MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Judiciary, Division B; Appropriations
By: Senator(s) DeBar
AN ACT TO AMEND SECTION 41-111-1, MISSISSIPPI CODE OF 1972, TO REMOVE THE REPEAL CLAUSE ON THE CHILD DEATH REVIEW PANEL; TO AMEND SECTION 41-61-59, MISSISSIPPI CODE OF 1972, TO DEFINE THE DEATH OF ANY CHILD UNDER THE AGE OF 18 AS A DEATH THAT AFFECTS THE PUBLIC INTEREST; TO AMEND SECTION 41-61-63, MISSISSIPPI CODE OF 1972, TO REVISE THE RESPONSIBILITY OF THE COUNTY MEDICAL EXAMINERS AND COUNTY MEDICAL EXAMINER INVESTIGATORS TO REPORT CHILD DEATHS; TO BRING FORWARD SECTION 41-61-65, MISSISSIPPI CODE OF 1972, TO POSSIBLY AMEND TO CONFORM; TO AMEND SECTION 41-61-75, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS GOVERNING THE PAYMENT OF FEES FOR DEATH REPORTS WHEN THE DECEASED IS CHILD UNDER THE AGE OF 18 YEARS; TO AMEND SECTION 19-3-27, MISSISSIPPI CODE OF 1972, TO REQUIRE THE CLERK OF THE BOARD OF SUPERVISORS TO RECEIVE CERTAIN INFORMATION BEFORE DOCKETING A REQUEST FOR PAYMENT BY A MEDICAL EXAMINER FOR CERTAIN DEATH REPORTS; TO AMEND SECTION 19-3-5, MISSISSIPPI CODE OF 1972, TO CLARIFY THE RESPONSIBILITY FOR CERTAIN PAYMENTS MADE IN CONTRAVENTION OF STATUTORY REQUIREMENTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-111-1, Mississippi Code of 1972, is amended as follows:
41-111-1. (1) There is created the Child Death Review Panel, whose primary purpose is to foster the reduction of infant and child mortality and morbidity in Mississippi and to improve the health status of infants and children.
(2) The Child Death Review
Panel shall be composed of * * * the following voting
members: the State Medical Examiner or his representative, a pathologist on
staff at the University of Mississippi Medical Center, an appointee of the
Lieutenant Governor, an appointee of the Speaker of the House of
Representatives, and one (1) representative from each of the following: the * * * Mississippi Coroner-Medical
Examiners Association, the Mississippi Chapter of the American Academy of
Pediatrics, the Office of Vital Statistics in the State Department of Health,
the Attorney General's office, the * * * Mississippi Sheriff's Association,
the Mississippi Police Chiefs Association, the Department of * * * Child Protection Services, the
Children's Advocacy Center, the State Chapter of the March of Dimes, the State
SIDS Alliance, the Mississippi Children's Safe Center, Safe Kids Mississippi, the
Mississippi Trauma Advisory Committee, and the Mississippi State Fire
Marshal's office.
(3) The Chairman of the Child Death Review Panel shall be elected annually by the Review Panel membership. The Review Panel shall develop and implement such procedures and policies necessary for its operation, including obtaining and protecting confidential records from the agencies and officials specified in subsection (4) of this section. The Review Panel shall be assigned to the State Department of Health for administrative purposes only, and the department shall designate staff to assist the Review Panel.
(4) The
Child Death Review Panel shall submit a report annually to the Chairmen of the
House Public Health and Human Services Committee and the Senate Public Health
and Welfare Committee on or before December 1. The report shall include the
numbers, causes and relevant demographic information on child and infant deaths
in Mississippi, and appropriate recommendations to the Legislature on how to
most effectively direct state resources to decrease infant and child deaths in
Mississippi. Data for the Review Panel's review and reporting shall be
provided to the Review Panel, upon the request of the Review Panel, by the
State Medical Examiner's office, State Department of Health, Department of * * * Child Protection Services, medical
examiners, coroners, health care providers, law enforcement agencies, any other
agencies or officials having information that is necessary for the Review Panel
to carry out its duties under this section. The State Department of Health
shall also be responsible for printing and distributing the annual report(s) on
child and infant deaths in Mississippi.
