Mississippi Code
Miss. Code Ann. § 41-21-97 (2026)
Confidentiality of hospital records and information; exceptions
✓ current as of July 2026
- (1) 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.
- (2) The Mississippi State Asylum Records shall not be considered confidential for purposes of this section, provided that any Mississippi State Asylum Record relating to any person who has not been deceased for at least fifty (50) years shall still be considered confidential in accordance with subsection (1) of this section.
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. 7/1/2006.
Amended by Laws, 2023, ch. 337, SB 2797,§ 3, eff. 7/1/2023.
Notes of Decisions
Cited in 3
cases, 1995–2008 · leading case: Hearn v. State, 3 So. 3d 722 (Miss. 2008).
Hearn v. State, 3 So. 3d 722 (Miss. 2008). “Miss.Code Ann. § 41-21-97 (Rev.2005). ¶ 39.”
Evans v. United States, 883 F. Supp. 124 (S.D. Miss. 1995). “Prior to April 15, 1991, Miss.Code Ann. § 41-21-97 (1972), which is included in that part of the Mississippi Code governing the care and treatment of mentally and mentally retarded persons, read: The hospital records of and information pertaining to patients at treatment…”
Michael Henry Hearn v. State of Mississippi (Miss. 2007). “Miss. Code Ann. § 41-21-97 (Rev. 2005). ¶39.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.