MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Drug Policy
By: Representatives Barker, Sykes, Dixon
AN ACT TO AMEND SECTIONS 41-30-25 AND 41-30-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT WHEN A PATIENT WHO IS AN ALCOHOLIC OR DRUG ADDICT IS DISCHARGED FROM A PUBLIC OR PRIVATE TREATMENT FACILITY, THE DEPARTMENT OF MENTAL HEALTH SHALL MAKE A REASONABLE EFFORT TO ARRANGE FOR ASSISTANCE IN OBTAINING SUPPORTIVE SERVICES AND RESIDENTIAL FACILITIES FOR THE PATIENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-30-25, Mississippi Code of 1972, is amended as follows:
41-30-25. Upon his or
her discharge from, or upon leaving, an approved public or private
treatment facility, a patient who was receiving treatment for alcoholism or
for drug addiction or dependency shall be encouraged to consent to
appropriate outpatient, intermediate care, or other after-care treatment. If
it appears to the administrator in charge of the treatment facility, upon the
advice of the attending physician, that the patient is an alcoholic or drug
addict who requires such help, the division * * * shall make a reasonable effort to
arrange for assistance in obtaining supportive services and residential
facilities for the patient, such as maintenance in a hotel or halfway
house operated by the division or by any other public or private agency.
SECTION 2. Section 41-30-3, Mississippi Code of 1972, is amended as follows:
41-30-3. For purposes of this chapter, the following words shall have the definition ascribed herein unless the context otherwise requires:
(a) "Board" shall mean the Mississippi State Board of Health, or in the event the 1974 Regular Session shall enact House Bill 411 and thereby, upon approval by the Governor, create a Board of Mental Health, the term "board" shall then mean such Board of Mental Health.
(b)
"Division" shall mean the * * * Bureau
of Alcohol and Drug Services.
(c)
"Director" shall mean the Director of the * * * Bureau
of Alcohol and Drug Services.
(d) "Advisory council" shall mean the Mississippi Advisory Committee on Alcohol Abuse and Alcoholism of the advisory council on comprehensive health planning of the Office of the Governor.
(e) "Consortium" shall mean the University Consortium on Alcohol Abuse and Alcoholism.
(f) "State hospitals" shall mean the Mississippi State Hospital at Whitfield and the East Mississippi State Hospital at Meridian.
(g) "Alcoholic" shall mean 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.
(h) " * * * Certified private treatment
facility" shall mean any private facility, service or program approved by
the division providing treatment or rehabilitation services for alcoholics and
drug addicts, including, but not limited to, detoxication centers, licensed
hospitals, community or regional mental health facilities, clinics or programs,
halfway houses, and rehabilitation centers.
(i) " * * * Certified public treatment
facility" shall mean any center, facility, service or program approved by
the division owned and operated or sponsored and operated by any federal, state
of local governmental entity and which provides treatment and rehabilitation
services for alcoholics or drug addicts.
(j) "Intoxicated person" shall mean a person whose mental or physical functioning is substantially impaired as a result of the use of alcohol or drugs.
(k) "Drug addict" and "drug addiction" shall have the meanings as defined in Section 41-31-1.
SECTION 3. This act shall take effect and be in force from and after July 1, 2016.