall report the 647
abuse. 648
(2) Any person who reports abuse as required by subsection 649
(1) of this section shall be immune from liability which may be 650
incurred by the act of reporting or disclosing confidential 651
information. 652
SECTION 12. Section 43-21-353, Mississippi Code of 1972, is 653
amended as follows: 654
43-21-353. (1) Any attorney, physician, dentist, intern, 655
resident, nurse, psychologist, social worker, family protection 656
worker, family protection specialist, child caregiver, minister, 657
law enforcement officer, public or private school employee or any 658
other person having reasonable cause to suspect that a child is a 659
neglected child, an abused child, or a victim of commercial sexual 660
exploitation or human trafficking shall cause an oral report to be 661
made immediately by telephone or otherwise and followed as soon 662
thereafter as possible by a report in writing to the Department of 663
Child Protection Services, and immediately a referral shall be 664
made by the Department of Child Protection Services to the youth 665
court intake unit, which unit shall promptly comply with Section 666
43-21-357. In the course of an investigation, at the initial time 667
of contact with the individual(s) about whom a report has been 668
made under this Youth Court Act or with the individual(s) 669
responsible for the health or welfare of a child about whom a 670
H. B. No. 1568 *HR26/R2268* ~ OFFICIAL ~
26/HR26/R2268
PAGE 28 (RF\KW)

report has been made under this chapter, the Department of Child 671
Protection Services shall inform the individual of the specific 672
complaints or allegations made against the individual. Consistent 673
with subsection (4), the identity of the person who reported his 674
or her suspicion shall not be disclosed at that point. Where 675
appropriate, the Department of Child Protection Services shall 676
additionally make a referral to the youth court prosecutor. 677
Upon receiving a report that a child has been sexually 678
abused, is a victim of commercial sexual exploitation or human 679
trafficking or has been burned, tortured, mutilated or otherwise 680
physically abused in such a manner as to cause serious bodily 681
harm, or upon receiving any report of abuse that would be a felony 682
under state or federal law, the Department of Child Protection 683
Services shall immediately notify the law enforcement agency in 684
whose jurisdiction the abuse occurred. Within forty-eight (48) 685
hours, the department must notify the appropriate prosecutor and 686
the Statewide Human Trafficking Coordinator. The department shall 687
have the duty to provide the law enforcement agency all the names 688
and facts known at the time of the report; this duty shall be of a 689
continuing nature. The law enforcement agency and the department 690
shall investigate the reported abuse immediately and shall file a 691
preliminary report with the appropriate prosecutor's office within 692
twenty-four (24) hours and shall make additional reports as new or 693
additional information or evidence becomes available. The 694
department shall advise the clerk of the youth court and the youth 695
H. B. No. 1568 *HR26/R2268* ~ OFFICIAL ~
26/HR26/R2268
PAGE 29 (RF\KW)

court prosecutor of all cases of abuse reported to the department 696
within seventy-two (72) hours and shall update such report as 697
information becomes available. In addition, if the Department of 698
Child Protection Services determines that a parent or other person 699
responsible for the care or welfare of an abused or neglected 700
child maintains active duty status within the military, the 701
department shall notify the applicable military installation 702
family advocacy program that there is an allegation of abuse or 703
neglect that relates to that child. 704
(2) Any report shall contain the names and addresses of the 705
child and his parents or other persons responsible for his care, 706
if known, the child's age, the nature and extent of the child's 707
injuries, including any evidence of previous injuries, any other 708
information that might be helpful in establishing the cause of the 709
injury, and the identity of the perpetrator. 710
(3) The Department of Child Protection Services shall 711
maintain a statewide incoming wide-area telephone service or 712
similar service for the purpose of receiving reports of suspected 713
cases of child abuse, commercial sexual exploitation or human 714
trafficking; provided that any attorney, physician, dentist, 715
intern, resident, nurse, psychologist, social worker, family 716
protection worker, family protection specialist, child caregiver, 717
minister, law enforcement officer or public or private school 718
employee who is required to report under subsection (1) of this 719
section shall report in the manner required in subsection (1). 720
H. B. No. 1568 *HR26/R2268* ~ OFFICIAL ~
26/HR26/R2268
PAGE 30 (RF\KW)

