Bill Text: MS HB1384 | 2010 | Regular Session | Introduced
Bill Title: Civil commitment; provide for conditional release of patient from treatment facility.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2010-02-02 - Died In Committee [HB1384 Detail]
Download: Mississippi-2010-HB1384-Introduced.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Public Health and Human Services; Judiciary A
By: Representative Currie
House Bill 1384
AN ACT TO AMEND SECTION 41-21-87, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE CONDITIONAL RELEASE OF ANY CIVILLY COMMITTED PATIENT FROM A TREATMENT FACILITY; TO AUTHORIZE THE CHANCERY COURT TO IMMEDIATELY ORDER THE RETURN OF THE PATIENT TO THE FACILITY UPON INFORMATION OF NONCOMPLIANCE WITH ANY OF THE CONDITIONS OF HIS RELEASE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-21-87, Mississippi Code of 1972, is amended as follows:
41-21-87. (1) The director of either the treatment facility where the patient is committed or the treatment facility where the patient resides while awaiting admission to any other treatment facility may discharge any civilly committed patient upon filing his or her certificate of discharge with the clerk of the committing court, certifying that the patient, in his or her judgment, no longer poses a substantial threat of physical harm to himself or others.
(2) When any civilly committed patient is discharged from a treatment facility and the director of a treatment facility specified in subsection (1) of this section is of the opinion that follow-up treatment is necessary for the continuing treatment of the patient, then the director shall impose as a condition of the patient's release that the patient shall submit to continued treatment, the type and length to be determined and administered by the regional mental health center in the county of residence of the patient. The discharging treatment facility shall notify the regional mental health center on the date that the patient is released, and shall furnish the regional mental health center with the terms and conditions of the patient's release, along with the patient's treatment history. A copy of this report, history and conditions of release shall be made a permanent record of the chancery court by sending the copy to the chancery clerk of the respondent's county of residence. The local chancery court shall have the authority to immediately order the return of the patient to the original treatment facility upon an administrative hearing based upon information that the patient has not complied with any of the conditions of his or her release.
(3) A director of a treatment facility specified in subsection (1) of this subsection may return any patient to the custody of the committing court upon providing seven (7) days' notice and upon filing his or her certificate of same as follows:
(a) When, in the judgment of the director, the patient may be treated in a less restrictive environment; * * * however, * * * treatment in such less restrictive environment shall be implemented within seven (7) days after notification of the court; or
(b) When, in the judgment of the director, adequate facilities or treatment are not available at the treatment facility.
(4) No committing court shall enjoin or restrain any director of a treatment facility specified in subsection (1) of this section from discharging a patient under this section whose treating professionals have determined that the patient meets one of the criteria for discharge as outlined in subsection (1) or (3) of this section. The director of the treatment facility where the patient is committed may transfer any civilly committed patient from one facility operated directly by the Department of Mental Health to another as necessary for the welfare of that or other patients. Upon receiving the director's certificate of transfer, the court shall enter an order accordingly.
(5) Within twenty-four (24) hours prior to the release or discharge of any civilly committed patient, other than a temporary pass due to sickness or death in the patient's family, the director shall give or cause to be given notice of such release or discharge to one (1) member of the patient's immediate family, provided the member of the patient's immediate family has signed the consent to release form provided under subsection (5) and has furnished in writing a current address and telephone number, if applicable, to the director for such purpose. The notice to the family member shall include the psychiatric diagnosis of any chronic mental disorder incurred by the civilly committed patient and any medications provided or prescribed to the patient for such conditions.
(6) All providers of service in a treatment facility, whether in a community mental health/retardation center, region or state psychiatric hospital, are authorized and directed to request a consent to release information from all patients which will allow that entity to involve the family in the patient's treatment. Such release form shall be developed by the Department of Mental Health and provided to all treatment facilities, community mental health/retardation centers and state facilities. All such facilities shall request such a release of information upon the date of admission of the patient to the facility or at least by the time the patient is discharged.
SECTION 2. This act shall take effect and be in force from and after July 1, 2010.
