reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 5 - OTHER NARCOTIC DRUG REGULATIONS (§§ 41-29-301 — 41-29-323) › Section 41-29-317 - Creation of program to assist retailers in reporting suspicious activities related to methamphetamine problem

(1)
The Bureau of Narcotics may develop and maintain a program to inform retailers about the methamphetamine problem in the state and devise procedures and forms for retailers to use in reporting to the Bureau of Narcotics suspicious purchases, thefts or other transactions involving any products under the retailer's control which contain a regulated precursor under the provisions of Section
41-29-313
.
(2)
Reporting by retailers as required by this section shall be voluntary.
(3)
Retailers reporting information to the Bureau of Narcotics in good faith pursuant to this section shall be immune from civil and criminal liability for a violation of Section
41-29-313
.
Laws, 2005, ch. 309, § 2; Laws, 2010, ch. 303, § 3, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 5 - OTHER NARCOTIC DRUG REGULATIONS (§§ 41-29-301 — 41-29-323) › Section 41-29-321 - Opioid antagonist administration training for first responders

The Mississippi State Department of Health shall create and offer training for first responders that meets the following criteria:
(a)
The course content must include:
(i)
The signs and symptoms of an opioid overdose;
(ii)
The protocols and procedures for administration of an opioid antagonist;
(iii)
The signs and symptoms of an adverse reaction to an opioid antagonist;
(iv)
The protocols and procedures to stabilize the patient if an adverse response occurs;
(v)
The procedures for storage, transport and security of the opioid antagonist.
(b)
The method of opioid antagonist administration being taught.
(c)
Training will be overseen by a physician or pharmacist licensed in this state.
(d)
Subject to the oversight required in paragraph (c) of this section, training may be provided by the employer of the first responder.
(e)
First responders trained to possess and administer opioid antagonists must be retrained at least every three (3) years.
Added by Laws, 2017, ch. 346, HB 996, 2, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 5 - OTHER NARCOTIC DRUG REGULATIONS (§§ 41-29-301 — 41-29-323) › Section 41-29-323 - Development and implementation of fentanyl and drug abuse education, prevention and cessation program

The State Department of Mental Health shall develop and implement a comprehensive statewide fentanyl and drug abuse education, prevention and cessation program that is based on scientific data and research that have been shown to be effective at accomplishing the purposes of this section. At a minimum, the program shall include the following components:
(a)
The use of mass media, including paid advertising and other communication tools, to discourage the use of fentanyl and abuse of other drugs and to educate people, especially youth, about the health hazards from the use of fentanyl and abuse of other drugs, which shall be designed to be effective at achieving these goals and shall include, but need not be limited to, television, radio and print advertising, as well as sponsorship, exhibits and other opportunities to raise awareness statewide;
(b)
Materials, curricula and programs that may be used or implemented in schools and other locations to educate youth about fentanyl and other harmful drugs and to discourage the use of fentanyl and abuse of other drugs, including, but not limited to, materials, curricula and programs that involve youth, educate youth about the health hazards from the use of fentanyl and abuse of other drugs, help youth develop skills to refuse fentanyl and other harmful drugs, and demonstrate to youth how to stop using fentanyl and abusing other drugs;
(c)
Local community programs, including, but not limited to, youth-based partnerships that discourage the use of fentanyl and abuse of other drugs and involve community-based organizations in fentanyl and drug abuse education, prevention and cessation programs in their communities;
(d)
Programs to assist and help people to stop using fentanyl and/or abusing other drugs; and
(e)
A surveillance and evaluation system that monitors program accountability and results, produces publicly available reports that review how monies expended for the program are spent, and includes an evaluation of the program's effectiveness in reducing and preventing the use of fentanyl and abuse of other drugs, and annual recommendations for improvements to enhance the program's effectiveness.
Added by Laws, 2023, ch. 361, HB 231,§ 1, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 7 - INTERCEPTION OF WIRE OR ORAL COMMUNICATIONS (§§ 41-29-501 — 41-29-537) › Section 41-29-503 - Admissibility of evidence obtained in violation of this article

The contents of an intercepted wire, oral or other communication and evidence derived from an intercepted wire, oral or other communication may not be received in evidence in any trial, hearing or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States or of this state or a political subdivision of this state if the disclosure of that information would be in violation of this article. The contents of an intercepted wire, oral or other communication and evidence derived from an intercepted communication may be received in a civil trial, hearing or other proceeding only if the civil trial, hearing or other proceeding arises out of a violation of the criminal law of this state.
Laws, 1989, ch. 553, § 2; repealed, Laws, 1989, ch. 553, § 19; enacted, Laws, 1992, ch. 561, § 2; Laws, 1995, ch. 520, § 2; reenacted without change, Laws, 2004, ch. 511, § 2, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 7 - INTERCEPTION OF WIRE OR ORAL COMMUNICATIONS (§§ 41-29-501 — 41-29-537) › Section 41-29-505 - Judicial order authorizing interception of communications