(4) Reports of abuse, neglect and commercial sexual 721
exploitation or human trafficking made under this chapter and the 722
identity of the reporter are confidential except when the court in 723
which the investigation report is filed, in its discretion, 724
determines the testimony of the person reporting to be material to 725
a judicial proceeding or when the identity of the reporter is 726
released to law enforcement agencies and the appropriate 727
prosecutor pursuant to subsection (1). Reports made under this 728
section to any law enforcement agency or prosecutorial officer are 729
for the purpose of criminal investigation and prosecution only and 730
no information from these reports may be released to the public 731
except as provided by Section 43-21-261. Disclosure of any 732
information by the prosecutor shall be according to the 733
Mississippi Uniform Rules of Circuit and County Court Procedure. 734
The identity of the reporting party shall not be disclosed to 735
anyone other than law enforcement officers or prosecutors without 736
an order from the appropriate youth court. Any person disclosing 737
any reports made under this section in a manner not expressly 738
provided for in this section or Section 43-21-261 shall be guilty 739
of a misdemeanor and subject to the penalties prescribed by 740
Section 43-21-267. Notwithstanding the confidentiality of the 741
reporter's identity under this section, the Department of Child 742
Protection Services may disclose a reporter's identity to the 743
appropriate law enforcement agency or prosecutor if the department 744
has reason to suspect the reporter has made a fraudulent report, 745
H. B. No. 1568 *HR26/R2268* ~ OFFICIAL ~
26/HR26/R2268
PAGE 31 (RF\KW)

and the Department of Child Protection Services must provide to 746
the subject of the alleged fraudulent report written notification 747
of the disclosure. 748
(5) All final dispositions of law enforcement investigations 749
described in subsection (1) of this section shall be determined 750
only by the appropriate prosecutor or court. All final 751
dispositions of investigations by the Department of Child 752
Protection Services as described in subsection (1) of this section 753
shall be determined only by the youth court. Reports made under 754
subsection (1) of this section by the Department of Child 755
Protection Services to the law enforcement agency and to the 756
district attorney's office shall include the following, if known 757
to the department: 758
(a) The name and address of the child; 759
(b) The names and addresses of the parents; 760
(c) The name and address of the suspected perpetrator; 761
(d) The names and addresses of all witnesses, including 762
the reporting party if a material witness to the abuse; 763
(e) A brief statement of the facts indicating that the 764
child has been abused, including whether the child experienced 765
commercial sexual exploitation or human trafficking, and any other 766
information from the agency files or known to the family 767
protection worker or family protection specialist making the 768
investigation, including medical records or other records, which 769
H. B. No. 1568 *HR26/R2268* ~ OFFICIAL ~
26/HR26/R2268
PAGE 32 (RF\KW)

may assist law enforcement or the district attorney in 770
investigating and/or prosecuting the case; and 771
(f) What, if any, action is being taken by the 772
Department of Child Protection Services. 773
(6) In any investigation of a report made under this chapter 774
of the abuse or neglect of a child as defined in Section 775
43-21-105(l) or (m), the Department of Child Protection Services 776
may request the appropriate law enforcement officer with 777
jurisdiction to accompany the department in its investigation, and 778
in such cases the law enforcement officer shall comply with such 779
request. 780
(7) Anyone who willfully violates any provision of this 781
section shall be, upon being found guilty, punished by a fine not 782
to exceed Five Thousand Dollars ($5,000.00), or by imprisonment in 783
jail not to exceed one (1) year, or both. 784
(8) If a report is made directly to the Department of Child 785
Protection Services that a child has been abused or neglected or 786
experienced commercial sexual exploitation or human trafficking in 787
an out-of-home setting, a referral shall be made immediately to 788
the law enforcement agency in whose jurisdiction the abuse 789
occurred and the department shall notify the district attorney's 790
office and the Statewide Human Trafficking Coordinator within 791
forty-eight (48) hours of such report. The Department of Child 792
Protection Services shall investigate the out-of-home setting 793
report of abuse or neglect to determine whether the child who is 794
H. B. No. 1568 *HR26/R2268* ~ OFFICIAL ~
26/HR26/R2268
PAGE 33 (RF\KW)

