MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Public Health and Welfare

By: Representative Wells-Smith

AN ACT TO EXEMPT FAITH-BASED CHEMICAL DEPENDENCY TREATMENT PROGRAMS FROM LICENSURE OR CERTIFICATION; TO PROVIDE THAT IN ORDER TO BE EXEMPT UNDER THIS ACT, A CHEMICAL DEPENDENCY TREATMENT PROGRAM MUST BE ONE THAT IS CONDUCTED BY A RELIGIOUS ORGANIZATION, IS EXCLUSIVELY RELIGIOUS, SPIRITUAL, OR ECCLESIASTICAL IN NATURE, DOES NOT TREAT MINORS WITHOUT PARENTAL CONSENT, AND IS REGISTERED WITH THE STATE DEPARTMENT OF HEALTH UNDER THIS ACT; TO PROVIDE THAT EXEMPTED CHEMICAL DEPENDENCY TREATMENT PROGRAMS MAY NOT PROVIDE MEDICAL CARE, MEDICAL DETOXIFICATION, OR MEDICAL WITHDRAWAL SERVICES; TO REQUIRE EXEMPTED CHEMICAL DEPENDENCY PROGRAMS TO INCLUDE CERTAIN REPRESENTATIONS IN ANY ADVERTISING OR LITERATURE THAT PROMOTES OR DESCRIBES THE PROGRAM; TO PROVIDE THAT EXEMPTED CHEMICAL DEPENDENCY PROGRAMS MAY NOT ADMIT ANY PERSON UNLESS THE PERSON SIGNS A CERTAIN STATEMENT OF UNDERSTANDING ABOUT THE NATURE OF THE PROGRAM; TO PROVIDE THAT THE DEPARTMENT OF HEALTH MAY REVOKE THE EXEMPTION OF A FAITH-BASED CHEMICAL DEPENDENCY TREATMENT PROGRAM UNDER CERTAIN CIRCUMSTANCES; TO PROHIBIT STATE AGENCIES FROM DENYING SOCIAL SERVICES TO ANY INDIVIDUAL ON THE BASIS THAT THE INDIVIDUAL IS PARTICIPATING IN A FAITH-BASED CHEMICAL DEPENDENCY TREATMENT PROGRAM; TO PROVIDE THAT EXEMPTED CHEMICAL DEPENDENCY PROGRAMS SHALL NOT BE ELIGIBLE TO COMPETE AGAINST LICENSED PROGRAMS FOR DIRECT FEDERAL OR STATE TREATMENT FUNDING; TO AMEND SECTION 73-30-25, MISSISSIPPI CODE OF 1972, TO EXEMPT FROM THE LICENSED PROFESSIONAL COUNSELORS LAW PERSONS WHO ARE WORKING FOR OR PROVIDING COUNSELING WITH AN EXEMPTED CHEMICAL DEPENDENCY TREATMENT PROGRAM; AND FOR RELATED PURPOSES.

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

SECTION 1. As used in this act:

(a) "Chemical dependency" means:

(i) Abuse of alcohol or a controlled substance;

(ii) Psychological or physical dependence on alcohol or a controlled substance; or

(iii) Addiction to alcohol or a controlled substance.

(b) "Department" means the State Department of Health.

(c) "Religious organization" means a church, synagogue, mosque, or other religious institution:

(i) The purpose of which is the propagation of religious beliefs; and

(ii) That is exempt from federal income tax under Section 501(a) of the Internal Revenue Code of 1986 (26 USCS Section 501(a)) by being listed as an exempt organization under Section 501(c) of that code (26 USCS Section 501(c)).

(d) "Treatment" means a planned, structured, and organized program designed to initiate and promote a person's

chemical-free status or to maintain the person free of illegal

drugs.

(e) "Treatment facility" means:

(i) Public or private hospital;

(ii) A detoxification facility;

(iii) A primary care facility;

(iv) An intensive care facility;

(v) A long-term care facility;

(vi) An outpatient care facility;

(vii) A community mental health center;

(viii) A health maintenance organization;

(ix) A recovery center;

(x) A halfway house;

(xi) An ambulatory care facility; or

(xii) Any other facility that offers or purports to offer treatment.

SECTION 2. (1) A chemical dependency treatment program shall be exempt from licensure by the department and certification by the State Department of Mental Health if the program:

(a) Is conducted by a religious organization;

(b) Is exclusively religious, spiritual, or ecclesiastical in nature;

(c) Does not treat minors without parental consent; and

(d) Is registered under Section 3 of this act.

(2) The department may not prohibit a chemical dependency treatment program exempted under this act from using the term "counseling," "treatment," or "rehabilitation."

