Bill Text: MS SB2102 | 2015 | Regular Session | Comm Sub
Bill Title: Civil commitment; include nurse practitioners as authorized evaluators.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2015-02-12 - Died On Calendar [SB2102 Detail]
Download: Mississippi-2015-SB2102-Comm_Sub.html
MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Public Health and Welfare
By: Senator(s) Burton
Senate Bill 2102
(COMMITTEE SUBSTITUTE)
AN ACT TO AMEND SECTIONS 41-21-67, 41-21-69, 41-21-71, 41-21-77, 41-21-79, 41-21-103, 41-30-27 AND 41-31-5, MISSISSIPPI CODE OF 1972, TO EXPAND THE TYPES OF PROFESSIONALS WHO ARE AUTHORIZED TO CONDUCT SCREENINGS, EXAMINATIONS AND EVALUATIONS IN COMMITMENT PROCEEDINGS TO INCLUDE LICENSED CERTIFIED SOCIAL WORKERS AND LICENSED PROFESSIONAL COUNSELORS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-21-67, Mississippi Code of 1972, is amended as follows:
41-21-67.
(1) Whenever the affidavit provided for in Section 41-21-65 is filed
with the chancery clerk, the clerk, upon direction of the chancellor of the
court, shall issue a writ directed to the sheriff of the proper county to take
into custody the person alleged to be in need of treatment and to bring the
person before the clerk or chancellor, who shall order pre-evaluation screening
and treatment by the appropriate community mental health center established
under Section 41-19-31. The community mental health center will be designated
as the first point of entry for screening and treatment. If the community
mental health center is unavailable, any reputable licensed physician,
psychologist, nurse practitioner * * *, physician assistant, licensed certified social worker, or licensed
professional counselor as allowed in the discretion of the court, may conduct
the pre-evaluation screening and examination as set forth in Section 41-21-69.
The order may provide where the person shall be held before the appearance
before the clerk or chancellor. However, when the affidavit fails to set forth
factual allegations and witnesses sufficient to support the need for treatment,
the chancellor shall refuse to direct issuance of the writ. Reapplication may
be made to the chancellor. If a pauper's affidavit is filed by a guardian for
commitment of the ward of the guardian, the court shall determine if the ward
is a pauper and if the ward is determined to be a pauper, the county of the
residence of the respondent shall bear the costs of commitment, unless funds
for those purposes are made available by the state.
In any county in which a Crisis Intervention Team has been established under the provisions of Sections 41-21-131 through 41-21-143, the clerk, upon the direction of the chancellor, may require that the person be referred to the Crisis Intervention Team for appropriate psychiatric or other medical services before the issuance of the writ.
(2) Upon issuance of the writ, the chancellor shall immediately appoint and summon either:
(a)
Two (2) * * *
licensed physicians; or
(b) Two (2) licensed nurse practitioners; or
(c)
One (1) * * *
licensed physician and * * * one (1) licensed
nurse practitioner, psychologist, * * * physician assistant, licensed certified social worker, or licensed
professional counselor; or
(d) One (1) licensed nurse practitioner and one (1) psychologist, physician assistant, licensed certified social worker, or licensed professional counselor,
to
conduct a physical and mental examination of the person at a place to be
designated by the clerk or chancellor and to report their findings to the clerk
or chancellor. However, any nurse practitioner or physician assistant conducting
the examination shall be independent from, and not under the supervision of,
the other physician conducting the examination. In all counties in which there
is a county health officer, the county health officer, if available, may be one
(1) of the physicians so appointed. * * * The physician(s), * * * nurse practitioner(s), * * * psychologist, physician assistant, licensed certified social worker, or licensed
professional counselor selected shall
be related to that person in any way, nor have any direct or indirect interest
in the estate of that person nor shall any full-time staff of residential
treatment facilities operated directly by the State Department of Mental Health
serve as examiner.
(3) The clerk shall ascertain whether the respondent is represented by an attorney, and if it is determined that the respondent does not have an attorney, the clerk shall immediately notify the chancellor of that fact. If the chancellor determines that the respondent for any reason does not have the services of an attorney, the chancellor shall immediately appoint an attorney for the respondent at the time the examiners are appointed.
