Mississippi
MS ST § 41-4-1Chapter 4.
Department of Mental Health
Title 41. Public Health
Chapter
4. Department of Mental Health
§ 41-4-1. Statement of purpose
The purpose of this chapter is to coordinate, develop, improve,
plan for, and provide all services for the mentally ill, emotionally disturbed,
alcoholic, drug dependent, and mentally retarded persons of this state; to
promote, safeguard and protect human dignity, social well-being and general
welfare of these persons under the cohesive control of one (1) coordinating and
responsible agency so that mental health and mental retardation services and
facilities may be uniformly provided more efficiently and economically to any
resident of the state of Mississippi; and further to seek means for the
prevention of these disabilities.
§ 41-4-3. Composition of state board of mental
health
(1) There is hereby created a state board of mental health, herein
referred to as "board," consisting of nine (9) members, to be
appointed by the governor, with the advise and consent of the senate, each of
whom shall be a qualified elector. One (1) member shall be appointed from each
congressional district as presently constituted; and four (4) members shall be
appointed from the state- at-large, one (1) of whom shall be a licensed medical
doctor who is a psychiatrist, one (1) of whom shall hold a Ph.D. degree and be
a licensed clinical psychologist, one (1) of whom shall be a licensed medical
doctor, and one (1) whom shall be a social worker with experience in the mental
health field.
No more than two (2) members of the board shall be appointed from
any one (1) congressional district as presently constituted.
Each member of the initial board shall serve for a term of years
represented by the number of his congressional district; two (2) state-at-large
members shall serve for a term of six (6) years; two (2) state-at-large members
shall serve for a term of seven (7) years; subsequent appointments shall be for
seven-year terms and the governor shall fill any vacancy for the unexpired
term.
The board shall elect a chairman whose term of office shall be one
(1) year and until his successor shall be elected.
(2) Each board member shall be entitled to a per diem as is
authorized by law and all actual and necessary expenses, including mileage as
provided by law, incurred in the discharge of official duties.
(3) The board shall hold regular meetings monthly and such special
meetings deemed necessary, except that no action shall be taken unless there is
present a quorum of at least five (5) members.
§ 41-4-5. Department established; components
There is hereby created the state department of mental health,
herein referred to as "department," which shall consist of four (4)
or more divisions, among them the division of mental retardation, the division
of alcohol and drug misuse, the division of mental health, and the division of
administration, planning and coordination, and such other divisions as the
board shall deem appropriate.
§ 41-4-7. Powers and duties of state board
The State Board of Mental Health shall have the following powers
and duties:
(a) To appoint a full-time executive director of the Department of
Mental Health, who shall be employed by the board and shall serve as executive
secretary to the board. The first director shall be a duly licensed physician
with special interest and competence in psychiatry, and shall possess a minimum
of three (3) years' experience in clinical and administrative psychiatry.
Subsequent directors shall possess at least a master's degree or its
equivalent, and shall possess at least ten (10) years' administrative
experience in the field of mental health. The salary of the executive director
shall be determined by the board;
(b) To set up state plans for the purpose of controlling and
treating any and all forms of mental and emotional illness, alcoholism, drug
misuse and developmental disabilities;
(c) To supervise, coordinate and establish standards for all
operations and activities of the state related to mental health and providing
mental health
services, including, but not limited to: the requirement that no
person be approved for treatment which is paid for by funds made available
through the department who has not had a treatment plan established as a result
of having been seen by a licensed physician or licensed clinical psychologist
and that physician or clinical psychologist signing these plans stating that
he/she has personally evaluated the client and that the treatment plan is
medically necessary. A physician or clinical psychologist shall recertify each
client's record at least semiannually (except for persons with a diagnosis of
mental retardation/developmental disability which shall be completed annually),
and more often if medically indicated by physically visiting the client and
certifying same in the record. The board shall have the authority to develop
and implement all standards and plans and shall have the authority to establish
appropriate actions, including financially punitive actions, to insure
enforcement of these established standards, in accordance with the
Administrative Procedures Law (Section 25-43-1 et seq.);
(d) To enter into contracts with any other state or federal
agency, or with any private person, organization or group capable of
contracting, if it finds such action to be in the public interest;
(e) To collect reasonable fees for its services; provided,
