Mental Health; revise appointment of Board of Mental Health and Executive Director.

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

By: Representative Creekmore IV

HOUSE BILL NO. 347

AN ACT TO AMEND SECTION 41-4-3, MISSISSIPPI CODE OF 1972, TO 1
REVISE THE REQUIREMENTS FOR APPOINTMENT OF THE MEMBERS OF THE 2
STATE BOARD OF MENTAL HEALTH; TO AMEND SECTION 41-4-7, MISSISSIPPI 3
CODE OF 1972, TO DELETE THE REQUIREMENT FOR THE EXECUTIVE DIRECTOR 4
OF THE STATE DEPARTMENT OF MENTAL HEALTH TO BE CONFIRMED BY THE 5
SENATE AND TO SERVE FOR A TERM; AND FOR RELATED PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. Section 41-4-3, Mississippi Code of 1972, is 8
amended as follows: 9
41-4-3. (1) (a) There is created a State Board of Mental 10
Health, referred to in this chapter as "board," consisting of nine 11
(9) members, to be appointed by the Governor, with the advice and 12
consent of the Senate, each of whom shall be a qualified elector. 13
* * * One (1) member shall be appointed from each * * * 14
congressional district as constituted on January 1, 2026, and five 15
(5) members shall be appointed from the state at large. Four (4) 16
of the state-at-large members shall meet the following 17
requirements: One (1) * * * shall be a licensed medical doctor 18
who is a psychiatrist, one (1) shall hold a Ph.D. degree and be a 19
licensed clinical psychologist, one (1) shall be a licensed 20
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medical doctor, and one (1) * * * shall be a social worker with 21
experience in the mental health field. 22
(b) No more than three (3) members of the board shall 23
be appointed from any one (1) congressional district as 24
constituted on January 1, 2026. However, the provisions of this 25
paragraph shall not affect any member of the board serving on July 26
1, 2026. 27
(c) The members of the board shall serve for terms as 28
follows: One (1) member shall serve for a term that expires on 29
June 30, 2027; one (1) member shall serve for a term that expires 30
on June 30, 2028; two (2) members shall serve for terms that 31
expire on June 30, 2029; one (1) member shall serve for a term 32
that expires on June 30, 2030; two (2) members shall serve for 33
terms that expire on June 30, 2032; and two (2) members shall 34
serve for terms that expire on June 30, 2033. After the 35
expiration of those terms, all subsequent appointments shall be 36
for terms of seven (7) from the expiration date of the previous 37
term. The appointment of a member to succeed a member who was 38
appointed from a congressional district shall be made from the 39
same congressional district as that of the member whose term is 40
expiring. The Governor shall fill any vacancy for the remainder 41
of the unexpired term. The provisions of this paragraph do not 42
require the reappointment of any member of the board who was 43
appointed for any of the terms specified in this paragraph. 44
* * * 45
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(d) The board shall elect a chairman whose term of 46
office shall be one (1) year and until his or her successor * * * 47
is elected. 48
(2) Each board member shall be entitled to a per diem as is 49
authorized by law and all actual and necessary expenses, including 50
mileage as provided by law, incurred in the discharge of official 51
duties. 52
(3) The board shall hold regular meetings quarterly and such 53
special meetings deemed necessary, except that no action shall be 54
taken unless there is present a quorum of at least five (5) 55
members. 56
(4) No board member may be appointed for more than two (2) 57
consecutive terms. For purposes of counting terms of any board 58
member, when the term ends for any board member who is a member of 59
the board as of July 1, 2023, the end of such term shall be 60
considered the person's first term. If any person who is a member 61
of the board as of July 1, 2023, is re-appointed after the 62
expiration of his or her term, such succeeding term shall be 63
considered the second term and such person shall not be 64
re-appointed to the board without a break in service. 65
SECTION 2. Section 41-4-7, Mississippi Code of 1972, is 66
amended as follows: 67
41-4-7. The State Board of Mental Health shall have the 68
following powers and duties: 69
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(a) To appoint * * * a full-time Executive Director of 70
the Department of Mental Health, who shall be employed by the 71
board and shall serve as executive secretary to the board. * * * 72
The executive director shall possess at least a master's degree or 73
its equivalent, and shall possess at least ten (10) years' 74
administrative experience in the field of mental health. The 75
salary of the executive director shall be determined by the board; 76
(b) To appoint a Medical Director for the Department of 77
Mental Health. The medical director shall provide clinical 78
oversight in the implementation of evidence-based and best 79
practices; provide clinical leadership in the integration of 80
mental health, intellectual disability and addiction services with 81
