reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 21 - INDIVIDUALS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY (§§ 41-21-1 — 41-21-253) › PERSONS IN NEED OF MENTAL TREATMENT (§§ 41-21-61 — 41-21-109) › Section 41-21-101 - Admissions and commitments not adjudication of incompetency

No admission or commitment to a treatment facility under Sections
41-21-61
through
41-21-107
or any finding of need for treatment, or any authorization of continued treatment under said sections (a) is an adjudication of legal incompetency, or (b), except as provided in Sections
45-9-101
and
45-9-103
, deprives the person of his right to exercise his civil rights, including, but not limited to, civil service status, the right to vote, rights relating to the granting renewal, forfeiture or denial of a license, permit, privilege or benefit pursuant to any law, or the right to enter into contractual relationships and to manage his property; nor does an admission, hospitalization, finding or authorization of continued hospitalization create any presumption that the person is incompetent.
Laws, 1975, ch. 492, § 7(3); Laws, 1984, ch. 477, § 21, eff. 7/1/1984.
Amended by Laws, 2013, ch. 384, SB 2647, 4, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 21 - INDIVIDUALS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY (§§ 41-21-1 — 41-21-253) › PERSONS IN NEED OF MENTAL TREATMENT (§§ 41-21-61 — 41-21-109) › Section 41-21-104 - Continuing jurisdiction of court over person committed to inpatient or outpatient treatment for one year after treatment completed; recommitment

The court shall have continuing jurisdiction over a person committed to an inpatient or outpatient treatment program under this chapter for one (1) year after completion of the treatment program. During that time, the court, upon affidavit in the same cause of action, may conduct a hearing consistent with this chapter or Title 41, Chapter 31, Mississippi Code of 1972, to determine whether the person needs to be recommitted for further mental health treatment or to determine whether the person is in need of alcohol and drug treatment. Upon a finding by the court that the person is in need of further treatment, the court may commit the person to an appropriate treatment facility. The person subject to commitment must be afforded the due process to which he or she is entitled under Chapters 21 and 31 of Title 41, Mississippi Code of 1972. This section may not be construed so as to conflict with the provisions of Section
41-21-87
.
Added by Laws, 2019, ch. 468, SB 2328,§ 11, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 21 - INDIVIDUALS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY (§§ 41-21-1 — 41-21-253) › PERSONS IN NEED OF MENTAL TREATMENT (§§ 41-21-61 — 41-21-109) › Section 41-21-105 - Civil and criminal immunity

(1)
All persons acting in good faith in connection with the preparation or execution of applications, affidavits, certificates or other documents; apprehension; findings; determinations; opinions of physicians and psychologists; transportation; examination; treatment; emergency treatment; detention or discharge of an individual, under the provisions of Sections
41-21-61
through
41-21-107
, shall incur no liability, civil or criminal, for such acts.
(2)
No civil suit of any kind whatsoever shall be brought or prosecuted against the board, any member thereof, any director or employee for acts committed within the scope of their employment, except for wilful or malicious acts or acts of gross negligence.
Laws, 1975, ch. 492, § 9(1, 2); Laws, 1976, ch. 401, § 6, eff. 7/1/1976.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 21 - INDIVIDUALS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY (§§ 41-21-1 — 41-21-253) › PERSONS IN NEED OF MENTAL TREATMENT (§§ 41-21-61 — 41-21-109) › Section 41-21-107 - Criminal offenses

Any person who conspires unlawfully to cause, or unlawfully causes, any person to be adjudicated in need of treatment or as incompetent or to be detained at, or admitted to, or hospitalized in a treatment facility, or any person who receives or detains any person in need of treatment, contrary to Sections
41-21-61
through
41-21-107
, or any person who maltreats any person in need of treatment, or any person who knowingly aids, abets or assists and encourages any person in need of treatment, to be absent without permission from any treatment facility or custodian in which or by whom such person is lawfully detained, or any person who violates any provision contained in Sections
41-21-61
through
41-21-107
shall be guilty of a misdemeanor and upon conviction be fined not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00), or imprisoned in the county jail not exceeding one (1) year, or both.
Laws, 1975, ch. 492, § 9(3); Laws, 1984, ch. 477, § 24, eff. 7/1/1984.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 21 - INDIVIDUALS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY (§§ 41-21-1 — 41-21-253) › PERSONS IN NEED OF MENTAL TREATMENT (§§ 41-21-61 — 41-21-109) › Section 41-21-109 - Rehabilitation facilities for adolescents with mental illness or with an intellectual disability; establishment