* * *
SECTION 2. Section 41-61-59, Mississippi Code of 1972, is amended as follows:
41-61-59. (1) A person's death that affects the public interest as specified in subsection (2) of this section shall be promptly reported to the medical examiner by the physician in attendance, any hospital employee, any law enforcement officer having knowledge of the death, the embalmer or other funeral home employee, any emergency medical technician, any relative or any other person present. The appropriate medical examiner shall notify the municipal or state law enforcement agency or sheriff and take charge of the body. When the medical examiner has received notification under Section 41-39-15(6) that the deceased is medically suitable to be an organ and/or tissue donor, the medical examiner's authority over the body shall be subject to the provisions of Section 41-39-15(6). The appropriate medical examiner shall notify the Mississippi Bureau of Narcotics within twenty-four (24) hours of receipt of the body in cases of death as described in subsection (2)(m) or (n) of this section.
(2) A death affecting the public interest includes, but is not limited to, any of the following:
(a) Violent death, including homicidal, suicidal or accidental death.
(b) Death caused by thermal, chemical, electrical or radiation injury.
(c) Death caused by criminal abortion, including self-induced abortion, or abortion related to or by sexual abuse.
(d) Death related to disease thought to be virulent or contagious that may constitute a public hazard.
(e) Death that has occurred unexpectedly or from an unexplained cause.
(f) Death of a person confined in a prison, jail or correctional institution.
(g) Death of a person where a physician was not in attendance within thirty-six (36) hours preceding death, or in prediagnosed terminal or bedfast cases, within thirty (30) days preceding death.
(h) Death of a person where the body is not claimed by a relative or a friend.
(i) Death of a person where the identity of the deceased is unknown.
(j) Death of a child under the age of two (2) years where death results from an unknown cause or where the circumstances surrounding the death indicate that sudden infant death syndrome may be the cause of death.
(k) Where a body is brought into this state for disposal and there is reason to believe either that the death was not investigated properly or that there is not an adequate certificate of death.
(l) Where a person is presented to a hospital emergency room unconscious and/or unresponsive, with cardiopulmonary resuscitative measures being performed, and dies within twenty-four (24) hours of admission without regaining consciousness or responsiveness, unless a physician was in attendance within thirty-six (36) hours preceding presentation to the hospital, or in cases in which the decedent had a prediagnosed terminal or bedfast condition, unless a physician was in attendance within thirty (30) days preceding presentation to the hospital.
(m) Death that is caused by drug overdose or which is believed to be caused by drug overdose.
(n) When a stillborn fetus is delivered and the cause of the demise is medically believed to be from the use by the mother of any controlled substance as defined in Section 41-29-105.
(o) Death of a child under the age of eighteen (18) years where death results from an unknown cause or where the circumstances surrounding the death indicate that the cause of death may be related to abuse, neglect or accident.
(3) The State Medical Examiner is empowered to investigate deaths, under the authority hereinafter conferred, in any and all political subdivisions of the state. The county medical examiners and county medical examiner investigators, while appointed for a specific county, may serve other counties on a regular basis with written authorization by the State Medical Examiner, or may serve other counties on an as-needed basis upon the request of the ranking officer of the investigating law enforcement agency. If a death affecting the public interest takes place in a county other than the one where injuries or other substantial causal factors leading to the death have occurred, jurisdiction for investigation of the death may be transferred, by mutual agreement of the respective medical examiners of the counties involved, to the county where the injuries or other substantial causal factors occurred, and the costs of autopsy or other studies necessary to the further investigation of the death shall be borne by the county assuming jurisdiction.
