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To: Public Health and Human
Services; Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Creekmore IV
HOUSE BILL NO. 348
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 SUCH PERSON MAY BE TAKEN INTO 40
CUSTODY WITHOUT A CIVIL ORDER OR WARRANT FOR IMMEDIATE MENTAL 41
EXAMINATION TO DETERMINE NEED FOR BEHAVIORAL HEALTH TREATMENT AT A 42
HOSPITAL OR TREATMENT FACILITY; TO REQUIRE IMMEDIATE EXAMINATION 43
OF INDIVIDUALS SO DETAINED BY A PHYSICIAN, PSYCHOLOGIST OR 44
DESIGNATED PROFESSIONAL TO DETERMINE IF SUCH PERSON IS SUBJECT TO 45
ADMISSION TO A HOSPITAL OR TREATMENT FACILITY; TO PRESCRIBE THE 46
PROCEDURES TO BE FOLLOWED UPON A DETERMINATION BY THE EVALUATING 47
PHYSICIAN, PSYCHOLOGIST OR DESIGNATED PROFESSIONAL IF THE PERSON 48
IS OR IS NOT TO BE ADMITTED INTO A HOSPITAL OR TREATMENT FACILITY; 49
TO DEFINE THE TERM "QUALIFIED ADVANCED PRACTICE PROVIDER AND 50
PRESCRIBE THE PROCEDURES TO BE FOLLOWED BY SUCH INDIVIDUALS WHEN 51
EVALUATING AND RECOMMENDING ADMISSION FOR PERSONS EXPERIENCING A 52
MENTAL HEALTH CRISIS; TO PRESCRIBE THE DUTY OF LAW ENFORCEMENT 53
AGENCIES OR TRANSPORTATION AGENTS TO RETURN INDIVIDUALS SUSPECTED 54
OF 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
HEALTHCARE 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 must 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 application and establish guidelines for 109
the administration of the program and application deadlines. The 110
department shall determine the minimum amount of grant assistance 111
allocated to each approved law enforcement agency selected to 112
participate in the pilot program, and condition additional funding 113
support to approved applicants based upon historical and 114
anticipated transport volume, which such award amount shall 115
require an twenty-five percent (25%) funding match from each local 116
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 facility, hospital or treatment 142
facility at which the person is proposed to be admitted, the 143
physician, psychologist or designated professional who completed 144
the certificate of need under Section 3 of this act shall give the 145
law enforcement agency or the transportation agent designated 146
under this act the original of the certificate and turn the person 147
over to the custody of the law enforcement agency or 148
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transportation agent who shall transport the person to a hospital 149
or treatment facility that has available suitable accommodations 150
for the person for proceedings under Section 4 of this act. If 151
admission is sought to a state-owned or operated hospital or 152
treatment facility, the physician, psychologist or designated 153
professional who completed the certificate of need under Section 3 154
of this act shall also provide to the law enforcement agency or 155
transportation agent a written statement verifying that the 156
state-owned or operated hospital or treatment facility has been 157
contacted and has available suitable accommodations, and the law 158
enforcement agency or transportation agent shall not be required 159
to take custody of the person for transportation unless both the 160
original of the certificate and the written statement are 161
provided. If the original of the certificate is unavailable, then 162
an identical hard copy or electronic copy submitted by reliable 163
electronic means must be accepted for purposes of this section. 164
Failure of the law enforcement agency or other transportation 165
agent to provide both a certificate of need and the written 166
statement to the receiving state-owned or operated hospital or 167
treatment facility for proceedings under Section 4 of this act 168
shall result in all costs attendant to the person's admission and 169
treatment being assessed 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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as to where the person is and the best estimate of anticipated 174
time of 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 for certification of need for care and treatment. 195
(2) If a person is experiencing a mental health crisis as 196
determined by the criteria established in Section 41-21-140(1), 197
then the person may be admitted and detained by a hospital or 198
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treatment facility for emergency diagnosis, evaluation and 199
treatment under this act. 200
SECTION 3. (1) If a licensed physician, psychologist or 201
professional designated by crisis intervention team takes a person 202
into custody under Section 2(1) of this act, a person is brought 203
to the physician, psychologist or designated professional for 204
examination under this section, then the physician, psychologist 205
or designated professional shall immediately examine the person 206
and decide whether the person is subject to admission to a 207
hospital or treatment facility under Section 2(2) of this act. 208
(2) (a) If the person is not subject to admission under the 209
authority of subsection (1), then the physician, psychologist or 210
designated professional shall release the person. 211
(b) If the person is subject to admission under the 212
authority of subsection (1), then the physician, psychologist or 213