(4)
If the chancellor determines that there is probable cause to believe that the
respondent is mentally ill and that there is no reasonable alternative to
detention, the chancellor may order that the respondent be retained as an
emergency patient at any licensed medical facility for evaluation by a
physician, nurse practitioner * * *, physician assistant, licensed certified social worker, or licensed
professional counselor and that a
peace officer transport the respondent to the specified facility. If the
community mental health center serving the county has partnered with Crisis
Intervention Teams under the provisions of Sections 41-21-131 through 41-21-143,
the order may specify that the licensed medical facility be a designated single
point of entry within the county or within an adjacent county served by the
community mental health center. If the person evaluating the respondent finds
that the respondent is mentally ill and in need of treatment, the chancellor
may order that the respondent be retained at the licensed medical facility or
any other available suitable location as the court may so designate pending an
admission hearing. If necessary, the chancellor may order a peace officer or
other person to transport the respondent to that facility or suitable
location. Any respondent so retained may be given such treatment as is
indicated by standard medical practice. However, the respondent shall not be
held in a hospital operated directly by the State Department of Mental Health,
and shall not be held in jail unless the court finds that there is no
reasonable alternative.
(5)
(a) Whenever a licensed physician, nurse practitioner * * *, psychologist, physician assistant,
licensed certified social worker,
or licensed professional counselor
who is certified to complete examinations for the purpose of commitment * * * has reason to believe
that a person poses an immediate substantial likelihood of physical harm to
himself or others or is gravely disabled and unable to care for himself by
virtue of mental illness, as defined in Section 41-21-61(e), then the
physician, * * * or other designated professional, * * *
may hold the person or may admit the person to and treat the person in a
licensed medical facility, without a civil order or warrant for a period not to
exceed seventy-two (72) hours. However, if the seventy-two-hour period begins
or ends when the chancery clerk's office is closed, or within three (3) hours
of closing, and the chancery clerk's office will be continuously closed for a
time that exceeds seventy-two (72) hours, then the seventy-two-hour period is
extended until the end of the next business day that the chancery clerk's
office is open. The person may be held and treated as an emergency patient at
any licensed medical facility, available regional mental health facility, or crisis
intervention center. The physician * * * ,
or other designated professional who holds the person shall certify in
writing the reasons for the need for holding.
If a person is being held and treated in a licensed medical facility, and that person decides to continue treatment by voluntarily signing consent for admission and treatment, the seventy-two-hour hold may be discontinued without filing an affidavit for commitment. Any respondent so held may be given such treatment as indicated by standard medical practice. Persons acting in good faith in connection with the detention and reporting of a person believed to be mentally ill shall incur no liability, civil or criminal, for those acts.
(b) Whenever an individual is held for purposes of receiving treatment as prescribed under paragraph (a) of this subsection, and it is communicated to the mental health professional holding the individual that the individual resides or has visitation rights with a minor child, and if the individual is considered to be a danger to the minor child, the mental health professional shall notify the Department of Human Services prior to discharge if the threat of harm continues to exist, as is required under Section 43-21-353.
This paragraph shall be known and may be cited as the "Andrew Lloyd Law."
SECTION 2. Section 41-21-69, Mississippi Code of 1972, is amended as follows:
41-21-69.
(1) (a) The physician(s), * * * nurse practitioner(s), * * * psychologist, * * * physician assistant, licensed certified social worker, or licensed
professional counselor so appointed
shall immediately make a full inquiry into the condition of the person alleged
to be in need of treatment and shall make a mental examination and physical
evaluation of the person, and shall make a report and certificate of their
findings of all mental and acute physical problems to the clerk of the court.
The report and certificate shall set forth the facts as found by the * * * physician or other designated
professional, and shall state whether or not the examiner is of the opinion
that the proposed patient is suffering a disability defined in Sections 41-21-61
through 41-21-107 and should be committed to a treatment facility. The
statement shall include the reasons for that opinion. The examination may be
based upon a history provided by the patient and the report and certificate of
findings shall include an identification of all mental and physical problems
identified by the examination.