however, if it is determined that a person receiving services is unable to pay
the total fee, the
department shall collect any amount such person is able to pay;
(f) To certify, coordinate and establish minimum standards and establish
minimum required services for regional mental health and mental retardation
commissions and other community service providers for community or regional
programs and services in mental health, mental retardation, alcoholism, drug
misuse, developmental disabilities, compulsive gambling, addictive disorders
and related programs throughout the state. Such regional mental health and
mental retardation commissions and other community service providers shall
submit an annual operational plan to the State Department of Mental Health for
approval or disapproval based on the minimum standards and minimum required
services established by the department for certification. If the department
finds deficiencies in the plan of any regional commission or community service
provider based on the minimum standards and minimum required services
established for certification, the department shall give the regional
commission or community service provider a six-month probationary period to
bring its standards and services up to the established minimum standards and
minimum required services. After the six-month probationary period, if the
department determines that the regional commission or community service
provider still does not meet the minimum standards and minimum required
services established for certification, the department may remove the
certification of the commission or provider. However, the
department shall not mandate a standard or service, or decertify a regional
commission or community service provider for not meeting a standard or service,
if the standard or service does not have funding appropriated by the
Legislature or have a funding source from the State Department of Mental Health
or a local funding source. The State Board of Mental Health shall promulgate
rules and regulations necessary to implement the provisions of this paragraph
(f), in accordance with the Administrative Procedures Law (Section 25-43-1 et seq.);
(g) To establish and promulgate reasonable minimum standards for
the construction and operation of state and all Department of Mental Health
certified facilities, including reasonable minimum standards for the admission,
diagnosis, care, treatment, transfer of patients and their records, and also
including reasonable minimum standards for providing day care, outpatient care,
emergency care, inpatient care and follow-up care, when such care is provided
for persons with mental or emotional illness, mental retardation, alcoholism,
drug misuse and developmental disabilities;
(h) To assist community or regional programs consistent with the
purposes of this chapter by making grants and contracts from available funds;
(i) To establish and collect reasonable fees for necessary
inspection services incidental to certification or compliance;
(j) To accept gifts, trusts, bequests, grants, endowments or
transfers of property of any kind;
(k) To receive monies coming to it by way of fees for services or
by appropriations;
(l) To serve as the single state agency in receiving and
administering any and all funds available from any source for the purpose of
service delivery, training, research and education in regard to all forms of
mental illness, mental retardation, alcoholism, drug misuse and developmental
disabilities, unless such funds are specifically designated to a particular
agency or institution by the federal government, the Mississippi Legislature or
any other grantor;
(m) To establish mental health
holding centers for the purpose of providing short-term emergency mental health
treatment, places for holding persons awaiting commitment proceedings or
awaiting placement in a state mental health facility following commitment, and
for diverting placement in a state mental health facility. These mental health
holding facilities shall be readily accessible, available statewide, and be in
compliance with emergency services' minimum standards. They shall be
comprehensive and available to triage and make appropriate clinical disposition
including the capability to access inpatient services or less restrictive alternatives,
as needed, as determined
by medical staff. Such facility shall have medical, nursing and
behavioral services available on a twenty-four-hour-a-day basis. The board may
provide for all or part of the costs of establishing and operating the holding
centers in each district from such funds as may be appropriated to the board
for such use, and may participate in any plan or agreement with any public or
private entity under which the entity will provide all or part of the costs of
establishing and operating a holding center in any district;
(n) To certify/license case managers, mental health therapists,
mental retardation therapists, mental health/retardation program
administrators, addiction counselors and others as deemed appropriate by the
board. Persons already professionally licensed by another state board or agency
are not required to be certified/licensed under this section by the Department
of Mental Health. The department shall not use professional titles in its
certification/licensure process for which there is an independent licensing
procedure. Such certification/licensure shall be valid only in the state mental