(1)
The purpose of this section is to provide modern and efficient rehabilitation facilities for adolescents with mental illness or with an intellectual disability who have been committed for treatment by a court of competent jurisdiction under Section
41-21-61
et seq.
(2)
The Department of Finance and Administration, acting through the Bureau of Building, Grounds and Real Property Management, using funds from bonds, monies appropriated by the Legislature for those purposes, federal matching or other federal funds, federal grants or other available funds from whatever source, shall provide for by construction, lease, lease-purchase or otherwise and equip the following juvenile rehabilitation facilities under the jurisdiction and responsibility of the Mississippi Department of Mental Health: Construction and equipping of two (2) separate facilities each of which could serve up to fifty (50) adolescents, and each of which will be located at sites approved by the Department of Mental Health that would be specifically designed to serve adolescents who meet commitment criteria as defined by Section
41-21-61
. One (1) fifty-bed facility shall house adolescent offenders with mental illness, and the other facility shall house adolescent offenders with an intellectual disability. Priority admission to these facilities shall be those adolescents who have some involvement in the judicial system. These facilities shall be self-contained and offer a secure but therapeutic environment allowing persons to be habilitated apart from persons who are more vulnerable and who have disabilities that are more disabling. The number of persons admitted to these facilities shall not exceed the number of beds authorized under this section or the number of beds licensed or authorized by the licensure and certification agency, whichever is less.
Those facilities shall be on property owned by the Department of Mental Health, or its successor, at one or more sites selected by the Department of Mental Health on land that is either donated to the state or purchased by the state specifically for the location of those facilities.
(3)
The facility located in Harrison County shall be known as the Specialized Treatment Facility for the Emotionally Disturbed, and the facility located in Brookhaven shall be known as the Mississippi Adolescent Center.
Laws, 1995, ch. 528, § 1; Laws, 2009, ch. 563, § 12; Laws, 2010, ch. 476, § 67, eff. 4/1/2010.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 21 - INDIVIDUALS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY (§§ 41-21-1 — 41-21-253) › CRISIS INTERVENTION TEAMS (§§ 41-21-131 — 41-21-143) › Section 41-21-133 - Establishment of Crisis Intervention Teams

(1)
Any law enforcement agency or community mental health center, as a participating partner, is authorized to establish Crisis Intervention Teams to provide for psychiatric emergency services and triage and referral services for persons who are with substantial likelihood of bodily harm as a more humane alternative to confinement in a jail.
(2)
A Crisis Intervention Team shall have one or more designated hospitals within the specified catchment area that has agreed to serve as a single point of entry and to provide psychiatric emergency services, triage and referral services and other appropriate medical services for persons in custody of a CIT officer or referred by the community mental health center within the specified catchment area.
(3)
Any hospital, as a participating partner and serving as a single point of entry, is authorized 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 for a period of time greater than allowed in a hospital emergency department when, in the opinion of the treating physician, psychiatric nurse practitioner or psychiatric physician assistant, that person likely can be stabilized within seventy-two (72) hours so that continuing treatment can be provided in the local community rather than a crisis intervention center or state psychiatric hospital.
(4)
Two (2) or more governmental entities may jointly provide Crisis Intervention Teams and comprehensive psychiatric emergency services authorized under Sections
41-21-131
through
41-21-143
. For the purpose of addressing unique rural service delivery needs and conditions, the State Department of Mental Health may authorize two (2) or more community mental health centers to collaborate in the development of Crisis Intervention Teams and comprehensive psychiatric emergency services and will facilitate the development of those programs.
Laws, 2010, ch. 548, § 5, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 21 - INDIVIDUALS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY (§§ 41-21-1 — 41-21-253) › CRISIS INTERVENTION TEAMS (§§ 41-21-131 — 41-21-143) › Section 41-21-135 - Oversight of Crisis Intervention Teams by community mental health centers; collaborative agreements among community health center, law enforcement agency and hospital that will serve as single point of entry

(1)
Community mental health centers shall have oversight of Crisis Intervention Teams operating within their service areas. Proposals for Crisis Intervention Teams shall include the necessary collaborative agreements among the 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.
(2)
The collaborative agreements shall specify that the hospital acting as the single point of entry shall accept all persons who are in custody of a CIT officer operating within the catchment area, when custody has been taken because of substantial likelihood of bodily harm, and shall accept all persons with mental illness and persons with impairment caused by drugs or alcohol who are referred by the community mental health center serving the catchment area, when a qualified staff member of the community mental health center has evaluated the person and determined that the person needs acute psychiatric emergency services that are beyond the capability of the community mental health center.
(3)
The director of the community mental health center shall determine if all collaborative agreements address the needs of the proposed Crisis Intervention Team, including generally accepted standards of law enforcement training, before authorizing operation of the plan. Those generally accepted standards for law enforcement training shall be verified by the State Department of Mental Health.
(4)
If the director of the community mental health center has reason to believe that an authorized Crisis Intervention Team is not operating in accordance with the collaborative agreements and within general acceptable guidelines and standards, the director has the authority to review the operation of the Crisis Intervention Team and, if necessary, suspend operation until corrective measures are taken.
(5)
The director of the community mental health center shall establish a process by which complaints from the public regarding the operation of a Crisis Intervention Team may be evaluated and addressed and provide for the inclusion of consumer representatives in that process.
Laws, 2010, ch. 548, § 6, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 21 - INDIVIDUALS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY (§§ 41-21-1 — 41-21-253) › CRISIS INTERVENTION TEAMS (§§ 41-21-131 — 41-21-143) › Section 41-21-137 - Internal operation of single point of entry; appointment of medical director to oversee operation of hospital-based service

