Bill Text: MS HB28 | 2015 | Regular Session | Introduced
Bill Title: Commitment proceeding; director of treatment facility shall not unduly withhold admittance to.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2015-02-03 - Died In Committee [HB28 Detail]
Download: Mississippi-2015-HB28-Introduced.html
MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Public Health and Human Services; Judiciary A
By: Representative DeLano
House Bill 28
AN ACT TO AMEND SECTION 41-21-77, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT WHEN ADMISSION IS ORDERED AT A TREATMENT FACILITY IN A CIVIL COMMITMENT PROCEEDING, THE DIRECTOR OF THE FACILITY SHALL NOT UNDULY WITHHOLD ADMITTANCE TO THE FACILITY; TO PROVIDE THAT IF THE DIRECTOR OF THE FACILITY DENIES ADMITTANCE TO THE FACILITY FOR ANY REASON WHATSOEVER, THE DIRECTOR SHALL PROVIDE THE COURT THE REASON FOR DENIAL IN WRITING WITHIN TWENTY-FOUR HOURS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-21-77, Mississippi Code of 1972, is amended as follows:
41-21-77. If admission is ordered at a treatment facility, the sheriff, his or her deputy or any other person appointed or authorized by the court shall immediately deliver the respondent to the director of the appropriate facility. Neither the Board of Mental Health or its members, nor the Department of Mental Health or its related facilities, nor any employee of the Department of Mental Health or its related facilities, shall be appointed, authorized or ordered to deliver the respondent for treatment, and no person shall be so delivered or admitted until the director of the admitting institution determines that facilities and services are available, which shall not be unduly withheld. If the director of the facility denies admittance to the facility for any reason whatsoever, the director shall provide the court the reason for denial in writing within twenty-four (24) hours. Persons who have been ordered committed and are awaiting admission may be given any such treatment in the facility by a licensed physician as is indicated by standard medical practice. Any county facility used for providing housing, maintenance and medical treatment for involuntarily committed persons pending their transportation and admission to a state treatment facility shall be certified by the State Department of Mental Health under the provisions of Section 41-4-7(kk). No person shall be delivered or admitted to any non-Department of Mental Health treatment facility unless the treatment facility is licensed and/or certified to provide the appropriate level of psychiatric care for persons with mental illness. It is the intent of this Legislature that county-owned hospitals work with regional community mental health/intellectual disability centers in providing care to local patients. The clerk shall provide the director of the admitting institution with a certified copy of the court order, a certified copy of the physicians' or the physician's and psychologist's, nurse practitioner's or physician assistant's certificate, a certified copy of the affidavit, and any other information available concerning the physical and mental condition of the respondent. Upon notification from the United States Veterans Administration or other agency of the United States government, that facilities are available and the respondent is eligible for care and treatment in those facilities, the court may enter an order for delivery of the respondent to or retention by the Veterans Administration or other agency of the United States government, and, in those cases the chief officer to whom the respondent is so delivered or by whom he is retained shall, with respect to the respondent, be vested with the same powers as the director of the Mississippi State Hospital at Whitfield, or the East Mississippi State Hospital at Meridian, with respect to retention and discharge of the respondent.
SECTION 2. This act shall take effect and be in force from and after July 1, 2015.
