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To: Public Health and
Welfare
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Bryan

SENATE BILL NO. 2478

AN ACT TO BRING FORWARD SECTIONS 41-4-1, 41-4-2, 41-4-3, 1
41-4-5, 41-4-7, 41-4-8, 41-4-9, 41-4-11, 41-4-13, 41-4-17, 2
41-4-18, 41-4-19, 41-4-21, 41-4-23, 41-4-25, 41-4-27, 41-4-29, 3
41-19-33, 41-19-43, 41-19-45, 41-21-63, 41-21-65, 41-21-67, 4
41-21-68, 41-21-71, 41-21-73, 41-21-77, 41-21-87, 41-21-143 AND 5
41-31-5, MISSISSIPPI CODE OF 1972, WHICH RELATE TO THE DEPARTMENT 6
OF MENTAL HEALTH AND COMMUNITY MENTAL HEALTH CENTERS, FOR PURPOSES 7
OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. Section 41-4-1, Mississippi Code of 1972, is 10
brought forward as follows: 11
41-4-1. (1) The goal of the Rose Isabel Williams Mental 12
Health Reform Act of 2011 is to reform the current Mississippi 13
mental health delivery system so that necessary services, supports 14
and operational structures for all its citizens with mental 15
illness and/or alcohol and drug dependence and/or comorbidity, 16
whether children, youth or adults, are accessible and delivered 17
preferably in the communities where these citizens live. To 18
accomplish this goal, this act provides that initially certain 19
core services as defined in subsection (2) of this section should 20
be available to residents of each county in the state. These 21
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services may be provided by community mental health/intellectual 22
disability centers. In order to determine what services are 23
available, the State Department of Mental Health is directed to 24
survey the community mental health/intellectual disability 25
centers, and the community mental health/intellectual disability 26
centers are directed to report what services they are currently 27
providing in each county. This act does not require any community 28
mental health/intellectual disability center to provide any 29
service. This act is not independent authority for any program 30
not otherwise authorized. 31
(2) The State Board of Mental Health is authorized and 32
empowered to promulgate regulations to ensure that core adult 33
mental health services, child mental health services, 34
intellectual/developmental disability services, and substance 35
abuse prevention and treatment/rehabilitation services are 36
provided throughout the state through the regional mental 37
health/intellectual disability commissions and centers or through 38
other providers. The State Board of Mental Health is directed to 39
give priority to crisis services and crisis stabilization unit 40
services provided twenty-four (24) hours a day, seven (7) days a 41
week, where trained emergency-crisis response staff triage 42
referrals and respond in a timely and adequate manner to diffuse a 43
current personal crisis situation. 44
SECTION 2. Section 41-4-2, Mississippi Code of 1972, is 45
brought forward as follows: 46
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41-4-2. The purpose of this chapter is to coordinate, 47
develop, improve, plan for, and provide all services for persons 48
of this state with mental illness, emotional disturbance, 49
alcoholism, drug dependence, and an intellectual disability; to 50
promote, safeguard and protect human dignity, social well-being 51
and general welfare of these persons under the cohesive control of 52
one (1) coordinating and responsible agency so that mental health 53
and intellectual disability services and facilities may be 54
uniformly provided more efficiently and economically to any 55
resident of the State of Mississippi; and further to seek means 56
for the prevention of these disabilities. 57
SECTION 3. Section 41-4-3, Mississippi Code of 1972, is 58
brought forward as follows: 59
41-4-3. (1) There is created a State Board of Mental 60
Health, referred to in this chapter as "board," consisting of nine 61
(9) members, to be appointed by the Governor, with the advice and 62
consent of the Senate, each of whom shall be a qualified elector. 63
Three (3) members shall be appointed from each Mississippi Supreme 64
Court District. One (1) appointee shall be a licensed medical 65
doctor who is a psychiatrist, one (1) shall hold a Ph.D. degree 66
and be a licensed clinical psychologist, one (1) shall be a 67
licensed medical doctor, and one (1) of whom shall be a social 68
worker with experience in the mental health field. 69
The State Board of Mental Health, created by former Section 70
41-4-3, is continued and reconstituted as follows: Effective 71
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January 1, 2028, each member shall be appointed by the Governor, 72
with the advice and consent of the Senate, for a term of office of 73
four (4) years, provided that five (5) members shall be appointed 74
in 2028 to a term ending December 31, 2031, and four (4) members 75
shall be appointed in 2030 to a term ending December 31, 2033. 76
Appointments made at the beginning of the four-year cycle shall be 77
made to fill any member's term which actually expires that year 78
and any member's term which expires next until the majority of the 79
membership of the board or commission is reached. Appointments 80
made at the beginning of the third year of the four-year cycle 81
shall be made for the remainder of the membership positions 82
irrespective of the time of their prior appointment. Any question 83
regarding the order of appointments shall be determined by the 84
Secretary of State in accordance with the specific statute. All 85
appointment procedures, vacancy provisions, interim appointment 86
provisions and removal provisions specifically provided for in 87
Section 7-1-35, Mississippi Code of 1972, shall be fully 88
applicable to appointments to the State Board of Mental Health. 89
The board shall elect a chairman whose term of office shall 90
be one (1) year and until his successor shall be elected. 91
(2) Each board member shall be entitled to a per diem as is 92
authorized by law and all actual and necessary expenses, including 93
mileage as provided by law, incurred in the discharge of official 94
duties. 95
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(3) The board shall hold regular meetings quarterly and such 96
special meetings deemed necessary, except that no action shall be 97
taken unless there is present a quorum of at least five (5) 98
members. 99
(4) No board member may be appointed for more than two (2) 100
consecutive terms. 101
SECTION 4. Section 41-4-5, Mississippi Code of 1972, is 102
brought forward as follows: 103
41-4-5. There is created the State Department of Mental 104
Health, herein referred to as "department," which shall consist of 105
four (4) or more divisions, among them the Division of 106
Intellectual Disabilities, the Division of Alcohol and Drug 107
Misuse, the Division of Mental Health, and the Division of 108
Administration, Planning and Coordination, and such other 109
divisions as the board deems appropriate. 110
SECTION 5. Section 41-4-7, Mississippi Code of 1972, is 111
brought forward as follows: 112
41-4-7. The State Board of Mental Health shall have the 113
following powers and duties: 114
(a) To appoint, with the advice and consent of the 115
Senate, a full-time Executive Director of the Department of Mental 116
Health, who shall be employed by the board and shall serve as 117
executive secretary to the board. The executive director shall 118
serve for a term of four (4) years, consistent with the provisions 119
of Section 7-1-35, Mississippi Code of 1972. The first director 120
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shall be a duly licensed physician with special interest and 121
competence in psychiatry, and shall possess a minimum of three (3) 122
years' experience in clinical and administrative psychiatry. 123
Subsequent directors shall possess at least a master's degree or 124
its equivalent, and shall possess at least ten (10) years' 125
administrative experience in the field of mental health. The 126
salary of the executive director shall be determined by the board; 127
(b) To appoint a Medical Director for the Department of 128
Mental Health. The medical director shall provide clinical 129
oversight in the implementation of evidence-based and best 130
practices; provide clinical leadership in the integration of 131
mental health, intellectual disability and addiction services with 132
community partners in the public and private sectors; and provide 133
oversight regarding standards of care. The medical director shall 134
serve at the will and pleasure of the board, and will undergo an 135
annual review of job performance and future service to the 136
department; 137
(c) To establish and implement its state strategic 138
plan; 139
(d) To develop a strategic plan for the development of 140
services for persons with mental illness, persons with 141
developmental disabilities and other clients of the public mental 142
health system. Such strategic planning program shall require that 143
the board, acting through the Strategic Planning and Best 144
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Practices Committee, perform the following functions respecting 145
the delivery of services: 146
(i) Establish measures for determining the 147
efficiency and effectiveness of the services specified in Section 148
41-4-1(2); 149
(ii) Conducting studies of community-based care in 150
other jurisdictions to determine which services offered in these 151
jurisdictions have the potential to provide the citizens of 152
Mississippi with more effective and efficient community-based 153
care; 154
(iii) Evaluating the efficiency and effectiveness 155
of the services specified in Section 41-4-1(2); 156
(iv) Recommending to the Legislature by January 1, 157
2014, any necessary additions, deletions or other changes 158
necessary to the services specified in Section 41-4-1(2); 159
(v) Implementing by July 1, 2012, a system of 160
performance measures for the services specified in Section 161
41-4-1(2); 162
(vi) Recommending to the Legislature any changes 163
that the department believes are necessary to the current laws 164
addressing civil commitment; 165
(vii) Conducting any other activities necessary to 166
the evaluation and study of the services specified in Section 167
41-4-1(2); 168
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(viii) Assisting in conducting all necessary 169
strategic planning for the delivery of all other services of the 170
department. Such planning shall be conducted so as to produce a 171
single strategic plan for the services delivered by the public 172
mental health system and shall establish appropriate mission 173
statements, goals, objectives and performance indicators for all 174
programs and services of the public mental health system. For 175
services other than those specified in Section 41-4-1(2), the 176
committee shall recommend to the State Board of Mental Health a 177
strategic plan that the board may adopt or modify; 178
(e) To set up state plans for the purpose of 179
controlling and treating any and all forms of mental and emotional 180
illness, alcoholism, drug misuse and developmental disabilities; 181
(f) [Repealed] 182
(g) To enter into contracts with any other state or 183
federal agency, or with any private person, organization or group 184
capable of contracting, if it finds such action to be in the 185
public interest; 186
(h) To collect reasonable fees for its services; 187
however, if it is determined that a person receiving services is 188
unable to pay the total fee, the department shall collect no more 189
than the amount such person is able to pay; 190
(i) To certify, coordinate and establish minimum 191
standards and establish minimum required services, as specified in 192
Section 41-4-1(2), for regional mental health and intellectual 193
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disability commissions and other community service providers for 194
community or regional programs and services in adult mental 195
health, children and youth mental health, intellectual 196
disabilities, alcoholism, drug misuse, developmental disabilities, 197
compulsive gambling, addictive disorders and related programs 198
throughout the state. Such regional mental health and 199
intellectual disability commissions and other community service 200
providers shall, on or before July 1 of each year, submit an 201
annual operational plan to the State Department of Mental Health 202
for approval or disapproval based on the minimum standards and 203
minimum required services established by the department for 204
certification and itemize the services specified in Section 205
41-4-1(2), including financial statements. As part of the annual 206
operation plan required by this paragraph (i) submitted by any 207
regional community mental health center or by any other reasonable 208
certification deemed acceptable by the department, the community 209
mental health center shall state those services specified in 210
Section 41-4-1(2) that it will provide and also those services 211
that it will not provide. If the department finds deficiencies in 212
the plan of any regional commission or community service provider 213
based on the minimum standards and minimum required services 214
established for certification, the department shall give the 215
regional commission or community service provider a six-month 216
probationary period to bring its standards and services up to the 217
established minimum standards and minimum required services. The 218
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regional commission or community service provider shall develop a 219
sustainability business plan within thirty (30) days of being 220
placed on probation, which shall be signed by all commissioners 221
and shall include policies to address one or more of the 222
following: the deficiencies in programmatic services, clinical 223
service staff expectations, timely and appropriate billing, 224
processes to obtain credentialing for staff, monthly reporting 225
processes, third-party financial reporting and any other required 226
documentation as determined by the department. After the 227
six-month probationary period, if the department determines that 228
the regional commission or community service provider still does 229
not meet the minimum standards and minimum required services 230
established for certification, the department may remove the 231
certification of the commission or provider and from and after 232
July 1, 2011, the commission or provider shall be ineligible for 233
state funds from Medicaid reimbursement or other funding sources 234
for those services. However, the department shall not mandate a 235
standard or service, or decertify a regional commission or 236
community service provider for not meeting a standard or service, 237
if the standard or service does not have funding appropriated by 238
the Legislature or have a state, federal or local funding source 239
identified by the department. No county shall be required to levy 240
millage to provide a mandated standard or service above the 241
minimum rate required by Section 41-19-39. After the six-month 242
probationary period, the department may identify an appropriate 243
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community service provider to provide any core services in that 244
county that are not provided by a community mental health center. 245
However, the department shall not offer reimbursement or other 246
accommodations to a community service provider of core services 247
that were not offered to the decertified community mental health 248
center for the same or similar services. The State Board of 249
Mental Health shall promulgate rules and regulations necessary to 250
implement the provisions of this paragraph (i), in accordance with 251
the Administrative Procedures Law (Section 25-43-1.101 et seq.); 252
(j) To establish and promulgate reasonable minimum 253
standards for the construction and operation of state and all 254
Department of Mental Health certified facilities, including 255
reasonable minimum standards for the admission, diagnosis, care, 256
treatment, transfer of patients and their records, and also 257
including reasonable minimum standards for providing day care, 258
outpatient care, emergency care, inpatient care and follow-up 259
care, when such care is provided for persons with mental or 260
emotional illness, an intellectual disability, alcoholism, drug 261
misuse and developmental disabilities; 262
(k) To implement best practices for all services 263
specified in Section 41-4-1(2), and to establish and implement all 264
other services delivered by the Department of Mental Health. To 265
carry out this responsibility, the board shall require the 266
department to establish a division responsible for developing best 267
