MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Judiciary

By: Senator(s) Posey

AN ACT TO AMEND SECTIONS 41-61-53, 41-61-55 AND 41-61-77 MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IN THE ABSENCE OF A STATE MEDICAL EXAMINER, THE COMMISSIONER OF PUBLIC SAFETY MAY APPOINT AN ADMINISTRATOR OF THE OFFICE OF STATE MEDICAL EXAMINER TO ASSUME ALL NON-PHYSICIAN DUTIES OF THE OFFICE; 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 non-physician 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 State Medical Examiner, county medical examiners and county medical examiner investigators collectively, unless otherwise specified.

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

(h) "State medical examiner" means the board certified forensic pathologist/physician appointed by the Commissioner of Public Safety to investigate and certify deaths which affect the public interest. Provided, however, that in the absence of a State Medical Examiner, the Commissioner of Public Safety may appoint an administrator/director to assume all non-physician duties of the office.

SECTION 2. Section 41-61-55, Mississippi Code of 1972, is amended as follows:

41-61-55. There is hereby created the position of State Medical Examiner, to be established as herein provided under the appointment by and supervision of the Commissioner of Public Safety. Provided, however, that in the absence of a State Medical Examiner, the Commissioner of Public Safety may appoint an administrator/director to assume all non-physician duties of the office.

Each applicant for the position of State Medical Examiner shall, as a minimum, be a physician who is eligible for a license to practice medicine in Mississippi and be certified in forensic pathology by the American Board of Pathology.

The State Medical Examiner may be removed by the commissioner only for inefficiency or other good cause, after written notice and a hearing complying with due process of law.

SECTION 3. Section 41-61-77, Mississippi Code of 1972, is amended as follows:

41-61-77. (1) The Department of Public Safety shall establish and maintain a central office for the Mississippi Crime Laboratory and the State Medical Examiner with appropriate facilities and personnel for postmortem medicolegal examinations. District offices, with appropriate facilities and personnel, may also be established and maintained if considered necessary by the department for the proper management of postmortem examinations.

The facilities of the central and district offices and their staff services may be available to the medical examiners and designated pathologists in their investigations.

(2) In order to provide proper facilities for investigating deaths as authorized in Sections 41-61-51 through 41-61-79, the State Medical Examiner may arrange for the use of existing public or private laboratory facilities. The State Medical Examiner may contract with qualified persons to perform or to provide support services for autopsies, studies and investigations not inconsistent with other applicable laws. Such laboratory facilities may be located at the University of Mississippi Medical Center or any other suitable location. The State Medical Examiner may also serve as a member of the faculty at the University of Mississippi Medical Center and other institutions of higher learning. He shall be authorized to employ, with the approval of the Commissioner of Public Safety, such additional scientific, technical, administrative and clerical assistants as are necessary for performance of his duties. Such employees in the office of the State Medical Examiner shall be subject to the rules, regulations and policies of the state personnel system in their employment.

(3) The State Medical Examiner or the Administrator/Director of the Office of State Medical Examiner shall be authorized to appoint and/or employ qualified pathologists as additional associate and assistant state medical examiners as are necessary to carry out the duties of his office. The associate and assistant state medical examiners shall be licensed to practice medicine in Mississippi and, insofar as practicable, shall be trained in the field of forensic pathology. The State Medical Examiner may delegate specific duties to competent and qualified medical examiners within the scope of the express authority granted to him by law or regulation. Employees of the office of the State Medical Examiner shall have the authority to enter any political subdivisions of this state for the purpose of carrying out medical investigations.

(4) The board of supervisors of any two (2) or more adjacent counties may enter into written agreements with one another, in accordance with Section 17-13-1 et seq., to establish regional medical examiner districts for the purposes of providing and coordinating medical examiner services on a regional basis, establishing central forensic facilities for the counties involved, and employing or contracting with one or more pathologists to serve as medical examiners of the district, who will perform postmortem examinations and autopsies for the counties involved. Any powers which may be exercised under this chapter by an individual county, county medical examiner or county medical examiner investigator may be exercised jointly with any other county or with the county medical examiner or county medical examiner investigator of such other county, in accordance with the terms of the agreement between the counties involved. Any county entering into such an agreement shall be authorized to expend any funds necessary to carry out the purposes of such agreement. Any municipality located within any such district is hereby authorized and empowered to contribute funds to such district. For any such district established, the counties involved shall attempt to coordinate the operation of the district and any district facilities with the operation of any district office or offices established by the State Medical Examiner under subsection (1) of this section which include such counties. The medical examiners authorized in this subsection shall have the same authority within a medical examiner district and the counties served by such district as does the State Medical Examiner.

SECTION 4. This act shall take effect and be in force from and after July 1, 1999.