MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Public Health and Welfare
By: Senator(s) Burton
AN ACT TO AMEND SECTIONS 41-21-67, 41-21-69, 41-21-71 AND 41-30-27, MISSISSIPPI CODE OF 1972, TO INCLUDE LICENSED NURSE PRACTITIONERS AS MANDATORY EVALUATORS FOR CIVIL COMMITMENT AND TO INCLUDE LICENSED PROFESSIONAL COUNSELORS, LICENSED CLINICAL SOCIAL WORKERS AND LICENSED MARRIAGE AND FAMILY THERAPISTS AS POTENTIAL SECOND EVALUATORS FOR CIVIL COMMITMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-21-67, Mississippi Code of 1972, is amended as follows:
41-21-67. (1) Whenever the affidavit provided for in Section 41-21-65 is filed with the chancery clerk, the clerk, upon direction of the chancellor of the court, shall issue a writ directed to the sheriff of the proper county to take into custody the person alleged to be in need of treatment and to bring the person before the clerk or chancellor, who shall order pre-evaluation screening and treatment by the appropriate community mental health center established under Section 41-19-31. The community mental health center will be designated as the first point of entry for screening and treatment. If the community mental health center is unavailable, any reputable licensed physician, psychologist, nurse practitioner or physician assistant, licensed clinical social worker, licensed marriage and family therapist, or licensed professional counselor, as allowed in the discretion of the court, may conduct the pre-evaluation screening and examination as set forth in Section 41-21-69. The order may provide where the person shall be held before the appearance before the clerk or chancellor. However, when the affidavit fails to set forth factual allegations and witnesses sufficient to support the need for treatment, the chancellor shall refuse to direct issuance of the writ. Reapplication may be made to the chancellor. If a pauper's affidavit is filed by a guardian for commitment of the ward of the guardian, the court shall determine if the ward is a pauper and if the ward is determined to be a pauper, the county of the residence of the respondent shall bear the costs of commitment, unless funds for those purposes are made available by the state.
In any county in which a Crisis Intervention Team has been established under the provisions of Sections 41-21-131 through 41-21-143, the clerk, upon the direction of the chancellor, may require that the person be referred to the Crisis Intervention Team for appropriate psychiatric or other medical services before the issuance of the writ.
(2) Upon issuance of the
writ, the chancellor shall immediately appoint and summon two (2) reputable,
licensed physicians or either one (1) reputable, licensed physician * * * or one (1)
reputable, licensed nurse practitioner * * * and one (1) psychologist, physician
assistant, licensed clinical social worker, licensed marriage and family
therapist, or licensed professional counselor to conduct a physical and
mental examination of the person at a place to be designated by the clerk or chancellor
and to report their findings to the clerk or chancellor. However, any nurse
practitioner or physician assistant conducting the examination shall be
independent from, and not under the supervision of, the other physician
conducting the examination. In all counties in which there is a county health
officer, the county health officer, if available, may be one (1) of the
physicians so appointed. Neither of the physicians nor the psychologist, nurse
practitioner or physician assistant selected shall be related to that person in
any way, nor have any direct or indirect interest in the estate of that person
nor shall any full-time staff of residential treatment facilities operated
directly by the State Department of Mental Health serve as examiner.
(3) The clerk shall ascertain whether the respondent is represented by an attorney, and if it is determined that the respondent does not have an attorney, the clerk shall immediately notify the chancellor of that fact. If the chancellor determines that the respondent for any reason does not have the services of an attorney, the chancellor shall immediately appoint an attorney for the respondent at the time the examiners are appointed.
(4) If the chancellor
determines that there is probable cause to believe that the respondent is
mentally ill and that there is no reasonable alternative to detention, the
chancellor may order that the respondent be retained as an emergency patient at
any licensed medical facility for evaluation by a physician, nurse practitioner * * *, physician assistant, licensed
clinical social worker, licensed marriage and family therapist, or licensed
professional counselor, and that a peace officer transport the respondent
to the specified facility. If the community mental health center serving the
county has partnered with Crisis Intervention Teams under the provisions of
Sections 41-21-131 through 41-21-143, the 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. If the
person evaluating the respondent finds that the respondent is mentally ill and
in need of treatment, the chancellor may order that the respondent be retained
at the licensed medical facility or any other available suitable location as
the court may so designate pending an admission hearing. If necessary, the
chancellor may order a peace officer or other person to transport the
respondent to that facility or suitable location. Any respondent so retained
may be given such treatment as is indicated by standard medical practice.
However, the respondent shall not be held in a hospital operated directly by
the State Department of Mental Health, and shall not be held in jail unless the
court finds that there is no reasonable alternative.