the subject of the report, or other children in the same 795
environment, comes within the jurisdiction of the youth court and 796
shall report to the youth court the department's findings and 797
recommendation as to whether the child who is the subject of the 798
report or other children in the same environment require the 799
protection of the youth court. The law enforcement agency shall 800
investigate the reported abuse immediately and shall file a 801
preliminary report with the district attorney's office within 802
forty-eight (48) hours and shall make additional reports as new 803
information or evidence becomes available. If the out-of-home 804
setting is a licensed facility, an additional referral shall be 805
made by the Department of Child Protection Services to the 806
licensing agency. The licensing agency shall investigate the 807
report and shall provide the department, the law enforcement 808
agency and the district attorney's office with their written 809
findings from such investigation as well as that licensing 810
agency's recommendations and actions taken. 811
(9) If a child protective investigation does not result in 812
an out-of-home placement, a child protective investigator must 813
provide information to the parent or guardians about community 814
service programs that provide respite care, counseling and support 815
for children who have experienced commercial sexual exploitation 816
or human trafficking, voluntary guardianship or other support 817
services for families in crisis. 818
H. B. No. 1568 *HR26/R2268* ~ OFFICIAL ~
26/HR26/R2268
PAGE 34 (RF\KW)

(10) Any person or entity who reports abuse, neglect and/or 819
commercial sexual exploitation or human trafficking under this 820
chapter is presumed to be acting in good faith. Any person or 821
institution reporting in good faith shall be immune from civil and 822
criminal liability that might otherwise be incurred. 823
SECTION 13. Section 97-3-54.1, Mississippi Code of 1972, is 824
amended as follows: 825
97-3-54.1. (1) (a) A person who coerces, recruits, 826
entices, harbors, transports, provides or obtains by any means, or 827
attempts to coerce, recruit, entice, harbor, transport, provide or 828
obtain by any means, another person, intending or knowing that the 829
person will be subjected to forced labor or services, or who 830
benefits, whether financially or by receiving anything of value 831
from participating in an enterprise that he knows or reasonably 832
should have known has engaged in such acts, shall be guilty of the 833
crime of human trafficking. 834
(b) A person who knowingly purchases the forced labor 835
or services of a trafficked person or who otherwise knowingly 836
subjects, or attempts to subject, another person to forced labor 837
or services or who benefits, whether financially or by receiving 838
anything of value from participating in an enterprise that he 839
knows or reasonably should have known has engaged in such acts, 840
shall be guilty of the crime of procuring involuntary servitude. 841
(c) A person who knowingly subjects, or attempts to 842
subject, or who recruits, entices, harbors, transports, provides 843
H. B. No. 1568 *HR26/R2268* ~ OFFICIAL ~
26/HR26/R2268
PAGE 35 (RF\KW)

or obtains by any means, or attempts to recruit, entice, harbor, 844
transport, provide or obtain by any means, a minor, knowing that 845
the minor will engage in commercial sexual activity, sexually 846
explicit performance, or the production of sexually oriented 847
material, or causes or attempts to cause a minor to engage in 848
commercial sexual activity, sexually explicit performance, or the 849
production of sexually oriented material, shall be guilty of 850
procuring sexual servitude of a minor and shall be punished by 851
commitment to the custody of the Department of Corrections for not 852
less than twenty (20) years nor more than life in prison, or by a 853
fine of not less than Fifty Thousand Dollars ($50,000.00) nor more 854
than Five Hundred Thousand Dollars ($500,000.00), or both. It is 855
not a defense in a prosecution under this section that a minor 856
consented to engage in the commercial sexual activity, sexually 857
explicit performance, or the production of sexually oriented 858
material, or that the defendant reasonably believed that the minor 859
was eighteen (18) years of age or older. 860
(2) If the victim is not a minor, a person who is convicted 861
of an offense set forth in subsection (1)(a) or (b) of this 862
section shall be committed to the custody of the Department of 863
Corrections for not less than two (2) years nor more than twenty 864
(20) years, or by a fine of not less than Ten Thousand Dollars 865
($10,000.00) nor more than One Hundred Thousand Dollars 866
($100,000.00), or both. If the victim of the offense is a minor, 867
a person who is convicted of an offense set forth in subsection 868
H. B. No. 1568 *HR26/R2268* ~ OFFICIAL ~
26/HR26/R2268
PAGE 36 (RF\KW)