(4) The chief county medical examiner or chief county medical examiner investigator may receive from the county in which he serves a salary of Nine Hundred Dollars ($900.00) per month, in addition to the fees specified in Sections 41-61-69 and 41-61-75, provided that no county shall pay the chief county medical examiner or chief county medical examiner investigator less than One Hundred Dollars ($100.00) per month as a salary, in addition to other compensation provided by law. In any county having one or more deputy medical examiners or deputy medical examiner investigators, each deputy may receive from the county in which he serves, in the discretion of the board of supervisors, a salary of not more than Nine Hundred Dollars ($900.00) per month, in addition to the fees specified in Sections 41-61-69 and 41-61-75. For this salary the chief shall assure twenty-four-hour daily and readily available death investigators for the county, and shall maintain copies of all medical examiner death investigations for the county for at least the previous five (5) years. He shall coordinate his office and duties and cooperate with the State Medical Examiner, and the State Medical Examiner shall cooperate with him.
SECTION 3. Section 41-61-63, Mississippi Code of 1972, is amended as follows:
41-61-63. (1) The State Medical Examiner shall:
(a) Provide assistance, consultation and training to county medical examiners, county medical examiner investigators and law enforcement officials.
(b) Keep complete records of all relevant information concerning deaths or crimes requiring investigation by the medical examiners.
(c) Promulgate rules and regulations regarding the manner and techniques to be employed while conducting autopsies; the nature, character and extent of investigations to be made into deaths affecting the public interest to allow a medical examiner to render a full and complete analysis and report; the format and matters to be contained in all reports rendered by the medical examiners; and all other things necessary to carry out the purposes of Sections 41-61-51 through 41-61-79. The State Medical Examiner shall make such amendments to these rules and regulations as may be necessary. All medical examiners, coroners and law enforcement officers shall be subject to such rules.
(d) Cooperate with the crime detection and medical examiner laboratories authorized by Section 45-1-17, the University of Mississippi Medical Center, the Attorney General, law enforcement agencies, the courts and the State of Mississippi.
(2) In addition, the county medical examiners and county medical examiner investigators shall:
(a) Upon receipt of notification of a death affecting the public interest, make inquiries regarding the cause and manner of death, reduce the findings to writing and promptly make a full report to the State Medical Examiner on forms prescribed for that purpose. The medical examiner shall be authorized to inspect and copy the medical reports of the decedent whose death is under investigation. However, the records copied shall be maintained as confidential so as to protect the doctor/patient privilege. The medical examiners shall be authorized to request the issuance of subpoenas, through the proper court, for the attendance of persons and for the production of documents as may be required by their investigation.
(b) Complete the medical examiner's portion of the certificate of death within seventy-two (72) hours of assuming jurisdiction over a death, and forward the certificate to the funeral director or to the family. The medical examiner's portion of the certificate of death shall include the decedent's name, the date and time of death, the cause of death and the certifier's signature. If determination of the cause and/or manner of death are pending an autopsy or toxicological or other studies, these sections on the certificate may be marked "pending," with amendment and completion to follow the completion of the postmortem studies. The State Medical Examiner shall be authorized to amend a death certificate; however, the State Medical Examiner is not authorized to change or amend any death certificate after he has resigned or been removed from his office as the State Medical Examiner. Where an attending physician refuses to sign a certificate of death, or in case of any death, the State Medical Examiner or properly qualified designee may sign the death certificate.
(c) Cooperate with other agencies as provided for the State Medical Examiner in subsection (1)(d) of this section.
(d) In all investigations of deaths affecting the public interest where an autopsy will not be performed, obtain or attempt to obtain postmortem blood, urine and/or vitreous fluids. Medical examiners may also obtain rectal temperature measurements, known hair samples, radiographs, gunshot residue/wiping studies, fingerprints, palm prints and other noninvasive studies as the case warrants and/or as directed by the State Medical Examiner. Decisions shall be made in consultation with investigating law enforcement officials and/or the State Medical Examiner. The cost of all studies not performed by the Mississippi Forensics Laboratory shall be borne by the county. County medical examiner investigators shall be authorized to obtain these postmortem specimens themselves following successful completion of the death investigation training school.