(5) (a) Whenever a
licensed psychologist, nurse practitioner * * *, physician assistant, licensed
clinical social worker, licensed marriage and family therapist, or licensed
professional counselor who is certified to complete examinations for the
purpose of commitment or a licensed physician has reason to believe that a
person poses an immediate substantial likelihood of physical harm to himself or
others or is gravely disabled and unable to care for himself by virtue of
mental illness, as defined in Section 41-21-61(e), then the physician,
psychologist, nurse practitioner * * *, physician assistant, licensed
clinical social worker, licensed marriage and family therapist, or licensed
professional counselor may hold the person or may admit the person to and
treat the person in a licensed medical facility, without a civil order or
warrant for a period not to exceed seventy-two (72) hours. However, if the
seventy-two-hour period begins or ends when the chancery clerk's office is
closed, or within three (3) hours of closing, and the chancery clerk's office
will be continuously closed for a time that exceeds seventy-two (72) hours,
then the seventy-two-hour period is extended until the end of the next business
day that the chancery clerk's office is open. The person may be held and
treated as an emergency patient at any licensed medical facility, available
regional mental health facility, or crisis intervention center. The physician
or psychologist, nurse practitioner * * *, physician assistant, licensed
clinical social worker, licensed marriage and family therapist, or licensed
professional counselor, who holds the person shall certify in writing the
reasons for the need for holding.
If a person is being held and treated in a licensed medical facility, and that 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. Any respondent so held may be given such treatment as indicated by standard medical practice. Persons acting in good faith in connection with the detention and reporting of a person believed to be mentally ill shall incur no liability, civil or criminal, for those acts.
(b) Whenever an individual is held for purposes of receiving treatment as prescribed under paragraph (a) of this subsection, and it is communicated to the mental health professional holding the individual that the individual resides or has visitation rights with a minor child, and if the individual is considered to be a danger to the minor child, the mental health professional shall notify the Department of Human Services prior to discharge if the threat of harm continues to exist, as is required under Section 43-21-353.
This paragraph shall be known and may be cited as the "Andrew Lloyd Law."
SECTION 2. Section 41-21-69, Mississippi Code of 1972, is amended as follows:
41-21-69. (1) (a) The
physicians or the physician * * * or psychologist, nurse
practitioner, * * *,
physician assistant, licensed clinical social worker, licensed marriage and
family therapist, or licensed professional counselor so appointed shall
immediately make a full inquiry into the condition of the person alleged to be
in need of treatment and shall make a mental examination and physical
evaluation of the person, and shall make a report and certificate of their
findings of all mental and acute physical problems to the clerk of the court.
The report and certificate shall set forth the facts as found by the
physicians or the physician * * * or psychologist, nurse practitioner * * *, physician assistant, licensed
clinical social worker, licensed marriage and family therapist, or licensed
professional counselor and shall state whether or not the examiner is of
the opinion that the proposed patient is suffering a disability defined in
Sections 41-21-61 through 41-21-107 and should be committed to a treatment
facility. The statement shall include the reasons for that opinion. The
examination may be based upon a history provided by the patient and the report
and certificate of findings shall include an identification of all mental and
physical problems identified by the examination.
(b) If the physicians
or the physician and psychologist, nurse practitioner * * *, physician assistant, licensed
clinical social worker, licensed marriage and family therapist, or licensed
professional counselor so appointed finds: (i) the respondent has mental
illness; (ii) the respondent is capable of surviving safely in the community
with available supervision from family, friends or others; (iii) based on the
respondent's treatment history and other applicable medical or psychiatric
indicia, the respondent is in need of treatment in order to prevent further
disability or deterioration that would result in significant deterioration in
the ability to carry out activities of daily living; and (iv) his or her
current mental status or the nature of his or her illness limits or negates his
or her ability to make an informed decision to seek voluntarily or comply with
recommended treatment; the physicians or the physician and psychologist, nurse
practitioner * * *,
physician assistant, licensed clinical social worker, licensed marriage and
family therapist, or licensed professional counselor so appointed shall so
show on the examination report and certification and shall recommend outpatient
commitment. The examining physicians or the physician and psychologist, nurse
practitioner * * *,
physician assistant, licensed clinical social worker, licensed marriage and
family therapist, or licensed professional counselor shall also show the
name, address and telephone number at the proposed outpatient treatment
physician or facility.
(2) The examinations shall
be conducted and concluded within forty-eight (48) hours after the order for
examination and appointment of attorney, and the certificates of the physicians
or the physician and psychologist, nurse practitioner * * *, physician assistant, licensed
clinical social worker, licensed marriage and family therapist, or licensed
professional counselor shall be filed with the clerk of the court within
that time, unless the running of that period extends into nonbusiness hours, in
which event the certificate shall be filed at the beginning of the next
business day. However, if the examining physicians or the physician and
psychologist, nurse practitioner * * *, physician assistant, licensed
clinical social worker, licensed marriage and family therapist, or licensed
professional counselor is of the opinion that additional time to complete
the examination is necessary, and this fact is communicated to the chancery
clerk or chancellor, the clerk or chancellor shall have authority to extend the
time for completion of the examination and the filing of the certificate, the
extension to be not more than eight (8) hours.
