2005 Regular Session
To: Public Health and Human Services
By: Representative Holland
AN ACT TO AMEND SECTION 41-21-97, MISSISSIPPI CODE OF 1972, TO DEFINE THE TERM "PSYCHOLOGIST" UNDER THE CIVIL COMMITMENT STATUTES FOR THE PURPOSES OF CONFIDENTIALITY OF TREATMENT FACILITY RECORDS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-21-97, Mississippi Code of 1972, is amended as follows:
41-21-97. The hospital records of and information pertaining to patients at treatment facilities or patients being treated by physicians, psychologists (as defined in Section 73-31-3(e)) or licensed master social workers shall be confidential and shall be released only: (a) upon written authorization of the patient; (b) upon order of a court of competent jurisdiction; (c) when necessary for the continued treatment of a patient; (d) when, in the opinion of the director, release is necessary for the determination of eligibility for benefits, compliance with statutory reporting requirements, or other lawful purpose; or (e) when the patient has communicated to the treating physician, psychologist (as defined in Section 73-31-3(e)) or master social worker an actual threat of physical violence against a clearly identified or reasonably identifiable potential victim or victims, and then the treating physician, psychologist (as defined in Section 73-31-3(e)) or master social worker may communicate the threat only to the potential victim or victims, a law enforcement agency, or the parent or guardian of a minor who is identified as a potential victim.
SECTION 2. This act shall take effect and be in force from and after July 1, 2005.