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To: Public Health and Human
Services; Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Creekmore IV
HOUSE BILL NO. 345
AN ACT TO AMEND SECTION 41-21-140, MISSISSIPPI CODE OF 1972, 1
TO ESTABLISH THE MISSISSIPPI HELPING ENSURE ALTERNATIVE LAW 2
ENFORCEMENT TRANSPORTATION FOR HEALING (MISSHEALTH) PILOT PROGRAM 3
TO PROVIDE FINANCIAL ASSISTANCE TO LAW ENFORCEMENT AGENCIES FOR 4
THE PURPOSE OF TRANSPORTING INDIVIDUALS EXPERIENCING A MENTAL 5
HEALTH OR BEHAVIORAL CRISIS TO A HOSPITAL OR TREATMENT FACILITY; 6
TO PROVIDE THAT THE PROGRAM'S IMPLEMENTATION IS SUBJECT TO 7
APPROPRIATION; TO PROVIDE THAT THE PROGRAM SHALL BE JOINTLY 8
ADMINISTERED BY THE DEPARTMENT OF FINANCE AND ADMINISTRATION, 9
DEPARTMENT OF MENTAL HEALTH AND DIVISION OF MEDICAID; TO REQUIRE 10
THE DEPARTMENT OF MENTAL HEALTH TO ESTABLISH GUIDELINES AND 11
APPLICATION DEADLINES FOR THE PARTICIPATION IN THE MISSHEALTH 12
PILOT PROGRAM; TO REQUIRE GRANT RECIPIENTS TO PROVIDE A 25% 13
FUNDING MATCH OF THE TOTAL GRANT FUNDS RECEIVED; TO ALLOW LAW 14
ENFORCEMENT AGENCIES TO CONTRACT WITH ONE OR MORE THIRD PARTIES OR 15
OTHER LAW ENFORCEMENT AGENCIES TO TRANSPORT INDIVIDUALS IN 16
ACCORDANCE WITH THE PROVISIONS OF THIS ACT; TO PROVIDE THAT 17
CONTRACTS ENTERED INTO UNDER THE AUTHORITY OF THIS ACT ARE SUBJECT 18
TO AUDIT BY THE OFFICE OF THE STATE AUDITOR; TO PRESCRIBE THE 19
PURPOSES FOR WHICH GRANT FUNDS RECEIVED UNDER THE MISSHEALTH PILOT 20
PROGRAM MAY BE USED; TO PROVIDE FOR TELEHEALTH EVALUATION OF 21
INDIVIDUALS IF AVAILABLE TO DETERMINE NEED FOR ADMISSION; TO 22
PRESCRIBE THE MANNER BY WHICH THE ORIGINAL CERTIFICATE OF NEED FOR 23
TRANSPORT MAY BE DETERMINED AND PROVIDED TO THE TRANSPORTING LAW 24
ENFORCEMENT AGENCY BY THE COMPLETING PHYSICIAN, PSYCHOLOGIST OR 25
DESIGNATED PROFESSIONAL; TO REQUIRE THE COMPLETING PHYSICIAN, 26
PSYCHOLOGIST OR DESIGNATED PROFESSIONAL TO INFORM THE TRANSPORTING 27
LAW ENFORCEMENT AGENCY THAT THE HOSPITAL OR TREATMENT FACILITY OF 28
ADMISSION HAS BEEN CONTACTED AND HAS AVAILABLE SUITABLE 29
ACCOMMODATIONS FOR THE INDIVIDUALS IN CRISIS; TO REQUIRE THE 30
TRANSPORTING LAW ENFORCEMENT AGENCY OR TRANSPORTATION AGENT TO 31
NOTIFY THE ADMITTING HOSPITAL OR TREATMENT FACILITY OF AN 32
ESTIMATED TIME OF ARRIVAL; TO REQUIRE THE LAW ENFORCEMENT AGENCY 33
OR TRANSPORTATION AGENT TO REMAIN AT THE HOSPITAL OR TREATMENT 34
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FACILITY LONG ENOUGH FOR THE INDIVIDUAL TO BE EVALUATED FOR 35
ADMISSION, BUT NOT TO EXCEED TWO HOURS; TO PROVIDE THAT IF A LAW 36
ENFORCEMENT OFFICER IS AUTHORIZED TO MAKE AN ARREST AND A 37
PROFESSIONAL DESIGNATED BY A CRISIS INTERVENTION TEAM HAS REASON 38
TO BELIEVE THAT THE INDIVIDUAL SUBJECT TO ARREST IS EXPERIENCING A 39
MENTAL OR BEHAVIORAL CRISIS, THE PERSON MAY BE TAKEN INTO CUSTODY 40
WITHOUT A CIVIL ORDER OR WARRANT FOR IMMEDIATE MENTAL EXAMINATION 41
TO DETERMINE NEED FOR BEHAVIORAL HEALTH TREATMENT AT A HOSPITAL OR 42
TREATMENT FACILITY; TO REQUIRE IMMEDIATE EXAMINATION OF 43
INDIVIDUALS SO DETAINED BY A PHYSICIAN, PSYCHOLOGIST OR DESIGNATED 44
PROFESSIONAL TO DETERMINE IF SUCH PERSON IS SUBJECT TO ADMISSION 45
TO A HOSPITAL OR TREATMENT FACILITY; TO PRESCRIBE THE PROCEDURES 46
TO BE FOLLOWED UPON A DETERMINATION BY THE EVALUATING PHYSICIAN, 47
PSYCHOLOGIST OR DESIGNATED PROFESSIONAL IF THE PERSON IS OR IS NOT 48
TO BE ADMITTED INTO A HOSPITAL OR TREATMENT FACILITY; TO DEFINE 49
THE TERM "QUALIFIED ADVANCED PRACTICE PROVIDER" AND PRESCRIBE THE 50
PROCEDURES TO BE FOLLOWED BY SUCH INDIVIDUALS WHEN EVALUATING AND 51
RECOMMENDING ADMISSION FOR PERSONS EXPERIENCING A MENTAL HEALTH 52
CRISIS; TO PRESCRIBE THE DUTY OF LAW ENFORCEMENT AGENCIES OR 53
TRANSPORTATION AGENTS TO RETURN INDIVIDUALS SUSPECTED OF 54
EXPERIENCING A MENTAL HEALTH CRISIS WHO ARE DETERMINED NOT 55
ELIGIBLE FOR ADMISSION BACK TO THE COUNTY OR MUNICIPALITY OF 56
ORIGIN WHERE THE INITIAL INTERACTION OCCURRED; TO PROVIDE CIVIL 57
AND CRIMINAL IMMUNITY TO HOSPITALS, TREATMENT FACILITIES AND 58
HEALTH CARE PROVIDERS FROM CLAIMS ARISING FROM DETERMINATIONS OF 59
ADMISSION AND FROM TRANSPORTATION OF PERSONS TO AND FROM SUCH 60
FACILITIES; TO REQUIRE THE DEPARTMENT OF MENTAL HEALTH TO PROVIDE 61
TRAINING ON MENTAL HEALTH CRISIS MANAGEMENT FOR LOCAL LAW 62
ENFORCEMENT AGENCIES' PERSONNEL AND FOR TRANSPORTATION AGENTS; AND 63
FOR RELATED PURPOSES. 64
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 65
SECTION 1. Section 41-21-140, Mississippi Code of 1972, is 66
amended as follows: 67
41-21-140. (1) A law enforcement officer shall transport 68
the person who is in crisis to the appropriate health care 69
facility in the county or outside of the county at the request of 70
the crisis intervention team or mobile crisis response team, if: 71
(a) The person has a mental illness or serious 72
emotional disturbance; 73
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(b) The person poses an imminent substantial likelihood 74