(b)
If the physician(s), * * * nurse practitioner(s),
psychologist, * * * physician assistant, licensed certified social worker, or licensed
professional counselor so appointed
finds: (i) the respondent has mental illness; (ii) the respondent is capable
of surviving safely in the community with available supervision from family,
friends or others; (iii) based on the respondent's treatment history and other
applicable medical or psychiatric indicia, the respondent is in need of
treatment in order to prevent further disability or deterioration that would
result in significant deterioration in the ability to carry out activities of
daily living; and (iv) his or her current mental status or the nature of his or
her illness limits or negates his or her ability to make an informed decision
to seek voluntarily or comply with recommended treatment; the physician * * *
or other designated professional so appointed shall so show on the
examination report and certification and shall recommend outpatient
commitment. The examining physician or other designated professional
shall also show the name, address and telephone number at the proposed
outpatient treatment physician or facility.
(2)
The examinations shall be conducted and concluded within forty-eight (48) hours
after the order for examination and appointment of attorney, and the
certificates of the physician * * * shall be filed with the
clerk of the court within that time, unless the running of that period extends
into nonbusiness hours, in which event the certificate shall be filed at the
beginning of the next business day. However, if the examining physician
or other designated professional is of the opinion that additional time
to complete the examination is necessary, and this fact is communicated to the
chancery clerk or chancellor, the clerk or chancellor shall have authority to
extend the time for completion of the examination and the filing of the
certificate, the extension to be not more than eight (8) hours.
(3) At the beginning of the examination, the respondent shall be told in plain language of the purpose of the examination, the possible consequences of the examination, of his or her right to refuse to answer any questions, and his or her right to have his or her attorney present.
SECTION 3. Section 41-21-71, Mississippi Code of 1972, is amended as follows:
41-21-71. If, as a result
of the examination, the examiners certify that the person is not in need of
treatment, the chancellor or clerk shall dismiss the affidavit without the need
for a further hearing. If the chancellor or chancery clerk finds, based upon
the certificate of the physician(s), * * * nurse
practitioner(s), psychologist, * * * physician * * * assistant, licensed certified social worker, or licensed
professional counselor and any other relevant evidence, that the
respondent is in need of treatment and that certificate is filed with the
chancery clerk within forty-eight (48) hours after the order for examination,
or extension of that time as provided in Section 41-21-69, the clerk
shall immediately set the matter for a hearing. The hearing shall be set
within seven (7) days of the filing of the certificate unless an extension is
requested by the respondent's attorney. In no event shall the hearing be more
than ten (10) days after the filing of the certificate.
SECTION 4. 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. 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 certificate
of the physician(s), * * * nurse practitioner(s),
psychologist, physician assistant, licensed certified social
worker, or licensed professional counselor, 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 5. Section 41-21-79, Mississippi Code of 1972, is amended as follows:
41-21-79. The costs
incidental to the court proceedings including, but not limited to, court costs,
prehearing hospitalization costs, cost of transportation, reasonable
physician's, psychologist's, nurse practitioner's * * *, physician assistant's, licensed
certified social worker's, or licensed professional counselor's fees set by
the court, and reasonable attorney's fees set by the court, shall be paid out
of the funds of the county of residence of the respondent in those instances
where the patient is indigent unless funds for those purposes are made
available by the state. However, if the respondent is not indigent,
those costs shall be taxed against the respondent or his or her estate. The
total amount that may be charged for all of the costs incidental to the court
proceedings shall not exceed Four Hundred Dollars ($400.00).
SECTION 6. Section 41-21-103, Mississippi Code of 1972, is amended as follows:
41-21-103. (1) Unless he or she has a legal guardian or conservator, a married person or a person eighteen (18) years of age or older may be admitted to a treatment facility as a voluntary admittee for treatment, provided that the director deems the person suitable for admission, upon the filing of an application with the director, accompanied by certificates of either:
(a) Two (2) licensed physicians; or
(b) Two (2) licensed nurse practitioners; or
(c) * * * One (1) licensed physician and * * * one
(1) licensed nurse practitioner,
psychologist or * * * physician assistant, licensed
certified social worker, or licensed professional counselor; or
(d) One (1) licensed nurse practitioner and one (1) psychologist, physician assistant, licensed certified social worker, or licensed professional counselor,
who certify that they examined the person within the last five (5) days and that the person is in need of observation, diagnosis and treatment. The director may accept applications from the person seeking admission or any interested person with the applicant's written consent.