A judge of competent jurisdiction in the circuit court district of the location where the interception of wire, oral or other communications is sought, or a circuit court district contiguous to such circuit court district, may issue an order authorizing interception of wire, oral or other communications only if the prosecutor applying for the order shows probable cause to believe that the interception will provide evidence of the commission of a felony under the Uniform Controlled Substances Law.
Laws, 1989, ch. 553, § 3; repealed, Laws, 1989, ch. 553, § 19; enacted, Laws, 1992, ch. 561, § 3; Laws, 1995, ch. 520, § 3; reenacted without change, Laws, 2004, ch. 511, § 3, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 7 - INTERCEPTION OF WIRE OR ORAL COMMUNICATIONS (§§ 41-29-501 — 41-29-537) › Section 41-29-507 - Bureau of Narcotics only agency authorized to possess, operate, etc. monitoring devices; exceptions

(1)
No person, agency of the state or political subdivision of the state, other than the Bureau of Narcotics, is authorized by this article to own, possess, install, operate or monitor an electronic, mechanical or other device. The Bureau of Narcotics may be assisted by an investigative or law enforcement officer in the operation and monitoring of an interception of wire, oral or other communications, provided that an agent of the Bureau of Narcotics is present at all times.
(2)
The director shall designate, in writing, the agents of the Bureau of Narcotics who are responsible for the possession, installation, operation and monitoring of electronic, mechanical or other devices for the bureau.
Laws, 1989, ch. 553, § 4; repealed, Laws, 1989, ch. 553, § 19; enacted, Laws, 1992, ch. 561, § 4; Laws, 1995, ch. 520, § 4; Laws, 1999, ch. 403, § 1; reenacted without change, Laws, 2004, ch. 511, § 4, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 7 - INTERCEPTION OF WIRE OR ORAL COMMUNICATIONS (§§ 41-29-501 — 41-29-537) › Section 41-29-509 - Procedures for obtaining court order authorizing interception of communication

Prior to submitting a request for an order authorizing interception of wire, oral or other communications to a prosecutor, the director shall receive a written affidavit from one or more agents of the Bureau of Narcotics setting forth the information required by Section
41-29-513(1)
. The director shall submit all information required by Section
41-29-513(1)
to the prosecutor. Upon receipt of the request from the director, the prosecutor shall be authorized to submit an application to a court of competent jurisdiction requesting the court to issue an order authorizing interception of wire, oral or other communications as provided in Section
41-29-515
.
Laws, 1989, ch. 553, § 5; repealed, Laws, 1989, ch. 553, § 19; enacted, Laws, 1992, ch. 561, § 5; Laws, 1995, ch. 520, § 5; reenacted without change, Laws, 2004, ch. 511, § 5, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 7 - INTERCEPTION OF WIRE OR ORAL COMMUNICATIONS (§§ 41-29-501 — 41-29-537) › Section 41-29-511 - Disclosure and use of information obtained from intercepted communication; privileged communications

(1)
An investigative or law enforcement officer who, by any means authorized by this article, obtains knowledge of the contents of a wire, oral or other communication or evidence derived from such communication may disclose the contents or evidence to another investigative or law enforcement officer to the extent that the disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure.
(2)
An investigative or law enforcement officer who, by any means authorized by this article, obtains knowledge of the contents of a wire, oral or other communication or evidence derived from such communication may use the contents or evidence to the extent the use is appropriate to the proper performance of his official duties.
(3)
A person who receives, by any means authorized by this article, information concerning a wire, oral or other communication or evidence derived from a wire, oral or other communication intercepted in accordance with the provisions of this article may disclose the contents of such communication or the evidence derived from such wire, oral or other communication while giving testimony under oath in any proceeding held under the authority of the United States, of this state, or of a political subdivision of this state.
(4)
An otherwise privileged wire, oral or other communication intercepted in accordance with, or in violation of, the provisions of this article does not lose its privileged character, and any evidence derived from such privileged communication against the party to the privileged communication shall be considered privileged also.
(5)
When an investigative or law enforcement officer, while engaged in intercepting wire, oral or other communications in a manner authorized by this article, intercepts wire, oral or other communications relating to offenses other than those specified in the order of authorization, the contents of and evidence derived from the communication may be disclosed or used as provided by subsections (1) and (2) of this section. Such contents and any evidence derived therefrom may be used under subsection (3) of this section when authorized by a judge of competent jurisdiction where the judge finds, upon subsequent application, that the contents were otherwise intercepted in accordance with the provisions of this article. The application shall be made as soon as practicable.
Laws, 1989, ch. 553, § 6; repealed, Laws, 1989, ch. 553, § 19; enacted, Laws, 1992, ch. 561, § 6; Laws, 1995, ch. 520, § 6; reenacted without change, Laws, 2004, ch. 511, § 6, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 7 - INTERCEPTION OF WIRE OR ORAL COMMUNICATIONS (§§ 41-29-501 — 41-29-537) › Section 41-29-517 - Recording of intercepted communications; sealing, custody, and destruction of recordings

