House Bill 1049

AN ACT TO AMEND SECTION 41-21-61, MISSISSIPPI CODE OF 1972, TO DEFINE THE TERM "SUBSTANTIAL LIKELIHOOD OF BODILY HARM" FOR THE PURPOSES OF THE COMMITMENT LAWS FOR PERSONS IN NEED OF MENTAL TREATMENT; TO AMEND SECTION 41-21-67, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE CHANCERY CLERK MAY REQUIRE THAT A PERSON ALLEGED TO BE IN NEED OF MENTAL TREATMENT BE REFERRED TO A CRISIS INTERVENTION TEAM FOR APPROPRIATE SERVICES BEFORE THE ISSUANCE OF A WRIT TO TAKE THE PERSON INTO CUSTODY; TO PROVIDE THAT THE CHANCELLOR MAY ORDER THAT THE RESPONDENT BE RETAINED AS AN EMERGENCY PATIENT AT ANY LICENSED MEDICAL FACILITY FOR EVALUATION; TO PROVIDE THAT IF THE COMMUNITY MENTAL HEALTH CENTER SERVING THE COUNTY HAS PARTNERED WITH CRISIS INTERVENTION TEAMS, THE CHANCELLOR'S ORDER MAY SPECIFY THAT THE LICENSED MEDICAL FACILITY BE A DESIGNATED SINGLE POINT OF ENTRY WITHIN THE COUNTY OR WITHIN AN ADJACENT COUNTY SERVED BY THE COMMUNITY MENTAL HEALTH CENTER; TO PROVIDE THAT THE SEVENTY-TWO-HOUR PERIOD FOR HOLDING AND TREATING A PERSON IN A LICENSED MEDICAL FACILITY WITHOUT A CIVIL ORDER OR WARRANT SHALL BE EXTENDED UNTIL THE END OF THE NEXT BUSINESS DAY IF THE SEVENTY-TWO-HOUR PERIOD BEGINS OR ENDS WHEN THE CHANCERY CLERK'S OFFICE IS CLOSED; TO PROVIDE THAT IF A PERSON IS BEING HELD AND TREATED IN A LICENSED MEDICAL FACILITY AND THE PERSON DECIDES TO CONTINUE TREATMENT BY VOLUNTARILY SIGNING CONSENT FOR ADMISSION AND TREATMENT, THE SEVENTY-TWO-HOUR HOLD MAY BE DISCONTINUED WITHOUT FILING AN AFFIDAVIT FOR COMMITMENT; TO AMEND SECTION 41-21-73, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT COMMITMENT HEARINGS MAY BE HELD AT THE LOCATION WHERE THE RESPONDENT IS BEING HELD; TO CREATE NEW SECTIONS 41-21-131 THROUGH 41-21-143, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE ESTABLISHMENT AND IMPLEMENTATION OF CRISIS INTERVENTION TEAMS BY LAW ENFORCEMENT AGENCIES IN PARTNERSHIP WITH COMMUNITY MENTAL HEALTH CENTERS AND HOSPITALS; TO PROVIDE THAT CRISIS INTERVENTION TEAMS SHALL OPERATE WITHIN LOCAL CATCHMENT AREAS SERVED BY LAW ENFORCEMENT AGENCIES; TO PROVIDE THAT ONE OR MORE HOSPITALS WILL SERVE AS A SINGLE POINT OF ENTRY FOR A CRISIS INTERVENTION TEAM CATCHMENT AREA; TO AUTHORIZE A HOSPITAL SERVING AS A SINGLE POINT OF ENTRY TO ESTABLISH A COMPREHENSIVE PSYCHIATRIC EMERGENCY SERVICE TO PROVIDE PSYCHIATRIC EMERGENCY SERVICES TO A PERSON WITH MENTAL ILLNESS OR AN IMPAIRMENT CAUSED BY DRUGS OR ALCOHOL; TO PROVIDE THAT COMMUNITY MENTAL HEALTH CENTERS SHALL HAVE OVERSIGHT OF CRISIS INTERVENTION TEAMS OPERATING WITHIN THEIR SERVICE AREAS; TO REQUIRE THAT PROPOSALS FOR CRISIS INTERVENTION TEAMS SHALL INCLUDE THE NECESSARY COLLABORATIVE AGREEMENTS AMONG A COMMUNITY MENTAL HEALTH CENTER, A LAW ENFORCEMENT AGENCY AND A HOSPITAL THAT WILL SERVE AS THE SINGLE POINT OF ENTRY FOR THE CRISIS INTERVENTION TEAM CATCHMENT AREA; TO AUTHORIZE CERTAIN TRAINED LAW ENFORCEMENT OFFICERS TO TAKE INTO CUSTODY PERSONS WITH SUBSTANTIAL LIKELIHOOD OF BODILY HARM FOR THE PURPOSE OF EMERGENCY TREATMENT IN A HOSPITAL SERVING AS A SINGLE POINT OF ENTRY; TO EXEMPT LAW ENFORCEMENT OFFICERS FROM CIVIL AND CRIMINAL LIABILITY FOR DETAINING A PERSON WITH SUBSTANTIAL LIKELIHOOD OF BODILY HARM IN GOOD FAITH; TO AUTHORIZE CERTAIN PSYCHIATRIC NURSE PRACTITIONERS AND PSYCHIATRIC PHYSICIAN ASSISTANTS TO HOLD A PATIENT FOR TREATMENT IN A HOSPITAL SERVING AS A SINGLE POINT OF ENTRY; TO EXEMPT PSYCHIATRIC NURSE PRACTITIONERS AND PSYCHIATRIC PHYSICIAN ASSISTANTS FROM CIVIL AND CRIMINAL LIABILITY FOR DETAINING A MENTALLY ILL PERSON IN GOOD FAITH; TO PROVIDE THAT A PERSON WITH SUBSTANTIAL LIKELIHOOD OF BODILY HARM DUE TO IMPAIRMENT CAUSED BY DRUGS OR ALCOHOL MAY BE HELD AT A SINGLE POINT OF ENTRY WHEN THERE ARE NO REASONABLE ALTERNATIVES; TO EXEMPT A PERSON FROM CRIMINAL OR CIVIL LIABILITY WHEN DETAINING A PERSON WITH IMPAIRMENT CAUSED BY DRUGS OR ALCOHOL IN GOOD FAITH; TO PROVIDE FOR COMPREHENSIVE PSYCHIATRIC EMERGENCY SERVICES OPERATED BY A HOSPITAL THAT IS SERVING AS THE SINGLE POINT OF ENTRY FOR A CRISIS INTERVENTION TEAM CATCHMENT AREA; TO REQUIRE THAT COMPREHENSIVE PSYCHIATRIC EMERGENCY SERVICES PROVIDE BEDS NEEDED FOR EXTENDED TREATMENT AND TO REQUIRE THAT THESE BEDS BE LICENSED BY THE STATE DEPARTMENT OF HEALTH; TO PROVIDE THAT A COMPREHENSIVE PSYCHIATRIC EMERGENCY SERVICE MAY PROVIDE TREATMENT OF A PERSON WITH MENTAL ILLNESS OR A PERSON WITH SUBSTANTIAL LIKELIHOOD OF BODILY HARM DUE TO IMPAIRMENT CAUSED BY DRUGS OR ALCOHOL UP TO BUT NOT EXCEEDING SEVENTY-TWO HOURS; TO AMEND SECTION 41-4-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE STATE BOARD OF MENTAL HEALTH SHALL HAVE QUARTERLY MEETINGS; AND FOR RELATED PURPOSES.