of serious harm because of the mental illness or serious emotional 75
disturbance, as determined by behavior that he or she: 76
(i) Has threatened or attempted suicide or to 77
inflict serious bodily harm on the person; 78
(ii) Has threatened or attempted homicide or other 79
violent behavior; 80
(iii) Has placed others in reasonable fear of 81
violent behavior and serious physical harm to them; or 82
(iv) Is unable to avoid severe impairment or 83
injury from specific risks; and 84
(c) There is a substantial likelihood that the harm 85
will occur unless the person is placed under involuntary 86
treatment. 87
(2) (a) Subject to annual appropriations, there is 88
established the Mississippi Helping Ensure Alternative Law 89
Enforcement Transportation for Healing (MissHEALTH) Pilot Program 90
to provide financial grant assistance to law enforcement agencies 91
required to transport persons to a hospital or treatment facility 92
for emergency mental health transport under this section. The 93
Department of Finance and Administration, in consultation with the 94
Department of Mental Health and substance abuse services and the 95
Division of Medicaid, shall develop and administer the pilot 96
program. Grant assistance from the pilot program shall not be 97
provided for emergency mental health transports where a physician, 98
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psychologist, or designated professional determines that the 99
person can be transported by one or more friends, neighbors or 100
other mental health professionals familiar with the person, 101
relatives of the person, or a member of the clergy under Section 5 102
of this act. 103
(b) The MissHEALTH Pilot Program shall support a 104
minimum of three (3) law enforcements agencies over the course of 105
a one-year period, which shall be selected upon the submission of 106
an application for grant funds by local law enforcement agencies 107
to the Department of Mental Health, which shall determine the 108
criteria for approval of an application and establish guidelines 109
for the administration of the program and application deadlines. 110
The department shall determine the minimum amount of grant 111
assistance allocated to each approved law enforcement agency 112
selected to participate in the pilot program, and condition 113
additional funding support to approved applicants based upon 114
historical and anticipated transport volume, which award amount 115
shall require a twenty-five percent (25%) funding match from each 116
local law enforcement agency selected for participation. 117
(3) A law enforcement agency may contract with one or more 118
third parties or other law enforcement agencies to transport 119
persons to a hospital or treatment facility in accordance with 120
this section. The law enforcement agency shall deem a third party 121
or other law enforcement agency contracted to perform this 122
function to be the designated secondary transportation agent 123
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pursuant to Section 5 of this act. Any contract entered into 124
under this subsection is subject to audit by the Office of the 125
State Auditor or his or her designee. 126
(4) A law enforcement agency may receive grant funds 127
provided under this section for use as payment to third parties or 128
other law enforcement agencies with which it contracts to 129
transport persons to a hospital or treatment facility in 130
accordance with this section. The receipt or expenditure of grant 131
funds received by a law enforcement agency under this section is 132
subject to audit by the Office of the State Auditor or his or her 133
designee. 134
(5) If telehealth services are available and offered by a 135
hospital or treatment facility at which a person is proposed to be 136
admitted pursuant to this act, then the hospital or treatment 137
facility may elect to conduct an evaluation for admission under 138
Section 41-127-1 through telehealth as defined in Section 139
83-9-351. 140
(6) If the person certified for admission under Section 3 of 141
this act is not already at the hospital or treatment facility at 142
which the person is proposed to be admitted, the physician, 143
psychologist or designated professional who completed the 144
certificate of need under Section 3 of this act shall give the law 145
enforcement agency or the transportation agent designated under 146
this act the original of the certificate and turn the person over 147
to the custody of the law enforcement agency or transportation 148
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agent, who shall transport the person to a hospital or treatment 149
facility that has available suitable accommodations for the person 150
for proceedings under Section 4 of this act. If admission is 151
sought to a state-owned or operated hospital or treatment 152
facility, the physician, psychologist or designated professional 153