community partners in the public and private sectors; and provide 82
oversight regarding standards of care. The medical director shall 83
serve at the will and pleasure of the board, and will undergo an 84
annual review of job performance and future service to the 85
department; 86
(c) To establish and implement its state strategic 87
plan; 88
(d) To develop a strategic plan for the development of 89
services for persons with mental illness, persons with 90
developmental disabilities and other clients of the public mental 91
health system. Such strategic planning program shall require that 92
the board, acting through the Strategic Planning and Best 93
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Practices Committee, perform the following functions respecting 94
the delivery of services: 95
(i) Establish measures for determining the 96
efficiency and effectiveness of the services specified in Section 97
41-4-1(2); 98
(ii) Conducting studies of community-based care in 99
other jurisdictions to determine which services offered in these 100
jurisdictions have the potential to provide the citizens of 101
Mississippi with more effective and efficient community-based 102
care; 103
(iii) Evaluating the efficiency and effectiveness 104
of the services specified in Section 41-4-1(2); 105
(iv) Recommending to the Legislature by January 1, 106
2014, any necessary additions, deletions or other changes 107
necessary to the services specified in Section 41-4-1(2); 108
(v) Implementing by July 1, 2012, a system of 109
performance measures for the services specified in Section 110
41-4-1(2); 111
(vi) Recommending to the Legislature any changes 112
that the department believes are necessary to the current laws 113
addressing civil commitment; 114
(vii) Conducting any other activities necessary to 115
the evaluation and study of the services specified in Section 116
41-4-1(2); 117
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(viii) Assisting in conducting all necessary 118
strategic planning for the delivery of all other services of the 119
department. Such planning shall be conducted so as to produce a 120
single strategic plan for the services delivered by the public 121
mental health system and shall establish appropriate mission 122
statements, goals, objectives and performance indicators for all 123
programs and services of the public mental health system. For 124
services other than those specified in Section 41-4-1(2), the 125
committee shall recommend to the State Board of Mental Health a 126
strategic plan that the board may adopt or modify; 127
(e) To set up state plans for the purpose of 128
controlling and treating any and all forms of mental and emotional 129
illness, alcoholism, drug misuse and developmental disabilities; 130
(f) [Repealed] 131
(g) To enter into contracts with any other state or 132
federal agency, or with any private person, organization or group 133
capable of contracting, if it finds such action to be in the 134
public interest; 135
(h) To collect reasonable fees for its services; 136
however, if it is determined that a person receiving services is 137
unable to pay the total fee, the department shall collect no more 138
than the amount such person is able to pay; 139
(i) To certify, coordinate and establish minimum 140
standards and establish minimum required services, as specified in 141
Section 41-4-1(2), for regional mental health and intellectual 142
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disability commissions and other community service providers for 143
community or regional programs and services in adult mental 144
health, children and youth mental health, intellectual 145
disabilities, alcoholism, drug misuse, developmental disabilities, 146
compulsive gambling, addictive disorders and related programs 147
throughout the state. Such regional mental health and 148
intellectual disability commissions and other community service 149
providers shall, on or before July 1 of each year, submit an 150
annual operational plan to the State Department of Mental Health 151
for approval or disapproval based on the minimum standards and 152
minimum required services established by the department for 153
certification and itemize the services specified in Section 154
41-4-1(2), including financial statements. As part of the annual 155
operation plan required by this paragraph (i) submitted by any 156
regional community mental health center or by any other reasonable 157
certification deemed acceptable by the department, the community 158
mental health center shall state those services specified in 159
Section 41-4-1(2) that it will provide and also those services 160
that it will not provide. If the department finds deficiencies in 161
the plan of any regional commission or community service provider 162
based on the minimum standards and minimum required services 163
established for certification, the department shall give the 164
regional commission or community service provider a six-month 165
probationary period to bring its standards and services up to the 166
established minimum standards and minimum required services. The 167