(3) At the beginning of the examination, the respondent shall be told in plain language of the purpose of the examination, the possible consequences of the examination, of his or her right to refuse to answer any questions, and his or her right to have his or her attorney present.
SECTION 3. Section 41-21-71, Mississippi Code of 1972, is amended as follows:
41-21-71. If, as a result
of the examination, the examiners certify that the person is not in need of
treatment, the chancellor or clerk shall dismiss the affidavit without the need
for a further hearing. If the chancellor or chancery clerk finds, based upon
the physicians' or the physician's and a psychologist's, nurse practitioner's * * *, physician assistant's, licensed
clinical social worker's, licensed marriage and family therapist's, or licensed
professional counselor's certificate and any other relevant evidence, that
the respondent is in need of treatment and that certificate is filed with the
chancery clerk within forty-eight (48) hours after the order for examination,
or extension of that time as provided in Section 41-21-69, the clerk shall
immediately set the matter for a hearing. The hearing shall be set within
seven (7) days of the filing of the certificate unless an extension is
requested by the respondent's attorney. In no event shall the hearing be more
than ten (10) days after the filing of the certificate.
SECTION 4. Section 41-30-27, Mississippi Code of 1972, is amended as follows:
41-30-27. (1) (a) A
person may be admitted to an approved public or private treatment facility for
emergency care and treatment upon a decree of the chancery court accepting an
application for admission thereto accompanied by the certificate of two (2)
licensed physicians or either one (1) reputable, licensed physician and one
(1) psychologist, nurse practitioner, physician assistant, licensed clinical
social worker, licensed marriage and family therapist, or licensed professional
counselor. The application shall be to the chancery court of the county of
such person's residence and may be made by any one (1) of the following:
Either certifying physician, the patient's spouse or guardian, any relative of
the patient, or any other person responsible for health, safety or welfare of
all or part of the citizens within said chancery court's territorial
jurisdiction. The application shall state facts to support the need for
immediate commitment, including factual allegations showing that the person to
be committed has threatened, attempted or actually inflicted physical harm upon
himself or another. The physician * * *'s, psychologist's, nurse practitioner's,
physician assistant's, licensed clinical social worker's, licensed marriage and
family therapist's, or licensed professional counselor's certificate(s)
shall state that they examined the person within two (2) days of the
certificate date and shall set out the facts to support * * * their professional
conclusion that the person is an alcoholic or drug addict who has lost the
power of self-control with respect to the use of alcoholic beverages or habit-forming
drugs and that unless immediately committed he is likely to inflict physical
harm upon himself or others. A hearing on such applications shall be heard by
the chancery court in term time or in vacation, and the hearing shall be held
in the presence of the person sought to be admitted unless he fail or refuse to
attend. Notice of the hearing shall be given to the person sought to be
admitted, as soon as practicable after the examination by the certifying * * * physician, psychologist,
nurse practitioner, physician assistant, licensed clinical social worker, or
licensed professional counselor, and the person sought to be admitted shall
have an opportunity to be represented by counsel, and shall be entitled to have
compulsory process for the attendance of witnesses.
(b) For the purpose of this section, the term "drug addict" shall have the meaning ascribed to it by Section 41-31-1(d).
(2) The chancery judge may refuse an application if in his opinion the application and certificate fail to sustain the grounds for commitment. Upon acceptance of the application after hearing thereon and decree sustaining the application by the judge, the person shall be transported to the facility by a peace officer, health officer, the applicant for commitment, the patient's spouse or the patient's guardian. The person shall be retained at the facility that admitted him, or be transferred to any other appropriate treatment resource, until discharged pursuant to subsection (3).
(3) The attending physician shall discharge any person committed pursuant to this section when he determines that the grounds for commitment no longer exist, but no person committed pursuant to this section shall be retained in any facility for more than five (5) days.
(4) The application filed pursuant to subsection (1) of this section shall also contain a petition for involuntary commitment pursuant to Title 41, Chapter 31, Mississippi Code of 1972. If the application for emergency involuntary commitment is accepted under subsection (2) of this section, the chancery judge shall order a hearing on the petition for commitment pursuant to Title 41, Chapter 31, Mississippi Code of 1972, to be held on the fifth day of such involuntary emergency commitment, the provisions of Section 41-31-5 regarding the time of hearing to the contrary notwithstanding; provided, however, that at the time of such involuntary commitment the alleged alcoholic or drug addict shall be served with a citation to appear at said hearing and shall have an opportunity to be represented by counsel.
SECTION 5. This act shall take effect and be in force from and after July 1, 2015.