practices based on a comprehensive analysis of the mental health 268
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environment to determine what the best practices for each service 269
are. In developing best practices, the board shall consider the 270
cost and benefits associated with each practice with a goal of 271
implementing only those practices that are cost-effective 272
practices for service delivery. Such best practices shall be 273
utilized by the board in establishing performance standards and 274
evaluations of the community mental health centers' services 275
required by paragraph (d) of this section; 276
(l) To assist community or regional programs consistent 277
with the purposes of this chapter by making grants and contracts 278
from available funds; 279
(m) To establish and collect reasonable fees for 280
necessary inspection services incidental to certification or 281
compliance; 282
(n) To accept gifts, trusts, bequests, grants, 283
endowments or transfers of property of any kind; 284
(o) To receive monies coming to it by way of fees for 285
services or by appropriations; 286
(p) To serve as the single state agency in receiving 287
and administering any and all funds available from any source for 288
the purpose of service delivery, training, research and education 289
in regard to all forms of mental illness, intellectual 290
disabilities, alcoholism, drug misuse and developmental 291
disabilities, unless such funds are specifically designated to a 292
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particular agency or institution by the federal government, the 293
Mississippi Legislature or any other grantor; 294
(q) To establish mental health holding centers for the 295
purpose of providing short-term emergency mental health treatment, 296
places for holding persons awaiting commitment proceedings or 297
awaiting placement in a state mental health facility following 298
commitment, and for diverting placement in a state mental health 299
facility. These mental health holding facilities shall be readily 300
accessible, available statewide, and be in compliance with 301
emergency services' minimum standards. They shall be 302
comprehensive and available to triage and make appropriate 303
clinical disposition, including the capability to access inpatient 304
services or less restrictive alternatives, as needed, as 305
determined by medical staff. Such facility shall have medical, 306
nursing and behavioral services available on a 307
twenty-four-hour-a-day basis. The board may provide for all or 308
part of the costs of establishing and operating the holding 309
centers in each district from such funds as may be appropriated to 310
the board for such use, and may participate in any plan or 311
agreement with any public or private entity under which the entity 312
will provide all or part of the costs of establishing and 313
operating a holding center in any district; 314
(r) To certify/license case managers, mental health 315
therapists, intellectual disability therapists, mental 316
health/intellectual disability program administrators, addiction 317
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counselors and others as deemed appropriate by the board. Persons 318
already professionally licensed by another state board or agency 319
are not required to be certified/licensed under this section by 320
the Department of Mental Health. The department shall not use 321
professional titles in its certification/licensure process for 322
which there is an independent licensing procedure. Such 323
certification/licensure shall be valid only in the state mental 324
health system, in programs funded and/or certified by the 325
Department of Mental Health, and/or in programs certified/licensed 326
by the State Department of Health that are operated by the state 327
mental health system serving persons with mental illness, an 328
intellectual disability, a developmental disability or addictions, 329
and shall not be transferable; 330
(s) To develop formal mental health worker 331
qualifications for regional mental health and intellectual 332
disability commissions and other community service providers. The 333
State Personnel Board shall develop and promulgate a recommended 334
salary scale and career ladder for all regional mental 335
health/intellectual disability center therapists and case managers 336
who work directly with clients. The State Personnel Board shall 337
also develop and promulgate a career ladder for all direct care 338
workers employed by the State Department of Mental Health; 339
(t) The employees of the department shall be governed 340
by personnel merit system rules and regulations, the same as other 341
employees in state services; 342
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(u) To establish such rules and regulations as may be 343
necessary in carrying out the provisions of this chapter, 344
including the establishment of a formal grievance procedure to 345
investigate and attempt to resolve consumer complaints; 346
(v) To grant easements for roads, utilities and any 347
other purpose it finds to be in the public interest; 348
(w) To survey statutory designations, building markers 349
and the names given to mental health/intellectual disability 350
facilities and proceedings in order to recommend deletion of 351
obsolete and offensive terminology relative to the mental 352
health/intellectual disability system. Based upon a 353
recommendation of the executive director, the board shall have the 354
authority to name/rename any facility operated under the auspices 355
of the Department of Mental Health for the sole purpose of 356
deleting such terminology; 357
(x) To ensure an effective case management system 358
directed at persons who have been discharged from state and 359
private psychiatric hospitals to ensure their continued well-being 360
in the community; 361
(y) To develop formal service delivery standards 362
designed to measure the quality of services delivered to community 363
clients, as well as the timeliness of services to community 364
clients provided by regional mental health/intellectual disability 365
commissions and other community services providers; 366
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(z) To establish regional state offices to provide 367
mental health crisis intervention centers and services available 368
throughout the state to be utilized on a case-by-case emergency 369
basis. The regional services director, other staff and delivery 370
systems shall meet the minimum standards of the Department of 371
Mental Health; 372
(aa) To require performance contracts with community 373
mental health/intellectual disability service providers to contain 374
performance indicators to measure successful outcomes, including 375
diversion of persons from inpatient psychiatric hospitals, 376
rapid/timely response to emergency cases, client satisfaction with 377
services and other relevant performance measures; 378
(bb) To enter into interagency agreements with other 379
state agencies, school districts and other local entities as 380
determined necessary by the department to ensure that local mental 381
health service entities are fulfilling their responsibilities to 382
the overall state plan for behavioral services; 383
(cc) To establish and maintain a toll-free grievance 384
reporting telephone system for the receipt and referral for 385
investigation of all complaints by clients of state and community 386
mental health/intellectual disability facilities; 387
(dd) To establish a peer review/quality assurance 388
evaluation system that assures that appropriate assessment, 389
diagnosis and treatment is provided according to established 390
professional criteria and guidelines; 391
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(ee) To develop and implement state plans for the 392
purpose of assisting with the care and treatment of persons with 393
Alzheimer's disease and other dementia. This plan shall include 394
education and training of service providers, caregivers in the 395
home setting and others who deal with persons with Alzheimer's 396
disease and other dementia, and development of adult day care, 397
family respite care and counseling programs to assist families who 398
maintain persons with Alzheimer's disease and other dementia in 399
the home setting. No agency shall be required to provide any 400
services under this section until such time as sufficient funds 401
have been appropriated or otherwise made available by the 402
Legislature specifically for the purposes of the treatment of 403
persons with Alzheimer's and other dementia; 404
(ff) Working with the advice and consent of the 405
administration of Ellisville State School, to enter into 406
negotiations with the Economic Development Authority of Jones 407
County for the purpose of negotiating the possible exchange, lease 408
or sale of lands owned by Ellisville State School to the Economic 409
Development Authority of Jones County. It is the intent of the 410
Mississippi Legislature that such negotiations shall ensure that 411
the financial interest of the persons with an intellectual 412
disability served by Ellisville State School will be held 413
paramount in the course of these negotiations. The Legislature 414
also recognizes the importance of economic development to the 415
citizens of the State of Mississippi and Jones County, and 416
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encourages fairness to the Economic Development Authority of Jones 417
County. Any negotiations proposed which would result in the 418
recommendation for exchange, lease or sale of lands owned by 419
Ellisville State School must have the approval of the State Board 420
of Mental Health. The State Board of Mental Health may and has 421
the final authority as to whether or not these negotiations result 422
in the exchange, lease or sale of the properties it currently 423
holds in trust for persons with an intellectual disability served 424
at Ellisville State School. 425
If the State Board of Mental Health authorizes the sale of 426
lands owned by Ellisville State School, as provided for under this 427
paragraph (ff), the monies derived from the sale shall be placed 428
into a special fund that is created in the State Treasury to be 429
known as the "Ellisville State School Client's Trust Fund." The 430
principal of the trust fund shall remain inviolate and shall never 431
be expended. Any interest earned on the principal may be expended 432
solely for the benefits of clients served at Ellisville State 433
School. The State Treasurer shall invest the monies of the trust 434
fund in any of the investments authorized for the Mississippi 435
Prepaid Affordable College Tuition Program under Section 37-155-9, 436
and those investments shall be subject to the limitations 437
prescribed by Section 37-155-9. Unexpended amounts remaining in 438
the trust fund at the end of a fiscal year shall not lapse into 439
the State General Fund, and any interest earned on amounts in the 440
trust fund shall be deposited to the credit of the trust fund. 441
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The administration of Ellisville State School may use any interest 442
earned on the principal of the trust fund, upon appropriation by 443
the Legislature, as needed for services or facilities by the 444
clients of Ellisville State School. Ellisville State School shall 445
make known to the Legislature, through the Legislative Budget 446
Committee and the respective Appropriations Committees of the 447
House and Senate, its proposed use of interest earned on the 448
principal of the trust fund for any fiscal year in which it 449
proposes to make expenditures thereof. The State Treasurer shall 450
provide Ellisville State School with an annual report on the 451
Ellisville State School Client's Trust Fund to indicate the total 452
monies in the trust fund, interest earned during the year, 453
expenses paid from the trust fund and such other related 454
information. 455
Nothing in this section shall be construed as applying to or 456
affecting mental health/intellectual disability services provided 457
by hospitals as defined in Section 41-9-3(a), and/or their 458
subsidiaries and divisions, which hospitals, subsidiaries and 459
divisions are licensed and regulated by the Mississippi State 460
Department of Health unless such hospitals, subsidiaries or 461
divisions voluntarily request certification by the Mississippi 462
State Department of Mental Health. 463
All new programs authorized under this section shall be 464
subject to the availability of funds appropriated therefor by the 465
Legislature; 466
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(gg) Working with the advice and consent of the 467
administration of Boswell Regional Center, to enter into 468
negotiations with the Economic Development Authority of Simpson 469
County for the purpose of negotiating the possible exchange, lease 470
or sale of lands owned by Boswell Regional Center to the Economic 471
Development Authority of Simpson County. It is the intent of the 472
Mississippi Legislature that such negotiations shall ensure that 473
the financial interest of the persons with an intellectual 474
disability served by Boswell Regional Center will be held 475
paramount in the course of these negotiations. The Legislature 476
also recognizes the importance of economic development to the 477
citizens of the State of Mississippi and Simpson County, and 478
encourages fairness to the Economic Development Authority of 479
Simpson County. Any negotiations proposed which would result in 480
the recommendation for exchange, lease or sale of lands owned by 481
Boswell Regional Center must have the approval of the State Board 482
of Mental Health. The State Board of Mental Health may and has 483
the final authority as to whether or not these negotiations result 484
in the exchange, lease or sale of the properties it currently 485
holds in trust for persons with an intellectual disability served 486
at Boswell Regional Center. In any such exchange, lease or sale 487
of such lands owned by Boswell Regional Center, title to all 488
minerals, oil and gas on such lands shall be reserved, together 489
with the right of ingress and egress to remove same, whether such 490
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provisions be included in the terms of any such exchange, lease or 491
sale or not. 492
If the State Board of Mental Health authorizes the sale of 493
lands owned by Boswell Regional Center, as provided for under this 494
paragraph (gg), the monies derived from the sale shall be placed 495
into a special fund that is created in the State Treasury to be 496
known as the "Boswell Regional Center Client's Trust Fund." The 497
principal of the trust fund shall remain inviolate and shall never 498
be expended. Any earnings on the principal may be expended solely 499
for the benefits of clients served at Boswell Regional Center. 500
The State Treasurer shall invest the monies of the trust fund in 501
any of the investments authorized for the Mississippi Prepaid 502
Affordable College Tuition Program under Section 37-155-9, and 503
those investments shall be subject to the limitations prescribed 504
by Section 37-155-9. Unexpended amounts remaining in the trust 505
fund at the end of a fiscal year shall not lapse into the State 506
General Fund, and any earnings on amounts in the trust fund shall 507
be deposited to the credit of the trust fund. The administration 508
of Boswell Regional Center may use any earnings on the principal 509
of the trust fund, upon appropriation by the Legislature, as 510
needed for services or facilities by the clients of Boswell 511
Regional Center. Boswell Regional Center shall make known to the 512
Legislature, through the Legislative Budget Committee and the 513
respective Appropriations Committees of the House and Senate, its 514
proposed use of the earnings on the principal of the trust fund 515
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for any fiscal year in which it proposes to make expenditures 516
thereof. The State Treasurer shall provide Boswell Regional 517
Center with an annual report on the Boswell Regional Center 518
Client's Trust Fund to indicate the total monies in the trust 519
fund, interest and other income earned during the year, expenses 520
paid from the trust fund and such other related information. 521
Nothing in this section shall be construed as applying to or 522
affecting mental health/intellectual disability services provided 523
by hospitals as defined in Section 41-9-3(a), and/or their 524
subsidiaries and divisions, which hospitals, subsidiaries and 525
divisions are licensed and regulated by the Mississippi State 526
Department of Health unless such hospitals, subsidiaries or 527
divisions voluntarily request certification by the Mississippi 528