(1)
The contents of a wire, oral or other communication intercepted by means authorized by this article shall be recorded on tape, wire or other comparable device. The recording of the contents of a wire, oral or other communication under this subsection shall be done in a way that protects the recording from editing or other alterations.
(2)
Immediately on the expiration of the period of the order and all extensions, if any, the recordings shall be made available to the judge issuing the order and sealed under his directions. Custody of the recordings shall be wherever the judge orders. The recordings may not be destroyed until at least ten (10) years after the date of expiration of the order and the last extension, if any. A recording may be destroyed only by order of the judge of competent jurisdiction who authorized the interception, or his successor.
(3)
Duplicate recordings may be made for use or disclosure pursuant to subsections (1) and (2) of Section
41-29-511
for investigations.
(4)
The presence of the seal required by subsection (2) of this section, or a satisfactory explanation of its absence, shall be a prerequisite for the use or disclosure of the contents of a wire, oral or other communication or evidence derived from the communication under subsection (3) of Section
49-29-511
.
Laws, 1989, ch. 553, § 9; repealed, Laws, 1989, ch. 553, § 19; enacted, Laws, 1992, ch. 561, § 9; Laws, 1995, ch. 520, § 9; reenacted without change, Laws, 2004, ch. 511, § 9, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 7 - INTERCEPTION OF WIRE OR ORAL COMMUNICATIONS (§§ 41-29-501 — 41-29-537) › Section 41-29-519 - Sealing, custody, and destruction of applications and orders

The judge shall seal each application made and order granted under this article. Custody of the applications and orders shall be wherever the judge directs. An application or order may be disclosed only upon a showing of good cause before a judge of competent jurisdiction, and may not be destroyed until at least ten (10) years after the date it is sealed. An application or order may be destroyed only by order of the judge of competent jurisdiction for the administrative judicial district in which it was made or granted.
Laws, 1989, ch. 553, § 10; repealed, Laws, 1989, ch. 553, § 19; enacted, Laws, 1992, ch. 561, § 10; reenacted without change, Laws, 2004, ch. 511, § 10, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 7 - INTERCEPTION OF WIRE OR ORAL COMMUNICATIONS (§§ 41-29-501 — 41-29-537) › Section 41-29-521 - Penalty for violating Section 41-29-517 or 41-29-519

A violation of Section
41-29-517
or
41-29-519
shall be punished as contempt of court.
Laws, 1989, ch. 553, § 11; repealed, Laws, 1989, ch. 553, § 19; enacted, Laws, 1992, ch. 561, § 11; reenacted without change, Laws, 2004, ch. 511, § 11, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 7 - INTERCEPTION OF WIRE OR ORAL COMMUNICATIONS (§§ 41-29-501 — 41-29-537) › Section 41-29-523 - Notice to persons named in order or application; inspection of intercepted communications; postponement of notice

(1)
Within a reasonable time but not later than ninety (90) days after the date an application for an order is denied or after the date an order or the last extension, if any, expires, the judge who granted or denied the application shall cause to be served upon the persons named in the order or the application and any other parties to intercepted communications deemed appropriate by the issuing judge, if any, an inventory, which shall include notice:
(a)
Of the entry of the order or the application;
(b)
Of the date of the entry and the period of authorized interception or the date of denial of the application; and
(c)
That during the authorized period wire, oral or other communications were or were not intercepted.
(2)
The judge, upon motion, may, in his discretion, make available for inspection to any person or persons whose oral communications have been intercepted, or their counsel, any portion of an intercepted communication, application or order that the judge determines is in the interest of justice to disclose to that person.
(3)
Upon an ex parte showing of good cause to the judge, the serving of the inventory required by this section may be postponed, but in no event may any evidence derived from an order under this article be disclosed in any trial until after such inventory has been served.
Laws, 1989, ch. 553, § 12; repealed, Laws, 1989, ch. 553, § 19; enacted, Laws, 1992, ch. 561, § 12; Laws, 1995, ch. 520, § 10; Laws, 1998, ch. 343, § 2; reenacted without change, Laws, 2004, ch. 511, § 12, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 7 - INTERCEPTION OF WIRE OR ORAL COMMUNICATIONS (§§ 41-29-501 — 41-29-537) › Section 41-29-529 - Civil action for violation of this article