(2) A person with an intellectual disability who is under the age of eighteen (18) years and who is not married may be admitted to a treatment facility upon application of his or her parent or legal guardian if the following has occurred:
(a) An investigation by the director that carefully probes the person's social, psychological and developmental background; and
(b) A determination by the director that the person will benefit from care and treatment of his or her disorder at the facility and that services and facilities are available. The reasons for the determination shall be recorded in writing.
(3) A person with an intellectual disability or with mental illness who is married or eighteen (18) years of age or older and who has a legal guardian or conservator may be admitted to a treatment facility upon application of his or her legal guardian or conservator if authorization to make the application has been received from the court having jurisdiction of the guardianship or conservatorship and the following has occurred:
(a) An investigation by the director that carefully probes the person's social, psychological and developmental background; and
(b) A determination by the director that the person will benefit from care and treatment of his or her disorder at the facility and that services and facilities are available. The reasons for the determination shall be recorded in writing.
(4) A person with mental illness who is under the age of fourteen (14) years may be admitted to a treatment facility upon the application of his or her parent or legal guardian if the following has occurred:
(a) An investigation by the director that carefully probes the person's social, psychological and developmental background; and
(b) A determination by the director that the person will benefit from care and treatment of his or her disorder at the facility and that services and facilities are available. The reasons for the determination shall be recorded in writing.
(5) A person with mental illness who is fourteen (14) years of age or older but less than eighteen (18) years of age may be admitted to a treatment facility in the same manner as an adult may be involuntarily committed.
(6) Any voluntary admittee may leave a treatment facility after five (5) days, excluding Saturdays, Sundays and holidays, after he or she gives any member of the treatment facility staff written notice of his or her desire to leave, unless before leaving, the patient withdraws the notice by written withdrawal or unless within those five (5) days a petition and the certificates of either:
(a)
Two (2) * * *
licensed physicians * * *; or
(b) Two (2) licensed nurse practitioners; or
(c)
One (1) * * *
licensed physician and one (1) licensed
nurse practitioner, * * * psychologist,
physician assistant, licensed
certified social worker, or licensed professional counselor; or
(d) One (1) licensed nurse practitioner, psychologist, physician assistant, licensed certified social worker, or licensed professional counselor,
stating that the patient is in need of treatment, are filed with the chancery clerk in the county of the patient's residence or the county in which the treatment facility is located; however, if the admittee is at Mississippi State Hospital at Whitfield, the petition and certificate shall be filed with the chancery clerk in the county of patient's residence or with the Chancery Clerk for the First Judicial District of Hinds County, and the chancellor or clerk shall order a hearing under Sections 41-21-61 through 41-21-107. The patient may continue to be hospitalized pending a final order of the court in the court proceedings.
(7) The written application form for voluntary admission shall contain in large, bold-face type a statement in simple, nontechnical terms that the admittee may not leave for five (5) days, excluding Saturdays, Sundays and holidays, after giving written notice of his or her desire to leave. This right to leave must also be communicated orally to the admittee at the time of his or her admission, and a copy of the application form given to the admittee and to any parent, guardian, relative, attorney or friend who accompanied the patient to the treatment facility.
SECTION 7. Section 41-30-27, Mississippi Code of 1972, is amended as follows:
41-30-27. (1) (a) A person may be admitted to an approved public or private treatment facility for emergency care and treatment upon a decree of the chancery court accepting an application for admission thereto accompanied by the certificate of either:
(i)
Two (2) licensed physicians * * *; or
(ii) Two (2) licensed nurse practitioners; or
(iii) One (1) licensed physician and one (1) licensed nurse practitioner, psychologist, physician assistant, licensed certified social worker, or licensed professional counselor; or
(d) One (1) licensed nurse practitioner and one (1) psychologist, physician assistant, licensed certified social worker, or licensed professional counselor.
The application shall be to
the chancery court of the county of such person's residence and may be made by
any one (1) of the following: Either certifying physician or other
designated professional, the patient's spouse or guardian, any relative of
the patient, or any other person responsible for health, safety or welfare of
all or part of the citizens within said chancery court's territorial jurisdiction.
