MISSISSIPPI LEGISLATURE 2025 Regular Session To: Judiciary A By: Representative Hood House Bill 1442 (As Sent to Governor) AN ACT TO AMEND SECTION 93-20-407, MISSISSIPPI CODE OF 1972, TO REQUIRE CERTAIN MEDICAL PROFESSIONALS FROM THE MISSISSIPPI STATE HOSPITAL, THE NORTH MISSISSIPPI STATE HOSPITAL, EAST MISSISSIPPI STATE HOSPITAL OR ANY OTHER STATE HOSPITAL TO SIGN THE CERTIFICATES FOR EXAMINATION FOR CONSERVATORSHIP IF THE RESPONDENT IS HOUSED IN A STATE HOSPITAL AT THE TIME OF THE PETITION; TO AMEND SECTION 93-20-408, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 93-20-409, MISSISSIPPI CODE OF 1972, TO GRANT ACCESS TO MEDICAL RECORDS FROM A MISSISSIPPI STATE HOSPITAL IF THE RESPONDENT IS HOUSED IN A STATE HOSPITAL AT THE TIME OF THE PETITION; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Section 93-20-407, Mississippi Code of 1972, is amended as follows: 93-20-407. (1) The chancery court must conduct a hearing to determine whether a conservator is needed for the respondent. Before the hearing, the court, in its discretion, may appoint a guardian ad litem, and the guardian ad litem must be present at the hearing and present the interests of the respondent. (2) The chancery judge shall be the judge of the number and character of the witnesses and proof to be presented, except that the proof must include certificates made after a personal examination of the respondent by the following professionals, each of whom must make in writing a certificate of the result of that examination to be filed with the clerk of the court and become a part of the record of the case. (a) Two (2) licensed physicians; * * *or (b) One (1) licensed physician and either one (1) licensed psychologist, nurse practitioner, or physician's assistant * * *. ; or (c) If the respondent has been committed to the Mississippi State Hospital, North Mississippi State Hospital, East Mississippi State Hospital, any other state hospital or any medical facility contracted by such state hospital to house patients at the time the petition is pending, and has been committed by a Mississippi chancery court for mental health evaluations at least three (3) times in the past twenty-four (24) months before the petition was filed, medical professionals employed by the Mississippi State Hospital, North Mississippi State Hospital, East Mississippi State Hospital, any other state hospital or any medical facility contracted by such state hospital to house patients shall, in accordance with the guidelines listed in paragraphs (a) and (b) conduct the personal examination of the respondent and shall sign the certificate indicating the result of the personal examination. (3) The personal examination may occur face-to-face or via telemedicine, but any telemedicine examination must be made using an audiovisual connection by a physician licensed in this state and as defined in Section 83-9-351. A nurse practitioner or physician assistant conducting an examination shall not also be in a collaborative or supervisory relationship, as the law may otherwise require, with the physician conducting the examination. A professional conducting an examination under this section may also be called to testify at the hearing. (4) The personal examination requirement in subsections (2) and (3) does not apply if the respondent is: (a) Missing, detained or unable to return to the United States; or (b) A minor with no other disability or incapacity. However, a personal examination is required to extend a conservatorship beyond the age of majority. SECTION 2. Section 93-20-408, Mississippi Code of 1972, is amended as follows: 93-20-408. (1) At a hearing under this article, the respondent may: (a) Present evidence and subpoena witnesses and documents; (b) Examine witnesses; and (c) Otherwise participate in the hearing. (2) Unless excused by the court for good cause, a proposed conservator must attend a hearing under this article. (3) A hearing under this article must be closed on request of the respondent and a showing of good cause, except a treating physician may be present in person or by use of technology. (4) Any person may request to participate in a hearing under this article. The court may grant the request, with or without a hearing, on determining that the best interest of the respondent will be served. The court may impose appropriate conditions on the person's participation. SECTION 3. Section 93-20-409, Mississippi Code of 1972, is amended as follows: 93-20-409. (1) An individual subject to a proceeding for a conservatorship, an attorney designated by the respondent or ward, and a person entitled to notice either under Section 93-20-411(5) or court order may access court records of the proceeding and resulting conservatorship, including the conservator's plan under Section 93-20-419, * * *and the conservator's report under Section 93-20-423 and any medical records from the Mississippi State Hospital, North Mississippi State Hospital, East Mississippi State Hospital, any other state hospital or medical facility contracted by a state hospital, as applicable. A person not otherwise entitled to access to court records under this section for good cause may petition the court for access to court records of the conservatorship, including the conservator's plan and report. The court must grant access if access is in the best interest of the respondent or ward or furthers the public interest and does not endanger the welfare or financial interests of the respondent or individual. (2) A report under Section 93-20-405 of a guardian ad litem or professional evaluation under Section 93-20-407 may be confidential and may be sealed on filing when determined necessary by the court. If the court finds the file should be sealed, the file shall remain available to: (a) The court; (b) The individual who is the subject of the report or evaluation, without limitation as to use; (c) The petitioner, guardian ad litem and petitioner's and respondent's attorneys, for purposes of the proceeding; (d) Unless the court directs otherwise, a person appointed under a power of attorney for finances in which the respondent is identified as the principal; and (e) Any other person if it is in the public interest or for a purpose the court orders for good cause. SECTION 4. This act shall take effect and be in force from and after July 1, 2025.
MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Judiciary A
By: Representative Hood
# House Bill 1442
## (As Sent to Governor)
AN ACT TO AMEND SECTION 93-20-407, MISSISSIPPI CODE OF 1972, TO REQUIRE CERTAIN MEDICAL PROFESSIONALS FROM THE MISSISSIPPI STATE HOSPITAL, THE NORTH MISSISSIPPI STATE HOSPITAL, EAST MISSISSIPPI STATE HOSPITAL OR ANY OTHER STATE HOSPITAL TO SIGN THE CERTIFICATES FOR EXAMINATION FOR CONSERVATORSHIP IF THE RESPONDENT IS HOUSED IN A STATE HOSPITAL AT THE TIME OF THE PETITION; TO AMEND SECTION 93-20-408, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 93-20-409, MISSISSIPPI CODE OF 1972, TO GRANT ACCESS TO MEDICAL RECORDS FROM A MISSISSIPPI STATE HOSPITAL IF THE RESPONDENT IS HOUSED IN A STATE HOSPITAL AT THE TIME OF THE PETITION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 93-20-407, Mississippi Code of 1972, is amended as follows:
93-20-407. (1) The chancery court must conduct a hearing to determine whether a conservator is needed for the respondent. Before the hearing, the court, in its discretion, may appoint a guardian ad litem, and the guardian ad litem must be present at the hearing and present the interests of the respondent.
(2) The chancery judge shall be the judge of the number and character of the witnesses and proof to be presented, except that the proof must include certificates made after a personal examination of the respondent by the following professionals, each of whom must make in writing a certificate of the result of that examination to be filed with the clerk of the court and become a part of the record of the case.
(a) Two (2) licensed physicians; * * *or
(b) One (1) licensed physician and either one (1) licensed psychologist, nurse practitioner, or physician's assistant * * *. ; or
(c) If the respondent has been committed to the Mississippi State Hospital, North Mississippi State Hospital, East Mississippi State Hospital, any other state hospital or any medical facility contracted by such state hospital to house patients at the time the petition is pending, and has been committed by a Mississippi chancery court for mental health evaluations at least three (3) times in the past twenty-four (24) months before the petition was filed, medical professionals employed by the Mississippi State Hospital, North Mississippi State Hospital, East Mississippi State Hospital, any other state hospital or any medical facility contracted by such state hospital to house patients shall, in accordance with the guidelines listed in paragraphs (a) and (b) conduct the personal examination of the respondent and shall sign the certificate indicating the result of the personal examination.
(3) The personal examination may occur face-to-face or via telemedicine, but any telemedicine examination must be made using an audiovisual connection by a physician licensed in this state and as defined in Section 83-9-351. A nurse practitioner or physician assistant conducting an examination shall not also be in a collaborative or supervisory relationship, as the law may otherwise require, with the physician conducting the examination. A professional conducting an examination under this section may also be called to testify at the hearing.
(4) The personal examination requirement in subsections (2) and (3) does not apply if the respondent is:
(a) Missing, detained or unable to return to the United States; or
(b) A minor with no other disability or incapacity. However, a personal examination is required to extend a conservatorship beyond the age of majority.
SECTION 2. Section 93-20-408, Mississippi Code of 1972, is amended as follows:
93-20-408. (1) At a hearing under this article, the respondent may:
(a) Present evidence and subpoena witnesses and documents;
(b) Examine witnesses; and
(c) Otherwise participate in the hearing.
(2) Unless excused by the court for good cause, a proposed conservator must attend a hearing under this article.
(3) A hearing under this article must be closed on request of the respondent and a showing of good cause, except a treating physician may be present in person or by use of technology.
(4) Any person may request to participate in a hearing under this article. The court may grant the request, with or without a hearing, on determining that the best interest of the respondent will be served. The court may impose appropriate conditions on the person's participation.
SECTION 3. Section 93-20-409, Mississippi Code of 1972, is amended as follows:
93-20-409. (1) An individual subject to a proceeding for a conservatorship, an attorney designated by the respondent or ward, and a person entitled to notice either under Section 93-20-411(5) or court order may access court records of the proceeding and resulting conservatorship, including the conservator's plan under Section 93-20-419, * * *and the conservator's report under Section 93-20-423 and any medical records from the Mississippi State Hospital, North Mississippi State Hospital, East Mississippi State Hospital, any other state hospital or medical facility contracted by a state hospital, as applicable. A person not otherwise entitled to access to court records under this section for good cause may petition the court for access to court records of the conservatorship, including the conservator's plan and report. The court must grant access if access is in the best interest of the respondent or ward or furthers the public interest and does not endanger the welfare or financial interests of the respondent or individual.
(2) A report under Section 93-20-405 of a guardian ad litem or professional evaluation under Section 93-20-407 may be confidential and may be sealed on filing when determined necessary by the court. If the court finds the file should be sealed, the file shall remain available to:
(a) The court;
(b) The individual who is the subject of the report or evaluation, without limitation as to use;
(c) The petitioner, guardian ad litem and petitioner's and respondent's attorneys, for purposes of the proceeding;
(d) Unless the court directs otherwise, a person appointed under a power of attorney for finances in which the respondent is identified as the principal; and
(e) Any other person if it is in the public interest or for a purpose the court orders for good cause.
SECTION 4. This act shall take effect and be in force from and after July 1, 2025.