(1)
The internal operation of a single point of entry shall be governed by the administration of the hospital and regulated by the State Department of Health, the Joint Commission on Accreditation of Healthcare Organizations and other state and federal agencies that have regulatory authority over hospitals. All collaborative agreements must be in compliance with these governing authorities.
(2)
A hospital operating as a single point of entry for a Crisis Intervention Team shall appoint a medical director to oversee the operation of the hospital-based service. The medical director will assure that the services provided are within the guidelines established by the collaborative agreements.
(3)
Notwithstanding any other provision of law, nothing in Sections
41-21-131
through
41-21-143
shall be interpreted to create an entitlement for any individual to receive psychiatric emergency services at a single point of entry.
Laws, 2010, ch. 548, § 7, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 21 - INDIVIDUALS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY (§§ 41-21-1 — 41-21-253) › CRISIS INTERVENTION TEAMS (§§ 41-21-131 — 41-21-143) › Section 41-21-139 - Determination of need to take person into custody to transport to single point of entry; immunity for persons acting in good faith in connection with detention of certain persons

(1)
If a CIT officer determines that a person is with substantial likelihood of bodily harm, that officer may take the person into custody for the purpose of transporting the person to the designated single point of entry serving the catchment area in which the officer works. The CIT officer shall certify in writing the reasons for taking the person into custody.
(2)
A CIT officer shall have no further legal responsibility or other obligations once a person taken into custody has been transported and received at the single point of entry.
(3)
A CIT officer acting in good faith in connection with the detention of a person believed to be with substantial likelihood of bodily harm shall incur no liability, civil or criminal, for those acts.
(4)
Only CIT officers authorized to operate within a catchment area may bring persons in custody to the single point of entry for that catchment area. Law enforcement officers working outside the designated catchment area are not authorized to transport any person into the catchment area for the purpose of bringing that person to the single point of entry.
(5)
Any person transported by a CIT officer to the single point of entry or any person referred by the community mental health center following guidelines of the collaborative agreements shall be examined by a physician, psychiatric nurse practitioner or psychiatric physician assistant. If the person does not consent to voluntary evaluation and treatment, and the examiner determines that the person is a mentally ill person, as defined in Section
41-21-61(e)
, the examiner shall then determine if that person can be held under the provisions of Section
41-21-67(5)
. All other provisions of Section
41-21-67(5)
shall apply and be extended to include licensed psychiatric nurse practitioners and psychiatric physician assistants employed by the single point of entry, including protection from liability, as provided in this section, when acting in good faith. If the examiner determines that the person is with substantial likelihood of bodily harm because of impairment caused by drugs or alcohol and determines that there is no reasonable, less-restrictive alternative, the person may be held at the single point of entry until the impairment has resolved and the person is no longer with substantial likelihood of bodily harm. Persons acting in good faith in connection with the detention of a person with impairment caused by drugs or alcohol shall incur no liability, civil or criminal, for those acts.
Laws, 2010, ch. 548, § 8, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 21 - INDIVIDUALS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY (§§ 41-21-1 — 41-21-253) › CRISIS INTERVENTION TEAMS (§§ 41-21-131 — 41-21-143) › Section 41-21-140 - Transportation of individual in mental health crisis by law enforcement officer at request of crisis intervention team or mobile crisis response team to health care facility

A law enforcement officer shall transport the person who is in crisis to the appropriate health care facility in the county or outside of the county at the request of the crisis intervention team or mobile crisis response team.
Added by Laws, 2023, ch. 427, § 11, eff. 7/1/2023.
Amended by Laws, 2024, ch. 490, HB 1640,§ 4, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 21 - INDIVIDUALS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY (§§ 41-21-1 — 41-21-253) › CRISIS INTERVENTION TEAMS (§§ 41-21-131 — 41-21-143) › Section 41-21-141 - Implementation of comprehensive psychiatric emergency service; licensure for number of extended observation beds required; final disposition required within 72 hours

(1)
To implement a comprehensive psychiatric emergency service, a single point of entry must request licensure from the State Department of Health for the number of extended observation beds that are required to adequately serve the designated catchment area. A license for the requested beds must be obtained before beginning operation.
(2)
If the State Department of Health determines that a comprehensive psychiatric emergency service can provide for the privacy and safety of all patients receiving services in the hospital, the department may approve the location of one or more of the extended observation beds within another area of the hospital rather than in proximity to the emergency department.
(3)
Each comprehensive psychiatric emergency service shall provide or contract to provide qualified physicians, psychiatric nurse practitioners, psychiatric physician assistants and ancillary personnel necessary to provide services twenty-four (24) hours per day, seven (7) days per week.
(4)
A comprehensive psychiatric emergency service shall have at least one (1) physician, psychiatric nurse practitioner or psychiatric physician assistant, who is a member of the staff of the hospital, on duty and available at all times. However, the medical director of the service may waive this requirement if provisions are made for a physician in the emergency department to assume responsibility and provide initial evaluation and treatment of a person in custody of a CIT officer or referred by the community mental health center and provisions are made for the physician, psychiatric nurse practitioner or psychiatric physician assistant on call for the comprehensive psychiatric emergency service to evaluate the person onsite within thirty (30) minutes of notification that the person has arrived.
(5)
Any person admitted to a comprehensive psychiatric emergency service must have a final disposition within a maximum of seventy-two (72) hours. If a person cannot be stabilized within seventy-two (72) hours, that person shall be transferred from an extended observation bed to a more appropriate inpatient unit.
Laws, 2010, ch. 548, § 9, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 21 - INDIVIDUALS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY (§§ 41-21-1 — 41-21-253) › CRISIS INTERVENTION TEAMS (§§ 41-21-131 — 41-21-143) › Section 41-21-143 - Active encouragement of hospitals and law enforcement agencies to develop Crisis Intervention Teams and comprehensive psychiatric emergency services

