House Bill 1020

(As Passed the House)

AN ACT TO AMEND SECTION 41-29-159, MISSISSIPPI CODE OF 1972, TO PROVIDE CIVIL PENALTIES FOR CERTAIN PERSONS WHO FAIL TO REPORT DRUG OVERDOSES; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 41-29-159, Mississippi Code of 1972, is amended as follows:

41-29-159. (a) Any officer or employee of the Mississippi Bureau of Narcotics, investigative unit of the State Board of Pharmacy, investigative unit of the State Board of Medical Licensure, investigative unit of the State Board of Dental Examiners, investigative unit of the Mississippi Board of Nursing, investigative unit of the State Board of Optometry, any duly sworn peace officer of the State of Mississippi, any enforcement officer of the Mississippi Department of Transportation, or any highway patrolman, may, while engaged in the performance of his statutory duties:

(1) Carry firearms;

(2) Execute and serve search warrants, arrest warrants, subpoenas, and summonses issued under the authority of this state;

(3) Make arrests without warrant for any offense under this article committed in his presence, or if he has probable cause to believe that the person to be arrested has committed or is committing a crime; and

(4) Make seizures of property pursuant to this article.

(b) As divided among the Mississippi Bureau of Narcotics, the State Board of Pharmacy, the State Board of Medical Licensure, the State Board of Dental Examiners, the Mississippi Board of Nursing and the State Board of Optometry, the primary responsibility of the illicit street traffic or other illicit traffic of drugs is delegated to agents of the Mississippi Bureau of Narcotics. The State Board of Pharmacy is delegated the responsibility of regulating and checking the legitimate drug traffic among pharmacists, pharmacies, hospitals, nursing homes, drug manufacturers, and any other related professions and facilities with the exception of the medical, dental, nursing, optometric and veterinary professions. The State Board of Medical Licensure is responsible for regulating and checking the legitimate drug traffic among physicians, podiatrists and veterinarians. The Mississippi Board of Dental Examiners is responsible for regulating and checking the legitimate drug traffic among dentists and dental hygienists. The Mississippi Board of Nursing is responsible for regulating and checking the legitimate drug traffic among nurses. The State Board of Optometry is responsible for regulating and checking the legitimate drug traffic among optometrists.

(c) The provisions of this section shall not be construed to limit or preclude the detection or arrest of persons in violation of Section 41-29-139 by any local law enforcement officer, sheriff, deputy sheriff or peace officer.

(d) (1) Agents of the bureau are authorized to investigate the circumstances of deaths which are caused by drug overdose or which are believed to be caused by drug overdose and health care providers * * *, and coroners * * *~~and law enforcement officers~~ shall notify the bureau of any death caused by a drug overdose within * * *~~twenty‑four (24)~~ forty-eight (48) business hours of receipt of written confirmation of the cause of death.

(2) Any person listed in paragraph (1) of this subsection (d) who fails to report a drug overdose shall be fined for each death that is not reported as required by this subsection (d), a civil penalty as follows:

A. First failure to report, Five Hundred Dollars ($500.00);

B. Second failure to report, One Thousand Dollars ($1,000.00); and

C. Third failure to report, Five Thousand Dollars ($5,000.00) plus a suspension of the person's professional license to practice in the applicable profession for twelve (12) months. Any person whose license is suspended may regain such license if all fines and fees are paid and any other conditions required for such license are met.

(3) The Mississippi Bureau of Narcotics shall assess the penalties authorized in subsection (d) against any person with reporting responsibility described in paragraph (1) of this subsection (d) upon a finding of a violation of paragraph (1) of this subsection after written notice and a hearing are provided to the person.

(4) All monies due pursuant to this subsection (d) shall be paid to the Mississippi Bureau of Narcotics and the Mississippi Bureau of Narcotics shall have the authority to receive, budget and expend these funds in accordance with the rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation to the bureau of federal funds.

(e) Any person who shall impersonate in any way the director or any agent, or who shall in any manner hold himself out as being, or represent himself as being, an officer or agent of the Mississippi Bureau of Narcotics shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00) or by imprisonment for not more than one (1) year, or by both such fine and imprisonment.

SECTION 2. This act shall take effect and be in force from and after July 1, 2018.