(e) In all
investigations of deaths occurring in the manner specified in subsection (2)(j)
of Section 41-61-59, a death investigation shall be performed by the medical
examiners in accordance with the child death investigation protocol established
by the State Medical Examiner. The results of the death investigation shall be
reported to the State Medical Examiner on forms prescribed for that purpose by
the State Medical Examiner and to appropriate authorities, including * * * law enforcement, Department of
Child * * *
Protection Services and the Child Death Review Panel at the
Mississippi State Department of Health, within three (3) days of the
conclusion of the death investigation.
(f) In all investigations of the death of any child under the age of eighteen (18) years, for which a report under paragraph (e) of this subsection is not required, a death investigation shall be performed by the medical examiner, and the results of the death investigation shall be reported to the State Medical Examiner and to appropriate authorities, including law enforcement, the Department of Child Protection Services, and the Child Death Review Panel at the Mississippi State Department of Public Health.
(3) The medical examiner shall not use his position or authority to favor any particular funeral home or funeral homes.
SECTION 4. Section 41-61-65, Mississippi Code of 1972, is brought forward as follows:
41-61-65. (1) If, in the opinion of the medical examiner investigating the case, it is advisable and in the public interest that an autopsy or other study be made for the purpose of determining the primary and/or contributing cause of death, an autopsy or other study shall be made by the State Medical Examiner, or the State Medical Examiner may choose a competent pathologist who is designated by the State Medical Examiner or the Department of Public Safety as a pathologist qualified to perform postmortem examinations and autopsies to perform the autopsy or study. To be eligible to be designated under this section, a pathologist must be an M.D. or D.O. who is certified in forensic pathology by the American Board of Pathology unless a certified forensic pathologist is not available to perform a postmortem examination or autopsy within a reasonable time. The State Medical Examiner or designated pathologist may retain any tissues as needed for further postmortem studies or documentation. When the medical examiner has received notification under Section 41-39-15(6) that the deceased is medically suitable to be an organ and/or tissue donor, the State Medical Examiner or designated pathologist may retain any biopsy or medically approved sample of the organ and/or tissue in accordance with the provisions of Section 41-39-15(6). A complete autopsy report of findings and interpretations, prepared on forms designated for this purpose, shall be submitted promptly to the State Medical Examiner. Copies of the report shall be furnished to the authorizing medical examiner, district attorney and court clerk. A copy of the report shall be furnished to one (1) adult member of the immediate family of the deceased or the legal representative or legal guardian of members of the immediate family of the deceased upon request. In determining the need for an autopsy, the medical examiner may consider the request from the district attorney or county prosecuting attorney, law enforcement or other public officials or private persons. However, if the death occurred in the manner specified in subsection (2)(j) of Section 41-61-59, an autopsy shall be performed by the State Medical Examiner or a designated pathologist who is qualified as required by this subsection, and the report of findings shall be forwarded promptly to the State Medical Examiner, investigating medical examiner, the State Department of Health, the infant's attending physician and the local sudden infant death syndrome coordinator.
(2) Any medical examiner or duly licensed physician performing authorized investigations and/or autopsies as provided in Sections 41-61-51 through 41-61-79 who, in good faith, complies with the provisions of Sections 41-61-51 through 41-61-79 in the determination of the cause and/or manner of death for the purpose of certification of that death, shall not be liable for damages on account thereof, and shall be immune from any civil liability that might otherwise be incurred or imposed.
(3) Family members or others who disagree with the medical examiner's determination shall be able to petition and present written argument to the State Medical Examiner for further review. If the petitioner still disagrees, he may petition the circuit court, which may, in its discretion, hold a formal hearing. In all those proceedings, the State Medical Examiner and the county medical examiner or county medical examiner investigator who certified the information shall be made defendants. All costs of the petition and hearing shall be borne by the petitioner.