(1)(a) or (b) of this section shall be committed to the custody of 869
the Department of Corrections for not less than twenty (20) years 870
nor more than life in prison, or by a fine of not less than Twenty 871
Thousand Dollars ($20,000.00) nor more than One Hundred Thousand 872
Dollars ($100,000.00), or both. 873
(3) An enterprise may be prosecuted for an offense under 874
this chapter if: 875
(a) An agent of the enterprise knowingly engages in 876
conduct that constitutes an offense under this chapter while 877
acting within the scope of employment and for the benefit of the 878
entity. 879
(b) An employee of the enterprise engages in conduct 880
that constitutes an offense under this chapter and the commission 881
of the offense was part of a pattern of illegal activity for the 882
benefit of the enterprise, which an agent of the enterprise either 883
knew was occurring or recklessly disregarded, and the agent failed 884
to take effective action to stop the illegal activity. 885
(c) It is an affirmative defense to a prosecution of an 886
enterprise that the enterprise had in place adequate procedures, 887
including an effective complaint procedure, designed to prevent 888
persons associated with the enterprise from engaging in the 889
unlawful conduct and to promptly correct any violations of this 890
chapter. 891
(d) The court may consider the severity of the 892
enterprise's offense and order penalties, including: (i) a fine 893
H. B. No. 1568 *HR26/R2268* ~ OFFICIAL ~
26/HR26/R2268
PAGE 37 (RF\KW)

of not more than One Million Dollars ($1,000,000.00); (ii) 894
disgorgement of profit; and (iii) debarment from government 895
contracts. Additionally, the court may order any of the relief 896
provided in Section 97-3-54.7. 897
(4) In addition to the mandatory reporting provisions 898
contained in Sections 43-21-353 and 97-5-51, any person who has 899
reasonable cause to suspect that a minor under the age of eighteen 900
(18) is a trafficked person shall immediately make a report of the 901
suspected child abuse or neglect to the Department of Child 902
Protection Services and to the Statewide Human Trafficking 903
Coordinator. The Department of Child Protection Services or the 904
Statewide Human Trafficking Coordinator, whichever is applicable, 905
shall then immediately notify the law enforcement agency in the 906
jurisdiction where the suspected child abuse, neglect or 907
trafficking occurred as required in Section 43-21-353, and the 908
department that received the report shall also commence an initial 909
investigation into the suspected abuse or neglect as required in 910
Section 43-21-353. The department that received such report shall 911
provide an annual report to the Speaker of the Mississippi House 912
of Representatives, the Lieutenant Governor, the Chairpersons of 913
the House and Senate Judiciary Committees that includes the number 914
of reports received, the number of cases screened in or out, the 915
number of cases in which care and services were provided as a 916
result of the report, and the type of care and services that were 917
provided. A minor who has been identified as a victim of 918
H. B. No. 1568 *HR26/R2268* ~ OFFICIAL ~
26/HR26/R2268
PAGE 38 (RF\KW)

trafficking shall not be liable for criminal activity in violation 919
of this section. Any person or entity who reports abuse, neglect 920
and/or commercial sexual exploitation or human trafficking under 921
this chapter is presumed to be acting in good faith. Any person 922
or institution reporting in good faith shall be immune from civil 923
and criminal liability that might otherwise be incurred from such 924
reporting. 925
(5) It is an affirmative defense in a prosecution under this 926
act that the defendant: 927
(a) Is a victim; and 928
(b) Committed the offense under a reasonable 929
apprehension created by a person that, if the defendant did not 930
commit the act, the person would inflict serious harm on the 931
defendant, a member of the defendant's family, or a close 932
associate. 933
SECTION 14. Section 97-5-51, Mississippi Code of 1972, is 934
brought forward as follows: 935
97-5-51. (1) Definitions. For the purposes of this 936
section: 937
(a) "Sex crime against a minor" means any offense under 938
at least one (1) of the following statutes when committed by an 939
adult against a minor who is under the age of sixteen (16): 940
(i) Section 97-3-65 relating to rape; 941
(ii) Section 97-3-71 relating to rape and assault 942
with intent to ravish; 943
H. B. No. 1568 *HR26/R2268* ~ OFFICIAL ~
26/HR26/R2268
PAGE 39 (RF\KW)

(iii) Section 97-3-95 relating to sexual battery; 944
(iv) Section 97-5-23 relating to the touching of a 945
child, mentally defective or incapacitated person or physically 946
helpless person for lustful purposes; 947
(v) Section 97-5-41 relating to the carnal 948
knowledge of a stepchild, adopted child or child of a cohabiting 949
partner; 950
(vi) Section 97-5-33 relating to exploitation of 951
children; 952
(vii) Section 97-3-54.1(1)(c) relating to 953
procuring sexual servitude of a minor; 954
(viii) Section 43-47-18 relating to sexual abuse 955
of a vulnerable person; 956
(ix) Section 97-1-7 relating to the attempt to 957
commit any of the offenses listed in this subsection; 958
(x) Section 97-29-51 relating to procuring sexual 959
services of a minor; and 960
(xi) Section 43-47-18 and Section 43-47-19 961
relating to sexual battery abuse of a vulnerable person who is a 962
minor. 963
(b) "Mandatory reporter" means any of the following 964
individuals performing their occupational duties: health care 965
practitioner, clergy member, teaching or child care provider, law 966
enforcement officer, or commercial image processor. 967
H. B. No. 1568 *HR26/R2268* ~ OFFICIAL ~
26/HR26/R2268
PAGE 40 (RF\KW)