State Department of Mental Health. 529
All new programs authorized under this section shall be 530
subject to the availability of funds appropriated therefor by the 531
Legislature; 532
(hh) Notwithstanding any other section of the code, the 533
Board of Mental Health shall be authorized to fingerprint and 534
perform a criminal history record check on every employee or 535
volunteer. Every employee and volunteer shall provide a valid 536
current social security number and/or driver's license number 537
which shall be furnished to conduct the criminal history record 538
check. If no disqualifying record is identified at the state 539
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level, fingerprints shall be forwarded to the Federal Bureau of 540
Investigation for a national criminal history record check; 541
(ii) The Department of Mental Health shall have the 542
authority for the development of a consumer friendly single point 543
of intake and referral system within its service areas for persons 544
with mental illness, an intellectual disability, developmental 545
disabilities or alcohol or substance abuse who need assistance 546
identifying or accessing appropriate services. The department 547
will develop and implement a comprehensive evaluation procedure 548
ensuring that, where appropriate, the affected person or their 549
parent or legal guardian will be involved in the assessment and 550
planning process. The department, as the point of intake and as 551
service provider, shall have the authority to determine the 552
appropriate institutional, hospital or community care setting for 553
persons who have been diagnosed with mental illness, an 554
intellectual disability, developmental disabilities and/or alcohol 555
or substance abuse, and may provide for the least restrictive 556
placement if the treating professional believes such a setting is 557
appropriate, if the person affected or their parent or legal 558
guardian wants such services, and if the department can do so with 559
a reasonable modification of the program without creating a 560
fundamental alteration of the program. The least restrictive 561
setting could be an institution, hospital or community setting, 562
based upon the needs of the affected person or their parent or 563
legal guardian; 564
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(jj) To have the sole power and discretion to enter 565
into, sign, execute and deliver long-term or multiyear leases of 566
real and personal property owned by the Department of Mental 567
Health to and from other state and federal agencies and private 568
entities deemed to be in the public's best interest. Any monies 569
derived from such leases shall be deposited into the funds of the 570
Department of Mental Health for its exclusive use. Leases to 571
private entities shall be approved by the Department of Finance 572
and Administration and all leases shall be filed with the 573
Secretary of State; 574
(kk) To certify and establish minimum standards and 575
minimum required services for county facilities used for housing, 576
feeding and providing medical treatment for any person who has 577
been involuntarily ordered admitted to a treatment center by a 578
court of competent jurisdiction. The minimum standard for the 579
initial assessment of those persons being housed in county 580
facilities is for the assessment to be performed by a physician, 581
preferably a psychiatrist, or by a nurse practitioner, preferably 582
a psychiatric nurse practitioner. If the department finds 583
deficiencies in any such county facility or its provider based on 584
the minimum standards and minimum required services established 585
for certification, the department shall give the county or its 586
provider a six-month probationary period to bring its standards 587
and services up to the established minimum standards and minimum 588
required services. After the six-month probationary period, if 589
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the department determines that the county or its provider still 590
does not meet the minimum standards and minimum required services, 591
the department may remove the certification of the county or 592
provider and require the county to contract with another county 593
having a certified facility to hold those persons for that period 594
of time pending transportation and admission to a state treatment 595
facility. Any cost incurred by a county receiving an 596
involuntarily committed person from a county with a decertified 597
holding facility shall be reimbursed by the home county to the 598
receiving county; and 599
(ll) To provide orientation training to all new 600
commissioners of regional commissions and annual training for all 601
commissioners with continuing education regarding the Mississippi 602
mental health system and services as developed by the State 603
Department of Mental Health. Training shall be provided at the 604
expense of the department except for travel expenses which shall 605
be paid by the regional commission. 606
SECTION 6. Section 41-4-8, Mississippi Code of 1972, is 607
brought forward as follows: 608
41-4-8. (1) A person shall not make, present or cause to be 609
made or presented a material falsification of diagnosis of a 610
Medicaid-eligible client for a claim for Medicaid mental health 611
services benefits, knowing the diagnosis and claim to be false, 612
fictitious or fraudulent. 613
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(2) A person who violates this section shall be guilty of a 614
felony and, upon conviction thereof, shall be punished by 615
imprisonment for not more than five (5) years, or by a fine of not 616
more than One Hundred Thousand Dollars ($100,000.00), or both. 617
(3) For purposes of subsection (1), if a regional mental 618
health/intellectual disability center submits claims for Medicaid 619
reimbursement or other funds from the Department of Mental Health, 620
the lack of a certified physician or psychologist evaluation of 621
the client for such claim as required under Section 41-4-7(c) 622
shall be deemed a material falsification of diagnosis by the 623
person responsible for making or presenting such claim. 624
SECTION 7. Section 41-4-9, Mississippi Code of 1972, is 625
brought forward as follows: 626
41-4-9. The State Board of Mental Health is hereby 627
authorized and directed to create advisory councils to assist the 628
board and department in the performance and discharge of their 629
duties. 630
SECTION 8. Section 41-4-11, Mississippi Code of 1972, is 631
brought forward as follows: 632
41-4-11. (1) On July 1, 1974, the Board of Trustees of 633
Mental Institutions of the State of Mississippi and the 634
Mississippi Interagency Commission on Mental Illness and Mental 635
Retardation shall be abolished. The authority now vested in the 636
State Board of Health relating to mental health, drug misuse and 637
alcoholism is rescinded as of July 1, 1974. 638
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(2) As of July 1, 1974, the Mississippi State Hospital at 639
Whitfield, the East Mississippi State Hospital at Meridian, the 640
Ellisville State School at Ellisville, the North Mississippi 641
Regional Center at Oxford, and any other mental or intellectual 642
disability facility that may be established, shall become subject 643
to the jurisdiction and control of the State Department of Mental 644
Health. 645
(3) All duties, responsibilities, authority, power, assets, 646
liabilities, contractual rights and obligations, and property 647
rights, whether accruing or vesting in the abolished agencies 648
before or after April 23, 1974, are vested in the State Board of 649
Mental Health. 650
(4) The board upon recommendation of the executive director 651
shall select the heads of divisions and institutions necessary to 652
carry out the provisions of this chapter who shall have 653
qualifications appropriate to the duties they must discharge. 654
(5) Employees of the abolished agencies or divisions of 655
agencies holding positions on June 30, 1974, shall be employees of 656
the State Department of Mental Health on July 1, 1974. The board 657
may combine or abolish positions as necessary to carry out the 658
provisions of this chapter. 659
(6) Subject to the provisions and limitations of this 660
chapter as expressly set forth in Section 41-4-13, all offices, 661
services, programs and other activities of the abolished agencies 662
or divisions of agencies are made offices, services, programs or 663
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other activities of the State Department of Mental Health, and the 664
board is authorized to reorganize such offices, services, programs 665
or other activities so as to achieve economy and efficiency; and 666
the board may establish bureaus, divisions, hospitals, clinics, 667
mental health centers, homes for persons with an intellectual 668
disability, or other facilities for providing mental health 669
services if it finds such action to be in the public interest. 670
SECTION 9. Section 41-4-13, Mississippi Code of 1972, is 671
brought forward as follows: 672
41-4-13. All commodities, equipment and furniture purchased 673
and supply contracts entered into by the board shall be in accord 674
with the provisions of Title 31, Chapter 7, Mississippi Code of 675
1972. No purchases shall be made from, nor shall any sales be made 676
to, any member of the board. 677
SECTION 10. Section 41-4-17, Mississippi Code of 1972, is 678
brought forward as follows: 679
41-4-17. Nothing herein contained shall operate to vest the 680
State Board of Mental Health with any authority or jurisdiction 681
over the Mississippi Children's Rehabilitation Center. 682
SECTION 11. Section 41-4-18, Mississippi Code of 1972, is 683
brought forward as follows: 684
41-4-18. (1) Notwithstanding Section 41-7-191(11) and 685
Section 41-7-171 et seq. or any other section of law, the 686
Department of Mental Health shall have the authority to contract 687
with private and/or public entities to transfer beds within 688
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intermediate care facilities for individuals with intellectual 689
disabilities owned and operated by the Department of Mental Health 690
to locations owned and operated by private and/or public entities 691
for the purpose of serving individuals with intellectual 692
disabilities in the settings most appropriate to meet their needs. 693
(2) Any license granted to the Department of Mental Health 694
by the Department of Health for the operation of transferred 695
intermediate care facility for individuals with intellectual 696
disabilities beds shall remain in the name of the Department of 697
Mental Health and shall not be transferred into the name of the 698
contractor unless the contractor has received the appropriate 699
certificates of need. 700
SECTION 12. Section 41-4-19, Mississippi Code of 1972, is 701
brought forward as follows: 702
41-4-19. The board, may with the approval of the commission 703
of budget and accounting, require the transfer of funds 704
appropriated for the use of agencies consolidated under the 705
provisions of this chapter. Said funds shall be transferred by the 706
state auditor of public accounts to a separate account in the 707
state treasury. The auditor shall issue his warrants upon 708
requisitions signed by the proper person, officer or officers 709
designated by the board. 710
SECTION 13. Section 41-4-21, Mississippi Code of 1972, is 711
brought forward as follows: 712
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41-4-21. For the operations of all facilities placed under 713
the control of the department and for all of its operations, the 714
board shall adopt a uniform system of reporting and accounting 715
approved by the State Department of Audit, and shall prepare an 716
annual report to the Legislature setting forth the disbursements 717
of all moneys appropriated and specifying the facilities and 718
activities upon which funds were expended. It shall prepare 719
annually, or cause to be prepared, a budget for its total 720
operation for the ensuing fiscal period in the manner and form as 721
required by the Legislative Budget Office. 722
SECTION 14. Section 41-4-23, Mississippi Code of 1972, is 723
brought forward as follows: 724
41-4-23. (a) It will be the duty of the director of any 725
mental health or intellectual disability facility under the 726
direction or control of the State Department of Mental Health to 727
designate certain employees as security guards and campus police. 728
The names, qualifications, and training of such campus police will 729
be reported to the Executive Director of the State Department of 730
Mental Health and spread upon the official minutes of the State 731
Board of Mental Health. 732
All campus police, subsequent to employment but prior to 733
performing duties as campus police, will attend and satisfactorily 734
complete the training course required for law enforcement officers 735
at the Law Enforcement Officer's Training Academy or an equivalent 736
facility. Campus police training may be at the expense of the 737
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Department of Mental Health and conditioned upon work repayment by 738
the employee in accordance with educational leave regulations 739
promulgated by the State Board of Mental Health. Failure to meet 740
repayment obligations may result in revocation of law enforcement 741
certification in the same manner provided in Section 37-101-291. 742
A complete record of all law enforcement training of each employee 743
will be maintained in each employee's record of employment. A 744
master file of all such employees' training will be kept in the 745
central office of the State Department of Mental Health. 746
(b) All campus police will be duly constituted peace 747
officers with powers and duties of a constable but such authority 748
may be exercised only on the premises of institutions under the 749
control of the State Department of Mental Health and public 750
property immediately adjacent to such premises. Each person 751
designated as a security guard or campus police will enter into 752
bond in the penalty amount of not less than Ten Thousand Dollars 753
($10,000.00), the premium for which shall be paid by the facility 754
employing such security guard or campus police. 755
(c) All security guards and campus police will exercise 756
their authority while in performance of their duty on any of the 757
facilities under the direction or control of the State Department 758
of Mental Health and public property immediately adjacent to such 759
facilities; will be required to dress in uniforms prescribed by 760
the State Board of Mental Health; and will be authorized to carry 761
weapons. Employees designated as campus police shall be duly 762
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sworn and vested with authority to bear arms and make arrests, and 763
shall exercise primarily the responsibilities of the prevention 764
and detection of crime, the apprehension of criminals, and the 765
enforcement of the ordinances and policies of the Department of 766
Mental Health, a political subdivision of the State of 767
Mississippi. Employees designated as campus police shall be 768
considered law enforcement officers within the meaning of Section 769
45-6-3. 770
SECTION 15. Section 41-4-25, Mississippi Code of 1972, is 771
brought forward as follows: 772
41-4-25. Notwithstanding any other provision of law, the 773
director of a Department of Mental Health facility has the 774
authority to transfer any patient/resident to another Department 775
of Mental Health facility as necessary for the welfare of that or 776
any other patients/residents. 777
SECTION 16. Section 41-4-27, Mississippi Code of 1972, is 778
brought forward as follows: 779
41-4-27. The mental health crisis center located in 780
Brookhaven, Mississippi, shall be named in honor of the late 781
Senator Billy V. Harvey. The Department of Mental Health shall 782
place a distinctive plaque in a prominent place within the crisis 783
center, which states the background, accomplishments and service 784
of the late Senator Billy V. Harvey to the State of Mississippi. 785
SECTION 17. Section 41-4-29, Mississippi Code of 1972, is 786
brought forward as follows: 787
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41-4-29. (1) As used in this section, the following terms 788
shall be defined as provided in this subsection: 789
(a) "Autism spectrum disorder" or "ASD" shall be 790
defined by the current version of the Diagnostic and Statistical 791
Manual of Mental Disorders published by the American Psychiatric 792
Association. 793
(b) "Autism services" means services designed to meet 794
the needs of individuals with ASD across their lifespan, including 795