(1)
Community mental health center directors shall actively encourage hospitals to develop comprehensive psychiatric emergency services. If a collaborative agreement can be negotiated with a hospital that can provide a comprehensive psychiatric emergency service, that hospital shall be given priority when designating the single point of entry.
(2)
The State Department of Mental Health shall encourage community mental health center directors to actively work with hospitals and law enforcement agencies to develop Crisis Intervention Teams and comprehensive psychiatric emergency services and shall facilitate the development of those programs.
(3)
State colleges and universities that provide classes in criminal justice are encouraged to collaborate with law enforcement agencies to develop training guidelines and standards for CIT officers and to provide educational classes and continuing education programs by which CIT officers can earn continuing education credits.
Laws, 2010, ch. 548, § 10, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 21 - INDIVIDUALS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY (§§ 41-21-1 — 41-21-253) › CRISIS INTERVENTION MENTAL HEALTH FUND (§ 41-21-151) › Section 41-21-151 - Crisis Intervention Mental Health Fund created; purpose; distribution of monies from fund; fund to be a continuing fund; components of fund

There is created in the State Treasury a special interest-bearing fund to be known as the Crisis Intervention Mental Health Fund. The purpose of the fund shall be to provide funding for the seven (7) mental health crisis centers in the state and the Special Treatment Facility located in Harrison County. Monies from the fund derived from assessments under Section
99-19-73
shall be administered and distributed by the State Treasurer upon warrants issued by the Department of Mental Health. The fund shall be a continuing fund, not subject to fiscal-year limitations, and shall consist of:
(a)
monies appropriated by the Legislature for the purposes of funding mental health crisis centers and the Special Treatment Facility;
(b)
the interest accruing to the fund;
(c)
monies received under the provisions of Section
99-19-73
;
(d)
monies received from the federal government; and
(e)
monies received from such other sources as may be provided by law.
Laws, 2004, ch. 543, § 2, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 21 - INDIVIDUALS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY (§§ 41-21-1 — 41-21-253) › SCREENING, TESTING, AND INVESTIGATION BY STATE BOARD OF HEALTH (§§ 41-21-201 — 41-21-205) › Section 41-21-201 - Newborn screening program

(1)
The State Department of Health shall establish, maintain and carry out a comprehensive newborn screening program designed to detect hypothyroidism, phenylketonuria (PKU), hemoglobinopathy, congenital adrenal hyperplasia (CAH), galactosemia, any other conditions listed on the Recommended Uniform Screening Panel (RUSP), and such other conditions as specified by the State Board of Health. The State Board of Health shall ensure that each condition listed on the RUSP is included in the comprehensive newborn screening program within three (3) years after being added to the RUSP and shall adopt any rules and regulations necessary to accomplish the program. If the department does not include a RUSP-listed condition in the comprehensive newborn screening program within three (3) years, the department shall provide a report on the status and reasons for the delay to the House and Senate Public Health Committees once a year after the three-year period.
(2)
The State Board of Health shall determine and specify the conditions that will be included in the comprehensive newborn screening program in addition to those conditions named in subsection (1) of this section and any other conditions listed on the RUSP, upon the advice and recommendations of a genetics advisory committee. The advisory committee shall be appointed by the Executive Director of the State Department of Health, and shall include at least two (2) pediatricians and one (1) consumer representative from a family that has experience with a newborn infant with an abnormal screening test. The State Department of Health shall maintain a list of each of the conditions included in the comprehensive newborn screening program, which shall be made available to physicians and other health care providers who are required to provide for newborn screening testing under Section
41-21-203
.
(3)
The State Department of Health shall develop information materials about newborn screening tests that are available, which may be used by physicians and other health care providers to inform pregnant women and parents.
Laws, 1979, ch. 388, § 1; Laws, 1984, ch. 416, § 1; reenacted, Laws, 1987, ch. 382, § 1; Laws, 1988, ch. 572, § 1; Laws, 2001, ch. 340, § 1; Laws, 2001, ch. 575, § 2; Laws, 2002, ch. 574, § 2, eff. 10/1/2002.
Amended by Laws, 2022, ch. 319, HB 927,§ 1, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 21 - INDIVIDUALS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY (§§ 41-21-1 — 41-21-253) › SCREENING, TESTING, AND INVESTIGATION BY STATE BOARD OF HEALTH (§§ 41-21-201 — 41-21-205) › Section 41-21-203 - Testing of newborn children for certain conditions