(c) "Health care practitioner" means any individual who 968
provides health care services, including a physician, surgeon, 969
physical therapist, psychiatrist, psychologist, medical resident, 970
medical intern, hospital staff member, licensed nurse, midwife and 971
emergency medical technician or paramedic. 972
(d) "Clergy member" means any priest, rabbi or duly 973
ordained deacon or minister. 974
(e) "Teaching or child care provider" means anyone who 975
provides training or supervision of a minor under the age of 976
sixteen (16), including a teacher, teacher's aide, principal or 977
staff member of a public or private school, social worker, 978
probation officer, foster home parent, group home or other child 979
care institutional staff member, personnel of residential home 980
facilities, a licensed or unlicensed day care provider. 981
(f) "Commercial image processor" means any person who, 982
for compensation: (i) develops exposed photographic film into 983
negatives, slides or prints; (ii) makes prints from negatives or 984
slides; or (iii) processes or stores digital media or images from 985
any digital process, including, but not limited to, website 986
applications, photography, live streaming of video, posting, 987
creation of power points or any other means of intellectual 988
property communication or media including conversion or 989
manipulation of still shots or video into a digital show stored on 990
a photography site or a media storage site. 991
H. B. No. 1568 *HR26/R2268* ~ OFFICIAL ~
26/HR26/R2268
PAGE 41 (RF\KW)

(g) "Caretaker" means any person legally obligated to 992
provide or secure adequate care for a minor under the age of 993
sixteen (16), including a parent, guardian, tutor, legal custodian 994
or foster home parent. 995
(2) (a) Mandatory reporter requirement. A mandatory 996
reporter shall make a report if it would be reasonable for the 997
mandatory reporter to suspect that a sex crime against a minor has 998
occurred. 999
(b) Failure to file a mandatory report shall be 1000
punished as provided in this section. 1001
(c) Reports made under this section and the identity of 1002
the mandatory reporter are confidential except when the court 1003
determines the testimony of the person reporting to be material to 1004
a judicial proceeding or when the identity of the reporter is 1005
released to law enforcement agencies and the appropriate 1006
prosecutor. The identity of the reporting party shall not be 1007
disclosed to anyone other than law enforcement or prosecutors 1008
except under court order; violation of this requirement is a 1009
misdemeanor. Reports made under this section are for the purpose 1010
of criminal investigation and prosecution only and information 1011
from these reports is not a public record. Disclosure of any 1012
information by the prosecutor shall conform to the Mississippi 1013
Uniform Rules of Circuit and County Court Procedure. 1014
(d) Any mandatory reporter who makes a required report 1015
under this section or participates in a judicial proceeding 1016
H. B. No. 1568 *HR26/R2268* ~ OFFICIAL ~
26/HR26/R2268
PAGE 42 (RF\KW)

resulting from a mandatory report shall be presumed to be acting 1017
in good faith. Any person or institution reporting in good faith 1018
shall be immune from any liability, civil or criminal, that might 1019
otherwise be incurred or imposed. 1020
(3) (a) Mandatory reporting procedure. A report required 1021
under subsection (2) must be made immediately to the law 1022
enforcement agency in whose jurisdiction the reporter believes the 1023
sex crime against the minor occurred. Except as otherwise 1024
provided in this subsection (3), a mandatory reporter may not 1025
delegate to any other person the responsibility to report, but 1026
shall make the report personally. 1027
(i) The reporting requirement under this 1028
subsection (3) is satisfied if a mandatory reporter in good faith 1029
reports a suspected sex crime against a minor to the Department of 1030
Child Protection Services under Section 43-21-353. 1031
(ii) The reporting requirement under this 1032
subsection (3) is satisfied if a mandatory reporter reports a 1033
suspected sex crime against a minor by following a reporting 1034
procedure that is imposed: 1035
1. By state agency rule as part of licensure 1036
of any person or entity holding a state license to provide 1037
services that include the treatment or education of abused or 1038
neglected children; or 1039
2. By statute. 1040
H. B. No. 1568 *HR26/R2268* ~ OFFICIAL ~
26/HR26/R2268
PAGE 43 (RF\KW)