designated professional shall complete a certificate of need for 214
the emergency diagnosis, evaluation and treatment showing the 215
factual foundation for the conclusions on each item of Section 216
41-21-140(1). The physician, psychologist or designated 217
professional shall assess the person's clinical needs and need for 218
physical restraint or vehicle security and determine the mode of 219
transportation to the hospital in consultation with a prescreening 220
agent, other mental health professional familiar with the person, 221
or a knowledgeable family member. 222
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(c) If admission is sought at a state-owned or operated 223
hospital or treatment facility, the physician, psychologist or 224
designated professional shall verify that the state-owned or 225
operated hospital or treatment facility has been contacted and has 226
available suitable accommodations, acknowledging such verification 227
in writing before transport is effectuated. 228
SECTION 4. (1) As used in this section, "qualified advanced 229
practice provider" means an individual working in collaboration 230
with a licensed physician, and who is a: 231
(a) Licensed advanced practical nurse with a current 232
certification from a national certifying organization, as a 233
psychiatric-mental health advanced practical nurse; or 234
(b) Physician assistant with a current certification 235
from a national certifying organization, as having additional 236
qualifications in psychiatry. 237
(2) A hospital or treatment facility that receives a person 238
transported under Section 41-21-140 must have a licensed physician 239
or a qualified advanced practice provider examine the person to 240
determine whether the person is subject to admission. 241
(3) If the person is subject to admission under Section 242
41-21-140, then the physician or qualified advanced practice 243
provider must complete a certificate of need for the emergency 244
diagnosis, evaluation and treatment showing the factual foundation 245
for the conclusions on each item of Section 41-21-140(1). 246
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(4) If the person is not subject to admission and the law 247
enforcement agency or transportation agent is under a duty to 248
remain at the hospital or treatment facility under Section 249
41-21-140, then the law enforcement agency or transportation agent 250
shall return the person to the county or municipality of original 251
interaction with said law enforcement agency or transportation 252
agent. 253
(5) If the person is not subject to admission and the local 254
law enforcement agency or transportation agent is not under a duty 255
to remain at the hospital or treatment facility under 256
41-21-140(7)(b), then the hospital or treatment facility shall 257
return the person to the county or municipality of original 258
interaction with said law enforcement agency or transportation 259
agent. 260
(6) A hospital, treatment facility or healthcare provider is 261
immune from civil liability and has an affirmative defense to 262
criminal liability arising either from a determination relative to 263
admission of a person to a facility or treatment facility or from 264
the transportation of a person to and from the hospital or 265
treatment facility. 266
SECTION 5. (1) (a) The local law enforcement agency having 267
primary jurisdiction of the area in which a person with mental 268
illness or serious emotional disturbance is to be transported 269
under this act, shall transport the person except for persons who 270
are transported by: 271
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(i) A secondary transportation agent under this 272
section; 273
(ii) Another county or municipal law enforcement 274
agency that meets the requirements for a secondary transportation 275
agent under this section with whom the primary local law 276
enforcement agency has entered into contract under the authority 277
of Section 41-21-140(3); or 278
(iii) One or more friends, neighbors, other mental 279
health professionals familiar with the person, relatives of the 280
person or a member of the clergy. 281
(b) The local law enforcement agency may designate a 282
secondary transportation agent or agents for the county or 283
municipality for persons with mental illness or serious emotional 284
disturbance whom a physician or prescreening authority has 285
evaluated and determined do not require physical restraint or 286
vehicle security. Like the local law enforcement agency, a 287
secondary transportation agent shall be available twenty-four (24) 288
hours per day, provide adequately for the safety and security of 289
the person to be transported, and provide appropriate medical 290
conditions for transporting persons for involuntary 291
hospitalization. The local law enforcement agency having primary 292
jurisdiction shall take into account in designating a secondary 293
transportation agent or other county or municipal law enforcement 294
agency both its funding and the characteristics of the persons who 295
will be transported. The local law enforcement agency shall 296
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consult with the appropriate local governing authority before 297
designating a secondary transportation agent. A secondary 298
transportation agent has the same duties and authority under this 299