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regional commission or community service provider shall develop a 168
sustainability business plan within thirty (30) days of being 169
placed on probation, which shall be signed by all commissioners 170
and shall include policies to address one or more of the 171
following: the deficiencies in programmatic services, clinical 172
service staff expectations, timely and appropriate billing, 173
processes to obtain credentialing for staff, monthly reporting 174
processes, third-party financial reporting and any other required 175
documentation as determined by the department. After the 176
six-month probationary period, if the department determines that 177
the regional commission or community service provider still does 178
not meet the minimum standards and minimum required services 179
established for certification, the department may remove the 180
certification of the commission or provider and from and after 181
July 1, 2011, the commission or provider shall be ineligible for 182
state funds from Medicaid reimbursement or other funding sources 183
for those services. However, the department shall not mandate a 184
standard or service, or decertify a regional commission or 185
community service provider for not meeting a standard or service, 186
if the standard or service does not have funding appropriated by 187
the Legislature or have a state, federal or local funding source 188
identified by the department. No county shall be required to levy 189
millage to provide a mandated standard or service above the 190
minimum rate required by Section 41-19-39. After the six-month 191
probationary period, the department may identify an appropriate 192
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community service provider to provide any core services in that 193
county that are not provided by a community mental health center. 194
However, the department shall not offer reimbursement or other 195
accommodations to a community service provider of core services 196
that were not offered to the decertified community mental health 197
center for the same or similar services. The State Board of 198
Mental Health shall promulgate rules and regulations necessary to 199
implement the provisions of this paragraph (i), in accordance with 200
the Administrative Procedures Law (Section 25-43-1.101 et seq.); 201
(j) To establish and promulgate reasonable minimum 202
standards for the construction and operation of state and all 203
Department of Mental Health certified facilities, including 204
reasonable minimum standards for the admission, diagnosis, care, 205
treatment, transfer of patients and their records, and also 206
including reasonable minimum standards for providing day care, 207
outpatient care, emergency care, inpatient care and follow-up 208
care, when such care is provided for persons with mental or 209
emotional illness, an intellectual disability, alcoholism, drug 210
misuse and developmental disabilities; 211
(k) To implement best practices for all services 212
specified in Section 41-4-1(2), and to establish and implement all 213
other services delivered by the Department of Mental Health. To 214
carry out this responsibility, the board shall require the 215
department to establish a division responsible for developing best 216
practices based on a comprehensive analysis of the mental health 217
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environment to determine what the best practices for each service 218
are. In developing best practices, the board shall consider the 219
cost and benefits associated with each practice with a goal of 220
implementing only those practices that are cost-effective 221
practices for service delivery. Such best practices shall be 222
utilized by the board in establishing performance standards and 223
evaluations of the community mental health centers' services 224
required by paragraph (d) of this section; 225
(l) To assist community or regional programs consistent 226
with the purposes of this chapter by making grants and contracts 227
from available funds; 228
(m) To establish and collect reasonable fees for 229
necessary inspection services incidental to certification or 230
compliance; 231
(n) To accept gifts, trusts, bequests, grants, 232
endowments or transfers of property of any kind; 233
(o) To receive monies coming to it by way of fees for 234
services or by appropriations; 235
(p) To serve as the single state agency in receiving 236
and administering any and all funds available from any source for 237
the purpose of service delivery, training, research and education 238
in regard to all forms of mental illness, intellectual 239
disabilities, alcoholism, drug misuse and developmental 240
disabilities, unless such funds are specifically designated to a 241
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particular agency or institution by the federal government, the 242
Mississippi Legislature or any other grantor; 243
(q) To establish mental health holding centers for the 244