services selected in collaboration with the parents or guardians 796
of children with ASD or adults with ASD and services delivered in 797
inclusive environments, to the extent practical, and services that 798
are part of a coordinated system of care. 799
(c) "Coordinated system of care" means the total 800
statewide effort, inclusive of case management, that is directed 801
at meeting the needs of individuals with ASD and their families. 802
(2) There is an urgent and substantial need to develop and 803
implement a statewide comprehensive, coordinated, 804
multidisciplinary, interagency system of care for individuals with 805
autism spectrum disorder (ASD) and their families. To help 806
address that need, there is established the Division of Autism 807
Services within the Bureau of Intellectual and Developmental 808
Disabilities of the State Department of Mental Health to develop 809
and coordinate autism services for individuals with ASD and their 810
families. 811
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(3) The Division of Autism Services, under the supervision 812
of the Director of the Bureau of Intellectual and Developmental 813
Disabilities, shall provide leadership in program development for 814
children and adults with ASD, including establishment of program 815
standards and coordination of program capacity. The Division of 816
Autism Services shall have the following powers and duties: 817
(a) To define the roles and responsibilities of the 818
division; 819
(b) To develop a long-term plan, reviewed annually, for 820
a comprehensive statewide coordinated system of care for 821
individuals with ASD, which, to the extent practicable, is derived 822
from scientific-based research and nationally recognized best 823
practices; and 824
(c) To ensure interagency collaboration, public 825
participation, and mutual sharing of information to facilitate 826
policy decisions and the implementation of a plan for a 827
comprehensive statewide system of care to individuals with ASD. 828
SECTION 18. Section 41-19-33, Mississippi Code of 1972, is 829
brought forward as follows: 830
41-19-33. (1) Each region so designated or established 831
under Section 41-19-31 shall establish a regional commission to be 832
composed of members appointed by the boards of supervisors of the 833
various counties in the region. Each regional commission shall 834
employ or contract with an accountant for the purpose of managing 835
the finances of the commission. The accountant shall provide an 836
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annual audit to the commission in addition to his or her other 837
duties. It shall be the duty of such regional commission to 838
administer mental health/intellectual disability programs 839
certified and required by the State Board of Mental Health and as 840
specified in Section 41-4-1(2). In addition, once designated and 841
established as provided hereinabove, a regional commission shall 842
have the following authority and shall pursue and promote the 843
following general purposes: 844
(a) To establish, own, lease, acquire, construct, 845
build, operate and maintain mental illness, mental health, 846
intellectual disability, alcoholism and general rehabilitative 847
facilities and services designed to serve the needs of the people 848
of the region so designated, provided that the services supplied 849
by the regional commissions shall include those services 850
determined by the Department of Mental Health to be necessary and 851
may include, in addition to the above, services for persons with 852
developmental and learning disabilities; for persons suffering 853
from narcotic addiction and problems of drug abuse and drug 854
dependence; and for the aging as designated and certified by the 855
Department of Mental Health. Such regional mental health and 856
intellectual disability commissions and other community service 857
providers shall, on or before July 1 of each year, submit an 858
annual operational plan to the Department of Mental Health for 859
approval or disapproval based on the minimum standards and minimum 860
required services established by the department for certification 861
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and itemize the services as specified in Section 41-4-1(2), 862
including financial statements. As part of the annual operation 863
plan required by Section 41-4-7(h) submitted by any regional 864
community mental health center or by any other reasonable 865
certification deemed acceptable by the department, the community 866
mental health center shall state those services specified in 867
Section 41-4-1(2) that it will provide and also those services 868
that it will not provide. If the department finds deficiencies in 869
the plan of any regional commission or community service provider 870
based on the minimum standards and minimum required services 871
established for certification, the department shall give the 872
regional commission or community service provider a six-month 873
probationary period to bring its standards and services up to the 874
established minimum standards and minimum required services. The 875
regional commission or community service provider shall develop a 876
sustainability business plan within thirty (30) days of being 877
placed on probation, which shall be signed by all commissioners 878
and shall include policies to address one or more of the 879
following: the deficiencies in programmatic services, clinical 880
service staff expectations, timely and appropriate billing, 881
processes to obtain credentialing for staff, monthly reporting 882
processes, third-party financial reporting and any other required 883
documentation as determined by the department. After the 884
six-month probationary period, if the department determines that 885
the regional commission or community service provider still does 886
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not meet the minimum standards and minimum required services 887
established for certification, the department may remove the 888
certification of the commission or provider, and from and after 889
July 1, 2011, the commission or provider shall be ineligible for 890
state funds from Medicaid reimbursement or other funding sources 891
for those services. After the six-month probationary period, the 892
Department of Mental Health may identify an appropriate community 893
service provider to provide any core services in that county that 894
are not provided by a community mental health center. However, 895
the department shall not offer reimbursement or other 896
accommodations to a community service provider of core services 897
that were not offered to the decertified community mental health 898
center for the same or similar services. 899
(b) To provide facilities and services for the 900
prevention of mental illness, mental disorders, developmental and 901
learning disabilities, alcoholism, narcotic addiction, drug abuse, 902
drug dependence and other related handicaps or problems (including 903
the problems of the aging) among the people of the region so 904
designated, and for the rehabilitation of persons suffering from 905
such illnesses, disorders, handicaps or problems as designated and 906
certified by the Department of Mental Health. 907
(c) To promote increased understanding of the problems 908
of mental illness, intellectual disabilities, alcoholism, 909
developmental and learning disabilities, narcotic addiction, drug 910
abuse and drug dependence and other related problems (including 911
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the problems of the aging) by the people of the region, and also 912
to promote increased understanding of the purposes and methods of 913
the rehabilitation of persons suffering from such illnesses, 914
disorders, handicaps or problems as designated and certified by 915
the Department of Mental Health. 916
(d) To enter into contracts and to make such other 917
arrangements as may be necessary, from time to time, with the 918
United States government, the government of the State of 919
Mississippi and such other agencies or governmental bodies as may 920
be approved by and acceptable to the regional commission for the 921
purpose of establishing, funding, constructing, operating and 922
maintaining facilities and services for the care, treatment and 923
rehabilitation of persons suffering from mental illness, an 924
intellectual disability, alcoholism, developmental and learning 925
disabilities, narcotic addiction, drug abuse, drug dependence and 926
other illnesses, disorders, handicaps and problems (including the 927
problems of the aging) as designated and certified by the 928
Department of Mental Health. 929
(e) To enter into contracts and make such other 930
arrangements as may be necessary with any and all private 931
businesses, corporations, partnerships, proprietorships or other 932
private agencies, whether organized for profit or otherwise, as 933
may be approved by and acceptable to the regional commission for 934
the purpose of establishing, funding, constructing, operating and 935
maintaining facilities and services for the care, treatment and 936
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rehabilitation of persons suffering from mental illness, an 937
intellectual disability, alcoholism, developmental and learning 938
disabilities, narcotic addiction, drug abuse, drug dependence and 939
other illnesses, disorders, handicaps and problems (including the 940
problems of the aging) relating to minimum services established by 941
the Department of Mental Health. 942
(f) To promote the general mental health of the people 943
of the region. 944
(g) To pay the administrative costs of the operation of 945
the regional commissions, including per diem for the members of 946
the commission and its employees, attorney's fees, if and when 947
such are required in the opinion of the commission, and such other 948
expenses of the commission as may be necessary. The Department of 949
Mental Health standards and audit rules shall determine what 950
administrative cost figures shall consist of for the purposes of 951
this paragraph. Each regional commission shall submit a cost 952
report annually to the Department of Mental Health in accordance 953
with guidelines promulgated by the department. 954
(h) To employ and compensate any personnel that may be 955
necessary to effectively carry out the programs and services 956
established under the provisions of the aforesaid act, provided 957
such person meets the standards established by the Department of 958
Mental Health. 959
(i) To acquire whatever hazard, casualty or workers' 960
compensation insurance that may be necessary for any property, 961
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real or personal, owned, leased or rented by the commissions, or 962
any employees or personnel hired by the commissions. 963
(j) To acquire professional liability insurance on all 964
employees as may be deemed necessary and proper by the commission, 965
and to pay, out of the funds of the commission, all premiums due 966
and payable on account thereof. 967
(k) To provide and finance within their own facilities, 968
or through agreements or contracts with other local, state or 969
federal agencies or institutions, nonprofit corporations, or 970
political subdivisions or representatives thereof, programs and 971
services for persons with mental illness, including treatment for 972
alcoholics, and promulgating and administering of programs to 973
combat drug abuse and programs for services for persons with an 974
intellectual disability. 975
(l) To borrow money from private lending institutions 976
in order to promote any of the foregoing purposes. A commission 977
may pledge collateral, including real estate, to secure the 978
repayment of money borrowed under the authority of this paragraph. 979
Any such borrowing undertaken by a commission shall be on terms 980
and conditions that are prudent in the sound judgment of the 981
members of the commission, and the interest on any such loan shall 982
not exceed the amount specified in Section 75-17-105. Any money 983
borrowed, debts incurred or other obligations undertaken by a 984
commission, regardless of whether borrowed, incurred or undertaken 985
before or after March 15, 1995, shall be valid, binding and 986
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enforceable if it or they are borrowed, incurred or undertaken for 987
any purpose specified in this section and otherwise conform to the 988
requirements of this paragraph. 989
(m) To acquire, own and dispose of real and personal 990
property. Any real and personal property paid for with state 991
and/or county appropriated funds must have the written approval of 992
the Department of Mental Health and/or the county board of 993
supervisors, depending on the original source of funding, before 994
being disposed of under this paragraph. 995
(n) To enter into managed care contracts and make such 996
other arrangements as may be deemed necessary or appropriate by 997
the regional commission in order to participate in any managed 998
care program. Any such contract or arrangement affecting more 999
than one (1) region must have prior written approval of the 1000
Department of Mental Health before being initiated and annually 1001
thereafter. 1002
(o) To provide facilities and services on a discounted 1003
or capitated basis. Any such action when affecting more than one 1004
(1) region must have prior written approval of the Department of 1005
Mental Health before being initiated and annually thereafter. 1006
(p) To enter into contracts, agreements or other 1007
arrangements with any person, payor, provider or other entity, 1008
under which the regional commission assumes financial risk for the 1009
provision or delivery of any services, when deemed to be necessary 1010
or appropriate by the regional commission. Any action under this 1011
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paragraph affecting more than one (1) region must have prior 1012
written approval of the Department of Mental Health before being 1013
initiated and annually thereafter. 1014
(q) To provide direct or indirect funding, grants, 1015
financial support and assistance for any health maintenance 1016
organization, preferred provider organization or other managed 1017
care entity or contractor, where such organization, entity or 1018
contractor is operated on a nonprofit basis. Any action under 1019
this paragraph affecting more than one (1) region must have prior 1020
written approval of the Department of Mental Health before being 1021
initiated and annually thereafter. 1022
(r) To form, establish, operate, and/or be a member of 1023
or participant in, either individually or with one or more other 1024
regional commissions, any managed care entity as defined in 1025
Section 83-41-403(c). Any action under this paragraph affecting 1026
more than one (1) region must have prior written approval of the 1027
Department of Mental Health before being initiated and annually 1028
thereafter. 1029
(s) To meet at least annually with the board of 1030
supervisors of each county in its region for the purpose of 1031
presenting its total annual budget and total mental 1032
health/intellectual disability services system. The commission 1033
shall submit an annual report on the adult mental health services, 1034
children mental health services and intellectual disability 1035
services required by the State Board of Mental Health. 1036
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(t) To provide alternative living arrangements for 1037
persons with serious mental illness, including, but not limited 1038
to, group homes for persons with chronic mental illness. 1039
(u) To make purchases and enter into contracts for 1040
purchasing in compliance with the public purchasing law, Sections 1041
31-7-12 and 31-7-13, with compliance with the public purchasing 1042
law subject to audit by the State Department of Audit. 1043
(v) To ensure that all available funds are used for the 1044
benefit of persons with mental illness, persons with an 1045
intellectual disability, substance abusers and persons with 1046
developmental disabilities with maximum efficiency and minimum 1047
administrative cost. At any time a regional commission, and/or 1048
other related organization whatever it may be, accumulates surplus 1049
funds in excess of one-half (1/2) of its annual operating budget, 1050
the entity must submit a plan to the Department of Mental Health 1051
stating the capital improvements or other projects that require 1052
such surplus accumulation. If the required plan is not submitted 1053
within forty-five (45) days of the end of the applicable fiscal 1054
year, the Department of Mental Health shall withhold all state 1055
appropriated funds from such regional commission until such time 1056
