Senate Bill 3004

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. 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 available treatment for the person's drug or alcohol addiction or substance abuse. Otherwise, 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 the mental or nervous condition or affliction while under commitment for drug or alcohol addiction or substance abuse under the supervision of the medical director of the hospital.

SECTION 3. This act shall take effect and be in force from and after July 1, 2010.