MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Public Health and Human Services
By: Representative Oliver
AN ACT TO AMEND SECTION 41-61-69, MISSISSIPPI CODE OF 1972, TO PROHIBIT CREMATION OF A BODY UNTIL THE COUNTY MEDICAL EXAMINER OF THE COUNTY IN WHICH THE DEATH OCCURRED CERTIFIES THAT HE OR SHE INVESTIGATED THE CAUSE AND THE MANNER OF DEATH, HAS THE OPINION THAT NO FURTHER EXAMINATION IS NECESSARY AND APPROVES THE CREMATION OF THE BODY; TO AMEND SECTION 41-61-61, MISSISSIPPI CODE OF 1972, TO REQUIRE ANY PERSON WITH KNOWLEDGE THAT A BODY MAY BE CREMATED TO PROMPTLY INFORM THE COUNTY MEDICAL EXAMINER OF THE COUNTY IN WHICH THE DEATH OCCURRED FOR PURPOSES OF AN INVESTIGATION OF THE BODY; TO AMEND SECTION 73-11-73, MISSISSIPPI CODE OF 1972, TO PROHIBIT A LICENSED FUNERAL ESTABLISHMENT OR OTHER LICENSEE OF THE BOARD FROM CREMATING A HUMAN BODY WITHOUT APPROVAL FROM THE COUNTY MEDICAL EXAMINER OF THE COUNTY IN WHICH THE DEATH OCCURRED; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-61-69, Mississippi Code of 1972, is amended as follows:
41-61-69. (1) No person knowing or having reason to know that a death may be under the jurisdiction of the medical examiner shall embalm, bury or cremate the body without the permission of the medical examiner. Any person violating the provisions of this section shall be guilty of a misdemeanor, and may be punished by a fine of not more than Five Hundred Dollars ($500.00), or by imprisonment for not more than six (6) months in the county jail, or by both such fine and imprisonment.
(2) A dead body shall not
be * * *
buried at sea unless a medical examiner certifies that he or she has
been informed of or inquired into the cause and the manner of death and has the
opinion that no further examination is necessary. This subsection shall not
apply to deaths occurring less than twenty-four (24) hours after birth or to
death of patient resulting only from natural disease and occurring in a
licensed hospital unless the death falls within the jurisdiction of the medical
examiner. The State Medical Examiner shall be authorized to adopt rules
creating additional exceptions to this subsection. For making this
certification, the medical examiner or his deputy shall be entitled to charge a
fee of Twenty-five Dollars ($25.00), to be paid by the applicant, unless such
medical examiner or his deputy has * * * received
a fee * * *
paid by the county.
(3) A dead body shall not be cremated unless the medical examiner of the county in which the death occurred certifies that he or she investigated the cause and the manner of death, has the opinion that no further examination is necessary and approves the cremation of the body. For making this certification, the medical examiner or his deputy shall be entitled to charge the normal, applicable fee for the investigation, to be paid in the same manner as the reasonable expenses of burial or cremation are paid under Section 41-39-5.
SECTION 2. Section 41-61-61, Mississippi Code of 1972, is amended as follows:
41-61-61. (1) (a) Upon the death of any person where that death affects the public interest, the medical examiner of the county in which the body of the deceased is found or, if death occurs in a moving conveyance, where the conveyance stops and death is pronounced, shall be notified promptly by any person having knowledge or suspicion of such a death, as provided in subsection (1) of Section 41-61-59. The medical examiner shall then notify the State Medical Examiner, in accordance with Section 41-61-63(2)(a). No person shall disturb the body at the scene of such a death until authorized by the medical examiner, unless the medical examiner is unavailable and it is determined by an appropriate law enforcement officer that the presence of the body at the scene would risk the integrity of the body or provide a hazard to the safety of others. For the limited purposes of this section, expression of an opinion that death has occurred may be made by a nurse, an emergency medical technician, or any other competent person, in the absence of a physician.
(b) Upon the death of any person where the method of disposition of the body will be cremation, the medical examiner of the county in which the death occurred shall be notified promptly by any person having knowledge or belief that the body will be cremated.
(2) The discovery of anatomical material suspected of being part of the human body shall be promptly reported either (a) to the medical examiner of the county in which the material is found, who shall report the discovery to the State Medical Examiner, or (b) to the State Medical Examiner.
(3) A person who willfully moves, distributes or conceals a body or body part in violation of this section is guilty of a misdemeanor, and may be punished by a fine of not more than Five Hundred Dollars ($500.00), or by imprisonment for not more than six (6) months in the county jail, or by both such fine and imprisonment.
(4) Upon oral or written authorization of the medical examiner, if an autopsy is to be performed, the body shall be transported directly to an autopsy facility in a suitable secure conveyance, and the expenses of transportation shall be paid by the county for which the service is provided. The county may contract with individuals or make available a vehicle to the medical examiner or law enforcement personnel for transportation of bodies.
SECTION 3. Section 73-11-73, Mississippi Code of 1972, is amended as follows:
73-11-73. (1) A funeral establishment and its employees, licensees and/or representatives shall not respond to a death call unless properly contacted and requested to so respond. No person or entity subject to regulation under this chapter shall remove or cause to be removed any dead human body from the place of death or take or cause to take custody of a dead human body without the permission of the next of kin or authorized representative, in the order of priority specified in Section 73-11-58, of the deceased.
(2) Dead human bodies may be picked up on first call or removed by a funeral director or funeral service practitioner licensed by the board or under the direction of the licensed funeral director or funeral service practitioner. When a licensed funeral director or funeral service practitioner directs another to make a first call or removal of a dead human body, he accepts, in every manner, full responsibility for all aspects of the first call or removal.
(3) (a) A licensed
funeral establishment or other licensee of the board shall not embalm * * * a dead human body without the prior
written or oral consent of the next of kin or authorizing agent or
representative of the deceased for each body that is placed under its care and
custody. In determining who the proper next of kin is or authorizing agent or
representative of the deceased, the order of priority is the same as provided
in Section 73-11-58.
(b) A licensed funeral establishment or other licensee of the board shall not cremate a dead human body without the certification described in Section 41-61-69 from the county medical examiner of the county in which the death occurred approving such cremation. If the funeral establishment or other licensee does not have authorization, the establishment or licensee shall notify the county medical examiner to receive the certification described in Section 41-61-69 before the body is cremated.
(4) The licensed funeral establishment or licensee responsible for the embalming or cremation of the dead human body shall create a written record of an oral consent given under this section that includes all of the following:
(a) The name of the authorizing agent;
(b) The relation of the authorizing agent to the deceased;
(c) The date and time that consent was given;
(d) The name of the person who obtained the consent; and
(e) Any other information required by the board.
SECTION 4. This act shall take effect and be in force from and after July 1, 2020.