The hospital records of and information pertaining to patients at treatment facilities or patients being treated by physicians, psychologists (as defined in Section 73-31-3(e)), licensed master social workers or licensed professional counselors shall be confidential and shall be released only: (a) upon written authorization of the patient; (b) upon order of a court of competent jurisdiction; (c) when necessary for the continued treatment of a patient; (d) when, in the opinion of the director, release is necessary for the determination of eligibility for benefits, compliance with statutory reporting requirements, or other lawful purpose; or (e) when the patient has communicated to the treating physician, psychologist (as defined in Section 73-31-3(e)), master social worker or licensed professional counselor an actual threat of physical violence against a clearly identified or reasonably identifiable potential victim or victims, and then the treating physician, psychologist (as defined in Section 73-31-3(e)), master social worker or licensed professional counselor may communicate the threat only to the potential victim or victims, a law enforcement agency, or the parent or guardian of a minor who is identified as a potential victim.
Miss. Code Ann. § 41-21-97
Confidentiality of hospital records and information; exceptions
Known as the Andrew Lloyd Law
The act spans §§ 41–41 (49 sections).
Applied in 1 court decision — leading case Hearn v. State (2008)
Most recently applied in Hearn v. State (December 2008)
Laws, 1975, ch. 492, § 7(1); Laws, 1984, ch. 477, § 19; Laws, 1991, ch. 598 § 1; Laws, 2005, ch. 316, § 1; Laws, 2006, ch. 430, § 2, eff from and after July 1, 2006.
Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.