who completed the certificate of need under Section 3 of this act 154
shall also provide to the law enforcement agency or transportation 155
agent a written statement verifying that the state-owned or 156
operated hospital or treatment facility has been contacted and has 157
available suitable accommodations, and the law enforcement agency 158
or transportation agent shall not be required to take custody of 159
the person for transportation unless both the original of the 160
certificate and the written statement are provided. If the 161
original of the certificate is unavailable, then an identical hard 162
copy or electronic copy submitted by reliable electronic means 163
must be accepted for purposes of this section. Failure of the law 164
enforcement agency or other transportation agent to provide both a 165
certificate of need and the written statement to the receiving 166
state-owned or operated hospital or treatment facility for 167
proceedings under Section 4 of this act shall result in all costs 168
attendant to the person's admission and treatment being assessed 169
to the transporting county. 170
(7) (a) Before transportation begins, the law enforcement 171
agency or transportation agent shall notify the hospital or 172
treatment facility at which the person is proposed to be admitted 173
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where the person is and the best estimate of anticipated time of 174
arrival at the hospital or treatment facility. 175
(b) The law enforcement agency or transportation agent 176
shall notify the hospital or treatment facility of the anticipated 177
time of arrival. If the law enforcement agency or transportation 178
agent has given notice and arrives at the hospital or treatment 179
facility within the anticipated time of arrival, then the law 180
enforcement agency or transportation agent is required to remain 181
at the hospital or treatment facility long enough for the person 182
to be evaluated for admission under Section 4 of this act, but not 183
longer than two (2) hours. After the two (2) hours have expired, 184
the person becomes the responsibility of the evaluating hospital 185
or treatment facility, and the law enforcement agency or 186
transportation agent may leave. 187
SECTION 2. (1) If a law enforcement officer authorized to 188
make arrests in the state, a licensed physician, a psychologist or 189
a professional designated by crisis intervention team has reason 190
to believe that a person is subject to detention under Section 191
41-21-140(1), then the law enforcement officer, physician, 192
psychologist or designated professional may take the person into 193
custody without a civil order or warrant for immediate examination 194
under Section 3 of this act for certification of need for care and 195
treatment. 196
(2) If a person is experiencing a mental health crisis as 197
determined by the criteria established in Section 41-21-140(1), 198
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then the person may be admitted and detained by a hospital or 199
treatment facility for emergency diagnosis, evaluation and 200
treatment under this act. 201
SECTION 3. (1) If a licensed physician, psychologist or 202
professional designated by crisis intervention team takes a person 203
into custody under Section 2(1) of this act, and the person is 204
brought to the physician, psychologist or designated professional 205
for examination under this section, then the physician, 206
psychologist or designated professional shall immediately examine 207
the person and decide whether the person is subject to admission 208
to a hospital or treatment facility under Section 2(2) of this 209
act. 210
(2) (a) If the person is not subject to admission under the 211
authority of subsection (1) of this section, then the physician, 212
psychologist or designated professional shall release the person. 213
(b) If the person is subject to admission under the 214
authority of subsection (1) of this section, then the physician, 215
psychologist or designated professional shall complete a 216
certificate of need for the emergency diagnosis, evaluation and 217
treatment showing the factual foundation for the conclusions on 218
each item of Section 41-21-140(1). The physician, psychologist or 219
designated professional shall assess the person's clinical needs 220
and need for physical restraint or vehicle security and determine 221
the mode of transportation to the hospital in consultation with a 222
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prescreening agent, other mental health professional familiar with 223
the person, or a knowledgeable family member. 224
(c) If admission is sought at a state-owned or operated 225
hospital or treatment facility, the physician, psychologist or 226
designated professional shall verify that the state-owned or 227
operated hospital or treatment facility has been contacted and has 228