purpose of providing short-term emergency mental health treatment, 245
places for holding persons awaiting commitment proceedings or 246
awaiting placement in a state mental health facility following 247
commitment, and for diverting placement in a state mental health 248
facility. These mental health holding facilities shall be readily 249
accessible, available statewide, and be in compliance with 250
emergency services' minimum standards. They shall be 251
comprehensive and available to triage and make appropriate 252
clinical disposition, including the capability to access inpatient 253
services or less restrictive alternatives, as needed, as 254
determined by medical staff. Such facility shall have medical, 255
nursing and behavioral services available on a 256
twenty-four-hour-a-day basis. The board may provide for all or 257
part of the costs of establishing and operating the holding 258
centers in each district from such funds as may be appropriated to 259
the board for such use, and may participate in any plan or 260
agreement with any public or private entity under which the entity 261
will provide all or part of the costs of establishing and 262
operating a holding center in any district; 263
(r) To certify/license case managers, mental health 264
therapists, intellectual disability therapists, mental 265
health/intellectual disability program administrators, addiction 266
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counselors and others as deemed appropriate by the board. Persons 267
already professionally licensed by another state board or agency 268
are not required to be certified/licensed under this section by 269
the Department of Mental Health. The department shall not use 270
professional titles in its certification/licensure process for 271
which there is an independent licensing procedure. Such 272
certification/licensure shall be valid only in the state mental 273
health system, in programs funded and/or certified by the 274
Department of Mental Health, and/or in programs certified/licensed 275
by the State Department of Health that are operated by the state 276
mental health system serving persons with mental illness, an 277
intellectual disability, a developmental disability or addictions, 278
and shall not be transferable; 279
(s) To develop formal mental health worker 280
qualifications for regional mental health and intellectual 281
disability commissions and other community service providers. The 282
State Personnel Board shall develop and promulgate a recommended 283
salary scale and career ladder for all regional mental 284
health/intellectual disability center therapists and case managers 285
who work directly with clients. The State Personnel Board shall 286
also develop and promulgate a career ladder for all direct care 287
workers employed by the State Department of Mental Health; 288
(t) The employees of the department shall be governed 289
by personnel merit system rules and regulations, the same as other 290
employees in state services; 291
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(u) To establish such rules and regulations as may be 292
necessary in carrying out the provisions of this chapter, 293
including the establishment of a formal grievance procedure to 294
investigate and attempt to resolve consumer complaints; 295
(v) To grant easements for roads, utilities and any 296
other purpose it finds to be in the public interest; 297
(w) To survey statutory designations, building markers 298
and the names given to mental health/intellectual disability 299
facilities and proceedings in order to recommend deletion of 300
obsolete and offensive terminology relative to the mental 301
health/intellectual disability system. Based upon a 302
recommendation of the executive director, the board shall have the 303
authority to name/rename any facility operated under the auspices 304
of the Department of Mental Health for the sole purpose of 305
deleting such terminology; 306
(x) To ensure an effective case management system 307
directed at persons who have been discharged from state and 308
private psychiatric hospitals to ensure their continued well-being 309
in the community; 310
(y) To develop formal service delivery standards 311
designed to measure the quality of services delivered to community 312
clients, as well as the timeliness of services to community 313
clients provided by regional mental health/intellectual disability 314
commissions and other community services providers; 315
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(z) To establish regional state offices to provide 316
mental health crisis intervention centers and services available 317
throughout the state to be utilized on a case-by-case emergency 318
basis. The regional services director, other staff and delivery 319
systems shall meet the minimum standards of the Department of 320
Mental Health; 321
(aa) To require performance contracts with community 322
mental health/intellectual disability service providers to contain 323
performance indicators to measure successful outcomes, including 324
diversion of persons from inpatient psychiatric hospitals, 325
