Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 47 - MISSISSIPPI VULNERABLE PERSONS ACT (§§ 43-47-1 — 43-47-41) › Section 43-47-41 - Mississippi Vulnerable Person Abuse Registry; confidentiality of crime and use of certain information; court to notify department of certain criminal convictions; care facilities and members of public may query registry regarding employees, prospective employees or caretakers

(1)
The Department of Public Safety shall establish and maintain a registry, to be known as the Mississippi Vulnerable Person Abuse Registry, containing the name of any individual who has been convicted of the crime of abuse, neglect, or exploitation of a vulnerable person.
(2)
The department shall establish and enforce reasonable rules governing the custody, use, and preservation of the reports and records of abuse, neglect, or exploitation of a vulnerable person used in maintaining the registry.
(3)
The crime for which an individual was convicted under this chapter shall be confidential and shall not be used or disclosed for any purpose other than the following:
(a)
A care facility as required by subsection (6) of this section;
(b)
A member of the public as allowed by subsection (7) of this section; and
(c)
The public for disclosure of the findings and information about a case pursuant to this chapter that resulted in a fatality.
(4)
(a)
A court of competent jurisdiction shall notify the department of any criminal conviction that arises out of a violation of this chapter.
(b)
The department shall adopt rules prescribing the process for notifying the department as required by paragraph (a) of this subsection. The rules shall include a requirement that documentation verifying the conviction be submitted to the department.
(5)
(a)
Upon receiving the notifications described in subsection (4) of this section, the department, in addition to entering the individual's name and address on the Mississippi Vulnerable Person Abuse Registry, shall enter information pertaining to the offense or offenses for which the individual was convicted.
(b)
The individual's information, once entered on the registry, shall remain on the registry even if the individual fulfills the obligations of any criminal sentencing against that individual except as provided in paragraph (c) of this subsection.
(c)
The department shall adopt rules requiring due process that includes notice by certified mail or by personal service for individuals found to have committed acts of abuse, neglect, or exploitation under this chapter. The department shall adopt rules providing a process by which an individual's name and information may be removed from the Mississippi Vulnerable Person Abuse Registry.
(6)
A care facility shall query the Mississippi Vulnerable Person Abuse Registry with regard to an individual who is an employee or prospective employee of the facility to confirm whether the individual has been convicted of a crime of abuse, neglect, or exploitation under this chapter.
(7)
A member of the public may request permission from the department to query the Mississippi Vulnerable Person Abuse Registry regarding hiring a caretaker or a person who will be in a position of trust or authority to a vulnerable person.
(a)
The department shall promulgate rules governing the method of request and access to the Mississippi Vulnerable Person Abuse Registry by a member of the public regarding hiring a caretaker or a person who will be in a position of trust or authority to a vulnerable person. The rules shall require a member of the public requesting access to the registry to declare the purpose for which they are requesting access and to provide their own name and address and the name and address of the vulnerable person in need.
(b)
A member of the public requesting access to query the registry shall only be given access for a limited time as determined by the department.
Added by Laws, 2023, ch. 368, SB 2652,§ 1, eff. 7/1/2023.