SECTION 3. The department shall establish by rule or regulation a simple procedure for a faith-based chemical dependency treatment program to register the program's exemption under Section 2 of this act.

SECTION 4. A chemical dependency treatment program exempted under this act may not provide medical care, medical detoxification, or medical withdrawal services.

SECTION 5. A chemical dependency treatment program exempted under this act shall conspicuously include in any advertisement or literature that promotes or describes the program or the program's chemical dependency treatment services the following statement:

"The treatment and recovery services at (name of program) are exclusively religious in nature and are not subject to licensure or regulation by the State Department of Health or the State Department of Mental Health. This program offers only nonmedical treatment and recovery methods such as prayer, moral guidance, spiritual counseling, and scriptural study."

SECTION 6. (1) A chemical dependency treatment program exempted under this act may not admit a person unless the person signs the following statement on admission:

"DECLARATION:

I understand that:

(1) The treatment and recovery services at (name of program) are exclusively religious in nature and are not subject to licensure or regulation by the State Department of Health or the State Department of Mental Health; and

(2) (Name of program) offers only nonmedical treatment and recovery methods, such as prayer, moral guidance, spiritual counseling, and scriptural study.

Signed _______________ Date _______________"

(2) The chemical dependency treatment program shall:

(a) Keep the original signed statement on file; and

(b) Provide a copy of the signed statement to the person admitted.

SECTION 7. The department may revoke the exemption of a chemical dependency treatment program after notice and hearing if:

(a) The organization conducting the program fails to timely inform the department of any material change in the program's registration information;

(b) Any program advertisement or literature fails to include the statements required by Section 5 of this act; or

(c) The organization violates this act or a rule or regulation of the department adopted under this act.

SECTION 8. A state agency may not deny to an individual a state or federal social service benefit on the basis that the individual is participating in a faith-based residential chemical dependency treatment program exempted under this act.

SECTION 9. This act is not intended to aid religion. This act is intended to aid chemically dependent persons by supporting programs that serve the valid public purpose of combating chemical dependency, regardless of whether the programs are religious, spiritual, or ecclesiastical in nature. The exemption of faith-based chemical dependency treatment programs from licensure, certification and regulation is not an endorsement or sponsorship by the state of the religious character, expression, beliefs, doctrines, or practices of the treatment programs.

SECTION 10. A chemical dependency treatment program exempted under this act is not eligible to compete against a licensed program for direct federal or state treatment funding.

SECTION 11. This act does not affect the authority of a local, regional, or state health department official, the state fire marshal, or a local fire prevention official to inspect a facility used by a chemical dependency treatment program exempted under this act.

SECTION 12. Section 73-30-25, Mississippi Code of 1972, is amended as follows:

73-30-25. It is not the intent of this chapter to regulate against members of other duly regulated professions in this state who do counseling in the normal course of the practice of their own profession. This chapter does not apply to:

(a) Any person registered, certified or licensed by the state to practice any other occupation or profession while rendering counseling services in the performance of the occupation or profession for which he is registered, certified or licensed;

(b) Certified school counselors when they are practicing counseling within the scope of their employment;

(c) Certified vocational counselors when they are practicing vocational counseling within the scope of their employment;

(d) Counselors in post-secondary institutions when they are practicing within the scope of their employment;

(e) Student interns or trainees in counseling pursuing a course of study in counseling in a regionally or nationally accredited institution of higher learning or training institution if activities and services constitute a part of the supervised course of study, provided that such persons be designated a counselor intern;

(f) Professionals employed by regionally or nationally accredited post-secondary institutions as counselor educators when they are practicing counseling within the scope of their employment;

(g) Professionals registered, certified or licensed by a recognized state or national professional association that has a published code of ethics and requires adherence to same;

(h) Duly ordained ministers or clergy while functioning in their ministerial capacity and duly accredited Christian Science practitioners;

(i) Professional employees of regional mental health centers, state mental hospitals, vocational rehabilitation institutions, youth court counselors and employees of the Mississippi Employment Security Commission or other governmental agency so long as they practice within the scope of their employment;

(j) Professional employees of alcohol or drug abuse centers or treatment facilities, whether privately or publicly funded, so long as they practice within the scope of their employment;

(k) Persons who are working for or providing counseling with a chemical dependency treatment program exempted under Sections 1 through 11 of this act;

(l) Private employment counselors;

(m) Any nonresident temporarily employed in this state to render counseling services for not more than thirty (30) days in any year, if in the opinion of the board the person would qualify for a license under this chapter and if the person holds any license required for counselors in his home state or country; and

(n) Any social workers holding a master's degree in social work from a school accredited by the Council on Social Work Education and who do counseling in the normal course of the practice of their own profession.

SECTION 13. This act shall take effect and be in force from and after July 1, 2000.