as the capital improvement plan is submitted. If the submitted 1057
capital improvement plan is not accepted by the department, the 1058
surplus funds shall be expended by the regional commission in the 1059
local mental health region on group homes for persons with mental 1060
illness, persons with an intellectual disability, substance 1061
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abusers, children or other mental health/intellectual disability 1062
services approved by the Department of Mental Health. 1063
(w) Notwithstanding any other provision of law, to 1064
fingerprint and perform a criminal history record check on every 1065
employee or volunteer. Every employee or volunteer shall provide 1066
a valid current social security number and/or driver's license 1067
number that will be furnished to conduct the criminal history 1068
record check. If no disqualifying record is identified at the 1069
state level, fingerprints shall be forwarded to the Federal Bureau 1070
of Investigation for a national criminal history record check. 1071
(x) Notwithstanding any other provisions of law, each 1072
regional commission shall have the authority to create and operate 1073
a primary care health clinic to treat (i) its patients; and (ii) 1074
its patients' family members related within the third degree; and 1075
(iii) its patients' household members or caregivers, subject to 1076
the following requirements: 1077
(i) The regional commission may employ and 1078
compensate any personnel necessary and must satisfy applicable 1079
state and federal laws and regulations regarding the 1080
administration and operation of a primary care health clinic. 1081
(ii) A Mississippi licensed physician must be 1082
employed or under agreement with the regional commission to 1083
provide medical direction and/or to carry out the physician 1084
responsibilities as described under applicable state and/or 1085
federal law and regulations. 1086
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(iii) The physician providing medical direction 1087
for the primary care clinic shall not be certified solely in 1088
psychiatry. 1089
(iv) A sliding fee scale may be used by the 1090
regional commission when no other payer source is identified. 1091
(v) The regional commission must ensure services 1092
will be available and accessible promptly and in a manner that 1093
preserves human dignity and assures continuity of care. 1094
(vi) The regional commission must provide a 1095
semiannual report to the Chairmen of the Public Health Committees 1096
in both the House of Representatives and Senate. At a minimum, 1097
for each reporting period, these reports shall describe the number 1098
of patients provided primary care services, the types of services 1099
provided, and the payer source for the patients. Except for 1100
patient information and any other information that may be exempt 1101
from disclosure under the Health Information Portability and 1102
Accountability Act (HIPAA) and the Mississippi Public Records Act, 1103
the reports shall be considered public records. 1104
(vii) The regional commission must employ or 1105
contract with a core clinical staff that is multidisciplinary and 1106
culturally and linguistically competent. 1107
(viii) The regional commission must ensure that 1108
its physician as described in subparagraph (ii) of this paragraph 1109
(x) has admitting privileges at one or more local hospitals or has 1110
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an agreement with a physician who has admitting privileges at one 1111
or more local hospitals to ensure continuity of care. 1112
(ix) The regional commission must provide an 1113
independent financial audit report to the State Department of 1114
Mental Health and, except for patient information and any other 1115
information that may be exempt from disclosure under HIPAA and the 1116
Mississippi Public Records Act, the audit report shall be 1117
considered a public record. 1118
For the purposes of this paragraph (x), the term "caregiver" 1119
means an individual who has the principal and primary 1120
responsibility for caring for a child or dependent adult, 1121
especially in the home setting. 1122
(y) In general to take any action which will promote, 1123
either directly or indirectly, any and all of the foregoing 1124
purposes. 1125
(z) All regional commissioners shall receive new 1126
orientation training and annual training with continuing education 1127
regarding the Mississippi mental health system and services as 1128
developed by the State Department of Mental Health. Training 1129
shall be provided at the expense of the department except for 1130
travel expenses which shall be paid by the regional commission. 1131
(aa) To establish a community mental health center to 1132
provide mental health services in its region. 1133
(2) The types of services established by the State 1134
Department of Mental Health that must be provided by the regional 1135
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mental health/intellectual disability centers for certification by 1136
the department, and the minimum levels and standards for those 1137
services established by the department, shall be provided by the 1138
regional mental health/intellectual disability centers to children 1139
when such services are appropriate for children, in the 1140
determination of the department. 1141
(3) Each regional commission shall compile quarterly 1142
financial statements and status reports from each individual 1143
community health center. The compiled reports shall be submitted 1144
to the coordinator quarterly. The reports shall contain a: 1145
(a) Balance sheet; 1146
(b) Statement of operations; 1147
(c) Statement of cash flows; and 1148
(d) Description of the status of individual community 1149
health center's actions taken to increase access to and 1150
availability of community mental health services. 1151
(4) (a) The community mental health center shall submit a 1152
written quarterly report to the board of supervisors of each 1153
county in its region. The report shall be prepared on a standard 1154
form developed and provided to the community mental health centers 1155
by the State Department of Mental Health. The report shall 1156
include the following information for the prior quarter: 1157
(i) The number of occupancy percentages reported 1158
by the crisis stabilization unit in the region; 1159
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(ii) The number of individuals held in jail after 1160
the commitment process has been initiated and the number of 1161
individuals the community mental health center provided treatment 1162
to while they were in jail, as required by Section 41-21-67; 1163
(iii) The number of pre-affidavit screenings 1164
conducted; 1165
(iv) The number of individuals diverted to a 1166
lesser restrictive alternative from commitment; 1167
(v) The number of crisis stabilization unit 1168
denials and the reason for denial; 1169
(vi) Summary report of Medicaid claims, including 1170
denials; and 1171
(vii) Cash balance as of the date of the end of 1172
the quarter. 1173
(b) The community mental health center shall provide 1174
the Department of Mental Health, local sheriffs and chancery court 1175
judges with a copy of the community mental health center's report 1176
each quarter. 1177
(5) (a) In order to improve quality, access, and innovation 1178
in the provision of mental health and substance use services to 1179
individuals treated at Community Mental Health Centers, regional 1180
commissions, as established in Section 41-19-33, are authorized to 1181
provide services through enhanced certification as a Certified 1182
Community Behavioral Health Clinic (CCBHC). CCBHCs shall provide 1183
comprehensive, holistic services, respond to local needs, 1184
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incorporate evidence-based practices, and establish care 1185
coordination as a center for service delivery, including effective 1186
community partnerships with law enforcement, schools, hospitals, 1187
primary care providers, veterans' groups and other organizations 1188
to improve care, reduce recidivism, and address health 1189
disparities. 1190
(b) The Department of Mental Health and the Division of 1191
Medicaid are authorized and directed to submit an application to 1192
the federal Substance Abuse and Mental Health Services 1193
Administration (SAMHSA) to join the Certified Community Behavioral 1194
Health Clinic (CCBHC) Demonstration Grant at the next available 1195
application period. 1196
(c) The CCBHC system shall be consistent with the 1197
demonstration program established by Section 223 of the Protecting 1198
Access to Medicare Act (PAMA) of 2014 and other applicable federal 1199
laws governing the CCBHC model. The Department of Mental Health 1200
shall be the entity charged with certifying and monitoring 1201
compliance of CCBHC clinics, and the Division of Medicaid shall be 1202
responsible for establishing a prospective payment system (PPS) to 1203
fund the CCBHC program. 1204
SECTION 19. Section 41-19-43, Mississippi Code of 1972, is 1205
brought forward as follows: 1206
41-19-43. Whenever it is necessary to commit and transport 1207
any eligible patient to a regional mental health or intellectual 1208
disability facility for treatment or care, the chancery clerk and 1209
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sheriff shall be entitled to expenses as provided for by the laws 1210
of Mississippi for commitment and transportation to state mental 1211
institutions and transportation in the county or outside of the 1212
county to a community mental health center or other appropriate 1213
facility. 1214
SECTION 20. Section 41-19-45, Mississippi Code of 1972, is 1215
brought forward as follows: 1216
41-19-45. (1) After making expenditures of at least Two 1217
Million Five Hundred Thousand Dollars ($2,500,000.00) each year to 1218
provide funding for county and municipal law enforcement training 1219
and court liaisons as authorized by this section, the Department 1220
of Mental Health is authorized to expend any additional funds to 1221
provide grants to community mental health centers for the purpose 1222
of increasing housing for patients. A community mental health 1223
center may apply to the Department of Mental Health for a grant to 1224
pay for the cost of patient housing. A community mental health 1225
center desiring assistance under this section must submit an 1226
application to the Department of Mental Health. The application 1227
must include any information required by the Department. 1228
(2) The Department of Mental Health shall have all powers 1229
necessary to implement and administer the program established 1230
under this section, and the department shall promulgate rules and 1231
regulations, in accordance with the Mississippi Administrative 1232
Procedures Law, necessary for the implementation of this section. 1233
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SECTION 21. Section 41-21-63, Mississippi Code of 1972, is 1234
brought forward as follows: 1235
41-21-63. (1) No person, other than persons charged with 1236
crime, shall be committed to a public treatment facility except 1237
under the provisions of Sections 41-21-61 through 41-21-107 or 1238
43-21-611 or 43-21-315. However, nothing herein shall be 1239
construed to repeal, alter or otherwise affect the provisions of 1240
Section 35-5-31 or to affect or prevent the commitment of persons 1241
to the Veterans Administration or other agency of the United 1242
States under the provisions of and in the manner specified in 1243
those sections. 1244
(2) (a) The chancery court, or the chancellor in vacation, 1245
shall have jurisdiction under Sections 41-21-61 through 41-21-107 1246
except over persons with unresolved felony charges unless 1247
paragraph (b) of this subsection applies. 1248
(b) If a circuit court with jurisdiction over 1249
unresolved felony charges enters an order concluding that a person 1250
is incompetent to stand trial and is not restorable to competency 1251
in the foreseeable future, the circuit court shall retain 1252
jurisdiction and shall proceed with civil commitment procedures in 1253
the same manner as described in Sections 41-21-61 through 1254
41-21-107. The order of the circuit court finding that the person 1255
is incompetent to stand trial and is not restorable to competency 1256
in the foreseeable future shall be in lieu of the affidavit for 1257
commitment provided for in Section 41-21-65. Additionally, if the 1258
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finding of the circuit court is based on the report and/or 1259
testimony of a physician or psychologist that has examined the 1260
person, the provisions of Section 41-21-67 for psychiatric 1261
examinations shall not apply. 1262
(3) The circuit court shall also have jurisdiction under 1263
Sections 99-13-7, 99-13-9 and 99-13-11. 1264
(4) Before the release of a person referred for civil 1265
commitment under this section and committed under Sections 1266
41-21-61 through 41-21-107, the Department of Mental Health must 1267
notify the district attorney of the county where the offense was 1268
committed. The district attorney must notify the crime victim or 1269
a family member who has requested notification under Section 1270
99-43-35 and the sheriffs of both the county where the offense was 1271
committed and the county of the committed person's destination. 1272
SECTION 22. Section 41-21-65, Mississippi Code of 1972, is 1273
brought forward as follows: 1274
41-21-65. (1) It is the intention of the Legislature that 1275
the filing of an affidavit under this section be a simple, 1276
inexpensive, uniform, and streamlined process for the purpose of 1277
facilitating and expediting the care of individuals in need of 1278
treatment. 1279
(2) The Uniform Civil Commitment Affidavit developed by the 1280
Department of Mental Health under this section must be provided by 1281
the clerk of the chancery court to any party or affiant seeking a 1282
civil commitment under this section, and must be utilized in all 1283
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counties to commence civil commitment proceedings under this 1284
section. The affidavit must be made available to the public on 1285
the website of the Mississippi Department of Mental Health. 1286
(3) The Department of Mental Health, in consultation with 1287
the Mississippi Chancery Clerks Association, the Mississippi 1288
Conference of Chancery Court Judges and the Mississippi 1289
Association of Community Mental Health Centers, must develop a 1290
written guide setting out the steps in the commitment process no 1291
later than January 1, 2020. The guide shall be designated as the 1292
"Uniform Civil Commitment Guide" and must include, but not be 1293
limited to, the following: 1294
(a) Steps in the civil commitment process from 1295
affidavit to commitment, written in easily understandable layman's 1296
terms; 1297
(b) A schedule of fees and assessments that will be 1298
charged to commence a commitment proceeding under this section; 1299
(c) Eligibility requirements and instructions for 1300
filing a pauper's affidavit; and 1301
(d) A statement on the front cover of the guide 1302
advising that persons wishing to pursue a civil commitment under 1303
this section are not required to retain an attorney for any 1304
portion of the commitment process. 1305
(4) Immediately upon availability, but no later than January 1306
1, 2020, the Uniform Civil Commitment Guide must be provided by 1307
the clerk of the chancery court to any party or affiant seeking a 1308
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civil commitment under this section and also must be made 1309
available to the public on the website of the Mississippi 1310
Department of Mental Health. 1311
(5) If any person is alleged to be in need of treatment, any 1312
relative of the person, or any interested person, may make 1313
affidavit of that fact and shall file the Uniform Civil Commitment 1314
Affidavit with the clerk of the chancery court of the county in 1315
which the person alleged to be in need of treatment resides, but 1316
the chancellor or duly appointed special master may, in his or her 1317
discretion, hear the matter in the county in which the person may 1318
be found or the circuit judge may hear such matter as provided in 1319
Section 41-21-63. Prior to filing an affidavit for commitment of 1320
an individual, the relative or interested person shall be 1321
connected with the community mental health center for a 1322
pre-affidavit screening as set forth in Section 41-21-67. The 1323
pre-affidavit screening is mandatory and must be completed before 1324
any affidavit for commitment is filed, except as otherwise 1325