(1)
All newborn infants shall be screened by the physician or other health care provider attending the infant, using tests that have been approved by the State Board of Health, to detect those conditions listed in Section
41-21-201
, any other conditions listed on the Recommended Uniform Screening Panel (RUSP), and the other conditions specified by the State Board of Health for the comprehensive newborn screening program. However, no such tests shall be given to any child whose parents object thereto on the grounds that the test conflicts with his religious practices or tenets. The tests provided under the comprehensive newborn screening program shall be evaluated in laboratories located in the United States. The State Department of Health shall follow up all positive tests with the attending physician or other health care provider who notified the department thereof, and with the parents of the newborn child. The services and facilities of the State Department of Health and those of other state boards, departments and agencies cooperating with the State Department of Health in carrying out the comprehensive newborn screening program shall be made available to all newborn infants with abnormal screening tests.
(2)
The State Department of Health shall provide ongoing epidemiologic surveillance of the comprehensive newborn screening program to determine the efficacy and cost effectiveness of screening newborn infants.
Laws, 1979, ch. 388, § 2; Laws, 1984, ch. 416, § 2; reenacted, Laws, 1987, ch. 382, § 2; Laws, 1988, ch. 572, § 2; Laws, 2001, ch. 575, § 1; Laws, 2002, ch. 574, § 3; Laws, 2006, ch. 516, § 19; Laws, 2008, ch. 355, § 2, eff. 3/26/2008.
Amended by Laws, 2022, ch. 319, HB 927,§ 2, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 21 - INDIVIDUALS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY (§§ 41-21-1 — 41-21-253) › HUDSON'S LAW; PROVISION OF CHROMOSOMAL DISORDERS EDUCATIONAL INFORMATION (§§ 41-21-251 — 41-21-253) › Section 41-21-251 - Title

This section and Section
41-21-253
shall be known and may be cited as "Hudson's Law."
Added by Laws, 2021, ch. 375, SB 2746,§ 1, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 21 - INDIVIDUALS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY (§§ 41-21-1 — 41-21-253) › HUDSON'S LAW; PROVISION OF CHROMOSOMAL DISORDERS EDUCATIONAL INFORMATION (§§ 41-21-251 — 41-21-253) › Section 41-21-253 - Legislative findings; "chromosomal disorder" defined; prenatal care, postnatal care and genetic counseling providers required to provide certain information about chromosomal disorders to expectant or new parents

The Legislature finds the following:
(a)
For purposes of this section, the term "chromosomal disorder" means trisomy 13 (otherwise known as Patau syndrome); trisomy 18 (otherwise known as Edwards syndrome); or trisomy 21 (otherwise known as Down syndrome).
(b)
Any facility, physician, health care provider, nurse midwife or genetic counselor who renders prenatal care, postnatal care or genetic counseling, upon receipt of a positive test result from a test for a chromosomal disorder, shall provide the expectant or new parent with information provided by the department under paragraph (c) of this section.
(c)
The Department of Health shall make available to any person who renders prenatal care, postnatal care or genetic counseling of parents who receive a prenatal or postnatal diagnosis of a chromosomal disorder the following:
(i)
Up-to-date, evidence-based written information about a chromosomal disorder that has been reviewed by medical experts and national advocacy organizations for people with intellectual and other developmental disorders. The written information provided shall include physical, developmental, educational and psychosocial outcomes, life expectancy, clinical course, and intellectual and functional development and treatment options; and
(ii)
The contact information regarding first-call programs and support services, including a hotline specific to a chromosomal disorder, resource centers or clearinghouses, national and local organizations, and other education and support programs. The department may also make such available to any other person who has received a positive test for a chromosomal disorder.
(d)
Information provided under this section shall be culturally and linguistically appropriate for women receiving a positive prenatal diagnosis or for the family of a child receiving a postnatal diagnosis of a chromosomal disorder.
Added by Laws, 2021, ch. 375, SB 2746,§ 2, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 22 - HEMOPHILIA (§§ 41-22-1 — 41-22-5) › Section 41-22-1 - Definitions

The words and terms as used in this chapter have the following meanings:
(1)
"State health officer" shall mean the state health officer of the state board of health, or his designated representative.
(2)
"Board" shall mean the state board of health.
(3)
"Hemophilia" shall mean a bleeding tendency resulting from a genetically determined deficiency factor in the blood.
Laws, 1974, ch. 340, § 1, eff. 3/14/1974.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 22 - HEMOPHILIA (§§ 41-22-1 — 41-22-5) › Section 41-22-3 - Program for care and treatment of sufferers

The State Board of Health is authorized to establish a program for the care and treatment of persons suffering from hemophilia. The program shall assist persons who require continuing treatment with blood and blood derivatives to avoid crippling, extensive hospitalization and other effects associated with this bleeding condition, but who are unable to pay for the entire cost of such services on a continuing basis despite the existence of various types of hospital and medical insurance.
Laws, 1974, ch. 340, § 2, eff. 3/12/1974.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 22 - HEMOPHILIA (§§ 41-22-1 — 41-22-5) › Section 41-22-5 - Authority of state board of health