chapter in the detention or transportation of those persons as the 300
local law enforcement agency. The designation of a transportation 301
agent other than the local law enforcement agency is a 302
discretionary function. If a prescreening agent, physician or 303
licensed psychologist with health service provider designation, 304
who is acting under Section 3(2)(b), determines that the person 305
does not require physical restraint or vehicle security, then any 306
person identified in subsection (1)(a)(iii) of this section may, 307
instead of the local law enforcement agency, transport the person 308
at the transporter's expense. 309
(c) (i) If a physician, psychologist, or professional 310
designated by the crisis intervention team, operating under 311
Section 3(2)(b), determines to a reasonable degree of professional 312
certainty that the person subject to transportation under this 313
part does not require physical restraint or vehicle security and 314
does not pose a reasonable risk of danger to the person's self or 315
others, then the local law enforcement agency may permit one or 316
more persons designated under this section, other than the local 317
law enforcement agency or secondary transportation agent, to 318
transport the person; provided, that the person or persons provide 319
proof of current automobile insurance. Before a person is 320
transported, the local law enforcement agency or other 321
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transportation agent designated under paragraphs (a) or (b) of 322
this subsection (1) shall give the notice required by Section 323
41-21-14(7), along with the name or names of the person or persons 324
who will actually transport the person subject to admission to a 325
hospital or treatment resource. The person or persons designated 326
to transport under this section must comply with the requirements 327
of Section 41-21-14(7)(b)(2) and Section 4(3) of this act, and 328
must provide the original of the certificate completed under 329
Section 3(2)(b) to the hospital or treatment resource. 330
(ii) When making this determination, the 331
physician, psychologist or designated professional operating under 332
Section 3(2)(b) shall be immune from any civil liability and shall 333
have an affirmative defense to any criminal liability arising from 334
that protected activity. 335
(iii) When making this determination, if the 336
physician, psychologist or designated professional operating under 337
Section 3(2)(b) is an agent of a hospital, health care facility, 338
or community mental health center, that hospital, health care 339
facility or community mental health center shall be immune from 340
any civil liability and shall have an affirmative defense to any 341
criminal liability arising from this agent's protected activity 342
and from the transportation of the person to and from the 343
facility. 344
(2) When a local law enforcement agency or secondary 345
transportation agent is required to transport a person to a 346
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hospital or treatment resource for screening, evaluation, 347
diagnosis or hospitalization, the county or municipality in which 348
the person is initially transported by the local law enforcement 349
agency or secondary transportation agent is responsible for the 350
remainder of such person's transportation requirements. The 351
initial transporting county or municipality is responsible for the 352
continuing transportation of the person even if the person is 353
assessed, diagnosed, screened or evaluated in a second county 354
before being admitted to a facility, hospital or treatment 355
resource in a third county within the state. If the person is 356
transported to a hospital or treatment resource by the local law 357
enforcement agency or secondary transportation agent of a county 358
other than the initial transporting county, the local law 359
enforcement agency or secondary transportation agent actually 360
providing transportation may bill the initial transporting county 361
for transportation costs. 362
(3) The Department of Mental Health shall provide training 363
on mental health crisis management for transportation agents and 364
the local law enforcement agencies' personnel. 365
SECTION 6. It is the policy of this state that people with 366
mental illness who are determined to be a danger to themselves and 367
in need of physical restraint or vehicular security shall be 368
transported by the local law enforcement agency or secondary 369
transportation agents designated by the local law enforcement 370
agency. People with a mental illness who do not present 371
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ST: Mississippi Helping Ensure Alternative Law
Enforcement Transportation for Healing
(MissHEALTH) Pilot Program; establish for mental
health crisis.
themselves as a danger to themselves or are not in need of 372
physical restraint or vehicular security may be transported by one 373
or more friends, neighbors, other mental health professionals 374
familiar with the person, relatives of the person or a member of 375
the clergy; provided, that these persons are willing and able to 376
provide such transport. 377
SECTION 7. This act shall take effect and be in force from 378
and after July 1, 2026. 379