provided in Section 41-21-67(1) or (2). The affidavit shall set 1326
forth the name and address of the proposed patient's nearest 1327
relatives and whether the proposed patient resides or has 1328
visitation rights with any minor children, if known, and the 1329
reasons for the affidavit. The affidavit must contain factual 1330
descriptions of the proposed patient's recent behavior, including 1331
a description of the behavior, where it occurred, and over what 1332
period of time it occurred, if known. The affidavit shall state 1333
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specifically that a less restrictive alternative treatment was 1334
considered and specify why treatment less restrictive than 1335
involuntary commitment is not appropriate. Each factual 1336
allegation may be supported by observations of witnesses and the 1337
pre-affidavit screener named in the affidavit. The Department of 1338
Mental Health, in consultation with the Mississippi Chancery 1339
Clerks' Association, shall develop a simple, one-page affidavit 1340
form for the use of affiants as provided in this section. The 1341
affidavit also must state whether the affiant has received notice 1342
of the pre-affidavit screening from a community mental health 1343
center determining whether the alleged acts by the proposed 1344
respondent warrant civil commitment in lieu of other 1345
less-restrictive treatment options. No chancery clerk shall 1346
require an affiant to retain an attorney for the filing of an 1347
affidavit under this section. 1348
(6) The chancery clerk may charge a total filing fee for all 1349
services equal to the amount set out in Section 25-7-9(o), and the 1350
appropriate state and county assessments as required by law which 1351
include, but are not limited to, assessments for the Judicial 1352
Operation Fund (Section 25-7-9(3)(b)); the Electronic Court System 1353
Fund (Section 25-7-9(3)(a)); the Civil Legal Assistance Fund 1354
(Section 25-7-9(1)(k)); the Court Education and Training Fund 1355
(Section 37-26-3); State Court Constituent's Fund (Section 1356
37-26-9(4)); and reasonable court reporter's fee. Costs 1357
incidental to the court proceedings as set forth in Section 1358
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41-21-79 may not be included in the assessments permitted by this 1359
subsection. The total of the fees and assessments permitted by 1360
this subsection may not exceed One Hundred Fifty Dollars 1361
($150.00). 1362
(7) The prohibition against charging the affiant other fees, 1363
expenses, or costs shall not preclude the imposition of monetary 1364
criminal penalties under Section 41-21-107 or any other criminal 1365
statute, or the imposition by the chancellor of monetary penalties 1366
for contempt if the affiant is found to have filed an 1367
intentionally false affidavit or filed the affidavit in bad faith 1368
for a malicious purpose. 1369
(8) Nothing in this section shall be construed so as to 1370
conflict with Section 41-21-63. 1371
(9) The Department of Mental Health shall provide annual 1372
training to chancery and circuit court clerks to inform them about 1373
statutory procedures for civil commitments. 1374
SECTION 23. Section 41-21-67, Mississippi Code of 1972, is 1375
brought forward as follows: 1376
41-21-67. (1) (a) Prior to filing an affidavit for 1377
commitment of an individual, the relative or interested person 1378
shall be connected with the community mental health center in the 1379
county of financial responsibility or the county where the 1380
proposed patient is present for conduct of preliminary 1381
investigation to determine the need to file an affidavit for 1382
involuntary commitment. However, a pre-affidavit screening is not 1383
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required before the relative or interested person files the 1384
affidavit for commitment if the individual to be committed is 1385
being treated in a licensed hospital with licensed acute 1386
psychiatric beds and has already had two (2) qualified 1387
professional evaluations, provided that the licensed hospital 1388
notifies the community mental health center that the individual is 1389
in the hospital at least twenty-four (24) hours before filing the 1390
affidavit. If the community mental health center is unavailable, 1391
any reputable licensed physician, psychologist, nurse practitioner 1392
or physician assistant, as allowed in the discretion of the court, 1393
may conduct the pre-affidavit screening and examination as set 1394
forth in Section 41-21-69. The pre-affidavit screening shall be 1395
completed within twenty-four (24) hours of the community mental 1396
health center being notified. The community mental health center 1397
shall provide the pre-affidavit screening report to the chancery 1398
clerk for the county in which the petition is to be filed upon 1399
completion. The community mental health center shall appoint a 1400
screener to conduct an investigation. The prospective petitioner 1401
may not be the pre-affidavit screener. The investigation must 1402
include: 1403
(i) An interview with the proposed patient and 1404
other individuals who appear to have knowledge of the condition of 1405
the proposed patient, if practicable. In-person interviews with 1406
the proposed patient are preferred. If the proposed patient is 1407
not interviewed, specific reasons must be documented; 1408
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(ii) Identification and investigation of specific 1409
alleged conduct that is the basis for application; 1410
(iii) Identification, exploration, and listing of 1411
the specific reasons for rejecting or recommending alternatives to 1412
involuntary commitment; and 1413
(iv) In the case of a commitment based on mental 1414
illness, information relevant to treatment. 1415
(b) In conducting the investigation required by this 1416
subsection, the screener shall have access to all relevant medical 1417
records of proposed patients currently in treatment facilities, 1418
state-operated treatment programs, or community-based treatment 1419
programs. Data collected pursuant to this paragraph shall be 1420
considered private data on individuals. The pre-affidavit 1421
screening report is not admissible as evidence in court except by 1422
agreement of counsel or as permitted by the rules of court and is 1423
not admissible in any court proceedings unrelated to the 1424
commitment proceedings. 1425
(c) When the pre-affidavit screener recommends 1426
commitment, a written report shall be sent to the chancery clerk 1427
for the county in which the petition is to be filed. The 1428
statement of facts contained in the written report must meet the 1429
requirements of Section 41-21-65(5), specifically certifying that 1430
a less restrictive alternative treatment was considered and 1431
specifying why treatment less restrictive than involuntary 1432
commitment is not appropriate. 1433
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(d) The pre-affidavit screener shall refuse to support 1434
the filing of an affidavit if the investigation does not disclose 1435
evidence sufficient to support commitment. Notice of the 1436
pre-affidavit screener's decision shall be provided to the 1437
prospective petitioner and the court. If a commitment is not 1438
recommended, the pre-affidavit screener shall provide the 1439
prospective petitioner with connection to other alternative 1440
services and resources available and offered, if appropriate. 1441
(e) If the interested person wishes to proceed with a 1442
petition contrary to the recommendation of the pre-affidavit 1443
screener, application may be made directly to the chancellor, who 1444
shall determine whether or not to proceed with the petition. 1445
Notice of the chancellor's determination shall be provided to the 1446
interested party. 1447
(2) After a pre-affidavit screener has attempted to complete 1448
an in-person screening, if a person is actively violent or refuses 1449
to participate in the pre-affidavit screening and the screening 1450
cannot be completed, then upon recommendation of the community 1451
mental health center, the affidavit may be filed and a writ issued 1452
for a sheriff to intervene. The pre-affidavit screener shall 1453
document why the pre-affidavit screening could not be completed. 1454
After completing the pre-affidavit screening required by 1455
subsection (1) of this section, receiving the written report from 1456
the pre-affidavit screener, and upon filing of an affidavit of 1457
commitment, the clerk, upon direction of the chancellor of the 1458
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court, shall issue a writ directed to the sheriff of the proper 1459
county to take into custody the person alleged to be in need of 1460
treatment and to take the person for physical and mental 1461
examination and treatment by the appropriate community mental 1462
health center established under Section 41-19-31. Except as 1463
otherwise provided in Section 41-21-63, the community mental 1464
health center will be designated as the first point of entry for 1465
pre-affidavit screening and treatment. The writ may provide where 1466
the person shall be held before being taken for examination and 1467
treatment, which shall include any licensed medical facility or 1468
crisis stabilization unit. Reapplication may be made to the 1469
chancellor. If a pauper's affidavit is filed by an affiant who is 1470
a guardian or conservator of a person in need of treatment, the 1471
court shall determine if either the affiant or the person in need 1472
of treatment is a pauper and if the affiant or the person in need 1473
of treatment is determined to be a pauper, the county of the 1474
residence of the respondent shall bear the costs of commitment, 1475
unless funds for those purposes are made available by the state. 1476
(3) (a) Upon receiving the pre-affidavit screening and 1477
filing of an affidavit of commitment, the chancellor shall 1478
immediately appoint and summon two (2) reputable, licensed 1479
physicians or one (1) reputable, licensed physician and either one 1480
(1) psychologist, nurse practitioner or physician assistant to 1481
conduct a physical and mental examination of the person at a place 1482
to be designated by the clerk or chancellor and to report their 1483
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findings to the clerk or chancellor. However, if the 1484
pre-affidavit screening recommends against commitment, the 1485
chancellor may refuse to appoint two (2) physicians to conduct a 1486
physical and mental examination. However, any nurse practitioner 1487
or physician assistant conducting the examination shall be 1488
independent from, and not under the supervision of, the other 1489
physician conducting the examination. A nurse practitioner or 1490
psychiatric nurse practitioner conducting an examination under 1491
this chapter must be functioning within a collaborative or 1492
consultative relationship with a physician as required under 1493
Section 73-15-20(3). In all counties in which there is a county 1494
health officer, the county health officer, if available, may be 1495
one (1) of the physicians so appointed. If a licensed physician 1496
is not available to conduct the physical and mental examination 1497
within forty-eight (48) hours of the pre-affidavit screening, the 1498
court, in its discretion and upon good cause shown, may permit the 1499
examination to be conducted by the following: (a) two (2) nurse 1500
practitioners, one (1) of whom must be a psychiatric nurse 1501
practitioner; or (b) one (1) psychiatric nurse practitioner and 1502
one (1) psychologist or physician assistant. Neither of the 1503
physicians nor the psychologist, nurse practitioner or physician 1504
assistant selected shall be related to that person in any way, nor 1505
have any direct or indirect interest in the estate of that person 1506
nor shall any full-time staff of residential treatment facilities 1507
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operated directly by the State Department of Mental Health serve 1508
as examiner. 1509
(b) Any health care practitioner who conducts a 1510
physical and mental examination of a person as provided under 1511
paragraph (a) of this subsection may sign the certificate required 1512
for establishing a guardianship or conservatorship for the person 1513
and take care of other related requirements as otherwise provided 1514
by law, at the time of conducting the physical and mental 1515
examinations. 1516
(4) The clerk shall ascertain whether the respondent is 1517
represented by an attorney, and if it is determined that the 1518
respondent does not have an attorney, the clerk shall immediately 1519
notify the chancellor of that fact. If the chancellor determines 1520
that the respondent for any reason does not have the services of 1521
an attorney, the chancellor shall immediately appoint an attorney 1522
for the respondent at the time the examiners are appointed. 1523
(5) (a) If the chancellor determines that there is probable 1524
cause to believe that the respondent has a mental illness and that 1525
there is no reasonable alternative to detention, the chancellor 1526
may order that the respondent be retained as an emergency patient 1527
at any licensed medical facility, crisis stabilization unit, or 1528
any other available suitable location for evaluation by a 1529
physician, nurse practitioner or physician assistant and that a 1530
peace officer transport the respondent to the specified facility, 1531
unit or location. If the community mental health center serving 1532
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the county has partnered with Crisis Intervention Teams under the 1533
provisions of Sections 41-21-131 through 41-21-143, the order may 1534
specify that the licensed medical facility be a designated single 1535
point of entry within the county or within an adjacent county 1536
served by the community mental health center. If the person 1537
evaluating the respondent finds that the respondent has a mental 1538
illness and in need of confinement and/or treatment, the 1539
chancellor may order that the respondent be retained at the 1540
licensed medical facility, crisis stabilization unit, or any other 1541
available suitable location as the court may so designate pending 1542
an admission hearing. If necessary, the chancellor may order a 1543
peace officer or other person to transport the respondent to that 1544
facility, or unit or suitable location. Any respondent so 1545
retained may be given such treatment as is indicated by standard 1546
medical practice. However, the respondent shall not be held in a 1547
hospital operated directly by the State Department of Mental 1548
Health. 1549
(b) A jail or other detention center may not be used 1550
for custody unless the community mental health center has explored 1551
and exhausted the availability of other appropriate facilities, 1552
such as the crisis stabilization unit, the local hospital and any 1553
Department of Mental Health certified location; the chancellor 1554
specifically authorizes it; and the respondent is actively 1555
violent. The county of residence of any such person shall pay the 1556
cost of such interim treatment. The community mental health 1557
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center shall provide documentation of the person's violent 1558
behavior and that no other appropriate facilities are available to 1559
the chancellor. Under these circumstances, no person may remain 1560
in a jail for longer than twenty-four (24) hours unless the 1561
community mental health center requests an additional twenty-four 1562
(24) hours from the chancellor. The community mental health 1563
center shall provide treatment during this timeframe pending 1564
placement at an appropriate facility. 1565
For the purposes of this subsection (5), "actively violent" 1566
means that the behavior presents an immediate and serious danger 1567
to the safety of the individual or another, the individual has 1568
inflicted or attempted to inflict serious bodily harm on another, 1569
or has acted in such a way as to create a substantial risk of 1570
serious bodily harm to another, or has engaged in extreme 1571
destruction of property; and that there is a reasonable 1572
probability that this conduct will be repeated. 1573
The provisions of this paragraph (b) shall not be construed 1574
to include jails that are designated as holding facilities under 1575
the requirement provided by Section 41-21-77. 1576
(6) (a) Whenever a licensed psychologist, nurse 1577
practitioner or physician assistant who is certified to complete 1578
examinations for the purpose of commitment or a licensed physician 1579
has reason to believe that a person poses an immediate substantial 1580
likelihood of physical harm to himself or others or is gravely 1581