(1)
A person whose wire, oral or other communication is intercepted, disclosed or used in violation of this article shall have a civil cause of action against any person who intercepts, discloses or uses or procures another person to intercept, disclose or use the communication, and is entitled to recover from the person:
(a)
Actual damages but not less than liquidated damages computed at a rate of One Hundred Dollars ($100.00) a day for each day of violation or One Thousand Dollars ($1,000.00), whichever is higher;
(b)
Punitive damages; and
(c)
A reasonable attorney's fee and other litigation costs reasonably incurred.
(2)
A good faith reliance on a court order is a complete defense to any civil or criminal action brought under this article.
Laws, 1989, ch. 553, § 15; repealed, Laws, 1989, ch. 553, § 19; enacted, Laws, 1992, ch. 561, § 15; Laws, 1995, ch. 520, § 13; reenacted without change, Laws, 2004, ch. 511, § 15, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 7 - INTERCEPTION OF WIRE OR ORAL COMMUNICATIONS (§§ 41-29-501 — 41-29-537) › Section 41-29-531 - Exceptions to civil liability for violation of this article

This article shall not apply to:
(a)
An operator of a switchboard, or an officer, employee or agent of a communication common carrier whose facilities are used in the transmission of a wire communication, intercepts a communication, or who discloses or uses an intercepted communication in the normal course of employment while engaged in an activity that is a necessary incident to the rendition of service or to the protection of the rights or property of the carrier of the communication;
(b)
An officer, employee or agent of a communication common carrier who employs or uses any equipment or device which may be attached to any telephonic equipment of any subscriber which permits the interception and recording of any telephonic communications solely for the purposes of business service improvements;
(c)
An officer, employee or agent of a communication common carrier who provides information, facilities or technical assistance to an investigative or law enforcement officer who is authorized as provided by this article to intercept a wire, oral or other communication;
(d)
A person acting under color of law who intercepts a wire, oral or other communication if the person is a party to the communication, or if one (1) of the parties to the communication has given prior consent to the interception; or
(e)
A person not acting under color of law who intercepts a wire, oral or other communication if the person is a party to the communication, or if one (1) of the parties to the communication has given prior consent to the interception unless the communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of this state, or for the purpose of committing any other injurious act.
Laws, 1989, ch. 553, § 16; repealed, Laws, 1989, ch. 553, § 19; enacted, Laws, 1992, ch. 561, § 16; Laws, 1995, ch. 520, § 14; Laws, 1999, ch. 403, § 2; reenacted without change, Laws, 2004, ch. 511, § 16, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 7 - INTERCEPTION OF WIRE OR ORAL COMMUNICATIONS (§§ 41-29-501 — 41-29-537) › Section 41-29-533 - Penalties for violations of this article

(1)
Any person who knowingly and intentionally possesses, installs, operates or monitors an electronic, mechanical or other device in violation of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be sentenced to not more than one (1) year in the county jail or fined not more than Ten Thousand Dollars ($10,000.00), or both.
(2)
Any person who violates the provisions of Section
41-29-511
shall be guilty of a felony and, upon conviction thereof, shall be sentenced to not more than five (5) years in the State Penitentiary and fined not more than Ten Thousand Dollars ($10,000.00).
Laws, 1989, ch. 553, § 17; repealed, Laws, 1989, ch. 553, § 19; enacted, Laws, 1992, ch. 561, § 17; Laws, 1995, ch. 520, § 15; reenacted without change, Laws, 2004, ch. 511, § 17, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 7 - INTERCEPTION OF WIRE OR ORAL COMMUNICATIONS (§§ 41-29-501 — 41-29-537) › Section 41-29-535 - Applicability of article

This article shall not apply to a person who is a subscriber to a telephone operated by a communication common carrier and who intercepts a communication on a telephone to which he subscribes. This article shall not apply to persons who are members of the household of the subscriber who intercept communications on a telephone in the home of the subscriber.
Laws, 1989, ch. 553, § 18; repealed, Laws, 1989, ch. 553, § 19; enacted, Laws, 1992, ch. 561, § 18; reenacted without change, Laws, 2004, ch. 511, § 18, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 7 - INTERCEPTION OF WIRE OR ORAL COMMUNICATIONS (§§ 41-29-501 — 41-29-537) › Section 41-29-536 - Motions for communication records to aid in investigations of violations of the Uniform Controlled Substances Law

(1)
Attorneys for the Bureau of Narcotics may file a motion with a circuit court judge of the circuit court district in which the subscriber, instrument or other device exists, for communication records which will be material to an ongoing investigation of a felony violation of the Uniform Controlled Substances Law.
(2)
The motion shall be made in writing, under oath, and shall include the name of the subscriber, the number or numbers, and the location of the instrument or other device, if known and applicable. The motion shall be accompanied by an affidavit from an agent of the Bureau of Narcotics which sets forth facts which the court shall consider in determining that probable cause exists to believe that the information sought will be material to an ongoing felony violation of the Uniform Controlled Substances Law.
(3)
Upon consideration of the motion and the determination that probable cause exists, the circuit court judge may order a communications common carrier as defined by 47 USCS 153(h) or a provider of communication services to provide the Bureau of Narcotics with communication billing records, call records, subscriber information, or other communication record information. The communications common carrier or the provider of communication services shall be entitled to compensation at the prevailing rates from the Bureau of Narcotics.
(4)
The circuit court judge shall seal each order issued pursuant to this section. The contents of a motion, affidavit and order may not be disclosed except in the course of a judicial proceeding. Any unauthorized disclosure of a sealed order, motion or affidavit shall be punishable as contempt of court.
Laws, 1995, ch. 520, § 18; Laws, 1998, ch. 343, § 3; reenacted without change, Laws, 2004, ch. 511, § 19, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 7 - INTERCEPTION OF WIRE OR ORAL COMMUNICATIONS (§§ 41-29-501 — 41-29-537) › Section 41-29-537 - [Repealed]