available suitable accommodations, acknowledging such verification 229
in writing before transport is effectuated. 230
SECTION 4. (1) As used in this section, "qualified advanced 231
practice provider" means an individual working in collaboration 232
with a licensed physician who is a: 233
(a) Licensed advanced practice registered nurse with a 234
current certification from a national certifying organization as a 235
psychiatric-mental health advanced practice registered nurse; or 236
(b) Licensed physician assistant with a current 237
certification from a national certifying organization as having 238
additional qualifications in psychiatry. 239
(2) A hospital or treatment facility that receives a person 240
transported under Section 41-21-140 must have a licensed physician 241
or a qualified advanced practice provider examine the person to 242
determine whether the person is subject to admission. 243
(3) If the person is subject to admission under Section 244
41-21-140, then the physician or qualified advanced practice 245
provider must complete a certificate of need for the emergency 246
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diagnosis, evaluation and treatment showing the factual foundation 247
for the conclusions on each item of Section 41-21-140(1). 248
(4) If the person is not subject to admission and the law 249
enforcement agency or transportation agent is under a duty to 250
remain at the hospital or treatment facility under Section 251
41-21-140(7)(b), then the law enforcement agency or transportation 252
agent shall return the person to the county or municipality of 253
original interaction with the law enforcement agency or 254
transportation agent. 255
(5) If the person is not subject to admission and the law 256
enforcement agency or transportation agent is not under a duty to 257
remain at the hospital or treatment facility under 258
41-21-140(7)(b), then the hospital or treatment facility shall 259
return the person to the county or municipality of original 260
interaction with the law enforcement agency or transportation 261
agent. 262
(6) A hospital, treatment facility or health care provider 263
is immune from civil liability and has an affirmative defense to 264
criminal liability arising either from a determination relative to 265
admission of a person to a facility or treatment facility or from 266
the transportation of a person to and from the hospital or 267
treatment facility. 268
SECTION 5. (1) (a) The local law enforcement agency having 269
primary jurisdiction of the area in which a person with mental 270
illness or serious emotional disturbance is to be transported 271
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under this act, shall transport the person except for persons who 272
are transported by: 273
(i) A secondary transportation agent under this 274
section; 275
(ii) Another county or municipal law enforcement 276
agency that meets the requirements for a secondary transportation 277
agent under this section with whom the primary local law 278
enforcement agency has entered into contract under the authority 279
of Section 41-21-140(3); or 280
(iii) One or more friends, neighbors, other mental 281
health professionals familiar with the person, relatives of the 282
person or a member of the clergy. 283
(b) The local law enforcement agency may designate a 284
secondary transportation agent or agents for the county or 285
municipality for persons with mental illness or serious emotional 286
disturbance whom a physician or prescreening authority has 287
evaluated and determined do not require physical restraint or 288
vehicle security. Like the local law enforcement agency, a 289
secondary transportation agent shall be available twenty-four (24) 290
hours per day, provide adequately for the safety and security of 291
the person to be transported, and provide appropriate medical 292
conditions for transporting persons for involuntary 293
hospitalization. The local law enforcement agency having primary 294
jurisdiction shall take into account in designating a secondary 295
transportation agent or other county or municipal law enforcement 296
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agency both its funding and the characteristics of the persons who 297
will be transported. The local law enforcement agency shall 298
consult with the appropriate local governing authority before 299
designating a secondary transportation agent. A secondary 300
transportation agent has the same duties and authority under this 301
act in the detention or transportation of those persons as the 302
local law enforcement agency. The designation of a transportation 303
agent other than the local law enforcement agency is a 304
discretionary function. If a prescreening agent, physician or 305
licensed psychologist with health service provider designation, 306
who is acting under Section 3(2)(b) of this act, determines that 307
the person does not require physical restraint or vehicle 308