disabled and unable to care for himself by virtue of mental 1582
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illness, as defined in Section 41-21-61(e), then the physician, 1583
psychologist, nurse practitioner or physician assistant may hold 1584
the person or may admit the person to and treat the person in a 1585
licensed medical facility, without a civil order or warrant for a 1586
period not to exceed seventy-two (72) hours. However, if the 1587
seventy-two-hour period begins or ends when the chancery clerk's 1588
office is closed, or within three (3) hours of closing, and the 1589
chancery clerk's office will be continuously closed for a time 1590
that exceeds seventy-two (72) hours, then the seventy-two-hour 1591
period is extended until the end of the next business day that the 1592
chancery clerk's office is open. The person may be held and 1593
treated as an emergency patient at any licensed medical facility, 1594
available regional mental health facility, or crisis stabilization 1595
unit. The physician or psychologist, nurse practitioner or 1596
physician assistant who holds the person shall certify in writing 1597
the reasons for the need for holding. 1598
If a person is being held and treated in a licensed medical 1599
facility, and that person decides to continue treatment by 1600
voluntarily signing consent for admission and treatment, the 1601
seventy-two-hour hold may be discontinued without filing an 1602
affidavit for commitment. Any respondent so held may be given 1603
such treatment as indicated by standard medical practice. Persons 1604
acting in good faith in connection with the detention and 1605
reporting of a person believed to have a mental illness shall 1606
incur no liability, civil or criminal, for those acts. 1607
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(b) Whenever an individual is held for purposes of 1608
receiving treatment as prescribed under paragraph (a) of this 1609
subsection, and it is communicated to the mental health 1610
professional holding the individual that the individual resides or 1611
has visitation rights with a minor child, and if the individual is 1612
considered to be a danger to the minor child, the mental health 1613
professional shall notify the Department of Child Protection 1614
Services prior to discharge if the threat of harm continues to 1615
exist, as is required under Section 43-21-353. 1616
This paragraph (b) shall be known and may be cited as the 1617
"Andrew Lloyd Law." 1618
SECTION 24. Section 41-21-68, Mississippi Code of 1972, is 1619
brought forward as follows: 1620
41-21-68. (1) Regional commissions established under 1621
Section 41-19-31 et seq. are authorized to establish regional 1622
holding facilities for the treatment and holding of any person 1623
eighteen (18) years of age or older being held for the purpose of 1624
civil commitment. 1625
(2) For the purpose of establishing regional holding 1626
facilities, each regional commission is authorized to create a 1627
holding facility fund and enter into holding facility cooperative 1628
agreements with counties both inside and outside the regional 1629
commission's designated region. Each county electing to use a 1630
regional holding facility may contribute to the regional 1631
commission's holding facility fund. The State of Mississippi may 1632
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match the county's contribution by paying not more than Two 1633
Dollars ($2.00) into the holding facility fund for each One Dollar 1634
($1.00) received from the counties, if sufficient funds are 1635
available. 1636
(3) Crisis stabilization units operating and receiving state 1637
funds from the Department of Mental Health as of January 1, 2015, 1638
shall not be eligible for the holding facility state matching 1639
contributions provided for in this section. The matching funds 1640
provided for in this section shall only be allocated to holding 1641
facilities established under this section. Regional commissions 1642
requesting decertification of any such crisis stabilization unit 1643
to reestablish the unit as a regional holding facility under this 1644
section in order to be eligible for state matching contributions 1645
may do so only with the approval of the Department of Mental 1646
Health. 1647
(4) Counties not contributing to a regional commission 1648
holding facility fund shall not be entitled to use of a holding 1649
facility. No patient shall be ordered by any court to a holding 1650
facility established under this section if the county in which the 1651
commitment action is pending has not entered into a cooperative 1652
agreement with a regional commission and has not made a 1653
contribution to a regional commission holding facility fund. 1654
(5) Holding facilities established under this section shall 1655
at a minimum comply with the operational standards for holding 1656
facilities established by the Department of Mental Health. 1657
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Holding facilities may also seek designation and certification as 1658
a crisis stabilization unit, single point of entry, and other type 1659
of treatment facility so that they may receive reimbursement from 1660
the Division of Medicaid for eligible patients. 1661
(6) Holding facilities and committing courts shall not 1662
remove persons from the holding facility unless the removal is for 1663
clinical purposes. Persons taken to a holding facility 1664
established under this section and any treatment professionals 1665
called as witnesses shall not be required to appear at the court's 1666
location for commitment proceedings, except when extraordinary 1667
circumstances are found and determined as reflected by a written 1668
order of the chancellor. For the purpose of civil commitment 1669
hearings, persons being committed and treatment professionals may 1670
participate through videoconferencing. Holding facilities 1671
established under this section shall have the capacity and ability 1672
to provide videoconferencing between the person being held, the 1673
committing court, and treatment professionals. Any attorney for 1674
the person being held shall be present at the location of the 1675
person during videoconferenced hearings and shall have the ability 1676
to consult in private with the person. 1677
(7) Holding facilities are authorized to provide any 1678
necessary treatment in person or through the use of 1679
videoconferencing between the person and the treatment 1680
professional. 1681
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(8) For purposes of public participation, jurisdiction and 1682
venue, the location of the commitment actions for persons being 1683
held at holding facilities established under this section shall be 1684
deemed to be the county of the committing court, even though the 1685
individual being committed and treatment professionals may be 1686
physically located in other jurisdictions when participating in 1687
any hearing through videoconference. The jurisdiction of the 1688
committing court and law enforcement officials transporting 1689
persons to holding facilities shall extend to other jurisdictions 1690
for the purpose of conducting hearings held by videoconferencing, 1691
and for the purpose of holding and transporting individuals to 1692
holding facilities established under this section. 1693
(9) Persons being held or detained for the purpose of civil 1694
commitment shall not have a jail photograph or "mug shot" 1695
published, except as permitted under Section 41-21-97. Persons 1696
and businesses who publish those photographs shall immediately 1697
remove the photographs from publication, and destroy any and all 1698
copies of those photographs in their possession. 1699
SECTION 25. Section 41-21-71, Mississippi Code of 1972, is 1700
brought forward as follows: 1701
41-21-71. If, as a result of the examination, the appointed 1702
examiners certify that the person is not in need of treatment, the 1703
chancellor, clerk or circuit judge as applicable shall dismiss the 1704
affidavit without the need for a further hearing. Except as 1705
otherwise provided in Section 41-21-63, if the chancellor or 1706
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chancery clerk finds, based upon the appointed examiners' 1707
certificates and any other relevant evidence, that the respondent 1708
is in need of treatment and the certificates are filed with the 1709
chancery clerk within forty-eight (48) hours after the order for 1710
examination, or extension of that time as provided in Section 1711
41-21-69, the clerk shall immediately set the matter for a 1712
hearing. The hearing shall be set within three (3) days of the 1713
filing of the certificates unless an extension is requested by the 1714
respondent's attorney. In no event shall the hearing be more than 1715
five (5) days after the filing of the certificates, unless the 1716
court orders to extend the hearing date, which shall not exceed 1717
five (5) additional days. 1718
SECTION 26. Section 41-21-73, Mississippi Code of 1972, is 1719
brought forward as follows: 1720
41-21-73. (1) Except as otherwise provided in Section 1721
41-21-63, the hearing shall be conducted before the chancellor. 1722
However, the hearing may be held at the location where the 1723
respondent is being held. Within a reasonable period of time 1724
before the hearing, notice of same shall be provided the 1725
respondent and his attorney, which shall include: (a) notice of 1726
the date, time and place of the hearing; (b) a clear statement of 1727
the purpose of the hearing; (c) the possible consequences or 1728
outcome of the hearing; (d) the facts that have been alleged in 1729
support of the need for commitment; (e) the names, addresses and 1730
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telephone numbers of the examiner(s); and (f) other witnesses 1731
expected to testify. 1732
(2) The respondent must be present at the hearing unless the 1733
chancellor determines that the respondent is unable to attend and 1734
makes that determination and the reasons therefor part of the 1735
record. At the time of the hearing, the respondent shall not be 1736
so under the influence or suffering from the effects of drugs, 1737
medication or other treatment so as to be hampered in 1738
participating in the proceedings. The court, at the time of the 1739
hearing, shall be presented a record of all drugs, medication or 1740
other treatment that the respondent has received pending the 1741
hearing, unless the court determines that such a record would be 1742
impractical and documents the reasons for that determination. 1743
(3) The respondent shall have the right to offer evidence, 1744
to be confronted with the witnesses against him and to 1745
cross-examine them and shall have the privilege against 1746
self-incrimination. The rules of evidence applicable in other 1747
judicial proceedings in this state shall be followed. 1748
(4) If the court finds by clear and convincing evidence that 1749
the proposed patient is a person with mental illness or a person 1750
with an intellectual disability and, if after careful 1751
consideration of reasonable alternative dispositions, including, 1752
but not limited to, dismissal of the proceedings, the court finds 1753
that there is no suitable alternative to judicial commitment, the 1754
court shall commit the patient for treatment in the least 1755
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restrictive treatment facility that can meet the patient's 1756
treatment needs. Treatment before admission to a state-operated 1757
facility shall be located as closely as possible to the patient's 1758
county of residence and the county of residence shall be 1759
responsible for that cost. Admissions to state-operated 1760
facilities shall be in compliance with the catchment areas 1761
established by the State Department of Mental Health. A 1762
nonresident of the state may be committed for treatment or 1763
confinement in the county where the person was found. 1764
Alternatives to commitment to inpatient care may include, but 1765
shall not be limited to: voluntary or court-ordered outpatient 1766
commitment for treatment with specific reference to a treatment 1767
regimen, day treatment in a hospital, night treatment in a 1768
hospital, placement in the custody of a friend or relative, or the 1769
provision of home health services. 1770
For persons committed as having mental illness or having an 1771
intellectual disability, the initial commitment shall not exceed 1772
three (3) months. 1773
(5) No person shall be committed to a treatment facility 1774
whose primary problems are the physical disabilities associated 1775
with old age or birth defects of infancy. 1776
(6) The court shall state the findings of fact and 1777
conclusions of law that constitute the basis for the order of 1778
commitment. The findings shall include a listing of less 1779
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restrictive alternatives considered by the court and the reasons 1780
that each was found not suitable. 1781
(7) A stenographic transcription shall be recorded by a 1782
stenographer or electronic recording device and retained by the 1783
court. 1784
(8) Notwithstanding any other provision of law to the 1785
contrary, neither the State Board of Mental Health or its members, 1786
nor the State Department of Mental Health or its related 1787
facilities, nor any employee of the State Department of Mental 1788
Health or its related facilities, unless related to the respondent 1789
by blood or marriage, shall be assigned or adjudicated custody, 1790
guardianship, or conservatorship of the respondent. 1791
(9) The county where a person in need of treatment is found 1792
is authorized to charge the county of the person's residence for 1793
the costs incurred while the person is confined in the county 1794
where such person was found. 1795
SECTION 27. Section 41-21-77, Mississippi Code of 1972, is 1796
brought forward as follows: 1797
41-21-77. (1) If admission is ordered at a treatment 1798
facility, the sheriff, his or her deputy or any other person 1799
appointed or authorized by the court shall immediately deliver the 1800
respondent to the director of the appropriate facility. Neither 1801
the Board of Mental Health or its members, nor the Department of 1802
Mental Health or its related facilities, nor any employee of the 1803
Department of Mental Health or its related facilities, shall be 1804
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appointed, authorized or ordered to deliver the respondent for 1805
treatment, and no person shall be so delivered or admitted until 1806
the director of the admitting institution determines that 1807
facilities and services are available. Persons who have been 1808
ordered committed and are awaiting admission may be given any such 1809
treatment in the facility by a licensed physician as is indicated 1810
by standard medical practice. Any county facility used for 1811
providing housing, maintenance and medical treatment for 1812
involuntarily committed persons pending their transportation and 1813
admission to a state treatment facility shall be certified by the 1814
State Department of Mental Health under the provisions of Section 1815
41-4-7(kk). No person shall be delivered or admitted to any 1816
non-Department of Mental Health treatment facility unless the 1817
treatment facility is licensed and/or certified to provide the 1818
appropriate level of psychiatric care for persons with mental 1819
illness. It is the intent of this Legislature that county-owned 1820
hospitals work with regional community mental health/intellectual 1821
disability centers in providing care to local patients. The clerk 1822
shall provide the director of the admitting institution with a 1823
certified copy of the court order, a certified copy of the 1824
appointed examiners' certificates, a certified copy of the 1825
affidavit, and any other information available concerning the 1826
physical and mental condition of the respondent. Upon 1827
notification from the United States Veterans Administration or 1828
other agency of the United States government, that facilities are 1829
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available and the respondent is eligible for care and treatment in 1830
those facilities, the court may enter an order for delivery of the 1831
respondent to or retention by the Veterans Administration or other 1832
agency of the United States government, and, in those cases the 1833
chief officer to whom the respondent is so delivered or by whom he 1834
is retained shall, with respect to the respondent, be vested with 1835
the same powers as the director of the Mississippi State Hospital 1836
at Whitfield, or the East Mississippi State Hospital at Meridian, 1837
with respect to retention and discharge of the respondent. 1838