Repealed by Laws, 2006, ch. 379, § 1, eff. 3/13/2006, and by Laws, 2006, ch. 469, § 1, eff. 7/1/2006.
Laws, 1995, ch. 520, § 18; Laws, 1998, ch. 343, § 3; reenacted without change, Laws, 2004, ch. 511, § 19, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 30 - ALCOHOLISM AND ALCOHOL ABUSE PREVENTION, CONTROL AND TREATMENT (§§ 41-30-1 — 41-30-39) › Section 41-30-1 - Title

This chapter shall be cited as the "Comprehensive Alcoholism and Alcohol Abuse Prevention, Control and Treatment Act of 1974."
Laws, 1974, ch. 562, § 1, eff. 7/1/1974.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 30 - ALCOHOLISM AND ALCOHOL ABUSE PREVENTION, CONTROL AND TREATMENT (§§ 41-30-1 — 41-30-39) › Section 41-30-3 - Definitions

For purposes of this chapter, the following words shall have the definition ascribed herein unless the context otherwise requires:
(a)
"Board" shall mean the Mississippi State Board of Health, or in the event the 1974 Regular Session shall enact House Bill 411 and thereby, upon approval by the Governor, create a Board of Mental Health, the term "board" shall then mean such Board of Mental Health.
(b)
"Division" shall mean the Bureau of Alcohol and Drug Services.
(c)
"Director" shall mean the Director of the Bureau of Alcohol and Drug Services.
(d)
"Consortium" shall mean the University Consortium on Alcohol Abuse and Alcoholism.
(e)
"State hospitals" shall mean the Mississippi State Hospital at Whitfield and the East Mississippi State Hospital at Meridian.
(f)
"Alcoholic" shall mean any person who chronically and habitually uses alcoholic beverages to the extent that he has lost the power of self-control with respect to the use of such beverages, or any person who, while chronically under the influence of alcoholic beverages, endangers public morals, health, safety or welfare.
(g)
"Certified private treatment facility" shall mean any private facility, service or program approved by the division providing treatment or rehabilitation services for alcoholics and drug addicts, including, but not limited to, detoxication centers, licensed hospitals, community or regional mental health facilities, clinics or programs, halfway houses, and rehabilitation centers.
(h)
"Certified public treatment facility" shall mean any center, facility, service or program approved by the division owned and operated or sponsored and operated by any federal, state or local governmental entity and which provides treatment and rehabilitation services for alcoholics or drug addicts.
(i)
"Intoxicated person" shall mean a person whose mental or physical functioning is substantially impaired as a result of the use of alcohol or drugs.
(j)
"Drug addict" and "drug addiction" shall have the meanings as defined in Section
41-31-1
.
Laws, 1974, ch. 562, § 2, eff. 7/1/1974.
Amended by Laws, 2017, ch. 404, HB 1330, 2, eff. 7/1/2017.
Amended by Laws, 2016, ch. 449, HB 1375, 2, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 30 - ALCOHOLISM AND ALCOHOL ABUSE PREVENTION, CONTROL AND TREATMENT (§§ 41-30-1 — 41-30-39) › Section 41-30-5 - Division of alcohol and drug misuse; qualifications of director

There is hereby created a division of alcohol and drug misuse within the Mississippi State Board of Health or, if the 1974 Regular Session shall enact House Bill 411 and thereby, upon approval by the governor, create a board of mental health or department of mental health, then the division shall be created in such board or department of mental health which shall have as its chief administrative officer the director of the division of alcohol and drug misuse. The director shall be selected by the executive officer of the board and shall receive such compensation as established by the board. The director shall have an advanced academic degree along with experience and training in an area of study providing knowledge of medical-social problems including alcoholism or the organization or administration of treatment services for persons suffering from medical-social problems including alcoholism.
Laws, 1974, ch. 562, § 3, eff. 7/1/1974.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 30 - ALCOHOLISM AND ALCOHOL ABUSE PREVENTION, CONTROL AND TREATMENT (§§ 41-30-1 — 41-30-39) › Section 41-30-9 - Statewide plan; services and facilities to be included