health system, in programs funded and/or certified by the Department of Mental
Health, and/or in programs certified/licensed by the State Department of Health
that are operated by the state mental health system serving the mentally ill,
mentally retarded, developmental disabled or persons with addictions, and shall
not be transferable;
(o) To develop formal mental health worker qualifications for
regional mental health and mental retardation commissions and other community
service providers. The State Personnel Board shall develop and promulgate a
recommended salary scale and career ladder for all regional mental
health/retardation center therapists and case managers who work directly with
clients. The State Personnel Board shall also develop and promulgate a career
ladder for all direct care workers employed by the State Department of Mental
Health;
(p) The employees of the department shall be governed by personnel
merit system rules and regulations, the same as other employees in state
services;
(q) To establish such rules and regulations as may be necessary in
carrying out the provisions of this chapter, including the establishment of a
formal grievance procedure to investigate and attempt to resolve consumer
complaints;
(r) To grant easements for roads, utilities and any other purpose
it finds to be in the public interest;
(s) To survey
statutory designations, building markers and the names given to mental
health/retardation facilities and proceedings in order to recommend deletion of
obsolete and offensive terminology relative to the mental health/retardation
system;
(t) To ensure
an effective case management system directed at persons who have
been discharged from state and private psychiatric hospitals to
ensure their continued well-being in the community;
(u) To develop
formal service delivery standards designed to measure the quality of services
delivered to community clients, as well as the timeliness of services to
community clients provided by regional mental health/retardation commissions
and other community services providers;
(v) To
establish regional state offices to provide mental health crisis intervention
centers and services available throughout the state to be utilized on a
case-by-case emergency basis. The regional services director, other staff and
delivery systems shall meet the minimum standards of the Department of Mental
Health;
(w) To require
performance contracts with community mental health/mental retardation service
providers to contain performance indicators to measure successful outcomes,
including diversion of persons from inpatient psychiatric hospitals,
rapid/timely response to emergency cases, client satisfaction with services and
other relevant performance measures;
(x) To enter
into interagency agreements with other state agencies, school districts and
other local entities as determined necessary by the department to ensure that
local mental health service entities are fulfilling their responsibilities to
the overall state plan for behavioral services;
(y) To
establish and maintain a toll-free grievance reporting telephone system for the
receipt and referral for investigation of all complaints by clients of state
and community mental health/retardation facilities;
(z) To
establish a peer review/quality assurance evaluation system that assures that
appropriate assessment, diagnosis and treatment is provided according to
established professional criteria and guidelines;
(aa) To develop and implement state
plans for the purpose of assisting with the care and treatment of persons with
Alzheimer's disease and other dementia. This plan shall include education and
training of service providers, care- givers in the home setting and others who
deal with persons with Alzheimer's disease and other dementia, and development
of adult day care, family respite care and counseling programs to assist
families who maintain persons with Alzheimer's disease and other dementia in
the home setting. No agency shall be required to provide any services under
this section until such time as sufficient funds have been appropriated or
otherwise made available by the Legislature specifically for the purposes of
the treatment of persons with Alzheimer's and other dementia;
(bb) Working with the advice and
consent of the administration of Ellisville State School, to enter into
negotiations with the Economic Development Authority of Jones County for the
purpose of negotiating the possible exchange,
lease or sale of lands owned by Ellisville State School to the
Economic Development Authority of Jones County. It is the intent of the
Mississippi Legislature that such negotiations shall ensure that the financial
interest of the persons with mental retardation served by Ellisville State
School will be held paramount in the course of these negotiations. The
Legislature also recognizes the importance of economic development to the
citizens of the State of Mississippi and Jones County, and encourages fairness
to the Economic Development Authority of Jones County. Any negotiations
proposed which would result in the recommendation for exchange, lease or sale
of lands owned by Ellisville State School must have the approval of the State
Board of Mental Health. The State Board of Mental Health may and has the final
authority as to whether or not these negotiations result in the exchange, lease
or sale of the properties it currently holds in trust for citizens with mental
retardation served at Ellisville State School.
