Amendment_Report_for

Senate Amendments to House Bill No. 1129

TO THE CLERK OF THE HOUSE:

THIS IS TO INFORM YOU THAT THE SENATE HAS ADOPTED THE AMENDMENTS SET OUT BELOW:

AMENDMENT NO. 1

Amend by striking all after the enacting clause and inserting in lieu thereof the following:

SECTION 1. Section 43-21-355, Mississippi Code of 1972, is reenact and amend as follows:

43-21-355. Any attorney, physician, dentist, intern, resident, nurse, psychologist, social worker, child protection specialist, child care giver, minister, law enforcement officer, school attendance officer, public school district employee, nonpublic school employee, licensed professional counselor, or any other person participating in the making of a required report pursuant to Section 43-21-353 or participating in the judicial proceeding resulting therefrom shall be presumed to be acting in good faith. Any person or institution reporting in good faith shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed.

SECTION 2. 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)), licensed professional counselors 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 3. This act shall take effect and be in force from and after July 1, 2006.

AN ACT TO REENACT AND AMEND SECTION 43-21-355, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A LICENSED PROFESSIONAL COUNSELOR WHO, IN GOOD FAITH, REPORTS CERTAIN INFORMATION TO THE DEPARTMENT OF HUMAN SERVICES REGARDING A NEGLECTED OR ABUSED CHILD SHALL BE IMMUNE FROM LIABILITY FOR SUCH REPORTING; TO AMEND SECTION 41-21-97, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT RECORDS OF PATIENTS BEING TREATED BY LICENSED PROFESSIONAL COUNSELORS SHALL BE CONFIDENTIAL; AND FOR RELATED PURPOSES.