MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Public Health and Welfare

By: Representative Frierson

AN ACT TO PROHIBIT ANY MENTAL HEALTH OR MENTAL RETARDATION FACILITY FROM PROVIDING TO ANY INDIVIDUAL OR ENTITY THE NAME OR ADDRESS OF ANY PATIENT IN THE FACILITY OR THE NAME OR ADDRESS OF THE NEXT OF KIN OF ANY SUCH PATIENT, WITHOUT THE EXPRESS, WRITTEN CONSENT OF THE PATIENT'S NEXT OF KIN; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. It is unlawful for any mental health or mental retardation facility or institution under the direction or control of the State Department of Mental Health, or any regional mental health/mental retardation commission, center or facility established under Section 41-19-31 through 41-19-39, to provide to any individual, company, association, organization or any other entity (a) the name or address of any patient being treated in or by the facility, center or institution, without the express, written consent of the patient's next of kin, or (b) the name or address of the next of kin of any patient being treated in or by the facility, center or institution, without the express, written consent of the next of kin whose name or address is involved. For the purposes of paragraph (a) of this section, "next of kin" means any of the following persons related to the patient, in the priority of the order listed: spouse, either parent or any person in loco parentis, any descendant over the age of eighteen (18) years, a guardian, or any related person according to the civil law rule.

SECTION 2. This act shall take effect and be in force from and after July 1, 1997.