(1)
The division shall establish a comprehensive statewide plan for the identification of alcohol abuse and treatment and rehabilitation of alcoholics and intoxicated persons. The statewide plan shall include a variety of treatment methods, and shall provide or arrange for a variety of approved treatment facilities so that the needs of persons suffering from alcoholism, and of persons who are intoxicated and in need of emergency medical aid, may be fully met.
(2)
The division in implementing the statewide plan shall utilize to the fullest extent possible the facilities of regional or community mental health facilities presently existing or to be established hereafter along with any facility or program of a county, municipality or private organization. The division shall coordinate implementation of its statewide plan with existing or planned programs of regional and local public and private organizations.
(3)
The statewide plan of the division shall include, but need not be limited to, the following public or private treatment services and facilities:
(a)
Emergency medical-social services and facilities to render emergency medical care including detoxication and emergency social services. Such facilities and services shall provide for the immediate physical and social needs including the needs for medication and shelter of intoxicated persons, and shall also provide for initial examination, diagnosis and referral. Each such facility or service shall be affiliated with or constitute a part of the general medical service of a licensed hospital or other medical facility, but need not be physically a part of such hospital or facility.
(b)
Out-patient facilities, including but not limited to clinics, vocational rehabilitation services and community mental health facilities.
(c)
Intermediate care services, including but not limited to partial hospitalization and supportive residential facilities such as halfway houses, nursing homes, nursing care facilities and community mental health facilities. The intermediate care facilities may be operated by or may be jointly operated with state or local, public or private agencies approved by the division.
(d)
In-patient short term or extended care facilities for diagnostic study, intensive study, treatment and rehabilitation of alcoholics, which may be part of public or private licensed hospitals, mental hospitals or community mental health facilities, and may be provided to inmates of any correctional facility.
(e)
After-care services for patients.
Laws, 1974, ch. 562, § 5(1-3), eff. 7/1/1974.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 30 - ALCOHOLISM AND ALCOHOL ABUSE PREVENTION, CONTROL AND TREATMENT (§§ 41-30-1 — 41-30-39) › Section 41-30-11 - Statewide plan; use of local and private facilities; acceptance and expenditures of gifts, grants, etc

The division, subject to applicable provisions of law, may arrange for the use of local and private treatment facilities on a cooperative basis by contractual, cost-sharing, or other method of joint or shared support whenever the director, subject to the policies of the board, considers this to be the most effective and economical course to follow. Authority is granted to the division to accept, receive, administer and expend any moneys or materials, gifts or grants from whatever source, and to contract for services with or make grants to any governmental units, agencies or departments, federal, state or local, and any treatment resource having available approved treatment, rehabilitation or educational services relating to alcoholism, but this chapter shall not affect the right of any institution under the jurisdiction of the board of trustees of mental institutions to apply for, receive or expend federal funds.
Laws, 1974, ch. 562, § 5(4), eff. 7/1/1974.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 30 - ALCOHOLISM AND ALCOHOL ABUSE PREVENTION, CONTROL AND TREATMENT (§§ 41-30-1 — 41-30-39) › Section 41-30-13 - Statewide plan; approval or certification of facilities

The division shall approve or certify all private and public treatment facilities as an approved facility under the statewide plan before such facility shall be eligible to receive any funds to which it may be entitled under the provisions of this chapter. Such approved status shall be valid for one (1) calendar year, and each facility shall apply for a renewal of its approved status within thirty (30) days before the date of expiration of the approved status.
Laws, 1974, ch. 562, § 5(5), eff. 7/1/1974.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 30 - ALCOHOLISM AND ALCOHOL ABUSE PREVENTION, CONTROL AND TREATMENT (§§ 41-30-1 — 41-30-39) › Section 41-30-15 - Rules and regulations

The division shall adopt, amend, promulgate and enforce such rules and regulations as may be deemed necessary to carry out the purposes of this chapter, including those criteria for approved facilities.
Laws, 1974, ch. 562, § 6(1), eff. 7/1/1974.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 30 - ALCOHOLISM AND ALCOHOL ABUSE PREVENTION, CONTROL AND TREATMENT (§§ 41-30-1 — 41-30-39) › Section 41-30-17 - Inspections

The division shall periodically inspect all approved facilities at reasonable times and in a reasonable manner.
Laws, 1974, ch. 562, § 6(2), eff. 7/1/1974.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 30 - ALCOHOLISM AND ALCOHOL ABUSE PREVENTION, CONTROL AND TREATMENT (§§ 41-30-1 — 41-30-39) › Section 41-30-19 - Treatment of public intoxicated offenders in lieu of execution of sentence