The board is authorized to:
(1)
Develop standards for determining eligibility for care and treatment under this program;
(2)
Assist in the development and expansion of programs for the care and treatment of persons suffering from hemophilia, including self-administration, prevention and home care and other medical and dental procedures and techniques designed to provide maximum control over bleeding episodes typical of this condition;
(3)
Extend financial assistance in order to provide diagnosis of and treatment for persons suffering from hemophilia and other related hemorrhagic disorders in obtaining blood, blood derivatives and concentrates and any other such necessary medical, surgical, dental, hospital, outpatient clinic service, rehabilitation or may participate in the cost of blood processing to the extent that such support will facilitate the supplying of blood, blood derivatives and concentrates and other efficacious agents to patients with hemorrhagic disorders.
(4)
Employ all necessary administrative personnel as may be provided in its budget to carry out the provisions of this chapter; and
(5)
Promulgate all rules and regulations necessary to effectuate the purposes of this chapter.
Laws, 1974, ch. 340, § 3, eff. 3/14/1974.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 23 - CONTAGIOUS AND INFECTIOUS DISEASES; QUARANTINE (§§ 41-23-1 — 41-23-121) › IN GENERAL (§§ 41-23-1 — 41-23-51) › Section 41-23-2 - Penalties for violating health department orders with respect to life-threatening communicable diseases

Any person who shall knowingly and willfully violate the lawful order of the county, district or state health officer where that person is afflicted with a life-threatening communicable disease or the causative agent thereof shall be guilty of a felony and, upon conviction, shall be punished by a fine not exceeding Five Thousand Dollars ($5,000.00) or by imprisonment in the penitentiary for not more than five (5) years, or by both.
Laws, 1988, ch. 557, § 2, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 23 - CONTAGIOUS AND INFECTIOUS DISEASES; QUARANTINE (§§ 41-23-1 — 41-23-121) › IN GENERAL (§§ 41-23-1 — 41-23-51) › Section 41-23-3 - [Repealed]

Repealed by Laws, 1983, ch. 522, § 50, eff. 7/1/1983.
Codes, 1906, § 2499; Hemingway's 1917, § 4848; 1930, § 4885; 1942, § 7041.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 23 - CONTAGIOUS AND INFECTIOUS DISEASES; QUARANTINE (§§ 41-23-1 — 41-23-121) › IN GENERAL (§§ 41-23-1 — 41-23-51) › Section 41-23-5 - Authority of State Department of Health to investigate diseases; authority to temporarily detain individuals for disease control purposes under certain circumstances

The State Department of Health shall have the authority to investigate and control the causes of epidemic, infectious and other disease affecting the public health, including the authority to establish, maintain and enforce isolation and quarantine, and in pursuance thereof, to exercise such physical control over property and individuals as the department may find necessary for the protection of the public health. The State Department of Health is further authorized and empowered to require the temporary detainment of individuals for disease control purposes based upon violation of any order of the State Health Officer. For the purpose of enforcing such orders of the State Health Officer, persons employed by the department as investigators shall have general arrest powers. All law enforcement officers are authorized and directed to assist in the enforcement of such orders of the State Health Officer.
Codes, 1906, § 2500; Hemingway's 1917, § 4849; 1930, § 4886; 1942, § 7042; Laws, 1983, ch. 522, § 4; Laws, 2010, ch. 505, § 12, eff. 5/1/2010. .
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 23 - CONTAGIOUS AND INFECTIOUS DISEASES; QUARANTINE (§§ 41-23-1 — 41-23-121) › IN GENERAL (§§ 41-23-1 — 41-23-51) › Section 41-23-7 - through 41-23-11 - [Repealed]

Repealed by Laws, 1983, ch. 522, § 50, eff. 7/1/1983.
§ 41-23-7. [Codes, 1892, § 2279; 1906, § 2497; Hemingway's 1917, § 4846; 1930, § 4883; 1942, § 7039; Laws, 1898, p. 93] § 41-23-9. [Codes, 1906, § 2493; Hemingway's 1917, § 4842; 1930, § 4879; 1942, § 7035; Laws, 1900, ch. 123] § 41-23-11. [Codes, Hemingway's 1921 Supp. § 4884m; 1930, § 4932; 1942, § 7088; Laws, 1918, ch. 203]
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 23 - CONTAGIOUS AND INFECTIOUS DISEASES; QUARANTINE (§§ 41-23-1 — 41-23-121) › IN GENERAL (§§ 41-23-1 — 41-23-51) › Section 41-23-13 - Suppression of nuisances injurious to public health