rapid/timely response to emergency cases, client satisfaction with 326
services and other relevant performance measures; 327
(bb) To enter into interagency agreements with other 328
state agencies, school districts and other local entities as 329
determined necessary by the department to ensure that local mental 330
health service entities are fulfilling their responsibilities to 331
the overall state plan for behavioral services; 332
(cc) To establish and maintain a toll-free grievance 333
reporting telephone system for the receipt and referral for 334
investigation of all complaints by clients of state and community 335
mental health/intellectual disability facilities; 336
(dd) To establish a peer review/quality assurance 337
evaluation system that assures that appropriate assessment, 338
diagnosis and treatment is provided according to established 339
professional criteria and guidelines; 340
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(ee) To develop and implement state plans for the 341
purpose of assisting with the care and treatment of persons with 342
Alzheimer's disease and other dementia. This plan shall include 343
education and training of service providers, caregivers in the 344
home setting and others who deal with persons with Alzheimer's 345
disease and other dementia, and development of adult day care, 346
family respite care and counseling programs to assist families who 347
maintain persons with Alzheimer's disease and other dementia in 348
the home setting. No agency shall be required to provide any 349
services under this section until such time as sufficient funds 350
have been appropriated or otherwise made available by the 351
Legislature specifically for the purposes of the treatment of 352
persons with Alzheimer's and other dementia; 353
(ff) Working with the advice and consent of the 354
administration of Ellisville State School, to enter into 355
negotiations with the Economic Development Authority of Jones 356
County for the purpose of negotiating the possible exchange, lease 357
or sale of lands owned by Ellisville State School to the Economic 358
Development Authority of Jones County. It is the intent of the 359
Mississippi Legislature that such negotiations shall ensure that 360
the financial interest of the persons with an intellectual 361
disability served by Ellisville State School will be held 362
paramount in the course of these negotiations. The Legislature 363
also recognizes the importance of economic development to the 364
citizens of the State of Mississippi and Jones County, and 365
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encourages fairness to the Economic Development Authority of Jones 366
County. Any negotiations proposed which would result in the 367
recommendation for exchange, lease or sale of lands owned by 368
Ellisville State School must have the approval of the State Board 369
of Mental Health. The State Board of Mental Health may and has 370
the final authority as to whether or not these negotiations result 371
in the exchange, lease or sale of the properties it currently 372
holds in trust for persons with an intellectual disability served 373
at Ellisville State School. 374
If the State Board of Mental Health authorizes the sale of 375
lands owned by Ellisville State School, as provided for under this 376
paragraph (ff), the monies derived from the sale shall be placed 377
into a special fund that is created in the State Treasury to be 378
known as the "Ellisville State School Client's Trust Fund." The 379
principal of the trust fund shall remain inviolate and shall never 380
be expended. Any interest earned on the principal may be expended 381
solely for the benefits of clients served at Ellisville State 382
School. The State Treasurer shall invest the monies of the trust 383
fund in any of the investments authorized for the Mississippi 384
Prepaid Affordable College Tuition Program under Section 37-155-9, 385
and those investments shall be subject to the limitations 386
prescribed by Section 37-155-9. Unexpended amounts remaining in 387
the trust fund at the end of a fiscal year shall not lapse into 388
the State General Fund, and any interest earned on amounts in the 389
trust fund shall be deposited to the credit of the trust fund. 390
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The administration of Ellisville State School may use any interest 391
earned on the principal of the trust fund, upon appropriation by 392
the Legislature, as needed for services or facilities by the 393
clients of Ellisville State School. Ellisville State School shall 394
make known to the Legislature, through the Legislative Budget 395
Committee and the respective Appropriations Committees of the 396
House and Senate, its proposed use of interest earned on the 397
principal of the trust fund for any fiscal year in which it 398
proposes to make expenditures thereof. The State Treasurer shall 399
provide Ellisville State School with an annual report on the 400
Ellisville State School Client's Trust Fund to indicate the total 401
monies in the trust fund, interest earned during the year, 402
