MISSISSIPPI LEGISLATURE

2015 Regular Session

To: Public Health and Welfare

By: Senator(s) Kirby

Senate Bill 2585

AN ACT TO AMEND SECTION 41-33-3, MISSISSIPPI CODE OF 1972, TO REVISE PROCEDURES FOR THE COMPULSORY COMMITMENT OF ACTIVE TUBERCULOSIS CASES WHO REFUSE TREATMENT TO APPROPRIATE FACILITIES; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 41-33-3, Mississippi Code of 1972, is amended as follows:

     41-33-3.  Any person who has been diagnosed as having active tuberculosis and who fails or refuses to carry out minimum precautions * * * outlined to him in writing by the county health officer for the prevention of spread of the disease to another specified in writing by the District or State Health Officer for the prevention of transmitting tuberculosis to others may be committed under duress to any hospital or appropriate facility under contract with the State Department of Health * * * providing services to the tuberculosis patients or any facility of the Mississippi Department of Corrections under contract capable of adequately isolating patients with tuberculosis so long as his disease is active or until such time as it is believed by the county health officer that he will carry out suitable precautions at home to prevent spread of the disease.  Any contractual agreement between the Mississippi Department of Corrections and the State Department of Health shall be voluntary, discretionary and mutually agreed upon by the contracting parties.  Such patients diagnosed as having active tuberculosis who refuse to carry out minimum precautions may be committed to the county jail of his county or residence, any other county jail deemed appropriate by the Mississippi State Department of Health, or any other facility of the Mississippi Department of Corrections determined by the Mississippi State Department of Health to be capable of providing adequate housing and services for such patients.  The period of confinement shall be maintained until the District or State Health Officer deems the patient no longer a threat to the public's health.  The Mississippi Department of Corrections and the Mississippi State Department of Health shall sustain a contractual agreement, suitable to both parties, which will maintain sufficient housing capacity for tuberculosis patients who refuse treatment.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2015.