Bill Text: MS SB3004 | 2010 | Regular Session | Comm Sub
Bill Title: Mental health; modernize terminology used to refer to persons with mental retardation.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2010-04-01 - Approved by Governor [SB3004 Detail]
Download: Mississippi-2010-SB3004-Comm_Sub.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Public Health and Welfare
By: Senator(s) Bryan, Dearing
Senate Bill 3004
(COMMITTEE SUBSTITUTE)
AN ACT TO AMEND SECTION 41-31-1, MISSISSIPPI CODE OF 1972, TO ENACT A DEFINITION OF DUAL DIAGNOSIS; TO AMEND SECTION 41-31-19, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT DUAL-DIAGNOSED PATIENTS MAY RECEIVE MENTAL HEALTH TREATMENT CONTEMPORANEOUSLY WITH SUBSTANCE ABUSE TREATMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-31-1, Mississippi Code of 1972, is amended as follows:
41-31-1. As used in this chapter, the following words and phrases shall have the meaning hereinafter ascribed to them, unless the context requires a different meaning, to wit:
(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 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) "Dual diagnosis" means a patient who is diagnosed with both a mental illness and drug addiction or alcoholism or both.
(g) "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.
(h) "Medical director" means the physician in charge of said Mississippi State Hospital or East Mississippi State Hospital, as the case may be.
SECTION 2. Section 41-31-19, Mississippi Code of 1972, is amended as follows:
41-31-19. (1) The medical director of the hospital may bring commitment proceedings under the provisions of the proper statute in the county wherein the person involved is restrained for commitment to a proper institution * * * if the person is found to be suffering from a mental or nervous condition or affliction such that the person is unable to benefit from any treatment for alcoholism or drug addiction.
(2) A person committed under this chapter or Title 41, Chapter 30, Mississippi Code of 1972, or Title 41, Chapter 32, Mississippi Code of 1972, who has a dual diagnosis shall receive psychiatric or other appropriate mental health treatment for his or her mental illness while under commitment for alcoholism or drug addiction.
(3) A person committed under Title 41, Chapter 21, Mississippi Code of 1972, who has a dual diagnosis and can benefit from treatment for his or her alcoholism or drug addiction, shall receive such appropriate treatment.
(4) Treatment of a person with a dual diagnosis shall not be constrained by Section 41-17-13 and the appropriate setting and treatment plan shall be determined by and supervised by the medical director of the hospital or his or her proper assistant.
(5) When applicable, the written notice required by Section 41-21-81 shall state that the person is being treated for a dual diagnosis and specify the findings that support the need for dual diagnosis treatment.
(6) When obtaining an outpatient commitment for a person with a dual diagnosis following an inpatient course of treatment pursuant to Sections 41-21-61 through 41-21-107, the medical director shall specify a treatment regimen that addresses the dual diagnosis and is individualized for the specific needs of the person.
SECTION 3. This act shall take effect and be in force from and after July 1, 2010.