expenses paid from the trust fund and such other related 403
information. 404
Nothing in this section shall be construed as applying to or 405
affecting mental health/intellectual disability services provided 406
by hospitals as defined in Section 41-9-3(a), and/or their 407
subsidiaries and divisions, which hospitals, subsidiaries and 408
divisions are licensed and regulated by the Mississippi State 409
Department of Health unless such hospitals, subsidiaries or 410
divisions voluntarily request certification by the Mississippi 411
State Department of Mental Health. 412
All new programs authorized under this section shall be 413
subject to the availability of funds appropriated therefor by the 414
Legislature; 415
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(gg) Working with the advice and consent of the 416
administration of Boswell Regional Center, to enter into 417
negotiations with the Economic Development Authority of Simpson 418
County for the purpose of negotiating the possible exchange, lease 419
or sale of lands owned by Boswell Regional Center to the Economic 420
Development Authority of Simpson County. It is the intent of the 421
Mississippi Legislature that such negotiations shall ensure that 422
the financial interest of the persons with an intellectual 423
disability served by Boswell Regional Center will be held 424
paramount in the course of these negotiations. The Legislature 425
also recognizes the importance of economic development to the 426
citizens of the State of Mississippi and Simpson County, and 427
encourages fairness to the Economic Development Authority of 428
Simpson County. Any negotiations proposed which would result in 429
the recommendation for exchange, lease or sale of lands owned by 430
Boswell Regional Center must have the approval of the State Board 431
of Mental Health. The State Board of Mental Health may and has 432
the final authority as to whether or not these negotiations result 433
in the exchange, lease or sale of the properties it currently 434
holds in trust for persons with an intellectual disability served 435
at Boswell Regional Center. In any such exchange, lease or sale 436
of such lands owned by Boswell Regional Center, title to all 437
minerals, oil and gas on such lands shall be reserved, together 438
with the right of ingress and egress to remove same, whether such 439
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provisions be included in the terms of any such exchange, lease or 440
sale or not. 441
If the State Board of Mental Health authorizes the sale of 442
lands owned by Boswell Regional Center, as provided for under this 443
paragraph (gg), the monies derived from the sale shall be placed 444
into a special fund that is created in the State Treasury to be 445
known as the "Boswell Regional Center Client's Trust Fund." The 446
principal of the trust fund shall remain inviolate and shall never 447
be expended. Any earnings on the principal may be expended solely 448
for the benefits of clients served at Boswell Regional Center. 449
The State Treasurer shall invest the monies of the trust fund in 450
any of the investments authorized for the Mississippi Prepaid 451
Affordable College Tuition Program under Section 37-155-9, and 452
those investments shall be subject to the limitations prescribed 453
by Section 37-155-9. Unexpended amounts remaining in the trust 454
fund at the end of a fiscal year shall not lapse into the State 455
General Fund, and any earnings on amounts in the trust fund shall 456
be deposited to the credit of the trust fund. The administration 457
of Boswell Regional Center may use any earnings on the principal 458
of the trust fund, upon appropriation by the Legislature, as 459
needed for services or facilities by the clients of Boswell 460
Regional Center. Boswell Regional Center shall make known to the 461
Legislature, through the Legislative Budget Committee and the 462
respective Appropriations Committees of the House and Senate, its 463
proposed use of the earnings on the principal of the trust fund 464
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for any fiscal year in which it proposes to make expenditures 465
thereof. The State Treasurer shall provide Boswell Regional 466
Center with an annual report on the Boswell Regional Center 467
Client's Trust Fund to indicate the total monies in the trust 468
fund, interest and other income earned during the year, expenses 469
paid from the trust fund and such other related information. 470
Nothing in this section shall be construed as applying to or 471
affecting mental health/intellectual disability services provided 472
by hospitals as defined in Section 41-9-3(a), and/or their 473
subsidiaries and divisions, which hospitals, subsidiaries and 474
divisions are licensed and regulated by the Mississippi State 475
Department of Health unless such hospitals, subsidiaries or 476
divisions voluntarily request certification by the Mississippi 477
State Department of Mental Health. 478
All new programs authorized under this section shall be 479
subject to the availability of funds appropriated therefor by the 480