If the State Board of Mental Health authorizes the sale of lands
owned by Ellisville State School, as provided for under this paragraph (bb),
the monies derived from the sale shall be placed into a special fund that is
created in the State Treasury to be known as the "Ellisville State School
Client's Trust Fund." The principal of the trust fund shall remain
inviolate and shall never
be expended. Any interest earned on the principal may be expended
solely for the benefits of clients served at Ellisville State School. The State
Treasurer shall invest the monies of the trust fund in any of the investments
authorized for the Mississippi Prepaid Affordable College Tuition Program under
Section 37-155-9, and those investments shall be subject to the
limitations prescribed by Section 37-155-9. Unexpended
amounts remaining in the trust fund at the end of a fiscal year shall not lapse
into the State General Fund, and any interest earned on amounts in the trust
fund shall be deposited to the credit of the trust fund. The administration of
Ellisville State School may use any interest earned on the principal of the
trust fund, upon appropriation by the Legislature, as needed for services or
facilities by the clients of Ellisville State School. Ellisville State School
shall make known to the Legislature, through the Legislative Budget Committee
and the respective Appropriations Committees of the House and Senate, its
proposed use of interest earned on the principal of the trust fund for any
fiscal year in which it proposes to make expenditures thereof. The State
Treasurer shall provide Ellisville State School with an annual report on the
Ellisville State School Client's Trust Fund to indicate the total monies in the
trust fund, interest earned during the year, expenses paid from the trust fund
and such other related information.
Nothing in this section shall be construed as applying to or
affecting mental health/retardation services provided by hospitals as defined
in Section 41- 9-3(a), and/or their subsidiaries and
divisions, which hospitals, subsidiaries and divisions are licensed and
regulated by the Mississippi State Department of Health unless such hospitals,
subsidiaries or divisions voluntarily request certification by the Mississippi
State Department of Mental Health.
All new programs authorized under this section shall be subject to
the availability of funds appropriated therefor by the Legislature;
(cc) Working with the advice and
consent of the administration of Boswell Regional Center, to enter into
negotiations with the Economic Development Authority of Simpson County for the
purpose of negotiating the possible exchange, lease or sale of lands owned by
Boswell Regional Center to the Economic Development Authority of Simpson
County. It is the intent of the Mississippi Legislature that such negotiations
shall ensure that the financial interest of the persons with mental retardation
served by Boswell Regional Center will be held paramount in the course of these
negotiations. The
Legislature also recognizes the importance of economic development
to the citizens of the State of Mississippi and Simpson County, and encourages
fairness to the Economic Development Authority of Simpson County. Any
negotiations proposed which would result in the recommendation for exchange,
lease or sale of lands owned by Boswell Regional Center must have the approval
of the State Board of Mental Health. The State Board of Mental Health may and
has the final authority as to whether or not these negotiations result in the
exchange, lease or sale of the properties it currently holds in trust for
citizens with mental retardation served at Boswell Regional Center. In any such
exchange, lease or sale of such lands owned by Boswell Regional Center, title
to all minerals, oil and gas on such lands shall be reserved, together with the
right of ingress and egress to remove same, whether such provisions be included
in the terms of any such exchange, lease or sale or not.
If the State Board of Mental Health authorizes the sale of lands
owned by Boswell Regional Center, as provided for under this paragraph (cc),
the monies derived from the sale shall be placed into a special fund that is
created in the State Treasury to be known as the "Boswell Regional Center
Client's Trust Fund." The principal of the trust fund shall remain
inviolate and shall never be expended. Any earnings on the principal may be
expended solely for the
benefits of clients served at Boswell Regional Center. The State
Treasurer shall invest the monies of the trust fund in any of the investments
authorized for the Mississippi Prepaid Affordable College Tuition Program under
Section 37-155-9, and those investments shall be subject to the
limitations prescribed by Section 37-155-9. Unexpended
amounts remaining in the trust fund at the end of a fiscal year shall not lapse
into the State General Fund, and any earnings on amounts in the trust fund
shall be deposited to the credit of the trust fund. The administration of
Boswell Regional Center may use any earnings on the principal of the trust
fund, upon appropriation by the Legislature, as needed for services or
facilities by the clients of Boswell Regional Center. Boswell Regional Center
shall make known to the Legislature, through the Legislative Budget Committee
and the respective Appropriations Committees of the House and Senate, its
proposed use of the earnings on the principal of the trust fund for any fiscal
year in which it proposes to make expenditures thereof. The State Treasurer
shall provide Boswell Regional Center with an annual report on the Boswell
Regional Center Client's Trust Fund to indicate the total monies in the trust
fund, interest and other income earned during the year, expenses paid from the
trust fund and such other related information.
Nothing in this section shall be construed as applying to or
affecting mental health/retardation services provided by hospitals as defined
in Section 41- 9-3(a), and/or their subsidiaries and
divisions, which hospitals, subsidiaries and divisions are licensed and
regulated by the Mississippi State Department of Health unless such hospitals,
subsidiaries or divisions voluntarily request certification by the Mississippi
State Department of Mental Health.