The judge of any court, before whom appears an individual charged with a second or subsequent offense of public intoxication, may, upon a plea of guilty or conviction suspend execution of sentence and require the offender to participate in and complete a prescribed course of alcohol abuse treatment and rehabilitation. The judge shall consult with the division to determine the course of treatment best suited to the needs of the convicted person. The convicted person while participating in the course of treatment shall not be considered committed, civilly or criminally, as otherwise provided by law for commitment to any institution; provided that no judge may require in-patient care for a period in excess of ninety (90) days. Upon completion of the course of treatment prescribed by the judge, the sentence shall not be executed. The convicted person, if financially able, shall be responsible for defraying any cost of the prescribed course of treatment.
Laws, 1974, ch. 562, § 7, eff. 7/1/1974.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 30 - ALCOHOLISM AND ALCOHOL ABUSE PREVENTION, CONTROL AND TREATMENT (§§ 41-30-1 — 41-30-39) › Section 41-30-21 - Voluntary submission to treatment for alcoholism or drug dependency; application

Any person may voluntarily apply for treatment for alcoholism, drug addiction, substance dependency or drug dependency, directly to any approved public or private treatment facility. If the patient is a minor or an incompetent, the application for voluntary inpatient, intermediate, or outpatient treatment, and the request for discharge from an inpatient institution, shall be made by his parent, legal guardian, or other representative.
Laws, 1974, ch. 562, § 8(1), eff. 7/1/1974.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 30 - ALCOHOLISM AND ALCOHOL ABUSE PREVENTION, CONTROL AND TREATMENT (§§ 41-30-1 — 41-30-39) › Section 41-30-23 - Voluntary submission to treatment; admission and duration of in-patient treatment

The administrator in charge of any approved public or private in-patient, out-patient, or intermediate facility, subject to the rules and regulations established by the division, may determine who shall be admitted for treatment; provided no person shall be retained by the treatment facility upon voluntary commitment on an in-patient basis for a period in excess of thirty (30) days.
Laws, 1974, ch. 562, § 8(2), eff. 7/1/1974.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 30 - ALCOHOLISM AND ALCOHOL ABUSE PREVENTION, CONTROL AND TREATMENT (§§ 41-30-1 — 41-30-39) › Section 41-30-25 - After-care treatment and assistance

Upon his or her discharge from, or upon leaving, an approved public or private treatment facility, a patient who was receiving treatment for alcoholism or for drug addiction or dependency shall be encouraged to consent to appropriate outpatient, intermediate care, or other after-care treatment. If it appears to the administrator in charge of the treatment facility, upon the advice of the attending physician, that the patient is an alcoholic or drug addict who requires such help, the division shall make a reasonable effort to arrange for assistance in obtaining supportive services and residential facilities for the patient, such as maintenance in a hotel or halfway house operated by the division or by any other public or private agency.
Laws, 1974, ch. 562, § 8(3), eff. 7/1/1974.
Amended by Laws, 2016, ch. 449, HB 1375, 1, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 30 - ALCOHOLISM AND ALCOHOL ABUSE PREVENTION, CONTROL AND TREATMENT (§§ 41-30-1 — 41-30-39) › Section 41-30-29 - Supplemental nature of provisions for emergency involuntary commitment

The provisions of subsections (3) and (4) of Section
41-30-27
shall be supplemental and in addition to the provisions of Title 41, Chapter 31, Mississippi Code of 1972, which pertain to commitment of alcoholics.
Laws, 1974, ch. 562, § 10(1), eff. 7/1/1974.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 30 - ALCOHOLISM AND ALCOHOL ABUSE PREVENTION, CONTROL AND TREATMENT (§§ 41-30-1 — 41-30-39) › Section 41-30-31 - Involuntary commitment exceeding five days

Involuntary commitment of an individual to an approved public or private treatment facility for treatment or rehabilitation for a period in excess of five (5) days shall be according to the provisions of Title 41, Chapter 31, Mississippi Code of 1972.
Laws, 1974, ch. 562, § 10(2), eff. 7/1/1974.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 30 - ALCOHOLISM AND ALCOHOL ABUSE PREVENTION, CONTROL AND TREATMENT (§§ 41-30-1 — 41-30-39) › Section 41-30-33 - Confidentiality of records; conditions for disclosure

(1)
The registration and other records of services by approved treatment facilities, whether in-patient, intermediate or out-patient, authorized by this chapter, shall remain confidential, and information which has been entered in the records shall be considered privileged information.
(2)
No part of the records shall be disclosed without the consent of the person to whom it pertains, but appropriate disclosure may be made without such consent to treatment personnel for use in connection with his treatment and to counsel representing the person in any proceeding held pursuant to Title 41, Chapter 31, Mississippi Code of 1972. Disclosure may also be made without consent upon court order for purposes unrelated to treatment after application showing good cause therefor. In determining whether there is good cause for disclosure, the court shall weigh the need for the information to be disclosed against the possible harm of disclosure to the person to whom such information pertains.
(3)
The Mississippi State Asylum Records shall be exempt from the requirements of this section, provided that such records relating to any person who has not been deceased for at least fifty (50) years shall not be exempt.
Laws, 1974, ch. 562, § 11, eff. 7/1/1974.
Amended by Laws, 2023, ch. 337, SB 2797,§ 5, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 30 - ALCOHOLISM AND ALCOHOL ABUSE PREVENTION, CONTROL AND TREATMENT (§§ 41-30-1 — 41-30-39) › Section 41-30-35 - Charge against person treated and his estate