(2) (a) When admission to a treatment facility is ordered 1839
by the court, the chancery clerk shall make record of the 1840
admission. Each chancery clerk shall maintain a record of the 1841
number of persons ordered by the court to be admitted to a 1842
treatment facility, the number of hearings held by the court to 1843
determine whether a person should be admitted to a treatment 1844
facility and the number of affidavits filed to admit a person to a 1845
treatment facility under Section 41-21-61 * * * et. seq. 1846
(b) The chancery clerk shall maintain a record each 1847
time such clerk receives a denial for admission to a community 1848
mental health center crisis stabilization bed, the reason provided 1849
to the clerk for such denial, and the subsequent action taken by 1850
the clerk upon receiving the denial. 1851
(c) Each chancery clerk shall provide the records 1852
required by paragraphs (a) and (b) of this subsection (2) to the 1853
Department of Mental Health within thirty (30) days of the end of 1854
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each calendar quarter. Within sixty (60) days of receipt of the 1855
chancery clerk records, the Department of Mental Health shall 1856
provide a summary to the Chairpersons of the Appropriations, 1857
Public Health and Judiciary A and B Committees for the Mississippi 1858
House of Representatives and the Mississippi Senate, the 1859
Coordinator of Mental Health and the President of the Mississippi 1860
Association of Community Mental Health Centers. 1861
SECTION 28. Section 41-21-87, Mississippi Code of 1972, is 1862
brought forward as follows: 1863
41-21-87. (1) The director of either the treatment facility 1864
where the patient is committed or the treatment facility where the 1865
patient resides while awaiting admission to any other treatment 1866
facility may discharge any civilly committed patient upon filing 1867
his certificate of discharge with the clerk of the committing 1868
court, certifying that the patient, in his judgment, no longer 1869
poses a substantial threat of physical harm to himself or others. 1870
(2) A director of a treatment facility specified in 1871
subsection (1) above may return any patient to the custody of the 1872
committing court upon providing seven (7) days' notice and upon 1873
filing his certificate of same as follows: 1874
(a) When, in the judgment of the director, the patient 1875
may be treated in a less restrictive environment; however, 1876
treatment in such less restrictive environment shall be 1877
implemented within seven (7) days after notification of the court; 1878
or 1879
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(b) When, in the judgment of the director, adequate 1880
facilities or treatment are not available at the treatment 1881
facility. 1882
(3) Except as provided in Section 41-21-88, no committing 1883
court shall enjoin or restrain any director of a treatment 1884
facility specified in subsection (1) above from discharging a 1885
patient under this section whose treating professionals have 1886
determined that the patient meets one (1) of the criteria for 1887
discharge as outlined in subsection (1) or (2) of this section. 1888
The director of the treatment facility where the patient is 1889
committed may transfer any civilly committed patient from one (1) 1890
facility operated directly by the Department of Mental Health to 1891
another as necessary for the welfare of that or other patients. 1892
Upon receiving the director's certificate of transfer, the court 1893
shall enter an order accordingly. 1894
(4) Within twenty-four (24) hours prior to the release or 1895
discharge of any civilly committed patient, other than a temporary 1896
pass due to sickness or death in the patient's family, the 1897
director shall give or cause to be given notice of such release or 1898
discharge to one (1) member of the patient's immediate family, 1899
provided the member of the patient's immediate family has signed 1900
the consent to release form provided under subsection (5) and has 1901
furnished in writing a current address and telephone number, if 1902
applicable, to the director for such purpose. The notice of 1903
release shall also be provided to any victim of such person and/or 1904
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to any person to whom a restraining order has been entered to 1905
protect from such person. The notice to the family member shall 1906
include the psychiatric diagnosis of any chronic mental disorder 1907
incurred by the civilly committed patient and any medications 1908
provided or prescribed to the patient for such conditions. 1909
(5) All providers of service in a treatment facility, 1910
whether in a community mental health/intellectual disability 1911
center, region or state psychiatric hospital, are authorized and 1912
directed to request a consent to release information from all 1913
patients which will allow that entity to involve the family in the 1914
patient's treatment. Such release form shall be developed by the 1915
Department of Mental Health and provided to all treatment 1916
facilities, community mental health/intellectual disability 1917
centers and state facilities. All such facilities shall request 1918
such a release of information upon the date of admission of the 1919
patient to the facility or at least by the time the patient is 1920
discharged. 1921
(6) Each month the Department of Mental Health-operated 1922
facilities shall provide the directors of community mental health 1923
centers the names of all individuals who were discharged to their 1924
catchment area with referral for community-based services. The 1925
department shall require community mental health care providers to 1926
report monthly the date that service(s) were initiated and type of 1927
service(s) initiated. 1928
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SECTION 29. Section 41-21-143, Mississippi Code of 1972, is 1929
brought forward as follows: 1930
41-21-143. (1) Community mental health center directors 1931
shall actively encourage hospitals to develop comprehensive 1932
psychiatric emergency services. If a collaborative agreement can 1933
be negotiated with a hospital that can provide a comprehensive 1934
psychiatric emergency service, that hospital shall be given 1935
priority when designating the single point of entry. 1936
(2) The State Department of Mental Health shall encourage 1937
community mental health center directors to actively work with 1938
hospitals and law enforcement agencies to develop Crisis 1939
Intervention Teams and comprehensive psychiatric emergency 1940
services and shall facilitate the development of those programs. 1941
(3) State colleges and universities that provide classes in 1942
criminal justice are encouraged to collaborate with law 1943
enforcement agencies to develop training guidelines and standards 1944
for CIT officers and to provide educational classes and continuing 1945
education programs by which CIT officers can earn continuing 1946
education credits. 1947
SECTION 30. Section 41-31-5, Mississippi Code of 1972, is 1948
brought forward as follows: 1949
41-31-5. (1) (a) Before filing an affidavit for inpatient 1950
commitment or outpatient treatment of an individual, the relative 1951
or interested person shall be connected with the community mental 1952
health center in the county of financial responsibility or the 1953
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county where the proposed patient is present for conduct of 1954
preliminary investigation to determine the need to file an 1955
affidavit for inpatient commitment or outpatient treatment. If 1956
the community mental health center is unavailable, any licensed 1957
physician may conduct the pre-affidavit screening. The 1958
pre-affidavit screening shall be completed within twenty-four (24) 1959
hours of the community mental health center being notified. The 1960
community mental health center shall provide the pre-affidavit 1961
screening report to the chancery clerk for the county in which the 1962
affidavit is to be filed upon completion. The community mental 1963
health center shall appoint a screener to conduct an 1964
investigation. The prospective affiant may not be the 1965
pre-affidavit screener. The investigation must include: 1966
(i) An interview with the proposed patient and 1967
other individuals who appear to have knowledge of the condition of 1968
the proposed patient, if practicable. In-person interviews with 1969
the proposed patient are preferred. If the proposed patient is 1970
not interviewed, specific reasons must be documented; 1971
(ii) Identification and investigation of specific 1972
alleged conduct that is the basis for application; and 1973
(iii) Identification, exploration and listing of 1974
the specific reasons for rejecting or recommending alternatives to 1975
inpatient commitment or outpatient treatment. 1976
(b) In conducting the investigation required by this 1977
subsection, the screener shall have access to all relevant medical 1978
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records of proposed patients currently in treatment facilities, 1979
state-operated treatment programs, or community-based treatment 1980
programs. Data collected pursuant to this paragraph (b) shall be 1981
considered private data on individuals. The pre-affidavit 1982
screening report is not admissible as evidence in court except by 1983
agreement of counsel or as permitted by the rules of court and is 1984
not admissible in any court proceedings unrelated to the 1985
commitment proceedings. 1986
(c) When the pre-affidavit screener recommends 1987
commitment, a written report shall be sent to the chancery clerk 1988
for the county in which the petition is to be filed. The 1989
statement of facts contained in the written report must meet the 1990
requirements of Section 41-31-3(4), specifically certifying that a 1991
less restrictive alternative treatment was considered and 1992
specifying why treatment less restrictive than inpatient 1993
commitment or outpatient treatment is not appropriate. 1994
(d) The pre-affidavit screener shall refuse to support 1995
the filing of an affidavit if the investigation does not disclose 1996
evidence sufficient to support inpatient commitment or outpatient 1997
treatment. Notice of the pre-affidavit screener's decision shall 1998
be provided to the prospective affiant and the court. If an 1999
inpatient or outpatient commitment is not recommended, the 2000
pre-affidavit screener shall provide the prospective petitioner 2001
with connection to other alternative services and resources 2002
available and offered, if appropriate. 2003
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(e) If the interested person wishes to proceed with a 2004
petition contrary to the recommendation of the pre-affidavit 2005
screener, application may be made directly to the chancellor, who 2006
shall determine whether or not to proceed with the petition. 2007
Notice of the chancellor's determination shall be provided to the 2008
interested party. 2009
(f) Notwithstanding the requirements of this section, a 2010
pre-affidavit screening shall not be required if the individual to 2011
be committed is being treated in a licensed hospital with licensed 2012
acute psychiatric beds and has already had two (2) qualified 2013
professional evaluations, provided that the licensed hospital 2014
notifies the community mental health center that the individual is 2015
in the hospital at least twenty-four (24) hours before filing the 2016
affidavit. 2017
(2) Whenever an affidavit is filed, the chancellor of the 2018
court shall, by order, fix a time upon a day certain for the 2019
hearing thereof, either in termtime or in vacation, which hearing 2020
shall be fixed not less than five (5) days nor more than twenty 2021
(20) days from the filing of the affidavit. The person alleged to 2022
be an alcoholic or drug addict shall be served with a citation to 2023
appear at the hearing not less than three (3) days prior to the 2024
day fixed for the hearing, and there shall be served with such 2025
citation a true and correct copy of the affidavit. 2026
(3) The clerk must ascertain whether the respondent is 2027
represented by an attorney, and if it is determined that the 2028
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respondent does not have an attorney, the clerk immediately must 2029
notify the chancellor of that fact. If the chancellor determines 2030
that the respondent for any reason does not have the services of 2031
an attorney, the chancellor shall appoint an attorney for the 2032
respondent before a hearing on the affidavit. 2033
(4) At the time fixed, the chancellor shall hear evidence on 2034
the affidavit, with or without the presence of the alleged 2035
alcoholic or drug addict, and all persons interested shall have 2036
the right to appear and present evidence touching upon the truth 2037
and correctness of the allegations of the affidavit. The 2038
chancellor, in his or her discretion, may require that the alleged 2039
alcoholic or drug addict be examined by the county health officer 2040
or by such other competent physician or physicians as the 2041
chancellor may select, and may consider the results of such 2042
examination in reaching a decision in the matter. 2043
(5) If the alleged alcoholic or drug addict admits the truth 2044
and correctness of the allegations of the affidavit, or if the 2045
chancellor finds from the evidence that such person is an 2046
alcoholic or drug addict, and is in need of detention, care and 2047
treatment in an institution, and that the other material 2048
allegations of the petition are true, then the chancellor shall 2049
enter an order so finding, and shall order that such person be 2050
remanded and committed to and confined in the proper state 2051
institution under this chapter or a private treatment facility 2052
under the provisions of Title 41, Chapter 32, Mississippi Code of 2053
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1972, or, in the case of an alcoholic to an approved public or 2054
private treatment facility pursuant to the provisions of Title 41, 2055
Chapter 30, Mississippi Code of 1972, for care and treatment for a 2056
period of not less than thirty (30) days nor more than ninety (90) 2057
days as the necessity of the case may, in his or her discretion, 2058
require. However, when such person is so committed, the medical 2059
director of the institution shall be vested with full discretion 2060
as to the treatment and discharge of such person, and may 2061
discharge and release such person at any time when the condition 2062
of such person so justifies. 2063
(6) (a) If the chancellor determines under this section 2064
that the alleged alcoholic or drug addict is in need of care and 2065
treatment but also affirmatively finds that the alleged alcoholic 2066
or drug addict would benefit from the less restrictive option of 2067
an outpatient treatment program, the chancellor, in his or her 2068
discretion and upon agreement of both the affiant and the person 2069
in need of treatment, may order the alleged alcoholic or drug 2070
addict into an outpatient treatment program. 2071
(b) If the order directs outpatient treatment, the 2072
outpatient treatment provider may prescribe or administer to the 2073
respondent treatment consistent with accepted alcohol and drug 2074
abuse treatment standards. If the respondent fails or clearly 2075
refuses to comply with outpatient treatment, the director of the 2076
treatment program, his or her designee or an interested person 2077
must make all reasonable efforts to solicit the respondent's 2078
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compliance. These efforts must be documented and, if the 2079
respondent fails or clearly refuses to comply with outpatient 2080
treatment after the efforts are made, the efforts must be 2081
documented with the court by affidavit. Upon the filing of the 2082
affidavit, the sheriff of the proper county may take the 2083
respondent into custody. The chancellor thereafter may order the 2084
respondent to inpatient treatment as soon as a treatment facility 2085
is available. 2086
(c) The respondent may request a hearing within ten 2087
(10) days of commitment to inpatient treatment by filing a written 2088
request with the chancery clerk of the committing court, or the 2089
respondent may request such a hearing in writing to any member of 2090
the professional staff of the treatment facility, which must be 2091
forwarded to the director and promptly filed with the chancery 2092
clerk of the committing court. The respondent must be advised of 2093
the right to request such a hearing and of the right to consult a 2094
lawyer. 2095
SECTION 31. This act shall take effect and be in force from 2096
and after July 1, 2026. 2097