(b) Contents of the report. The report shall identify, 1041
to the extent known to the reporter, the following: 1042
(i) The name and address of the minor victim; 1043
(ii) The name and address of the minor's 1044
caretaker; 1045
(iii) Any other pertinent information known to the 1046
reporter. 1047
(4) A law enforcement officer who receives a mandated report 1048
under this section shall file an affidavit against the offender on 1049
behalf of the State of Mississippi if there is probable cause to 1050
believe that the offender has committed a sex crime against a 1051
minor. 1052
(5) Collection of forensic samples. (a) (i) When an 1053
abortion is performed on a minor who is less than fourteen (14) 1054
years of age at the time of the abortion procedure, fetal tissue 1055
extracted during the abortion shall be collected in accordance 1056
with rules and regulations adopted pursuant to this section if it 1057
would be reasonable to suspect that the pregnancy being terminated 1058
is the result of a sex crime against a minor. 1059
(ii) When a minor who is under sixteen (16) years 1060
of age gives birth to an infant, umbilical cord blood shall be 1061
collected, if possible, in accordance with rules and regulations 1062
adopted pursuant to this section if it would be reasonable to 1063
suspect that the minor's pregnancy resulted from a sex crime 1064
against a minor. 1065
H. B. No. 1568 *HR26/R2268* ~ OFFICIAL ~
26/HR26/R2268
PAGE 44 (RF\KW)

(iii) It shall be reasonable to suspect that a sex 1066
crime against a minor has occurred if the mother of an infant was 1067
less than sixteen (16) years of age at the time of conception and 1068
at least one (1) of the following conditions also applies: 1069
1. The mother of the infant will not identify 1070
the father of the infant; 1071
2. The mother of the infant lists the father 1072
of the infant as unknown; 1073
3. The person the mother identifies as the 1074
father of the infant disputes his fatherhood; 1075
4. The person the mother identifies as the 1076
father of the infant is twenty-one (21) years of age or older; or 1077
5. The person the mother identifies as the 1078
father is deceased. 1079
(b) The State Medical Examiner shall adopt rules and 1080
regulations consistent with Section 99-49-1 that prescribe: 1081
(i) The amount and type of fetal tissue or 1082
umbilical cord blood to be collected pursuant to this section; 1083
(ii) Procedures for the proper preservation of the 1084
tissue or blood for the purpose of DNA testing and examination; 1085
(iii) Procedures for documenting the chain of 1086
custody of such tissue or blood for use as evidence; 1087
(iv) Procedures for proper disposal of fetal 1088
tissue or umbilical cord blood collected pursuant to this section; 1089
H. B. No. 1568 *HR26/R2268* ~ OFFICIAL ~
26/HR26/R2268
PAGE 45 (RF\KW)
ST: Therapists; create a felony for those who
have sexual contact with patients.
(v) A uniform reporting instrument mandated to be 1090
utilized, which shall include the complete residence address and 1091
name of the parent or legal guardian of the minor who is the 1092
subject of the report required under this subsection (5); and 1093
(vi) Procedures for communication with law 1094
enforcement agencies regarding evidence and information obtained 1095
pursuant to this section. 1096
(6) Penalties. (a) A person who is convicted of a first 1097
offense under this section shall be guilty of a misdemeanor and 1098
fined not more than Five Hundred Dollars ($500.00). 1099
(b) A person who is convicted of a second offense under 1100
this section shall be guilty of a misdemeanor and fined not more 1101
than One Thousand Dollars ($1,000.00), or imprisoned for not more 1102
than thirty (30) days, or both. 1103
(c) A person who is convicted of a third or subsequent 1104
offense under this section shall be guilty of a misdemeanor and 1105
fined not more than Five Thousand Dollars ($5,000.00), or 1106
imprisoned for not more than one (1) year, or both. 1107
(7) A health care practitioner or health care facility shall 1108
be immune from any penalty, civil or criminal, for good-faith 1109
compliance with any rules and regulations adopted pursuant to this 1110
section. 1111
SECTION 15. This act shall take effect and be in force from 1112
and after July 1, 2026. 1113