The State Board of Health, when informed by a county health officer, or otherwise, of the existence of any matter or thing calculated to produce, aggravate, or cause the spread of any epidemic or contagious disease, or to affect injuriously the health of the public or community, may declare the same a nuisance. When it does so, it shall notify the district attorney, county attorney, municipal attorney, county health officer, municipal health officer or town marshal, of the district where the nuisance exists, who shall forthwith commence proceedings by information in the circuit court to have the same abated. The parties in interest shall have five (5) days' notice of the proceedings, which shall be served as in ordinary suits. Such proceedings may be tried by the judge, in term-time or in vacation, in a summary way, and if the matter be urgent, it shall be tried without delay. However, the parties in interest shall have a jury if they demand it, which the judge shall cause to be summoned, if in vacation, returnable at some early day, to be fixed by him, and the matter shall be tried as other causes by judge and jury. If the matter be found to be a nuisance, the judge shall order the same abated, which order shall be executed by the sheriff or other proper officer, and an appeal shall not be allowed therefrom. This section shall not affect the right which municipalities may have to abate a nuisance, or any common law or equity proceedings for that purpose.
Codes, 1892, § 2277; 1906, § 2495; Hemingway's 1917, § 4844; 1930, § 4881; 1942, § 7037; Laws, 1922, ch. 234.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 23 - CONTAGIOUS AND INFECTIOUS DISEASES; QUARANTINE (§§ 41-23-1 — 41-23-121) › IN GENERAL (§§ 41-23-1 — 41-23-51) › Section 41-23-15 - through 41-23-25 - [Repealed]

Repealed by Laws, 1983, ch 522, § 50, eff. 7/1/1983.
§ 41-23-15. [Codes, 1892, § 2278; 1906, § 2496; Hemingway's 1917, § 4845; 1930, § 4882; 1942, § 7038] § 41-23-17. [Codes, 1906, § 2503; Hemingway's 1917, § 4852; 1930, § 4889; 1942, § 7045] § 41-23-19. [Codes, 1892, § 2280; 1906, § 2504; Hemingway's 1917, § 4853; 1930, § 4890; 1942, § 7046] § 41-23-21. [Codes, 1906, § 2501; Hemingway's 1917, § 4850; 1930, § 4887; 1942, § 7043] § 41-23-23. [Codes, 1906, § 2492; Hemingway's 1917, § 4841; 1930, § 4878; 1942, § 7034; Laws, 1900, ch. 108] § 41-23-25. [Codes, Hemingway's 1921 Supp. § 4884a; 1930, § 4921; 1942, § 7077; Laws, 1918, ch. 194]
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 23 - CONTAGIOUS AND INFECTIOUS DISEASES; QUARANTINE (§§ 41-23-1 — 41-23-121) › IN GENERAL (§§ 41-23-1 — 41-23-51) › Section 41-23-27 - Powers of State Board of Health as to persons afflicted with infectious sexually transmitted disease

The State Board of Health shall have full power to isolate, quarantine or otherwise confine, intern, and treat such person afflicted with such infectious sexually transmitted disease for such time and under such restrictions as may seem proper. Said board shall have full power to pass all such rules and regulations as to the isolation, quarantine, confinement, internment and treatment as may be needful.
Any person knowingly violating any rule or regulation promulgated by the state board of health, under the authority of this section, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by fine or imprisonment or both.
Codes, Hemingway's 1921 Supp. §§ 4884b, 4884d; 1930, §§ 4922, 4924; 1942, §§ 7078, 7080; Laws, 1918, ch. 194; Laws, 1983, ch. 522, § 5, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 23 - CONTAGIOUS AND INFECTIOUS DISEASES; QUARANTINE (§§ 41-23-1 — 41-23-121) › IN GENERAL (§§ 41-23-1 — 41-23-51) › Section 41-23-29 - Inspection and examination of person suspected of being afflicted with infectious sexually transmitted disease

Any person suspected of being afflicted with any such infectious sexually transmitted disease shall be subject to physical examination and inspection by any representative of the state board of health. For failure or refusal to allow such inspection or examination, such person may be punished as for a misdemeanor.
Codes, Hemingway's 1921 Supp. § 4884c; 1930, § 4923; 1942, § 7079; Laws, 1918, ch. 194; Laws, 1983, ch. 522, § 6, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 23 - CONTAGIOUS AND INFECTIOUS DISEASES; QUARANTINE (§§ 41-23-1 — 41-23-121) › IN GENERAL (§§ 41-23-1 — 41-23-51) › Section 41-23-30 - Confidential testing for and treatment of sexually transmitted disease

County health departments shall provide testing for and treatment of sexually transmitted disease. Such testing and/or treatment shall be kept in strict confidence. The county boards of supervisors are directed to make known to the public, through available media, the confidentiality of the testing for and treatment of sexually transmitted disease.
Laws, 1975, ch. 386; Laws, 1983, ch. 522, § 7, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 23 - CONTAGIOUS AND INFECTIOUS DISEASES; QUARANTINE (§§ 41-23-1 — 41-23-121) › IN GENERAL (§§ 41-23-1 — 41-23-51) › Section 41-23-31 - Donations to state board of health

