Senate Bill 2192

AN ACT TO AMEND SECTION 41-61-53, MISSISSIPPI CODE OF 1972, TO REVISE DEFINITIONS; TO AMEND SECTION 41-61-63, MISSISSIPPI CODE OF 1972, TO CLARIFY THE VARIOUS RESPONSIBILITIES IN MASS-FATALITY INCIDENTS OF THE PARTICIPANTS IN THE MEDICAL EXAMINER SYSTEM; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 41-61-53, Mississippi Code of 1972, is amended as follows:

41-61-53. For the purposes of Sections 41-61-51 through 41-61-79, the following definitions shall apply:

(a) "Certification of death" means signing the death certificate.

(b) "Coroner" means the elected county official provided for in Sections 19-21-101 through 19-21-107.

(c) "County medical examiner investigator" means a nonphysician trained and appointed to investigate and certify deaths affecting the public interest.

(d) "County medical examiner" means a licensed physician appointed to investigate and certify deaths affecting the public interest.

(e) "Death affecting the public interest" means any death of a human being where the circumstances are sudden, unexpected, violent, suspicious or unattended.

(f) "Medical examiner" means the medical examiner system which is composed of the State Medical Examiner, county medical examiners and county medical examiner investigators collectively, and is a jurisdictional identifier, not a title, unless the context clearly requires otherwise * * * ~~specified~~.

(g) "Pronouncement of death" means the statement of opinion that life has ceased for an individual.

(h) "State Medical Examiner" means the * * * person appointed by the Commissioner of Public Safety pursuant to Section 41-61-55 to investigate and certify deaths that affect the public interest.

(i) "Autopsy" means a postmortem examination.

(j) "Mass-fatality incident" means a situation in which there are more dead human bodies than can be properly managed by local resources.

(k) "Postmortem examination" means an examination of a dead human body that may include the least invasive to most invasive methods based on the expertise and judgment of the pathologist handling the case.

SECTION 2. 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 county medical examiners and county medical examiner investigators.

(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 county medical examiner or county medical examiner investigator to render a full and complete analysis and report; the format and matters to be contained in all reports rendered by the county medical examiners and county medical examiner investigators; 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 county medical examiners, county medical examiner investigators, 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.

(e) Coordinate the state and local response, including the response of the Mississippi Mortuary Response Team and the Mississippi Bureau of Investigation, in the recovery and identification of dead human bodies at the scene of an incident involving civil or commercial aircraft, mass-transportation vehicles, United States military vehicles, or other mass-fatality incident with any federal authority sharing jurisdiction or having primary jurisdiction at the scene of the incident in order to achieve an orderly and efficient mass-fatality management operation.

(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.

(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 county medical examiners and county medical examiner investigators 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 police and child protective services, within three (3) days of the conclusion of the death investigation.

(f) In an incident involving civil or commercial aircraft, mass-transportation vehicles, United States military vehicles, or other mass-fatality incident, the county medical examiners and county medical examiner investigators must inform the State Medical Examiner before initiating recovery or identification efforts, must cooperate with the State Medical Examiner, and must defer to the authority of the State Medical Examiner to coordinate state and local response and questions of overlapping jurisdiction, and the State Medical Examiner must notify the Mississippi Mortuary Response Team.

(3) The county medical examiner and county medical examiner investigator shall not use his position or authority to favor any particular funeral home or funeral homes.

SECTION 3. This act shall take effect and be in force from and after July 1, 2019.