All new programs authorized under this section shall be subject to
the availability of funds appropriated therefor by the Legislature;
(dd) Notwithstanding any other
section of the code, the Board of Mental Health shall be authorized to
fingerprint and perform a criminal history record check on every employee or volunteer.
Every employee and volunteer shall provide a valid current social security
number and/or driver's license number which shall be furnished to conduct the
criminal history record check. If no disqualifying record is identified at the
state level, fingerprints shall be forwarded to the Federal Bureau of
Investigation for a national criminal history record check;
(ee) The Department of Mental Health
shall have the authority for the development of a consumer friendly single
point of intake and referral system
within its service areas for persons with mental illness, mental
retardation, developmental disabilities or alcohol or substance abuse who need
assistance identifying or accessing appropriate services. The department will
develop and implement a comprehensive evaluation procedure ensuring that, where
appropriate, the affected person or their parent or legal guardian will be
involved in the assessment and planning process. The department, as the point
of intake and as service provider, shall have the authority to determine the
appropriate institutional, hospital or community care setting for persons who
have been diagnosed with mental illness, mental retardation, developmental
disabilities and/or alcohol or substance abuse, and may provide for the least
restrictive placement if the treating professional believes such a setting is
appropriate, if the person affected or their parent or legal guardian wants
such services, and if the department can do so with a reasonable modification
of the program without creating a fundamental alteration of the program. The
least restrictive setting could be an institution, hospital or community
setting, based upon the needs of the affected person or their parent or legal
guardian;
(ff) To have the sole power and
discretion to enter into, sign, execute and deliver long-term or multi-year
leases of real and personal property to and from other state and federal
agencies.
§ 41-4-8. Medicaid mental health benefits;
falsification of diagnosis and claim
(1) A person shall not make, present or cause to be made or
presented a material falsification of diagnosis of a Medicaid-eligible client
for a claim for Medicaid mental health services benefits, knowing the diagnosis
and claim to be false, fictitious or fraudulent.
(2) A person who violates this section shall be guilty of a felony
and, upon conviction thereof, shall be punished by imprisonment for not more
than five (5) years, or by a fine of not more than One Hundred Thousand Dollars
($100,000.00), or both.
(3) For purposes of subsection (1), if a regional mental
health/retardation center submits claims for Medicaid reimbursement or other
funds from the Department of Mental Health, the lack of a certified physician
or psychologist
evaluation of the client for such claim as required under Section
41-4-7(c), Mississippi Code of 1972, shall be deemed a material
falsification of diagnosis by the person responsible for making or presenting
such claim.
§ 41-4-9. Advisory councils authorized and
mandated
The state board of mental health is hereby authorized and directed
to create advisory councils to assist the board and department in the
performance and discharge of their duties.
§ 41-4-11. Transfers to department from
predecessors
(1) On July 1, 1974, the Board of Trustees of Mental Institutions
of the State of Mississippi and the Mississippi Interagency Commission on
Mental Illness and Mental Retardation shall be abolished. The authority now
vested in the State Board of Health relating to mental health, drug misuse and
alcoholism is hereby rescinded as of July 1, 1974.
(2) As of July 1, 1974, the Mississippi State Hospital at
Whitfield, the East Mississippi State Hospital at Meridian, the Ellisville
State School at Ellisville, the North Mississippi Regional Center at Oxford,
and any other mental or retardation facility that may be established, shall
become subject to the jurisdiction and control of the State Department of
Mental Health.
(3) All duties, responsibilities, authority, power, assets,
liabilities, contractual rights and obligations, and property rights, whether
accruing or
vesting in the abolished agencies before or after the effective
date of this chapter, are hereby vested in the State Board of Mental Health.
(4) The board upon recommendation of the executive director shall
select the heads of divisions and institutions necessary to carry out the
provisions of this chapter who shall have qualifications appropriate to the
duties they must discharge.
(5) Employees of the abolished agencies or divisions of agencies
holding positions on June 30, 1974, shall be employees of the State Department
of Mental Health on July 1, 1974. The board may combine or abolish positions as
necessary to carry out the provisions of this chapter.