SECTION 5. Section 41-61-75, Mississippi Code of 1972, is amended as follows:
41-61-75. (1) For each investigation with the preparation and submission of the required reports, the following fees shall be billed to and paid by the county for which the service is provided:
(a) (i) A medical examiner or his deputy shall receive One Hundred Twenty-five Dollars ($125.00) for each completed report of investigation of death, plus the examiner's actual expenses. In addition to that fee, in cases where the cause of death was sudden infant death syndrome (SIDS) and the medical examiner provides a SIDS Death Scene Investigation report, or the death was of a child under the age of eighteen (18) years, the medical examiner shall receive for completing that report an additional Fifty Dollars ($50.00), or an additional One Hundred Dollars ($100.00) if the medical examiner has received advanced training in child death investigations and presents to the county a certificate of completion of that advanced training. The State Medical Examiner shall develop and prescribe a uniform format and list of matters to be contained in SIDS/Child Death Scene Investigation reports, which shall be used by all county medical examiners and county medical examiner investigators in the state.
(ii) If the report of investigation of death is of the death of a child under the age of eighteen (18) years, the county medical examiner or county medical examiner investigator shall not receive any fee or compensation unless the medical examiner's submits therewith a written statement to the clerk of the board of supervisors that the report to the State Medical Examiner required under Section 41-61-63(2)(e) or (f) has been submitted to the State Medical Examiner.
(b) The pathologist performing autopsies as provided in Section 41-61-65 shall receive One Thousand Dollars ($1,000.00) per completed autopsy, plus mileage expenses to and from the site of the autopsy, and shall be reimbursed for any out-of-pocket expenses for third-party testing, not to exceed One Hundred Dollars ($100.00) per autopsy.
(2) Any medical examiner, physician or pathologist who is subpoenaed for appearance and testimony before a grand jury, courtroom trial or deposition shall be entitled to an expert witness hourly fee to be set by the court and mileage expenses to and from the site of the testimony, and such amount shall be paid by the jurisdiction or party issuing the subpoena.
(3) This section shall stand repealed on July 1, 2020.
SECTION 6. Section 19-3-27, Mississippi Code of 1972, is amended as follows:
19-3-27. (1) It shall be the duty of the clerk of the board of supervisors to keep and preserve a complete and correct record of all the proceedings and orders of the board. He shall enter on the minutes the names of the members who attend at each meeting, and the names of those who fail to attend. He shall safely keep and preserve all records, books, and papers pertaining to his office, and deliver them to his successor when required. The minutes of each day's proceedings shall either (a) be read and signed by the president or the vice president, if the president is absent or disabled so as to prevent his signing of the minutes, on or before the first Monday of the month following the day of adjournment of any term of the board of supervisors; or (b) be adopted and approved by the board of supervisors as the first order of business on the first day of the next monthly meeting of the board.
(2) It shall be the further duty of the clerk of the board of supervisors to verify before submission to the board of supervisors of a request for payment to a county medical examiner or medical examiner investigator for a report of the death of a child under the age of eighteen (18) years that the medical examiner has stated in writing that the report required under Section 41-61-63(2)(e) or (f) has been submitted to the State Medical Examiner as required.
SECTION 7. Section 19-3-5, Mississippi Code of 1972, is amended as follows:
19-3-5. (1) Each member of the board of supervisors, before entering upon the duties of his office, shall give bond, with sufficient surety, to be payable, conditioned and approved as provided by law, in a penalty equal to five percent (5%) of the sum of all the state and county taxes shown by the assessment rolls and the levies to have been collectible in the county for the year immediately preceding the commencement of the term of office of said member; however, such bond shall not exceed the amount of One Hundred Thousand Dollars ($100,000.00). Furthermore, any taxpayer of the county may sue on such bond for the use of the county, and such taxpayer shall be liable for all costs in case his suit shall fail. No member of the board shall be surety for any other member.
(2) A member of the board of supervisors who voted to approve the payment of any fee to the county medical examiner or county medical examiner investigator that is not substantiated as required by Section 41-61-75(a)(ii) shall be liable to the county on the bond required by this section. The Child Death Review Panel created in Section 41-111-1 shall report any such instance to the State Auditor for investigation and possible enforcement.
SECTION 8. This act shall take effect and be in force from and after July 1, 2018.