Reasonable charges and expenses for the care, maintenance and treatment of alcoholics in any approved public treatment facility under any provision of this chapter shall be a lawful charge against the person and estate of said alcoholic.
Laws, 1974, ch. 562, § 12(1), eff. 7/1/1974.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 30 - ALCOHOLISM AND ALCOHOL ABUSE PREVENTION, CONTROL AND TREATMENT (§§ 41-30-1 — 41-30-39) › Section 41-30-37 - Right of private facility to payment for services

Notwithstanding anything to the contrary in this chapter, no approved private treatment facility, whether an out-patient or an in-patient unit, shall be required to accept any person for treatment through commitment proceedings or otherwise, unless adequate arrangements for payment of the cost of such services are made, whether paid by the patient or by the state.
Laws, 1974, ch. 562, § 12(2), eff. 7/1/1974.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 30 - ALCOHOLISM AND ALCOHOL ABUSE PREVENTION, CONTROL AND TREATMENT (§§ 41-30-1 — 41-30-39) › Section 41-30-39 - [Repealed]

Laws, 1974, ch. 562, § 13, eff. 7/1/1974.
Repealed by Laws, 2017, ch. 402, SB 2572, 4, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 31 - COMMITMENT OF ALCOHOLICS AND DRUG ADDICTS FOR TREATMENT (§§ 41-31-1 — 41-31-23) › Section 41-31-1 - Definitions

As used in this chapter, the following words and phrases shall have the meanings ascribed to them, unless the context requires a different meaning:
(a)
"Alcoholic" means any person who chronically and habitually uses alcoholic beverages to the extent that he has lost the power of self-control with respect to the use of such beverages, or any person who, while chronically under the influence of alcoholic beverages, endangers public morals, health, safety or welfare.
(b)
"Alcoholic beverage" means alcoholic spirits, liquors, wines, beer, and every liquid or fluid, patented or not, containing alcoholic spirits, wine or beer, which is capable of being consumed by human beings and produces or results in intoxication in any form or degree.
(c)
"Alcoholism" means any condition of abnormal behavior or illness resulting directly or indirectly from the chronic and habitual use of alcoholic beverages.
(d)
"Drug addict" means any person who chronically and habitually uses any form of habit-forming drugs, such as opioids, opiates and the derivatives thereof, barbiturates, and every tablet, powder, substance, liquid or fluid, patented or not, containing habit-forming drugs if same is capable of being used by human beings and produces drug addiction in any form or degree.
(e)
"Drug addiction" means any condition of abnormal behavior or illness resulting directly or indirectly from the chronic and habitual use of habit-forming drugs.
(f)
"Hospital" or "institution" means either the Mississippi State Hospital, at Whitfield, Mississippi, or the East Mississippi State Hospital, at Meridian, Mississippi, and shall include the grounds thereof and the facilities used for the treatment of alcoholics and the drug addicts.
(g)
"Medical director" means the physician in charge of:
(i)
Mississippi State Hospital, or
(ii)
East Mississippi State Hospital, as the case may be.
Codes, 1942, § 436-01; Laws, 1950, ch. 349, § 1.
Amended by Laws, 2019, ch. 468, SB 2328,§ 12, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 31 - COMMITMENT OF ALCOHOLICS AND DRUG ADDICTS FOR TREATMENT (§§ 41-31-1 — 41-31-23) › Section 41-31-7 - Appeals

Any person who shall be ordered to be committed to an institution as provided in this chapter, and who shall feel aggrieved at such decision, may appeal therefrom to the supreme court of this state by giving notice thereof in the manner provided by law and by furnishing a good and sufficient bond in an amount to be fixed by the chancellor, and to be approved by the clerk of said court, which said bond shall be conditioned to pay all costs of the proceedings and the appeal, and that said person will appear to abide the decision of the court on such appeal. On such appeal, the record shall be made and prepared as in other cases, and all of the provisions of the general law shall apply thereto except that it shall be necessary that the proper notice be given and the requisite bond furnished within five (5) days from the date of the final determination of the chancellor.
Codes, 1942, § 436-04; Laws, 1950, ch. 349, § 4.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 31 - COMMITMENT OF ALCOHOLICS AND DRUG ADDICTS FOR TREATMENT (§§ 41-31-1 — 41-31-23) › Section 41-31-9 - Enforcement of orders

The chancellor shall have the power to order the issuance of such writs and other process as may be necessary to enforce his orders in such matters, including writs directed to the sheriff of any proper county to take such person into custody and to deliver him to the director of the proper institution. Such writs and other process shall be issued and executed accordingly.
Codes, 1942, § 436-05; Laws, 1950, ch. 349, § 5.