(6) Subject to the provisions and limitations of this chapter as
expressly set forth in section 41-4-13, all offices,
services, programs and other activities of the abolished agencies or divisions
of agencies are hereby made offices, services, programs or other activities of
the State Department of
Mental Health, and the board is hereby authorized to reorganize
such offices, services, programs or other activities so as to achieve economy
and efficiency; and the said board may establish bureaus, divisions, hospitals,
clinics, mental health centers, homes for the mentally retarded, or other
facilities for providing mental health services if it finds such action to be
in the public interest.
§ 41-4-13. Purchases and supply contracts
All commodities, equipment and furniture purchased and supply
contracts entered into by the board shall be in accord with the provisions of
Title 31, Chapter 7, Mississippi Code of 1972. No purchases shall be made from,
nor shall any sales be made to, any member of the board.
§ 41-4-15. Repealed by Laws 1997, Ch. 587, § 7,
eff. July 1, 1997
§ 41-4-17. Mississippi Children's Rehabilitation
Center
Nothing herein contained shall operate to vest the State Board of
Mental Health with any authority or jurisdiction over the Mississippi
Children's Rehabilitation Center.
§ 41-4-19. Transfer of funds
The board, may with the approval of the commission of budget and
accounting, require the transfer of funds appropriated for the use of agencies
consolidated under the provisions of this chapter. Said funds shall be
transferred by the state auditor of public accounts to a separate account in
the state treasury. The auditor shall issue his warrants upon requisitions
signed by the proper person, officer or officers designated by the board.
§ 41-4-21. Fiscal management
For the operations of all facilities placed under the control of
the department and for all of its operations, the board shall adopt a uniform
system of reporting and accounting approved by the state department of audit,
and shall prepare an annual report to the legislature setting forth the
disbursements of all moneys appropriated and specifying the facilities and
activities upon which funds were expended. It shall prepare annually, or cause
to be prepared, a budget for its total operation for the ensuing fiscal period
in the manner and form as required by the legislative budget office.
§ 41-4-23. Security guards and campus police
(a) It will be the duty of the director of any mental health or
mental retardation facility under the direction or control of the State
Department of Mental Health to designate certain employees as security guards
and campus police. The names, qualifications, and training of such campus
police will be reported to the Executive Director of the State Department of Mental
Health and spread upon the official minutes of the State Board of Mental
Health.
All campus police, subsequent to employment but prior to
performing duties as campus police, will attend and satisfactorily complete the
training course required for law enforcement officers at the Law Enforcement
Officer's Training Academy or an equivalent facility. Campus police training
may be at the expense of the Department of Mental Health and conditioned upon
work repayment by the employee in accordance with educational leave regulations
promulgated by the State Board of Mental Health. Failure to meet repayment
obligations may result in revocation of law enforcement certification in the
same manner
provided in Section 37-101-291,
Mississippi Code of 1972. A complete record of all law enforcement training of
each employee will be maintained in each employee's record of employment. A
master file of all such employees' training will be kept in the central office
of the State Department of Mental Health.
(b) All campus police will be duly constituted peace officers with
powers and duties of a constable but such authority may be exercised only on
the premises of institutions under the control of the State Department of
Mental Health and public property immediately adjacent to such premises. Each
person designated as a security guard or campus police will enter into bond in
the penalty amount of not less than Ten Thousand Dollars ($10,000.00), the
premium for which shall be paid by the facility employing such security guard
or campus police.
(c) All security guards and campus police will exercise their
authority while in performance of their duty on any of the facilities under the
direction or control of the State Department of Mental Health and public
property immediately adjacent to such facilities; will be required to dress in
uniforms prescribed by the State Board of Mental Health; and will be authorized
to
carry weapons. Employees designated as campus police shall be duly
sworn and vested with authority to bear arms and make arrests, and shall
exercise primarily the responsibilities of the prevention and detection of
crime, the apprehension of criminals, and the enforcement of the ordinances and
policies of the Department of Mental Health, a political subdivision of the
State of Mississippi. Employees designated as campus police shall be considered
law enforcement officers within the meaning of Section 45-6-3.
§ 41-4-25. Transfer of patients
Notwithstanding any other provision of law, the director of a
Department of Mental Health facility has the authority to transfer any
patient/resident to another Department of Mental Health facility as necessary
for the welfare of that or any other patients/residents.