In the House of Representatives

• Alyce G. Clarke

  Sponsor

• Senate committee amendmentAdopted

  Adopted Mar 10

l9n doesn't hold this bill's text yet.

In the House of Representatives Jan 18 – Feb 10

1. Jan 18Referred to the House committee on Public Health and Human Services
2. Jan 28Reported from committee in the House: title sufficient, do pass
3. Feb 10Passed the House

In the Senate Feb 11 – Mar 10

1. Feb 11Sent to the Senate
2. Feb 15Referred to the Senate committee on Public Health and Welfare
3. Mar 2Reported from committee in the Senate: title sufficient, do pass as amended
4. Mar 10Amended in the Senate
5. Passed the Senate as amended

Back in the House of Representatives Mar 12 – Apr 21

1. Mar 12Returned to the House to concur in the Senate's amendments
2. Mar 16Declined in the House to concur, and invited a conference
3. Mar 17Conferees named in the House: Holland, Barker and Clark
4. Mar 22Conferees named in the Senate: Bryan, Burton and Frazier
5. Mar 26Conference report filed in the House
6. Conference report filed in the Senate
7. Conference report adopted in the Senate
8. Mar 27Conference report adopted in the House
9. Motion in the Senate to reconsider entered
10. Motion in the Senate to reconsider tabled
11. Apr 21Enrolled bill signed in the House

To the Governor Apr 22 – Apr 28

1. Apr 22Enrolled bill signed in the Senate
2. Apr 28Approved by the Governor