Legislature; 481
(hh) Notwithstanding any other section of the code, the 482
Board of Mental Health shall be authorized to fingerprint and 483
perform a criminal history record check on every employee or 484
volunteer. Every employee and volunteer shall provide a valid 485
current social security number and/or driver's license number 486
which shall be furnished to conduct the criminal history record 487
check. If no disqualifying record is identified at the state 488
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level, fingerprints shall be forwarded to the Federal Bureau of 489
Investigation for a national criminal history record check; 490
(ii) The Department of Mental Health shall have the 491
authority for the development of a consumer friendly single point 492
of intake and referral system within its service areas for persons 493
with mental illness, an intellectual disability, developmental 494
disabilities or alcohol or substance abuse who need assistance 495
identifying or accessing appropriate services. The department 496
will develop and implement a comprehensive evaluation procedure 497
ensuring that, where appropriate, the affected person or their 498
parent or legal guardian will be involved in the assessment and 499
planning process. The department, as the point of intake and as 500
service provider, shall have the authority to determine the 501
appropriate institutional, hospital or community care setting for 502
persons who have been diagnosed with mental illness, an 503
intellectual disability, developmental disabilities and/or alcohol 504
or substance abuse, and may provide for the least restrictive 505
placement if the treating professional believes such a setting is 506
appropriate, if the person affected or their parent or legal 507
guardian wants such services, and if the department can do so with 508
a reasonable modification of the program without creating a 509
fundamental alteration of the program. The least restrictive 510
setting could be an institution, hospital or community setting, 511
based upon the needs of the affected person or their parent or 512
legal guardian; 513
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(jj) To have the sole power and discretion to enter 514
into, sign, execute and deliver long-term or multiyear leases of 515
real and personal property owned by the Department of Mental 516
Health to and from other state and federal agencies and private 517
entities deemed to be in the public's best interest. Any monies 518
derived from such leases shall be deposited into the funds of the 519
Department of Mental Health for its exclusive use. Leases to 520
private entities shall be approved by the Department of Finance 521
and Administration and all leases shall be filed with the 522
Secretary of State; 523
(kk) To certify and establish minimum standards and 524
minimum required services for county facilities used for housing, 525
feeding and providing medical treatment for any person who has 526
been involuntarily ordered admitted to a treatment center by a 527
court of competent jurisdiction. The minimum standard for the 528
initial assessment of those persons being housed in county 529
facilities is for the assessment to be performed by a physician, 530
preferably a psychiatrist, or by a nurse practitioner, preferably 531
a psychiatric nurse practitioner. If the department finds 532
deficiencies in any such county facility or its provider based on 533
the minimum standards and minimum required services established 534
for certification, the department shall give the county or its 535
provider a six-month probationary period to bring its standards 536
and services up to the established minimum standards and minimum 537
required services. After the six-month probationary period, if 538
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ST: Mental Health; revise appointment of Board
of Mental Health and Executive Director.
the department determines that the county or its provider still 539
does not meet the minimum standards and minimum required services, 540
the department may remove the certification of the county or 541
provider and require the county to contract with another county 542
having a certified facility to hold those persons for that period 543
of time pending transportation and admission to a state treatment 544
facility. Any cost incurred by a county receiving an 545
involuntarily committed person from a county with a decertified 546
holding facility shall be reimbursed by the home county to the 547
receiving county; and 548
(ll) To provide orientation training to all new 549
commissioners of regional commissions and annual training for all 550
commissioners with continuing education regarding the Mississippi 551
mental health system and services as developed by the State 552
Department of Mental Health. Training shall be provided at the 553
expense of the department except for travel expenses which shall 554
be paid by the regional commission. 555
SECTION 3. This act shall take effect and be in force from 556
and after July 1, 2026. 557