Any town, city or county is hereby authorized to make donations to the state board of health to assist in the enforcement of Sections
41-23-25
through
41-23-29
.
Codes, Hemingway's 1921 Supp. § 4884e; 1930, § 4925; 1942, § 7081; Laws, 1918, ch. 194.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 23 - CONTAGIOUS AND INFECTIOUS DISEASES; QUARANTINE (§§ 41-23-1 — 41-23-121) › IN GENERAL (§§ 41-23-1 — 41-23-51) › Section 41-23-33 - State Board of Health may call upon the federal government

The State Board of Health, with the consent of the governor, when it deems it proper or necessary to do so, may call upon the government of the United States for such financial and medical aid as the necessities created by an epidemic or any other health emergency may require.
Codes, 1906, § 2502; Hemingway's 1917, § 4851; 1930, § 4888; 1942, § 7044; Laws, 1983, ch. 522, § 8, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 23 - CONTAGIOUS AND INFECTIOUS DISEASES; QUARANTINE (§§ 41-23-1 — 41-23-121) › IN GENERAL (§§ 41-23-1 — 41-23-51) › Section 41-23-35 - [Repealed]

Repealed by Laws, 1983, ch. 522, § 50, eff. 7/1/1983.
Codes, 1892, § 2287; 1906, § 2511; Hemingway's 1917, § 4860; 1930, § 4897; 1942, § 7053.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 23 - CONTAGIOUS AND INFECTIOUS DISEASES; QUARANTINE (§§ 41-23-1 — 41-23-121) › IN GENERAL (§§ 41-23-1 — 41-23-51) › Section 41-23-39 - Definitions applicable to Section 41-23-41

The following terms when used in Sections
41-23-39
and
41-23-41
shall have the following meanings ascribed in this section:
(a)
"Emergency medical technician" means a person licensed under Section
41-59-1
et seq. to provide emergency medical services as an emergency medical technician-ambulance, emergency medical technician-advanced, emergency medical technician-paramedic, or emergency medical technician-nurse-paramedic.
(b)
"Fire department" means service groups (paid or volunteer) that are organized and trained for the prevention and control of loss of life and property from fire and/or other emergencies.
(c)
"Firefighter" means an individual who is assigned to fire fighting activity and is required to respond to alarms and perform emergency actions at the location of a fire, hazardous materials or other emergency incident.
(d)
"Infectious disease" means any condition as listed or determined by the State Department of Health that may be transmitted by an infected person.
(e)
"Licensed facility" means hospital, nursing home, medical clinic or dialysis center, as licensed by the state to provide medical care, but shall not include a physician's office.
(f)
"Bystanding caregiver" means any person who is unlicensed or noncertified in providing medical services or emergency medical services, who provides care or services to an injured person at the scene of an emergency before the arrival and rendering of emergency medical services by a licensed or certified emergency medical services provider.
Laws, 1988, ch. 557, § 6, eff. 7/1/1988; Laws, 1998, ch. 316, § 1, eff. 7/1/1998.
Amended by Laws, 2018, ch. 392, HB 1182,§ 2, eff. 7/1/2018.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 23 - CONTAGIOUS AND INFECTIOUS DISEASES; QUARANTINE (§§ 41-23-1 — 41-23-121) › IN GENERAL (§§ 41-23-1 — 41-23-51) › Section 41-23-41 - Emergency service provider notice of exposure to blood or body fluids; licensed facility duties regarding infectious disease

If, in the course of providing emergency services to any person subsequently transported to a licensed facility, an emergency medical technician, fire fighter, bystanding caregiver or other provider of emergency rescue services is exposed by direct contact to the patient's blood or other internal body fluids, the emergency medical technician, fire fighter, bystanding caregiver or the emergency service provider, or his/her employer, shall notify the licensed facility to which the patient is transported of the blood and/or body fluid exposure. If the patient is subsequently diagnosed as having an infectious disease specified by the State Department of Health as being transmissible by blood or other internal body fluids, the licensed facility shall notify the emergency medical technician, fire fighter, bystanding caregiver, emergency service provider, or his/her employer, in such detail and according to the manner prescribed by the State Board of Health in its regulations. The State Board of Health shall adopt appropriate regulations to address the diseases involved.
Laws, 1988, ch. 557, § 7; Laws, 1998, ch. 316, § 2, eff. 7/1/1998.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 23 - CONTAGIOUS AND INFECTIOUS DISEASES; QUARANTINE (§§ 41-23-1 — 41-23-121) › IN GENERAL (§§ 41-23-1 — 41-23-51) › Section 41-23-45 - Department of Health to provide educational material on availability of vaccines for meningitis and hepatitis A and B to public universities and colleges for distribution to students

The State Department of Health shall prepare written educational information on the risks associated with meningitis and hepatitis A and B and the availability and effectiveness of available vaccines for these diseases. The department shall provide this written educational information to the Board of Trustees of State Institutions of Higher Learning and the Mississippi Community College Board to be used to inform students about meningitis and hepatitis A and B. This information shall be sent to students with their letters of acceptance for admission or included in the students' admission packets.
Laws, 2003, ch. 549, § 2, eff. 7/1/2003.
Amended by Laws, 2014, ch. 397, HB 460, 56, eff. 7/1/2014.