security, then any person identified in subsection (1)(a)(iii) of 309
this section may, instead of the local law enforcement agency, 310
transport the person at the transporter's expense. 311
(c) (i) If a physician, psychologist, or professional 312
designated by the crisis intervention team, operating under 313
Section 3(2)(b) of this act, determines to a reasonable degree of 314
professional certainty that the person subject to transportation 315
under this act does not require physical restraint or vehicle 316
security and does not pose a reasonable risk of danger to the 317
person's self or others, then the local law enforcement agency may 318
permit one or more persons designated under this section, other 319
than the local law enforcement agency or secondary transportation 320
agent, to transport the person, provided that the person or 321
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persons provide proof of current automobile insurance. Before a 322
person is transported, the local law enforcement agency or other 323
transportation agent designated under paragraphs (a) or (b) of 324
this subsection (1) shall give the notice required by Section 325
41-21-140(7), along with the name or names of the person or 326
persons who will actually transport the person subject to 327
admission to a hospital or treatment resource. The person or 328
persons designated to transport under this section must comply 329
with the requirements of Section 41-21-140(7)(b) and Section 4(3) 330
of this act, and must provide the original of the certificate 331
completed under Section 3(2)(b) of this act to the hospital or 332
treatment resource. 333
(ii) When making this determination, the 334
physician, psychologist or designated professional operating under 335
Section 3(2)(b) of this act shall be immune from any civil 336
liability and shall have an affirmative defense to any criminal 337
liability arising from that protected activity. 338
(iii) When making this determination, if the 339
physician, psychologist or designated professional operating under 340
Section 3(2)(b) of this act is an agent of a hospital, health care 341
facility, or community mental health center, that hospital, health 342
care facility or community mental health center shall be immune 343
from any civil liability and shall have an affirmative defense to 344
any criminal liability arising from this agent's protected 345
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activity and from the transportation of the person to and from the 346
facility. 347
(2) When a local law enforcement agency or secondary 348
transportation agent is required to transport a person to a 349
hospital or treatment facility for screening, evaluation, 350
diagnosis or hospitalization, the county or municipality in which 351
the person is initially transported by the local law enforcement 352
agency or secondary transportation agent is responsible for the 353
remainder of such person's transportation requirements. The 354
initial transporting county or municipality is responsible for the 355
continuing transportation of the person even if the person is 356
assessed, diagnosed, screened or evaluated in a second county 357
before being admitted to a hospital or treatment facility in a 358
third county within the state. If the person is transported to a 359
hospital or treatment facility by the local law enforcement agency 360
or secondary transportation agent of a county other than the 361
initial transporting county, the local law enforcement agency or 362
secondary transportation agent actually providing transportation 363
may bill the initial transporting county for transportation costs. 364
(3) The Department of Mental Health shall provide training 365
on mental health crisis management for transportation agents and 366
the local law enforcement agencies' personnel. 367
SECTION 6. It is the policy of this state that people with 368
mental illness who are determined to be a danger to themselves and 369
in need of physical restraint or vehicular security shall be 370
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ST: Mississippi Helping Ensure Alternative Law
Enforcement Transportation for Healing
(MissHEALTH) Pilot Program; establish for mental
health crisis situations.
transported by the local law enforcement agency or secondary 371
transportation agents designated by the local law enforcement 372
agency. People with a mental illness who do not present 373
themselves as a danger to themselves or are not in need of 374
physical restraint or vehicular security may be transported by one 375
or more friends, neighbors, other mental health professionals 376
familiar with the person, relatives of the person or a member of 377
the clergy, provided that those persons are willing and able to 378
provide such transport. 379
SECTION 7. This act shall take effect and be in force from 380
and after July 1, 2026. 381