The application shall state facts to support the need for immediate commitment,
including factual allegations showing that the person to be committed has
threatened, attempted or actually inflicted physical harm upon himself or
another. The certificates of the physician or other designated
professional shall state that they examined the person within two (2) days
of the certificate date and shall set out the facts to support * * * their professional
conclusion that the person is an alcoholic or drug addict who has lost the
power of self-control with respect to the use of alcoholic beverages or habit-forming
drugs and that unless immediately committed he is likely to inflict physical
harm upon himself or others. A hearing on such applications shall be heard by
the chancery court in term time or in vacation, and the hearing shall be held
in the presence of the person sought to be admitted unless he fail or refuse to
attend. Notice of the hearing shall be given to the person sought to be
admitted, as soon as practicable after the examination by the certifying
physicians or other professionals, and the person sought to be
admitted shall have an opportunity to be represented by counsel, and shall be
entitled to have compulsory process for the attendance of witnesses.
(b) For the purpose of this section, the term "drug addict" shall have the meaning ascribed to it by Section 41-31-1(d).
(2) The chancery judge may refuse an application if in his opinion the application and certificate fail to sustain the grounds for commitment. Upon acceptance of the application after hearing thereon and decree sustaining the application by the judge, the person shall be transported to the facility by a peace officer, health officer, the applicant for commitment, the patient's spouse or the patient's guardian. The person shall be retained at the facility that admitted him, or be transferred to any other appropriate treatment resource, until discharged pursuant to subsection (3).
(3) The attending physician shall discharge any person committed pursuant to this section when he determines that the grounds for commitment no longer exist, but no person committed pursuant to this section shall be retained in any facility for more than five (5) days.
(4) The application filed
pursuant to subsection (1) of this section shall also contain a petition for
involuntary commitment pursuant to * * * Chapter 31, Title 41,
Mississippi Code of 1972. If the application for emergency involuntary
commitment is accepted under subsection (2) of this section, the chancery judge
shall order a hearing on the petition for commitment pursuant to * * * Chapter 31, Title 41,
Mississippi Code of 1972, to be held on the fifth day of such involuntary
emergency commitment, the provisions of Section 41-31-5 regarding the time of
hearing to the contrary notwithstanding; provided, however, that at the time of
such involuntary commitment the alleged alcoholic or drug addict shall be
served with a citation to appear at said hearing and shall have an
opportunity to be represented by counsel.
SECTION 8. Section 41-31-5, Mississippi Code of 1972, is amended as follows:
41-31-5. Whenever such a
petition shall be filed the chancellor of said court shall, by order, fix a
time upon a day certain for the hearing thereof, either in termtime or in
vacation, which hearing shall be fixed not less than five (5) days nor more
than twenty (20) days from the filing of said petition. The person alleged to
be an alcoholic or drug addict shall be served with a citation to appear at
said hearing not less than three (3) days prior to the day fixed for said
hearing, and there shall be served with such citation a true and correct copy
of said petition. At the time fixed, the chancellor shall hear evidence on
said petition, with or without the presence of the alleged alcoholic or drug
addict, and all persons interested shall have the right to appear and present
evidence touching upon the truth and correctness of the allegations of said petition.
The said chancellor, in his discretion, may require that the alleged alcoholic
or drug addict be examined by the county health officer or by * * * either:
(a) Two (2) licensed physicians; or
(b) Two (2) licensed nurse practitioners; or
(c) One (1) licensed physician and one (1) licensed nurse practitioner, psychologist, physician assistant, licensed certified social worker, or licensed professional counselor; or
(d) One (1) licensed nurse practitioner and one (1) psychologist, physician assistant, licensed certified social worker, or licensed professional counselor,
as the chancellor may select, and may consider the results of such examination in reaching a decision in said matter. If the alleged alcoholic or drug addict shall admit the truth and correctness of the allegations of said petition, or if the chancellor should find from the evidence that such person is an alcoholic or drug addict, and is in need of detention, care and treatment in an institution, and that the other material allegations of said petition are true, then he shall enter an order so finding, and shall order that such person be remanded and committed to and confined in the proper state institution or in the case of an alcoholic to an approved public or private treatment facility pursuant to the provisions of Chapter 30 of Title 41, Mississippi Code of 1972, for care and treatment for a period of not less than thirty (30) days nor more than ninety (90) days as the necessity of the case may, in his discretion, require. However, when such person shall be so committed, the medical director of the said institution shall be vested with full discretion as to the treatment and discharge of such person, and may discharge and release such person at any time when the condition of such person shall so justify.
SECTION 9. This act shall take effect and be in force from and after July 1, 2015, and shall stand repealed from and after June 30, 2015.
